0% found this document useful (0 votes)

3K views298 pages

Jeff Sewell Deposition

Former Jefferson County Attorney Jeff Sewell gives testimony under oath about personnel issues at the county and says that Commission President David Carrington gave him "unlawful" directives.

Uploaded by

Kyle Whitmire

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

0% found this document useful (0 votes)

3K views298 pages

Jeff Sewell Deposition

Former Jefferson County Attorney Jeff Sewell gives testimony under oath about personnel issues at the county and says that Commission President David Carrington gave him "unlawful" directives.

Uploaded by

Kyle Whitmire

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

You are on page 1/ 298

In The Matter Of:

UNITEDSTATESOFAMERICA
v.
JEFFERSONCOUNTY,ALABAMA,ET.AL.
___________________________________________________

JEFFREYM.SEWELLVol.1
July30,2013

__________________________________________

JEFFREY M. SEWELL - 7/30/2013

Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

CIVIL ACTION NO.:

CV-75-S-666-S

UNITED STATES OF AMERICA,

Against,
JEFFERSON COUNTY, ALABAMA, et al.,
Defendants.
- - - - - - - - - - - - - - - - - CIVIL ACTION NO.: CV-74-S-17-S
JOHN M. MARTIN, et al.,
Against,
CITY OF BIRMINGHAM, ALABAMA, et al.,
Defendants.
- - - - - - - - - - - - - - - - - CIVIL ACTION NO.: CV-74-S-12-S
ENSLEY BRANCH OF NAACP, et al.,
Against,
GEORGE SEIBELS, et al.,
Defendants.
- - - - - - - - - - - - - - - - - DEPOSITION
OF
JEFFREY M. SEWELL
JULY 30, 2013

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 2
1

Taken Before:

Jane B. Elliott, CCR

ACCR #306 - Expires 9-30-13

Notary Public - Expires 11-09-16

4
5
6

A P P E A R A N C E S
FOR THE PLAINTIFFS:

CRAVATH, SWAINE & MOORE, LLP

Mr. Rowan D. Wilson

Worldwide Plaza

825 Eighth Avenue

New York, NY

(212)474-1348 - [email protected]

10019-7475

13
14

UNITED STATES DEPARTMENT OF JUSTICE

Civil Rights Division

Mr. Jay D. Adelstein (VIA TELEPHONE)

Mr. Joseph J. Sperber (VIA TELEPHONE)

Patrick Henry Building, Room 4026

950 Pennsylvania Avenue, N.W.

Washington, DC

(202)514-3749 - [email protected]

20530

22
23
24
25

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 3
1

(APPEARANCES)

FOR THE DEPONENT:

LOWE & GRAMMAS, LLP

Mr. E. Clayton Lowe, Jr.

Liberty Park

1952 Urban Center Parkway

Vestavia Hills, Alabama

(205)380-2499 - [email protected]

35242

FOR THE DEFENDANTS:

MAYNARD, COOPER & GALE, PC

Mr. David W. Smith

Mr. James L. Mitchell

Mr. W. Thomas Mayfield, IV

Ms. Grace Robinson Murphy

1901 Sixth Avenue North

2499 Amsouth Harbert Plaza

Birmingham, Alabama

(205)254-1000 - [email protected]

35203-2618

19
20

RILEY, JACKSON

Mr. Jay E. Murrill

3530 Independence Drive

Birmingham, Alabama

(205)879-5000 - [email protected]

35209

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 4
1

(APPEARANCES FOR DEFENDANTS)

Mr. Theodore A. Lawson, II

Assistant County Attorney

Room 280 Courthouse

716 Richard Arrington, Jr. Blvd. N.

Birmingham, Alabama

(205)325-5688 - [email protected]

35203

8
9
10

ALSO PRESENT:
Ms. Alaizah Koorji

11
12
13

* * *

14
15

I N D E X

16
17

EXAMINATION BY:

PAGE NO.:

Mr. Wilson.................................6

Mr. Smith..................................102

RE-EXAMINATION BY:

Mr. Wilson.................................220

22
23
24
25

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 5
1

EXHIBIT INDEX

2
3
4
5

MAR
Sewell Exhibit
1
Copy of Al.com article, Wright,
4/7/13

Copy of April 2 memorandum,

Carrington to Sewell

Copy of letter, 4/8/13, Carrington

to Sewell

6
7
8
9
10
11

County Exhibit
1
Copy of resolution of organization, 105
11/10/10
2

Copy of Al.com article, 10/18/12,

Barnett Wright

108

Copy of Al.com article, 10/19/12,

Kennedy

112

Copy of Al.com article, 10/23/12,

Archibald

114

Copy of Al.com article, 11/1/12,

Archibald

118

Copy of memorandum, 3/13/13, Sewell 122

to Jefferson County Commission

Copy of series of e-mails, 2/25/13

Copy of resolution of organization, 152

Carrington

Copy of resolution of organization, 155

Sewell

Copy of settlement agreement

12
13
14
15
16
17
18
146

19
20
21
22
205

23
24
25

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 6
1

I, Jane B. Elliott, Certified

Shorthand Reporter and Notary Public for the

State of Alabama, acting as Commissioner,

certify that on this date, pursuant to the

Federal Rules of Civil Procedure and the

foregoing stipulation of counsel, there came

before me at the Westin Birmingham, 2221 Richard

Arrington Boulevard, Birmingham, Alabama, on the

30th day of July, 2013, commencing at

10:00 a.m., JEFFREY M. SEWELL, witness in the

above cause, for oral examination, whereupon the

following proceedings were had:

13
14

JEFFREY M. SEWELL,

being first duly sworn, was

examined and testified as follows:

17
18
19

THE REPORTER:
stipulations?

MR. WILSON:

21
22

Do you have

We do not.

EXAMINATION
BY MR. WILSON:

Good morning, Mr. Sewell.

Good morning.

Can you state your name for the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 7
1

record, please?

Jeffrey M. Sewell.

And at some point in time you worked

for Jefferson County; is that correct?

Yes.

When did you start working for

7
8
9

Jefferson County?
A.
believe.

The first time was in about 1982, I

I was in law school and I was a law

clerk in the office for a year.

Then went on

after law school into the Army in the JAG Corps,

and spent four years in the Army and then came

back, began working the second time, I believe,

on August 28, 1988.

In what capacity?

As assistant county attorney.

Who was the county attorney at the

time when you came on in 1988?

Andy Strickland.

And you reported to Mr. Strickland?

Yes.

Did your position change at any time

during the course of your employment with

Jefferson County?

1-800-325-3376

In November of -- I believe it was

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 8
1

November of 2008, Andy retired and I was hired

or appointed, I guess, promoted, whatever the

word is, to county attorney.

So between August 28th of 1988 and

November of 2008 your position didn't change,

you were assistant county attorney?

Correct.

Were there other assistant county

9
10

attorneys during that period of time?

There were, there were other

assistants that preceded my second employment

and other assistant county attorneys that --

that were employed from 1988 up through -- up

through, you know, later in years.

Wagner is one of them who is now retired, and

Theo Lawson and eventually French McMillan and

Shawnna Smith.

Charles

Did the assistant county attorneys

have different responsibilities by subject

matter or type of work?

Not in any official capacity, not in

any -- you know, there's no record of that, but

just by the way things worked out there tended

to be certain -- certain of us had certain areas

we did, you know, kind of -- I won't say

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 9
1

specialized in, but that's just kind of what we

did and others did other things and we tried not

to get in each other's lanes as best we could.

During the time you were assistant

county attorney, did you have any responsibility

for the United States versus Jefferson case?

This case?

This case.

No.

During the period of time that you

11
12
13
14

were assistant county attorney, who did?

Charles Wagner for -- for most of the

period of time, and then Theo Lawson.

And did either Mr. Wagner or

Mr. Lawson report to you while you were an

assistant county attorney?

No.

They reported also to Mr. Strickland?

Yes.

When Mr. Strickland was county

attorney, what authority did he have to direct

Mr. Wagner and Mr. Lawson as to their handling

of the U.S. V. Jefferson case?

24
25

He was their direct supervisor and

department head.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 10
1

their work --

Yes.

-- in that case?

So he had the ability to supervise

Did Mr. Strickland, while he was

county attorney, have the authority to direct

Mr. Wagner and Mr. Lawson as to the steps the

county would take to comply with the consent

decree -- consent decree in this case?

He -- subject to the client, the

county commission, subject to their instruction

and direction, he did.

13
14

Then I think you said in November of

2008 you became county attorney?

I believe that's right.

Okay.

And that was on

Mr. Strickland's retirement?

It was.

Was there a gap at all?

I don't think there was.

There is a

resolution of the commission that sets the date

that he retired.

I think it was October 31st, I'm not certain,

but I think the next Monday was November 2nd or

3rd, and I think that was my first day as county

1-800-325-3376

I don't recall exactly what --

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 11
1

attorney.

2
3

Was there a -- do you know how you

were selected for the position?

Oh, yes.

There had been -- I don't

want to get into the conversations with,

I guess, the commission, but there was a process

involved and it culminated in a vote of the

county commission and that would be recorded in

the minutes in around October or November of

2008.

commission?

commission.

16
17

Were you interviewed by the

I was not formally interviewed by the

Do you know if the commission had

other candidates that were considered?

There were other lawyers that had, I

will use the term "lobbied," for the job.

was aware of that.

20
21

And I

I tried to stay out of that.

Were those lawyers employees of the

county at the time?

No.

Once you became county attorney, who

had the -- starting November 2008, who had the

day-to-day responsibility for handling the U.S.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 12
1

V. Jefferson litigation?

Charlie Wagner.

He had entered an

appearance years ago.

if Theo in 2008, he probably had, I'm not going

to swear to that, I don't remember, but Charlie

was directly responsible for this case until he

retired at the -- I believe at the end of 2010.

I believe that's right.

And I don't really recall

Was Mr. Wagner also responsible until

the point that he retired for supervising the

county's consent decree compliance issues

related to this case?

13
14

To -- subject to the client's

instructions and -- yes.

The client being the county

commission?

Yes.

Are you aware that a contempt hearing

against Jefferson County commenced in March

2009?

21
22
23

I am aware of it.

I was not present

at it but I know that it happened.

And were you aware that the county,

for example, submitted a -- a trial exhibit list

in October of 2008 in connection with that

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 13
1
2
3
4
5

trial?
A.

Vaguely aware of it.

I don't recall

that I have seen it.

In October 2008, did you have any

responsibilities for the U.S. V. Jefferson case?

No.

Are you aware that in 2009, in

advance of the trial, the county submitted a

pretrial memorandum of law in connection with

the contempt hearing?

Vaguely aware of it.

Did you -- do you recall having any

involvement in directing or supervising the

county's 2009 trial strategy?

I did not.

You had become the county attorney in

late 2008, I think you said.

issues were you focused on for the first several

months when you became county attorney?

Were there -- what

The county's financial condition.

the early part of 2008, actually late 2007, the

financing structure of the sewer debt had begun

to collapse and it got worse over the course of

the 2008 period.

collapse, the occupational tax was invalidated,

1-800-325-3376

And the general fund began to

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 14
1

and my attention was on the county's financial

condition.

Are you generally familiar with the

position that the county took at the

commencement of the 2009 contempt hearing?

Not -- not really, no.

Do you know whether the county in

March of 2009 admitted any violation of the

consent decree?

I don't know.

Do you know somebody named Janet

Thornton?

she is.

Well, tell me what you know about

As I recall, she's a consultant of

the county.

For what purpose?

For this case.

And did you have any role or

I have met Mrs. Thornton.

I know who

I don't know her well.

her.

responsibility, involvement, in retaining her?

I don't believe that I did.

Did you have any responsibility or

role in supervising the work she did for the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 15
1

county?

No.

Have you ever read her deposition

testimony or trial testimony?

I don't recall.

If I tell you she produced reports

for the county relating to this case in 2008, do

you know whether you had any involvement in the

supervision of that work?

In 2008 I would not have, no.

Now, you're generally aware that the

trial that started in 2009 was adjourned for a

couple of years?

Yes.

And that it resumed in December of

2012?

Yes.

As county attorney were you involved

in the county's trial strategy at all for the

2012 resumption of the trial?

Yes.

Were you aware prior to the start of

the trial that the county had admitted in its

pretrial memorandum of law that it was in

violation of many of the decree provisions?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 16
1

MR. SMITH:

Object to the form of the

question and object to the witness providing

communications between attorneys over that

litigation strategy.

MR. WILSON:

MR. SMITH:

Well, the witness is not

under my control, to my knowledge.

8
9

Is that an instruction?

MR. LOWE:

Right.

If you're raising

an attorney-client privilege objection, then I

would direct him not to answer anything that

would reveal such privilege.

And since we're on this topic, the

county has made it quite clear they're concerned

about Mr. Sewell revealing privilege in this

deposition, so I foresee additional instances of

this arising in at least three ways.

ask Mr. Sewell a question, he objects based on

privilege.

assert and not Mr. Sewell's, I'm going to direct

Mr. Sewell not to answer, like in this instance.

One is you

Since it's the county's privilege to

The second scenario I would see would

be you ask Mr. Sewell a question, Mr. Smith does

not object; however, Mr. Sewell believes that

his answer may reveal something privileged, he

will say let me confer with my attorney.

1-800-325-3376

I will

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 17
1

in turn confer with Mr. Smith.

it's privileged, then I will direct him not to

answer.

If he believes

In the third scenario, you ask

Mr. Sewell a question, he doesn't object,

Mr. Smith doesn't object, Mr. Sewell answers

believing that his answer does not contain a

privilege, and indeed the county may think it

does, then I believe it's incumbent upon the

county to assert it at that point and we'll take

it up then.

12
13

Is everybody okay with proceeding

that way?

14
15

MR. ADELSTEIN:
it's Clay Lowell speaking?

MR. LOWE:

MR. ADELSTEIN:

MR. LOWE:

Am I correct that

Lowe, yeah, L-O-W-E.

Thank you.

I'm sorry, I forgot all

about you being on the telephone.

MR. WILSON:

That -- that is a -- I

guess the only thing I would ask is that if

Mr. Smith is making an objection that concerns

an assertion of privilege, that he put the word

privilege somewhere into whatever he puts on the

record.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 18
1

MR. LOWE:

I agree with that.

MR. WILSON:

Because the last one, I

couldn't tell if it was purely a form objection

or if there was some concern that there was a

privileged communication problem.

6
7

MR. SMITH:
note that.

8
9

In the deposition -- I'll

In the deposition, typically in a

deposition we stipulate at the outset that

objections other than as to form are reserved,

and of course privilege is an issue where the

county attorney is being deposed.

reserving other objections?

MR. WILSON:

Are we

I think the Federal

Rules reserve objections as to hearsay and so

on, but privilege I've never understood to be

that sort of a thing.

assert it if you intend to --

MR. LOWE:

I think you need to

And I understood at the

beginning we said there were no stipulations in

addition to what -- the rules that apply.

22
23

MR. SMITH:

So you said what about stipulations?

24
25

See, I didn't hear that.

MR. WILSON:

That there were no

stipulations, but I believe the Federal Rules

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 19
1

explicitly preserve objections other than as to

form.

MR. LOWE:

But back to your question,

it would probably help to reread the question,

let him make his objection more succinctly and

move on from there.

How about that?

MR. WILSON:

That's fine.

If I --

sure, and just as long as I understand that you

have a privilege issue in the objection, that's

all I need.

11
12

MR. SMITH:

Sure, and I'll do my best

to articulate something about it.

MR. WILSON:

MR. SMITH:

Thank you.
And so to clarify, my

last objection was an objection to privilege

concerns.

be, but it was a question about information he

had, and not knowing the foundation of that at

all my concern is that I have to assert

privilege to the question as phrased.

I don't know what the answer would

MR. WILSON:

different question.

MR. LOWE:

Okay.

Let me try a

Are we withdrawing the

last one?

1-800-325-3376

Mr. WILSON:

Sure.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 20
1

MR. LOWE:

MR. WILSON:

Okay.
Well, there's been an

objection and an instruction, so we'll just

leave it at that and I'll move on.

MR. LOWE:

Okay.

(BY MR. WILSON)

Do you recall

reading the county's 2012 pretrial memorandum

before it was filed with the court?

I do recall reading it.

And do you recall commenting on it at

Yes.

11
12

all?

MR. SMITH:

MR. WILSON:

Objection.
To anyone.

To whom?
I didn't ask

for the substance of the comment.

MR. SMITH:

Object on privilege.

he provided legal advice about it, we assert the

privilege.

or you about it, then it wouldn't be privileged.

If he talked to Judge Smith about it

MR. WILSON:

Well, the fact that he

commented on it even to a client, unless I'm

asking for the substance of the comment, isn't

seeking privileged information.

information you have to provide on a privilege

log were there one.

1-800-325-3376

It's

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 21
1

MR. SMITH:

Information you have to

provide on a privilege log what?

MR. WILSON:

Were there one.

All I'm

asking is whether a conversation existed.

the answer's no, then it's no.

yes, I'm not going to inquire about the

substance.

8
9

MR. SMITH:

If the answer is

And I suppose then it'd

be important to say that if the question is a

yes or no question, that the answer be limited

to yes or no rather than going on into what the

yes might have behind it so that we can judge it

one question at a time.

MR. LOWE:

That's fair enough.

think what he's saying, and you certainly

realize that if he asks you a yes or no

question, say yes or no.

don't divulge the explanation for the yes or no.

19
20

THE WITNESS:

I think I understand

that.

21
22

If he objects you

MR. LOWE:
Q.

He does.

(BY MR. WILSON)

So the question is

did you comment on the pretrial memorandum

before it was filed?

1-800-325-3376

Yes.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 22
1

Are you aware that the county's

pretrial memorandum contains a number of

stipulations of violations of the consent

decree?

Yes.

And you were aware of that before it

was filed?

MR. SMITH:

MR. LOWE:

MR. SMITH:

MR. LOWE:

Objection.
What's the grounds?
Privilege.
Direct him not to answer,

based on the county asserting the privilege and

it's not Mr. Sewell's privilege to assert.

14
15

(BY MR. WILSON)

Did you read a draft

of the pretrial memorandum?

Yes.

And when you read the draft, did you

see stipulations of violations of the consent

decree in it?

Yes.

In 2012, did you have the authority

to alter the contents of filings to be made with

the courts if you believed them to be wrong?

Yes.

Is it a fair characterization to say

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 23
1

that the county's position as to the

Martin-Bryant party's motion for contempt

changed between 2009 and 2012?

Yes.

Did you have any role in that

change?

7
8

MR. SMITH:

Objection to the extent

it calls for privileged information.

MR. LOWE:

That was a yes or no.

MR. WILSON:

THE WITNESS:

MR. LOWE:

Answer?

Answering yes doesn't

reveal any privilege.

14
15

Just a yes or no.

THE WITNESS:

The answer to the

question is yes.
Q.

(BY MR. WILSON)

I don't recall

seeing you at the 2012 trial.

any portions of it?

19
20
21
22

I did not.

Did you attend

I don't recall that I've

ever entered an appearance in that case.

Did you read any of the trial

testimony after it occurred?

Yes.

Did you read any of the trial

testimony given by county commissioners?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 24
1

Yes.

Did you read all of the trial

testimony given by the county commissioners?

Yes.

Do you recall when you first did

that?

Very soon after the trial.

And have you read their testimony

more than once?

Yes.

Do you recall the -- let's start

slowly.

testifying to the following in response to a

question:

making sure the county comes into compliance

with the consent decree?

Do you recall Commissioner Stephens

Are you personally committed to

Answer:

Question:

One hundred percent.

Are you committed to

allowing Manager Petelos to take the steps

needed without interference from the county

commission?

22
23

Answer:

and uphold the law and that is the law.

24
25

Yes, sir, I agree to abide

Do you recall testimony to that

effect by Commissioner Stephens?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 25
1

I recall reading that.

Yeah -- yes.

Sorry.

That's my

question.

Do you recall reading a colloquy

between Judge Smith and Commissioner Stephens

about an incident involving Commissioner

Stephens' interference with employment

decisions?

Yes.

And do you recall -- well, do you

have any recollection of what your perception of

Judge Smith's comments were, if any?

Yes.

And what was your perception of that

testimony?

Of Judge Smith's comments?

Correct.

That Judge Smith was making it very

clear what Judge Smith expected.

And what was that?

Compliance.

Do you recall that Commissioner

Knight also testified at the trial?

Yes.

And do you recall reading testimony

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 26
1

of Commissioner Knight to the following effect:

Question, all right, do you plan in any way to

interfere with Mr. Petelos' duties as the

appointing authority of Jefferson County?

Answer:

No, sir.

Question:

Do you believe that

Mr. Petelos is committed to compliance with the

consent decree?

9
10

Answer:

I do believe that he's fully

willfully compliant with this consent decree.

Question:

Do you believe that the

commission is committed to compliance with the

consent decree?

Answer:

Question:

Yes.
What about you

individually?

Answer:

Absolutely.

Do you recall that testimony?

I recall reading it, yes.

And do you recall Judge Smith having

the colloquy with Commissioner Knight as well in

which he used the phrase "heavy feet"?

I recall reading it.

Did you attend a meeting of the

Jefferson County Commission's Administrative

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 27
1

Services Committee on April 12, 2013?

Yes.

And who was on the -- who were the

members of the administrative services

committee?

All five of the county commissioners.

Do you know whether Mr. Petelos was

present at the meeting?

I don't think that he was.

Were members of the public present at

the meeting?

Yes.

Was the press present at the meeting?

Yes.

Do you know whether the meeting was

open to anyone who wanted to attend?

17
18
19
20

It was a public meeting under Alabama

So you didn't need an invitation, you

law.

could simply show up?

I could have shown up?

Absolutely.

And I wouldn't have been turned away?

Should not have been.

Were you there for the whole meeting?

Yes.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 28
1
2

And do you remember speaking at the

meeting?

I do.

Do you recall whether there was any

dispute about whether you should be allowed to

speak at the meeting?

Yes.

And what do you recall about that?

MR. SMITH:

of the term dispute.

Object to the form, use

You may go ahead.

I just -- I recall that there was

some debate between county commissioners as to

whether I should be allowed to speak.

14
15
16

(BY MR. WILSON)

And do you recall

who was on which side of the debate?

Not really, to be honest with you.

-- I just recall that there was discussion

and -- which I stayed out of, as I recall.

19
20

And ultimately you were allowed to

speak?

I was.

Do you recall saying at the meeting

that the awarding of a merit raise by Tony

Petelos is one of several personnel matters that

the commissioners have no role in anymore, all

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 29
1

of you have made that clear in your testimony to

Judge Smith, do you understand that?

Do I recall saying that?

At the meeting?

I do.

Now, in October 2012, did the county

7
8
9

commission give you a pay raise?

They -- they awarded a raise.

don't remember the exact date, but --

Somewhere in late 2012?

Somewhere in that time, yes.

Do you recall seeing any statements

by Commissioner Carrington concerning his views

of the -- of your job performance?

Yes.

And what do you recall him saying?

To me or to others?

Either way.

MR. SMITH:

Yeah, I mean, we assert

the privilege.

talking about the media coverage, but we assert

the privilege over any communication that would

fall within, you know, attorney/client

privilege.

1-800-325-3376

I don't know -- well, you were

MR. WILSON:

So you're -- just so I'm

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 30
1

clear, if Commissioner Carrington told

Mr. Sewell something about Mr. Sewell's

performance, you view that as attorney/client

privilege?

MR. SMITH:

Was the question limited

-- see, you've got your hand over your face

while you're asking questions and I am

struggling to hear you.

MR. WILSON:

MR. SMITH:

I'm sorry.
It's okay.

I -- but I'm

not playing a game about not hearing as well as

I'd like, but I thought that you were asking him

about statements Carrington made about his

performance and didn't limit it to statements

made to Jeff.

16
17

MR. WILSON:

I did not limit it to

statements to Jeff.

MR. SMITH:

And so if Commissioner

Carrington sought legal advice about that, then

that would be something that falls within

privilege.

scenarios that could be behind that.

And I don't know the various

(BY MR. WILSON)

All right.

Let me

ask you to exclude from your answer any legal

advice Commissioner Carrington sought from you

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 31
1

about your job performance and instead ask --

well, and let's take it in little pieces.

you have any conversations directly with

Commissioner Carrington about your job

performance at or around the time the commission

awarded you a raise?

Yes.

And in the course of those

9
10

conversations with Commissioner Carrington, was

he seeking legal advice from you?

No.

Was he commenting on how well he

Did

thought you performed the job?

Yes.

And tell me what you remember about

that conversation.

It was all very positive.

Do you recall him saying anything

negative, room for improvement, critical,

anything like that?

No.

How many conversations did you have

with him on the subject of your performance?

I don't recall.

Do you recall any statements that

1-800-325-3376

Several.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 32
1

Commissioner Carrington made to the press about

your performance?

I do.

And do you recall him saying

something to the effect of there is not a member

of the commission who has not told me how much

they value Jeff's knowledge and his guidance to

this council, we believe he's a valued member of

our team.

I recall being present at a meeting

when those words were spoken and I recall

reading them in various media.

13
14

Somewhere around the time of your pay

raise?

Somewhere around that time.

Do you recall at the April 12, 2013

committee meeting stating that on the afternoon

of April 2nd you got a memo from Commissioner

Carrington that outlined seven performance

deficiencies?

Do I recall stating myself at the

April 12th meeting that I had received a memo

from Commissioner Carrington on April 2nd, on

the afternoon of April 2nd --

1-800-325-3376

Correct.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 33
1

-- outlining seven performance

deficiencies?

Yes.

Yes, I recall saying that.

Okay.

Did you also -- do you also

recall telling the commission at the April 12th

meeting that that was the first memo of

performance deficiency that you've ever

received, not just as an attorney for Jefferson

County for 25 years but also for four years

before that as a JAG lawyer?

I recall --

Saying that?

The substance of that, yes.

I don't

recall the exact words I used, but I do recall

saying that.

Was that statement in substance true?

Yes.

So the April 2nd memo you got from

Commissioner Carrington was the first written

negative review of your job performance you had

received ever?

Yes.

Now, earlier on the day of April 2nd,

2013, did you write or deliver a memo to the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 34
1

Jefferson County Commission?

Did I write or deliver?

Let's say did you deliver?

I did not deliver.

Did you write a memo to the

commission on April 2nd?

MR. SMITH:

Objection, work product.

MR. WILSON:

It was just a question

of whether a memorandum exists, not the

substance, but if you're going to instruct him

not to answer that --

MR. LOWE:

MR. WILSON:

MR. LOWE:

Well, it's up to me -Right.

-- to instruct him not to

answer, but he's making a work product

objection.

the objection?

asking the substance of it.

What's -- what's the substance of

Did he author a memo?

MR. SMITH:

MR. LOWE:

He's not

Are you --

Well, if he -He hasn't even identified

the memo, he just said did you write a memo on a

particular date.

MR. SMITH:

answer to did you write a memo.

1-800-325-3376

MR. LOWE:

All right.

I'll allow an

On whatever particular

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 35
1

date.

(BY MR. WILSON)

April 2nd, 2013.

I co-wrote a memo.

Okay.

My memory is that the memo was on my

Who were your co-authors?

letterhead and my name was on it, along with

Theo Lawson, Ted Hosp and perhaps Grace Murphy.

If someone has the memo, then that would -- I

don't have it.

10
11

Do you know who prepared the initial

draft of that memo?

I -- I don't remember.

Do you know whether it was you?

It may have been.

I just -- you have

to understand, I write a lot of memos -- I wrote

a lot of memos.

advice?

I think that it probably fairly did.

Did it provide legal advice to the

Did that memorandum provide legal

Jefferson County Commission?

Yes.

Generally speaking, without revealing

the advice, was the subject whether the

commission's actions were consistent with the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 36
1

county manager law?

2
3

MR. SMITH:

Objection, assert

privilege.

MR. LOWE:

I agree with him on that

one.

reveal privilege, so I direct him not to answer.

7
8

I mean, the subject in that memo would

(BY MR. WILSON)

Did the subject have

anything to do with the county manager act?

MR. SMITH:

MR. LOWE:

Object, assert privilege.

Direct him not to answer.

(BY MR. WILSON)

Did the memorandum

contain any discussion about the contempt

hearing in the U.S. V. Jefferson case?

MR. SMITH:

MR. LOWE:

Objection, privilege.
I'll have to direct him

not to answer based on their objection.

(BY MR. WILSON)

Are you aware of an

article in "The Birmingham News," or AL.com that

describes the April 2 memo in the following

way:

manager the Jefferson County Commission has not

formally relinquished their oversight of

department heads and is out of compliance with

the county manager law, the county's attorney

warned this week in a memo obtained by AL.com,

Eighteen months after hiring a county

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 37
1

"The Birmingham News."

2
3
4

MR. SMITH:

Objection, assert

privilege.
Q.

(BY MR. WILSON)

Well, I think all I

asked -- I may not have asked it.

reading an article that said that?

MR. SMITH:

yes/no answer to that question.

Do you recall

I don't object to the

Yes.

(BY MR. WILSON)

When you read that

article, did you reach any conclusion about

whether "The Birmingham News" had actually

obtained a copy of the memo?

14
15

MR. SMITH:
second?

I need a minute to --

16
17

MR. LOWE:

That phone is getting

annoying.

18
19

May I have just a

MR. SMITH:

It compounds the hearing

problem.

MR. LOWE:

don't have a hearing problem.

22
23

MR. SMITH:

Yeah, mine too, and I

Ma'am, would you read

that question back to me, please?

(Whereupon the requested

portion of testimony was

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 38
1

read.)

MR. SMITH:

If the question is, on

reading it if you had a mental operation about

whether they have it, then I don't object to

that, but if he undertook to investigate it,

then that's a separate thing.

your question does trigger the possibility of

privileged information being provided in the

answer.

So I think that

So without knowing the answer, we make

our objection that no privileged information

should be provided in response.

(BY MR. WILSON)

Okay.

To be clear,

I'm not asking whether you undertook any effort

at all.

it did you think that the paper has the article

-- I'm sorry, has the memorandum?

I'm asking purely about when you read

Did I think that?

Uh-huh (INDICATING AFFIRMATIVE).

19
20

MR. LOWE:
can answer.

21
22

David's nodding that he

MR. SMITH:

And I -- I mean, if

there's an objection I'll say it.

MR. WILSON:

MR. LOWE:

MR. SMITH:

1-800-325-3376

Okay.

Good.

All right.
I don't mean to -- Jeff

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 39
1

was looking at me that moment.

MR. LOWE:

we are a little --

4
5

Oh, I understand because

THE WITNESS:
(PHONE RINGING).

MR. LOWE:

THE WITNESS:

Was that you?

Unfortunately.

Thought

I turned it off.

9
10

So I can answer?

So I can answer the question, did I

think the newspaper had a copy of the memo?

(BY MR. WILSON)

That's the question.

I don't recall thinking whether they

might have had a copy or not.

I just -- I don't

remember thinking that.

much about the article and I don't know if they

have a copy of it, or had a copy of it.

don't know.

I don't remember too

MR. WILSON:

Exhibit 1 a copy of the article.

I just

Let me mark as Sewell

(Whereupon, Exhibit 1 was marked for

identification, a copy of which is

attached hereto.)

MR. SMITH:

MR. WILSON:

May I have 30 seconds?

Of course.

Do you want

to take a copy with you?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 40
1
2

MR. SMITH:

I have one -- I will take

a copy.

(Whereupon, a short recess was

had, 10:36 a.m. - 10:38 a.m.)

5
6

(BY MR. WILSON)

Have you had a

chance to look at the article in AL.com?

Yes.

I'm not going to read the whole thing

into the record or have you do that, but reading

it now, do you believe that the newspaper has a

copy of your April 2nd memorandum?

MR. LOWE:

Is your question to him

just from reading this did he assume that they

had a copy of it?

MR. WILSON:

would he draw that conclusion.

MR. LOWE:

As he reads it now, yes,

There's apparently no

objection.

MR. SMITH:

MR. LOWE:

MR. SMITH:

Well, let me say this -Or is he pondering?

It's -- my concern is

that we not have testimony that is protected as

privileged because it amounts to the county

attorney forming a legal opinion or -- or in

effect starting toward work product.

1-800-325-3376

And these

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 41
1

are gray areas, they're certainly difficult for

me, so I don't know what the next question is,

but if the question, if I'm recalling the

question correctly and the question is from

reading this piece of paper here today, do you

think they have a copy, and that is the entirety

of the question, then I'm not going to object to

privilege on some thought he has here today.

9
10

MR. WILSON:
question.

MR. SMITH:

MR. LOWE:

That's the entirety of

Thank you.
Go ahead.

I don't know if they had a copy of

the article or not.

there are several quotes that appear to be

quotes from the memo in quotation marks which

suggests to me that the author of the article

had at least seen the memo, but whether they

have a copy, I don't know.

I note in the article that

(BY MR. WILSON)

Do you recall at the

April 12th, 2013 committee meeting telling the

committee, there are changes in that resolution

that you need to make that -- that you need to

make to make that document comply with the

existing law of Alabama and you got the memo

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 42
1

from me about that?

I recall words to that effect, yes.

And the memo from me about that that

you referred to in that portion of the committee

meeting was the April 2 memo we've been talking

about?

Yes.

Do you recall that Commissioner

Carrington started the April 12th, 2013

committee meeting by saying that the memo that

you sent expressed an opinion that the

commission's committee structure outlined in the

commission's organizational resolution that

Mr. Sewell participated in drafting and

recommended for adoption in 2010 was somehow

inconsistent with the county manager act?

I recall words to that effect, yes.

That Mr. Carrington said at the

committee hearing?

Words to that effect, yes.

Do you recall one of commissioners at

the committee hearing on April 12th saying that,

with regard to the April 2nd memo that you'd

written, we all kind of know what it said

because it was published in the paper, or pieces

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 43
1

of it were?

I don't have any memory of that.

Okay.

We're going to try and play

you an audio clip and see if you can identify

who this is.

Okay.

This is an audio clip from a

recording produced to us by the county

purporting to be a recording of this committee

meeting.

(PLAYING RECORDING)

And -- and would

it be prudent for you as the county attorney to

say, hey guys, I've got this coming up?

know, you may have forgotten about it, I don't

know, you knew about it, and I don't know, I

don't feel like you communicated that to us.

The April 2nd memorandum is -- here we had this

organizational chart in 2010 when we came in and

it -- it says what it says.

consent hearing, the contempt hearing, and

several months passed by and the issue never

became paramount until April 2nd, 2010.

think that was in response to Mr. Carrington

putting forth a resolution to add another

committee for the county manager so that we can

1-800-325-3376

You

And we had the

And I

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 44
1

kind of shift all those departments under county

manager to him, and -- and then had the county

attorney to have a committee.

and Mr. Carrington, I think y'all told me y'all

had talked, and we're in this committee meeting

and then you pull out a memorandum and put it

down, and we kind of stepped back and took that

deep breath, and then a few days later you came

with that other memorandum saying it was, I

And I know you

guess, an emergency.

And so I guess my question

is why did it become so, you know, a burning

issue on April the 2nd, because, you know, we

all know kind of what -- what it said because it

was published in the paper, or pieces of it

were.

going, hey, let's -- on the organization, we

need to address it -- (RECORDING STOPPED).

And so as opposed to the county attorney

(BY MR. WILSON)

if you know?

Knight.

Okay.

Who is that,

That sounds to be Commissioner Joe

I had asked you previously whether

prior to April 2nd -- prior to April 2nd you had

ever received any written complaints about your

performance while employed with Jefferson

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 45
1

County.

I think your answer was no.

None that I can recall.

Do you recall ever receiving any oral

complaints about your performance prior to April

2nd from any of the county commissioners?

MR. SMITH:

Let me interject an

objection.

I'm concerned that if -- about

discussions between Commissioner Carrington and

Mr. Sewell can include topics that we will

assert privilege on and where -- where what they

disagree about is the county's legal strategy or

the approach to handling a legal matter, that

there's a privilege there.

that privilege objection at this point on the

topic of where the subject of the question is

performance concerns or some similar phrase.

MR. LOWE:

And so we assert

But just so we're clear,

you don't have an objection to him answering

questions regarding discussions that solely

involve performance issues?

MR. SMITH:

MR. LOWE:

Well -That don't overlap or

disclose anything about legal strategies, work

product or whatever?

MR. SMITH:

1-800-325-3376

Well, I --

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 46
1

MR. LOWE:

And the reason I say that,

you allowed him to answer earlier about a

performance question.

now, are you?

5
6

MR. SMITH:
that.

7
8

So you're not backing up

Yeah, I'm concerned about

I -MR. WILSON:

Let me, if I can

shortcut this, not to interrupt you.

MR. LOWE:

MR. WILSON:

No, please do.

But all I asked was a

yes or no question about whether he ever has had

a discussion with a county commissioner in which

he received some sort of a negative evaluation

of his performance.

substance, just did the conversation express

this, yes or no.

17
18

MR. SMITH:

I didn't ask for the

All right.

No objection

to a yes/no answer to that question.

You have to put a time frame on it,

before when?

(BY MR. WILSON)

Well, I initially

asked from the time that you started work for

the county as an assistant county attorney up

through April 1st of 2013.

1-800-325-3376

I don't recall ever having received

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 47
1

an oral --

2
3

MR. SMITH:

We were looking for a yes

or no, I think.

THE WITNESS:

MR. SMITH:

my concern is beyond yes or no.

MR. WILSON:

I'm sorry.
No, I'm only pointing out

Well, sorry.

Yes, no or

I don't recall, I think, would be acceptable.

MR. SMITH:

It would.

I don't recall any.

(BY MR. WILSON)

Prior to April 2 of

2013, did you believe that you had a good

working relationship with the commissioners?

Yes.

Did you, prior to April 1st of 2013,

work with outside attorneys for Jefferson

County?

Yes.

Often, not often?

All day, every day.

On a variety of different matters?

Yes.

From a variety of different firms?

Yes.

Do you have any reason to believe

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 48
1

that any of them prior to April 1st of 2013

questioned your abilities or competence?

3
4

MR. SMITH:

Objection, assert

privilege.

MR. WILSON:

MR. LOWE:

Just a yes or no?

Do you have a problem with

him answering yes or no to that?

MR. SMITH:

Not just yes or no.

Please restate.

I'm sorry.

(BY MR. WILSON)

Sure.

Prior to

April 2nd of 2013, do you have any reason to

believe that any of the outside lawyers you

worked with had complaints about your abilities

or competence?

No.

Before April 2 of 2013, had you been

notified by anyone that your management of

outside lawyers was deficient in any way?

MR. SMITH:

Sorry, just a second.

Will you read that back to me, please?

sorry.

(Whereupon, the question was

read.)

MR. SMITH:

I'm

Anything other than a

yes/no, I'd object to on the basis of privilege.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 49
1
2

THE WITNESS:
moment.

MR. WILSON:

MR. LOWE:

Let me talk to Clay a

Of course.
Do we need to get up, talk

about it?

THE WITNESS:

(Whereupon, a short recess was

had, 10:50 a.m. - 11:06 a.m.)

MR. WILSON:

Yeah.

I think we might have to

have the last question read.

(Whereupon, the question was

read.)

MR. LOWE:

That's a yes or no

question.

MR. SMITH:

And for the record, the

yes or no aspect is important but not

determinative for me.

based on the content of the question alone.

This question we do not assert privilege on.

There could be concerns

You have asked me if there was

concerns about my management of outside law

firms?

(BY MR. WILSON)

You have not asked me if there were

Correct.

concerns about outside law firms?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 50
1

Correct.

About my management of firms, no,

there would have been no --

(Whereupon, Sewell Exhibit 2 was

marked for identification, a copy of

which is attached hereto.)

Let me show you what I've marked as

Exhibit 2, which is a letter to you titled Re:

Ongoing performance deficiencies dated April 2,

2013 from David Carrington.

11
12

It's always good to give counsel

copies first.

13
14

Do you recall receiving a copy of a

letter mostly like this on April 2nd, 2013?

I do.

Okay.

Let me ask you just a couple

of things.

If you see under item three and

under item six, there's the word redacted?

see it.

what I take.

April 2nd have the words "redacted" under items

three and six?

1-800-325-3376

Uh-huh (INDICATING AFFIRMATIVE).

I take it that the -- well, forget

Did the version that you got on

No.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 51
1
2

And where the word "redacted" now

appears, was there some additional text?

Yes.

Did the version that you received on

April 2nd have the word "confidential" on the

bottom of each of the two pages?

7
8
9
10

I don't think so.

I really don't

remember, but -Q.

Do you have a copy of that memorandum

with you?

Not with me.

Does your counsel have one?

Probably.

Would you take a look at the original

and just tell me if the word "confidential" was

on the bottom of page one or page two?

It is not.

How did you receive this letter?

It was in an envelope -- or excuse

me, in an envelope.

lunch that day, I had a late lunch, I don't

remember why, and got back in a little bit late,

later than normal, and it was in an envelope,

I think, in my chair in my office, just the

envelope.

1-800-325-3376

When I returned, I went to

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 52
1
2

Sitting on your chair or on your desk

somewhere?

Uh-huh (INDICATING AFFIRMATIVE).

Somewhere in your office?

I think it was in my -- I think it

6
7

was in my chair.
Q.

Are you familiar with the -- you're

familiar with the letter, I guess?

it, you read it on April 2nd?

10
11
12

You've seen

I read it, yes, when I returned from

lunch that afternoon.

And you had a discussion that

afternoon with Commissioner Carrington and

Commissioner Little-Brown about it?

I had a discussion, yes.

I had a

meeting that I was asked to attend that

afternoon.

With the two of them?

She was -- well, yes.

You were going to say she was

21
22
23

something?
A.

She was not there for the entire

meeting.

Oh.

She was in and out, and I don't

1-800-325-3376

Was she there at the beginning?

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 53
1

remember.

when she was -- but she was in and out.

3
4

I don't remember when she was in and

Was the purpose of the meeting to

discuss the contents of the letter?

That was my understanding.

And, in fact, was that what happened?

Yes.

Now, prior to receiving this letter,

9
10

had any of the commissioners raised with you any

of the issues contained in the letter?

Not that I can recall.

13
14

Let me look at this a moment. (PAUSE)

Do you know what the subject of item

six was?

Yes.

And do you think you can describe the

subject without revealing any legal advice

sought or given?

I would need to read it.

I just

don't remember, but we have -- if someone has a

copy, an unredacted copy, I'll be happy to read

it.

MR. LOWE:

MR. SMITH:

You want him to do that?

Is that what your

question is?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 54
1

MR. WILSON:

Well, yes.

If there's a

copy available to him that his counsel has,

then, yes, I would like him to read it, and then

the question will be if he thinks he can

describe the subject matter without revealing

any legal advice.

7
8

MR. LOWE:

Are you formulating your

objection, David, or can he answer.

9
10

So that's still a yes or no.

MR. SMITH:
wait, please.

Yeah, I'm retrieving --

(PAUSE)

Let me see yours -- I can't put my

hands on the one in my jacket.

question is?

MR. WILSON:

Thank you.

The

Whether he thinks that

he can describe the subject matter of item six

without revealing any privileged information.

MR. SMITH:

Yeah.

I do think that --

not intentionally, I know there was a different

phrasing in the question.

before did say legal advice.

concern here would be over an answer that gets

to any aspects of whether there is legal advice

or work product there, but he -- he can answer

that question, that one question.

1-800-325-3376

MR. WILSON:

I think the question

And the privilege

All I've asked is one

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 55
1

question, and it's a yes or no or I don't know.

MR. SMITH:

(Whereupon the question was

read.)

MR. SMITH:

answered.

Read the question again.

That question may be

Thank you.

Yes.

(BY MR. WILSON)

9
10
11

So without revealing

any legal advice, how would you describe the

subject of item number six?
A.

May I see it back?

MR. SMITH:

Rowan, my concern, and

I'm happy to have some dialogue about what the

right way to deal with this is, but that's a

county document.

fall within the scope of the third request for

production.

by August the 30th we'll provide a privilege log

about the documents being produced, and so

the -- you know, having this witness testify

about the -- what would be equivalent to

privilege log information that we would provide

in order to give a sufficient indication to

indicate why we're objecting, to have the

witness do that now is inconsistent with the

1-800-325-3376

It's a document that would

The agreement that we have is that

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 56
1

schedule we have established for articulating

these privilege objections to documents.

-- so until we reach the point in our document

production schedule where we're called on to

articulate privilege objections, I don't know of

anything that's more appropriate for me to do

than to assert privilege based on what I know so

far, and not have testimony where I've redacted

it based on privilege already.

And so

So with that --

with that -- I'll be glad to hear you if you

have a different idea about it.

MR. WILSON:

Well, it's certainly

news to me that if a non-party pursuant to a

subpoena produces a document you can object to

examination about it and instruct the witness

not to answer on the ground that you're going to

produce it later pursuant to the schedule.

I -- that's foreign to me.

witness produced this document --

20
21

MR. SMITH:

It seems to me the

I'm sorry, it's foreign

what?

MR. WILSON:

To me.

The witness

produced this document.

it on the schedule that we agreed to, but that

doesn't restrict in any way my ability -- the

1-800-325-3376

The county can produce

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 57
1

fact that we have a schedule doesn't restrict my

ability to ask the witness about it.

If you're objecting on the ground

that you don't believe anyone or this witness

can describe the subject matter without

revealing attorney/client information, you can

instruct him on that ground, but that has

nothing to do with any schedule we've

established.

MR. SMITH:

Well, without addressing

the last point, that would be my concern that

the witness could do that.

not going to instruct the witness at any time

today because I don't have that authority, but I

can assert the privilege as a concern that we

have over addressing these redacted parts of

this memo and we do that.

MR. WILSON:

MR. LOWE:

And therefore -- I'm

All right.
Can you restate your

question for us, please?

MR. WILSON:

Well, let me have the

question back to make sure that Mr. Smith is

going to assert that the county has a privilege

that would interfere with this answer, and then

I'll pose a question after that.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 58
1

(Whereupon, the question was read.)

MR. SMITH:

I'm asserting the

privilege objection to it.

MR. LOWE:

The question specifically

says don't reveal any privilege.

MR. WILSON:

It does, and the witness

has said he believes that he can, he's a pretty

experienced attorney, describe the subject

matter without revealing any privileged

information and that's what the Federal Rules

require one to do, but if the county's insisting

that -- I understand, Mr. Lowe, that you need to

protect your client and if the county is making

an objection, however unreasonable, the prudent

thing to do is to instruct your witness not to

answer.

MR. LOWE:

Thank you.

We'll have to

be prudent and direct him not to answer then,

although I also disagree with the validity of

the objection.

(BY MR. WILSON)

Do you recall

whether item six has anything to do with the

county bankruptcy?

I recall that.

And does it?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 59
1

No.

Do you recall whether item six has

anything to do with the resolution of

organization?

I -- no.

You don't recall whether it does or

you do recall and it doesn't have anything to do

with it?

The latter.

Do you recall whether item six

concerns an alleged performance deficiency on

your part?

I recall.

And does it?

No.

Do you recall whether item six,

In my judgment, no.

whether you discussed item six with

Commissioners Carrington and Little-Brown during

the meeting you had on April 2nd?

I do recall that I did.

Do you recall whether Commissioner

Carrington or Commissioner Little-Brown

indicated that they were mistaken, or

Commissioner Carrington was mistaken about

whatever he wrote concerning item number six.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 60
1
2

MR. SMITH:

I'm sorry, I need to hear

that again.

(Whereupon the question was

read.)

MR. SMITH:

I'm going to

have to confer for a second.

7
8

I'm sorry.

MR. WILSON:

We don't even know what

the subject of item six is.

(Whereupon, an off-the-record

discussion was had.)

MR. SMITH:

Well, the question

about -- of whether the commissioners said they

were mistaken in item six where item six is

redacted entirely, we object to that as invading

the privilege.

where we have redacted based on privilege

paragraph six, we think that this question

requires assertion of privilege.

I don't know the answer, but

MR. LOWE:

Just so I'm clear, you're

saying any answer he may give you regarding

questions about item number six would

necessarily involve privileged information and

therefore you object, so therefore I should

direct him not to answer?

you're saying.

1-800-325-3376

That sounds like what

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 61
1

MR. SMITH:

Well, I mean, I have to

leave directions to the witness to you

entirely.

MR. LOWE:

Right, but I want to make

sure you're saying any answer he gives with

regard to questions to number six you feel would

be -- would reveal privilege?

8
9

MR. SMITH:

No, I have already

allowed a couple of questions about six to be

answered, and so I'm trying to go one question

at a time and be as careful as I know how to

be.

asserting the privilege where we should, then I

know we'll hear that there's been a waiver and

-- at least assume that would be a part of what

course these issues run.

doing the best I know how to be selective and

exercise the best judgment I'm capable of.

that one question, yes, we'll assert the

privilege as to that potential response.

You know, the risk is on us if we aren't

MR. WILSON:

And so on the fly I'm

So to be clear, you're

going to assert that the county has a privilege

that prevents me from knowing, without knowing

what item six was, whether there was any

retraction during subsequent discussion about

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 62
1

item six, even though I don't know what it is?

MR. SMITH:

Well, I have to

acknowledge that that's an interesting question

and one that I can't say I'm not perplexed a

little by, but I can envision scenarios where

asking questions around and about it where the

essence of it, the heart of it is privileged

material, invades that -- you know, inevitably

provides that information.

I know to do on that one question.

11
12

MR. WILSON:

Okay.

MR. LOWE:

MR. WILSON:

MR. LOWE:

My hands are tied.

Yeah.

Understood.

I instruct him not to

answer.

17
18

So I assume there

is then an instruction?

So -- so that's what

MR. WILSON:
Q.

Understood.

(BY MR. WILSON)

When you received

the memorandum, April 2 memorandum, did anyone

tell you that it was -- contained

attorney/client privileged information?

No.

Did anyone tell you that it contained

24
25

attorney work product information?

1-800-325-3376

No.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 63
1

Did you have an understanding that

the April 2nd memorandum prepared by -- well,

sent by Mr. Carrington, authored by

Mr. Carrington, was prepared in anticipation of

litigation?

No.

During the conversation you had with

Commissioner Carrington and Commissioner

Little-Brown, did either of them tell you that

information in the April 2nd memorandum was

attorney/client privileged?

MR. SMITH:

Objection.

To the extent

that these questions -- I'm trying not to

intrude, I assure you, but where these questions

are did your client, Mr. Sewell's client, talk

to him about the privilege in a communication,

then -- which I acknowledge would be, you know,

often it's the lawyer who brings up the

privilege more than the client, but it could be

either way, that the questions about whether

they raised or asserted or invoked the privilege

for these conversations I think would be

privileged.

24
25

MR. WILSON:

All right.

So I take it

your -- I understand your objection is one of

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 64
1

privilege.

2
3

MR. SMITH:

And I mean it to refer

back to these last three or four questions.

MR. WILSON:

So that you don't want

me -- well, you believe I'm not entitled to

inquire as to whether anyone -- well,

Mr. Carrington or Mrs. Little-Brown said that

the memorandum was privileged?

MR. SMITH:

We want to be careful.

We'll confer about it.

MR. WILSON:

(Whereupon, a short recess was

had, 11:29 a.m. - 11:41 a.m.)

MR. SMITH:

Okay.

Could we have the

question read back?

(Whereupon, the question was read.)

MR. SMITH:

Object on privileged

discussions between the attorney and the client

about the privilege.

MR. WILSON:

MR. LOWE:

Okay.
Although that's not the

question that was asked, I'll direct you not to

answer out of an abundance of caution.

24
25

(BY MR. WILSON)

Mr. Sewell, did

anyone tell you that the April 2nd letter, that

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 65
1

you were expected to keep it confidential?

No.

When you went to the committee

hearing on April 12, did you feel free to

discuss its contents if you so chose?

Sure.

Up till yesterday, did you have any

reason to believe that the April 2nd memorandum

from Mr. Carrington was something that you

couldn't tell other people about?

11
12

MR. SMITH:

legal conclusion from the witness.

13
14

MR. WILSON:

MR. SMITH:

MR. LOWE:

I think that's just a

form objection.

Objection, calls for a

Yeah, it is.
It sounds like it.

wasn't a privilege objection, so you can answer.

Would you repeat it?

MR. LOWE:

I'm sorry?

THE WITNESS:

(Whereupon, the question was read.)

MR. LOWE:

Repeat it.

You can answer that.

No.

(BY MR. WILSON)

when you read the --

first read the April 2nd, 2013 memorandum, did

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 66
1

you understand that the -- Mr. Carrington was

seeking legal advice from you?

I did not understand that.

When you met with Mr. Carrington and

Mrs. Little-Brown that afternoon, April 2nd, did

you understand that they were seeking legal

advice from you in the course of your

discussion?

MR. SMITH:

Objection.

And the

question, by seeking legal advice, do you mean

to include covering privileged matters?

12
13
14

MR. WILSON:

No, I think I've asked

something different.
Q.

(BY MR. WILSON)

Did you understand

that the purpose of them having a conversation

with you was to seek legal advice?

I'm -- that's a yes or no answer?

MR. SMITH:

I just have to note on

the record that if the conversation involved

matters that are privileged, then the privilege

objection is still properly asserted whether the

purpose was to seek legal advice or not if there

is a privileged matter being -- that is the

subject.

1-800-325-3376

MR. WILSON:

I think you're

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 67
1

addressing a question I haven't asked.

MR. SMITH:

Well, I'm -- you know,

the deposition is something that I would like to

have addressed more in advance.

I've been working on your document production,

I'm doing the best that I'm capable of of

hearing questions for the first time and making

judgments about privilege.

obstruct.

I've got --

I'm not trying to

I -- I would like to see this

finished as well, but I've got the

responsibility to assert the privilege where it

may apply because I would be irresponsible if I

didn't.

MR. WILSON:

Okay.

But I still don't

understand whether as to this question you were

doing so or not.

MR. SMITH:

MR. WILSON:

Well -You just need to say the

word privilege, and then we know what Mr. Lowe

will do, or don't say it and then we know what

he'll do.

MR. SMITH:

Well, we can do it that

way.

I've been trying to articulate some

grounds because it seemed more appropriate to

allow you to fashion a different question, but,

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 68
1

no, I can just start saying privilege.

MR. WILSON:

No, that isn't exactly

my point.

so far with regard to this question, I don't

actually know which -- what you're saying.

6
7

It's that whatever it is you've said

MR. SMITH:

I'm objecting -- I'm

sorry.

MR. WILSON:

MR. SMITH:

Go ahead.
No, no.

Sorry.

What I'm doing

my best to do is object by asserting the

privilege where the phrase "seeking legal

advice" has potential ambiguity and where other

elements of privilege, like work product or

references to privileged communications that are

provided in a document between the client and

the lawyer may be protected.

I haven't heard the questions before, I'm

hearing them now and I'm doing my best to --

MR. WILSON:

MR. SMITH:

MR. WILSON:

22
23

And so, you know,

That's what lawyers do.

I know.
All right.

Let me try a

different question.
Q.

(BY MR. WILSON)

What did you

understand was the purpose of your meeting with

Mr. Carrington and Mrs. Little-Brown?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 69
1
2

MR. SMITH:

I'm sorry, what was the

purpose of what?

MR. WILSON:

was the purpose of meeting them.

MR. SMITH:

MR. WILSON:

MR. SMITH:

8
9
10

What did he understand

Meeting?
Yeah.
No objection.

To discuss the items in the April 2nd

letter from Carrington to me.

(BY MR. WILSON)

Did you understand

that there was any other purpose going into the

meeting?

No.

Was there discussion about anything

other than the items in the memo during the

course of your conversation with Commissioners

Carrington and Little-Brown?

Probably.

Was there any discussion with them

that concerned issues other than alleged

performance deficiencies?

Yes.

Were those other issues not mentioned

24
25

in the April 2nd memo?

1-800-325-3376

They were not.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 70
1
2

issues you discussed?

3
4

MR. SMITH:

Objection to the extent

that response provides privileged information.

5
6

Can you describe generally the other

MR. LOWE:

You'll have to use your

judgment on that one.

I can describe them.

And I don't --

they don't -- I don't recall that any of the

county's litigation or legal advice or legal

strategy.

about various things and unrelated to my job

performance, unrelated to this memo and

unrelated to the county's legal issues.

15
16

It was more a personal discussion

(BY MR. WILSON)

That's fine.

We can

leave it at that.

During your discussion with

Commissioners Little-Brown and Carrington, did

either of them tell you that you should keep

confidential what you had discussed?

That's a yes or no question?

That's a yes or no.

MR. SMITH:

No objection.

No.

BY MR. WILSON)

1-800-325-3376

Now, after April 2nd,

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 71
1

were you at some point placed on administrative

leave?

Yes.

Do you recall when that happened?

The morning of April the 8th.

And did you receive a written

notification?

9
10

MR. WILSON:

MR. ADELSTEIN:

MR. WILSON:

It's a single page.

Let

me identify it, Jay.

MR. ADELSTEIN:

MR. WILSON:

How many pages is

that exhibit?

13
14

I'm going to mark as

Sewell Exhibit 3 --

11
12

I did.

I think I have it.

Well, that's not going

to help me.

It's a single-page letter from David

Carrington to Jeff Sewell dated April 8, 2013.

(Whereupon, Sewell Exhibit 3 was

marked for identification, a copy of

which is attached hereto.)

(BY MR. WILSON)

Let me show you

what's been marked as Exhibit 3.

recognize that document?

1-800-325-3376

And do you

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 72
1

I do.

What is it?

It is a letter or memo -- letter, I

guess, from David Carrington to me dated April

the 8th, 2013, subject, administrative leave

with pay.

When did you receive this?

Approximately probably 8:45 that

morning.

Under what circumstance?

As I was stepping out of my vehicle

in the secure parking area under the county

courthouse I was met by the county's HR

director, human resources director, Demetrius

Taylor, and an armed security guard, and she

handed me the -- this letter.

She, Ms. Taylor?

Yes.

Do you know who the armed security

guard was?

county.

24
25

I do.

Long-term employee of the

And he's employed as a security

guard?
A.

1-800-325-3376

I think he still is, I --

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 73
1

Well, he was at the time?

He was at the time, he was in uniform

with a gun.

4
5

Do you think that was an appropriate

way to put you on administrative leave?

No.

Do you pose any security threat to

the county?

I don't think so.

And at the time you didn't think you

No.

Were you taken aback?

Yes.

If you look at Exhibit 3, it starts

did?

out, in my capacity as your appointing authority

I'm placing you on administrative leave with pay

effective immediately until further notice.

19
20
21
22
23

Was Commissioner Carrington your

appointing authority?
A.

Depends on what source of law you

look at.
Q.

If you look at the resolution of

organization dated November 10th, 2010, is

Commissioner Carrington your appointing

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 74
1
2

authority?
A.

Under that document, that document

designated him, I believe, and I would need to

refresh myself on that, because I think that

document in one of its forms designated me as

appointing authority.

look at that, but I'm not certain under Alabama

law, a single commissioner would be an

appointing authority over the county attorney,

10
11

I need to go back and

despite what a resolution might say.

Do you recall whether the resolution

of organization dated November 10th, 2010 says

that the county attorney shall report to the

county commission as a whole?

15
16
17

I do recall that.

That would be

consistent with Alabama law.

When you were placed on

administrative leave on April the 8th, did you

have any question in your own mind about the

validity of Commissioner Carrington's action?

I did.

And did you express that to the

commission during the committee meeting on April

12th, 2013?

1-800-325-3376

Yes.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 75
1

Did Ms. Taylor, when she gave you the

letter that's been marked as Exhibit 3, tell you

that it was confidential?

I do not believe so, no.

And when you received it, did you

believe you were free to disclose it as you saw

fit?

Yes.

During the -- during your discussion

with Commissioners Carrington and Little-Brown

on April 2nd, do you recall there being any

discussion about the bankruptcy?

Indirectly, yes.

Briefly.

Do you recall whether that discussion

concerned any suggestion that you had not

performed your duties in an acceptable manner?

No.
MR. SMITH:

Objection.

Assert

privilege on any discussion between you and your

client about the bankruptcy proceedings.

MR. WILSON:

MR. LOWE:

He had already answered,

so if he wants to move to strike it later --

24
25

All right.

MR. SMITH:

He had answered?

I didn't hear what he said.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 76
1

MR. LOWE:

THE WITNESS:

Yes.

actually.

MR. WILSON:

MR. LOWE:

better than he can.

I thought I said no,

He said no.
Yeah, I can't hear any

(BY MR. WILSON)

When you look back

at Exhibit 3, the April 8th letter, were you

expecting it or were you expecting to be placed

on administrative leave with pay when you

arrived at work?

Absolutely not.

When you received and read the

letter, did you have any understanding of why

you were being placed on administrative leave

with pay?

No.

When you received and read the

letter, did you have any understanding that it

related to the bankruptcy in any way?

No.

At some point, did you come to

understand that Commissioner Carrington believed

that the basis for placing you on administrative

leave with pay was related to the bankruptcy?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

All right.

I don't have an understanding, I have

Correct.
And in itself the

question is one thing if the answer involves

privileged information.

MR. LOWE:

We can only listen.

And I trust that if he

unintentionally reveals something you will alert

us to that and move to strike or whatever.

my understanding that this deposition is subject

to a confidentiality agreement anyway, so

nothing should leave this room.

answer that question without knowingly revealing

some privileged -- attorney/client privileged

information or work product, or anything of that

nature, then you can answer it.

1-800-325-3376

All right.

It's

So if you can

You had originally asked

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 79
1

me if I had an understanding and I -- no one has

expressed to me why I was placed on leave with

pay, but the theory that I have is fairly

obvious that it was that placing me on leave

with pay was a -- was a reaction to the April

2nd memo.

(BY MR. WILSON)

Do you recall at the

April 12, 2013 county commission administrative

services committee meeting that you attended,

Commissioner Carrington stated that you were

placed on administrative leave with pay because

a majority of the commissioners felt he had not

acted in the best interests of his client, the

county, in bankruptcy settlement negotiations

with our creditors?

I don't -- that was a multi-hour

meeting.

I don't recall those exact words.

not saying he didn't say that, I just don't

recall it.

I'm

or not?

Not really.

Not really?

I'm not saying that it wasn't said, I

Do you recall anything to that effect

just don't remember.

1-800-325-3376

That was a long meeting.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 80
1

Right, right.

Prior to the April

12th, 2013 meeting, had any of the commissioners

told you that they felt you had not acted in the

best interests of the county in the bankruptcy

settlement negotiations?

No.

Do you recall Commissioner Carrington

saying at that April 12th meeting that on

December 11th, 2012, during the first afternoon

of an intense three-day negotiating session with

a significant number of our creditors in New

York City, Mr. Sewell instructed our outside

counsel to stop negotiations, even though

Commissioner Stephens and I were present and

actively involved and some progress was being

made?

effect.

I recall him saying words to that

Let me see if we can play you

something again from the audio recording of that

committee meeting, see if you can identify the

speaker.

(PLAYING RECORDING)

On December the 11th, 2012, during

the first afternoon of an intense three-day

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 81
1

negotiation session with a significant number of

our creditors in New York City, Mr. Sewell

instructed our outside counsel to stop

negotiations, even though Commissioner Stephens

and I were present and actively involved and

some progress was being made.

outside counsel convinced Mr. Sewell later that

evening that his instructions were not in the

best interests of the county and the

Fortunately our

negotiations proceeded for the next few days.

(RECORDING STOPPED.)

Can you identify that speaker?

That's David Carrington.

Now, when representatives of the

county traveled to New York City in connection

with the bankruptcy, did they fly in private or

chartered planes or in commercial planes?

I can only answer that with my own

experience, and my own experience would be in a

commercial airliner.

I don't know how -- you

know, I don't know.

I have an assumption they

traveled in commercial airliners, but I don't --

I don't know that.

24
25

Okay.

Do you know in late 2012, how

many nonstop commercial flights there are from

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 82
1

Birmingham to New York City?

I don't have any judgment of that.

What time of day they leave, when

they arrive?

No, I don't know.

Okay.

I just don't know.

Now, if I tell you that

Commissioner Stephens, on December 11th, 2012,

was testifying in front of Judge Smith, do you

know of any way he could get to New York City on

10
11
12
13

a commercial airline by that afternoon?

He was not in New York City.

No,

there's no way.
Q.

So you think Mr. Carrington is

mistaken when he says that on December 11th

Commissioner Stephens and he were in New York

City negotiating about the bankruptcy?

Yes.

Do you remember an incident at all

like the one that Mr. Carrington described that

you instructed cessation of negotiations?

I would not characterize my

instruction as a cessation of negotiations.

I have memories of -- of giving instructions

to the outside counsel for sure.

1-800-325-3376

While commissioners were present

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 83
1

negotiating?

Sure.

Oh, absolutely.

In some of

those negotiations I was present and there would

be times that I would, you know, instruct or ask

or -- certainly.

And you viewed that as part of your

Absolutely.

And you think you had obligations

job?

under the Rules of Professional Conduct to do

so?

Yes.

And you were using your best judgment

14
15

when you did so?

16
17
18

Yes.
MR. SMITH:

Objection to leading.

(BY MR. WILSON)

Were you using your

best judgment when doing so?

I was trying to.

How much time elapsed between the

time you sent the April 2 memo that you and

Mr. Lawson and lawyers from Maynard Cooper

authored, sent it to the commission and the time

when you received the performance deficiencies

from Mr. Carrington?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 84
1
2

MR. SMITH:

Objection to the

foundation of the question.

Six hours.

(BY MR. WILSON)

You may answer.

How was the -- how

was the April 2nd memo that you co-authored

transmitted to the commission?

The same way all other memos that I

send to the commission, of which there are many,

would be delivered by my former secretary, Hope

Cockrell.

She would have taken it around in an

envelope and put it in each commissioner's

office, or probably in their hands, is what they

preferred.

So it was received in paper form?

Yes, and in their hand.

And I think you testified that the

performance deficiencies memo that you received

was sitting on your desk or chair when you

returned from lunch?

20
21
22

It was about two o'clock that

afternoon.
Q.

It was a late lunch.

Now, do you recall telling the

commissioners at the committee hearing on April

12th that at the end of your meeting with

Commissioner Carrington and Commissioner

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 85
1

Little-Brown, Commissioner Carrington said he

wanted to think about your request that he

withdraw the memorandum he had written?

4
5

He wanted to -- he wanted to -- well,

I'll pause for an objection here.

MR. SMITH:

I'm sorry.

The question

was does he recall what Commissioner Carrington

said in the open hearing?

MR. WILSON:

MR. SMITH:

MR. WILSON:

No.
No?
No.

I'm not asking

about anything Commissioner Carrington said

directly.

(BY MR. WILSON)

Do you recall that

at the open hearing you said that at the

conclusion of the meeting on April 2nd with

Commissioners Carrington and Little-Brown when

you asked Commissioner Carrington to withdraw

the April 2nd memorandum that he had written

about your performance deficiencies, he said he

wanted to sleep on it?

22
23
24
25

I do recall words to that effect,

And did that in fact happen?

yes.
Did

Mr. Carrington at the end of the meeting on the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 86
1

2nd of April say he wanted to sleep on your

request to withdraw the performance deficiencies

memo?

4
5
6
7
8

MR. LOWE:
A.

He did.

You can answer that.

It was not -- it was not

just my request.
Q.

(BY MR. WILSON)

It was who else's

request?

The other person in the room.

Commissioner Little-Brown?

Yes.

You also -- do you recall telling the

committee that you had prepared a written

response?

I think I recall that.

Do you still have a copy of the

17
18
19
20
21

written response?
A.

That I don't know.

I don't have it

with me.
Q.

Did you ever share the written

response with anyone?

I don't think so.

When you made remarks to the

committee, were you reading in part from the

written response?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 87
1

No, I was not.

The written -- I did

draft a written response but I was never able to

deliver it.

That was my -- I had said I would wait till

April the 8th, but I never got in the building

that day.

7
8

I was waiting until April the 8th.

Where did you prepare the written

response?

On a laptop.

In your office?

No.

office.

don't -- I really don't remember.

you know, if I did it at my office I'm sure that

it can be retrieved from the county.

don't remember, but I probably would have done

that at home.

I don't have a laptop in my

I think I prepared it at home.

I may have --

I really

At the April 12th, 2013 committee

meeting, do you recall Commissioner Bowman

saying words to the effect of every question I

have ever had from Mr. Sewell, he was

forthright, frank and honest with me in

everything he told me.

occasion where he told me something misleading

or wrong.

1-800-325-3376

I have never had an

I trust him in his judgment.

He has

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 88
1

had 25 years' worth of unblemished service to

this governmental body?

I recall words to that effect, yes.

Now, during that meeting on April

12th, 2013, what action did the administrative

services committee take?

I believe that there was a vote

taken, a committee vote taken, on a resolution

that I don't recall if there was a written

resolution or a verbal resolution, to terminate

my employment.

four-to-one vote to do so.

I think the vote was a

And do you recall who the one was?

Bowman.

At some point were you given the

chance to retire instead of being terminated?

17
18

A.
that way.

19
20
21

I was -- I wouldn't characterize it

Tell me how you would characterize

Well, it was an involuntary

it.

retirement, it was no choice.

any choice at all.

separated, there was no -- it's like a choice

between, you know, bullet in the head or knife

1-800-325-3376

I was not given

It was I was going to be

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 89
1
2
3

in the throat.
Q.

I shouldn't ask which one you picked,

I guess.

If you had -- was there something to

which you agreed that ended up avoiding a full

commission vote?

That day there was no written

agreement.

I think that day the -- well, I

think it was determined, let's just say, that

there needed to be a written agreement which

would take some time to prepare, couldn't be

done that quickly.

13
14

Ultimately a written agreement was

prepared?

Yes.

And that is one of the three

documents you produced?

Yes.

And did anyone tell you that you were

to keep that written agreement confidential?

No.

Is there, to your knowledge, a

confidentiality provision in it?

There is not.

Do you feel free to share it as you

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 90
1
2

see fit?
A.

Sure.
MR. SMITH:

I should say that to the

extent the agreement contains a commitment on

privilege, privilege is a kind of

confidentiality, and so I would note that for

the record.

8
9

(BY MR. WILSON)

be clear.

All right.

Let me

I was asking about whether you, as to

the document itself, you believe that document

is something that you must maintain in

confidence.

I believe it would be unlawful for me

to try to maintain it in confidence.

public record.

It's

Now, when you took over as county

attorney, were you aware that there was a

consent decree in place resulting in the U.S. V.

Jefferson County litigation?

Yes.

That the county was a party to?

Yes.

And you were aware there was -- this

was in late 2008, that there was an impending

trial on a motion for contempt?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 91
1

I don't recall.

I don't remember

when the contempt proceedings got underway, when

the first motion, I just don't have any memory

of that, or that I wasn't aware, but I certainly

was aware of the consent decree.

You understood the consent decree was

an order of the court?

Yes.

Do you believe you have a

professional obligation to give advice to your

client, even if it is advice that your client

might not want to hear?

Yes.

Do you think you have any special

obligations in view of the fact that your client

when you were county attorney was an

organization rather than an individual?

Yes.

And do the Alabama Rules of

Professional Conduct address that?

They do.

And did you raise that with the

administrative services committee on the 12th of

April, 2013?

I did.

Did you quote from Professional Rule

of Conduct 1.13?

I believe so.

And the advisory committee?

I believe I did.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 93
1

Do you remember telling them

something to the effect of that the rule --

rules comment reads, in a matter involving the

conduct of government officials a government

lawyer may have the authority to question such

conduct more extensively than that of a lawyer

for a private organization in a similar

circumstance?

Yes.

And do you recall telling the county

commissioners on April 12th, 2013 that it was

your job to notify you if I think any of you are

drifting away from following the law or if a

county document needs to be changed, and I do

believe it needs to be changed?

I recall that.

What document were you talking about

when you said I do believe it needs to be

changed?

20
21
22

The document that was changed last

week, the resolution of organization.

When you say it was changed last

week, your understanding is the county adopted a

new resolution of organization?

1-800-325-3376

Yeah.

I have not read it, but I read

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 94
1

a newspaper article that it had occurred last

week -- I believe it was last week.

3
4

Is that new resolution of

Do we have an objection to

that?

MR. SMITH:

Yeah.

Are you about to

be on this for a minute, resolution, that

process?

MR. WILSON:

MR. SMITH:

I don't know.
All right.

Without a

clear answer, then, I'd like to talk, I'd like

to confer for a minute about --

MR. WILSON:

(Whereupon, a short recess was

1-800-325-3376

Sure.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 95
1

had, 12:18 p.m. - 12:32 p.m.)

MR. SMITH:

Can you -- was there a

question that was at the very end?

(Whereupon the question was

read.)

MR. SMITH:

The beginning of that was

and in your April 2nd memorandum you were

proposing?

(Whereupon, the question was read.)

10
11

MR. SMITH:
privilege.

12
13

We object and assert

MR. LOWE:

Then I must direct him not

to answer.

MR. WILSON:

MR. SMITH:

Okay.
This is the April 2nd

memo that we've been talking about.

more than one April 2nd memo; right?

18
19

MR. WILSON:

MR. SMITH:

MR. WILSON:

That's the one we're

talking about.

24
25

Yes, and that's the

one --

22
23

There's only one that he

authored.

20
21

There is

MR. SMITH:
Q.

1-800-325-3376

All right.

(BY MR. WILSON)

So --

Do you recall at the

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 96
1

April 12 committee meeting telling the

commissioners, I can't violate Alabama law

because one commissioner tells me who I can't

talk to and we can't have a situation where one

commissioner is trying to control information to

the four of you and control your access to the

county's lawyers?

Yes, I recall that.

Who is the one commissioner you were

talking about?

Carrington.

Did you also tell the commissioners

that you believe that in 1997 when the

commission was voting on the sewer debt, that

you believed that several of them didn't know

what they were voting on?

Yes.

And do you recall telling them at the

April 12th meeting that you believed that when

the commissioners were voting in 2002, 2003 on

the refinancing of the sewer debt, that several

of them didn't know what they were voting on?

Yes.

And particular commissioners that you

called out by name were ones who had ended up

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 97
1

convicted of felonies?

Some of them.

And did you say at the April 12th,

2013 meeting with reference to the memo that you

wrote on April 2nd that you were determined you

were not going to see that mistake made again?

I believe that I said that.

Do you think there is any connection

between the Martin-Bryant plaintiffs' noticing

of your deposition and the recent amendment to

the resolution of organization?

MR. LOWE:

Does that ask him to

speculate as to what your intentions were in

noticing his deposition?

MR. WILSON:

MR. LOWE:

I'm sorry.

What --

I'm not real clear on

that.

18
19

No.

MR. WILSON:
Q.

Sure.

(BY MR. WILSON)

Do you have any --

do you have any view as to whether the fact of

the receipt of notice for your deposition

influenced the county in its decision to adopt a

new resolution of organization?

MR. SMITH:

speculation.

1-800-325-3376

Objection, calls for

And if it involves privilege, then

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 98
1

I have an objection, but I don't know.

2
3

MR. WILSON:

Well, I think the notice

came after his termination.

MR. LOWE:

Yeah, it is asking him to

speculate, but he can speculate.

MR. WILSON:

objection, so --

8
9

Well, it's a form

MR. LOWE:

I mean, it's a form

objection, you're correct.

I have such a speculation, yes.

(BY MR. WILSON)

to you?

When did that occur

When I learned of the effort to go

and -- to amend the resolution of organization,

I think I heard of it in the media, yeah, that

occurred to me.

Sometime in the last couple of weeks?

Yeah.

Now, thinking back over your

testimony today, is there anything as to which

you've testified that you would not like to have

in the public record?

23
24

Let me talk to Clay about that for a

moment if I may.

1-800-325-3376

MR. WILSON:

Of course.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

No, no, I'm not asking

about legally, just his own personal --

14
15

Not like.

improper or confidential?

12
13

That he would like or that

is --

Okay.

MR. LOWE:

Just his own personal

belief?

MR. WILSON:

Yes.

Is there anything

here that you would say to yourself, gee, if I

could avoid having this filed in federal court,

that would be better for me?

THE WITNESS:

(Whereupon, a short recess was

had, 12:36 p.m. - 12:40 p.m.)

THE WITNESS:

Give me just a minute.

Could you repeat the

question one more time?

1-800-325-3376

MR. WILSON:

Sure, sure.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 100
1

(BY MR. WILSON)

Thinking about your

testimony today, is there any portion of it that

you would prefer not be available to the public

by way of a file in Federal Court?

No.

Let me go back to ask you for a

moment about the April 2, 2013 performance

deficiencies memorandum.

MR. LOWE:

valid?

Exhibit 2.

(BY MR. WILSON)

I think it's Exhibit

Do you believe any of these criticisms is

No.

Did you tell Commissioner Carrington

and Commissioner Little-Brown that?

I did.

And did you ask Commissioner

Carrington to withdraw this?

I did.

And did Commissioner Little-Brown ask

21
22

the same thing?

23
24

She did.
MR. WILSON:

I have nothing further.

Thank you for your time.

1-800-325-3376

THE WITNESS:

You're welcome.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 101
1
2

MR. WILSON:
United States has any.

3
4

I don't know if the

MR. ADELSTEIN:

The United States

does not have any questions.

MR. SMITH:

We're going to have a lot

of questions and we'd like to talk about what --

what is best for doing that efficiently.

suggest we take a lunch break and if there is a

preferred idea, I'm happy to talk about it.

10
11

MR. WILSON:

That's -- I have nothing

to say.

12
13

MR. SMITH:

You have -- does that

mean you don't have any problem with that?

MR. WILSON:

I'm here, the deposition

has been noticed, you have a right to

cross-examine and everybody's probably hungry,

but it's not my witness.

stay for your questions or I can leave.

MR. SMITH:

MR. LOWE:

MR. SMITH:

My option is I can

Indeed.
Do we have that option?
Well, in any event, if

it's reasonable, how about taking an hour and be

back at a quarter till?

MR. WILSON:

MR. LOWE:

1-800-325-3376

Is that okay?
Okay here.

I don't think we have any

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 102
1

choice.

MR. MURRILL:

There will be no

questions for the sheriff's office.

MR. ADELSTEIN:

Could you repeat what

time you would like to reconvene?

MR. LOWE:

MR. SMITH:

(Whereupon, a lunch recess was

had, 12:42 p.m. - 1:46 p.m.)

1:45 Central.

MR. SMITH:

Thanks.

Thank you very much for

the break, and I'll start with my questions.

Initially let me say -- and I will

refer to you as Mr. Sewell -- that based on this

morning's testimony I've reviewed what I intend

to cover and I'm going to try to make my best

judgment about what to cover.

intention to elicit any privileged information

from you, so if you would, please, remember your

independent responsibility, and if there is a

question that would draw privileged information

out I'd ask that you raise this issue and we

will revolve it as best we can before you

answer.

24
25

1-800-325-3376

It's not my

Is that okay?
THE WITNESS:

Yes.

EXAMINATION

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 103
1

BY MR. SMITH:

While you worked for Jefferson

County, the county was at all times the client

in your attorney/client relationship; is that

right?

MR. LOWE:

Well, that's vague and

overbroad.

client, what are you talking about?

9
10
11
12

The only client, the client, a

MR. SMITH:

I think I said it was

always the client.

(BY MR. SMITH)

It was the client,

wasn't it?

It was a client.

Okay.

The general retirement system, the

And who were the others?

county, the election commission, probate judges,

tax collectors, tax assessors, coroners.

18
19

MR. LOWE:

And those are just what he

recalls at the moment.

Right.

(BY MR. SMITH)

But as between -- in

terms of your work for the county, the Jefferson

County Commission was the voice of the county as

your client; is that right?

1-800-325-3376

Not necessarily.

The Jefferson

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 104
1

County Commission is the governing body of the

county.

And --

But you have -- today you have county

managers, you have other -- you have department

heads, you have other elected officials.

don't think it's as simple as --

8
9

MR. LOWE:

Yeah.

I think we could

term that as a legal question, too, although

he's certainly qualified to answer legal

questions perhaps.

situation?

and I think we both know that the entity itself

is the client, not the individual or collective

commission.

But who's the client in that

That's a legal question and it --

(BY MR. SMITH)

Throughout your time

at the county, Jefferson County was your

employer; is that right?

Yes.

And your service in the capacity of

county attorney only existed by virtue of that

employment as an employee there; is that right?

23
24
25

A.
question.
Q.

1-800-325-3376

I don't think I understand your

I mean -Were you ever hired as outside

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 105
1

counsel?

By Jefferson County?

By Jefferson County.

No.

So all of your service as an attorney

of Jefferson County was in the capacity as an

employee; is that right?

8
9
10
11
12

I think that would be right -- as

opposed to a contractor?
Q.

As opposed to outside counsel or

non-employees?
A.

Yeah.

That would be -- I think so.

MR. SMITH:

THE REPORTER:

continue the numbering?

16
17

MR. SMITH:

Mark that as an exhibit.

Do you want to

No, I'll make that County

1, if that's okay.

(Whereupon, County Exhibit 1 was

marked for identification, a copy of

which is attached hereto.)

(BY MR. SMITH)

Is this the

resolution of organization that was in place in

Jefferson County from November 10th, 2010 until

July 25th of this year?

1-800-325-3376

It appears to be.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 106
1

And what are the provisions that

establish your position or your place in the

organization?

I'm sorry, repeat that.

What part of the resolution provides

6
7

for your place in the organization?

Paragraph -- excuse me, page four,

midway down the page has the sentence, the

at-will county attorney shall report to the

commission as a whole.

referring to?

Is that what you're

Well, that's what I see as a

provision that has you placed in the

organization.

meaning the county attorney?

16
17
18
19
20

Are there any others -- you

Well, I'm not the county attorney

anymore, but -Q.

No, I -- my questions relate to when

you were.
A.

The -- I think the term county

attorney is mentioned in several other places in

that document.

read the document?

24
25

I have not sat -- you want me to

Do you agree that you were an at-will

employee?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 107
1

Of Jefferson County?

Of Jefferson County.

Yes.

And is there any provision in the

resolution of organization -- strike that.

Is the president of the commission

the appointing authority of the legal

department?

This document suggests that the

answer to that question would be yes, would

serve as an appointing authority over the county

attorney's office.

13
14

And when this document was approved,

you were the county attorney?

Yes.

I believe there were questions asked

earlier about an issue of your compensation in

October, November 2012.

asked about that?

Do you remember being

I do.

And my memory of your testimony, and

to some extent my notes, were that Commissioner

Carrington made a statement quoted in the media

that was favorable toward your contribution to

the county.

1-800-325-3376

Is that an accurate paraphrase?

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 108
1

I think so.

Let me give you what I've marked as

County 2.

you.

And I don't mean to throw that at

That's okay.

MR. ADELSTEIN:

Excuse me, could you

tell me how many pages it is and what the title

of the document is?

(Whereupon, County Exhibit 2 was

marked for identification, a copy of

which is attached hereto.)

12
13

(BY MR. SMITH)

You've got County

Exhibit 2 there?

Yes.

Is that a newspaper article from

AL.com, October 18?

MR. LOWE:

Are you asking him to

authenticate an AL.com article or comment on the

hearsay contained therein, or where are we going

with this?

MR. SMITH:

Well, it's similar to

Sewell 1, which was, you know, an article from

AL.com.

it.

1-800-325-3376

So I'm not asking him to authenticate

MR. LOWE:

Okay.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 109
1
2

(BY MR. SMITH)

Did you read this

article?

Probably.

And as I understood earlier, you read

some of the media coverage at that time because

you were familiar with Mr. Carrington's

statement?

8
9
10

Well, I was -- I was in the meeting

present when the statement was made.

And so was this a topic at the county

courthouse in the legal department, your -- your

demand for a pay increase in October of 2012?

MR. WILSON:

MR. LOWE:

Objection, form.
Yeah, same objection.

It's also vague.

Is this a topic in

the legal department or -- I'm unclear as to

where exactly this was a topic.

about with the commission, the county in

general, the legal department, if you can be

more specific?

21
22

You talking

Sure, let me try to ask a better

question.

MR. ADELSTEIN:

Could I also

interject, could you give the date, October

18th, what year, and possibly the style of the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 110
1

article so I can access it?

MR. SMITH:

Sure.

It's October the

18th of 2012, AL.com, the article's title is

"Jefferson County's top lawyer who makes

$375,000 could leave in dispute over pay raise."

6
7

MR. ADELSTEIN:

Thank you.

(BY MR. SMITH)

Now, when we look at

the article there has been some reference to --

there is reference, I'll read from it.

It says,

it is unclear when Sewell might leave, but boxes

in his office were packed this week and his desk

was clean.

dispute were expected to continue through next

week.

However, talks to resolve the pay

My question to you is do you regard

this as a cordial circumstance between you and

the commission, or would you regard it as more

of a controversy?

MR. LOWE:

Well, what circumstance

are you talking about?

office?

22
23

That's what you read.

MR. SMITH:

Yes, having boxed up his

office over a pay increase demand.

24
25

Having boxes in his

MR. LOWE:

That may not be his

interpretation of why there were boxes packed up

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 111
1

in his office.

something some reporter gleaned from a

conversation apparently with someone other than

Mr. Sewell.

the question?

You're asking him to comment on

(BY MR. SMITH)

Okay.

Can you answer

I don't regard it as cordial or

confrontational.

office for 25 years, in the hallway, everywhere,

10
11

I've had boxes packed in my

just like your office.

I'm sure there were boxes somewhere,

but -- but is it correct that you situated your

office to vacate it?

No.

That it was packed up?

No, no.

17
18

If I had intended to vacate

my office, it would have been vacated.

Well, I didn't ask if you intended to

vacate, I was asking whether it was situated so

that you would be able to vacate it if you

didn't get the pay increase you were demanding.

22
23

MR. WILSON:
A.

Objection.

I don't really follow your question.

If I wanted to leave the county, I could have

left any day.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 112
1

I know that, but was your boxing up

of your office unique on this occasion compared

to the routine existence or presence of boxes in

the office?

5
6

MR. WILSON:
A.

No.

Objection to form.

The office was cleaned up.

Everyone in the office cleaned the office up.

It was a mess.

(BY MR. SMITH)

Okay.

So the media

coverage about your having packed this week and

your desk clean, the coverage indicating that

that was a standoff about your leaving is

inaccurate?

It is greatly exaggerated, yeah.

And so to what extent is it true?

I don't recall ever making a demand

or threatening to quit.

That is not at all

correct.

know, a media report of something that is

sensationalized or exaggerated.

will notice in the article that I've declined to

comment.

It's not uncommon to have a -- you

You will -- you

(Whereupon, County Exhibit 3 was

marked for identification, a copy of

which is attached hereto.)

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 113
1

Let me show you what I'm marking as

County Exhibit 3.

you were familiar with when it was issued?

Is this press coverage that

MR. LOWE:

vague question.

more specific.

Still, that's sort of a

Did you read this article is

MR. SMITH:

And for Jay's benefit, with my

Yeah, sure.

apology, this is an article of October 19, 2012,

and the title is -- it's an AL.com article and

the title is "County Attorney's timing In

Demanding a raise couldn't be worse, but not as

bad as Kenneth Klee trying to stop the story."

14
15
16

MR. ADELSTEIN:

Thank you.

(BY MR. SMITH)

Did you read this

article on or about the day it was issued?

I don't know.

As you look at it now, are you

familiar with it as an article from that time

period?

Honestly I don't remember it, but I

don't -- there is -- as you know, as you're

learning, there is something in the paper about

Jefferson County every day all day.

read all of them.

1-800-325-3376

I don't

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 114
1
2

And is this story related to your

demand for a pay increase?

MR. LOWE:

MR. WILSON:

MR. LOWE:

Object to form.
Objection to form.
He said he didn't demand a

pay increase.

I don't think I demanded anything.

(BY MR. SMITH)

9
10

Did you request a pay

increase?
A.

I requested an increase for everyone

in the county attorney's office that would be

compliant with the county's own resolutions that

set the pay scales for everyone in the office,

including myself, but there was no demand or

threat or --

17
18

Did your negotiation about that

include discussion about leaving?

Not that I recall.

(Whereupon, County Exhibit 4 was

marked for identification, a copy of

which is attached hereto.)

22
23

Let me show you what

I'm marking as County Exhibit 4.

24
25

(BY MR. SMITH)

MR. SMITH:

Jay, County Exhibit 4 is

an AL.com article dated October 23, 2012.

1-800-325-3376

The

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 115
1

title is "Give Jefferson County lawyer Jeff

Sewell what he's asking for, a kick in the

pants."

4
5

MR. ADELSTEIN:

Thank you.

(BY MR. SMITH)

Mr. Sewell, do you

recall reading this article on or about the date

when it was issued?

8
9
10

I do recall reading this article.

don't remember when, but I recall reading it.

And outside the commission, did you

receive criticism from members of the public

about your request for a pay increase to go from

three seventy-five to -- to something over four

hundred thousand?

MR. LOWE:

MR. WILSON:

MR. LOWE:

MR. SMITH:

MR. LOWE:

Criticism from the

Yes.
Personally?

Did they call

him, write him --

22
23

Objection to form.

public?

Object to the form.

MR. SMITH:

Those would all be

answers, those would all be responses.

public?

1-800-325-3376

No, I did not.

Criticism from the

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 116
1

(BY MR. SMITH)

I'm just asking if --

did you get, for example, were there web sites

that you saw where people commented negatively

on what you were requesting?

Such as what?

Such as -- let me give you a second

to read this article.

the comments being made here by John Archibald,

that kind of criticism is what I'm asking

10
11

And along the lines of

about.
A.

No, not -- I mean quite to the

contrary.

including lawyers in your law firm, that this

should be -- the county's attorneys should be

paid in accordance with their -- county's

resolutions.

criticism.

I got lots of calls from individuals,

I wouldn't characterize that as

So other than John Archibald in this

article, you didn't hear criticism or negative

sentiment about your request from anyone else?

I don't recall hearing it.

I mean, I

don't think that John Archibald and -- his

opinions about things are just his opinions.

He's entitled to his opinion.

to affect --

1-800-325-3376

That's not going

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 117
1

I'm not trying to offer him as an

expert witness or a character reference for

anybody here.

with what was publicized at the time and just

wanting to know if your recollection today is

that this article was the only negative

sentiment you heard about the request you made

in October of 2012 for a pay increase from three

seventy-five to something over four hundred

I'm asking -- I'm presenting you

thousand in annual salary?

MR. WILSON:

Objection to form.

Let me clarify your question for

you.

I didn't make a pay request for myself.

made a request of the commission that the

commission follow their resolution that set up

all of the attorneys' salaries in the county

attorney's office, and to treat the lawyers in

the county attorney's office the same way that

all of the other employees of Jefferson County

were being treated.

of this.

That's the context of all

There was no demand, there was no

threat.

given to John Archibald and how it was spun to

John Archibald I was not part of.

1-800-325-3376

How this got played and how this was

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 118
1

John Archibald never called me before he wrote

this.

been a much different article or would not have

been written at all.

5
6
7
8

Had he done so, I suspect it would have

(BY MR. SMITH)

If he had called you,

you would have said no comment?

I would have listened to what he had

to say and what his questions were.

(Whereupon, County Exhibit 5 was

marked for identification, a copy of

which is attached hereto.)

All right.

And then if you could

look at County Exhibit 5 -- have you had a

chance to look at it?

Yeah.
MR. SMITH:

All right.

For Jay's

benefit, this is an article dated November 21,

2012, AL.com, "Jefferson County attorney who

earns $375,000 to get $18,750 pay raise."

MR. ADELSTEIN:

MR. SMITH:

Thank you.

You're welcome.

(BY MR. SMITH)

And you were asked

earlier about quotations attributed to

Commissioner Carrington.

see about the middle of that first page there is

1-800-325-3376

In this article as you

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 119
1

a quotation there that says we've completed our

evaluations of the county attorney's office and

we find their performance to be satisfactory.

Is that a statement that you heard him make in

an open forum too?

Possibly.

Okay.

I don't recall.

And then there's another

quotation below that attributed to Commissioner

Carrington that says Jeff is all in, we're

moving forward.

public or in some open setting?

Did you hear him say that in

David, I don't remember -- David

Smith, I don't remember if David Carrington said

that in a public setting or -- I just don't

remember.

Okay.

And --

I think that he did.

I think I was

sitting at the bench looking at him, but I won't

swear to it because I just don't remember.

Okay.

So the public comment here is

that what's being -- the work being done by your

office is satisfactory.

issue -- well, beg your pardon.

that quotation.

take issue with that evaluation of being

1-800-325-3376

Is that -- did you take

We've looked at

My question to you is did you

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 120
1

satisfactory?

I don't take issue with that quote.

But was that evaluation provided at

that time?

MR. LOWE:

I object to the form.

What evaluation is there in this?

And this is

an article from Barnett Wright with AL.com; who

knows whether he's quoting correctly,

paraphrasing or what.

I mean, there's no reason

for us to even believe that he's accurately

quoting.

something that we don't even know whether it's

authentic?

So why are you asking him to validate

MR. SMITH:

MR. LOWE:

The -This isn't a quote by

Jeff, this is a quote presumably by David

Carrington who Jeff has said he doesn't recall

whether he made it or not.

MR. SMITH:

I just didn't remember

these objections being made this morning when

questions were asked about quotations that were

perhaps more positive.

MR. LOWE:

I thought you were

objecting, saying that it would invoke

privilege, and in most instances we didn't

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 121
1

answer them.

2
3

MR. SMITH:

applied to that question.

4
5

I don't think that

MR. LOWE:

Well, that's not what

we're talking about now.

MR. SMITH:

I'm just saying.

No, what we're talking

about now is newspaper quotations, and the

precedent in the deposition --

MR. LOWE:

Right.

And they're

hearsay and they're -- he's said he doesn't

remember being made.

MR. SMITH:

MR. LOWE:

I'm not -Look, just go on.

made my statement.

let's quit wasting time.

Let's go on.

(BY MR. SMITH)

I've

You're right,

Ask your questions.

Well, there's a

quotation here that says we've completed our

evaluations and we find their performance to be

satisfactory.

heard at that time?

21
22
23

Is that an evaluation that you

I don't remember what I heard at what

time.
Q.

Okay.

And so as of this time frame,

October up to November 1st of 2012, you don't

remember how the commissioners evaluated the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 122
1

performance of the legal department, do you?

2
3
4
5

MR. LOWE:
Q.

Or do you?

(BY MR. SMITH)

You just said you

didn't, as I heard you.

You used the word evaluation.

don't recall ever seeing an evaluation or being

given an evaluation -- a written document.

Certainly no criticism of anything.

And so satisfactory would be -- you

wouldn't regard the satisfactory rating as being

in any way critical of you?

No.

(Whereupon, County Exhibit 6 was

marked for identification, a copy of

which is attached hereto.)

MR. SMITH:

Okay.

Let me show you

what I'm marking as County Exhibit 6.

Jay, this is a memorandum to

Jefferson County Commission from Jeff Sewell,

County Attorney, March 13, 2013, subject,

recommendations to reduce outside legal

expenses.

23
24
25

(BY MR. SMITH)

Is this a memorandum

that you prepared?

1-800-325-3376

Yes.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 123
1

MR. LOWE:

Let me interrupt for a

second.

deposition, are you saying this is in no way

subject to the attorney/client privilege and

that he can respond to anything in it?

By introducing this into this

MR. SMITH:

I want to ask a couple of

foundation questions.

to ask him about it until now, and so until I --

9
10

Mr. LOWE:

I haven't had the chance

Well, you have marked it

as an exhibit in this deposition.

MR. SMITH:

MR. WILSON:

I have.

You've provided it to

me, I'm not somebody in privity with the

county.

MR. SMITH:

MR. WILSON:

Correct.
And I don't think you

have a choice at this point, you've marked it,

it's on the record, it's been exposed to me, I

don't think you can make a claim that anything

in here any longer is privileged.

21
22
23

(BY MR. SMITH)

When you issued this,

this went to the public; isn't that right?

Not by me it didn't.

If it did, it

was -- I mean, I recall there being a newspaper

article about this, so it --

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 124
1

issues?

The subject line is recommendations

to reduce outside legal expenses.

5
6

Is this about managing budgetary

In terms of the -- the expenditure of

money on lawyers?

On outside law firms.

Right.

9
10

Which is a budget matter that

requires commission action to pay the lawyers;

right?

It requires commission action to

establish a budget which includes a lot of

things, including paying outside lawyers.

It would be a yes, wouldn't it?

It would be what it is.

And this is all public information,

isn't it, the rates you're paying the lawyers?

The --

MR. LOWE:
sure.

21
22
23

Look through it to make

A.
this.

I mean, I don't know what you mean by

The --

(BY MR. SMITH)

The information here

is -- is what's being paid by Jefferson County

to lawyers?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 125
1

The dollar amounts that are in here

are the hourly rates and such and so forth, yes,

that's all public contracts, public contracts or

public records or both.

And in providing the -- this

evaluation to the county commission, did you

have as your ultimate recommendation that the

size of the legal department under your

supervision be increased?

That was an -- a recommendation.

Yes.

Yeah.

That was a recommendation in

14
15

connection with the March -A.

Yes.

This memo was the result of a

request made to me by the commission or someone

on the commission as to, you know, how can we

reduce, what can we do to save money on the

outside lawyers.

to a request for the information.

This was written in response

And this is the subject of the memo

that's been marked earlier as Sewell Exhibit 2;

is that right?

The --

I don't think I have kept that, so --

Item four; is that right?

1-800-325-3376

Is that

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 126
1
2

not still over there?

No.

MR. WILSON:

We'll find it.

THE WITNESS:

Which exhibit -- what's the date?

Which one is that?

memo to you.

From David Carrington?

From David Carrington.

And then what was your question?

And I'm saying this memo is the

12
13
14

(BY MR. SMITH)

It's the April 2nd

subject of item four on this memo; right?

Your Exhibit 6 is the subject of

paragraph four of the --

MR. LOWE:

That was his question.

-- of Number 2?

(BY MR. SMITH)

Yes, it is.

And so is it correct -- have you got

That's my question.

2 in front of you as well now?

Yes.

Thanks.

I'm reading from paragraph

four of Sewell Exhibit 2.

evaluation of billing rates was grossly

misleading in that it compared apples to

1-800-325-3376

It says your

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 127
1

oranges.

understand that sentence when you reviewed this

memo?

Do you know what that means?

Did you

I -- I can read the sentence, but I'm

not -- the purpose of the memo was not to

evaluate billing rates, the purpose of the memo

was to -- I mean, the billing rates are what

they are, they're -- that's absolutely factual.

The purpose of the memo was to try to figure out

10
11

a way to do more work in-house at less cost.

But would you agree that what you did

in the memo was make a comparison between

expenditures on the outside lawyers and how it

could be different with a larger legal

department reporting to you?

comparison.

the facts are the facts.

Well, I don't think I made a

I think I stated what the facts --

Well, all right.

If the word

comparison isn't appropriate, then did you

describe how much money would be saved by

growing the legal department reporting to you as

compared to engaging outside counsel to the

extent the county was at the time of these

papers?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 128
1

itself.

I think that the memo speaks for

But you can still answer the question

whether it does or not?

I can -- I mean, I can answer the

question, there's no comparison in here.

don't really understand your question.

8
9
10

When you give a five-million-dollar

figure, is that based on comparing one thing to

another?

12
13

What are you referring to?

MR. LOWE:

Where is that stated in

here?

MR. SMITH:

I'm sorry, guys.

Let me

be sure that that's -- that this is where I get

that number.

17
18
19

(PAUSE)

No, it's a fair question.

Let me

withdraw mine.
Q.

(BY MR. SMITH)

The memo, the April

2nd memo goes on to say, as I've shared with you

before, billing rates for outside attorneys

include items that are not paid by in-house

attorneys, items like client development,

vacation days, sick days, holidays, staff

payroll and benefits, employer contributions to

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 129
1

health insurance, employer contributions to

Social Security taxes, overhead contributions

for rent, utilities, insurance, et cetera.

that true?

true?

Is that statement in this memo

I don't know if it's true or not, I

don't understand the statement or what relevance

it has to this memo.

It is in the memo.

It's in the April 2nd memo?

Uh-huh (INDICATING AFFIRMATIVE).

mean that, what you just read is in the April

2nd memo, but it -- I don't know --

MR. LOWE:

You're asking him to

explain David Carrington's thought processes,

which may be impossible to do.

I mean, it suggested to me how

hastily this was prepared, how quickly the April

2nd memo was thrown together without a whole lot

of thought.

this March 13 memo was also referenced in item

number five of the April 2nd memo.

22
23
24
25

And I believe this memo is also --

(BY MR. SMITH)

And is the

information in paragraph five correct, too?

No.

Carrington is completely wrong.

It's completely false.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 130
1

Okay.

Yes.

Will you explain that?

If you read on April -- the

April 2nd memo, paragraph number five,

Mr. Carrington refers to a memorandum, this

County Exhibit 6, dated March 13, 2013.

that I represented that your -- my office had

reviewed 1298 contracts in the year 2012, and

that is a correct statement.

a detailed review of the 2012 -- commission

He says

It says, in fact,

agendas is what he's referring to -- indicates,

A, the total number of contracts and amendments,

many of which were minor -- and so forth and so

on -- that were presented to the commission for

consideration was approximately one-half that

amount, indeed the total number of items on all

commission agendas was actually less than 1298.

When I read this I realized how

quickly again this was -- it was thrown together

because the assumption that underlies that

statement is that a contract only is reviewed

one time in the county attorney's office.

That's wrong.

a contract that is reviewed in the county

attorney's office ever makes it to the county

commission agenda.

1-800-325-3376

The other assumption is, is that

That's also wrong.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 131
1

So --

It is -- when a contract comes in for

review in the county attorney's office it almost

always is incomplete, something's not right, it

is logged in, it is logged out, it goes away for

days, weeks or months, it comes back, gets

logged in, it gets logged out again.

1298 is absolutely one hundred percent accurate.

The secretary in the office keeps a log of these

The number

and that number was derived from that log and

there were 1298 contract reviews in the year

2012.

And if a contract, single contract,

was reviewed five times, is that a one or a

five?

It's five.

That's a five in the 1298?

Absolutely.

And there also -- it is

very common for contracts to be reviewed that

never make it to the agenda and never get voted

on because along the way it just falls apart.

Is there anything in the memo that

explains that where one contract is reviewed

multiple times, that you treated that as a

multiple as opposed to the one for the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 132
1

contract?

Everyone that works for Jefferson

County that is involved in the contract process

that has any experience or tenure there knows

that.

6
7
8

Someone who had some experience -Q.

I think my question was is there any

reference in the memo to that?

There's no reference to that, there's

no reference to where the elevators are or the

public restroom, because people that have been

there a little while understand that.

12
13

Well, I don't know -- no one there

has been there as long as you had; right?

Almost no one.

And so in the memo it doesn't explain

that 1298 represents the multiple times one

contract would be reviewed as opposed to just

the number of contracts themselves?

MR. WILSON:

Objection to form.

mean, you're going around and around.

document says what it says, and the document

doesn't actually say contracts reviewed, it says

contract reviews.

THE WITNESS:

MR. SMITH:

1-800-325-3376

The

Plural.
Is that an objection to

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 133
1

the form?

2
3

MR. WILSON:
the form.

4
5

That is an objection to

MR. LOWE:

And thank -- thank you for

making it.

So the point is, is that on April

2nd, paragraph number five of the April 2nd memo

was just -- it's just false, it's wrong.

(BY MR. SMITH)

Did the commission

approve your recommendation in the March 13

memo?

Let me look at my recommendations.

(COUNSEL AND WITNESS CONFERRING.)

I recommended that the office be

comprised of six qualified competent in-house

attorneys with adequate skill sets, along with

some clerical positions being created.

aware that those recommendations were ever

implemented.

done so since I am not there anymore, but I'm

unaware of it.

I'm not

It's certainly possible they have

(BY MR. SMITH)

The last you knew,

this recommendation had not been approved in any

way, had it?

1-800-325-3376

I think that's right.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 134
1

And did you provide them any

comparison in this analysis of the compensation

in the Jefferson County Legal Department to the

legal department of any other local government

subdivision?

Not in -- not in this memorandum, I

did not.

There had been previous conversations

and discussions with this and former commissions

that go back for years that looked at the

workload done in-house at Jefferson County

with -- you know, comparing that to similar

in-house legal offices in other parts of the

United States, including Jacksonville, Florida,

Duval County, Florida, and other counties around

the country, but that was not in this document.

16
17
18

But in -- that would be relevant,

would you agree?

That was not what I was asked to do.

The purpose of the memorandum was to advise

about how to save money on the cost of outside

counsel, what to do to accomplish that goal.

If you were a decision maker about

how to manage this money, would you be

interested in knowing how do the salaries in

this department compare to similar departments?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 135
1

If I had -- if I were a decision

maker I would -- and I wanted to know that, I

would ask for it.

4
5

So you -- but you would regard it as

relevant?

MR. WILSON:

Objection to form.

If I were a decision maker?

I don't

know if it would be relevant -- to whom it would

be relevant to, but if I wanted to know I would

ask for it.

(BY MR. SMITH)

And did you

understand when you reviewed the April 2nd memo

that Commissioner Carrington wanted that kind of

information or would have found it useful?

MR. LOWE:

Object to the form.

It's

asking him to speculate what Carrington wanted.

He's already told you what he was directed to

do.

If Mr. Carrington had wanted that

information he could have asked me for it, but

he didn't.

(BY MR. SMITH)

Do you know, as of

this time period of March 2013, how the

compensation in your office compared to any

other Alabama local government legal department?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 136
1

MR. WILSON:

compensation?

5
6

Objection to form.

You talking about the in-house

(BY MR. SMITH)

Yes.

I do, yes,

uh-huh (INDICATING AFFIRMATIVE).

I had just general knowledge of how

it would compare to the compensation, not just

in Alabama but in other parts of the country

with similarly sized counties with similarly

10
11

sized legal issues and problems.

And what is your understanding of how

your salary compared to other people in similar

positions across the country?

Well, you have to understand that in

March of 2013 there was no other county in

the -- that I'm aware of in the United States of

America that was going through what Jefferson

County's going through.

county's -- Jefferson County's compensation

scales to let's just say Pike County, Alabama,

would, in my judgment, that would be an apple to

orange comparison, but perhaps a comparison to

Duval County, Florida might not be, where the

county attorney earns substantially more than

$375,000 a year.

1-800-325-3376

So to compare the

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 137
1

But if you went back, you say the

county circumstances were peculiar in 2013, your

salary increases had been on what percentage

increases for the three years before?

Zero.

And so in 2010 your salary was three

seventy-five?

following this.

10
11

I think you -- perhaps you're not

I may not be.

I thought you said you

had zero percent increase for three years?

I had no increase despite -- despite

the resolution of the county commission that set

up a ten-step 5 percent per year increase.

Let me ask a better question.

MR. LOWE:

You know, let me interject

a second.

issue in this employment lawsuit that -- why are

we delving into why he got paid, when he got

paid?

county that ended all issues and disputes

between Mr. Sewell and the county.

to delve into those for the rest of the day?

24
25

I don't -- is Mr. Sewell's pay an

He signed a separation agreement with the

Are we going

And, by the way, I'll raise the

seven-hour limit rule since it looks like we're

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 138
1

going to bump into that on this deposition.

I mean, where are we going with all this?

So,

You get to cross-examine him within

the scope of what he asked this morning, but

admittedly I'm not up to speed on what the

issues are in this lawsuit, but I don't think

anything has anything to do with what, you know,

he made and his salary and why he got an

increase or not.

I mean, if you want to talk

about why he got terminated, I guess -- I'm not

even sure that's relevant, but --

MR. SMITH:

MR. LOWE:

That was a polite way of

saying --

15
16

Well, what I'll say is --

MR. SMITH:

I know what you're

saying.

MR. LOWE:

-- I think you're really

outside the scope of what's going on.

getting late in the day, it's getting more and

more tedious.

we cut to the chase?

22
23
24
25

It's

I don't know, I'm just saying can

I don't remember your question.

I'm

sorry.
Q.

(BY MR. SMITH)

In 2010, was your

salary approximately $375,000?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 139
1
2

My salary was exactly $375,000, two

thousand eight, nine, ten and eleven.

The circumstances in 2013, which were

being in bankruptcy, weren't the same in those

years, was it?

I don't follow your question.

We weren't in bankruptcy, Jefferson

County was not in bankruptcy until 2011 as I

recall; is that right?

10
11

Jefferson County had not filed a

petition until November of 2011.

My point is this:

You responded a

moment ago that -- that your salary was

justified, my word, because being in the county

attorney's office in 2013 was so uniquely

demanding.

said?

Am I paraphrasing correctly what you

I don't feel like I'm trying to

justify my salary.

question.

21
22

MR. LOWE:

I don't follow your

And it's not relevant to

this case.

MR. SMITH:

Well, the commission's

dissatisfaction with Mr. Sewell is.

issue in my mind in the consent decree

1-800-325-3376

It's not an

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 140
1

litigation --

MR. LOWE:

Okay.

Well, just ask him

questions about their dissatisfaction and

I'll --

5
6

MR. SMITH:

Well, this is a subject

of the memo.

MR. LOWE:

MR. SMITH:

So I am.

MR. LOWE:

All right.

MR. SMITH:

Okay.

Keep going.

But I'm happy to -- I've

cut out a lot of my outline during lunch, so I

wouldn't be so pessimistic.

can't get an answer to the question and so I can

go to the next one --

(BY MR. SMITH)

But -- but if I

You were a very

highly paid county attorney by any standard,

wouldn't you agree?

18
19

MR. WILSON:
A.

Objection to form.

When I took the job as the county

attorney I agreed to accept the job at $88,000 a

year less than my predecessor, with the

understanding that there would be a pay scale

established as a matter of public record that

would treat all of the lawyers in the county

attorney's office the same as other employees of

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 141
1

the county who all have a ten-step 5 percent pay

scale by operation of the merit system.

that was the first time that had ever been

done.

And

And that was a requirement of mine in

order to -- there were two requirements that I

had when I took the job.

must create the same pay runway for the lawyers

as they -- as was created for all other

One is the commission

employees of the county.

requirement.

there would be a unanimous vote of the

commission to hire me as county attorney and if

there was not going to be a unanimous vote I was

not going to accept the job --

That was one

The other requirement was that

What had happened by March of 2013,

all of the other employees of the county who

were now reporting to the county manager, all of

their 5 percent merit raises had been reinstated

a year earlier, but the commission was the

appointing authority for our office.

office they had not been restarted, so we were

being treated odd man out from all the rest of

the employees in the county, which was a premise

that all of the commissioners understood fully.

1-800-325-3376

In our

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 142
1

So it's very disingenuous to suggest

there's something sinister about all of our pay

which was established years earlier.

(BY MR. SMITH)

I don't know why you

read my question that way.

you to confirm that you were aware in 2013 that

your salary was a particularly high salary level

for the position you occupied in the market

across the country.

MR. LOWE:

it's been asked and answered.

MR. SMITH:

MR. LOWE:

MR. SMITH:

MR. LOWE:

others, no.

several times.

18
19

I'm simply asking

I object to the form, plus

Did he answer?
Yeah, he has.
What's the answer?
He said compared to

And he even said Duval County

MR. SMITH:

He said Duval County

once, and I don't know --

MR. LOWE:

No, he said it --

(BY MR. SMITH)

But is there --

other than athletics coaches, was there anyone

paid higher as a public employee in Alabama than

you?

1-800-325-3376

Absolutely, yeah.

Carroll Garrison,

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 143
1

Malcolm Portera, the chancellors, the CFO of the

University of Alabama system.

college systems all through Alabama, yeah,

absolutely.

5
6

Auburn, yeah, the

Paul Hubbert.

MR. LOWE:

The junior college

systems.

The junior college systems.

(BY MR. SMITH)

9
10
11

Make more than

$400,000?
A.

Yeah.

The AEA director, and just go

on down the line.

Okay.

And if you will actually go do the

research, you will find that a $375,000 annual

salary for a county attorney in a similarly

sized county with a similar number of years of

experience is -- that's not out of line.

18
19

Not out of line with other county

attorneys?

Correct.

And who are all the county attorneys

by whatever location that you include when you

say that?

24
25

The ones that come to my mind right

here, sitting here today, are Duval County,

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 144
1

Florida, Broward County, Florida.

others around the country.

There are

Okay.

Including Jefferson County Alabama in

the 20 or so years before I became the county

attorney.

And so your testimony about your

salary level, would it be fair to summarize it

as being you thought it was at a completely

appropriate level?

11
12
13

MR. WILSON:
A.

Objection to form.

If I didn't think it was an

appropriate level, I would have objected to it.

(BY MR. SMITH)

The county commission established the

salary.

You did object to it.

MR. LOWE:

MR. WILSON:

MR. LOWE:

Objection.
It's not a question.
That's arguing with him.

It really is.

(BY MR. SMITH)

But you did object to

it, didn't you?

24
25

Well, you did.

MR. WILSON:
A.

1-800-325-3376

Objection to form.

What is it?

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 145
1
2

No.

MR. LOWE:

He's already answered

that.

6
7

To your salary level

not being enough?

(BY MR. SMITH)

The memo that's March

13th, had that analysis been done before that?

What analysis?

Had you ever done a previous similar

analysis?

To what?

To Exhibit 6?

Yes.

I had done -- actually I had not

done, the -- my predecessor had done an analysis

and had a file that went back many, many years.

And when attorney compensation for the county

attorney's office was his concern and not my

concern, he had quite a file on this matter and

from time to time over the last 25 years, the --

you know, the pay was adjusted for the lawyers

in the county attorney's office.

to work for Jefferson County in 1982, my pay

was, I think, if I recall, was less than $3 an

hour.

1-800-325-3376

When I started

Well, so your answer about whether

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 146
1

that analysis had been done by the county

attorney's office before, the answer is no?

No, the answer is there had been an

analysis before of, you know, compensation type

analysis for the lawyers, in-house lawyers, but

it predated me as county attorney.

7
8

Comparing outside lawyer rates to

in-house lawyer salaries?

I -- yes.

Yeah.

Yes.

But the outcome of the March 13th

memo was no change was made in the face of your

recommendation?

14
15

I think that's right.

MR. SMITH:

Okay.

Can we take 10

minutes and let me sort out my outline?

THE WITNESS:

Sure.

MR. SMITH:

(Whereupon, a short recess was had,

2:47 p.m. - 3:21 p.m.)

MR. SMITH:

Thank you.

All right.

We can go back on the record.

is that right?

Thank you.

I have 6 marked;

THE REPORTER:

(Whereupon, County Exhibit 7 was

marked for identification, a copy of

1-800-325-3376

Yes.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 147
1

which is attached hereto.)

(BY MR. SMITH)

MR. LOWE:

MR. SMITH:

My question to you --

Hold on.
Have we got it marked

yet?

THE REPORTER:

MR. WILSON:

Yes.
You might want to

identify it for the record and for Jay's benefit

too.

MR. SMITH:

What we have marked as

County Exhibit 7 is an e-mail sequence where the

last e-mail of the sequence is at 9:30 p.m. on

February 25th, 2013.

14
15
16
17
18

(BY MR. SMITH)

Is this, Mr. Sewell,

an e-mail sequence that you've seen before?

I think it's part of an e-mail

sequence I've seen before.

Is this a correct presentation of

these -- of the dialogue had on this occasion by

these e-mails?

21
22

MR. WILSON:
A.

Objection to form.

It's probably correct.

I don't think

it's complete, but the part that's here I think

is correct.

1-800-325-3376

(BY MR. SMITH)

Okay.

And this --

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 148
1

the e-mail responses that are attributed to you

here are statements that you typed for yourself?

Probably.

I think so.

All right.

Thank you.

In the public hearing on April 12th

that's been talked about before, Commissioner

Knight, you may recall, raised the subject of

Commissioner Carrington having made a proposal

for an amendment to the resolution of

organization to add a committee for the county

manager and to add a committee for the county

attorney.

up in that April 12th -- I'll call it a

hearing -- committee meeting?

Do you remember that subject coming

Committee meeting.

I remember Knight

saying something along those lines, but it was

not -- it was not a -- what he was referring to

was not a proposed amendment to the resolution

of organization.

what he said -- may be what he said, but that's

not what the document was.

That's not what -- that's not

Well, let me read an unofficial

transcript of it, and that's what I acknowledge

to you it is, it's a transcript of the hearing

that day that's been typed for my use.

1-800-325-3376

I'm

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 149
1

reading from commission -- what is attributed to

Commissioner Knight:

for you as the county attorney to say, hey guys,

we've got this coming up?

have forgotten about it, but I don't know, but

you knew about it and I don't feel like you

communicated that to us.

memorandum, because here we had this

organizational chart of 2010 when we came in and

And would it be prudent

You know, you may

The April 2nd

it says what it says, and we had the consent

hearing, the contempt hearing, with several

months passed by and the issue never became

paramount until April 2nd, 2010 -- I'll tell you

is what he said, I believe he meant 2013.

Continuing with reading Commissioner Knight:

think that was in response to Mr. Carrington

putting forth a resolution to add another

committee for the county manager so that we

could kind of shift all those departments under

county manager to him and then have the county

attorney to have a committee.

and Mr. Carrington, I think y'all told me y'all

had talked and we're in this committee meeting

and then you pull out a memorandum and put it

out and we kind of stepped back and took that

1-800-325-3376

And I know you

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 150
1

deep breath.

Do you remember that subject coming

up that day?

I remember trying to follow what --

that rambling discourse, and I didn't understand

it then.

Was there a committee meeting that

was open to the public on or about March 26th,

2013, where Commissioner Carrington discussed

making adjustments to the resolution of

organization?

13
14
15
16

There are -- all committee meetings

are open to the public.

Well, if you could answer about the

one I'm asking about.

I don't remember dates.

I don't -- I

couldn't tell you about dates, but I don't

recall -- I don't recall Commissioner Carrington

coming forward with a -- with an amendment to

the resolution of organization.

think that's right.

No, I don't

Was there a meeting -- well, first,

do you dispute that there was a committee

meeting on March 26th?

1-800-325-3376

I don't know.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 151
1

Do you have any reason to say that

didn't happen, like you were out of the country

or --

I wasn't out of the country.

Okay.

I mean, there were committee

meetings, I guess, every other Tuesday.

8
9

But was there a meeting where you

came in with an amended redlined resolution of

organization where in an open public meeting you

passed it around to all the commissioners?

Yes.

And in that meeting before you did

that passing out of your draft, had Commissioner

Carrington's idea of adjusting the committee

structure to have these other two committees

discussed?

19
20

I don't remember -MR. WILSON:

Could I have that read

back?

(Whereupon, the question was read.)

MR. WILSON:

missing.

24
25

I think there's a word

MR. SMITH:
complete.

1-800-325-3376

It does seem less than

Why don't I -- if there's no

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 152
1

objection, I'll just try to state it again.

I didn't understand that.

(BY MR. SMITH)

At this meeting where

you handed out your redline of the resolution,

had Commissioner Carrington discussed in that

meeting the idea of making committee adjustments

to add these other two committees?

I don't remember.

Okay.

Do you deny that he did that

before you handed out your version?

I don't -- I don't remember.

I understand.

13
14

I'm asking whether you

deny it or not.
A.

I don't remember.
MR. LOWE:

question.

or affirm it, so --

He's answered the

If he doesn't know, he can't deny it

MR. SMITH:

MR. LOWE:

press him to do so.

Okay.
It would be unfair to

(Whereupon, County Exhibit 8 was

marked for identification, a copy of

which is attached hereto.)

24
25

(BY MR. SMITH)

Let me show you what

I'm going to ask to have marked as County

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 153
1

Exhibit 8.

exhibit.

Let me ask you to look at that

MR. SMITH:

And for the benefit of

Jay, this exhibit is four pages of type, and on

the front page it begins, "Now therefore be it

resolved by the Jefferson County Commission."

And there's a handwritten note on the right

corner of it that says "134 Carrington

Resolution."

10
11
12
13

(BY MR. SMITH)

you get the water?

No.

I'm -- I've got a little bit

over here.

MR. LOWE:

Y'all don't need to wait

on him, he'll be fine.

THE WITNESS:

17
18

So my question -- did

If I choke and hit the

floor, go get water.

(BY MR. SMITH)

My question about

County Exhibit 8 is, if you look at that, does

it give you any recollection of whether that's

something that you had seen either in that

meeting -- well, first, in that meeting before

you handed out your version?

24
25

This -- this does -- I've seen this

before, but I don't remember when I saw it and

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 154
1

whether it was before or after, same time.

just don't remember the temporal flow of what

you're trying to ask me about.

Well, in the hearing -- the committee

meeting of April 12th, did you take issue, to

your recollection, with Commissioner Knight

saying y'all both had your ideas being advanced

in that meeting and -- and it became something

of a battle of ideas at that point?

MR. WILSON:

MR. LOWE:

Objection to form.
Object.

was saying.

and broken and made no sense at all to me.

Still doesn't.

I didn't understand what Joe Knight

I couldn't -- it was just rambling

(BY MR. SMITH)

All right.

And so my

question, I guess, is when you handed yours out,

what was the context of it, what did you say as

you handed it out in this open meeting?

Words to the effect that I'm -- let

me pass this report out to you that you -- that

I was asked to prepare and here it is.

wasn't -- that wasn't done as a random act of

something -- you know, I was doing that at a

request of a -- commissioners, more than one

1-800-325-3376

That

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 155
1

commissioner.

(Whereupon, County Exhibit 9 was

marked for identification, a copy of

which is attached hereto.)

Let me ask you to look at what I'm

going to ask to have marked as County Exhibit

if you'll take a second and let me know if that

appears to be the document that you handed out

in a committee meeting on or about March 26th,

2013?

And ask you to take a second -- Mr. Sewell,

handed out.

don't recall the circumstance of who was -- who

said what, when, where at that meeting.

This appears to be a document that I

I don't recall the date.

I just

Well, let's put it at least in some

context whether you remember March 26th or not.

Can you confirm that was before Monday, April

1st?

No.

I don't remember when -- in

March and April when committees met.

remember the dates -- I just don't remember,

David.

24
25

I don't

I'm sorry.
Well, but, you know, April the 2nd is

the day you've testified a great deal about and

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 156
1

that's a Tuesday, I'll represent to you.

Monday, April 1st, is the first day of April,

and I'm asking about a late March committee

meeting.

as you put that in context whether you can say

one way or the other whether you presented the

commission in an open committee meeting your

proposal about this amendment to the resolution

of organization?

So it seems -- I'd like to ask again

Did I present it?

Did you present it before April 1st?

I don't know.

You just don't know one way or the

other?

15
16

I don't remember -- I don't remember

when the committees were meeting.

17
18

Yes.

Do you have any reason to believe

that you did this after the April 2nd memos?

I don't know.

I don't remember when

the meeting -- when the committee meeting was or

this was passed out.

Well, let me ask it a different way,

then.

about performance deficiencies that's marked as

Sewell 3, after you got that did you ever

1-800-325-3376

After you got your April 2nd counseling

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 157
1

present the commission -- did you ever present

the commission -- Sewell 3 is what I said.

I'm sorry.

I said the number wrong?

10
11

3, here we go.

THE WITNESS:
Q.

No.

(BY MR. SMITH)

Okay.

Do you have

any recollection of providing a redlined amended

resolution of organization after the time when

you had counseling with Commissioners Carrington

and Brown on April 2nd?

24
25

MR. WILSON:
A.

1-800-325-3376

Objection to form.

I don't remember when I -- when the

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 158
1

meeting was when I handed -- I'm sorry, I just

don't remember when the meeting was.

(BY MR. SMITH)

All right.

So if the

-- if what Commissioner Knight was saying in his

statement here can be boiled down to there was a

meeting and both Carrington and Sewell presented

their thoughts on the resolution of

organization, if that's what he's getting at,

your testimony is that you don't have any

recollection at all of when that was?

I don't have a recollection of when

that was, but the way you phrased your question

is not what he -- is not what he was getting

at.

That's not what happened.

Well, those are two different things.

I don't think you understand what

happened.

Well, I wasn't there for sure.

I was.

But I'm using the same meeting

I don't remember when it was.

information that was the subject this morning,

and so that's the way I'm trying to get into the

fact that there was a meeting.

don't remember when the meeting was, but you do

remember handing out your redlined amended

1-800-325-3376

So -- so you

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 159
1
2

resolution of organization?
A.

I do -- I remember handing out -- you

know, drafting and handing out a -- this

exhibit, County Exhibit 9.

remember when it was.

All right.

I just don't

And can you confirm for

me that when you did that, it was the first time

you had ever submitted that document to the

client?

To the county commission?

Yes.

No, cannot confirm it.

You don't know one way or the other?

No, I do know.

When was this distributed before?

It had been discussed in executive

17
18

session prior to the meeting.

Well, I don't want to get into

executive session, so -- so we'll move to strike

that testimony.

that happened in executive session.

22
23

MR. WILSON:

Well, you asked -- you

asked the question.

24
25

Assert privilege over anything

MR. SMITH:

I know that, but that

doesn't change his responsibility where I don't

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 160
1

know the answer to --

MR. WILSON:

He didn't tell you

anything about the substance, he simply answered

your question about whether it was discussed

with the commission before.

(BY MR. SMITH)

All right.

So if the

question to you is whether you knew Commissioner

Carrington had some ideas about amending the

resolution of organization in late March, your

10
11
12
13

answer is yes or no?

Commissioner Carrington was not

trying to amend the resolution of organization.

Okay.

So your testimony would be

that he had no ideas that he put forth in this

open meeting on March 26th about amending the

resolution of organization at all?

That would be correct.

Okay.

And what you've got over there

as County Exhibit 8, does it relate to the

committee structure?

It would -- it would -- if this, if

Exhibit 8 has been adopted, it would have

circumvented the resolution of organization.

didn't amend, it was -- if you look at it

carefully, it purported to amend the resolution

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 161
1

of organization without following the procedure

in the resolution of organization for amending

the resolution.

It was circumventing it.

I'm not saying that this was

presented as a motion.

that he asked for this to be approved in a

motion in this open meeting of March 26th?

8
9

Do you have some memory

I think that what I would have to say

about what his intent was and what he expressed

to me would be covered by the attorney/client

privilege.

No, I think what I asked was in this

meeting of March 26th, wasn't there some motion

to approve this as an amendment?

15
16
17
18
19
20
21

I think you would have to go back --

not as an amendment.
Q.

And so was this a discussion of ideas

about how to adjust the committee structure?

There had been a -- I'm going to say

a very little bit about this.

Well, I don't want you to go to

privileged information.

March 26th and whether you can say whether or

not this was a part of a discussion on how to

amend the resolution and structure committees?

1-800-325-3376

I'm asking about the

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 162
1
2
3

It was not a discussion about how to

amend the resolution of organization.

Was it a discussion about the

committee arrangement in the resolution of

organization?

No.

No, it was not.

It was quite

the opposite of that.

subject of discussion in an executive session.

And it had been the

I'll ask another question.

Now, in County Exhibit 9, in the open

meeting, do you remember -- and I'm talking

again on March 26th and you've said you don't

remember the day -- but the meeting where you

handed out your redlined version, do you

remember that it was an occasion where -- where

after you handed out yours that there was

discussion and then consensus that we'll review

this and then come back to it?

I don't remember that.

Do you have any basis for denying it?

Yes.

In that open committee meeting that

day, did you provide any recommendations in that

meeting for your version to be approved as read?

1-800-325-3376

Not in that meeting.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 163
1

Did Commissioner Carrington's

document say anything explicit about not

complying with the county manager act?

Which document?

County 8.

I don't think so.

7
8
9

I don't think it

addressed the county manager act at all.

Did the -- did Mr. Carrington's

document say anything about not complying with

the Federal Employment Discrimination Consent

Decree?

Exhibit Number 8?

Yes.

I don't think it mentions the consent

decree.

Does the document that Mr. Carrington

submitted in that meeting, which I'm handing to

you as County Exhibit 8, did it recognize the

role of the county manager more than the

resolution of organization that was in place at

that time?

MR. WILSON:

Object to the form.

I don't think so.

(BY MR. SMITH)

Does the -- does the

existing resolution of organization provide for

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 164
1

the county manager to have a committee?

2
3
4
5
6

MR. WILSON:

Objection.

Now I don't

know which -- what's the existing?

Yeah, I don't know either.

I haven't

seen the current one.

(BY MR. SMITH)

All right.

Your

version, which we've got marked as County

Exhibit 9, was a comprehensive amendment of the

resolution.

10
11
12
13

Is that a fair description?

MR. WILSON:
A.

Objection to form.

My version was a lawful amendment to

the resolution.
Q.

(BY MR. SMITH)

What I mean to ask is

it was, from beginning to end, the version of

the existing resolution of organization with

redlining to the extent you thought it should be

changed?

It was that.

But was it that?

It -- it was that, but it was more

21
22

It was more than that.

than that.
Q.

Well, I'll ask the next question.

And your version changed the committee structure

within the commission from five committees to

one committee; is that right?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 165
1

It proposed that.

Yes, I understand it was never --

Approved.

-- acted on in the way of approval.

Right.

And what did your version provide in

the way of an amendment for elected officials or

agencies that didn't report to the county

manager?

The document that I drafted, that I

handed out that I don't remember when I handed

it out, I don't remember the day --

13
14
15

But you do acknowledge it was a

public meeting?
A.

Oh, yeah.

Yeah, absolutely -- well,

when it was handed out, when this version was

handed out, it was a public meeting.

been prior executive sessions which we're not

going to get into.

20
21
22

There had

Well, which I didn't ask about and I

don't want to have testimony about.

Okay.

This Exhibit 9 was -- was a

proper and lawful amendment to the resolution of

organization which was never approved.

1-800-325-3376

My question was did your draft

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 166
1

provide any amendment for the elected officials

or the agencies that don't report to the county

manager?

I don't remember.

Well, look if you would and let me

know what, if any, change of that sort was

made.

8
9

If you look at the two exhibits, A

and B, that were lined through, I don't see any

reference at all to -- in the original version

or the revised version to elected officials

other than the county commission.

understand your question.

Maybe I don't

Well, did you make provision for the

fact that there are people in the county who

don't fall under the county manager and how --

who their appointing authorities would be or how

they would be fit within the organization?

The -- this document would not be the

place, you would not put something in this

document about an elected official reporting to

the county manager in a situation where the

elected official doesn't report to the county

manager.

independently elected, either statutory or

1-800-325-3376

An elected official is an

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 167
1

constitutional office in the State of Alabama,

and would not report to the county manager or

the county commission.

And so is that addressed in any way?

I'm not following you.

The place of elected officials or

their relationship to the county committees or

who's a liaison to what, does it address those

in any way?

The -- again the elected officials

are independently elected officials, they

don't --

13
14
15

But what about the agencies where

they are?
A.

If you have something in here you'd

like me to look at, I'll be happy to look at it,

if you can just direct me to it.

18
19
20
21
22
23
24
25

You've struck a lot of language on

page six; is that right?

There is -- there is redlined or

lined out language on page six.

And is any of that provided for

elsewhere or is that just all deleted?

I don't remember -- without sitting

here and going through all of this, I don't know

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 168
1
2
3
4

if it was moved or -- I don't remember.

Does the county manager act require

that the county have just one committee?

The county manager act makes the

county manager directly and solely responsible

for all operating departments of the county.

That wasn't my question.

My question

was does the county manager act require that the

organization of the county be one that has only

10
11

one committee?
A.

It doesn't expressly state that, but

I think that is a fair inference of the act and

I think that is clearly the legislative intent.

14
15

So am I correct that your answer is,

no, it doesn't?

MR. WILSON:

Objection to form.

My answer is my answer.

(BY MR. SMITH)

But is it a correct

answer to say, no, the county manager act does

not address the number of committees that are

permissible?

MR. WILSON:

MR. LOWE:

Objection to form.
Asked and answered.

(BY MR. SMITH)

I've answered your question.

1-800-325-3376

Is that right?

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 169
1

Can you point me to any provision in

the county manager act that addresses the number

of committees?

No.

Can you point me to any provision in

the county manager act that specifies who can

chair a committee?

No.

Can you point me to any provision in

the county manager act that says what a

committee's agenda may consist of or not?

Yes.

Okay.

I can't quote you the page and verse,

but the county manager is given the exclusive

and sole authority to supervise the operating

departments of Jefferson County.

means, among other things, that a county

commissioner does not have the authority to

supervise an operating department.

a committee in place that suggests that a county

commissioner is supervising an operating

department of the county is not -- is not

appropriate.

1-800-325-3376

To me that

And to have

I did not say anything in my

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 170
1

questions about supervising anybody.

question was -- and I'm asking a different

question obviously rather than reading what I

just said, but does the county manager act have

rules about the way that the committees are

organized at all?

7
8
9

I think -- I think the county manager

act informs how the committees are organized.

All right.

And by answering it as

you did, I assume that there's nothing explicit

there about committees, is there?

The word -- I don't remember the word

"committee" being used in the county manager

act, I don't recall that.

All right.

And so would you agree

that changes made to the resolution of

organization as you have made them in County

Exhibit 9 are not the only way to bring the

resolution of organization into full compliance

with the county manager act?

I would -- no, I don't know that I

would agree with that.

Exhibit Number 9 is "a" way.

"the" way, I haven't thought about that.

1-800-325-3376

I would agree that the

Whether it is

Well, that's my question.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 171
1

But it's clearly in my judgment the

best way to bring it into compliance with the

law.

I'd suspect that since you handed it

out to everybody, but my question is, is it the

only way?

7
8

I don't -- I would have to research

that and study that.

I don't know.

It may be.

And how can you make a case when the

county manager act says nothing about

committees, that perhaps the only way to be in

compliance with the county manager act is to

make changes so that it has one committee by

your design?

Because when you take the label of

operating department away from the name of the

committee, you no longer have any practical way

to differentiate among the committees, and you

no longer have any need, practical need, to have

five separate committee meetings when one would

do.

22
23
24
25

It makes no sense.
Q.

These were ideas you chose to advance

in this open meeting; right?

These -- well, this was an effort to

bring the resolution into compliance with the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 172
1
2

county manager law in the best possible way.

Does the county manager act prohibit

having a committee of the county manager's

domain for the county manager to chair?

prohibit that?

Does it

The -- the county manager law does

not address a committee -- it doesn't address

committees for county managers.

And does the county manager act

prohibit having a committee of the county

attorney's domain for the county attorney to

chair?

Again, the county manager law does

not address, to my memory, a committee for a

county -- it doesn't address it.

Now, looking at the transcript of the

April 12 proceedings of the administrative

services committee, let me read again -- and

everything I read from this is -- is unofficial

and prepared simply by my office, but I have

reviewed it and I'll represent to you that I did

my best.

In the context of Mr. Knight's,

Commissioner Knight's statements about this

March 26th meeting and the drafts being

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 173
1

discussed, presented, handed out, you were given

an opportunity to respond and the response I'll

read.

compliance with the county manager law and need

to amend the resolution was one of a longer list

of items that I had finished going over with you

in an executive session.

8
9

You said in the hearing, the issue of

Now, did you tell the commissioners

before you said that that you were going to go

into privileged communications without

authorization?

MR. WILSON:

Object to the form of

the question.

he's told you he doesn't know the date as March

26th.

Commissioner Knight at the April 12th hearing or

meeting, whatever you want to call it, said

March 26th, you've asked an improper question.

You asked him several times and

Unless you're representing to me that

MR. LOWE:

No, now also it sounds

like he's insinuating that he did something

improper at this meeting by raising some

privileged information in an open meeting.

After he was terminated from his employment he

entered into an agreement where it washed away

any prior problems that may have been had.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 174
1

we're going to sit here and rehash that, we're

leaving, because that has nothing to do with

this lawsuit.

Now, if you're talking about that's

one of the reasons he was terminated, then we

can get into that, but it wasn't on his list of

reasons or issues he had with him that

Mr. Carrington came up with.

point in going through this or insinuating that

Mr. Sewell did anything wrong because it has no

relevance to this case.

(BY MR. SMITH)

I don't see any

I'll read the entire

response:

county manager law and need to amend the

resolution was one of a longer list of items

that I had finished going over with you in an

executive session on March 14th, and it was

canceled.

the executive session was canceled doesn't

change my obligation to inform you and tell you

what my advice is.

going to read another Rule of Professional

Conduct.

organization for a client, and specifically a

governmental organization.

1-800-325-3376

The issue of compliance with the

The fact that your -- the fact that

Let me read another, I'm

It involves a lawyer who has an

Before I read that

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 175
1

to you, though, before I forget, let me tell you

that, you know, why was this a burning issue on

April 2nd.

Mr. Knight said yeah.

Then you said:

There are a lot,

Jefferson County's got a lot of burning issues

and all of them came across my desk in the

intervening period from March 14th and April

2nd, the other things that were the higher

claims.

Circuit brief which had to be substantially

revised and edited, which was done the week of

March 18th.

an audit opinion letter I had to do to Warren

Averett regarding the school's warrant fund.

There was the mediator's statement that we were

working on, plan docket we were trying to

prepare, disclosure statements we were trying to

get done, and all the other hundreds of things

that occupy my time day and night.

2nd when I finally got around and transmitted

the memo to you and that's just because there

were so many things ahead of it that were even

higher points.

1-800-325-3376

The buildup included our Eleventh

All that had to be done.

There was

It was April

So as I understand what you were

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 176
1

saying in the public meeting, between a March

14th meeting that was canceled and April the 2nd

when a memo was sent you were busy with other

issues and it was April 2nd before you finally

got around and transmitted the memo.

6
7

MR. WILSON:
Q.

Objection to form.

about the April the 2nd memo to the county --

The privileged memo?

-- to the county commission, the one

24
25

that's been redacted.

1-800-325-3376

No.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 177
1
2

No, no, I mean the one -- I'm sorry,

the one --

No, no.

Yeah, I know which you're talking

The privileged memo --

about, the one delivered was that morning.

It was being talked about in the

April 12th hearing, so my question again is

between March 14th and April 2nd you were busy

with other issues and it was April 2nd before

you finally got around and transmitted the memo;

right?

12
13

MR. LOWE:

Object to the form.

I'm lost.

I'm sorry.

Mr. Knight, if

I heard what you said, Mr. Knight brought up the

date of April 2nd in his question to me.

16
17

(BY MR. SMITH)

Right?

He does make

reference to April 2nd.

I don't -- yeah, I don't recall

referring to an April 2nd memo.

but I don't really understand what you're asking

me.

Maybe I did,

Well, let me try to do a better job.

Your statement in the opening proceedings to all

assembled was that the reason that the April 2nd

memo did -- went out when it did was that that's

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 178
1

when you finally got around to it because there

were so many burning issues for the county to

deal with.

Is that true?
I suppose it is.

I don't have any

reason to think that it isn't, if that's what I

said.

The delay from March 14th which you

mentioned in your statement as the date a

meeting was canceled, the delay was due to the

volume of major issues you had to handle; is

that right?

13
14
15
16

19
20
21

I don't

have what you're reading from.

Well, I'm reading from questions that

I wrote up, so -A.

17
18

I don't have -- excuse me.

That's why I don't have them.

MR. LOWE:

That's why they're

confusing, too, apparently.

I don't -- I'm sorry, I just don't

have it.
Q.

(BY MR. SMITH)

Well, I'm sure I'm

not doing the greatest job, but I mean my

question should be clear and if it's not then

I'll ask it again.

1-800-325-3376

I think it would be safe to say,

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 179
1

David, that there was -- there were a multitude

of crises that had to be dealt with almost every

day for several years.

today in July of precise dates and moments and

times when meetings occurred, I just don't

remember.

access to records and things, but sitting here

today I don't remember the precise dates and

when something happened.

When -- I've lost track

I could reconstruct it if I had

What I'd like to confirm at this

moment is simply this:

2nd you weren't trying to get everyone in the

county courthouse to pay attention to the

compliance through revising the resolution.

was some -- everybody was busy, it came up in an

open meeting and -- and everybody was busy.

MR. WILSON:

MR. LOWE:

From March 14th to April

Objection to form.
Object to the form.

(BY MR. SMITH)

Isn't that right?

No, that's not right.

You just said that you were so busy

with so many crises between those two dates that

that's why you were delayed.

24
25

MR. WILSON:
Q.

1-800-325-3376

Objection to form.

(BY MR. SMITH)

Isn't that right?

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 180
1

No.

The -- the assumption behind the

question is not right and the question omits

facts.

Well, I -- you know, I don't envy me

deposing you or anybody deposing a lawyer, but

the fact is that I'm trying to confirm that

there wasn't some big defiance going on at this

point, there was discussion going on about

revising the resolution, wasn't there?

MR. WILSON:

MR. LOWE:

Objection to form.
Objection.

There had been discussion going on

about doing that very thing well in advance of

March 14th.

(BY MR. SMITH)

Now, was the

importance of bringing the resolution of

organization into compliance any different on

April the 1st, 2013 than it was in October 2011

when Tony Petelos started?

20
21
22
23
24
25

I don't think so.

There was a

practical difference.
Q.

Well, I understand the time --

passing of time, but -A.

The county manager on the first day,

week, month, six weeks was not --

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 181
1

Can I ask you to wait for a question?

Sure.

Is that fair?

I'm trying to answer your prior

5
6

question, but if you would like to, that's fine.

Now, you were asked questions today,

this morning, about the -- the memo of April 2nd

that you delivered and -- and then getting

summoned to a meeting that same day, I think you

said six hours later.

correctly?

Am I recalling that

That's right.

And is it your testimony that

Commissioner Carrington decided for the first

time that morning when he got your memo that you

were not performing your position to his

satisfaction, prepared a two-page memo outlining

other deficiencies, arranged Commissioner

Brown's attendance and participation in the

meeting and met with you for three and a half to

four hours about his concerns?

testimony?

Is that your

My testimony is my testimony.

Well, is what I just summarized your

belief?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 182
1

MR. LOWE:

Well, I object to the

form.

Why do you need to summarize his

testimony when he's testified?

MR. SMITH:

MR. LOWE:

Well, I'm not -You just said I summarized

your testimony for you and do you agree with my

summary, and the answer is no.

8
9
10

(BY MR. SMITH)

Your theory is that

the April 2nd memo led to an outcome; is that

right?

It clearly did, yes.

Yeah.

And the outcome that you've talked

about in part was the counseling on that same

afternoon; right?

MR. WILSON:

MR. LOWE:

Objection to form.
Objection.

In part.

(BY MR. SMITH)

you is this:

that before receipt of a memo from you on April

the 2nd, 2013, that Commissioner Carrington was

entirely satisfied and pleased with your

performance as county attorney?

24
25

And so my question to

Is it your testimony here today

Well, if you believe what he said in

the newspaper in October, November, whenever, I

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 183
1

would have to believe he was telling the truth

in November of the prior year.

that was the first I'd heard of any concern that

he had about my job performance from him or

anyone else.

Do you have Sewell 3?

MR. WILSON:

Here you go.

Yes.

(BY MR. SMITH)

I don't know --

Thank you.

Am I correct that this is the memo

that you got on the morning of April the 8th of

2013?

Yes.

And that you were put on leave with

pay; is that right?

That's right.

So as of the point of going on this

leave, was there any financial sacrifice of any

kind?

For me?

For you, yes.

Well, it was leave with pay.

So no benefits or any other --

anything else, nothing else was taken away while

you were on leave when you went on leave; is

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 184
1

that right?

Well, I mean access to my office,

access to my personal stuff, things of that

nature were inherent in this.

You were given access to your office

to the extent you needed access to any personal

items; right?

in.

I was given the opportunity to get

I mean, it was -- it was clear -- it was

clear to me when I got this on April 8th that I

was going to be fired.

been made simply because this document told me,

I think, that -- yeah, please let me know if

you want to schedule a mutually convenient time

to remove my items from the office.

very clear to me that the effort was going to be

made to terminate me that morning.

The decision had already

That seemed

On Monday, April 8th, you've

described some of what went on that morning.

you have a concealed weapon permit?

I do.

And do you carry a concealed weapon

at any time?

I have -- I keep one or sometimes I

have one in my vehicle.

1-800-325-3376

I've never had one in

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 185
1

my vehicle on county property.

one in the courthouse, I've never had one on my

body, on my person, while on duty as the county

attorney or as assistant county attorney.

I've never had

But carrying a weapon doesn't make

someone an automatic threat that they're about

to use it, does it?

MR. LOWE:

speculate.

10
11

That's asking him to

I can't tell you what's in someone

else's mind, I don't know.

(BY MR. SMITH)

Well, you've made

emphasis, as I heard you, about the security

guard who came down there being armed.

MR. WILSON:

Objection to form.

Just fact.

(BY MR. SMITH)

It is just a fact.

So what I'm asking you is, isn't he armed all

day?

20
21

MR. LOWE:
point to this?

David, I mean, is there a

I mean, I --

MR. SMITH:

MR. LOWE:

Yeah, there is a point.

Well, ask him a direct

question about guns or knives or bombs or

something.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 186
1

(BY MR. SMITH)

Well, that is a

direct question, does he wear his gun in the

regular performance of his duties at the

courthouse?

That security guard?

Yes.

I guess.

8
9

I suppose.

He had it on

that day.
Q.

There's no reason to imply that -- no

reason to think that he armed himself to come

excuse you from the property?

12
13
14
15

Other than the fact that he was

there.
Q.

I'm saying that he armed himself to

do that?

MR. LOWE:

I think the point is they

didn't need an armed guard or guard or any

escort, period.

the letter.

I mean, if you've got some points to make with

this witness, let's make them.

ridiculous.

The woman could have handed him

Now, I don't -- it's getting late,

That's

MR. SMITH:

I have questions.

MR. LOWE:

Okay.

MR. SMITH:

I'm continuing to ask

1-800-325-3376

Ask them.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 187
1

them and I'm addressing things that only came up

this morning.

MR. LOWE:

I don't think there was

any emphasis on the fact that he was -- he may

have been intimidated by someone that was armed.

6
7

MR. SMITH:
Q.

I disagree.

(BY MR. SMITH)

Did you understand

from your April 8th memo that you got that the

county was reminding you of the attorney/client

10
11
12
13

privilege?
A.

I understood that David Carrington

was saying whatever David Carrington said here.

Excuse me -- pardon me.

In the April 8th memo it says, during

this time period you are instructed to have no

verbal, written or other contact with any county

employees or any professionals hired by the

county, including but not limited to the

county's legal staff and the county's outside

legal counsel.

received the memo?

Did you read that when you first

Not when I first received the memo.

I read it later in the day.

sentence, put the memo in my vehicle and spoke

to the security officer and -- and Demetrius and

1-800-325-3376

I read the first

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 188
1

told them that I knew they were probably very

embarrassed to be doing this, and I left.

read the remainder of it later in the day.

And I

In the April the 12th, 2013 hearing,

Commissioner Carrington spoke at the beginning.

Let me read you what he said.

some questions about it.

starting at the end of the first sentence, so

I'm going to start with the second sentence:

Okay?

I want to ask you

And I'm

Mr. Sewell was placed on administrative leave

with pay because a majority of the commissioners

felt like he had not acted in the best interests

of his client, the county, in bankruptcy

settlement negotiations with our creditors.

When placed on administrative leave with pay on

Monday, April the 8th, 2013, Mr. Sewell was

instructed in writing to have no verbal, written

or other contact with any county employees or

any professionals hired by the county, including

but not limited to the county's legal staff and

the county's outside legal counsel, yet Monday

evening after being placed on administrative

leave with pay earlier that morning, Mr. Sewell

instructed the county's outside counsel that

they were not authorized to attend a previously

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 189
1

scheduled creditor negotiation session in

Dallas, the very next day, Tuesday, April 9th,

that they were not authorized to negotiate with

the creditors on behalf of the county even

though Commissioners Stephens and Knight would

be participating in the negotiations, and they

would not be paid for any of their legal fees if

they attended the negotiations in Dallas.

Now, did you hear what I read?

Yeah.

Okay.

And my question is I'm not

aware in the committee meeting of April 12th of

your denying that allegation.

allegation true?

Is this

What is the allegation?

That on the night of that -- on the

night of April the 8th at 9:30 p.m. Central

Daylight Time, that you made such communications

to the county's outside counsel.

isn't it?

That's true,

You -- I'm sorry, I'm confused.

You're asking me if something that David

Carrington read on April the 12th which

referenced the reason that I was put on

administrative leave the morning of April the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 190
1

8th was because of something I did the evening

of April the 8th?

No.

Because that's what I thought you

said, and I don't understand how I could be put

on leave on the morning of April the 8th for

something that had not occurred.

8
9

That was not my question.

If I

phrased it that way, that was not my intention.

I was reading what he had read in the hearing.

My question is simply this:

meeting the subject was raised that after you

were put on leave on the morning of the 8th,

that on that night of the 8th, some 12 to 14

hours later at 9:30 p.m. that night, that you

did communicate and issue directives to outside

counsel as Mr. Carrington said in his statement?

In the committee

Not as Mr. Carrington said in his

statement.

His statement contained

inaccuracies.

But putting aside what Mr. Carrington

said, is it true that you contacted the county's

outside counsel on the night of April the 8th at

9:30 p.m. and told them that they were not

authorized to make any settlement officer --

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 191
1

offer to any GO creditor or warrant holder?

2
3

the county's outside attorneys.

4
5

It's true that I responded to some of

Is it true that you said what I just

read?

What you just read was part of

discussions that had gone on.

And it's not true

that this was not addressed at all in the April

12th hearing.

It was addressed, but it was

addressed in a way that would not reveal what

communications occurred between the outside

lawyers and me.

part of that, David, was -- was the discussion

on April 12 about what a lawful order is and is

not.

And that was part of the --

And I want to ask about that.

I'm

just -- before we go to your view on those

rules, I just wanted to get the facts there.

Did you communicate with those lawyers?

THE WITNESS:

(COUNSEL AND WITNESS CONFERRING.)

MR. LOWE:

Let me talk to you.

All right.

If you're

going to question him about communications with

outside counsel, are you going to waive the

privilege on it, on what his answer may be?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 192
1

I mean, you've sat here and you've read certain

alleged comments that were made to and from

these outside lawyers.

this or --

MR. SMITH:

Are we going to get into

All I have done is we've

provided this transcript to the plaintiffs --

not the transcript, the recording.

8
9

MR. LOWE:
question.

Well, it's a simple

Since I'm asking the questions now,

it's a simple question.

You want to get into

this?

you have to waive the privilege.

these questions about conversations with outside

counsel, he's going to have to invoke the

privilege.

If you do and you want him to answer it,

MR. SMITH:

Otherwise, all

And is that different

than the statements that he made in the hearing

that day?

MR. LOWE:

He was asked to respond to

things during the hearing.

can ask him to confirm or deny the statement he

made in the hearing, but if you're asking

specific questions about conversations he had

with outside counsel at a particular place and

time, then I think he's going to have to invoke

1-800-325-3376

I don't know.

You

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 193
1

the privilege or either you're going to waive

it.

3
4
5

MR. SMITH:

Well, we'll withdraw that

question.
Q.

(BY MR. SMITH)

The -- do you

remember what your response was in the meeting

as to whether you did make contact with outside

counsel?

My recollection of what was said in

the meeting on April the 12th was -- was no

discussion at all about any substantive contact

or discussion between me and outside counsel.

That's my memory of it.

14
15
16

And so did you in the meeting deny

doing it?
A.

I don't -- I don't recall whether I

did or didn't.

there or here communications between me and the

county's outside counsel.

20
21
22

I did not want to discuss either

And so -- so you didn't admit it or

deny it?
A.

I think I made a statement.

I don't

-- I'm not positive of this, but I think I made

a statement that I was not going to address the

substance of any communications between the

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 194
1

outside counsel and me.

words to that effect.

MR. LOWE:

I think I said that, or

I think Mr. Carrington

opened the hearing by making that accusation,

because I was in the hearing.

6
7

MR. SMITH:

Well, that's what I just

read.

MR. LOWE:

accusations.

denied them.

I know.

He made the

I don't think he confirmed them or

(BY MR. SMITH)

Well, I'm going one

question at a time to the -- the -- and so my

question was, did you deny it in the hearing

as -- as a contact that you made on the night of

April the 8th?

My recollection, what I said in the

hearing had to do with the validity of this

purported order that he had given me.

recall trying to explain how an order can be

unlawful and how a lawyer cannot be ordered to

do something that violates the Professional

Rules of Conduct.

There was a lot of discussion of that.

24
25

And I

That was not a lawful order.

What I mean to be asking is, in the

meeting you explained why you did it and why you

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 195
1

thought it was appropriate to do it; isn't that

correct?

3
4

I don't -- I don't think that's

correct at all.

MR. LOWE:

Well, if you have a

transcript, don't you think that would be

helpful?

8
9

MR. SMITH:
foundation for --

10
11

MR. LOWE:

MR. SMITH:

MR. LOWE:

MR. SMITH:

MR. LOWE:
on hard.

MR. SMITH:

I am coming on, I'm coming

All right.

Should we

take a break?

21
22

Come on, come on.

Get -- cut to it.

19
20

Show him the transcript,

read it, if you want to know what he said.

Well, but the transcript

is --

14
15

You laid the foundation,

there was a hearing, there's a transcript.

12
13

I'm trying to lay a

MR. LOWE:

No, we don't need to take

a break, we need to terminate this deposition.

MR. SMITH:

Well, then let me ask my

questions.

know these are appropriate questions.

1-800-325-3376

These are appropriate questions, you

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 196
1
2

MR. LOWE:

It's redundant,

repetitive, irrelevant.

MR. SMITH:

Bad lawyering, stupid

counsel, you can put any label you want to on

it, but that doesn't mean I shouldn't keep going

ahead.

MR. LOWE:

I'm not calling you that.

I wouldn't signify anyone that.

MR. SMITH:

MR. LOWE:

Well, I -And don't -- look, you're

making similar insinuations to things he did and

that's -- that's not what we're doing.

13
14

MR. SMITH:

MR. LOWE:

MR. SMITH:

MR. LOWE:

Good.

And get the truth out of

him and let's go.

20
21

I want you to get to the

point and ask whatever you want.

I've

asked --

15
16

No, that's not.

MR. SMITH:

Good.

A straight answer

would be helpful.

MR. LOWE:

Well, you got to ask a

straight question, you can't ask these

convoluted, rambling questions.

MR. SMITH:

1-800-325-3376

Well, come on, Clay.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 197
1
2
3

MR. LOWE:

Come on, David.

You come

on.
Q.

(BY MR. SMITH)

Mr. Sewell, in the

meeting, you've discussed here today that you

talked about an unlawful order; is that right?

Yes.

And it was your judgment that being

told not to talk to outside counsel was an

unlawful order; is that right?

It was my judgment that an order that

had on its face or in its effect a directive for

me to violate the Rules of Professional Conduct

is unlawful and is not to be followed.

Well, I'd rather get a direct answer

and then allow you to explain.

Were you saying

that the order in the April 8th memo was such an

unlawful order as it pertains to not having

contact with outside counsel?

I believe I said that.

And so am I correct that because of

your application of the rules of ethics and

professional conduct, that you had that conduct

anyway, that conduct with outside -- contact

with outside counsel, excuse me.

1-800-325-3376

I -- outside counsel contacted me all

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 198
1
2
3

through the day of April 8th.

And so is that a yes, that you had

contact?

It is what it is.

Well, I mean, I know it is what it is

you say.

asking did you contact them?

8
9

You say they contacted you.

I'm

I -- I answered a question, several

questions, from outside lawyers all day long

that were contacting me with requests for what

is going on and what are we supposed to do.

And did you -- am I correct, then,

that you didn't comply with the directive of

April 8th?

The directive of April 8th put me on

administrative leave with pay.

left the courthouse.

I complied, I

I mean in terms of the paragraph that

says don't have contact with the lawyers, you

did have contact with outside legal counsel?

21
22

I spoke to lawyers several times

during the day.

After you got the leave notice?

Yes.

And did those contacts continue up

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 199
1

until 9:30 that night?

I don't remember what time they

continued to.

on that late?

Okay.

Would you deny that they went

I don't know.

I spoke with county

commissioners calling me on April the 8th, and

county employees and county department heads,

all of whom were calling asking for guidance

about what to do with a particular matter.

not believe that it's a lawful order to order me

not to talk to my clients or to the lawyers that

I supervise.

commissioner acting alone has no such authority.

I do

I don't -- I think one

And is there any documentation,

without getting into its content, is there any

documentation on April the 8th, before you had

contact with outside counsel on the subject of

this objection you had to the instructions in

the memo?

I don't understand your question.

Did you -- is there any evidence of

your objection to the lawfulness of this

directive other than you saying it now?

1-800-325-3376

MR. WILSON:

Objection to form.

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 200
1

Let's just say that April the 8th,

Exhibit Number 3, was not the first time I had

been given a purported instruction to not talk

to or withhold information from other of my

clients or some of the county's lawyers.

didn't consider it then, I don't consider it now

to be lawful.

9
10

(BY MR. SMITH)

And I

This memo doesn't say

anything about withholding information, does it?

It says you are instructed to have no

verbal, written or other contact.

broadly, if I'm called and asked a question, I'm

not to answer the question.

Applied

Is it correct that after your meeting

with Commissioners Carrington and Brown on April

the 2nd, that you had contact -- without getting

into the content of it, that you had contact

with outside counsel that was contrary to an

order given to you?

There was no order given to me on

April 2nd.

I'm sorry, you're confusing me with

your date, you said April 2nd.

I did.

I don't understand your question.

On the April 11th transcript, still

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 201
1

in this opening statement, the following is said

by Commissioner Carrington:

first time that Mr. Sewell had tried to

arbitrarily stop previously scheduled bankruptcy

settlement negotiation to the detriment of the

county.

six days earlier on Tuesday, April 2nd, that led

a majority of the commissioners to decide to

place Mr. Sewell on administrative leave with

This is not the

In fact, there was a similar event just

pay.

Commissioner Brown and I met with

Mr. Sewell for several hours in the afternoon of

Tuesday, April 2nd.

had a lengthy discussion about Mr. Sewell's

improper attempt to arbitrarily stop bankruptcy

negotiations in December 2012.

2012, during the first afternoon of an intense

three-day negotiating session with a significant

number of our creditors in New York City,

Mr. Sewell instructed our outside counsel to

stop negotiations, even though Commissioner

Stephens and I were present and actively

involved and some progress was being made.

Fortunately our outside counsel convinced

Mr. Sewell later that evening that his

instructions were not in the best interests of

1-800-325-3376

During our conversation we

On December 11,

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 202
1

the county and the negotiations proceeded for

the next few days.

3
4

Did you deny that in the committee

meeting of April 12, 2013?

Did I deny what?

Those facts that involved you?

MR. WILSON:

MR. LOWE:

MR. SMITH:

MR. LOWE:

MR. SMITH:

MR. LOWE:

You said do you deny those

facts.

Yes, those accusations.

I asked if he denied it.

12
13

Those -- do you mean

accusations?

10
11

Objection to form.

I first said -Look -- listen, do you

have an answer to whatever it is he asked?

I don't recall, sitting here today,

what dates or times I may have given

instructions to outside counsel about

negotiations.

occurred frequently.

I mean, that's something that

(BY MR. SMITH)

The next thing said

in the hearing transcript is that during the

April 2nd conversation -- April 2nd

conversation -- Mr. Sewell was clearly told and

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 203
1

he acknowledged that he was the attorney and

that the county represented by the commissioners

was the client.

frankly shocked to learn that several hours

later Mr. Sewell arbitrarily canceled a

previously scheduled general obligation debt

settlement conversation at 10:00 a.m. the next

morning, Wednesday, April 3rd.

I was disappointed and quite

In the committee meeting of April

12th, 2013, did you make any denial to that

statement?

Which part of the statement?

Any part of it or all of it.

I don't remember.

MR. SMITH:

THE WITNESS:

MR. WILSON:

About how long do you

MR. SMITH:

You know, I don't know,

Can we take a break?

Sure.

expect?

19
20

but I'm not going to be trying to go the seven

hours, there's no doubt about that.

22
23

MR. LOWE:

took was 35, 40 minutes.

24
25

Well, the last break you

MR. SMITH:

Yeah, I'm going to do

better this time.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 204
1

MR. LOWE:

Does that mean more?

MR. SMITH:

No, of course not.

MR. ADELSTEIN:

definite time?

5
6

Why don't we set a

MR. SMITH:
enough.

Sure.

No, that's fair

Let's say 15 minutes.

MR. ADELSTEIN:

(Whereupon, a short recess was had,

4:39 p.m. - 4:53 p.m.)

(BY MR. SMITH)

Thank you.

Let me know when

you're ready.

I'm good.

Was one of the concerns about your

style expressed to you by Commissioner

Carrington in the meeting with Commissioner

Brown about how aggressive and seemingly

motivated by self-interest you were at times?

Was that a topic presented to you?

No, not that I recall.

In the committee meeting of April the

12th, did you say in one context, this is my

instructions, if I say we need to go neutral, we

need to go neutral, when I say speed up, we need

to speed up.

1-800-325-3376

Do you remember saying?

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 205
1
2

Vaguely.

I don't remember the

context of it.

(Whereupon, County Exhibit 10 was

marked for identification, a copy of

which is attached hereto.)

(BY MR. SMITH)

Before we look at

County Exhibit 10, as I recall your testimony

earlier about the privileged memo of April 2nd,

JEFFREY M. SEWELL - 7/30/2013

Page 206
1

attorney's office who was on the memo is still

performing the same job as before; right?

I don't know if he's performing --

he's still employed.

performing the same --

I don't know if he's

You don't know what he does?

Right.

It's my understanding that

Ted Hosp, who was the lead outside lawyer at

your law firm, has been taken off the case.

I may be wrong about that.

Do you have any evidence of that?

I do, but I think it would be

privileged.

He's still of record in the case and

he's moved to Montgomery.

Okay.

Do you -- and Ms. Murphy is here with

us today; is that right?

She's sitting in the room with us.

So according to your testimony, four

people sent the memo and one got fired?

22
23

MR. WILSON:
A.

Objection to form.

And the other -- other three got

their relationship and representing the county

in this case significantly altered, is my

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 207
1
2

understanding.
Q.

But again, you know --

(BY MR. SMITH)

Are you the only one

who's been terminated from employment of the

people who sent the memo?

As far as I know.

All right.

Let me ask you to look at

County Exhibit 10.

Is this the agreement that

represents the terms of your settlement with the

county?

Appears to be.

And you were in this April 12th

committee meeting that we've talked about during

your testimony today when the beginning of this

deal was struck; is that right?

15
16
17
18
19
20
21
22

Well, when -- when the need for an

agreement was first broached, yes.

And then the broad financial terms

were outlined; right?

Well, the broad terms generally were

outlined.
Q.

At the end of the April 13th

committee -- that was really my question.

April 12.

Excuse me, April 12, 2013 meeting;

right?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 208
1

The -- yeah.

All right.

Now, I want to ask you

about the context in which that occurred.

correct that this committee, the administrative

services committee, when it takes action it's to

be referred on to the full commission in a

regular full commission meeting; is that right?

8
9

Is it

In -- in the normal course of things,

that would be the normal course of operations.

Yeah.

Of course, there was nothing normal

12
13

And so in this meeting --

about this event.

But in the meeting of April the 12th,

the discussion was had and then a vote was

taken; is that right?

There was a vote taken.

And the vote in the committee was to

consider a resolution to terminate your

employment for cause; is that right?

I think so.

And --

Although I never saw -- I never

saw -- I don't recall having seen any document.

I just don't know -- I don't know that.

I think there must have been something to vote

1-800-325-3376

I mean,

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 209
1

on but I don't think I ever saw it.

If your employment had been

terminated for cause, it would have had the

effect of denying or nullifying or preventing

the payment of the retirement conversion

benefit; is that right?

No.

Well, if it were for cause and that

I don't believe that it would.

were upheld as the state of things, if that were

the outcome, does it have any effect on your

retirement conversion benefit at all?

I don't think that it does.

So your testimony today is that at

the end of the committee meeting on April 12th

when they voted to pass a resolution

recommending that your employment be terminated

for cause, that you were not in any peril of

having the approximate nine-month salary

continuation period be pulled away and not owed

to you?

22
23

Is that your testimony?

Not my -- my testimony is what I

said.
Q.

Well, I'm asking -- why I'm seeking

clarification is, are you saying that it wasn't

at risk with that vote?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 210
1

I told you -- you asked me the

question, I told you what I thought.

whether it was at risk or not or who might have

thought it was at risk, I mean, I -- I don't

know what other people were thinking.

No, I'm not asking what other people

were thinking.

at risk potentially?

I didn't -- did you think it was

Well, everything was at risk

potentially.

I don't --

Including the retirement conversion

benefit in the face of that vote; right?

Potentially.

And so the resolution that was made

after the vote that -- in which you kept the

retirement conversion benefit was -- was that

item that possibly was at risk; is that right?

I don't know.

I --

The retirement conversion benefit is

paid to you under your severance agreement; is

that right?

That's right.

That's my term.

It's called

agreement, what we've marked as County Exhibit

10.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 211
1

So other than the retirement

conversion benefit, were you paid any money

as -- in your settlement deal?

I believe so.

And I'm including in the retirement

conversion benefit there the vacation pay, which

is some -- some number of weeks, I think; is

that right?

Right.

So other than that amount, whatever

that is, there wasn't any other money paid to

you in the context of your involuntarily

retiring, was there?

Not that I'm aware of.

And were you represented by counsel

on April the 12th personally?

17
18

represented or not.

19
20

I don't know if I was officially

Your counsel here today, Mr. Lowe,

was with you that day; is that right?

He was in the room.

He was there as a colleague, friend?

He was there.

All right.

He wasn't with

me.

1-800-325-3376

And did you have any

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 212
1

thought that you had a claim as some sort of

whistle blower?

When?

April 12th, the day that this deal

5
6
7
8
9

was made?
A.

I don't recall when I might have had

a particular thought.
Q.

In the settlement you weren't paid

any money separate from involuntary retirement

in the sense of different money for other

claims, were you?

No.

And as a lawyer, you're well versed

in what rights you may or may not have; is that

right?

I -- I'm a lawyer.

But your -- your honest assessment

18
19
20
21

would be that you're a good lawyer, isn't it?

I'm a lawyer.

I'm not here to boast

or brag or denigrate or anything else.

All right.

If you look at paragraph

five of the County Exhibit 10, am I correct that

you have received no greater benefits, rights or

privileges than anyone who takes involuntary

retirement?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 213
1
2
3

I'm not aware that I've received any

additional, extra, greater things.

All right.

Paragraph eight of County

Exhibit 10 provides confirmation of your

professional responsibility and imposes

contractual consequences for a breach of that;

is that right?

MR. WILSON:

MR. LOWE:

Objection to form.
Asks for a legal

conclusion.

this case or -- what's the relevance of going

through his agreement?

going to contest it for some reason, are you?

14
15

MR. SMITH:

MR. LOWE:

I'm getting so close to

I know, but this is

important.

18
19

Are you -- you're not

being finished.

16
17

Are we contesting his agreement in

MR. SMITH:

It is important,

absolutely.

MR. LOWE:

I mean, he has an

agreement with the county.

questioning the validity of it, are you?

MR. SMITH:

MR. LOWE:

You're not

Oh, no.
You're not questioning

whether he's complied with it, are you?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 214
1

MR. SMITH:

ask questions, not answer them.

questions --

MR. LOWE:

litigation.

his life.

Well, today's my day to

Questions relevant to this

We're not here to open the door to

MR. SMITH:

You produced this

document, so it's clearly --

MR. LOWE:

It's a public record.

MR. SMITH:

scope of what we're here about.

And these are

MR. LOWE:

I'm saying it's in the

I don't see it and I don't

believe the plaintiffs' attorney would agree to

that, but, you know, finish up.

I want to know if you're contesting his

compliance with this agreement.

MR. SMITH:

Ask him --

And I want to know

whether you're instructing him not to answer my

questions --

20
21

MR. LOWE:

Did you hear me

say that?

MR. SMITH:

MR. LOWE:

No, no.

-- unless I answer you.

No, I'm asking you a

question.

1-800-325-3376

MR. SMITH:

I know, I'm saying --

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 215
1

MR. LOWE:

it, though, are you?

MR. SMITH:

You're not going to answer

I'm trying to get

finished and I'm close.

MR. LOWE:

Well, let's make a point.

Let's -- this has nothing to do with this case.

All you're doing is berating him about an

agreement --

9
10

MR. SMITH:

That is not true.

That

is not true.

MR. LOWE:

MR. SMITH:

MR. LOWE:

MR. SMITH:

MR. LOWE:

Yes, it is.
I am not berating him.
Oh, yes, you are.
This is -- no, I am not.
You're intimidating him

with this agreement.

that he has some obligation that he's violated

with the county.

You know you are.

MR. SMITH:

MR. LOWE:

way I'm reading it.

22
23

No -Yes, you are.

MR. SMITH:
counts.

24
25

You're absolutely implying

That's the

Well, you're wrong on all

You're absolutely wrong on all counts.

MR. LOWE:

Okay.

Well, then let's go

through it some more.

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 216
1

MR. SMITH:

And -- and this is a case

that involves issues about privilege and I am

confirming a privileged topic right now for my

record.

MR. LOWE:

He will admit and confirm

to you all day and all night that he has a duty

to protect the privilege of the county.

MR. SMITH:

MR. LOWE:

you it sounds like.

What are you doing now?

I don't know, arguing with

MR. SMITH:

beating me up to prolong this.

MR. LOWE:

No, I'm not beating you

up.

MR. SMITH:

MR. LOWE:

You're really just

Yeah, you are.

All right.

Let's stop.

Ask your question.

MR. SMITH:

MR. WILSON:

Come on.
The only thing -- I did

not show him this agreement.

asked about is whether he considered it

confidential.

that I'm going to -- not argue that it's

invalid, I'll give you that stipulation.

not sure what this has to do with anything.

1-800-325-3376

The only thing I

If you want a stipulation from me

I'm

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 217
1

MR. SMITH:

Well --

MR. WILSON:

You could just ask him

is it a binding agreement -- says it's a

contract.

MR. SMITH:

You know, if we had

(BY MR. SMITH)

Now, to go back and

cover what I was in the middle of trying to

cover, is it true that you did not receive any

money on top of retirement or sick leave

conversion benefits to compensate you as a

whistle-blower victim of some unlawful

retaliation?

24
25

Is that true?

MR. LOWE:

Where does it say whistle

blower in here?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 218
1

MR. SMITH:

MR. LOWE:

that in here?

4
5

It doesn't.
Well, why are you throwing

Your question -- I'm confused.

MR. SMITH:

Well, just let me --

please, please.

MR. LOWE:

That's -- I just think

that's an improper question, but -- now that I

know that, just ask it again, that that's not

part of the document.

10
11

MR. SMITH:

Would you please read my

question?

(Whereupon, the question was read.)

MR. LOWE:

MR. WILSON:

Object to the form.

Asked and answered.

(BY MR. SMITH)

Please?

As I've told you before, the only

compensation that I'm receiving is sick leave,

retirement.

I think we've covered that.

Has the county performed as of today

all of its obligations under the agreement?

MR. WILSON:

Objection to form.

I don't know.

(BY MR. SMITH)

To your knowledge,

have they complied with the agreement as of

today?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 219
1

I don't -- they have complied as of

today with paying the sick leave conversion

benefit.

if it fully paid other benefits or not.

5
6

Other -- other benefits, I don't know

Do you have any knowledge of any

failure to perform as of today?

Yes.

All right.

Pay the health insurance claim.

What is it?
I

don't have any evidence that has been paid.

I'm getting letters that it has not been paid as

recently as about -- I don't know, about 10 days

ago.

14
15

And what is the dollar amount of this

item?

I think it's $800.

And is this the one that we've

addressed previously?

previously.

22
23
24
25

And

It's the one question we've discussed

And is it the one that I understood

has been corrected?

The one that you represented has

been, yes.
Q.

1-800-325-3376

Have you communicated with me before

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 220
1

this moment, again, that it hasn't been

resolved?

No.

All right.

Well, then send me the

collection notices because it's not my error and

it's not the county's error --

MR. WILSON:

MR. SMITH:

MR. WILSON:

No, it's not.

I thought we were here

to ask questions.

11
12

Is that a question?

MR. SMITH:

No, it's not, it's a

debate because we're having debates.

MR. WILSON:

having a debate about whether an

eight-hundred-dollar claim has been paid.

right?

17
18

MR. SMITH:

So don't spend my time

Break for a couple of

minutes.

MR. WILSON:

(Whereupon, a short recess was

had, 5:15 p.m. - 5:17 p.m.)

MR. SMITH:

All

All right.

Okay.

Thank you.

don't have anything further.

24
25

1-800-325-3376

MR. WILSON:

I have one.

RE-EXAMINATION

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 221
1

BY MR. WILSON:

Mr. Smith asked you about County

Exhibit 9.

Do you have that there?

That is the

redlined version of the resolution that you

discussed.

Yes.

Now, I want you to listen to a

portion of the April 12th, 2013 administrative

services committee meeting, and tell me if you

can identify the speaker.

11
12

MR. SMITH:

Excuse me.

Can you pause

that one second?

MR. WILSON:

MR. SMITH:

Yeah.
Can you identify the time

point in the tape?

track that, you know.

MR. WILSON:

Can we?

MS. KOORJI:

I can give you the exact

point in the tape.

20
21

I mean, sometimes you can

MR. SMITH:
know.

MS. KOORJI:

MR. SMITH:

Yeah, just so I could

Sure.
That would help me find

it on mine.

1-800-325-3376

MS. KOORJI:

Yeah, no problem.

It's

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 222
1

34 -- 34 minutes.

2
3

MR. SMITH:

Okay.

Thank you.

Who is

the speaker going to be?

MR. WILSON:

Well, I'm asking him.

That's the question.

MR. SMITH:

MR. WILSON:

Start it again, Alaizah.

MS. KOORJI:

Okay.

THE WITNESS:

All right.

Thank you.

Ready?

Yeah.

(PLAYING RECORDING.)

There are

changes to the resolution that you need to make

to make that document comply with the existing

law of Alabama and you got the memo from me

about that.

It's me.

(BY MR. WILSON)

(RECORDING STOPPED.)

That's you, and you

recognized yourself as saying there are changes

in the resolution that you need to make to make

that document comply with the existing law of

Alabama and you got the memo from me about that?

21
22

I -- I didn't hear all of it, but I

recognize my voice.

Okay.

Sounds right.

Was Exhibit 9, which is your redline,

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 223
1

the proposal you made in your April 2 memo to

bring the resolution of organization into

compliance with the law?

MR. LOWE:

Is that privileged?

you need to take another break to think about

that one?

7
8

MR. SMITH:
me.

I can't think of any --

9
10

It seems privileged to

MR. WILSON:

Number 9 was discussed

publicly, you established that, at a hearing.

MR. SMITH:

MR. MITCHELL:

You talked about it in

the context of the March --

14
15

I understand.

MR. SMITH:

I was talking about it

only in the context of an open meeting.

MR. WILSON:

MR. SMITH:

into something else.

Do you have -You're trying to make it

MR. WILSON:

Well, I'm asking if this

was the implementation of what he was

recommending.

then I think you probably waived the April 2

memo.

If the answer to that is yes,

MR. MITCHELL:

MR. LOWE:

1-800-325-3376

Not on that basis.

Does anyone have a copy of

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 224
1

the April 2nd memo that -- could reference this?

MR. SMITH:

on that question, respectfully.

4
5

MR. LOWE:

Well, that settles it for

them, so --

6
7

We assert the privilege

MR. WILSON:
does.

MR. SMITH:

MR. WILSON:

I suspect Barnett Wright

I'm sorry?
I suspect Barnett Wright

has a copy.

That's fine, if you're asserting

privilege, I would like that on the record.

then --

MR. SMITH:

MR. WILSON:

THE REPORTER:

MR. LOWE:

Was I on the record?

Was it?
Yes.

And then as we've done all

day, I instruct him not to answer based on

privilege.

MR. WILSON:

Nothing further.

And that's fine.

Thank you very much

for your time.

THE WITNESS:

THE REPORTER:

And

Thank you.
One thing I need to

put on the record, this is a read and sign?

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

MR. WILSON:

THE REPORTER:

This is a read and sign.

Thank you.

3
4

FURTHER DEPONENT SAITH NOT

5
6

(Said deposition was concluded at 5:20 p.m. on

the 30th day of July, 2013.)

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

CERTIFICATE

2
3

STATE OF ALABAMA

AT LARGE

I hereby certify that the above and

foregoing deposition was taken down by me in

stenotype and the questions and answers thereto

were transcribed by means of computer-aided

transcription and that the foregoing represents

a true and correct transcript of the testimony

given by said witness upon said deposition.

I further certify that I am neither

of counsel nor of kin to the parties to the

action, nor am I in anywise interested in the

result of said cause.

I further certify that I am duly

licensed as a Certified Court Reporter by the

Alabama Board of Court Reporting as evidenced by

the ACCR number following my name below.

20
21
22
23

Jane B. Elliott, CCR

ACCR #306 - Expires 9-30-13

1-800-325-3376

133:20 139:16 140:8

77:25 79:1 80:10,25
168:14 181:10
81:21 82:18 84:10
183:10 195:17
85:5 87:23 88:21
197:20 198:12
90:24 92:2,11,12
212:22 215:12,14
94:15 98:1 101:22
216:2 226:12,14,16
104:22 105:5,6,13
ambiguity
106:24 107:11,17,25
108:18,22 113:9,10
68:12
113:19 114:10,25
amend
117:1 118:17 119:5
98:14 160:12,24,25
120:7 121:19 122:6,7
161:25 162:2 173:5
123:10 125:10
174:14
132:25 133:2 136:21
amended
137:17 138:8 139:24
151:9 157:20 158:25
140:13 144:12
amending
145:14,23 146:3
160:8,15 161:2
147:11,15,16 148:9
amendment
148:22 150:19 151:9
97:10 148:9,18 150:19
151:10 156:7 161:14
156:8 161:14,16
161:16 162:8,15
164:8,11 165:7,23
165:7 166:21,24,24
166:1
169:20,22 171:24
amendments
173:2,7,18,22,24
130:11
174:16,23 175:14
America
177:19 179:15 182:9
1:7 136:17
185:6 186:17 194:19
among
197:5,8,10,16 200:18
169:18 171:18
201:16 202:16
amount
207:15 213:20 215:7
130:15 211:10 219:14
218:7 220:14 223:15
amounts
analysis
40:23 125:1
134:2 145:7,8,10,14
Amsouth
146:1,4,5
3:16
and
an
9:15 12:2 16:5,9 17:22 6:2,5,16 7:3,9,12,12
7:20 8:1,4,12,15,16
17:23 18:11 19:15
8:16 9:2,2,13,14,22
20:2,3 23:20 25:6
9:24 10:7,12,16,25
27:19 33:9 34:23
11:7,8,18 12:3,14,23
36:17 37:6 38:22
13:23,24 14:1,21
42:11 43:4,7 44:10
15:15 16:2,12,19
45:6,18 46:23 47:1
17:8,10 18:11,15,19
51:19,20,23 53:21
19:5,8,11,14,18 20:3
54:21 58:14 59:11
20:4,10 21:8,15 22:6
60:9 62:3,12 63:1
22:12,17 23:3 24:8
64:23 72:15 73:4
24:23,23 25:5,10,14
74:8 75:16 77:11,24

25:20,25 26:20 27:3

27:22 28:1,8,14,18
28:19 29:16 30:7,14
30:18,21 31:1,2,8,15
32:4,7,11 35:6,7
36:23 37:20 38:21
39:15 40:25 41:4,6
41:25 42:3,14 43:3,4
43:11,11,15,18,19,20
43:21,22 44:2,2,3,4,5
44:6,6,7,7,8,10,15
45:8,10,13 46:1
49:15 50:17,24 51:1
51:15,22,23 52:12,13
52:25,25 53:1,2,6,16
54:3,20 55:1,12,19
56:2,8,15 57:12,17
57:24 58:6,10,13,18
58:25 59:7,14,18
60:22 61:10,11,14,16
61:17 62:4,6 63:8
64:2,18 66:4,9 67:7
67:19,20 68:12,15,16
68:18,25 69:17 70:7
70:12,13,18 71:6,24
72:15,15,23 73:10
74:3,6,22 75:5,10,19
76:13,18 78:12,15,17
79:1 80:14,14,15
81:5,5,5,9,19 82:15
83:3,6,9,13,21,22,23
84:11,15,16,25 85:17
85:24 87:22 88:13
89:16,19 90:6,23
91:7 92:14,17,24
93:10,14 94:8 95:7
95:10,20 96:4,6,18
96:24 97:3,10,25
98:14 100:15,17,20
101:6,8,16,22 102:11
102:12,15,19,21
103:6,14,18 104:3,12
104:13,20 106:1
107:4,13,21,21 108:3
108:7 109:4,10,25
110:11,16 112:10,15

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 5
113:8,10,10 114:1
115:10 116:7,22
117:4,17,23,24 118:8
118:12,22 119:2,7,16
120:6,25 121:7,9,10
121:18,23 122:9
123:4,8,16 124:16
125:2,2,5,21 126:10
126:11,19 127:13
128:25 129:19,22
130:7,11,12,12
131:10,10,13,18,20
132:15,20,21 133:4
133:13 134:1,8,8,14
135:2,11 136:10,11
137:6,21,22,24 138:8
138:8,19 139:2,21
140:3,13 141:2,5,13
142:11,16,19 143:10
143:13,21 144:7
145:15,16,17,18
146:15 147:8,25
148:11,23 149:2,6,9
149:10,12,20,21,22
149:23,24,24,25,25
150:5 151:13 153:3,4
153:7,16,25 154:8,8
154:14,14,16,22
155:7,8,21,25 156:3
157:23 158:6,6,22
159:3,6 160:18 161:9
161:17,23,25 162:7
162:11,12,17,18
164:23 165:6,20,23
166:5,9,16 167:2,4
167:22,25 168:5,12
168:23 169:14,16,20
170:2,9,15 171:8,9
171:18 172:9,18,20
172:21,25 173:2,4,13
174:1,14,17,20,24
175:7,8,12,19,20,21
175:22 176:2,4,5
177:8,9,10 178:23
179:4,4,7,8,16,16
180:2 181:8,8,13,19

1-800-325-3376

181:20,20 182:6,7,12
182:18,22 183:14
184:22 187:1,19,24
187:25,25,25 188:2,2
188:7,20 189:5,6,11
190:5,16,24 191:7,12
191:12,14,16,21
192:1,2,11,16,24
193:12,14,18,20
194:1,12,18,20,25
196:10,11,16,18,19
197:7,13,15,20,21
198:2,11,12,25 199:7
199:8,15 200:5,12,15
201:10,21,21,22
202:1,25 203:1,3
204:16 205:10,11,15
205:18,25 206:14,17
206:21,23,24 207:11
207:17 208:10,14,17
208:21 209:8,19
210:14 211:5,15,25
212:13 213:5 214:2
214:12,17 215:4
216:1,1,2,5,6 217:13
217:17 218:14
219:10,14,17,21
220:5 221:9 222:13
222:16,20 224:12,17
224:20,25 225:1
226:5,7,7,9,10
Andy
7:19 8:1
annoying
37:17
annual
117:10 143:14
another
43:24 119:7 128:10
149:17 162:9 174:21
174:22 223:5
answer
16:10,20,24 17:3,7
19:16 21:5,10 22:11
23:11,14 24:17,22
26:5,9,14,17 30:24

34:11,15,24 36:6,10
36:16 37:8 38:9,9,20
39:4,9 45:1 46:2,18
54:8,21,23 56:16
57:24 58:16,18 60:15
60:20,24 61:5 62:16
64:23 65:17,22 66:17
77:22 78:13,21,24
81:18 84:2 86:4
94:22 95:13 102:23
104:10 107:10 111:5
121:1 128:3,5 140:13
142:12,14 145:25
146:2,3 150:14 160:1
160:10 168:14,17,17
168:19 181:4 182:7
191:25 192:11
196:20 197:14
200:13 202:16 214:2
214:18,22 215:1
223:21 224:18
answered
55:6 61:10 75:22,24
142:11 145:4 152:15
160:3 168:23,25
198:8 218:14
answering
23:12 45:18 48:7
170:9
answers
17:6 115:23 226:7
answer's
21:5
anticipation
63:4
any
7:22 8:21,22 9:5 13:4
13:12 14:8,21,24
15:8 23:5,13,18,21
23:24 25:11,12 26:2
28:4 29:12,22 30:24
31:3,25 36:12 37:11
38:13 43:2 44:24
45:3,5 47:10,25 48:1
48:11,12,18 53:9,9
53:17 54:6,16,22

55:9 56:25 57:8,13

22:23 76:23 96:15,19

believes
16:23 17:1 58:7
believing
17:7
below
119:8 226:19
bench
119:18
benefit
113:8 118:17 147:8
153:3 209:6,11
210:12,16,19 211:2,6
219:3
benefits
128:25 183:23 212:23
217:21 219:3,4
berating
215:7,12
best
9:3 19:11 61:17,18
67:6 68:10,18 79:13
80:4 81:9 83:13,18
101:7 102:15,22
171:2 172:1,22
188:12 201:25
217:10
better
76:6 99:19 109:21
137:15 177:22
203:25
between
8:4 16:3 23:3 25:5
28:12 45:8 64:18
68:15 75:19 83:20
88:25 97:9 103:21
110:16 127:12
137:22 176:1 177:8
179:22 191:11
193:12,18,25
beyond
47:6
big
180:7
billing
126:24 127:6,7 128:21

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 10
binding
217:3
Birmingham
1:14 3:17,23 4:6 6:7,8
36:18 37:1,12 82:1
bit
51:22 153:12 161:20
blower
212:2 217:25
Blvd
4:5
Board
226:18
boast
212:19
body
88:2 104:1 185:3
boiled
158:5
bombs
185:24
both
104:13 125:4 154:7
158:6
bottom
51:6,16
Boulevard
6:8
Bowman
87:19 88:14
boxed
110:22
boxes
110:10,20,25 111:8,11
112:3
boxing
112:1
brag
212:20
BRANCH
1:17
breach
213:6
break
101:8 102:11 195:20
195:22 203:15,22

1-800-325-3376

220:17 223:5
214:14 217:8 218:7
176:3 177:8 179:15,16
breath
222:21
179:21
by
but
44:8 150:1
brief
4:17,20 6:22 8:19,23
8:22 9:1 10:24 11:6
11:11,13 20:6 21:22
12:5,22 18:16,25
175:11
22:14 23:16,25 24:3
19:3,17 29:9,21
Briefly
24:25 28:14,23 29:13
30:10,12 33:10,15
75:13
30:23 35:2 36:7,11
34:10,15 38:5 40:9
bring
36:17,25 37:4,10
41:3,18
45:17
46:10
91:23 170:18 171:2,25
38:12 39:11 40:5
49:16 51:8 53:2,20
223:2
41:20 42:10 43:8,21
54:23 55:14 56:24
bringing
44:18 46:21 47:11
57:7,14 58:11 60:15
91:19 180:16
48:10,17 49:23 55:8
61:4 62:5 63:14,19
brings
55:18 58:21 62:5,18
67:10,14,25 74:7
63:18
63:2,3,3 64:24 65:24
77:25 78:6 79:3
broached
66:10,14 68:10,23
81:22 87:2,5,16 91:4
207:16
69:10 70:15,25 71:23
93:25
98:1,5
101:17
broad
72:13 76:7 79:7
103:21 104:4,11
207:17,19
82:10 83:17 84:4,9
106:17 110:10
broadly
85:14 86:7 90:8
111:12,12 112:1
200:12
91:13 95:25 96:25
113:12,21 114:14
broken
97:19 98:11 100:1,4
115:9 119:18 120:3
154:14
100:10 103:1,11,21
127:4,11 128:3
brought
104:16,21 105:2,3,21
129:12 133:20
177:14
108:12 109:1 110:7
134:15,16
135:4,9,20
Broward
111:5 112:9 113:15
136:8,22 137:1 138:4
144:1
114:8,22 115:5 116:1
138:6,11 140:10,12
Brown
116:8 118:5,22
140:12 141:20
157:23 200:15 201:10
119:21 120:15,16
142:21 144:22 146:5
204:16
121:16 122:3,23
146:10
147:23
Brown's
123:2,21,23 124:21
148:16,20 149:5,5
181:19
124:23,24 125:16
150:17 151:8 153:25
budget
126:6,17 127:21
155:24
158:12,20,24
124:8,12
128:19,22 129:22
159:24 162:13
budgetary
133:9,22 135:11,22
164:19,20 165:13
124:1
136:4 137:24 138:24
167:13 168:11,18
building
140:15,16 141:2,16
169:15 170:4 171:1,5
2:18 87:5
142:4,21 143:8,22
172:20
174:6
177:20
buildup
144:14,22 145:1,6
178:22 179:7 180:5
175:10
146:1 147:2,14,19,25
180:23 181:5 185:5
bullet
149:12 152:3,24
187:18
188:20
88:25
153:6,10,18 154:16
190:21 191:9 192:22
bump
157:19 158:3 160:6
193:23 195:12 196:5
138:1
161:10 163:24 164:6
203:20 205:12
burning
164:13 168:18,24
206:12 207:1 208:13
44:11 175:2,6 178:2
170:9 171:13 172:20
209:1
212:17
213:16
busy
Merrill Corporation - New York
www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 11
173:21 174:12 176:7
125:17,18 127:4
176:10,15 177:16
128:3,5,5 138:20
178:21 179:19,25
140:13 146:14,21
180:15 182:8,18
155:18 156:5 158:5
183:9 185:12,17
159:6 161:23 167:17
186:1 187:5,7,17
169:1,5,6,9 171:9
188:19 193:5 194:4
174:6 181:1 192:21
194:11 197:3 200:8
194:19 196:4 203:15
201:2 202:22 203:2
217:10 221:10,11,14
204:10,14,17 205:6
221:15,17,18
207:2 211:15 217:17 canceled
218:15,23 221:1
174:18,19 176:2 178:9
222:16 226:6,8,11,17
203:5
226:18
candidates
11:16
C
cannot
C
159:12 194:20
2:5
can't
call
54:11 62:4 76:5 96:2,3
115:20 148:13 173:17
96:4 140:13 152:16
called
169:14 185:10
56:4 96:25 118:1,5
196:23 223:8
200:12 210:23
capable
calling
61:18 67:6
196:7 199:7,9
capacity
calls
7:15 8:21 73:16
23:8 65:11 97:24
104:20 105:6
116:12
careful
came
61:11 64:9
6:6 7:12,18 43:18 44:8 carefully
91:11 98:3 149:9
160:25
151:9 174:8 175:7
Carrington
179:15 185:14 187:1 5:5,6,20 29:13 30:1,13
can
30:19,25 31:4,9 32:1
6:25 21:12 38:20 39:4
32:19,23 33:20 42:9
39:9 43:4,25 45:2,9
42:18 43:23 44:4
46:7 53:12,16 54:4,8
45:8 50:10 52:13
54:15,23 56:14,23
59:18,22,24 63:3,4,8
57:5,6,15,19 58:7
64:7 65:9 66:1,4
62:5 65:17,22 67:22
68:25 69:9,17 70:18
68:1 70:1,7,15 76:6
71:19 72:4 73:19,25
78:14,20,24 80:19,21
75:10 76:23 77:2
81:12,18 86:4 87:15
79:10 80:7 81:13
95:2 98:5 101:17,18
82:13,19 83:25 84:25
102:22 109:19 110:1
85:1,7,12,17,18,25
111:5 123:5,19
96:11 100:14,18

1-800-325-3376

107:23 118:24 119:9

119:13 120:17 126:8
126:9 129:24 130:4
135:13,16,19 148:8
149:16,22 150:9,18
152:5 153:8 157:22
158:6 160:8,11
163:16 174:8 181:14
182:21 187:11,12
188:5 189:23 190:17
190:18,21 194:3
200:15 201:2 204:15
Carrington's
74:20 109:6 129:14
151:15 163:1,8
Carroll
142:25
carry
184:22
carrying
185:5
case
9:6,7,8,23 10:4,9 12:6
12:12 13:5 14:20
15:7 23:20 36:13
139:22 171:9 174:11
206:9,14,25 213:11
215:6 216:1 217:14
cause
6:11 208:19 209:3,8
209:17 226:15
caution
64:23
CCR
2:1 226:23
Center
3:6
Central
102:6 189:17
certain
8:24,24,24 10:23 74:7
192:1
certainly
21:15 41:1 56:12 83:5
91:4 104:10 122:8
133:19

CERTIFICATE
226:1
Certified
6:1 226:17
certify
6:4 226:5,12,16
cessation
82:20,22
cetera
129:3
CFO
143:1
chair
51:24 52:1,6 84:18
169:7 172:4,12
chance
40:6 88:16 118:14
123:7
chancellors
143:1
change
7:22 8:5 23:6 94:13
146:11 159:25 166:6
174:20
changed
23:3 93:14,15,19,20
93:22 164:17,23
changes
41:22 170:16 171:13
222:11,17
character
117:2
characterization
22:25
characterize
82:21 88:17,19 116:16
Charles
8:14 9:12
Charlie
12:2,5
chart
43:18 149:9
chartered
81:17
chase
138:21

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 12
choice
88:22,23,24 102:1
123:17
choke
153:16
chose
65:5 171:22
Circuit
175:11
circumstance
72:10 93:8 110:16,19
155:14
circumstances
137:2 139:3
circumvented
160:23
circumventing
161:3
citizen
94:6
City
1:14 80:12 81:2,15
82:1,9,11,16 201:18
Civil
1:6,11,16 2:15 6:5
claim
123:19 212:1 219:9
220:15
claims
175:10 212:11
clarification
209:24
clarify
19:14 117:12
Clay
17:15 49:1 98:23
196:25
Clayton
3:4
clean
110:12 112:11
cleaned
112:6,7
clear
16:13 25:19 29:1 30:1
38:12 45:17 60:19

1-800-325-3376

61:21 90:9 94:22

97:16 178:23 184:9
184:10,16
clearly
168:13 171:1 182:11
202:25 214:8
clerical
133:17
clerk
7:10
client
10:10 12:15 20:21
58:13 63:15,15,19
64:18 68:15 75:20
79:13 92:6,6,10
103:3,7,7,8,10,11,13
103:24 104:11,14
128:23 159:9 174:24
188:13 203:3
clients
199:12 200:5
client's
12:13
clip
43:4,7
close
213:14 215:4
clowe@lowegramm...
3:8
coaches
142:22
Cockrell
84:10
collapse
13:23,25
colleague
205:25 211:23
collection
220:5
collective
104:14
collectors
103:17
college
143:3,5,7
colloquy

25:4 26:21
come
76:22 143:24 162:18
186:10 195:16,16
196:25 197:1,1
216:18
comes
24:15 131:2,6
coming
43:13 148:12 149:4
150:2,19 195:17,17
commenced
12:19
commencement
14:5
commencing
6:9
comment
20:15,22 21:23 93:3
108:18 111:1 112:22
118:6 119:20
commented
20:21 116:3
commenting
20:10 31:12
comments
25:12,16 116:8 192:2
commercial
81:17,20,22,25 82:10
commission
5:17 10:11,21 11:6,8
11:12,14,15 12:16
24:21 26:12 29:7
31:5 32:6 33:6 34:1
34:6 35:21 36:21
74:14,23 79:8 83:23
84:6,8 89:6 96:14
103:16,23 104:1,15
106:10 107:6 109:18
110:17 115:10
117:14,15 122:19
124:9,11 125:6,16,17
130:9,13,16,25 133:9
137:13 141:7,13,20
144:15 149:1 153:6
156:7 157:1,2 159:10

160:5 164:24 166:12

167:3 176:23 208:6,7
commissioner
6:3 24:12,25 25:5,6,22
26:1,21 29:13 30:1
30:18,25 31:4,9 32:1
32:18,23 33:20 42:8
44:20 45:8 46:12
52:13,14 59:21,22,24
63:8,8 73:19,25 74:8
74:20 76:23 77:2
79:10 80:7,14 81:4
82:7,15 84:25,25
85:1,7,12,18 86:10
87:19 96:3,5,9
100:14,15,17,20
107:22 118:24 119:8
135:13 148:6,8 149:2
149:15 150:9,18
151:14 152:5 154:6
155:1 158:4 160:7,11
163:1 169:19,22
172:24 173:16
181:14,18 182:21
188:5 199:14 201:2
201:10,20 204:14,15
commissioners
23:25 24:3 27:6 28:12
28:25 42:21 45:5
47:13 53:9 59:18
60:12 69:16 70:18
75:10 77:6 79:12
80:2 82:25 84:23
85:17 93:11 96:2,12
96:20,24 121:25
141:25 151:11
154:25 157:22 173:8
188:11 189:5 199:7
200:15 201:8 203:2
commissioner's
84:11
commissions
134:8
commission's
26:25 35:25 42:12,13
139:23

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 13
commitment
90:4
committed
24:14,18 26:7,12
91:19
committee
27:1,5 32:17 41:21,22
42:4,10,12,19,22
43:9,25 44:3,5 65:3
74:23 77:21 79:9
80:21 84:23 86:13,24
87:18 88:6,8 92:18
92:24 96:1 148:10,11
148:14,15 149:18,21
149:23 150:7,12,23
151:6,15 152:6 154:4
155:10 156:3,7,20
160:20 161:18 162:4
162:22 164:1,23,25
168:3,10 169:7,21
170:13 171:13,17,20
172:3,7,10,14,18
189:12 190:11 202:3
203:9 204:20 207:12
207:22 208:4,5,17
209:14 221:9
committees
151:16 152:7 155:21
156:16 161:25
164:24 167:7 168:20
169:3 170:5,8,11
171:11,18 172:8
committee's
169:11
common
131:19
communicate
190:16 191:19
communicated
43:16 149:7 219:25
communication
18:5 29:22 63:16
communications
16:3 68:14 173:10
189:18 191:11,23
193:18,25

Page 16
days
44:8 81:10 128:24,24
131:6 201:7 202:2
219:12
day-to-day
11:25
DC
2:20
deal
55:14 155:25 178:3
207:14 211:3 212:4
dealt
179:2
debate
28:12,15 220:12,14
debates
220:12
debt
13:22 96:14,21 203:6
December
15:15 80:9,24 82:7,14
201:15,15
decide
201:8
decided
181:14
decision
97:22 134:22 135:1,7
184:11
decisions
25:8
declined
112:21
decree
10:9,9 12:11 14:9
15:25 22:4,19 24:16
26:8,10,13 90:18
91:5,20,24 92:1
139:25 163:11,15
deep
44:8 150:1
Defendants
1:10,15,20 3:9 4:1
defiance
180:7
deficiencies

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 19
88:3 93:2 154:20
194:2 197:11 209:4
209:10
effective
73:18
efficiently
101:7
effort
38:13 98:13 171:24
184:16
eight
139:2 213:3
Eighteen
36:20
Eighth
2:10
eight-hundred-dollar
220:15
either
9:14 29:18 63:9,20
70:19 153:21 164:4
166:25 193:1,17
elapsed
83:20
elected
104:6 165:7 166:1,11
166:21,23,24,25
167:6,10,11
election
103:16
elements
68:13
elevators
132:9
eleven
139:2
Eleventh
175:10
elicit
102:17
Elliott
2:1 6:1 226:23
else
116:20 183:5,24,24
212:20 223:18
elsewhere

1-800-325-3376

167:23
else's
86:7 185:11
embarrassed
188:2
emergency
44:10
emphasis
185:13 187:4
employed
8:13 44:25 72:23
206:4
employee
72:21 104:22 105:7
106:25 142:23
employees
11:20 117:19 140:25
141:10,17,24 187:17
188:18 199:8
employer
104:18 128:25 129:1
employment
7:23 8:11 25:7 88:11
104:22 137:18
163:10 173:23 207:3
208:19 209:2,16
end
12:7 84:24 85:25 95:3
164:14 188:8 207:21
209:14
ended
89:5 96:25 137:21
engaging
127:23
enough
21:14 145:2 204:6
ENSLEY
1:17
entered
12:2 23:20 173:24
entire
52:22 174:12
entirely
60:14 61:3 182:22
entirety
41:6,9

entitled
64:5 116:24
entity
104:13
envelope
51:19,20,23,25 84:11
envision
62:5
envy
180:4
equivalent
55:21
error
220:5,6
escort
186:18
essence
62:7
establish
106:2 124:12
established
56:1 57:9 140:23
142:3 144:15 223:10
et
1:9,12,14,17,19 129:3
ethics
197:21
evaluate
127:6
evaluated
121:25
evaluation
46:13 119:25 120:3,6
121:19 122:5,6,7
125:6 126:24
evaluations
119:2 121:18
even
20:21 34:20 60:7 62:1
80:13 81:4 92:6
120:10,12 138:11
142:16 175:23 189:4
201:20
evening
81:8 188:22 190:1
201:24

event
101:21 201:6 208:12
eventually
8:16
ever
15:3 23:20 33:8,22
44:24 45:3 46:11,25
77:2,6,10 86:20
87:21 104:25 112:16
122:6 130:24 133:18
141:3 145:9 156:25
157:1 159:8 209:1
every
47:20 87:20 113:24
151:7 179:2
everybody
17:12 171:5 179:15,16
everybody's
101:16
everyone
112:7 114:10,13 132:2
179:12
everyone's
217:7
everything
87:23 172:19 210:9
everywhere
111:9
evidence
199:22 206:11 219:10
evidenced
226:18
exact
29:9 33:15 79:17
221:18
exactly
10:22 68:2 109:17
139:1
exaggerated
112:14,20
examination
4:17 6:11,21 56:15
102:25
examined
6:16
example

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 20
12:24 116:2
exclude
30:24
exclusive
169:15
excuse
51:19 106:7 108:6
178:12 186:11
187:13 197:24
207:24 221:11
executive
159:16,19,21 162:8
165:18 173:7 174:17
174:19
exercise
61:18
exhibit
5:1,3,9 12:24 39:19,20
50:4,8 71:10,12,20
71:24 73:15 75:2
76:8 100:9,10 105:13
105:18 108:9,13
112:23 113:2 114:19
114:23,24 118:9,13
122:13,17 123:10
125:22 126:5,13,23
130:5 145:11 146:24
147:11 152:21 153:1
153:2,4,19 155:2,6
159:4,4 160:19,22
162:10 163:12,18
164:8 165:22 170:18
170:23 200:2 205:3,7
207:7 210:24 212:22
213:4 221:3 222:25
exhibits
166:8
existed
21:4 104:21
existence
112:3
existing
41:25 163:25 164:3,15
222:12,19
exists
34:9

1-800-325-3376

expect
203:18
expected
25:19 65:1 110:13
expecting
76:9,9
expenditure
124:5
expenditures
127:13
expenses
122:22 124:4
experience
81:19,19 132:4,5
143:17
experienced
58:8
expert
117:2
Expires
2:2,3 226:24,25
explain
129:14 130:1 132:15
194:19 197:15
explained
194:25
explains
131:23
explanation
21:18 77:13
explicit
163:2 170:10
explicitly
19:1
exposed
123:18
express
46:15 74:22
expressed
42:11 79:2 161:9
204:14
expressly
168:11
extensively
93:6
extent

67:25
23:7 63:12 70:3 90:4
favorable
107:22 112:15
127:24 164:16 184:6 107:24
extra
February
213:2
147:13
e-mail
federal
147:11,12,15,16 148:1 6:5 18:14,25 58:10
e-mails
99:2,5,18 100:4
163:10
5:18 147:20
feel
F
43:16 61:6 65:4 89:25
face
139:18 149:6
30:6 146:11 197:11
fees
210:12
189:7
fact
feet
20:20 53:6 57:1 85:24 26:22
92:10 97:20 130:8
felonies
158:23 166:15
97:1
174:18,18 180:6
felt
185:16,17 186:12
79:12 80:3 188:12
187:4 201:6
few
facts
44:8 81:10 202:2
127:17,18,18 180:3
figure
191:18 202:6,13
127:9 128:9
factual
file
127:8
100:4 145:15,18
failure
filed
219:6
20:8 21:24 22:7 99:18
fair
139:10
21:14 22:25 128:17
filings
144:8 164:9 168:12
22:22
181:3 204:5
finally
fairly
175:21 176:4 177:10
35:19 79:3
178:1
fall
financial
29:23 55:16 166:16
13:20 14:1 183:18
falls
207:17
30:20 131:21
financing
false
13:22
129:25 133:8
find
familiar
119:3 121:18 126:3
14:3 52:7,8 91:14
143:14 221:23
109:6 113:3,19
fine
far
19:7 70:15 153:15
56:8 68:4 207:5
157:15 181:5 224:11
fashion
224:20

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 21
finish
214:14
finished
67:10 173:6 174:16
213:15 215:4
fired
184:11 206:21
firm
116:13 206:9
firms
47:23 49:22,25 50:2
124:7
first
6:15 7:8 10:25 13:18
24:5 33:7,20 50:12
65:25 67:7 80:9,25
91:3,11 118:25 141:3
150:22 153:22 156:2
159:7 180:24 181:14
183:3 187:20,22,23
188:8 200:2 201:3,16
202:14 207:16
fit
75:7 90:1 166:18
five
27:6 129:21,23 130:3
131:14,15,16,17
133:7 164:24 171:20
212:22
five-million-dollar
128:8
flights
81:25
floor
153:17
Florida
134:13,14 136:23
144:1,1
flow
154:2
fly
61:16 81:16
focused
13:18
follow
111:23 117:15 139:6

1-800-325-3376

139:19 150:4
followed
197:13
following
6:12 24:13 26:1 36:19
93:13 137:9 161:1
167:5 201:1 226:19
follows
6:16
for
1:2 2:6 3:2,9 4:1 6:2
6:11,25 7:4,6,10 9:6
9:12,12 11:3,18,25
12:6,10,24 13:5,18
14:19,20,25 15:7,12
15:19 20:15,22 21:18
23:2,8 27:24 31:19
33:9,10,10 39:20
41:1 42:15 43:12,25
46:14,22 47:2,16
49:15,17 50:5 52:22
55:16 56:1,6 57:20
60:6 63:22 65:11
67:7 71:21 76:24
77:14 78:1,8 81:10
82:24 85:5 90:6,13
90:25 91:8 93:7
94:18,23 97:21,24
98:23 99:19 100:6,24
101:7,18 102:3,10
103:2,22 105:19
106:6 108:10 109:12
111:9 112:24 113:8
114:2,10,13,20 115:2
115:12 116:2 117:2,8
117:12,13 118:10,16
120:10 122:14 123:1
125:20 128:1,21
129:3 130:13 131:2,5
131:19,25 132:2
133:4 134:9 135:3,10
135:20 137:4,11,23
141:8,9,21 142:8
143:15 145:16,20,22
146:5,25 147:8,8
148:2,9,10,11,25

149:3,18 152:22
153:3 155:3 158:18
159:6 161:2,6 162:20
162:24 163:25 165:7
166:1,14 167:22
168:6 172:4,8,11,14
174:24 178:2 179:3
181:1,14,20 182:6
183:20,21 189:7
190:6 195:9 197:11
198:10 199:9 201:11
202:1 205:4,22
207:15 208:19 209:3
209:8,17 212:10
213:6,9,13 216:3
220:17 224:4,22
foregoing
6:6 226:6,9
foreign
56:18,20
foresee
16:15
forget
50:21 175:1
forgot
17:18
forgotten
43:14 149:5
form
16:1 18:3,10 19:2 28:9
65:14 84:14 98:6,8
109:13 112:5 114:3,4
115:15,16 117:11
120:5 132:19 133:1,3
135:6,15 136:1
140:18 142:10
144:11,24 147:21
154:10 157:24
163:22 164:10
168:16,22 173:12
176:6,8,12 177:12
179:17,18,24 180:10
182:2,15 185:15
199:25 202:7 206:22
213:8 218:13,21
formally

11:13 36:22
former
84:9 134:8
forming
40:24
forms
74:5
formulating
54:7
forth
43:24 125:2 130:12
149:17 160:14
forthright
87:22
Fortunately
81:6 201:23
forum
119:5
forward
119:10 150:19
found
135:14
foundation
19:18 84:2 123:7
195:9,10
four
7:12 33:10 64:3 96:6
106:7 115:13 117:9
125:25 126:12,14,23
153:4 181:21 205:12
206:20
four-to-one
88:12
frame
46:19 121:23
frank
87:22
frankly
203:4
free
65:4 75:6 89:25
French
8:16
frequently
202:21
friend

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 22
211:23
from
8:13 19:6 24:20 30:24
30:25 31:10 32:18,23
33:19 40:13 41:4,16
42:1,3 43:7 45:5
46:22 47:23 50:10
52:10 61:23 65:9,12
66:2,7 69:9 71:18
72:4 80:20 81:25
83:22,25 84:19 86:24
87:15,21 92:21 93:13
102:18 105:23
108:15,22 110:9
111:2 113:19 115:11
115:12,17,24 116:12
116:20 117:8 120:7
122:19 126:8,9,22
131:10 141:23
145:19 149:1 164:14
164:24 171:16
172:19 173:23 175:8
178:7,13,14 179:11
182:20 183:4 184:15
186:11 187:8 192:2
198:9 200:4 205:19
207:3 212:9 216:22
222:13,20
front
82:8 126:20 153:5
full
89:5 170:19 208:6,7
fully
26:9 141:25 219:4
fund
13:24 175:15
further
73:18 100:23 220:23
224:21 225:4 226:12
226:16
G
GALE
3:10
game
30:11

Page 25
110:11,20,22,24
111:1 116:22,23,24
118:8 126:15 138:8
145:17 158:4 159:25
161:9 173:23 174:6
177:15 181:16,21
182:2 186:2,3 188:13
190:17,18,19 191:25
201:24 213:10,12
214:6,15
hit
153:16
Hold
147:3
holder
191:1
holidays
128:24
home
87:12,17
honest
28:16 87:22 212:17
Honestly
113:21
Hope
84:9
Hosp
35:7 205:10 206:8
hour
101:22 145:24
hourly
125:2
hours
84:3 181:10,21 190:15
201:11 203:4,21
how
11:2 19:6 31:12,22
32:6 51:18 55:9
61:11,17 71:11 81:20
81:24 83:20 84:4,4
88:19 101:22 108:7
117:23,23,24 121:25
125:17 127:13,21
129:16,17 130:17
134:20,23,24 135:23
136:6,11 161:18,24

1-800-325-3376

162:1 166:16,17
170:8 171:9 190:5
194:19,20 203:17
204:16
however
16:23 58:14 110:12
HR
72:13
Hubbert
143:4
human
72:14
hundred
24:17 115:14 117:9
131:8
hundreds
175:19
hungry
101:16
I
I
4:15 6:1 7:8,9,9,13,25
8:1,2,25 10:13,15,20
10:22,23,24,25 11:4
11:6,13,17,18,19
12:3,5,7,8,21,21,22
13:2,3,15,17 14:10
14:13,13,14,17,23,23
15:5,6,10 16:9,15,21
16:25 17:2,9,14,18
17:20,21 18:1,2,14
18:17,19,22,25 19:7
19:8,10,16,19 20:9
20:14 21:8,14,19,19
23:16,19,19 24:22
25:1 26:9,19,23 27:9
27:20,22 28:3,11,11
28:13,16,17,18,18,21
29:3,5,8,19,20 30:7
30:10,12,16,21 31:24
32:3,10,11,21,22
33:4,12,14,15,15
34:2,4 35:3,8,12,12
35:14,15,15,19 36:4
36:5,6 37:4,4,5,7,14

37:15,20 38:4,6,17
38:21,21,25 39:2,4,8
39:9,9,12,13,13,14
39:15,16,23 40:1,1
41:2,13,14,19 42:2
42:17 43:2,14,15,15
43:22 44:3,4,9,10,22
45:1,2,25 46:1,6,7,10
46:14,21,25 47:3,8,8
47:10 49:9 50:15,19
50:21,22 51:7,7,20
51:20,21,21,24 52:5
52:5,8,10,10,15,15
52:16,25 53:1,12,19
53:19 54:3,11,17,18
54:19 55:1,11 56:5,7
56:18 57:14,14 58:12
58:19,24 59:5,13,20
59:20 60:1,15,23
61:1,1,4,8,11,13,17
62:1,2,4,5,10,11,15
63:14,17,22,24,25
64:2 65:13 66:3,12
66:18,25 67:1,3,9,9
67:12,12,14 68:1,4
68:17,20 70:7,7,8
71:8,15,15 72:1,3,11
72:13,21,25,25 73:9
74:3,3,4,6,15,21 75:4
75:25 76:2,2,5 77:24
77:24,25 78:15 79:1
79:1,2,3,16,17,18,24
80:14,17 81:5,18,20
81:21,21,22,23 82:2
82:5,5,6,21,23 83:3,4
83:19 84:7,16 85:22
86:15,15,18,18,22
87:1,1,2,3,4,4,5,11
87:12,12,12,13,13,14
87:15,16,20,23,25
88:3,7,9,11,17,17,22
88:23 89:2,3,8,8 90:3
90:6,9,13 91:1,1,3,4
91:4,9,9,10 92:20,23
92:25,25 93:12,14,16
93:18,25,25 94:2,11

94:20 95:12 96:2,3,8

97:7,7 98:1,1,2,8,10
98:13,15,15,24 99:17
100:10,16,19,23
101:1,7,10,17,18,25
102:12,14 103:9,9
104:6,8,13,23,23,24
105:8,12 106:12,18
106:20,22 107:16,20
108:1,3 109:4,8,8,23
110:1 111:7,16,18,19
111:23,24,24 112:1
112:16 113:17,21,21
113:24 114:7,7,10,18
115:8,8,9,24 116:11
116:12,16,21,21,21
117:13,13,25 118:2,7
119:6,12,13,14,17,17
119:17,18,19 120:2,5
120:9,19,23 121:2,21
121:21 122:4,5 123:6
123:7,8,11,11,16,18
123:24,24 124:21,21
125:24,24 127:4,4,7
127:16,16,17,17
128:1,5,5,5,6,15
129:6,6,10,12,16,19
130:6,17,17 132:6,12
132:19 133:14,20,25
134:6,18 135:1,1,2,2
135:2,7,7,9,9 136:4,6
137:8,10,10,12,17
138:2,6,9,10,15,17
138:20,22 139:6,8,16
139:18,19 140:8,11
140:12,13,19,20
141:6,7,14 142:4,10
142:19 144:5,12,13
145:13,13,21,23,23
146:9,13,21 147:16
147:22,23 148:3,15
148:23 149:5,6,14,15
149:21,22 150:4,5,16
150:16,16,17,18,20
150:25 151:4,6,7,18
151:19,22,25 152:2,8

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 26
152:11,11,12,14
153:16,25,25 154:1
154:12,13,17,22,24
155:12,13,13,20,21
155:22 156:10,12,15
156:15,19,19 157:2,9
157:12,16,25,25
158:1,1,11,16,18,19
158:19 159:2,2,4,14
159:18,24,25 161:8,8
161:12,12,15,21
162:19 163:6,6,14,23
164:2,4,4,13 165:2
165:10,10,11,11,12
165:20,20 166:4,9,12
167:24,25 168:1,12
168:13,14 169:14,25
170:3,7,7,10,12,14
170:21,21,21,22,24
171:7,7,8 172:19,20
172:21 173:6 174:8
174:16,25 175:1,14
175:21,25 176:11
177:1,4,14,18,18,19
177:20 178:4,4,5,12
178:12,15,16,19,19
178:22,25 179:5,6,6
179:8 180:4,4,20,22
181:1,9,10,24 182:1
182:5,25 183:2,10
184:2,8,9,10,10,13
184:21,24,24,24
185:10,11,13,20,21
185:21 186:7,7,16,19
186:20,23 187:3,6,11
187:22,23,23 188:1,2
188:2,6 189:9,24
190:1,4,5,5,8,10
191:2,4,16,18 192:1
192:5,20,25 193:16
193:16,16,17,22,22
193:22,23,23,24
194:1,1,3,5,6,8,9,16
194:18,24 195:3,3,17
196:5,8,9,15 197:19
197:19,20,25 198:5,5

1-800-325-3376

41:16
MARTIN
1:12
Martin-Bryant
23:2 97:9
material
62:8
matter
8:20 45:12 54:5,15
57:5 58:9 66:23 93:3
124:8 140:23 145:18
199:10
matters
28:24 47:21 66:11,20
may
16:24 17:8 28:10
35:14 37:5,14 39:23
43:14 55:5,11 60:20
67:12 68:16 84:2
87:13 93:5 98:24
110:24 129:15
137:10 148:7,20
149:4 169:11 171:8
173:25 187:4 191:25
202:18 206:10
212:14,14
Maybe
166:12 177:19
Mayfield
3:13
Maynard
3:10 83:22
Ma'am
37:22
McMillan
8:16
me
6:7 14:15 16:25 19:21
29:17 30:23 31:15
32:6 34:12 37:23
39:1,18 40:19 41:2
41:17 42:1,3 44:4
45:6 46:7 48:20 49:1
49:17,20,24 50:7,16
51:11,15,20 53:11
54:11 56:6,13,18,18

56:22 57:21 61:23

64:5 68:21 69:9
71:14,17,23 72:4,16
74:5 77:22,22 78:1
79:1,2,4 80:19 86:19
87:22,23,24 88:19
90:8,13 96:3 98:16
98:23 99:1,19,20
100:6 102:12 106:7
106:22 108:2,6,7
109:21 113:1 114:22
116:6 117:12 118:1
122:16 123:1,13,18
123:23 125:16
128:14,17 129:16
133:12 135:20
137:15,16 141:13
146:6,15 148:22
149:22 152:24 153:1
154:3,14,21 155:5,8
156:22 159:7 161:10
166:5 167:16,17
169:1,5,9,17 172:18
173:15 174:21 175:1
177:15,21,22 178:12
180:4 183:20 184:10
184:12,13,16,17
187:13,13 188:6
189:22 191:12,20
193:12,18 194:1,18
195:23 197:12,24,25
198:10,15 199:7,11
200:20,21 204:10
207:6,24 210:1
211:22 214:20
216:12,22 218:4
219:25 220:4 221:9
221:11,23 222:13,15
222:20 223:8 226:6
mean
29:19 36:5 38:21,25
61:1 64:2 66:10 98:8
99:2 101:13 104:24
108:3 116:11,21
120:9 123:24 124:21
124:21 127:7 128:5

129:11,16 132:20
138:2,9 151:6 157:16
164:13 177:1 178:22
184:2,9 185:20,21
186:20 192:1 194:24
196:5 198:5,18 202:8
202:20 204:1 208:24
210:4 213:20 221:15
meaning
106:15
means
127:1 169:18 226:8
meant
149:14
media
29:21 32:12 98:15
107:23 109:5 112:9
112:19
mediator's
175:16
meeting
26:24 27:8,11,13,15
27:17,24 28:2,6,22
29:4 32:10,17,22
33:7 41:21 42:5,10
43:10 44:5 52:16,23
53:3 59:19 68:24
69:4,5,12 74:23 79:9
79:17,25 80:2,8,21
84:24 85:16,25 87:19
88:4 96:1,19 97:4
109:8 148:14,15
149:23 150:7,22,24
151:8,10,13 152:3,6
153:22,22 154:5,8,19
155:10,15 156:4,7,16
156:20,20 158:1,2,6
158:20,23,24 159:17
160:15 161:7,13
162:11,13,22,24,25
163:17 165:14,17
171:23 172:25
173:17,21,22 176:1,2
178:9 179:16 181:9
181:20 189:12
190:12 193:6,10,14

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 35
194:25 197:4 200:14
202:4 203:9 204:15
204:20 207:12,24
208:7,10,13 209:14
221:9 223:15
meetings
150:12 151:7 171:20
179:5
member
32:5,8
members
27:4,10 115:11
memo
32:18,22 33:7,19,25
34:5,17,21,21,24
35:3,5,8,11 36:5,19
36:25 37:13 39:10
41:16,18,25 42:3,5
42:10,23 57:17 69:15
69:24 70:13 72:3
79:6 83:21 84:5,17
86:3 95:16,17 97:4
125:15,21 126:7,11
126:12 127:3,5,6,9
127:12 128:1,19,20
129:4,8,8,9,12,18,19
129:20,21 130:3
131:22 132:7,15
133:7,11 135:12
140:6 145:6 146:11
175:22 176:3,5,9,17
176:21,22 177:3,10
177:19,25 181:7,15
181:17 182:9,20
183:10 187:8,14,21
187:22,24 197:16
199:20 200:8 205:8
205:10,13,15 206:1
206:21 207:4 222:13
222:20 223:1,23
224:1
memorandum
5:5,17 13:9 15:24 20:7
21:23 22:2,15 34:9
35:17 36:11 38:16
40:11 43:17 44:6,9

1-800-325-3376

51:9 62:19,19 63:2

63:10 64:8 65:8,25
85:3,19 94:12 95:7
100:8 122:18,23
130:4 134:6,19 149:8
149:24
memories
82:23
memory
35:5 43:2 91:3 107:21
161:5 172:14 193:13
205:12
memos
35:15,16 84:7 156:18
176:14
mental
38:3
mentioned
69:23 106:21 178:8
mentions
163:14
merit
28:23 141:2,19
mess
112:8
met
14:13 66:4 72:13
77:11 155:21 181:20
201:10
middle
118:25 217:18
midway
106:8
might
21:12 39:13 49:9
74:10 92:7 110:10
136:23 147:7 210:3
212:6
mind
74:19 139:25 143:24
185:11
mine
37:20 128:18 141:5
221:24
minor
130:12

minute
37:15 94:18,23 99:20
minutes
11:9 146:15 203:23
204:6 220:18 222:1
misleading
87:24 126:25
missing
151:23
mistake
97:6
mistaken
59:23,24 60:13 82:14
Mitchell
3:12 223:12,24
moment
39:1 49:2 53:11 98:24
100:7 103:19 139:13
179:11 220:1
moments
179:4
Monday
10:24 155:18 156:2
184:18 188:16,21
money
124:6 125:18 127:21
134:20,23 211:2,11
212:9,10 217:20
Montgomery
206:15
month
180:25
months
13:19 36:20 43:21
131:6 149:12
MOORE
2:7
more
19:5 24:9 56:6 63:19
67:4,24 70:11 91:14
93:6 95:17 99:24
109:20 110:17 113:6
120:22 127:10
136:24 138:19,20
143:8 154:25 163:19
164:18,20 176:14,16

204:1 215:25
morning
6:23,24 71:5 72:9
120:20 138:4 158:21
177:5 181:7,15
183:11 184:17,19
187:2 188:23 189:25
190:6,13 203:8
morning's
102:14
most
9:12 120:25
mostly
50:14
motion
23:2 90:25 91:3 161:5
161:7,13
motivated
204:17
move
19:6 20:4 75:23 78:17
159:19
moved
168:1 206:15
moving
119:10
Mr
2:8,16,17 3:4,11,12,13
3:21 4:2,18,19,21
6:20,22,23 7:20 9:14
9:15,18,20,22,22
10:5,7,7,17 12:9 16:1
16:5,6,8,14,17,19,20
16:22,22,23 17:1,5,6
17:6,14,16,17,18,20
17:22 18:1,2,6,14,19
18:22,24 19:3,7,11
19:13,14,21,23,25
20:1,2,5,6,13,14,16
20:20 21:1,3,8,14,21
21:22 22:8,9,10,11
22:13,14 23:7,9,10
23:12,16 26:3,7 27:7
28:9,14 29:19,25
30:2,2,5,9,10,16,18
30:23 34:7,8,12,13

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 36
34:14,19,20,23,25
35:2 36:2,4,7,9,10,11
36:14,15,17 37:2,4,7
37:10,14,16,18,20,22
38:2,12,19,21,23,24
38:25 39:2,6,11,18
39:23,24 40:1,5,12
40:15,17,19,20,21
41:9,11,12,20 42:14
42:18 43:23 44:4,18
45:6,9,17,21,22,25
46:1,5,7,9,10,17,21
47:2,5,7,9,11 48:3,5
48:6,8,10,19,24 49:3
49:4,9,13,15,23
53:23,24 54:1,7,9,14
54:17,25 55:2,5,8,12
56:12,20,22 57:10,18
57:19,21,22 58:2,4,6
58:12,17,21 60:1,5,7
60:11,19 61:1,4,8,21
62:2,11,13,14,15,17
62:18 63:3,4,12,15
63:24 64:2,4,7,9,11
64:14,17,20,21,24,24
65:9,11,13,15,16,19
65:22,24 66:1,4,9,12
66:14,18,25 67:2,14
67:17,18,19,22 68:2
68:6,8,9,19,20,21,23
68:25 69:1,3,5,6,7,10
70:3,5,15,23,25 71:9
71:11,13,15,16,23
75:18,21,22,24 76:1
76:4,5,7 77:13 78:3,4
78:7,11,12,15 79:7
80:12 81:2,7 82:13
82:19 83:16,17,22,25
84:1,4 85:6,9,10,11
85:14,25 86:4,7
87:21 90:3,8 94:15
94:17,20,21,24 95:2
95:6,10,12,14,15,18
95:20,22,24,25 97:12
97:15,16,18,19,24
98:2,4,6,8,11,25 99:4

1-800-325-3376

99:7,10,12,14,16,25
100:1,9,10,23 101:1
101:3,5,10,12,14,19
101:20,21,24,25
102:2,4,6,7,10,13
103:1,6,9,11,18,21
104:8,16 105:13,16
105:21 108:6,12,17
108:21,25 109:1,6,13
109:14,23 110:2,6,7
110:19,22,24 111:4,5
111:22 112:5,9 113:4
113:7,14,15 114:3,4
114:5,8,22,24 115:4
115:5,5,15,16,17,19
115:20,22 116:1
117:11 118:5,16,20
118:21,22 120:5,14
120:15,19,23 121:2,4
121:6,9,12,13,16
122:2,3,16,23 123:1
123:6,9,11,12,15,16
123:21 124:19,23
126:3,6,15,17 128:12
128:14,19 129:13,22
130:4 132:19,25
133:2,4,9,22 135:6
135:11,15,19,22
136:1,4 137:16,17,22
138:12,13,15,17,24
139:21,23,24 140:2,5
140:7,8,9,10,15,18
142:4,10,12,13,14,15
142:18,20,21 143:5,8
144:11,14,18,19,20
144:22,24 145:1,4,6
146:14,17,20 147:2,3
147:4,7,10,14,14,21
147:25 149:16,22
151:19,22,24 152:3
152:15,18,19,24
153:3,10,14,18
154:10,11,16 155:7
157:7,8,12,14,16,19
157:24 158:3 159:22
159:24 160:2,6 163:8

163:16,22,24 164:2,6
164:10,13 168:16,18
168:22,23,24 172:23
173:12,19 174:8,10
174:12 175:4 176:6,7
176:8,10,12,15
177:12,13,14,16
178:17,21 179:17,18
179:19,24,25 180:10
180:11,15 182:1,4,5
182:8,15,16,18 183:7
183:9 185:8,12,15,17
185:20,22,23 186:1
186:16,23,24,25
187:3,6,7 188:10,16
188:23 190:17,18,21
191:22 192:5,8,16,19
193:3,5 194:3,3,6,8
194:11 195:5,8,10,12
195:14,16,17,19,21
195:23 196:1,3,7,9
196:10,13,15,17,18
196:20,22,25 197:1,3
197:3 199:25 200:8
201:3,9,11,13,19,24
202:7,8,10,12,14,15
202:22,25 203:5,15
203:17,19,22,24
204:1,2,3,5,7,10
205:6,22 206:22
207:2 211:19 213:8,9
213:14,16,18,20,23
213:24 214:1,4,7,9
214:10,12,17,20,22
214:23,25 215:1,3,5
215:9,11,12,13,14,15
215:19,20,22,24
216:1,5,8,9,11,13,15
216:16,18,19 217:1,2
217:5,9,10,12,13,16
217:17,24 218:1,2,4
218:6,10,13,14,15,21
218:23 220:7,8,9,11
220:13,17,19,22,24
221:1,2,11,13,14,17
221:20,23 222:2,4,6

222:7,16 223:4,7,9
223:11,12,14,16,17
223:19,24,25 224:2,4
224:6,8,9,14,15,17
224:20 225:1
Mrs
14:13 64:7 66:5 68:25
Ms
3:14 4:10 72:17 75:1
206:17 221:18,22,25
222:8
much
32:6 39:15 83:20
102:10 118:3 127:21
224:21
multiple
131:24,25 132:16
multitude
179:1
multi-hour
79:16
Murphy
3:14 35:7 205:11,12
206:17
Murrill
3:21 102:2
must
90:11 95:12 141:8
208:25
mutually
184:14
my
8:11 10:25 14:1 16:7,7
16:25 19:11,14,19
25:2 35:5,5,6 40:21
44:10 47:6 49:21
50:2 51:24,24 52:5,6
53:5 54:11,12 55:12
56:25 57:1,11 59:15
62:13 68:3,10,18
70:12 72:11 73:16
77:22 78:18 81:18,19
82:21 84:9 86:6 87:4
87:11,14 88:11
101:17,17 102:11,15
102:16 106:18

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 37
107:21,22 110:15
111:8,17 113:8
119:24 121:14
126:17 130:6 132:6
133:12 136:21 139:1
139:12,14,19,25
140:11,21 142:5
143:24 145:14,17,22
146:15 147:2 148:25
153:10,18 154:16
157:10 164:11
165:25 168:7,7,17,17
169:25 170:1,25
171:1,5 172:14,20,22
174:20,21 175:7,20
177:7 178:22 181:23
181:23 182:6,18
183:4 184:2,3,15,25
185:1,2,3 187:24
189:11 190:8,9,11
193:9,13 194:12,16
195:23 197:10
199:12 200:4 204:21
206:7,25 207:22
209:21,21 210:23
214:1,18 216:3
218:10 220:5,13
222:22 226:19
myself
32:21 74:4 114:14
117:13
N
N
2:5 4:5,15
NAACP
1:17
name
6:25 35:6 96:25
171:16 226:19
named
14:11
names
205:9,13
nature
78:24 184:4

1-800-325-3376

necessarily
60:22 103:25
need
18:17 19:10 27:19
37:15 41:23,23 44:17
49:4 53:19 58:12
60:1 67:18 74:3,6
153:14 157:16
171:19,19 173:4
174:14 182:2 186:17
195:21,22 204:22,23
204:23 207:15 217:8
222:11,18 223:5
224:24
needed
24:20 89:10 184:6
needs
93:14,15,18
negative
31:19 33:21 46:13
116:19 117:6
negatively
116:3
negotiate
189:3
negotiating
80:10 82:16 83:1
201:17
negotiation
81:1 114:16 189:1
201:5
negotiations
79:14 80:5,13 81:4,10
82:20,22 83:3 188:14
189:6,8 201:15,20
202:1,20
neither
226:12
neutral
204:22,23
never
18:16 43:21 87:2,5,23
118:1 131:20,20
149:12 165:2,24
184:25 185:1,2
208:22,22

new
2:11 80:11 81:2,15
82:1,9,11,15 93:24
94:3 97:23 201:18
news
36:18 37:1,12 56:13
newspaper
39:10 40:10 94:1
108:15 121:7 123:24
182:25
next
10:24 41:2 81:10
110:13 140:14
164:22 189:2 202:2
202:22 203:7
night
175:20 189:16,17
190:14,15,23 194:14
199:1 216:6
nine
139:2
nine-month
209:18
no
1:6,11,16 4:17 8:22
9:9,17 11:22 13:6
14:6 15:2,10 18:20
18:24 21:5,5,10,11
21:16,17,18 23:9,10
26:5 28:25 31:11,21
38:10 40:17 45:1
46:9,11,16,17 47:3,5
47:6,7 48:5,7,8,15
49:13,16 50:2,3,25
54:6 55:1 59:1,5,15
59:15 61:8 62:22,25
63:6 65:2,23 66:12
66:17 68:1,2,9,9 69:7
69:13 70:21,22,23,24
73:6,12 75:4,17 76:2
76:4,17,21 77:1,5,9
77:12,16,20 79:1
80:6 82:5,11,12 85:9
85:10,11 87:1,11
88:22,24 89:7,21
97:15 99:12,12 100:5

100:13 102:2 105:4

105:16 106:18
111:14,16,16 112:6
114:14 115:24
116:11 117:22,22
118:6 120:9 121:6
122:8,12 123:3 126:2
128:6,17 129:24
132:8,9,12,14 136:15
137:12 142:16,20
145:3,3 146:2,3,11
150:20 151:25
153:12 154:14
155:20 157:18
159:12,14 160:10,14
161:12 162:6,6
168:15,19 169:4,8
170:21 171:17,19,21
173:19 174:10
176:13,25,25 177:1,1
177:3,3 179:20 180:1
182:7 183:23 186:9,9
187:15 188:17 190:3
193:10 195:21
196:13 199:14
200:10,20 203:21
204:2,5,19 209:7
210:6 212:12,23
213:23 214:20,20,23
215:14,19 216:13
220:3,8,11 221:25
nodding
38:19
None
45:2
nonstop
81:25
non-employees
105:11
non-party
56:13
nor
226:13,14
normal
51:23 208:8,9,11
North

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 38
3:15
NORTHERN
1:2
not
6:20 8:21,21 9:2 10:23
11:13 12:4,21 13:15
14:6,6 15:10 16:6,10
16:19,20,23 17:2,7
19:18 21:6 22:11,13
23:19 27:23 28:16
30:11,11,16 32:5,6
33:9 34:4,9,11,14,17
36:6,10,16,21 37:5
38:13 39:13 40:8,22
41:7,14 46:3,8 47:19
48:8 49:16,19,24
51:11,17 52:22 53:12
54:18 56:8,16 57:13
58:15,18 60:24 62:4
62:15 63:13 64:5,21
64:22 66:3,22 67:8
67:16 69:23,25 71:16
74:7 75:4,15 76:12
79:12,18,21,22,23,24
80:3 81:8 82:11,21
85:11 86:5,5 87:1
88:22 89:24 91:10
92:7 93:25 94:11
95:12 97:6,16 98:21
99:9,12 100:3 101:4
101:17 102:16
103:25 104:14
106:16,22 108:23
110:24 112:17,18
113:12 114:18
115:24 116:11,24
117:1,25 118:3
120:18 121:4,12
123:13,23 126:1
127:5,5 128:4,22
129:6 131:4 133:17
133:20,23 134:6,6,7
134:15,18 136:7,23
137:8,10 138:5,9,10
139:8,10,21,24
141:14,15,22 143:17

Page 41
27:16 85:8,15 119:5
59:6,22,23 63:21,21
119:11 150:8,13
64:3,7 66:17,22
151:10 154:19 156:7
67:16,20 68:13 70:10
160:15 161:7 162:10
70:10,21,22 72:3
162:22 171:23
76:9 78:17,23,23
173:22 179:16 214:5
79:21 81:16,17 83:4
223:15
83:5 84:12,18 87:25
opened
88:10,25 91:4 93:13
99:7,11 101:18
194:4
104:14 105:10 106:2
opening
108:18,19 109:16
177:23 201:1
110:17 111:7 112:3
operating
112:17,20 113:16
168:6 169:16,20,22
114:14,15 115:6
171:16
116:19 117:2 118:3
operation
119:11,14 120:9,18
38:3 141:2
122:2,6 125:3,4,16
operations
128:4 129:6,7 131:6
208:9
131:14 132:4,9
opinion
135:14 138:9 144:5
40:24 42:11 116:24
150:8 151:3 152:13
175:14
152:17 154:1 155:10
opinions
155:17 156:6,13,20
116:23,23
159:13 160:10
opportunity
161:23 165:7 166:2
173:2 184:8
166:11,17,25 167:2,6
opposed
167:7,20,23 168:1
44:15 105:9,10 131:25
169:11 173:16 174:7
132:17
174:9 180:5 183:4,23
opposite
184:24 185:4,24,24
162:7
185:24 186:17,17
option
187:16,17 188:18,18
101:17,20
191:1 192:4,21 193:1
or
193:12,17,18,20
8:2,20 9:14 10:24 11:9
194:1,9 197:11
13:13 14:21,24 15:4
199:12 200:4,5,11
18:4 20:19 21:10,11
202:18 203:13 209:4
21:16,17,18 23:9,10
209:4 210:3,3 211:18
29:17 31:5 33:25
212:14,20,20,20,23
34:2 36:18 39:13,16
213:11 217:20 219:4
40:9,20,24,24 41:14
oral
42:25 44:14 45:11,16
6:11 45:3 47:1
45:22,24 46:11,16
orange
47:3,6,7 48:2,5,7,8
48:14 49:13,16 51:16 136:22
oranges
51:19 52:1 53:18
54:6,8,23 55:1,1 57:4 127:1

1-800-325-3376

order
55:23 92:2 141:6
191:14 194:18,19,22
197:5,9,10,16,17
199:11,11 200:19,20
ordered
194:20
organization
5:9,19,21 44:16 59:4
73:24 74:12 92:12
93:7,21,24 94:4,14
97:11,23 98:14
105:22 106:3,6,14
107:5 148:10,19
150:11,20 151:10
156:9 157:21 158:8
159:1 160:9,12,16,23
161:1,2 162:2,5
163:20,25 164:15
165:24 166:18 168:9
170:17,19 174:24,25
180:17 223:2
organizational
42:13 43:18 149:9
organized
170:6,8
original
51:14 166:10
originally
78:25
other
8:8,10,12 9:2 11:16,17
18:10,13 19:1 44:9
48:24 65:10 68:12
69:11,15,20,23 70:1
70:9 84:7 86:9 104:5
104:6 106:21 111:3
116:18 117:19
130:22 134:4,12,14
135:25 136:8,12,15
140:25 141:9,11,17
142:22 143:18 151:7
151:16 152:7 156:6
156:14 159:13
166:12 169:18 175:9
175:19 176:3 177:9

181:18 183:23
186:12 187:16
188:18 199:24 200:4
200:11 205:18
206:23,23 210:5,6
211:1,10,11 212:10
219:3,3,4
others
9:2 29:17 103:14
106:14 142:16 144:2
Otherwise
192:12
other's
9:3
our
32:9 38:10 56:3 79:15
80:11,12 81:2,3,6
119:1 121:17 141:21
141:21 142:2 175:10
188:14 201:12,18,19
201:23
out
8:23 11:19 28:18
36:23 44:6 47:5
52:25 53:2 64:23
72:11 73:16 96:25
102:21 127:9 131:5,7
140:11 141:23
143:17,18 146:15
149:24,25 151:2,4,14
152:4,10 153:23
154:17,19,21 155:9
155:13 156:21
158:25 159:2,3
162:14,16 165:11,12
165:16,17 167:21
171:5 173:1 177:25
196:18
outcome
146:10 182:9,12
209:10
outline
140:11 146:15
outlined
32:19 42:12 207:18,20
outlining

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 48
166:21 226:18
reports
15:6
represent
156:1 172:21
representatives
81:14
represented
130:6 203:2 211:15,18
219:23
representing
173:15 206:24
represents
132:16 207:8 226:9
request
55:16 85:2 86:2,6,8
94:8 114:8 115:12
116:20 117:7,13,14
125:16,20 154:25
requested
37:24 114:10
requesting
116:4
requests
198:10
require
58:11 168:2,8
requirement
141:5,11,11
requirements
141:6
requires
60:18 124:9,11
reread
19:4
research
143:14 171:7
reserve
18:15
reserved
18:10
reserving
18:13
resolution
5:9,19,21 10:21 41:22
42:13 43:24 59:3

1-800-325-3376

73:23 74:10,11 88:8

88:10,10 93:21,24
94:3,13,18 97:11,23
98:14 105:22 106:5
107:5 117:15 137:13
148:9,18 149:17
150:10,20 151:9
152:4 153:9 156:8
157:21 158:7 159:1
160:9,12,16,23,25
161:2,3,25 162:2,4
163:20,25 164:9,12
164:15 165:23
170:16,19 171:25
173:5 174:15 179:14
180:9,16 208:18
209:15 210:14 221:4
222:11,18 223:2
resolutions
114:12 116:16
resolve
110:12
resolved
153:6 220:2
resources
72:14
respectfully
224:3
respond
123:5 173:2 192:19
responded
139:12 191:2
response
24:13 38:11 43:23
61:20 70:4 86:14,17
86:21,25 87:2,8
125:19 149:16 173:2
174:13 193:6
responses
115:23 148:1
responsibilities
8:19 13:5
responsibility
9:5 11:25 14:22,24
67:11 102:19 159:25
213:5

responsible
12:6,9 168:5
rest
137:23 141:23
restarted
141:22
restate
48:9 57:19
restrict
56:25 57:1
restroom
132:10
result
125:15 226:15
resulting
90:18
resumed
15:15 91:13
resumption
15:20
retaining
14:22
retaliation
217:23
retire
88:16
retired
8:1,15 10:22 12:7,10
retirement
10:17 88:22 103:15
209:5,11 210:11,16
210:19 211:1,5 212:9
212:25 217:20
218:18
retiring
211:13
retraction
61:25
retrieved
87:15
retrieving
54:9
returned
51:20 52:10 84:19
reveal
16:11,24 23:13 36:6

58:5 61:7 191:10

revealing
16:14 35:23 53:17
54:5,16 55:8 57:6
58:9 78:5,21
reveals
78:16
review
33:21 130:9 131:3
162:17
reviewed
102:14 127:2 130:7,20
130:23 131:14,19,23
132:17,22 135:12
172:21
reviews
131:11 132:23
revised
166:11 175:12
revising
179:14 180:9
revolve
102:22
RE-EXAMINATION
4:20 220:25
Richard
4:5 6:7
ridiculous
186:22
right
10:15 12:8 16:8 26:2
30:23 34:13,23 38:24
46:17 55:14 57:18
61:4 63:24 68:21
75:21 77:23 78:25
80:1,1 90:8 94:21
95:17,24 101:15
103:5,20,24 104:18
104:22 105:7,8
118:12,16 121:9,14
123:22 124:8,10
125:23,25 126:12
127:19 131:4 132:13
133:25 139:9 140:9
143:24 146:13,20,22
148:4 150:21 153:7

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 49
154:16 158:3 159:6
160:6 164:6,25 165:5
167:19 168:24 170:9
170:15 171:23
177:11,15 178:11
179:19,20,25 180:2
181:12 182:10,14
183:15,16 184:1,7
191:22 195:19 197:5
197:9 206:2,7,18
207:6,14,18,25 208:2
208:7,15,19 209:6
210:12,17,21,22
211:8,9,20,25 212:15
212:21 213:3,7 216:3
216:16 219:8 220:4
220:16,19 222:6,24
rights
2:15 212:14,23
RILEY
3:20
RINGING
39:5
risk
61:12 209:25 210:3,4
210:8,9,17
Robinson
3:14
role
14:21,25 23:5 28:25
163:19
room
2:18 4:4 31:19 78:20
86:9 206:19 211:21
routine
112:3
Rowan
2:8 55:12
rule
92:21 93:2 137:25
174:22
rules
6:5 18:15,21,25 58:10
83:10 92:14 93:3
170:5 191:18 194:22
197:12,21

1-800-325-3376

142:7,7 143:15 144:8

run
144:16 145:1 209:18
61:16
same
runway
84:7 100:21 109:14
141:8
117:18 139:4 140:25
[email protected]...
141:8 154:1 158:20
2:12
181:9 182:13 206:2,5
S
sat
S
106:22 192:1
2:5
satisfaction
sacrifice
181:17
183:18
satisfactory
safe
119:3,22 120:1 121:19
178:25
122:9,10
said
satisfied
10:13 13:17 18:20,23
182:22
34:21 37:6 42:18,24 save
44:13 58:7 60:12
125:18 134:20
64:7 68:3 75:25 76:2 saved
76:4 79:24 85:1,8,12 127:21
85:15,20 87:4 93:18 saw
97:7 103:9 114:5
75:6 116:3 153:25
118:6 119:13 120:17
157:12 208:22,23
121:10 122:3 137:10
209:1
139:17 142:15,16,18 say
142:20 148:20,20
8:25 16:25 21:9,17
149:14 155:15 157:2
22:25 34:3 38:22
157:9 162:12 170:4
40:19 43:13 46:1
173:3,9,17 175:4,5
52:20 54:20 62:4
177:14 178:6 179:21
67:18,20 74:10 79:18
181:10 182:5,24
86:1 89:9 90:3 91:18
187:12 188:6 190:5
93:22 97:3 99:17
190:17,18,22 191:4
101:11 102:12 118:8
193:9 194:1,16
119:10 128:20
195:15 197:19
132:22 136:20 137:1
200:22 201:1 202:12
138:12 143:23 149:3
202:14,22 205:9
151:1 154:18 156:5
209:22 225:6 226:11
161:8,19,23 163:2,9
226:11,15
168:19 169:25
SAITH
178:25 198:6,6 200:1
225:4
200:8 204:6,21,22,23
salaries
214:21 217:24
117:16 134:24 146:8
saying
salary
21:15 28:22 29:3,16
117:10 136:12 137:3,6
31:18 32:4 33:4,13
138:8,25 139:1,13,19
33:16 42:10,22 44:9

60:20,25 61:5 68:1,5

79:18,24 80:8,17
87:20 120:24 121:5
123:3 126:11 138:14
138:16,20 148:16
154:7,13 158:4 161:4
176:1,18 186:14
187:12 197:15
199:24 204:25
209:24 214:10,25
222:17
says
43:19,19 58:5 74:12
82:14 110:9 119:1,9
121:17 126:23 130:5
130:8 132:21,21,22
149:10,10 153:8
169:10 171:10
187:14 198:19
200:10 217:3
scale
140:22 141:2
scales
114:13 136:20
scenario
16:21 17:4
scenarios
30:22 62:5
schedule
56:1,4,17,24 57:1,8
184:14
scheduled
189:1 201:4 203:6
school
7:9,11
school's
175:15
scope
55:16 138:4,18 214:11
second
7:13 8:11 16:21 37:15
48:19 60:6 116:6
123:2 137:17 155:7,8
188:9 221:12
seconds
39:23

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 50
secretary
84:9 131:9
secure
72:12
security
72:15,19,23 73:7
77:11 129:2 185:13
186:5 187:25
see
16:21 18:22 22:18
30:6 43:4 50:17,20
54:11 55:11 67:9
80:19,21 90:1 97:6
106:12 118:25 166:9
174:8 214:12
seeing
23:17 29:12 122:6
seek
66:16,22
seeking
20:23 31:10 66:2,6,10
68:11 209:23
seem
151:24 217:14
seemed
67:24 184:15
seemingly
204:16
seems
56:18 156:4 223:7
seen
13:3 41:18 52:8
147:15,17 153:21,24
164:5 208:23
SEIBELS
1:19
selected
11:3
selective
61:17
self-interest
204:17
send
84:8 220:4
senders
205:9

1-800-325-3376

sensationalized
112:20
sense
154:14 171:21 212:10
217:8
sent
42:11 63:3 83:21,23
176:3 205:13 206:21
207:4
sentence
106:8 127:2,4 187:24
188:8,9
sentiment
116:20 117:7
separate
38:6 171:20 212:9
separated
88:24 205:19
separation
137:20 205:16
sequence
147:11,12,15,17
series
5:18
serve
107:11
service
88:1 104:20 105:5
services
27:1,4 79:9 88:6 92:18
172:18 208:5 221:9
session
80:10 81:1 159:17,19
159:21 162:8 173:7
174:17,19 189:1
201:17
sessions
165:18
set
114:13 117:15 137:13
204:3
sets
10:21 133:16
setting
119:11,14
settlement

5:22 79:14 80:5

188:14 190:25 201:5
203:7 207:8 211:3
212:8
settles
224:4
seven
32:19 33:1 203:20
seventy-five
115:13 117:9 137:7
seven-hour
137:25
several
13:18 28:24 31:24
41:15 43:21 91:8
96:15,21 106:21
142:17 149:11
173:13 179:3 198:8
198:21 201:11 203:4
severance
210:20
Sewell
1:24 5:3,5,7,17,21
6:10,14,23 7:2 16:14
16:17,20,22,23 17:5
17:6 30:2 39:18
42:14 45:9 50:4
64:24 71:10,19,20
80:12 81:2,7 87:21
102:13 108:22
110:10 111:4 115:2,5
122:19 125:22
126:23 137:22
139:24 147:14 155:7
156:25 157:2,10
158:6 174:10 183:6
188:10,16,23 197:3
201:3,9,11,19,24
202:25 203:5
Sewell's
16:19 22:13 30:2
63:15 137:17 201:13
sewer
13:22 96:14,21
shall
74:13 106:9

share
86:20 89:25
shared
128:20
Shawnna
8:17
she
14:14,25 15:6 52:19
52:20,22,24,25 53:1
53:2,2 72:15,17 75:1
84:10 100:22
sheriff's
102:3
she's
14:17 206:19
shift
44:1 149:19
shocked
203:4
short
40:3 49:7 64:12 94:25
99:21 146:18 204:8
220:20
shortcut
46:8
Shorthand
6:2
should
27:23 28:5,13 38:11
60:23 61:13 70:19
78:20 90:3 116:14,14
164:16 178:23
195:19
shouldn't
78:5 89:2 196:5
show
27:20 50:7 71:23
113:1 114:22 122:16
152:24 195:14
216:20
shown
27:20
sick
128:24 217:20 218:17
219:2
side

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 51
28:15
sign
224:25 225:1
signed
137:20
significant
80:11 81:1 201:17
significantly
206:25
signify
196:8
similar
45:16 93:7 108:21
134:11,25 136:12
143:16 145:9 196:11
201:6
similarly
136:9,9 143:15
simple
104:7 192:8,10
simply
27:20 142:5 160:3
172:20 179:11
184:12 190:11
since
16:12,18 133:20
137:25 171:4 192:9
single
71:13 74:8 131:13
single-page
71:18
sinister
142:2
sir
24:22 26:5
sit
174:1
sites
116:2
sitting
52:1 84:18 119:18
143:25 167:24 179:7
202:17 206:19
situated
111:12,19
situation

1-800-325-3376

96:4 104:12 166:22

six
50:18,24 53:14 54:15
55:10 58:22 59:2,10
59:16,17,25 60:8,13
60:13,17,21 61:6,9
61:24 62:1 84:3
133:15 167:19,21
180:25 181:10 201:7
Sixth
3:15
size
125:8
sized
136:9,10 143:16
skill
133:16
sleep
85:21 86:1
slowly
24:12
Smith
3:11 4:19 8:17 16:1,6
16:22 17:1,6,22 18:6
18:22 19:11,14 20:13
20:16,18 21:1,8 22:8
22:10 23:7 25:5,18
25:19 26:20 28:9
29:2,19 30:5,10,18
34:7,19,23 36:2,9,14
37:2,7,14,18,22 38:2
38:21,25 39:23 40:1
40:19,21 41:11 45:6
45:21,25 46:5,17
47:2,5,9 48:3,8,19,24
49:15 53:24 54:9,17
55:2,5,12 56:20
57:10,22 58:2 60:1,5
60:11 61:1,8 62:2
63:12 64:2,9,14,17
65:11,15 66:9,18
67:2,17,22 68:6,9,20
69:1,5,7 70:3,23
75:18,24 78:3,7,12
82:8 83:16 84:1 85:6
85:10 90:3 94:17,21

218:1,4,10,15,23
95:2,6,10,15,20,24
220:8,11,17,22 221:2
97:24 101:5,12,19,21
221:11,14,20,23
102:7,10 103:1,9,11
222:2,6 223:7,11,14
103:21 104:16
223:17 224:2,8,14
105:13,16,21 108:12
108:21 109:1 110:2,7 Smith's
110:22 111:5 112:9
25:12,16 91:8
113:7,15 114:8,22,24 so
115:5,19,22 116:1
8:4 10:1 16:15 18:15
118:5,16,21,22
18:23 19:14 20:3
119:13 120:14,19
21:12,22 27:19 29:25
121:2,6,12,16 122:3
29:25 30:18 33:19
122:16,23 123:6,11
36:6 38:6,9 39:4,9
123:15,21 124:23
41:2 43:25 44:10,11
126:6,17 128:14,19
44:15 45:13,17 46:3
129:22 132:25 133:9
51:7 54:6 55:8,19
133:22 135:11,22
56:2,3,7,9,17 60:19
136:4 138:12,15,24
60:23 61:10,16,18,21
139:23 140:5,8,10,15
62:9,9,11 63:24 64:4
142:4,12,14,18,21
65:5,17 67:16 68:4
143:8 144:14,22
68:16 73:9 75:4,23
145:1,6 146:14,17,20
78:19,20 82:13 83:11
147:2,4,10,14,25
83:14,18 84:14 86:22
151:24 152:3,18,24
88:12 90:6 92:23
153:3,10,18 154:16
94:6 95:24 98:7
157:8,14,16,19 158:3
102:18 105:5,12
159:24 160:6 163:24
108:1,23 109:10
164:6,13 168:18,24
110:1 111:19 112:9
174:12 176:7,10,15
112:15 116:18 118:2
177:16 178:21
119:20 120:11
179:19,25 180:15
121:23 122:9 123:8
182:4,8,18 183:9
123:25 125:2,24
185:12,17,22 186:1
126:19 130:12,12
186:23,25 187:6,7
131:1 132:15 133:6
192:5,16 193:3,5
133:20 135:4 136:18
194:6,11 195:8,12,16
137:6 138:1 139:15
195:19,23 196:3,9,13
140:8,11,12,13
196:17,20,25 197:3
141:22 142:1 144:5,7
200:8 202:10,14,22
145:25 148:3 149:18
203:15,19,24 204:2,5
152:17,20 153:10
204:10 205:6 207:2
154:16 156:4 158:3
213:14,18,23 214:1,7
158:22,23,23 159:19
214:10,17,22,25
159:19 160:6,13
215:3,9,12,14,19,22
161:17 163:6,23
216:1,8,11,15,18
167:4 168:14 170:15
217:1,5,10,13,17
171:13 175:23,25

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 52
177:7 178:2,15
179:21,22 180:20
182:18 183:17,23
185:18 188:8 193:14
193:20,20 194:12
197:20 198:2 205:25
206:20 208:10,20
209:13 210:14 211:1
211:4,10 213:14
214:8 220:13 221:20
224:5
Social
129:2
sole
169:16
solely
45:19 168:5
some
7:3 18:4 28:12 41:8
45:16 46:13 51:2
55:13 67:23 71:1
76:22 78:22 80:15
81:6 83:2 88:15
89:11 97:2 107:22
109:5 110:8 111:2
119:11 132:5 133:17
155:16 160:8 161:5
161:13 173:21
179:15 180:7 184:19
186:20 188:7 190:14
191:2 200:5 201:22
211:7,7 212:1 213:13
215:17,25 217:8,22
somebody
14:11 123:13
somehow
42:15
someone
35:8 53:20 111:3
125:16 132:5 185:6
185:10 187:5
something
16:24 19:12 30:2,20
32:5 52:21 65:9
66:13 67:3 78:16
80:20 87:24 89:4

1-800-325-3376

90:11 93:2 111:2

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

Page 60
179:13,17,18,24
135:8,9,9,15,16,17
180:6,10 181:1,4,5,9
135:24 136:1,7,12,14
181:16,20 182:1,2,9
136:18,20,21,22
182:15,18 183:1
137:23 138:1,3,5,7,9
184:2,3,5,6,6,8,10,11
138:21 139:18,21
184:14,15,16,16,17
140:10,13,14,18,20
185:7,8,15,21 186:9
141:6,13,14,15,18
186:10,10,14,20,25
142:1,6,10,15 143:24
187:15,18,25 188:2,6
144:8,11,13,17,22,24
188:9,17,20,25 189:3
145:1,11,11,19,22
189:19 190:14,16,25
146:7 147:2,7,21
191:1,2,16,17,18,20
148:1,9,10,11,17,18
191:23,24 192:2,3,6
148:24 149:1,3,7,16
192:10,11,12,14,14
149:17,20,21 150:4,8
192:19,19,21,25,25
150:10,13,19 151:1
193:1,7,17,24 194:2
151:11,16 152:1,7,19
194:12,17,19,20,24
152:20,25,25 153:1
195:1,8,15,18,21,22
153:14 154:3,5,10,14
196:4,11,15,15,22
154:20,21,22 155:5,6
197:8,8,12,13,15,17
155:6,7,9,12 156:1,4
198:11,21 199:3,10
156:8,17 157:5,24
199:11,12,12,12,19
158:5,22 159:8,10,17
199:23,25 200:3,4,7
159:18,19 160:1,7,12
200:10,13,18,19,20
160:19,25 161:6,8,10
201:3,5,8,8,14,19
161:14,15,18,19,21
202:7,16,19 203:4,10
161:21,24 162:1,18
203:20,20,24 204:14
162:24 163:17,22
204:18,22,23,24
164:1,10,11,13,14,16
205:16 206:15,20,22
164:24 165:8,19,21
207:6,10 208:2,5,6
165:23 166:2,10,11
208:17,18,25 209:15
166:21,23 167:2,7,8
209:20 210:20
167:16,16,17 168:16
211:11 212:19 213:8
168:19,22 169:1,5,9
213:13,14 214:1,4,5
169:16,17,19,20
214:5,13,15,17,18
170:16,18 171:2,5,7
215:1,3,6 216:6,7,12
171:11,12,18,19,22
216:23,25 217:10,11
171:24 172:4,11,14
217:14,17,18,21
172:21 173:2,5,9,12
218:13,21,23 219:6
173:15,17 174:1,2,11
220:10 221:7,7 222:3
174:14,20,22 175:1
222:11,11,12,18,18
175:11,13,14,14,17
223:1,5,5,7,17,21
175:18,22 176:6,8,12
224:18,24 226:13,13
176:21,23 177:12,15
today
177:17,19,22,23
178:1,2,5,9,10,25
41:5,8 57:14 98:20
179:2,7,10,11,12,13
100:2 104:4 117:5

Merrill Corporation - New York

www.merrillcorp.com/law

JEFFREY M. SEWELL - 7/30/2013

1-800-325-3376

Merrill Corporation - New York

www.merrillcorp.com/law

San Beda Criminal Law 1
90% (10)
San Beda Criminal Law 1
46 pages
The Counselor and The Law (8th Edition) PDF
0% (1)
The Counselor and The Law (8th Edition) PDF
97 pages
Position Paper of Complainant Final Final Emil Rosario
No ratings yet
Position Paper of Complainant Final Final Emil Rosario
14 pages
Criminal Profiling & Serial Killers
100% (1)
Criminal Profiling & Serial Killers
32 pages
Case Law
No ratings yet
Case Law
6 pages
Jeffco Order - Smallwood
No ratings yet
Jeffco Order - Smallwood
147 pages
Test Bank For Employment Law 6th Edition by Moran ISBN 0133075222 9780133075229
100% (55)
Test Bank For Employment Law 6th Edition by Moran ISBN 0133075222 9780133075229
35 pages
GASP Marshall Lawsuit
No ratings yet
GASP Marshall Lawsuit
24 pages
6 30 11 To 9 14 13 All Filings in 2JDC in CV11-01955 Judge Elliot Failure To Disclose Service On CAAWS Board Mandatory Recusal Fraud 01168 60317 60302 01896 0435 Ocr
No ratings yet
6 30 11 To 9 14 13 All Filings in 2JDC in CV11-01955 Judge Elliot Failure To Disclose Service On CAAWS Board Mandatory Recusal Fraud 01168 60317 60302 01896 0435 Ocr
2,197 pages
Answer To Order To Show Cause
No ratings yet
Answer To Order To Show Cause
23 pages
Anil Varshney Complaint
No ratings yet
Anil Varshney Complaint
61 pages
Canal 9: Falló A Favor de Remigio Ángel González González en Un Litigio Contra El Abogado Carlos Lorefice Lynch
No ratings yet
Canal 9: Falló A Favor de Remigio Ángel González González en Un Litigio Contra El Abogado Carlos Lorefice Lynch
130 pages
The Internal Legal Memorandum
100% (1)
The Internal Legal Memorandum
3 pages
FIRST SUPPLEMENT To The Complaint - and - Petition - in - Re - INA 214 - USDC - DC - 14-Cv-00995 (RJL) W Exhibits
No ratings yet
FIRST SUPPLEMENT To The Complaint - and - Petition - in - Re - INA 214 - USDC - DC - 14-Cv-00995 (RJL) W Exhibits
209 pages
Second Amended Complaint and Jury Demand: Law Offices of
No ratings yet
Second Amended Complaint and Jury Demand: Law Offices of
49 pages
Forcible Entry Cases
100% (1)
Forcible Entry Cases
25 pages
Rothman Attorney Fees Declaration in Civil Rights Suit Against NYPD
No ratings yet
Rothman Attorney Fees Declaration in Civil Rights Suit Against NYPD
32 pages
Myerson Attorney Fees Declaration in Civil Rights Suit Against NYPD
No ratings yet
Myerson Attorney Fees Declaration in Civil Rights Suit Against NYPD
82 pages
Travis Greene v. Pendulum Records - Complaint PDF
No ratings yet
Travis Greene v. Pendulum Records - Complaint PDF
58 pages
038 - Keklar's Lectures On Criminal Procedure (2006) (245-247)
No ratings yet
038 - Keklar's Lectures On Criminal Procedure (2006) (245-247)
3 pages
Basic Foreclosure Litigation Defense Manual
100% (2)
Basic Foreclosure Litigation Defense Manual
155 pages
David Cole Deposition
No ratings yet
David Cole Deposition
146 pages
Value The Dignity of Every Human Being and Guarantee Full Respect For Human Rights
No ratings yet
Value The Dignity of Every Human Being and Guarantee Full Respect For Human Rights
6 pages
Joshua X. Wahl Deposition
No ratings yet
Joshua X. Wahl Deposition
135 pages
Castillo Poli Saño v. COMELEC
No ratings yet
Castillo Poli Saño v. COMELEC
4 pages
Nick Smith V Walker County Commission Complaint
No ratings yet
Nick Smith V Walker County Commission Complaint
20 pages
People of The Philippines, G.R. No. 187683: Chairperson
No ratings yet
People of The Philippines, G.R. No. 187683: Chairperson
9 pages
Chapter 17: NCLT & NCLAT
No ratings yet
Chapter 17: NCLT & NCLAT
7 pages
Balch Billing Docs W: Summaries 2
No ratings yet
Balch Billing Docs W: Summaries 2
167 pages
Balch Billing Docs W: Summaries 1
No ratings yet
Balch Billing Docs W: Summaries 1
169 pages
Balch Billing Docs W: Summaries 1
No ratings yet
Balch Billing Docs W: Summaries 1
169 pages
Document - 2025 02-04-101136 Complaint Fililing
No ratings yet
Document - 2025 02-04-101136 Complaint Fililing
9 pages
Alabama Ethics Reform Bill
No ratings yet
Alabama Ethics Reform Bill
117 pages
Lt. Gov. Will Ainsworth Memo To State Task Force
100% (9)
Lt. Gov. Will Ainsworth Memo To State Task Force
3 pages
Denying City of Warren
No ratings yet
Denying City of Warren
15 pages
NC Extradition Manual
100% (1)
NC Extradition Manual
62 pages
Ra 9523
No ratings yet
Ra 9523
5 pages
DKT 40 - Opinion and Order Re PLF MTC Discovery
No ratings yet
DKT 40 - Opinion and Order Re PLF MTC Discovery
9 pages
Yates Eeoc Claim
No ratings yet
Yates Eeoc Claim
10 pages
Woodring V Jackson County
No ratings yet
Woodring V Jackson County
12 pages
Tanya Chutkan Senate Questionnaire Final
No ratings yet
Tanya Chutkan Senate Questionnaire Final
26 pages
Leroy White Et Al V City of Dallas
No ratings yet
Leroy White Et Al V City of Dallas
29 pages
Ivey Calendars 2018-2019 All
100% (1)
Ivey Calendars 2018-2019 All
425 pages
GASP Brown Lawsuit
100% (1)
GASP Brown Lawsuit
29 pages
J Woodbridge 1 4PP BANA Corp Rep para 22
100% (2)
J Woodbridge 1 4PP BANA Corp Rep para 22
100 pages
Philippine International Trading Corporation Vs COA
No ratings yet
Philippine International Trading Corporation Vs COA
8 pages
Southern District of New York Federal Judge Robert P. Patterson Strikes My Letter From the Record Re: Fraud in Rowe Entertainment v. William Morris Agency and Conspiracy to Interfere with Human Rights of African Americans -- [February 10, 2014]
No ratings yet
Southern District of New York Federal Judge Robert P. Patterson Strikes My Letter From the Record Re: Fraud in Rowe Entertainment v. William Morris Agency and Conspiracy to Interfere with Human Rights of African Americans -- [February 10, 2014]
8 pages
Judge's Order Dismissing Cohen Lawsuit
No ratings yet
Judge's Order Dismissing Cohen Lawsuit
39 pages
12-09-19 Crooked Judges, Cops, and Prosecutors - GERPS - YOU May Be Their Next Victim
No ratings yet
12-09-19 Crooked Judges, Cops, and Prosecutors - GERPS - YOU May Be Their Next Victim
23 pages
Wright V Beck Answering Brief
No ratings yet
Wright V Beck Answering Brief
46 pages
GASP LeFluer Lawsuit
No ratings yet
GASP LeFluer Lawsuit
30 pages
Stan Stabler Deposition
No ratings yet
Stan Stabler Deposition
84 pages
2 20 15EMCMeetingFinalMinutes
No ratings yet
2 20 15EMCMeetingFinalMinutes
41 pages
Isner Deposition - Open Records Lawsuit
No ratings yet
Isner Deposition - Open Records Lawsuit
43 pages
People Vs Cabral
100% (5)
People Vs Cabral
1 page
United States Court of Appeals, Tenth Circuit
No ratings yet
United States Court of Appeals, Tenth Circuit
5 pages
Murder Mystery Plan: Now You Are Ready To Start Writing Your Story-Good Luck!
No ratings yet
Murder Mystery Plan: Now You Are Ready To Start Writing Your Story-Good Luck!
6 pages
Watkins Superseding Indictment
No ratings yet
Watkins Superseding Indictment
28 pages
Affidavit of Gary M. Segura, PH.D
No ratings yet
Affidavit of Gary M. Segura, PH.D
47 pages
Law Enforcement Organization and Administration: General Instructions
100% (1)
Law Enforcement Organization and Administration: General Instructions
4 pages
Sewell v. Merrill Lynch, Pierce, 94 F.3d 1514, 11th Cir. (1996)
No ratings yet
Sewell v. Merrill Lynch, Pierce, 94 F.3d 1514, 11th Cir. (1996)
8 pages
Moore Lawsuit Against Washington Examiner
No ratings yet
Moore Lawsuit Against Washington Examiner
18 pages
4 - Evidece
No ratings yet
4 - Evidece
10 pages
2015.01.20 AG Comment
No ratings yet
2015.01.20 AG Comment
24 pages
United States Court of Appeals, Third Circuit
No ratings yet
United States Court of Appeals, Third Circuit
11 pages
United States Court of Appeals, Seventh Circuit
No ratings yet
United States Court of Appeals, Seventh Circuit
8 pages
Janice White RHA Charges 11.4.19
No ratings yet
Janice White RHA Charges 11.4.19
3 pages
Third Point v. Ruprecht
No ratings yet
Third Point v. Ruprecht
28 pages
NAACP v. Alabama Ex Rel. Patterson, 357 U.S. 449 (1958)
No ratings yet
NAACP v. Alabama Ex Rel. Patterson, 357 U.S. 449 (1958)
12 pages
Judge Jones Violations - No Sig
No ratings yet
Judge Jones Violations - No Sig
5 pages
Filed: Patrick Fisher
No ratings yet
Filed: Patrick Fisher
48 pages
Traffic Citation Affidavit
No ratings yet
Traffic Citation Affidavit
10 pages
Berba Vs Pablo
No ratings yet
Berba Vs Pablo
1 page
Legal Ethics Cases
No ratings yet
Legal Ethics Cases
90 pages
Tarrant Superintendent Shelly Mize Emails
No ratings yet
Tarrant Superintendent Shelly Mize Emails
10 pages
2011-12-15 Rothstein Scott PM
No ratings yet
2011-12-15 Rothstein Scott PM
213 pages
Peoria County Inmates 04/02/13
No ratings yet
Peoria County Inmates 04/02/13
8 pages
Granite City Police Department Organization of The Police Department Manual
No ratings yet
Granite City Police Department Organization of The Police Department Manual
772 pages
Middleton Vs Windsor Star
No ratings yet
Middleton Vs Windsor Star
9 pages
Joint Publication 5260 Card
100% (1)
Joint Publication 5260 Card
47 pages
(Dworkin R) Law as Interpretation
No ratings yet
(Dworkin R) Law as Interpretation
18 pages
Basic Foreclosure Litigation Defense Manual
100% (15)
Basic Foreclosure Litigation Defense Manual
155 pages
The Facts
No ratings yet
The Facts
1 page
Alabama's Petition For Rehearing en Banc Re HB 56 13 & 27 (11th Cir.)
No ratings yet
Alabama's Petition For Rehearing en Banc Re HB 56 13 & 27 (11th Cir.)
116 pages
2010-11-19 Civil Litigation Management Manual, Second Edition (2010) Judicial Conference of The United States, Committee On Court Administration and Case Management S
No ratings yet
2010-11-19 Civil Litigation Management Manual, Second Edition (2010) Judicial Conference of The United States, Committee On Court Administration and Case Management S
486 pages
2011-12-16 Rothstein Scott PM Redacted
No ratings yet
2011-12-16 Rothstein Scott PM Redacted
161 pages
2011-12-12 Rothstein Scott PM
No ratings yet
2011-12-12 Rothstein Scott PM
197 pages
Mize Exhibit 2 Sid Trant Emails With EPA
No ratings yet
Mize Exhibit 2 Sid Trant Emails With EPA
4 pages
Stalking by Proxy Is Still Stalking
No ratings yet
Stalking by Proxy Is Still Stalking
2 pages
Substantive Vs Procedural Law
No ratings yet
Substantive Vs Procedural Law
9 pages
2011-12-23 Rothstein Scott PM
No ratings yet
2011-12-23 Rothstein Scott PM
123 pages
11thJacksonAppeal (1) Final
No ratings yet
11thJacksonAppeal (1) Final
72 pages
GASP Records Request To Alabama AG
No ratings yet
GASP Records Request To Alabama AG
2 pages
Manuel vs. Alfeche, JR
No ratings yet
Manuel vs. Alfeche, JR
1 page
United States Court of Appeals, Fourth Circuit
No ratings yet
United States Court of Appeals, Fourth Circuit
4 pages
Troy Response To Tait Records Request
No ratings yet
Troy Response To Tait Records Request
2 pages
City of Troy Response To EPI - 20200914 PDF
No ratings yet
City of Troy Response To EPI - 20200914 PDF
2 pages
Debra Noland, and Diarl Noland Sr., Husband Camillia Noland, Daughter Diarl Noland, Jr., Son v. Raymond Andrews, Warden Dr. Wilson, Part-Time Physician at Fpc Dr. Keizer, Medical Director at Fpc Brenda Brozell, Physician's Assistant, 966 F.2d 1443, 4th Cir. (1992)
No ratings yet
Debra Noland, and Diarl Noland Sr., Husband Camillia Noland, Daughter Diarl Noland, Jr., Son v. Raymond Andrews, Warden Dr. Wilson, Part-Time Physician at Fpc Dr. Keizer, Medical Director at Fpc Brenda Brozell, Physician's Assistant, 966 F.2d 1443, 4th Cir. (1992)
3 pages
ASDC Alabama Resolution
No ratings yet
ASDC Alabama Resolution
1 page