001good morning it is March 18th 2025 welcome to the San Marino Unified School District Board of Education meeting this is your board president Mr C Joseph Chang uh there no uh report for crosssection and right now we are going to uh open section uh at a.m. uh go to the old older uh loc call uh Mr song I'm here present Mrs Lam here Mrs gear here Mr Chen here next uh Bridge of Allegiance please rise up I to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and TR thank you uh be approve of agenda do I have a motion to approve the today agenda move to approve second loc call Mr song I M Lam i m GE here I
002sorry Mr CH I motion carry next seven uh public comment the board of education has adopted board policy 9323 B to ensure the public right to be heard in any matter pertaining to the sarino UniFi School District person who wish to provide public comment will have a s option to submit public comment first submit through a online form do we have any uh submission via the online form thank you second request to the speak during the meeting via the zoom Dr chy please post the meeting to collect the public comment thank you Mr CH we are now pausing the meeting for 1 minute if you would like to make a request to speak please press the raise hand icon and if you're joining by phone please th star 9 we are pausing we have 30
003seconds remaining if you would like to make a request to speak please press the raise hand icon or D star 9 we have no request to speak thank you uh next request to speak during the meeting in person via the public common car do we have any public common car okay thank you at the this time I would like to turn it over to the judge morer hi my name is wend Mortimer I'm a retired judge of the LA Superior Court and uh I I'm hired by the school district District uh to Monitor and advise them on this hearing but um since there's nobody um else I I've been asked to preside over the hearing if that if there's no objection to that um just can everybody hear me okay so um the hearing will
004come to order and um I guess the uh complainant um Miss es Camilia um will go put on their their evidence first and then uh we'll go from there okay thank you honor gu leure on behalf of M esia we're actually the respondent in the case suanne Evans represents the district and I believe they will go first okay thank you your honor um before we begin the hearing we do have a couple of um motions and limitate prehearing motions one one of them being that if there are any witnesses that are here in the room that they be um excluded until such time as they've given their testimony okay I don't uh think that's come up uh I I don't have any objection to that I don't I don't believe any of my Witnesses are
005here so okay still ready to proceed thank you your honor um oh wait on good morning everyone uh the issue before the board today is whether based upon a preponderance of the evidence the district's decision to dismiss L esamia for cause should be upheld and her appeal denied at the conclusion of this hearing and based upon the evidence that will be presented it will be a clear and unequivocal yes as the board is aware this matter is governed by the Education Code as well as section 16 16 of the collective bargaining agreement with the classified service the matter is also governed by District board policies and additional requirements of Law and although a somewhat formal hearing um this is not governed by the rules applicable to civil or criminal cases the formal Rules of Evidence
006do not apply here today miss esamia the respondent in this hearing works as Health Services assistant at San Marino High School she and her husband Patrick esamia have been active participants in the football booster club as their son played on the San Marino High School football team at all the times that have be discussed in this matter the evidence will show that when it came time for the district to hire a head coach for the football team respondents friend and football booster club then president Cassandra zapino sometimes referenced as Cassandra morning became upset with the process and ultimately made it known that she wanted her boyfriend Mr cisos to serve as the head coach in Spring of 2023 the district instead hired Nate Turner he was the first black head coach for the San Marino
007Unified School District and is a former NFL player football player and an experienced and highly regarded coach about the time he was hired news articles surfaced from 1999 when Mr Turner was a college student playing for UNLV the article stated he came from quote the gang infested streets of Compton and Watts close quote and had been in a gang and sold drugs but football had turned his life around of course this information was over 20 years old and was nothing the district could consider in the hiring process that was already underway respondent's husband has stated that regardless of the Articles he and respondant were prepared to support the new coach and Hope for success for the team before he was hired Mr Turner like all District employees was fingerprinted and embedded through the Department of
008Justice for any relevant criminal history Nate Turner was cleared for employment by the doj and the FBI in compliance with the education and labor codes after he left the district he became the head coach for San Bernardino valy College a public Community College also Bound by the obligation to vet employees with the Department Department of Justice and FBI in other words Mr Turner has repeatedly cleared vetting in the public employment process prior to working in the district respondant served as a deputy sheriff for the Los Angeles Sheriff Department her husband currently works for the LA Sheriff Department as a sergeant and is the subject of two complaints related to conduct towards the district the evidence will show that not only do these law enforcement positions have access to confidential and private information but they're also
009trained in the law which mandates confidentiality as the sheriff's manual States quote only active law enforcement officers and authorized civilian criminal justice Personnel acting within the scope of their duties are allowed to disseminate or receive criminal records information close quote and open quote that knowingly releasing criminal records information to unauthorized Personnel such as friends acquaintances or retired law enforc officers is a misdemeanor close quote penal code section 13304 provides that it is a violation to receive and possess such records without proper authorization which respondent does not have here respondent sought to have former football coach Nate Turner dismissed from his position in the district by obtaining and spreading a packet of information including confidential and privileged information that was nothing more than unsubstantiated allegation or matters that could not by law be considered in any
010employment decision regarding Mr Turner the conduct violated law the rights of Mr Turner and the district's rules and regulations respondent further misrepresented Mr Turner's history and sought to have him removed based upon purported safety concerns responded attempts to defend against his dismissal by contending her dismissal is in retaliation for her reporting of quote gross misconduct post quote and or quote condition close quote that significantly threatens the health or safety of employees apparently meaning Nate Turner however there is neither legal Authority nor facts to suggest that a person is a condition that may cause a health and safety threat as required by the statutes relied upon by the respondent there have been no complaints that Mr Turner acted inappropriately in any way threatening towards staff or students nor has respondent identified any statute or regulation allegedly
011violated by The District in hiring or retaining Nate Turner as a district employee respondent's claims of retaliation fail if she had a legitimate concern with misconduct or a condition threatening the health or safety employees you would expect her to speak to the superintendent of the school district about that matter but because she uh did not in fact have those concerns there was no communic ation with the superintendent by the respondent and despite being informed verbally and in writing on the requirements and limitations of law regarding the vetting of District employees and Mr Turner specifically respondent continued to malign Mr Turner based upon unsubstantiated information that the evidence will show was not legitimately obtained or publicized the evidence will further show that when mesia was asked where she obtained the information in the packet she gave
012several different answers she obtained it herself from the courthouse Andor from the sheriff's department through her quote due diligence close quote or two she went to a meeting at Miss Zino's house and received it from some unknown quote unknown white male parent close quote or three she received it from her husband which is it and why the dishonesty in answering that that question as a direct consequence of respondent's conduct Nate Turner filed a complaint of hostile work environment resulting from her false statements about him repeatedly calling him dangerous and acting in a rude manner towards him the neutral investigator substantiated his claims responded also filed two complaints one alleging that Nate Turner was a safety concern and two alleging that dismissal was retaliatory both were determined by the neutral investigators to be unsubstantiated and notably
013both investigators found Miss esema to lack credibility respondents vigilante actions of disseminating unsubstantiated claims and allegations led to rumors and upset in the district and Community to this day she contends she's entitled to serve as the judge and jury regarding Mr Turner that's not so respondant was dishonest insubordinate and disrespectful to the administration and her co-workers despite her knowledge and training she willfully disclosed confidential and privilege information ignored the rights of a fellow employee willfully violated the law and board policies and or management directive and failed to conduct herself in a professional manner instead she conducted herself contrary to the interests of the district maligned an employe of the district all causing significant disruption and exposure to the district and finally the district will establish that it has met all procedural requirements in pursuing dismissal
014of respondent the district asked that the board denied appeal and affirm your dismissal as Justified and supported by preponderance of the evidence thank you you wish to make an opening statement thank you your honor yes that's your go-to [ __ ] you get [ __ ] slapped how about that that's your go-to you be a [ __ ] I start slapping [ __ ] harsh words brutal words on August 27th 2023 your San Marino High School Health Services assistant L esima read the transcript of those violent words yelled by Nate Turner the year before at his girlfriend with whom he lived she read much more on August 27th 2023 she read what has become known as the packet on August 29th 2023 two days later two days after Lea's husband Sergeant Patrick esia of the LA Sheriff's Department shared the packet with his
015wife and told her stay away from Turner your San Marino High School head football coach Nate Turner and self-proclaimed [ __ ] slapper aggressively confronted Lea esima at the high school when no one else was around shaken and upset Lea left her desk and sought Refuge with then acting assistant principal Dr Lena RoR and principal Dr Benjamin wolf when Lena RoR RoR asked Lea what was wrong Lea responded that Turner should not be on that campus that Turner was a former gang member and drug dealer with a violent past and several felony arrests and who recently had been accused of domestic violence violence against women when Dr RoR and Dr Wolf asked Lea how she knew this information Lea told her supervisors that she had a packet of information that substantiated what she was reporting Dr RoR
016and Dr Wolf asked Lea to go home and get that packet and bring it back to the school she did so telling Dr Wolf that she would also provide a copy of that packet to board vice president Mr Joseph Chang since he was on campus that day Dr Wolf advised L at that time that she was within her rights to do exactly that once Lea's supervisor saw the packet provided by Lea that same day they immediately informed the superintendent Dr deori that same day August 29th 2023 principal wolf emailed a letter to Lea accusing Lea of Distributing this packet on campus Lea did no such thing that same evening Dr de laori emailed the entire San Marino High School staff concerning a packet of information circulating on campus and taking great pains to disclaim any
017ties or Association to that packet that same day August 29th why why would Dr Wolf make that false allegation and make it so fast why would Dr deori waste no time that evening in disclaiming to the entire High School staff anything to do with that packet or information that she claimed was already circulating among staff that same day August 29th 2023 knowing that the administration could not in any employment context act on anything in the packet were they worried that the existence of the packet just its existence would be tied straight back to that administration were they worried because they thought that Mr Turner might blame them and hold the district liable for the circulation of the packet with which Lea had nothing to do the administration already was aware of this packet and had
018been approached by several High School football parents about its contents and their concerns about Mr Turner was the administration worried that somehow that packet would be connected to the administration were they worried that because Mr Turner is black and the administration foresaw potential racial discrimination issues if the packet were connected to the administration did the administration need and find an easily identifiable scapegoat in Lea Esa to demonstrate to Turner in the world that the administration never sought or considered the adverse packet of information against Turner did the administration decide that the safest course forward was to sacrifice L esima and her 10 years of dedicated service so that Turner could not hold the administration accountable is this a case in which the administration found it most convenient acceptable and appropriate to shoot the messenger consider
019this the administration ran directly to Turner immediately after Lea made her report why Lea made a confidential report of extraordinary misconduct on the part of Mr Turner from only a year since could the district really do anything with that information no that's Undisputed in the employment context they can't act on that is Lea charged with that knowledge or is Lea as your health services assistant simply required to report information like that to her supervisors why would they run to Mr Turner immediately they ran to tell Turner that they had found the source of the adverse information circulating on campus and it was Lea Esa it wasn't them they had nothing to do with it it's all Lea what better way to Shield themselves from potential adverse action by Mr Turner than serve up L Esa
020as a sacrificial offering once its course was clear the administration then falsely accused later of dishonesty about her acquisition of the packet insubordination by continuing to distribute the packet after being instructed not to being rude to Turner by whispering and shunning him behind his back with other High School Employees none of the administration's statements are true and the Administration has no no evidence to support them it's all just fake backfill to justify a disciplinary action that never should have started and certainly should stop here as you consider this matter and the evidence that's presented to you I'd ask you to please always ask yourself a few fundamental very important questions what information should be reported by District employees to supervisors if a female employee feels threatened and unsafe in the presence of a male employee
021do you want to hear that do you want to understand why if an employee especially a health services assistant feels like students and staff may be threatened or in any danger of any sort do you want to hear that do you want to understand why do you want to encourage employees to come forward with information about potential dangers or hazards presented by other employees or do you prefer to discourage such reporting do you like the policy of if you see something say something or would you rather your employe just keep all their information to themselves then ask yourself if you don't like the manner in which the employee reported the information what should be done about that it is the administration's position that Lea was not properly in possession of a few of the pages
022of the packet mind you it's a dozen Pages out of 118 a dozen pages that really don't reflect much light on Mr Turner anyway in the grand scheme of the horrific life that he's LED as reflected by the other pages but I want you to assume for the purposes of this hearing that Lea was not prop properly in possession of that information what's to be done about that what do we do today and tomorrow what is the appropriate response L esima has given over 10 years of dedicated service to this District she's beloved by faculty staff and most importantly students she's quite simply an invaluable asset to this High performing District when she acted on August 29th 2023 to report her heartfelt concerns to her supervisors and Then followed that up with a letter on
023September 1st 2023 to the same effect a letter in which she specifically said she was concerned about retaliation by Mr Turner toward her or her son even though the district sorry the administration ran to Mr Turner with the information that Lea had reported she saw something and she said something if you take issue with the manner in which she did it you have the power to consider a range of disciplinary actions including counseling official reprimand she's been on paid administrative leave for over a year have we not sent enough of a message to her that we don't like the way in which she reported information that she Absolut Ely should have reported do we need to drop the ax on her do we need really to shoot this messenger it really boils down to this
024matter what you want to associate with and what you want to protect are you going to associate yourselves and protect disclosures disclosures of potential dangers and Hazards by your health services Personnel or are you going to associate yourselves with and protect the blaming and professionally crucified of the messenger of those dangers and Hazards in the name of protecting yourselves and the administration from a possible Claim by the perpetrator of the very dangers and Hazards he may present Mr Turner to his girlfriend in that same conversation in 2022 okay stop being a [ __ ] okay it's unnecessary you don't understand how this [ __ ] works over and over again how many [ __ ] times you got to get hit in the [ __ ] mouth before you figure this [ __ ] out is that who we're going to protect and Associate ourselves
025with thank you all right so all your first witness thank you I'd like to call l esia l esamia declines to testify on behalf of the district uh I'm entitled to well I will call another witness first but I am entitled to um to examine mesia as an adverse witness absolutely under evidence C that's completely untrue as as Council has noted The Rules of Evidence do not apply to this proceeding m esam is certainly not compelled to testify against herself in any proceeding administrative criminal or otherwise she declines to testify on behalf of the district if she declines to testify then she's not cooperating with the process well um I'm happy to call another witness first but um she is required to testify if I call her as a witness I I agree um why
026don't you call another witness first I'll call Ela friend yeah please raise your right hand to be sworn you swear to tell the truth the whole truth and nothing but the truth so be God I do thank you would you please State and spell your name for the record Ela friend i l a f r i n d um just if I can check with the court reporter are you able to understand her clearly thank you where are you employed danis Oliver Kelly and what is your position I'm a litigation management paralal and uh how long have you been employed as a paralal with danis wber Kelly about 21 years are you a certified paralal yes and how long have you been a paralal about 32 years okay U and did you work in a
027law office before you worked with danis wer Kelly yes what kind of Duties do you undertake as a pargal for danis wer Kelly well I I search court records I obtain dockets and documents from court from the court I assist with filings I do some legal research I create drafts of certain pleadings I also train the paralegals and legal secretaries in our office and I have some oversight of the litigation Department in our office and uh so you're familiar with California ports oh yes are you familiar with the ports record system yes and that includes the Los Angeles Superior Court civil yes okay and criminal is that correct yes and what kind of tasks have you undertaken in your role as a paralal related to court record system specifically I have checked for dockets I've
028done litigation searches meaning you look for a certain U plaintiff or defendant and you look them up and then you find out any of the cases that may have been filed against them or on their behalf and I have downloaded documents from those court dockets I'm pretty much familiar with Ste can you turn on the volume we cannot really hear well it's hard to hear you from sorry or just pull the microphone closer maybe yeah yeah do you want me to repeat anything yeah yeah okay time sorry go back to that that question yeah yeah okay do you want the question repeated are you sure okay um what kind of task have you undertaken in your role as a pargal related to the Court's record system I've I've searched I've done litigation searches with the
029the court it means that I will look for a plaintiff or a defendant by a party name and see if there's any cases that have been filed against that defendant or that um or by that plaintiff I have downloaded documents from this court doc um dockets I've reviewed the registry of action which is the docketing system that shows all of the documents that have been um filed in that particular case I have um I've been doing this since they first started having documents available online so I'm very very familiar and did you review certain records to determine if they were in the Los Angeles County Court files yes um would you please look at exhibit two that's in binder one now um each of the uh board members and the judge you have a set
030of the documents that you're welcome to look at uh are you familiar with these documents as that are marked as exhibit to yes and what are those documents uh these consist of um a few articles and then a criminal docket which is a register of action and then a number of pleadings and documents from a few different civil cases and that is about it oh and then some criminal records as well that are not court records okay would you take a look at exhibit three sure and what is exhibit three so these These are um Sheriff's reports in inent reports and supplemental reports these are documents that are would would be with the um sheriff's department and did you uh what did you do with regard to investigating whether these documents specifically exhibit 3 were
031part of a court file so I went um in exhibit two there are a number of um court cases um restraining order cases and I got the um case number for each of those cases and I looked up the registry of action the docket I looked up the case online and I downloaded all of the documents for each of those cases and then I reviewed all of those documents to see if any of the documents in exhibit 3 were publicly available that they were available online and um um did you search both civil and crial doc yeah so I searched civil and criminal criminal documents are not available either online or in person but I I did search for dockets there were some criminal dockets in packet in the packet too but they were really
032old I could still pull up the dockets but I um wasn't able to pull up any documents they're not publicly available and going back to the documents you referenced in Exhibit 2 as criminal records those have to do with um what what kind of violation or if you're aware sorry what um what kind of violation were those criminal records in Exhibit 2 in the criminal records that oh do you mean the dockets that are early on or the later criminal records the um the old criminal records that are in the beginning of the exhibit to um are you aware if there are vehicle code violations or otherwise yes I I I didn't pay a lot of attention to exactly what they were I was mostly looking to see if the documents in exhibit 3 were
033available online so I wasn't paying a lot of attention Okay thank you and based on the information you gathered with these documents that are marked as exhibit 3 publicly available no okay and you did find a did you find a register of actions or criminal doc related to any incident of April 14 22 no I did not does that mean that it's not publicly available ye yes it it it the there I didn't find a docket at all and the documents wouldn't be publicly available the dockets within that um if there was a criminal um compl you find it in the record system yeah understood thank you I don't have anything further cross examine would you flip to page exhibit 2-16 and this is just for clarification a acet or exhibit two the whole of
034the the large number of pages in exhibit two in this binder this is all the stuff that is publicly available right it's exhibit three that's not publicly available yes exhibit two is publicly available right no not all of exhibit two is is page 2-16 publicly available yes this this is a case access information this would be available online right and so um and and you're experienced with criminal records as you've tested ified if you look down at charge section at the very bottom 1551.1 you're aware that that's a felony fugitive from Justice charge right I'm not aware of that you're not you didn't do the research on that no um page 2- 97 who what 97 your honor this is a uh this is a transcript of a phone call that was recorded pursuant to
035a court restraining order right this document was in the file it's publicate yes it's publicly available right yes I don't have anything further with this witness thank you I didn't hear what you just said I don't have anything further okay thank you next witness is L esamia again your honor Miss esia is not going to testify for the administration in this case this this case is the the procedures for this case are governed by the collective bargaining agreement and in particular article 16 there's nothing in article 16 that that in any way requires the respondant to testify at all in her own behalf and certainly not for the administration Mia is entitled to this hearing and is entitled to be process at this hearing she's not that's that's not what this hearing is about uh
036Miss esamia declines to testify for the administration if Miss es the collect bargaining agreement does not preclude me from bringing any witness that needs to that I deem appropriate to testify and that has relevant information Miss esamia clearly has relevant information she's a key witness and I think uh Council would be hardpressed to say that I don't have a right to cross-examine her apparently after she's he's examined her but uh Under The Rules of Evidence which I agree are not the strict rules of evidence are not applicable here they do and for longstanding provide that I may call an adverse witness if Miss esamia refuses to testify she is out of compliance with the provisions that govern this hearing and we would ask for a dismissal of um that it that the dismissal be approved
037without further um hearing okay that that that's simply incorrect oror as as I've been reminded by Council over months precedent to this hearing the rules of evidence do not apply she put it in her opening state The Rules of Evidence do not apply the rules of civil procedure do not apply to this hearing the the collective bargaining agreement is very clear on that matter as well while this hearing is to be done according to Due Process that's my client's right to due process this is her hearing not the administration they don't they are not entitled to whatever they think their definition of due process is only miss esamia it it says her she's the one who has appealed of course if I call Miss ES as a witness she's entitled to cross-examine but that's within
038our discretion not the districts not the administrations well I'll allow it well she's not gonna testify your honor I'm sorry it's not gonna happen Miss esia declines to testify your honor based on Miss esa's um decision to decline to testify we ask that this hearing be um terminated that she has failed to comply with the procedures um and is in fact insubordinate and failing to testify and we would ask that the U dismissal be approved are you intending to call hers A Witness I am not your the board is may wish to um recess to close session if they' like to deliberate on the on our motion and and and and and I'd like to be heard on the motion to perminate this Empire hearing at this stage of the game because my client doesn't
039wish to testify she has lots of witnesses that she intends to call she intends to present a case but she is not compelled to testify against herself see she's not compelled by any by the collective bargaining agreement by any rule that is applicable to this hearing this is a hearing on Miz esam's behalf and she's entitled to call the witnesses that she wants the this the the Administration has has the burden of proof and by the way not by a ponderance of the evidence the the education code is very clear that her burden is clear and convincing evidence once the once the the once we've made a case for the a an appropriate disclosure of information that m esamia is is actually required by law to disclose they've got to meet that burden without M
040esamia testify there's absolutely nothing that requires her to testify that's a gross Distortion of due process in favor of my client which she's entitled to well she has brought this hearing and uh I think um she needs to testify in the hearing uh if we're to hear her side of the case she we're gonna we're going to present a case it and and that's within our discretion not the the administration can't run our case for us they can run their case that's right in our case includes mesia as a witness um and due process does in fact go both ways this is a hearing that and there's no provision that has been cited to preclude her from testifying in this matter um and we renew our motion there's no provision that requires her to testify
041the collective bargaining agreement allows me to call witnesses I'm sorry I didn't know the collective bargaining agreement does allow for me to call witnesses yeah I I think uh you can call her um I've called her and she's refused and we the record is now clear that she's refusing to testify and So based on that we're asking that this hearing be dismissed and that Miss esa's appeal be denied you want to respond I I I think I think I've made my case it would be a loose miscarriage of Justice to completely disallow mesia to put on any case whatsoever if the district is done with their Witnesses then we've got witnesses that we will call they're not available today because we' set that aside for tomorrow but you know we have witnesses that we would
042like to call and mes is entitled to call those Witnesses it would be listen if the board decides we are going to hold it against Miss Esa that she didn't testify that's appropriate can do that they can go back and deliberate and say well we didn't get to hear from mesame on that and we hold that against that's appropriate but it's completely inappropriate to just end the entire hearing with a dis with a with a dismissal of the of the of the uh of the of the hearing itself and a dismissal of Biz esia her careers doeses a school district have any other Witnesses uh we do have other Witnesses but um Miss esame is a key witness for us well why don't you call your other Witnesses and we'll take this under consideration thank
043you your honor um we'll first call Dr Wolf who is we'll have to get him let me go let me go request that he' be presented is he present he's here somewhere here for is he coming yes oh um would you raise your right hand to be sworn you promise to tell the truth the whole truth and nothing but the truth to help you God I do thank you state your name for the record please Benjamin wolf you may be seated uh I actually can't sit I'm sorry I have a herniated disc right oh if you prefer to stand that's fine thank you yeah thank you and thank you for being here with your in you're suffering uh what is your position in the district Mr Dr uh principal San Marino High School and when
044did you start in that position uh August of last year and how long have you been in the education field 30 years this year 30 years and can you tell me um what positions you've held in your career uh this is my 19th year as a high school principal I've been the Principal of four high schools I've also been the assistant superintendent of educational services for the Sentinel Valley Union High School District and then I obviously I was a teacher before that how many years were you a teacher before five five okay and uh was Nate Turner already hired at the time you came to work at the district yes and were you his supervisor yes were you also Miss esamia supervisor yes and what was your experience with Mr Turner um I met Mr
045Turner the day before I started working um we went to uh a um Chargers football camp uh met the team that day met him seemed like a nice guy typical football coach um uh uh and then after that my experience with him was primarily just with him managing the football team so I actually didn't have a lot of contact with him that that first couple of months was his office somewhere other than the office where you were yeah he had two offices but he only used the one in the Fieldhouse which is where the boy locker room is and where is Miss esa's work station or office uh in the main office but in the back side like on the opposite side from where my offices but not at the Fieldhouse yeah um did you
046go to football games yes every game every single game every single game um and where did you watch the games from the sidelines from the field so you were there you were able to observe the coach Y and how did you how did the team do under his coaching uh they went to the playoffs the first year um playoffs is that different than CIF that's the same as CIF okay so they were co- uh co-league Champions and then they went to CIF and then they lost after the first round okay um was that an improvement over other Seasons to your knowledge yeah okay and um is the Fieldhouse office um near near the boys locker room it's inside the locker room it's actually inside the boys locker room so um individuals that are not um
047is there a limitation on who can go into the boys locker room uh generally speaking only only men um although that can be arranged if it's not if there's no students around and and he wanted to have a meeting with somebody but um nobody could just walk back there on their own it would have to be a r okay thank you um did you ever receive any complaint regarding Mr Turner no any students leave the team due to concerns with Mr Turner that's my knowledge and um did you ever receive any complaints regarding his conduct while he was on campus or was St uh no I mean only from his and did you receive any complaints regarding inappropriate conduct of any kind while he was serving in the role of a district employee no would
048you say your campus runs smoothly San Marino High School yeah I mean we we have uh it's we only have 850 students it's a relatively small school um most of the office employees have been there for quite a while it's it it I've worked in a lot of schools it's pretty smooth compared to a lot of places and did there come a time in 2023 where there was that changed um only from the disruptions of why we're here today tell me about that um I mean the day that uh that um we were set to observe the uh Medical Arts um academy uh which was a new program on campus that was the same day that Miss esame had come and presented her complaints to Dr RoR and myself and then later on had uh
049come into the classroom that we were visiting to give us her envelopes did you direct her to go get those envelopes and bring them to you no uh when she came to your office what tell me about that what was what what was said um she was upset she was agitated she was accusing us of having an employee who had done terrible things and shouldn't be around our campus or our students was she discourteous to you um I mean the whole thing was kind of loud um and she was I mean it was I would say it was more unprofessional than discus she didn't call me names or anything okay fair enough um and who was she talking about when she relate this information to you Nate Turner did you know Miss esia before the
050August 29th uh I mean I met her a few times in the month of August when I started working as I was meeting every employee but uh but know we didn't have a lot of interactions okay did you have an understanding of why she was raising these issues to you about Mr Turner um only what she said that she had procured evidence that he had done some bad things in the past and wasn't wasn't a good person to be around students but I didn't know of any like personal motivation or anything like that okay did you say anything in response to her comments about Mr Turner uh I did I I something to the effect that from my experience there's no possible way that anybody who's been arrested for anything could pass the doj fingerprinting
051um i' been a school administrator for a really long time watched Personnel go through the hiring process thousands of times I and I know when people don't pass the screening what kinds of things stop it uh and they're much more minor than the kinds of things she was alleging so okay and it's um clearance through the Department of Justice and the Federal Bureau of Investigation is that your understanding yes um then what happened after you made those comments to her um I mean we we argued back and forth a little bit um she said that she had uh public records from the courthouse um I think Dr rer and I said you know something to the effect of well if if you have them you'll have to give them to us at some point um
052because we'll certainly look at them if you if you have something um we I think I I might probably said twice I really don't see how there could be anything again because he had passed all of the background checks um but that was it that was at the end of that conversation and then um we didn't see mesame again until we were in the classroom so she did she tell you that any of the information was confidential I don't no she I I thought she said that they were public documents that she went and got that anybody could see and then did you receive the packet of information from Miss esamia she handed me a a manila envelope but I never opened it okay and how did that happen so uh Dr RoR Dr delator
053myself um Mr Chang and uh the I believe the president of PCC at the time we were in the Medical Arts classroom um touring the the class and Miss esamia came in and handed several of us the same manila envelopes and you were with the president of the Pasadena City College is that right I I wasn't standing next to her but she was she was there and was there instruction happening in the classroom yes and was that instruction by um one of the professors fromc professors okay thank you what happened after you received the packets um I don't remember how much longer we had stayed in the classroom but eventually we walked back to my office um and then at that point Dr delator asked us for our for our packets and she took the
054packet she took the packet and did you do anything further with regard to the distribution of those packets no did you write to respondent regarding those the distribution of packets so uh that evening I believe um Dr delator contacted me said that we were going to um that they were going to send me a letter that they were writing with the council and asked me to look it over make sure I agreed with it and then that would go to Misses and that letter was on behalf of the District administration yes okay can you take a look at I don't know if you can bend over or not but those I'm happy to pull the I can squat down which one okay so it's in binder one tab eight and is that a a correct
055copy of the letter that you signed to send to miss esamia dated August 29th 2023 yep okay and I'll move to admit the August 29 letter into evidence as exhibit 8 um what was the purpose of the letter um to inform miss esia that her conduct had been unprofessional and that it needed to stop and that she needed to and does the oh I'm Sor not continue to give you know materials or talk about this issue with with with employees okay um and does the letter explain the limitations on what can be considered related to a district employes employment with the district haven't seen it in a little while yeah take your time to review it can you ask me that again yes um does the letter explain the limitations on what can be considered
056related to a District employees employment with the district yeah yes I because it talks about the scope of her employment and and the location and everything so I'm assuming that's what you're referring to right and does it provide citation to Legal Authority yes it does limiting the the information that districts may consider yes and does it explain issues with the documents that were provided yes um what is it suggest regarding the documents that were provided they're not convictions oh I'm sorry yeah the the specifics right I mean the that's in the second paragraph about what they are the storical records Etc that they don't M they don't meet the criteria for the US Department of Justice etc etc correct and that they're not public not all publicly available is that right yes that's also there
057and what does it say at paragraph five uh that we are unaware of any Behavior by coach Turner since his initial employment that is contrary to board policy or the district standards and expectations of performance and conduct okay and did you receive a response from uh Miss esia to that letter I don't believe so I don't think I ever saw a response okay who is Debbie cribs uh she's the currently she's our attendance secretary in the office at that time I don't think she was doing attendance yet I think she was doing counseling counseling is that the secretary for the counselors okay um and did she say anything to you regarding the information that was presented to you by Miss esia uh she um she did have a conversation with me it wasn't specifically about
058any materials that Miss esia had which she did reference that that she thought that there were some materials out there but she definitely expressed her concerns about Mr Turner okay did her comment and I and I'm sorry but and then I specifically asked her what are you basing this on what evidence or whatever and she really just was able to quote what what she was hearing what she was hearing was there uh did it leave you with an impression that she had seen the materials um I don't know if she had physically seen them but it certainly sounded like that she had a conversation with somebody who was telling her what was in them okay and what did you say to her about that um very similar to what we said to miss esia that
059again there was no way that somebody with with what she was alleging could have gone through the Department of Justice fingerprint clearing um and then we also talked a little bit about because we this was a private conversation talked a little bit about you know the the at its hearsay and that you know we shouldn't really be having this conversation until you know until anything is proven um and that we haven't had any problems and that that was it I mean it's hard for me to remember all the different things we talked about but um sure she left she left my office satisfied that we talked and then she actually came to me the next day and apologized for bringing it up and why did she did she say why she was a she said
060she went home and thought about it I think she said she even had a conversation with her husband about it and she realizes that at least what she told me she realized that she didn't really have any basis for for this and and she shouldn't have brought it up to me she didn't have a basis for raising these concerns to you is that their assessment yeah we I didn't spend a lot of time talking to her about it so I didn't I didn't ask her for any claric on why she was apologizing I was happy that she said that and I told her I appreciated it okay thank you and um can you describe the disruption that resulted from that distribution of information well yeah I mean it certainly made a lot of people talk
061about it um you know and and wondering people you know people in their jobs wondering what was going on um but we weren't talking about it so I can't can't really speak to what was going through people's minds about it but sure but it was a matter of chatter on the campus absolutely yeah and did you ever see him behave in any way inappropriate with staff students or parents no okay thank you I don't have anything further you make S thank you your honor Dr Wolf good morning my name is Guy Glazer I I don't think we've had the pleasure of of meeting but I represent Miss esam in this case so I've got a few questions for you sure first of all I'm sorry about your back I heard a while ago that that
062you suffered an injury and I I sympathize with that it's uh that's not cool thank you um just to get the dates right I think you you testified that you uh you that you were hired August of last year it's actually August of 2023 right I may have got that wrong yes it was August of 202 I believe it was August 1 was was when I started and and that's 2023 yes okay um and and and Mr Turner had already been hired right he was hired before you that's correct had Turner been given the title of athletic coordinator before you arrived yes what was the purpose of making him athletic coordinator if you know I don't really know I mean I I I have an understanding of what the duties of the position were um
063but I also know that it was a new position but I don't really know the history of of why it it was you know created and and why Mr Turner was made athletic coordinator um I mean I can certainly speak to the fact that I have one athletic director at the school and it's a very large Athletic program and it's not unusual in fact most schools with as many sports as San Marino has generally have more than one person running Athletics so it didn't surprise me that there would be somebody else working as a athletic administrator sure you you didn't make him athletic coordinator though he was already he he'd already he already had that position and and and my specific question is do you know why he was made athletic coordinator I do not
064as opposed to someone else I I mean I don't I mean I can speculate that I mean I don't have I didn't have anybody else working at the school in the athletic department that could have gotten a title ahead of him yeah right I mean we have one athletic director and then Mr Turner became the athletic coordinator gotcha gotcha uh he was also named as a uh substitute teacher correct yes what did Mr Turner do as athletic coordinator well the one of the agreements that with the athletic coordinator position was that he wouldn't do those duties until after the football season was over so so he my experience with Mr Turner at this time was just him being had football coach got you so he was appointed athletic coordinator but he did nothing as weing
065coordinator we actually did have him do a few things but um but it wasn't a lot because he was busy in his role as head football coach and that was part of his agreement when he was hired how about uh substitute teaching how much of how much substitute teaching did he do um I don't believe that he substituted because we were still waiting for his credential he he never taught a class at samaro high school I do not believe so uh what were the clearance issues in terms of being able to be on campus and around students why was that why why was that an issue in this particular case for for his substitute credential well no from yeah I guess so for Mr Turner I mean my understanding is a cleared employee he was
066allowed to be around students that's different from having a substitute credential to teach a class yes and that's what I'm asking so I I just misunderstood that yeah that's what I'm asking what held up the process for him being approved as a substitute teacher I I don't know honestly I've seen some substitute credentials come within you know 3 four weeks and I've seen others take three months I mean there's backlogs they don't tell us they they never inform the school of why a substitute credential takes however long it takes was he ever cleared as a substitute teacher um you know I really don't I really don't remember if that had ever happened or not I don't I don't remember ever seeing him substitute a class was there was there a requirement for a uh a
067district official to be in Mr Turner's presence when he was on campus no beginning shortly after you were hired you had a number of conversations with s Marino High School athletic director David iier concerning Nate Turner is that right I have no idea I mean I talk to Mr iier constantly so I I don't know what specific conversations I mean I can't believe that there wouldn't have been lots of conversations about a football coach during football seasons probably right I I agree and so does Mr iier they concerned Mr Turner's inability to communicate effectively with the boosters for one thing right I I honestly don't recall that conversation I've had conversations with Mr Turner and our boosters about a variety of things but I don't remember having a complaint about his ability communicate with the
068boosters you don't remember that complaint from Mr iier Mr iier coming to you and saying listen we got to talk about this the head football coach is has an inability to communicate effectively with the boosters no I don't I I recall having several meetings with our boosters and Mr arier and Coach Turner that's fairly typical and we were most of those meetings were about purchasing things Mr iie I met with you about Mr Turner's abrasive interaction with officials concerning game scheduling did he not um Mr Turner and I had conversations about scheduling um Mr arier would have known about all of that but I wouldn't characterize it the way you just did I don't remember him ever coming to me with a complaint about it and and and Mr iier isn't necessarily going to come
069with a complaint about it but he didn't raise with you the issue of hey look there are scheduling issues out there with the officials and Mr Turner is not dealing with it well with the officials right uh again he told me that there were scheduling issues he never told me Mr Turner wasn't dealing with it well uh I but to be go ahead to be honest I had a conversation with Mr Turner about how he was handling the scheduling with the officials what was the nature of that conversation um initially it was fact finding um because I was actually trying to help him get the schedule that he wanted um because there were some issues about fairness about which high schools were getting how many home games uh that year um and so Mr Turner
070gave me and I don't even remember the details anymore but he gave me like you know which schools had three games which had four etc etc and he felt that we were being that we kind of got the unfair number um so I on his behalf I had a conversation with the with the area scheduler and I was unsuccessful in getting them to change it and I told Mr Turner that we weren't successful and he obviously wanted to keep trying and so he kept trying to get the scheduler to change it and they didn't and ultimately that was the end of it he he lost his he wasn't successful in getting the changes made do you recall Mr iier coming to you with concerns about the way Mr Turner treated specifically Mr ia's staff and
071even more specifically Miss Liz Liz reuter did you receive any complaints or were you aware of any adverse interactions between Mr Turner and M reuter no did Mr arier come to you uh to discuss Mr Turner's attendance at look no I mean not I don't recall ever having a conversation about attendance with anybody I that really wouldn't be within Mr ARA's purview to really have that conversation with me did you have concerns with regard to Mr Turner's attendance at work no I want to go to August 29th 2023 uh the day that we've been discussing um when Miss esamia brought her concerns to you and Dr RoR Lea first came to Dr Richter's office right near your office and then you came out of your office and observed Lea upset with Dr RoR is that
072how it happened uh I actually don't remember witnessing that my the beginnings of my recollection was when after Dr rter was already with me so if there was an interaction with Dr RoR earlier than that I wasn't part of it well but you had to come out of your office because the interaction took place in the hallway out right outside of your office right your interaction with Miss Esa was outside of your office correct that's correct and you had to come out of your office to get there I did but I don't recall seeing or hearing anything between Miss esia and Dr RoR before before we were together gotcha um and as you testified on direct examination Miss esamia was upset is that a yes sorry yes and M esamia stated that Turner should not
073be on campus because he used to be in a gang had a violent past had several felony arrests and that he abuses women do you recall that that sounds about right yes and you asked her how she knew this information correct um I don't recall asking that exactly but but it's possible that I might have asked her what evidence she had for that statement and that's when you advised her that well once she told you that she had a packet of information you advised her that you're you're going to have to see that packet of information yes and do you recall um Miss esamia stating to you at that time that she would provide such information and that she would also uh provide a packet to uh Mr Chang because Mr Chang was on campus
074that day for that event that you were talking about no I mean I don't remember her saying that okay you don't dis you wouldn't dispute that if she said that you said that I I I don't recall saying that you don't recall saying that she's perfectly well within her rights to do so no um the the uh sorry tell me again what the event was with PCC uh we had a new Medical Arts Academy that's in conjunction with PCC and we were going to observe the teacher is does the teacher from PCC and was the teacher for PCC giving instruction to students or was this a presentation delivered to you Dr deori Mr Chang that sort of thing yeah no I mean there was there there were Medical Arts students and they I the professor
075was demonstrating things I don't know what kind of lesson it was whether he designed it because he knew we were coming in or not I I never asked okay um and then later that evening you emailed your August 29th letter to miss ESO which is at uh exhibit 8 in the binder there yes tell me who told who told uh Mr Turner about Lea's disclosure on August 29th I don't know it wasn't me it wasn't you no was it Dr RoR I don't I don't know you know that um Mr Turner found out that Lea had made this this disclosure on August 29th because on September 1st he pulled her son aside and said hey there's some stuff going on between me and your mom you don't need to worry about it and so he
076was obviously aware of of M esa's complaint right you saying that just now is the first time I've ever heard that I never heard that he talked to her son okay um not disputing that didn't happen but I didn't know about it yeah no I got it September 5th a few days after that you are of course aware that that's the date that Mr Turner filed his complaint again Mr Turner and I never discussed that not my question you're aware that Mr Turner submitted his complaint on September 5th right I'm not aware of that okay he didn't submit it to you no and you don't have any idea who went to Mr Turner with the information that L provided on August 29th I don't I'm going to Che it assumes fact but go ahead I
077I don't now uh turning to this letter um you you you signed this letter but but you didn't write it that's correct um and then just looking at the second paragraph it says here I reviewed the packet of information and after consultation with legal counsel do not identify information blah blah blah and then you describe what the packet contains I may have misunderstood your testimony but I thought you said you didn't review the packet um I it that's correct I did not review the packet so this is just false so no this was me relying on the people who reviewed the packet and helped write the letter well you're not relying on anybody when you say I reviewed the packet of information are you I saw the information when I reviewed the letter before I
078sent it out but but you didn't review the packet as my point that that's true I never opened the packet the day that Miss esamia handed it to me have you since reviewed it no and you emailed this letter to uh Miss esamia after working hours correct well if from my experience I don't really have after working hours but were they after miss esa's working hours yes um in the letter you state that um and I'll draw attention to it if I can find it here oh to right in the very first paragraph you say you also stated that you refuse to report for work so long as coach Turner remains at the high school is that something you remember Miss Miss esamia stating I do remember saying something about that or that she didn't
079feel safe around Mr Turner didn't want to be around Mr Turner something that effect which is very different from I'm not going to come to work right I I honestly don't remember exactly what she said but but to the best of your recollection as you testified today she stated I don't feel safe around Mr Turner I don't want to be around Mr Turner she she may have said I don't want to work with Mr Turner I don't want to come to work I don't honestly don't remember and you certainly remember though that she did show up for work the next day August 30th right and the day after that August 31st yes I mean now I mean I know she was there the next day I don't remember how many days after that and that
080Friday September 1st when she provided her letter in support of her information that she produced on on August 29th yeah I don't remember and then after that after after delivering her letter of September 1st she took a period of medical leave do you remember that I remember her not working I don't remember what the explanation was for leave and and then she returned to to work around mid-september do you recall that I know it's a year and a half I don't recall when so yeah um in the sixth paragraph down one two three four five six with regard to the packet of information that is circulating I want to be clear that the district did not seek out these records from any person or entity do you see that yes and that's that's in direct
081conflict with what you told Miss L esamia that at some point you're going to have to see these records right you did seek them out um no I don't believe that that's in Conflict I mean when she said that she has proof of something wrong uh I'm trying to just my normal response to anybody would be well if you if you think you have some proof you can certainly show it to me I don't think that's the same as the district seeking it out you were you were aware of the existence of the packet prior to August 29th 2023 right I was not why do you say with regard to the packet of information that is circulating the packet had been delivered to you that day in addition to Mr Chang and and um Dr
082RoR uh in the presence of Dr Dori as you testified why would you say with regard to the packet of information that is circulating when the only facts you're aware of is that she delivered the packet to those people you mentioned to multiple people I mean I don't that's all that I'm aware of that that day that she delivered the packet to multiple people on campus I don't know the multiple people are you Dr RoR and Mr Chang right no one else I I those are the people that I witnessed I'm not a I don't know if she gave it to somebody else and yet you say with regard to the packet of information that is circulating so you must have been aware that a packet was circulating because her delivering it to those three
083people certainly is not circulating on campus you told her to that you you wanted to see the packet of information she got the packet of information and gave it to you I've heard that the packet was being circulated to lots of people but I I did not witness that and you don't have any information that L esia circulate circulated the packet or delivered it or gave the packet to anybody other than you three people right I don't have any direct information you were you aware that um the packet of information had been discussed prior to August 29th at a at a at a at a meeting of certain parents uh associated with the football team at the booster president's house yeah you weren't aware is this the first year hearing of that uh I've heard
084that much later that that happened but I have no evidence about that and I certainly didn't know about it okay nobody from the boosters ever spoke to me about any of this right uh let's see same paragraph it says at the very end of that same paragraph toward the bottom of the first page further it is clear from review that the records are not publicly available and contain private information regarding coach Turner again you didn't review the packet so this statement is just not yours it's some else's right I did not write the letter right I mean we've we've covered that I didn't I didn't write the letter so it but but I mean you are asserting further it is clear from review that's that's not that's actually not your assertion because you didn't review
085the packet I did not look at the packet right and then you're aware that um later that night Dr D laori emailed the entire San Marino High School staff with a message concerning the packet and stating that it was circulating among staff I actually don't remember that but I mean this was two years ago I don't remember what the timing of any emails were so based on your I realized we're were limited to your own personal observations you said that all the packets were gathered up by the superintendent so neither you didn't review it Mr Chang didn't review it and and Dr RoR did not review the packet that's correct I mean from my observation right so between the time that M esamia reported the information went home and brought the packet delivered the packet
086to the three of you who are all in her supervisorial chain and Dr deori Gathering those packets to herself the packet the packet of information circulated to absolutely nobody I don't know that right I mean to the best of your knowledge because of your observations nobody reviewed the packet other than perhaps Dr de laor once she took the packet to wherever she did couldn't answer that I have no idea who might have looked or not looked at the P right and and this letter discusses a disturbance creating a disturbance on campus and I think your testimony is people talking about this issue that's the disturbance we're talking about I think the fact that people were talking about what happened in the office because our our conversations back and forth with Dr RoR myself Miss esamia
087was public there were witnesses to it who were those Witnesses uh I mean any of the staff members and students who might have been around the office at the time Miss cribs was definitely there but there was probably other people the counselors offices were 20 feet away um there's always student AIDS in the office I mean but I don't remember individuals can you give me any can you give me any names there anybody who you remember I'm assuming Debbie cribs because it was her desk is right there um but I don't remember any there was anybody else okay but I I mean in the two years I've been at the San Marino office and in the 20 other years I've never been in an office where there weren't lots of people always all the time
088right and a discussion of that nature um about M esmia being upset enough for it to create a buzz if you will um is there anything wrong with that in other words let me let me paint this out for you if a male employee and it's a hypothetical if a male employee aggressively confronts a female employee and that female employee feels threatened and is upset about it and reports it to her chain of command basically is there something wrong with that well it's an incomplete hypothetical yeah I'm not even 100% sure what the hypothetical is I don't know how to make it more simple for you let's assume that a male employee of your high school aggressively confronts a female employee of your High School do you understand that sentence are you asking me about
089if I witnessed that happening I am not at all I'm asking you to frame in your mind the concept of a male employee aggressively confronting a female employee do you have that part in your head sure although for me I don't understand why we're talking about male and female I mean anybody aggressively confronting an employee would cause a stir and a possible problem agreed fair enough now if that female employ female or male employee both forget about gender is visibly upset about that confrontation and comes to her supervisors to report that my question is is there something wrong with that in other words you're saying it created a disturbance of course it created a disturbance it should have created a disturbance right you're hypothetical though is talking about an employee doing something bad to another
090employee Miss esmia was talking about something in coach Turner's past that none of us were aware of and alleging that he was dangerous and did other things to other people that we didn't know anything about so that's very different than the picture you're painting right now about an employee confronting an employee fair enough and and and let's assume let's add to the hypothetical that um yeah this the the the one the employee who feels uncomfortable in the presence of the of the other employee has a packet of information publicly available or not that packet of information contains a lot of adverse information about about the other employee and the employee who is in possession of that packet is very upset about it and comes to her supervisors with it is that is that a bad
091thing is that a a disturbance that's wrong in the context of the of how you run your high school it's an in complete hypothetical or to the judge any redirect no I have a question pending okay she's she's she's she's made an objection to the to the question that it's an in being an incomplete hypothetical and assuming a lot of facts and just yeah okay I'll overrule that go ahead sir you can answer um I mean it's really hard for me to answer hypothetical every Personnel situ situation is completely different um it's hard for me to tell you how I would respond um but there's there's also a difference between somebody you know if somebody has a complaint about an employee we would you know that's that wasn't this case so it's really hard for
092me to answer how I would talk to that person based on a situation that never happened you don't think that uh Miss esamia coming to you on you Dr RoR and you on August 29th you don't think that was a complaint about another employee um no not in the sense that this was that the employee has done something to the other employee in the course of their their job I mean this was alleging that this person had a negative past I mean I don't they're not the same thing I agree that they're not the same thing but there it's still a complaint isn't it yes and I mean it's not like I ever told it Miss esia she has no right to tell me what she was telling me right and that's we disagreed on
093whether it was plausible or not and certainly said if there's evidence we'll have to see it right and that's all I'm clarifying is that that that that happened and and my point is it's not a bad thing that the report was made I in you know in the context of one employee complaining about something that she perceives as a problem with another employee well I would disagree with that a little it's not a bad thing if an employe wants to talk to me or report something but generally speaking I would say that that should be done in private not with an audience yeah so I I can't really agree with you saying that it's not wasn't a bad thing because it really wasn't a good context to be doing it in sure you may have
094issues with the manner in which the this particular complaint was made but you recognize that at the time Miss esamia was very upset she was upset yes on um October 16th 2023 so I want to advance now um about half a month I guess October 16 20123 you met with M esamia at the high school with Dr Rose to offer M esmia that she could retire at the end of the school year do you recall that I really don't I know that Dr Rose met with her and I also know that later on I was the one that gave miss esema a letter from Dr Rose when I collected her keys when she went on when she left on leave but I don't that's a whole month later that's November 15 I'm going back right
095I'm saying I don't remember a discussion about retirement from the from the Human Resources Director you don't remember uh Dr Rose giving Lea 3 days to decide were you in that meeting I really don't remember it and then Lea asked what would happen if she chose not to accept that offer and Rose told her in response I'm just trying to jog your memory here now Rose told her in response that if she did not accept that offer disciplinary proceedings would be brought against her and she would be referred to the Department of Justice do you recall that no okay I there's there's an email in the packet from Dr Rose that kind of outlines all that anyway I just I'm probing your M I don't and I have to say too that this was all
096my first two months at a new school a lot going on and so the timeline is not really fresh in my memory anymore I do sympathize with that yes um did you or Dr Rose or anyone else to your knowledge refer L Esa to the Department of Justice I I I did not and so and I'm not aware of anybody else doing it did you or Dr Rose or again anyone else to your knowledge refer L esia to any law enforcement agency again I did not and I'm not aware of anybody else doing that turn to uh exhibit 10 if you would please by the way I I don't want to I don't want to just keep going if somebody needs a restroom break I'm I'm good but if if if if we've been going
097for a while so I don't I don't know if it's appropriate to take a break it's up to you guys oh you want to offer the break for maybe 10 minute break 10- minute break I I I I think I want to go R soon yeah thank you so much want to take a five minute break yeah yeah okay let's that sorry Dr Rose I I just want to keep rambling on if people need a need a break staying did I just call you Dr sorry about that too Dr Wolf staying to continue his testimony yeah I've got more questions for him I just didn't want this was a good breaking point so yeah go ahead five minute break your last HT e r yes CRI c i BBS I might have toh ask you
098to use your tape one more time I need to a mic that sitting right here yes fter wolf when you want to get out don't try to squeeze in there because you might not K over let me know and I'll I'll pick it up and leave it for you okay e e e what no no I y good that's why sh like Chargers Char La Chargers oh Chargers e e so e are you writer Ru t r say that again writer Ru t r just like the news organization than e e e yeah that's the cas y e e e no just one all right let's go back on the record see you Council thank you your honor um Dr Rose do you have exhibit 10 there in front of you Dr Wolf gosh I
099am so sorry you both have four letters in your name and I've done this for now over two years confused the two of you I really apologize I really I'll do my best not to do that again I'm taller and much better looking I we can all stipulate to that um Dr Wolf you now have before you Dr The Letter to Dr Rose that is exhibit 10 right yes and this is a did you see this letter when mesia submitted it to Dr Rose I don't remember seeing it do you remember when you first saw it or was today the first day I I don't know but you have read it I've read it I just read it now oh perfect is there anything in that in this letter with which you disagree um me
100that's a pretty broad statement yes it is excuse me may we pause to be able to read this we haven't seen this yeah I apologize I'm not I'm not familiar with what the board has reviewed or not we haven't been given evidence great yeah no please let's take a moment yeah I'll have an objection you have further questions I I do I is every finish the reading yeah I read go ahead okay go go ahead thank so much sorry I just I I want to posee an objection to the question it's over Brad and he if he has specific questions about the letter he can ask that yeah is there any well let me is there anything that jumps out at you then that you would disagree with or take issue with well you haven't
101laid the foundation that he's actually read the and studied this letter so well you did did just testify that he read it right read it but not studied it I I don't really know that I can answer your question because this is a letter stating Miss esa's opinions based on accusations that she thinks she knew about I mean if you're asking me whether I agree with this letter I don't know what I would agree or not agree with I I mean I'll tell you I don't agree with the premise of it because again this states that there were allegations about somebody from people I don't know and situations I know nothing about and you don't think that there were any such allegations I I you know what I don't know that I've never I've never
102seen any thing to lead me to believe that there was or was not anything against Mr Turner from his personal past that I know nothing about right okay um let's take take a look at uh exhibit 12 if you would please it's an October 30th letter from uh Mr from Dr Rose to miss esine did you ever see this letter I don't remember this one no this letter purports to uh provide a report of an independent investigator which is right behind the letter I'm going to object the letter speaks for itself did you looking at the report of the independent investigator do you recall looking well it's a executive summary of a report it's right behind the letter did you see this executive summary I mean I don't need to look at it to tell
103you no I've never seen a summary by an investigator before okay um my my concern with this and my questions but but maybe maybe you're not the right witness but I'll I'll see if you are it says um specifically Mr Gonzalez concluded that you obtained personal information about Mr Turner that is not a public record and that you distributed those documents that contained personal information about him to others that's what Dr Rose States in his letter and then the executive summary says absolutely nothing of the kind you can't find in the executive summary that matches up with this paragraph can I finish my question no it's not a question you're justifying erroneously about the content of the document well they do listen they speak for themselves I absolutely stipulate and concede that these speak for
104themselves I'm my question is is the witness aware of the distinction between the language and the letter and the language in the executive summary are you aware of the objections overruled I've never seen the executive summary so I can't tell you whether I would agree with any language in it or not got it e go to the second binder sorry we're going to come back to that first binder so don't put it away but and then uh it's the very first one exhibit 19 I'm sorry I didn't hear come yeah it's uh exhibit 19 did you have any input into this letter as far as writing it goes no correct okay um Dr Dr Rose delivered this letter to you and and asked you to deliver it to L is that how that went that's
105correct and take her keys and send her home yes sorry I didn't hear your question and take her keys and send her home uh did you say anything to Lea when you delivered this letter to her I did I said I was sorry I was the one that had to give it to her now in this letter uh Dr Rose talks about an investigation it says this letter is to notify you that the district is conducting an investigation are you aware of what that investigation was no were you aware that any such investigation referred to in this letter was completed at any time yeah it it says upon completion of the investigation your that's Mia's status shall be reassessed and you shall be notified accordingly did you ever reassess M esa's status or notify her
106in any way no you've never spoken to her since November 15th I take it that's correct are you aware of anybody else within the administration reassessing uh Miss esa's status and informing her accordingly I'm not aware do you recall a meeting on or about November 30th now so I'm going two weeks uh after you delivered this letter to me esamia do you recall a meeting on November 30th that you attended at the high school with Dr Rose and Mr Turner and several High School staff members including Michelle Kiros and Debbie cribs and this meeting was concerning rumors going around about Mr Turner's background do you recall that meeting I recall the meeting I don't recall it being about rumors specifically um but I but I remember that I remember when Dr Rose came and met
107with them do you remember that Dr Rose informed the staff staff members that the rumors about Mr Turner concerned a different Nate Turner than the San Marino High School football coach no and you don't know what you don't even recall the word rumors let alone what the rumors might have been about right do you recall Mr Turner stating in that meeting to the staff members that they could Google his name and learn bad information and good information but that he was not the bad Nate Turner no at this same meeting Dr Rose confronted the staff members about Whispering about Nate Turner do you remember that no do you remember the staff members confirming that they whisper all the time because they are dealing with confidential information concerning students and that the whispering had nothing to
108do with Mr Turner and that the whispering most certainly would continue do you remember any of that yeah okay would you would you um if if if the particular staff members involved stated that all those things occurred would you have any reason to dispute their their recollection of that lead I mean I don't recall what you're what you're asking me so to ask me whether I would dispute somebody else's recollection I don't know how how I would answer that right somebody somebody could that their recollection could be their recollection it could also not be the truth I I would have no idea right fair enough so let me rephrase the question do you specifically remember and are you testifying here today that these things never took place at that meeting I am saying I did
109not hear any of those things okay um let's go back to binder number one and go to exhibit two this is the this is the thick material that we've all been referring for many months to as the packet did you ever ask Mr Turner about the contents of the packet I did not did he ever to you without you asking him did he ever come to you and deny that anything in the packet had to do with him he did not did he ever discuss in any way the packet with you he never discussed the packet with me the only thing he ever told me was that something to the effect that things that people are saying about his personal life weren't true gotcha the very first page of exhibit uh 2-1 is a um
1101999 Las Vegas Sun um newspaper article have you read that before no you've never seen it would you look down at um well go to the second page exhibit uh page 2-2 okay and if you go down it's obviously the paragraphs are not numbered but it's basically one two three four five six seven eight nine uh oh sorry one two three four five six do you see where it says I used to be in a gang yes and then it says I used to sell drugs you see that yes and if that's an accurate uh I'm not saying it is but if that's an accurate uh quote of Mr Turner would you agree that Mr Turner himself has if it's an accurate quote Mr Turner himself has stated I used to be in a gang
111I used to sell drugs I don't know how to M Mr Turner is saying that and that being the reality of his past are not necessarily the same things right so I I don't know that I'm in the position to to say what he has or hasn't done if if if um when M esamia came to to you on August 29th and said the words that she said to you including he used to be in a gang he used to sell drugs if she's basing it on this information then she has information in front of her about those subjects right I mean it's not like she's just making it up it's here in this article in apparently Mr Turner's own words would you agree with that incomplete hypothetical it's also um an article and not
112um well did that over I mean if Miss esima read this then she read it I I don't know that that was the case she certainly never said anything about a Las Vegas newspaper article well she delivered it meting she delivered it to you right after you told her to get the information yeah you didn't look at it I get that but um and then the next article which is which begins on 2-4 have you seen this article this also is a 199 uh Las Vegas Sun article no no and I'll tell you the only thing that I've read about Mr Turner was the things I looked up about his pro football career fair enough because I was curious yeah and then if you go to the second paragraph here it says according to the
113police report an unidentified ified victim contacted Henderson police after she said Turner approached her at her car in the mall parking lot and then after the victim turned to walk back into the mall the police report says Turner stated I'm heated and if you don't talk to me you know what could happen objection it's double here say I didn't hear the quote you said Turner stated I'm I'm heated and if you don't talk to me you know what could happen and the only reason I raised this it's it's old it's over 20 years old conceeded It's but again if M esia comes forward with information about Mr Turner that she's relying on in this article which she did provide to you then she's not just making it up she has some basis for that report
114would you agree with that I again I don't know really how I can answer that I I don't know what she read I don't know what she's assuming from this I also don't know what in here is actually factual since these are quotes from other people right sorry uh go to page uh exhibit 2-15 if you would please do have have you seen this before this is a declaration of amorous Bell in support of a request for a domestic violence restraining order no you haven't read it no okay if let's let me just let me just say if there is information and the board will have a chance to review all this stuff and we don't need to take their time now to review it but if there's information in here and this is much
115more recent in time 2022 if there's information in here about accusations by Ms Bell toward Nate Turner and M esema is reporting that to you as accusations of Mr Turner abusing women you would agree with me that she has a foundation for what she's reporting she isn't just making it up right well that's the third time now you've asked me that my answer is still going to be the same I don't I'm not in her head I don't know whether she's making something up or not I don't know what she's read I don't know how she's using what she's read to make her opinions I just I'm not I don't have the ability to answer that okay we want to take you to April of 2024 so we're again jumping pretty far ahead of where
116we've been the end of 2023 April of 2024 my understanding is that Nate Turner was banned from the San Marino High School campus and told that he must report to the district offices for work do you recall that um I recall Nate working from the district office I don't recall anybody ever saying he was banned do you know why he was no longer on the San Marino High School campus but instead at the district office um he was asking for the district office to and human resources to be involved in things that he was upset about I mean but I don't really I never really knew what the reason was for him working at the district office Nate Turner is obviously no longer employed by San Marino High School or the the sanar Unified School
117District right right were you part of the process uh involved in terminating Mr Nate Turner from employment ass simps facts um I was not I did not terminate Mr Turner do you know why he was terminated again it assumes facts that he was terminated yeah I I actually don't know that as far as I know Mr Turner left because he got another job oh okay I thought I thought you testified that you were that you were in agreement that he had been terminated my my understanding could be incorrect but I thought that he left for another job well let me ask you did he leave for another job at San San Bernardino Community College have that job while he was still receiving a paycheck from San Marino Unified School District that I don't know so
118you're not aware that later on down the road he was terminated by San Marino Unified School District long after he had gone to San Bernardino right no I'm I I don't know that timing at all gotcha uh has has Nate Turner now filed a lawsuit or a government claim against you not that I'm not that anyone's ever told me about has he filed a lawsuit or a government claim against San Marino Unified School District don't know okay to exhibit sorry exhibit 16 2-6 yes please sorry no I'm sorry no 16-1 this is a November 1st 2023 notice of intent to dismiss and it appears to be authored by Dr Rose my only question for you is did you have any involvement in uh grafting or or reviewing and approving the the material in this document
119no have you ever seen this document before I don't think so and then um exhibit 18 this is the December 11 2023 final notice of intent to dismiss same question you I take it you didn't have any input to this do I don't have any further questions thank you and again I apologize for mixing up your names that's not proper can you redirect yesir uh let's look at exhibit 8 the August 29 letter and two or one oh sorry that's in one okay finder one tab eight actually let me let me go back to your conversation with Miss esamia when she came to you to assert issues around Nate Turner that was on August 29th correct yes okay and none of that had anything to do with issues on campus is that correct right and
120in fact not in the district is that correct right and the letter dated August 29th you testified that this was on behalf of the district correct yes so it's your signature but as you testified there were several people that worked on this letter correct yes so um whereas you may not know about circulation of the packet of materials the district did have that information as reflect in the letter is that your understanding yes and you testified you were not aware of an August 27 meeting August 277th meeting I I believe Council was asking you if you were aware of a a a meeting on August 27th regarding issues with Mr Turner no was that the one with with the boosters or correct correct I I actually couldn't recall if he me and that just that
121I mean it doesn't really matter but it misstates testimony I didn't allege that that meeting occurred on August 27th it it didn't um then I must have taken notes incorrectly that's exactly what um was that for the record because I couldn't hear you no it's okay so you don't know who may have or not received who received information from that packet of material any date before August 29th is that correct yes that's correct now in the August 29 letter um looking at page exhibit 8-2 the First full paragraph during our conversation um is that you informing miss esia that she can file a complaint if she has issues related to Mr Turner yes and that's the normal procedure for any employee to file them with the human resources department and uh Council had you look
122at the September uh exhibit 10 September one letter is there anything in this letter that suggested that Miss esea had been threatened by Mr Turner um no or had been in any way um treated inappropriately by Mr Turner No in fact this was all um allegations regarding his past is that correct yes now Council mentioned that after the August 29 letter Miss esamia did return to work right and the August 29 letter again that's exhibit 8 does in fact inform miss esamia that she must return to work is that correct yes um let's see are you familiar with uh notice of intent to dismiss generally um really more from just my course work I mean in all my years of being a principal H HR directors never share that with the principles so never really
123spent any time seeing the process that's handled through the human resources okay um is it fair to say that speaks to the status of the employee yes was it your understanding when Miss esamia spoke to you about Mr Turner's past that she was speaking in terms of allegations or facts hard for me to remember the language but in my mind it's all allegations because if you pass a doj screening that means you do not have an arrest record so if you haven't been arrested and you haven't been convicted it's an allegation [Music] okay and you're not aware of Mr uh Turner being terminated by the district correct no I I the the timeline I I I lost interest in it because it was such a long series of events after he left to take the
124other job so um I know that there was questions about whether he was still working or not working but I I mean I wasn't involved in any of that at that point and I was busy trying to find another football coach so fair enough okay thank you nothing further nothing further thank you I have a question um Dr Wolf um were any students to your knowledge um pulled from the football program for safety concerns no anything further nothing for thank you Dr Rose in the building no no you're good Dr can I have quick question too so I believe that uh Miss Miss liia has a son that in H Team too right I'm sorry I didn't hear the question I believe that miss lyia the this liia the he also son in the football
125team you said yeah right yes but she he was continuing the hoop program after dayon as far as I know do you know of any um retaliation against her son or sitting him out or anything okay nother any more question okay thank you do thank you thank you call your next witness Dr RoR go no but I don't think she I usually get the names of people that are also present I didn't get a chance to get her name the name is uh Stephanie Duncan Stephanie oh that's Stephanie D Stephanie Duncan Duncan thank you and you sir and the red time can I get your name please n o r g a r d Chris raise your right hand and be sworn you swear to tell the truth whole truth and nothing but the truth
126so help you go I do thank you be seated St your full name for the record please my full name Lena RoR hi Miss RoR are you an employee of the district I am and what is your position my position is the assistant superintendent of educational services and how long have you held that position I've held that for about four years and have you held any other positions in the district I have my first year here I had the position of executive director of educational services and before you came to the district were you also in the education field yes and tell me about that I spent a little over 30 years in the Glendo Unified School District and in what what positions did you hold in Glendale um teacher teacher on special assignment principal
127assistant principal and director at the district level are you Miss esamia supervisor I am not do you recall an incident that occurred on August 29th 2023 involving respondent L esamia yes and what was that um that was an incident where I was sitting in as the assistant principal at the high school they did not have an assistant principal at that time so I was serving as the assistant principal and um Miss esamia I was sitting in the office the assistant principal's office and Miss esia came in um very visibly um bothered um and shared um that she did not feel comfortable being at school being on the campus did not feel safe because of Coach a coach that was there coach Turner that was there did she tell you why she felt um that way
128about Coach Turner yes she shared that um she has information that he had has a history had a history of violence um against women domestic violence and drug and gang activity did she state that she had [Music] um experienced any conduct by Mr Turner towards her that caused her to feel unsafe no she did not and what did you say in response I asked her well I I tried to you know calm her down assure her that she would be fine um and I told her that to my understanding coach the coach was not on campus during that day um and how she had that information how did that information come to light she said that she has that information and the information was also shared with the District administration but nothing was being done
129with that information and so she wanted to make sure that everyone knew would you mind slowing down a little bit of course thank you uh did she tell you where she if I understand your answer that did she tell you she had information regarding these allegations or this supposed conduct she shared that she had um information about his history about these allegations and were these documents to your understanding um I believe so yes they were documents did she tell you where she did she tell you where she got those documents yes not exactly when I was sitting in the AP office but when we were having a conversation with Dr Wolf when I shared the information with Dr Wolf as well um and later was in the room she came in as well and um
130reared what she had shared with me with Dr Wolf and um she shared that she had received them from the courthouse she had retrieved them from the courthous um she shared that nothing was being done by The District administration and so she um was doing her due diligence and went and got the information did you have an understanding of what she meant by due diligence um no I just understood her as taking it upon herself to to get the information since there in in her opinion there was no followup from the district is the the health services assistant and management position at the school site right no is is it within the scope of that position to um investigate employees it is not who is Susan Wong Susan Wong is a parent in our district
131and um well let's go back to when to August 29th um did you receive a packet of materials from Miss esamia I was provided a packet while we were in in the Medical Arts Academy classroom by Miss esia and how did oh my God are so heavy that's that's quite an interest some water actually broke a foot that way okay proceed thank you uh let so we were talking about when you received the packet of materials um can you tell me how that occurred we were in the Medical Arts classroom doing an observation we had um the superintendent with us we had Dr Wolf the school principal with us we had visitors from Pasadena City College because our Medical Arts Academy involves dual enrollment and so they were coming to visit um and so we're
132observing the classroom and Miss esamia came in and distributed packets to each of us okay did she say anything to you no did you hear her say anything to anyone no okay um and instruction was occurring at the time is that right correct what happened after you received the packet um we did not open them because I did not open them because we were in a classroom with students and instruction was occurring um and then Dr delator asked that we hand over the packets to her okay do you know why the superintendent took the packets um no I do not did you become aware that respondent provided the packet to Susan Wong um no I do not know that she for sure with confidence that she handed it to her okay are you aware that
133Miss Wong received the materials yes she did share that she received it via email via email but you're not certain from whom is that what you're saying correct she did not want to disclose um did she say why she didn't want to disclose she didn't she shared that she did not want to disclose that information because she did not want to get anyone in trouble um do do you have a sense of how somebody might get in trouble for disclosing that information no I did not want to speculate speculate did you work with Nate Turner I did and in what ways did you work together um we had a lot of interaction with regards to District Operations once he was hired we were introduced we gave him a tour of the school he would reach
134out to me for questions regarding certain protocols and procedures that were pertinent to the district and how would you describe your interactions with Mr Turner um very professional did you feel threatened by him in any way not at all did you ever see him behave in any way inappropriate or threatening to any staff or students not at all did you ever receive a complaint that Mr Turner acted in any inappropriate way to with staff or students nope no further questions Dr rer I'm guy Glazer I represent Miss esame I don't think we've had the pleasure of meeting before we not it's a pleasure to meet you um going back to August 29th you you I think you testified that when M esamia came to you um you had to console her she was she was
135upset I tried to calm her down yes and and in fact you told her uh you know it's okay if you need to go home for the rest of the day no I did not tell her that okay um you stated that Miss esamia stated to you that she got the packet from the sheriff's department no from the courthouse correct did she ever tell you she got it from the sheriff's department no not to my and not that I can recall no is it possible that M esamia told you that you can get from the courthouse I don't recall it could have been that she could have said look you can you can you can go these are public documents you can go get them from the courthouse well if they're public documents I would
136I would know that yes but that's not really my question my question is Miss esamia told you that I don't recall that but that could have happened well anything could have happened but I don't recall her stating that to me fair enough and and with regard to due diligence do you recall Miss esamia telling you that the dis she's she was complaining that the district wasn't doing anything and that the district needed to do its due diligence no not in those words in her words to me were that the district has this information and nothing was done or is being done but she took it upon herself to do her due diligence and retrieve those documents from the courthouse do you recall uh Dr Wolf stating to M esia during that same meeting that um
137he was going to need to see those documents no nothing further thank you I have nothing further nothing further question um I'm kind of confused about the timeline of the um the day August 29th can you um to your best recollection when um Mrs esia came in like what was it directly when she came in to work and then when she talked to you and Dr Wolf and then the classroom the timeline of how that unfolded just how it unfolded with the packets and then the packets collected so just so I have a better idea the day of course um it was a morning I'm early morning probably not first thing in the morning but very early in the morning um when I was in the assistant principal office the AP office um when Miss
138esamia came in um at that point after she came in and shared with me she had left I went outside to greet our guests that were coming um ran into Mr Dr Wolf um went into Dr Wolf's office to share with him what Miss esamia has shared with me Miss esamia came in at that point and res shared shared with me to both of us we then walked out and um escorted Our Guest to the Medical Arts Academy and that's where Miss esamia came back and distributed the packets so like what time was that class I guess is what my question is um I don't remember what period that was okay any other questions so she talked to you about the issue three times that day in the morning and at the Dr Wolf and
139with the PCC president is no only twice there was no conversation about the packet or its content or what she shared earlier with me it was only in the morning in the assistant principal office and in Dr Wolf's office Dr office anything further of this witness thank you thank you okay thank you um it's almost noon so let's take a an hour long break so about one o'clock okay thank you thank you the opposite well yeah we we're going to exactly address it I think the entire the entire okay binder set will be admitted yeah thank you okay right now it's 10:4 p.m. U we recit for the the meeting all right let's proceed um your honor if we may um the council and I have disc the exhibits and admitting the set of exhibits
140um you're agreeable to admitting the four binders all as one in one swoop so that we don't have to admit each document by document okay so all the exhibits exhibits one through 52 okay are admitted and um 42 is a blank and it's noted as withdrawn so when you see that and you'll bind you you'll know why okay thank you all right let's proceed call your next witness please our next witness will be Nancy cek yes k r a JC i k yeah there's a lot of cords so be careful raise your right hand to be sworn you swear to tell the truth and nothing but the truth so help you go I do thank you uhuh state your name for the record please Nancy kic okay and would you spell it for the record
141as well yes it's k r a j c i k and what is your current physici um I'm actually retired are you a former law enforcement administrator yes okay but you were not a sworn that doesn't mean you were a sworn officer no I was non sworn okay um what was your first position as a law enforcement administrator I was hired by city of Redondo Beach as a police services specialist in 1989 and what did you do as a a Services specialist Police Services specialist was in charge of maintaining all police records created and held by the city of rudondo beach okay uh what kind of Duties did you hold in that position well we did all kind of office jobs but our main duty was processing and maintaining the Integrity of all police reports
142um evidence we prepared misdemeanor filings for court prepared felony paperwork for felony filings and we were in charge of the release of documents okay and how long were you in that position I can't remember the exact date but I believe about seven years and then I was promoted to lead Police Services specialist say that one more time lead Police Services Specialists got it and how long was that in Rondo Beach yes yes and how long were you um did you serve in Redondo Beach Police Department um I left Redondo October end of October 2002 2002 and after you left Redondo did you take on another position supporting yeah police Administration yes I know a court reporter is taking everything down so we have to be careful to not talk over yes I um we relocated
143at of state and I before I even left Redondo Beach I was hired by the Stevens County Sheriff's Office in cville Washington okay and what was your position in the Washington and Sheriff's Department administrative records okay and what were your duties in that role um it was a small agency so we did all the office work but we also um maintained and processed and made sure all police reports created by the Stevens County Sheriff's Office were correct and accurate and we prepared the documentation to provide to the prosecutor's office for filing um we were in charge of release of documents and records um we registered sex offenders and completed all the paperwork for that um just anything within the sheriff's department or records related to records yes yes um you mentioned release of Records is
144that a particular area of [Music] um well drri that back what um how long how long did you work for the Washington Sheriff's Department um I got hired in January roughly of 2003 and I stayed there until I retired in April of 2024 so 21 so what was your total years total years in law enforcement records uh just under 34 years and did part of your duties include training and the confidentiality of of Poli records yes when I was promoted to lead Police Services specialist at the city of Redondo Beach I was sent to training to become the Department's train the trainer is what they called it and I provided uh training to all sworn and non-sworn Personnel in um maintenance of Records uh use of the state systems The Wanted person's stolen vehicle system
145and release of documentation um this was in Redondo Beach yes are all law enforcement um Personnel required to take the training related to confidentiality of of Records to my knowledge yes now is there uh are both police and Sheriff considered law enforcement yes um the district asked that the board recognize Miss kchek as an expert related to law enforcement records objection your honor um clearly this witness is qualified for that role in Redondo Beach which has nothing to do with this case um she did not she did not for she did also did not work for the LA Sheriff's Department if I heard correctly I think so she doesn't have expertise in anything that would matter in this case overruled thank you I answered um are the laws governing um release of Records um state
146law yes um have you testified as a witness before I have testified in um well I guess I would have to say yes okay as an expert witness not an expert witness no now what did you prepare or review to prepare for your testimony today I uh the documents received by Council I uh reviewed and watched post video on records training I reviewed some Penal Code sections and government codee sections uh were those sections that you were familiar with based upon your work in um records maintenance yes to update my knowledge um and the LA Sheriff policy manual is that something you reviewed yes that was part of the documents provided okay and a video that's prepared by the LA Sheriff's Department regarding records retention and and confidentiality the post video post video is what
147it's called police officer standard of training video okay um are all public records available to the public no um why is that well all documents created by a public entity could be public records but then you have to apply the exemptions under government codes and Penal Code sections so not every document created by a public entity is releasable to the public okay can you take a look at next to you are some binders if you look at the first binder tab three so it's binder one tab three might have gotten out of order I don't know not sure if this is binder one it should be binder one tab tab three no it's not bad sorry I'm sorry okay I know they got out of order when okay this is of the last one no
148problem so we're looking at tab three okay yes does that look familiar to you yes it does and did you see these documents under a confidentiality agreement yes I did um were you asked to use your experience and expertise to evaluate whether these are public records yes let's go through them looking at 3-1 through 3- two I'm sorry 3-3 can you tell me if in your opinion these are public records no they're not public record okay um let's keep going with the rest of these documents starting at 3-4 through 313 are these public records no they are can you tell um where these records were generated from no I cannot te tell I can guess but I cannot tell for sure if we look at 3-1 does that tell you where that document comes from
149well it tells me that it is a Los Angeles County Sheriff's incident report um but you're making a distinction that you don't know where it came from right well I'm assuming it came from their data base but how how it that happened you don't know I don't know I appreciate the distin yes okay and each of these records um is it is your answer the same for each of the records that they came from a d or appear to have come from a database from the County of Los Angeles sheriff's department the yes the only one I have question about is uh 3-13 example or exhibit 3-13 and what what is your understanding of this document well this appears to me to be a request by an individual and I'm assuming it's Aeris Bell the
150copy is hard to read um for the sheriff's department to serve documents some sort of documents on Nathaniel Turner um in a civil case so some kind of civil papers were being served upon Nathaniel and this was a request for service is this something you would call an instruction sheet yes is this an internal Sheriff's Department record some Sheriff's departments some have their own forms some attorneys come in if they're representing a individual and I'm assuming that this signature at the bottom it doesn't look like a Maris Bell signed that so I'm assuming someone came into the sheriff's department on behalf of Ameris Bell and had documents that wanted to be served that's what I'm assuming this this sheet is so I'm not sure that this came from the sheriff's department database okay what does
151this sheet tell you um the instruction was to uh serve documents under case number and the case number is written so that's a court case number to serve documents on a Nathaniel Turner um giving description of him what he did for a living where he works the hours he works and where he works at to possibly give them more information or help them get him served with these documents they want to serve him with something and this is where they could do that right right and does that indicate a a location well it has an address of 2701 Huntington Drive so that would be one address to serve at and above that where it says San Marina oh hi school to serve at and it says his hours of work so the intention was to
152serve at either one of those this is information to help you get help the sheriff's department get these documents served so other than this U what we'll call instruction sheet it's your testimony that these are not public records corre 3-1 through 3-12 yes and they include fingerprints yes they include driver's license at 3-10 or some kind of photograph birth date right this those documents appear to be part of the um part of the booking process when this individual was brought in into the county jail Los Angeles County Jail um take a look at tab six on page eight 6-8 correct that's the page okay do you know what this document is well it looks like it's a part of the policy manual and procedure for the Los Angeles County Sheriff's Department correct um looking at
153three 0.10 responsibility can you read the bullet points um only active law enforcement officers and authorized civilian criminal justice Personnel acting within the scope of their duties are allowed to disseminate or receive criminal records information okay you don't need to read the second one okay um actually that's all I need from is that your understanding that there's a limitation on the ability to receive and disseminate records yes because they're not public right right and there's our rule of Thum was always there's always a need to know and a right to know and you might have the need to know it but you don't have the right to know it or you might have the right to know it but you don't need to know it so um these records that are not subject to disclosure
154are they privileged and confidential is that a yes yes I'm sorry um it regardless of whether a document is is public or not disclos not disclosable is there a process that has to be used to obtain records from the LA Sheriff's Department I can't speak for the Los Angeles County Sheriff's Department I can speak for the agencies that I've worked with and the agencies that I've dealt with you know during my career um there has to be an audit trail of all documents released and normally um and as long as the laws are applied then each individual agency May develop their own policies and procedures as how to meet those laws and to release those documents um I don't know of any agencies either the ones I've worked for the ones I've dealt with sister
155cities other agencies that didn't have a precise procedure on the request and release of documents it's normally done in writing sometimes things can be released over the phone but it's very limited because you have to know who you're talking to on the other end and that can be difficult um so there's always a paper trail documenting who requested the documents why they wanted it and then what was actually released to them and that's kept for audit purposes okay and is that because those records are um specially protected as privileged and confidential well you never want to release anything that may harm someone or the information in that document may put someone in Jeopardy um interfere with a case that may be pending and once that document is released to the public there's no you have
156no way to control what that person is going to do with that document so it could be so you really have to keep a track close track of what you're releasing um for those reasons confidentiality safety Integrity of an investigation Integrity of an investigation and the fact that in many cases it's allegations and not um convictions or final correct DET that's that's huge when you say that's huge what does that mean well the general public um how do I want to say this with um allegations are just that allegations and everyone is innocent until proven guilty so but people tend to sometimes if they hear someone's been accused of something that you know they don't keep an open mind there might be extenuating circumstances there might be evidence that proves otherwise so just because someone
157is accused of something doesn't mean they actually did it or they're convicted of it so you don't want to throw that information out there it could be damaging oh totally damaging yes are you aware of the consequences for an employee of local law enforcement who obtains law enforcement records without a valid law enforcement purpose uh yes and what is that discipline up to and includ including excuse me termination and possible criminal charges are you aware of the consequences for an employee of a local law enforcement to distribute law enforcement records to friends acquaintances or retired law enforcement or any other person who's not entitled to to receive it that's they could same thing discipline they could be terminated criminal charges could be filed uh and is is that something that may result in an internal
158investigation yes yes and are you aware of the consequences for a person who receives or possesses the record or information without um that is not a sworn law enforcement officer that is just the General Public public that has received correct I I really don't know I'm I'm I don't know that I can't answer that fair enough fair enough okay would you be surprised to know it's a misdemeanor no wouldn't surprise me okay all right thank you I don't have anything further okay ma'am my name is Guy Glazer I represent m l esamia in this case uh just just a couple questions um I just want to make sure the training that you provided to trainers that's all Redondo Beach Police Department that was limited to the Redondo Beach Police Department work on on California state
159law post standarded training for officers in California right but the training I specifically gave was to that department that's what that that's my question yes I'm sorry yeah it was limited to Rodondo Beach Police Department correct um you ju on this um on exhibit sorry on exhibit three which is the other than the instruction sheet all of the other documents that you said were um confidential documents you you mentioned that it looked like they came from a database um we we can't tell at all that these came from a database right this could just be a copy of an incident report correct and I'm assuming that it came from the sheriff's department database now why would you make that assumption it seems to me that that we could also just as easily assume this is
160a I mean somebody made a copy of a written incident report true that's very true however knowing law enforcement agencies and especially the size of the Los Angeles County Sheriff's Department I'm sure their information almost positive is stored in a database and um most agencies are trying to go paperless so information is stored and officers have laptops now and they're creating their reports right from their laptop and sending it right to the records management system of so I'm assuming that that's how the sheriff's department is do I know for a fact no I don't right now and then look really quickly if you wouldn't mind at um page 6-2 sorry 6-8 again uh tab six tab six page 6-8 right okay and you read a a section of 3-09 responsibility that places the responsibility for
161maintaining confidentiality of Records such as this with the unit Commander does it not yes and let's go back to um page sorry to make you jump around in the notebook exhibit three again starting with 3-1 I think you were at and then and and 3-1 three D1 yeah sorry and then flipping through all of this stuff I think you were asked about what might have been confidential confidential information including um a driver's license number a phone number is is there a for the for the purpose of the individual named here as the arreste Nathaniel Turner is there is there a driver's license number Social Security number address phone number listed yes where do you see that uh well there was um there's his date of birth and then if you go further I think it
162was on let's see booking sheet shows um personal information and sorry which page you on now oh I'm sorry 3-7 has his date of birth on there yeah I didn't actually ask about date of birth right so I asked about driver's license Social Security no I I didn't I don't remember specifying that Social Security and but P even this personal information date of birth is not releasable but it's not here it's not on these documents that I can tell other than the date of birth which I'm not asking oh Social Security and driver's license are not on there right and neither is neither is his address or phone number no at least iates I'm just asking if you can if you can find it because I I didn't 3-7 3-8 or I'm sorry nine Sor
163I forgot my glasses so bear with me here no problem I have to keep going up and down with mine so um on 3-9 right oh I'm sorry that's location of arrest I'm sorry right that's no his address isn't on there okay um nothing further from this witness thank you he real quick redirect this tab six tab six- eight dh8 okay Council asked you about the unit Commander uh does that suggest to you that only the unit Commander has the responsibility to um ensure that law enforcement records are maintained confidentially to me this tells me that the unit Commander is in charge of making sure that all employees adhere to the department policies and procedures in releasing documents so maybe he might uh assign a release of a document to somebody else but to me
164this says he's in charge so he's in charge but not the only person that is correct okay correct and and if you look at the third bullet point um could you read that one as well yes knowingly releasing Criminal records information to unauthorized Personnel such as friends acquaintance acquaintances or retired Law Enforcement Officers is a misdemeanor right thank you nothing further no further questions no further questions thank you you're welcome yeah yeah so I I know that the section 3.9 you just read the the unique Commander isn't the not supposed to reled information but what about the person who asking the the information are they going to be the also prosecuted do you know what I mean like he said that you cannot you're not supposed to relas to the your unauthorized personal such as
165friend right correct but what about the unauthorized person themsel is going to be endorsed or prosecuted no first the unauthorized person requesting the information um oh that's not the scope of this document oh we went through this it's the first bullet point under six right and yeah 6-8 6-8 yeah okay bullet point one so if if I'm understanding what you're asking if so this this is conduct for The Unique Commander right right yeah but so if an an employee yeah and please correct me if I'm not understanding if an employee went to the unit Commander to request a copy of a documentary record and they didn't have the need or the right to know is and then they de minated that information outside of the department are you is that person requesting could they be
166yeah oh absolutely oh so it's suppos first person may I give an example yeah we had an employee that had the right to know information with the city of Redondo Beach she obtained records obtained through the police department and was um taking that information and um selling it to an attorney a civil attorney if she was internal she had the right to access that but not to obtain those records because she didn't need those records to do her job um she was making some money money on the side she was selling those documents and she was an internal affairs investigation and she was prosecuted criminally in a court of law misdemeanor and what happened to the civil attorney that I have no idea what happened to in other words the recipient of the records that
167I have no beyond your exp beyond my my involvement right to Also to clarify um that state law provides that only those individuals that are specifically authorized to receive confidential records May in fact receive them and to receive them otherwise is a misdemeanor correct okay nothing F thank you so much thank you thank you very much next witness Jason J e I go yeah careful there's we've got a maze I get your name Jason O N Rose r o e please raise your right hand to be sworn you swear to tell the truth nothing about the truth so hope you got I do thank you and stay your name for the record please Jason Rose afternoon good afternoon are you employed by the district Mr R I am and what is your position uh currently
168Executive Director of Human Resources and risk management have you receive training in Human Resources I specific to school districts yes are you familiar with the education codes and labor codes that apply to um school districts and yes employment how long have you been in the education field uh I believe this is either my 29th or 30th year okay tell us a little bit about what you've been doing all that time uh for the first uh 18 I was a uh teacher middle school and high school and then uh eight years as an elementary school principal and then the last uh four as human resources okay um in Your Capacity as executive director of HR are you familiar with the job description for the health assistant Health Services assistant yes and um let's take a look
169at binder one now have one and what is that docu oh tab one tab one yeah uh that is the job description for the health services assistant and what are the expectations for the health services assistant uh administer first aid help kids as they come in uh to the health office uh maintain confidentiality um give suggestions for teachers that you know when kids need help things like that and that's a classified position correct and it's not a management position is it correct have anything to do with human resources yes that position yes I mean in what way it's a position it's an employee of the district oh I'm sorry is that position have any duties that are related to Human Resources oh no no no that was my lack of clarity what are the general
170expectations of the district for its employees uh that they keep the district in a good light uh that they do what is best for the kids uh that they uh once again that they uh Prov promote a a good working environment um they keep the confidentiality of the things that they are dealing with to themselves um are there board policies that address these expectations yes uh for18 yes that's I believe that's one where um you can be disciplined if you correct do not follow those we're testing you yeah uh 411 9.21 uh I believe that's where you are to uh I think it's main to know it's uh do what is you know what we can look at tab 26 you it might be in the second binder 26 that's right oh yeah they expect
171everyone to maintain the highest of standards and for 11 19.23 also um on the next page same same tab Same yeah and that is to uh keeping everything confidential correct okay um now on about September 1st did you receive a complaint from the respondent yes oh let's look at Tab 10 that's in finder one does that look familiar yes can you tell us the sort of a summary of what her complaint was uh that she believed uh that Mr Turner uh was a danger to to her and and the other women on campus did she complained in that document that she was threatened by Nate Turner honor before September 1 of of 201 23 no and was was there any allegation in that complaint that he was um inappropriate towards any individual in the district
172no not on campus or at any time correct no um did you receive a complaint from Nate Turner I did okay and let's look at tab 15 that a copy of the complaint you you received yes and can you tell us kind of a summary form of what his complaint was uh his complaint was that uh Miss esamia had created a kind of a hostile work environment based on uh the rumors that she was spreading about him um is there an indication of what those what you refer to rumors uh based on uh the personal information and the allegations from his former girlfriend and things like that that um she was passing around okay um and what did you do in response to these complaints both missas and Mr Turners uh we hired a independent
173thirdparty uh investigator to investigate it and did he provide you an executive summary related to that investigation yes okay and did you provide that to respondant yes did you read the executive summary yes um and you said it was prepared by the neutral investigator and not by the district correct now the investigator noted that Miss esamia made no allegation of conduct by Nate Turner that was a threat to her correct correct you read the the first or I'm sorry the last line of the first paragraph on exhibit well I should give you the exhibit first 13 13 if you go to page two you read the last line of the first paragraph uh in her complaint esia points to no specific conduct by Turner toward her that was a physical threat and um did he
174also find that some of the materials in the packet were not public information uh yes correct and if you look at 13-2 the last paragraph starting with however do you see that starting with however 13-2 last paragraph oh however Turner's social security number home address and California driver's license number quote unquote personal records and the sheriff's department documents are not public records and did the investigator find her to be credible in the investigation uh no um let's take a look at exhibit 13-3 page three you see there where um he discusses her statements regarding where she obtained the packet of information to be inconsistent yes what does it say uh esima told this investigator an unknown white male gave these documents to her at a school booster club meeting that the only comment it makes
175uh then principal Benjamin wolf told this investigator that eskia told him she esia and quotes had gone to the pass courthouse and had gotten copies of documents that had the information she was talking about assistant superintendent uh Lena rard told this investigator that either esima told her that she esamia got the documents from the sheriff's department or that she got the documents from the courthouse esamia statements to Wolf and RoR as to the source of the Sheriff's Department Records is inconsistent with what she told this investigator now this investigator also looked into Mr Turner's complaint is corre right yes and as reflected in the executive summary were any of Nate Turner's claims substantiated by the investigator uh yes some were and that's um tab 15 I believe 15 oh no that's not tab 15 um
176we don't need to look at that right um did you experience disruption as a result of the dissemination of the packet of information about Nate Turner yes can you explain that so there were issues at the high school um that uh Mr Turner made me aware of that I had to go and end up meeting with certain individuals at the site had to have kind of um what's the word clear the air meetings about uh what is rumor what is fact um what we've seen what what we allowed to um take into account what we're not allowed to take into account and so I had to end up having multiple meetings with different individuals um with Mr Turner as well as those individuals to kind of clear the air do you think that the air
177was cleared uh I don't think I don't know if the air was ever completely cleared uh at the time they said that they understood but I'm not sure yeah it was ever completely did you have a a sense of uh the community at the at the school site beyond the group that you met with yeah and what was that um it just everything it just it wasn't flowing the same way that it used to flow there just seemed to be just kind of A disruption to the kind of the educational process that was going on at that site now in your meetings with the staff um did they reflect that they had heard or seen materials or information about Nate Turner yes yes and were any of these staff members supervisors to miss esamia uh
178no and were any of them in a role to remedy District misconduct or health and safety condition no and when did you first meet with respondent about this matter oh uh soon soon after we got wind of the of the packet okay and um I don't remember an exact date let's see uh would you take a look at uh tab 14 14 and what is that uh it's an email from me to miss esamia and what is what is the feel free to take your time to review it uh this was a kind of a follow-up uh meeting or follow-up email uh based on our meeting which looks like it took place around October 16 okay what was the purpose of your meeting with Miss esamia uh was to kind of give her preliminary um
179feedback of what the uh investigator who was investigating the original claim uh kind of found and what did you say uh I told her that the investigator found her claim unsubstantiated um and that the investigator found the claim filed against her Miss esamia uh that she shared private and personal information about another employee to the public um that the investigator established that she was dishonest with the district in regard to the sources of the document um and that we were considering discipline did she tell you where she got the documents uh she told me honestly it's been so long but I sure it's it was something that she got it from a football party okay um and was that consistent with what she had told the investigator no the investigator said that she had had
180uh the multiple stories so is it typical to engage in a a a resolution meeting um prior to discipline of an employee yes and what resolution did you propose to miss esamia I believe we proposed uh that she could resign and that we would pay her benefits through the remainder of the year and what was her response to that proposal uh no um to the point where she said that you know um I we should throw a a parade in her honor for what she found was there an exploitive in that there was an exploitive I'm not sure if it was a [ __ ] parade or a goddamn parade okay um was she discourteous to you in this meeting no she wasn't discourteous to me but she was she was assertive in her stance of that
181she believed she was correct um did she say anything identifying a statutory or regulatory violation by the district related to hiring Nate Turner or retaining Nate Turner uh I don't remember that no let's look at uh tab 16 that's also in binder 2 and um it's 16-7 is that your signature yes and what is what is this document uh this is her uh notice of intent to dismiss with the statement of charges what's the purpose of it uh to let her know that we are uh disciplining going for um termination is this uh a status give her a status of her employment uh yeah it's letting her know that we intend to dismiss her yes okay and was that served on the respondent yes how was it how was it served on her uh this
182one I believe I brought to her house personally uh and left it at her doorstep after she opened up the little key hole in her door and told me to leave it on her porch so I left on her porch and I believe we also sent it to her via email um while you're close by let's look at 17 and what is what is that document uh this looks like oh this is uh a note from to Dr Lynn is that her response to yes the notice of intent yes ly Lyn Ln so was respondent provided with a a pre-disciplinary hearing referred to as a Skelly yes and who is Dr Lynn Dr Lynn at the time was our chief business official who oversaw the Skelly hearing is that what you call it Skelly officer
183yes okay and what happened during the Skelly hearing uh he heard uh M eso's side and uh and heard our side and then made a ruling of whether or not he upheld our recommendation and what was his conclusion uh that he recommend that he upheld the district's recommendation the recommendation to dismiss okay and um was respondent informed of that outcome yes let's look at tab 18 and what's that document uh this is our final notice to of intent to dismiss that follows the Skelly hering correct and was um exhibit 18 served on the respondent yes um I think you'll have to go to the next binder to look at 19 all right 19 yes M yes second um and is that your signature yes and what is that document that is a document or it's
184a letter to miss esamia explaining that we're putting her on uh paid administrative leave and when you put her on paid administrative Le what does that mean that means that she stays at home or she's not to come on site have any business with the district not to conduct any work uh while we conduct an investigation okay and what she um and when you say investigation that means into the termination uh yes or into the allegation whatever is going on so in this case yes okay um let's look at tab 20 are you familiar with this document yes okay what is this uh this was a letter from uh Mr Glazier and is that the response to the final to the yes okay let's go back to 19 I wanted to ask a question about
185administrative leave okay while she's on administrative leave does she continue to be paid yes okay and fully compensated fully compensated benefits do not stop everything in in essence in essence she gets to work from home sit at home and colle to paycheck while we do what we need to do on our end gotta okay um let's look at 21 this is a demand for hearing yes and tab 22 yes well I'm sorry I should have finished with that the demand for hearing is a request for a hearing correct signed by Miss esia correct okay and then at tab 22 these are the collective bargaining Provisions correct that govern the process the government that govern the process of how we dismiss okay did the district amend its final notice of intent to dismiss yes and look
186at 20 um tab 24 is that the amended final notice of intent to Miss and statement of charges yes okay um was that served on the respondent yes how was that served uh mailed and emailed did exhibit 24 have instructions to submit a demand for hearing yes okay um and does exhibit 24 include that demand for hearing form yes did you receive a response from respondent to the amended final notice of intent to dismiss no did you receive a demand for hearing related to the amended Final Notice did you receive a demand for hearing related to the amended Final Notice intent to dismiss no okay and then um look at tab 25 please and that's the fourth amended notice of hearing correct correct and what's the purpose of this uh once again to let this
187is the per uh to let her know when the uh hearing is the hearing is going to take place okay and you said you're familiar with the education codes related to classified dismissal yes and uh can you look at tab 27 these are the Education Code the relevant Education Code sections yes yes and these documents were provided to responded as part of the notices of intent to yes correct okay um did you ever receive any complaint regarding Mr Turner's conduct towards staff or students while he was serving as coach of San Marino High School no do you know of any students that left the team because of coach Turner no or that left the team no no did respondent or her husband Patrick esia ever seek you out to discuss concerns uh before disclosing records
188regarding Nate Turner no now why do you feel that dismissal is the appropriate um discipline in this matter objection this is just the opinion of the HR Director and invad the province of the board the board is to make this decision not Mr Rose not Dr Rose sorry overruled you may answer uh she she disseminated information that was personal which which is something we do not do uh she disrupted the uh educational environment uh for an entire school and to some extent an entire School District um she tarnished um an employees name um in some ways I feel tarnished our District's name and so I thank you I don't have anything further you want to take a 10- minute break we've been going a little over an hour up up to you guys you want
189to take a short break yeah maybe a quick break okay five minute break what are you going to be City Club no I'm not we can finish pause the recording during breaks what okay proceed councel you're set right yes it's all it's all on me Dr Rose good afternoon we actually have met before at the Skelly Hearing in this m right I'm just going to go ahead and apologize up front I called Dr Wolf Dr Rose all morning long and I may do the same with you you both have for he asserted that he's taller and more handsome than you I I want that on the record he correct yeah we all stipulated um let me start with uh exhibit 12 in the in the first binder that's your letter of October 30th and I
190want to I want to draw your attention to the uh penultimate paragraph where it says um specifically Mr Gonzalez concluded that you obtained personal information about Mr Turner that is not a public record and that you distributed those documents that contained personal information about him to others just behind this letter you do provide the executive summary from Mr Gonzalez and I couldn't find anywhere in Mr Gonzalez executive summary where he says anything like that I'm sorry Mr glacia will you repeat that last statement that you said please sure uh so in fact I'll repeat the whole thing because it was kind of long thank you um specifically Mr Gonzalez concluded that you OB contained personal information about Mr Turner that is not a public record and that you distributed those documents that contained personal information
191about him to others and I asked the witness where in Mr Gonzalez executive summary that information might be because I could not find it thank you sir so my interpretation was the very last paragraph where there is uh some of the information in the sheriff's department record is a public record however Turner social security number home address and California driver's license and the sheriff's department documents are not public records right but where do you see that he determined that M esamia distributed those documents uh it would it would be a logical assumption that that was the stuff that was in the packet that she was Distributing so Mr Mr Gonzalez never concluded that at all it's simply your conclusion and there is not a direct sence correct right um in fact if you look at
192the very beginning of that paragraph that starts on page 12-3 Mr Gonzalez specifically found there is insufficient evidence to support a finding that esia unlawfully obtained the Sheriff's Department Records do you see that yes let's go to tab 16 which is the notice of intent to dismiss this is the original one of November 1st this is signed by you did you draft the whole thing did you write it uh yes with this with the help of uh Council was Dr delatori involved in the drafting of this at all uh no that was between myself and Council okay anyone other than Council assist you in writing it uh no did you run it by Dr deori before sending it to M esamia uh no did you run it by either Dr Wolf or Dr RoR no
193did you run it by anyone other than Council before sending it to mesam or delivering it to mesam uh no just Council and with the same question with if I ask the same questions regarding tab 18 which is the final notice of intent would all of your answers be the same correct do you have any personal knowledge that mesia provided the the Turner packet or the packet as it's become known in in the parlance of this matter uh do you have any knowledge that Miss esamia provided that packet to anyone other than Dr Wolf Dr RoR Mr Chang and then subsequently to her Union president Mr Jacobs uh no other than what I have heard through the investigation but no not personal knowledge no let's look at uh paragraph five of tab 16 16 sorry
194I'll get so that's on page 16-22 okay it says following your compilation of this information you proceeded to share and distribute copies of this information the packet with other employees and parents of the district but you don't have any personal knowledge of that no that's what came out through the investigation I'm sorry that's what came out through the investigation no personal knowledge where so where what investigation are you talking about Mr Gonzalez investigation yes and where in Mr Gonzalez executive summary do you see anything like that there's no direct sentence right how about uh paragraph six of the final notice which is tab 18 so now uh and this is the final notice so you've done the initial notice and then Des esamia provided her uh response at tab 17 and so now this is
19518 which is the final notice and again it says following the compilation of this information you proceeded to share and distribute C copies of it this information the packet with other individuals including but not limited to Dr deori board member Chang Mr Wolf I'm sure that means and Dr RoR uh you say other individuals including but not limited to with the other individuals that are not listed here that you contend Miss esamia distributed the packet to I don't have those names would you agree that Mr Turner had a violent history no did you review the packet no oh so you you don't you don't know what's in the you've never seen the I did not review it thoroughly no I've seen bits and pieces of it have you ever reviewed the packet in its entirety
196I've seen bits and pieces of it but but again you you have not reviewed the packet in its entirety not thoroughly know let's go to uh tab sorry tab two which is the packet and specifically page 2-1 dash one you said right it it appears to be a Las Vegas Sun uh 1999 article and I recognize that this is from a very long time ago have you seen did you have you seen this before I believe yes I saw this article I think yes okay so based on this article and the statements that Mr Turner made to the reporter and he's quoted in this article would you agree with me that while yes a long time ago Turner does have a violent history uh no and then how about uh the second article at page
1972-4 and again recognizing this is a long time ago 1999 would you agree that Mr Turner has a history no would you agree with me that Mr Turner had several felony arrests no let's look at um well you can just go straight to um oh sorry let me get to the right Page look at uh exhibit 2-16 2-16 make sure I'm on the right do you said 2-16 right 2-16 it says case access information on it okay then I oh oh I'm sorry one one with six yeah okay um have you seen this document before this is part of the packet and maybe you saw it at one point or another I don't know no I have not seen this okay uh go to tab three which is a um County of Los Angeles sheriff's
198department incident report have you seen have you seen tab three before uh maybe the first page and on that first first page the very first thing written in that's that's a a a series of words is assault with a deadly weapon firearm would you can we agree that that's a felony yes if I if this is what I'm thinking it is I think this was the allegation and then going back to page uh 2-16 I'll represent to you that penal code section 15 51-1 is if you look it up felony fugitive from Justice so okay assuming that this is accurate information you would agree with me now I take it that Mr Turner has been has more than one felony arrest uh arrest yeah maybe right that's all and that's all I'm asking I get
199that he wasn't convicted I fully understand that um would you agree that Mr Turner has a history of documented domestic violence uh I'm not aware of any no I'm just aware of it one allegation is all I'm aware of one allegation so let's go let's look at uh par uh uh exhibit two again and then we'll look at page uh exhibit 215 2-15 and this goes on for several Pages it is the Declaration of an Amorous Bell in support of request for a domestic violence restraining order did you review this document I I believe this is the one I know about yes that's that's the allegation concerning domestic abuse of which you're aware yes she includes in here in her declaration I'm going to have to find it here sorry give me a minute you
200go to exhibit e as in Echo which begins on page 2-33 so this is exhibit e to the emoris Bell application for a restraining order and she attaches another request for a domestic violence restraining order from a few years previous amoris Bells is 2022 and 2023 this one is by a complainant named Sunday vetrov and is from August of 2013 did you read through Sunday vetrov's application for a restraining order no okay does this look familiar do you remember looking at exhibit e no now that you've seen exhibit e would you agree with me that uh Mr Turner has a history of documented domestic violence uh no let's go back to exhibit 16 oh EX um paragraph 8 that says honor about August 27th 2023 you attended a parent meeting where you distributed and discussed
201the packet contents with other parents in attendance do you have any evidence to support that statement uh other than what we discovered no what okay other than what you discovered what what what do you have that supports that statement anything that's where our understanding is where did you get that understanding through all of the testimony from the witnesses that we received as far as the report summary which which witness who who said this who gave you this information based on based on our findings from the investigation would so we would if you if you had if you had evidence to back that up we're going to find that in this these notebooks right yeah I think so yes okay if you if you if we go back to uh well actually go forward to exhibit
20217 which is M uh esa's response and you go to all right e thank you for your Indulgence uh page 17-15 that's just exhibit G2 so that's exhibit G2 to uh Miss esam's response to the initial notice and then behind that our Pages exhibit 17-16 17-17 17-18 17-19 17-20 and those are all declarations from parents football parents San Maro High School Titan football parents who attended the August 27th 2003 meeting I'm going to object actually these declarations unless these people are going to be testifying as Witnesses their declarations are of no import here we've actually already they need to be subject to cross-examination well we've actually already admitted admitted them all in evidence ad they're admitted but that doesn't mean that there's no objection well you can cross examine on them yeah go ahead all
203of these all of these and by the way these are all sworn declarations under penalty of perjury and every single one of them disclaims that Miss esamia was anywhere near the um parent meeting on August 27th correct I believe so um look at sorry I'm gonna bounce bounce you around here a bit uh page six so exhibit 16 page 16-4 paragraph 11 it says on the same day and if you go back a couple of paragraphs it's it paragraph 9 it says honor about August 29th so we're talking about that day because paragraph 10 says later that same day paragraph 11 on the same day the district learned that you were Distributing the packet to other employees at San Marino High School so in paragraph nine you've talked about um Dr Wolf Dr RoR and
204um and Mr Chang actually I don't think Mr Chang is listed in that paragraph but um in paragraph 11 you say the district learned that you were Distributing the packet to other employees at San Marino High School who are we talking about there uh I believe she notified uh Mr Jacobs right but that's the next day this says on the same day uh I don't have an answer for it I have a name right so so you don't have any as you sit here today you don't have any basis for that first sentence of paragraph 11 testimony I'm sorry I said it misstates your testimony you you can answer subject to the judge's rule you can answer the question see the question please sure as you sit here today you don't have any basis for
205that first sentence on paragraph 11 correct other than what I know to to have happened that day no well tell me what that is that you know that happened what I believe happened was that Miss esamia was passing out the packet to anyone who would take it and do you have witnesses to that effect you you you other than hearing from Dr delatori Dr RoR Dr Wolf that she was doing that so Dr Wolf certainly did he testified here earlier today and he certainly did not say that Dr rard testified today and she are you testifying I object to that do you have a question for him yeah if you give me a minute Dr Rose specifically did not say that Dr RoR didn't didn't say that we haven't heard from Dr de laori yet
206but anybody else that you think has information that M esamia was just Distributing this packet to anybody who wanted to see I do not know exactly who on that dat no and then if we go to paragraph 12 I'm sorry we're gonna get to the exhibit first uh exhibit 18 paragraph 12 which is on page 18-5 I'm sorry paragraph sorry we were talking about paragraph 11 so I want to compare the two paragraph 11s no I'm sorry I want to compare the two paragraph 12s so the the paragraph 12 in the original notice of intent to dismiss says despite the directive not to distribute the packet you continued to do so which caused a disturbance at the school site and created animosity against Mr Turner in the district by the Comm by the parents and
207the and Community a reporter also obtained a copy of the packet you don't have any information that M esamia provided the packet to to a reporter do you no and you say despite the directive not to distribute the packet you can continued to do so but I think we've established that you can't identify anyone else specifically that you claim Mis esmia gave the packet to other than Dr Wolf Dr RoR and Mr Chang correct now look at paragraph 12 on the final notice which is on page 18-5 you Chang the language here to despite the directive not to distribute the packet and the assurance that the district was compliant with the law you continued to provide dishonest information to others what were you referring to there what is the dishonest information that she provided uh
208I know when she spoke to me the one answer that she gave me was that she got it from the party and then through the investigations through the summaries the summar said that they were the story had changed well okay but that's a that's that's a secondary issue that's about how she got the got the packet there's a whole bunch of allegations against mesia concerning her statement about how she came into possession of the packet that's not what paragraph 12 is talking about right this is despite the directive not to distribute the packet and the Assurance of the district was compliant with the law you continued to provide dishonest information to others or maybe it is maybe that's what you're talking about there yeah okay let's go to sorry let's go backwards to paragraph four
209of the final notice and that's on page 18-2 paragraph four says honor about August 21st so now we're we're actually backing up about a week 2023 you were informed by other staff members that the police had come to the district office to serve Mr Turner with papers and I'm GNA I'm going to just ask the question now because it relates to the the next set of words is there anything confidential about that is there anything confidential about police coming to the district office to serve Mr Turner no you then contact reading further you then contacted Cassandra mouring the president of the school's booster club and told her about the police coming to see Turner at school there was no legitimate reason to contact a parent and provide this confidential information to them so we've already
210established it's not confidential but what are you basing this claim that Miss esia contacted Cassandra morning who is actually Cassandra zapino I think now but that that is my understanding of the events of the day right how did you learn that uh through uh talking to Mr Turner um and then also talking uh who I believe uh Dr deor so so according to Mr Turner and Dr de laori Miss esamia contacted the booster president miss zapo that is my understanding have you seen Miss zapatero's declaration affirmatively and completely denying any such thing took place yeah I've seen her declaration okay let's jump to um August 16th 2023 that's when you met with M esia at the high school with was Dr Wolf present for that and this is where um you offered her I don't
211believe so the option to retire at the end of the year you don't think Dr Wolf was part of it was just Mr Jacobs yeah and he was he was pretty clear he didn't remember either so that's that's probably right you gave her um you gave her three days to make that decision right uh no we she was very clear on that day that she was not interested no no no but but when you presented the option to her you you gave her three days to decide that I don't she didn't need the three days we agreeing on that but I don't remember you don't remember offering her three days to decide do you remember that she asked you what would happen if she chose not to not she asked you what would happen if
212I don't accept this offer do you remember that uh she may have asked that I do not remember it's been so long I just remember she was very adamant that she was not interested and and and your response included and it's and it's in that email as well so I I take it that's accurate an accurate summary of what happened your response was that you would pursue discipline Ary proceedings and that you would refer her to the Department of Justice correct if that's what I wrote then that would be correct right did um did you refer at any time did you refer m esamia to the Department of Justice uh not me personally no I don't no we never did did anybody are you aware of anybody else associated with San Marino Unified School District
213who referred m esamia to the Department of Justice uh the only thing I think I'm aware of is that they uh looked into where they got the records from or where the records could have come from that's the one thing I know about Department of I mean but I don't even think that was Department of Justice I think that was through the Sheriff's Department so no I would say no yeah yeah my question is did anybody that you're aware of refer m esamia to the Department of Justice did anyone that you're aware of including yourself ever refer M esia to any law enforcement agency no um overlap we'll do our best yes sorry about that um you you indicated on direct examination that Dr Lynn approve at this after the Skelly hearing Dr Lynn approved
214the or agreed with the administration's recommend to recommendation to dismiss Miss Esa correct or he supported I don't know what the right word would be but yes he did Dr Lynn uh did Dr Lynn issue that decision in writing or was it just an oral AG I believe it was in writing do you do you have that do we I've I've never seen it so you you don't have it then if it's not in here then yeah you but you believe it was thought it was but and then uh jumping to no uh let me do the exhibit sorry e exhibit 19 in the in the second second binder yeah this is your uh November 15th letter to miss esema uh advising her that the uh District was going to go ahead and place her
215on administrative leave correct and you you authored this letter and then according to Dr Wolf you you had you sent the letter to Dr Wolf and Dr Wolf uh delivered the letter to miss esamia and and sent her home is that right uh is that what do that's what Dr Wolf said yeah do you remember that I don't remember that no that's fine and that's fine so in this letter you say um that you're notifying her that the district is conducting an investigation into allegations of misconduct what investigation are you referring to there uh allegations of Distributing information about an employee but hadn't that hadn't that investigation already been completed this is this is quite a bit after uh Mr Gonzalez finished his investigation it's standard standard notification so sometimes that it may be ongoing
216still so was it ongoing uh honestly I don't recall at the time I wasn't conducting the investigation so I did more of the notifying yeah um and and this timing is important the Mr guns the so-called independent investigator hired by the administration to conduct the investigation into both M esa's complaint and Mr Turner's complaint that was completed and delivered to Miz Esa on October 15th right right there was another one there was another investigation right and that's that's much later by um M McGovern right that's and that's an investigation into something that has nothing to do with this hearing that's an investigation into a board complaint that Miss esamia filed right I believe so yes okay and she certainly hadn't done so by November 15th so again I'm I'm curious as to what the investigation
217is that you're referring to here at the very beginning so it's still the investigation that we're still making sure that that is uh whether or not miss esamia should be terminated or should be dismissed so what step what steps still needed to be done after Mr Gonzalez had concluded his inves we still have to make sure that that's Mr Gonzalez's uh recommendation but he does not decide what we do right what so what steps did you take to um what steps did you take in an investigatory capacity after Mr Gonzalez investigation assessing his report assessing his report okay um and so you're placing so why Place U mesia on on U administrative leave here on November 15th why not rep why not Place her on administrative leave back when the investigation was actually ongoing uh
218this is when we felt it was appropriate why did you feel it was appropriate at this point what had changed uh I I couldn't tell you I couldn't I can't remember back to that point did anything change uh I don't remember upon completion of the investigation your status shall be reassessed and you shall be notified accordingly was M esa's status ever reassessed uh yes when uh when we gave her the dismissal notice dismissal packet the the I guess the final dismissal packet following M esa's disclosure I'm gonna shift gears on you here going all the way back to August 29th of 2023 uh following M ES me as disclosure on that day to Dr Wolf and Dr rtor Who told Nate Turner about M esa's complaint uh I don't know you testified on Direct that
219um you had never received a complaint previously about Mr Turner from any staff yeah not that I can recall now how about uh Michelle Kos she made a complaint directly to you no concerning Nate Turner's inappropriate behavior toward her didn't she no you're not aware of any complaint by Michelle Kos for never submitted to me in writing no how about orally uh not that I can recall no I want and I know I'm jumping around here but let's go all the way forward to November 30th 2023 um that's and you and you alluded to this in your direct testimony you held a meeting at the high school with I believe Dr Wolf and Mr Turner and several of the high school staff members concerning rumors going around about Mr Turner's background do you recall that
220meeting corre do you recall Michelle Kos and Debbie cribs being present for that meeting was was Dr Wolf present for that in that meeting with with those two individuals yes okay um you informed the staff members that the rumors about Mr Turner concerned a different Nate Turner than the high school football coach correct what were the rumors that you were referring to uh the rumors of of the information in that he was uh what's the word um abusive or that he had a gain background or he was a drug dealer those rumors and Mr Turner he had I'm sorry and then he had like a um Whatchamacallit if he had what's the word I want to use a background that wouldn't pass a background check all that type of stuff those types of rumors um
221do you recall Mr Turner stating to those staff members um M Kos and Miss cribs um that they could Google his name and learn bad information and good information but he but that he was not the bad Nate Turner I don't remember him saying that but e e e okay sorry that took so long finally found it what I wanted at um exhibit 20 which is in binder number two page uh 20- 54 so this is a declaration of Michelle Kos and she discusses that November 30th meeting that you had with staff and declares under penalty of perjury we were in I'm going to object again um unless you're planning to have Michelle Kos come as a witness that I can cross-examine her the Declaration by itself is objection objected to the document that was
222admitted was the response of Miss esamia drafted by her Council or at least Under The Heading of her council's law firm and this is an attachment to that document and judge it's already been admitted into evidence so saying what was admitted was the was the document this is an attachment to the document no the binders were admitted into evidence everything in the binders was admitted into evidence previously okay we're talking about exhibit 20 - 54 yes sir I'll allow the questioning thank you Ron um Miss Kos says in paragraph two we were informed by Jason rose that Nate Turner had been promoted to a position equivalent with athletic director and that we were to work cooperatively to assist Nate Turner is that accurate uh I would say no that's not accurate that's not what the
223the the meeting was about um it was to work cooperatively but not I wasn't notifying them of a position change or anything like that it then States Jason Rose stated that a lot of rumors were going around about Nate Turner but that those rumors concerned a different individual with the same name no not accurate correct not correct Nate Turner stated that there are a lot of quote Nate Turners out there and that we could Google him and learn some bad information and some good information but he was not the bad Nate Turner you don't recall I don't recall that at all how about the next part during this meeting Jason Rose confronted me and my co-workers about whispering in the office concerning Nate Turner did you do that uh we talked about having discussions about
224him yes and that we needed to remain professional yeah yeah and then they and they responded to that with listen we whisper because we're dealing with confidential information around students and so we're you know we have to whisper in our area it doesn't concern Nate Turner they may have said that I don't remember hearing that but they may have okay did you ever um contact either amoris Bell or Sunday vetro the victims of Nate Turner in those domestic abuse applications did you ever um instruct either Mr Gonzalez or Miz McGovern the two independent investigators to contact those victims did you ever ask Mr Turner about the I apologize if I asked this question earlier did you ever ask Mr Turner himself about the contents of the packet I never asked him directly he did share
225some information about some of the the contents but never asked him directly and what did he what did he say just that they were allegations did he deny them yeah denied he denied the allegations he denied yeah that they were not true okay um I asked Dr uh wolf this and he just didn't know which is makes sense he's not HR but apparently in April of 202 for um Turner Mr Turner was banned from the high school campus and told to report to and work from district offices is that accurate uh he's not banned no that's not correct so why did he come to the district to work and not be at the high school uh because he felt that that he was uh hostile work environment this is April of 2024 correct so what
226gives the administration the authority to allow a High School employee like a football coach to basically move offices to the district that's something you can just do right I mean you can move somebody's office K yes I have nothing further anything further yes please proceed let's start with exhibit 11 what this document is uh no can you see where it says um the next to the last statement starts with there being no appearance can you read that being no there being no appearance by or for petitioner the petitioner's request for restraining order is discharged all temporary restraining orders if any are dissolved Cas is dismissed without prejudice and what is the um case that's being referred to at the top of the page uh this would be amoris Bell versus coach Turner Nathaniel Turner this
227is a uh PT order is it not correct it's a minute order dismissing the amoris Bell request for correct restraining order thank you now let's look at [Music] 14 Council was stating to you to the effect that there was a threat to refer Miss Esa to the Department of Justice you recall those questions yes and in fact if you look here um in your October 17 I'm sorry October 16 email what does it actually say about the department of Justice now the district is looking into filing a complaint with the Department of Justice regarding the source of some of the documents does it refer to miss sesy at all no now when you um work with Council and you prepare a notice of intent to dismiss or specifically in this case uh is is that
228something that you personally are preparing pring based on all your own personal knowledge is it something that's done on behalf of the district correct in your role as the Executive Director of Human Resources so if you don't have the facts at your fingertips that may answer each and every one of the paragraphs that doesn't mean they don't exist is that right correct there's a lot of people involved in the situations involving mesam is that fair to say corre let's go to 2-16 Council has referred you to you or you to um the provision charges notes information and refers to a charge section 1551.1 correct what does it say under disposition uh dismissed or not prosecuted Council uh let's go to 2-34 regarding somebody named Sunday vet are you familiar with that name at all uh
229not until today no does that have anything to do with the district no has she ever been an employee of the district to your knowledge not to my knowledge no is there anything associated with this document that reflects it occurred at or on District property no what is the the title of this document uh request for domestic violence restraining order okay and then so it's a request based on allegation cor and at the bottom of the page do you see where there's a um black uh rectangle and what does that say this is not a court order so these are allegations related to some unknown person's request for that would be okay I have it open do you want me to oh yeah that'd be great b e t r o v e c correct
230Sunday as in the day of the week now is it your understanding that Mr Gonzalez found that there were several different accounts of what Miss esamia had said about where she got the documents correct that's my understanding do you know today if there's ever been a definitive answer from Miss esia about where she obtained those documents no not to my knowledge no and you're aware she's not testifying in this matter to explain that uh correct that's my understanding all give me one second let's look at tab 12 page three-h three I'm sorry which what's the exhibit number 12-3 thank last paragraph what does that per sent say there is insufficient evidence to support a finding that esima unlawfully obtained the Sheriff's Department Records and is that because she wouldn't say where she got the records
231corre objection calls for rank speculation um I have nothing further anything further thank you your honor let's go to exhibit two das7 doing recross U I'm objecting to him having further questions in of the witness since I finished my rebuttal just sorry I didn't hear you I'm I'm objecting to further questioning since I finished rebuttal he's had his opportunity with the witness well I'll allow it thank recross and I'll get to rut again yeah you can you can you can go after me that's fine look at uh page 277 two d77 and look down at the bottom uh this one says this is a court order correct correct and this is am this is a the protected person that is uh protected by this temporary restraining order is amoris Bell correct correct and then you
232can see over on the right hand side this was filed in Superior Court of California on June 30th 2023 correct and then if you flip to page uh 2- 86 again down at the bottom this is a court order do you see that correct and again this is an order on request to continue court hearing again amoris Bell the restrained party being Nathaniel Turner and then over on the right the date says August 15 2023 correct correct nothing further looking at the same document are you aware of whether or not Mr uh Turner was present for the temporary restraining order hearing uh I'm not aware if he was or not no and are you aware that um a request for temporary restraining order can be um issued without the appearance of the subject of the
233I believe so I'm never experience it myself so that's the good news day is not over it's true nothing further nothing further your honor thank you okay thank you I'm assuming all these back back can I one question yes sir so when I was looking at the 13-2 I'm sorry that I should have told you you say 13-2 yeah 13-2 it's from the investigation report that we wrote that the con social security number was distributed it or something but does the investigator actually found it out that any social security number in the any document I don't you'd have to ask the investigator I don't know okay this is his report so I don't know okay so he didn't give you any evidence anything like that no that's not no they just give us a the
234sum thank you so much I have a question sure um it's just about timeline again okay um getting Clarity so the uh the investigation executive of summ room was dated 10:25 right I believe so I don't know what um exhibit that is I'm sorry I just have my notes here um it's right behind number 10 sorry 13 it's at 13 13 13 yeah so it's dated October 25th exhibit 13 um there is an email between you and um M esia prior to that where she alludes to a settlement off MH that was before all this was complete um what information were you going off of to provide a settlement and then um there's a part B for my question is there is a reference to the union needing a charge packet did you receive a
235response from the union and uh where do they stand okay so let make sure I get your questions right so the first question was what information were we going off of to to discuss the the offer so to speak was our understanding of what was going on at the time of of of the uh dist distribution of the of the packet and so and then the answer to your second question was no Union never chimed in never got involved no Union never got involved did they receive a charge packet charge packet is is the notice to dismiss that's the charge packet so it doesn't go to the union it goes go to the employee if I can clarify that that um Mr Jacobs was at the Skelly hearing so he would received at least the
236notice of of intent to dismiss is that right yes he was aware of it yes anything further this Witness follow your next witness we'll do e careful we've got bit of a maze and lots of wires so yes Linda last name delator de space l a space capital t o r r e welcome raise your right hand to be swor you swear to tell the truth and nothing but the truth help you go I do thank you see you Council thank you Dr D Tori nice uh are you employed by the district yes and what is your current position superintendent what is the role of the superintendent to oversee the administrative and operational uh and educational aspects of the school district does that mean that you're involved in in the day-to-day of human resources or
237the day-to-day of Maintenance and operations or in terms of oversight yes um but we have cabinet members who are responsible for those designated areas and they work on behalf of the district yes as do you yes um tell us a little bit about the district so San Marina Unified School District is one of the smallest unified school districts in the state of California it is also one of the highest performing school districts in the state um as a matter of fact this past year based on our cast scores we were the top performing Unified School District in the areas of ela and math that's and what do you attribute that kind of success to I would attribute um our success to the caliber of our wonderful Board of Education our leadership in addition to our
238uh parent involvement and volunteerism uh the contributions that our parents make to the school district is truly unique and incredible I also um firmly believe that we have outstanding highly trained exceptionally qualified Educators in our classrooms and professional staff members now before you served as superintendent did you hold any other positions uh prior to serving as superintendent I was the assistant superintendent of administrative Services overseeing uh business services and human resources and how long did you serve as Director of Human Resources so going back prior to the um position of assistant superintendent of admin Services I was assistant superintendent of Human Resources okay sorry I got I believe that um position started in 2008 and how long did you hold that position uh 13 years you trained in Human Resources yes prior to that I
239was the director and prior to that I was the coordinator so you're familiar with the laws governing Mah hiring of of District employees School District employees um including confidentiality of law enforcement documents yes who is Nate Turner Nate Turner is a former uh head varsity football coach athletic coordinator uh and substitute teacher for the school district and when was he hired to serve as the head coach it would have been in the spring of 2023 and when he was hired was he vetted through the Department of Justice and the F uh federal bureau investigation yes every uh employee who is working with or around children must have an activity clearance uh certificate of clearance which includes um a nationwide background check through the Federal Bureau of Investigation and a Statewide check through the Department of
240Justice and to your point Mr Turner cleared that fingerprinting with the OJ and FBI yes he did um when is a district not allowed to hire an applicant based based on criminal history so pursuing to the California Education Code um the school district would be prohibited from hiring any person who has been convicted of a serious or violent felony convicted correct um so the legislature has determined that a person who passes doj and FBI clearances is safe to have on your campuses is eligible to be hired yes who is Cassandra zapino uh Cassandra zapino is a h parent in the school district and did she also serve as a football booster president at one point yes she did okay and did she communicate with you regarding the hiring of Nate Turner to serve as the
241head coach she did frequently um when we first hired him in the spring as booster president um she had an interest in knowing when he was going to start work so that she could connect with him and be to plan um all of the booster activities around his his calendar and his schedule okay and if you we have a set of binders on next to you if you look at let's see tab 28 which I think is um two are they all the same no no okay no so we're looking for it's which one t um binder three okay it'll be tab four yes okay sorry tab tab 28 2 sorry 28 tab 28 28 yes thank you sure does this look familiar to you yes it does and what is that this is an
242email communication um from uh C Cassie zapino to me to the principal at the time uh Jason curbach um copy to parents uh John Wilson St Park Brent Vado and how is that email signed Cassie zapino is there any High School 20232 24 football booster president okay um what is the purpose of this email as you understand um the purpose of this email is to inform the district that they had concerns about Mr Turner in what way in that he uh at the time they had they said that rumors were swirling um they wanted him to be on campus and his fingerprints were not cleared right away way and so there was a delay in allowing him to actually uh be on campus okay um take a look at tab 29 and what is that
243uh this is an email from then principal Mr Jason curbach to Cassandra zapino copy to me copy to parents John Wilson Steve Park Brent Bado um copy to um the director of Student Activities David irier um the basketball coach and athletic assistant Elizabeth Rudder um the administrative assistant um at sanino high school LTE moio and the ven assistant principal Carlos cassan play and what is the um is this a response to miss zabo's email yes and what is his response um he's saying that he he's thanking her for the email that she sent um he is being empathetic and saying I can certainly understand the frustration and confusion um that we wish we could announce his employment however until all the paperwork is completed um we're not in a position to make a public statement
244and waiting for the doj's um clearance and he's saying here sometimes they process fingerprints very quickly and sometimes it takes weeks and um reiterating that they are on day six of waiting for them um she is reassuring her that coach Turner did fully accept our offer and has signed paperwork to that effect and uh he's hopeful that we can put out a press release uh that week and host to meet and greet the following week and he's committing to keeping her posted with any updates through this email CH okay and then if you take a look at exhibit 30 is that an email from terino yes and what is that email um she says thank you for the update to be clear San Marino High School is still just waiting for the Department of Justice
245fingerprinting Etc to come back and then she puts in uh quotation marks clean and that is it question mark then it's a done deal and we can move forward question mark Cassie and then um we look at 31 tab 31 is this an email that you authored um 31 is maybe looks like an email that she authored candra morning offered and as a point of clarification Cassandra morning is also Cassandra's a thank you yes is at the looking at AB 31 is that your email at the bottom of the of 31-1 uh yes okay so it starts with yours and goes on to her email and what is the point of your email um my email is basically just clarifying that whenever we hire an employee who works directly with students they have to go
246through um State clearance through the Department of Justice and federal CLE they have to go through both um it's uh my understanding is that one of these has cleared and the other was backlogged and I believe it was the FBI that cleared first which is the Nationwide um background check and that the doj was backlogged um and I'm saying please do not read anything nefarious into this as I've spoken with other superintendent in the area who are experiencing these ridiculously long delays and are equally frustrated unfortunately there's nothing we can do except wait hopefully we will receive clearance within the next couple of weeks and did she respond to that I think it's in the prior page yeah yeah she said thanks for the response I've done some research too and I understand it is
247is a complete anomaly for this process to take this long either way as a booster president and the liaison between the parents and the school I really think it is important for someone in the administration to reassure all the parents in the program as well as the kids that there is in enough in um quotation marks nothing wrong if that is really the case everyone is totally anxious slash suspicious especially because how things have occurred since our last coaches were fired is not the usual course of action taken by Sam high scho and then she says I would uh also like confirmation that if this hire does not go through for any reason we have a backup plan that can be immediately implemented it is mid April please advise thank you what was your understanding
248of Miss sapo's emails regard ing Nate Turner um principal curbach had informed me that she had requested to serve on the interview panel um and was denied that request um basically the principal felt that there should not be parents on the committee at that time um it was staff only and um she according to the then principal Jason curbach was very upset about that um not happy and she had uh a candidate that she would have preferred be hired um and so she wasn't happy with the interview process and who was the candidate that she preferred to be hired I believe it was Jeremy SOS um I'm not sure about the last name but I think it's Theos did you have a meeting with Miss zapino in July of 2023 because there was so much
249back and forth going on um we decided to invite some of the booster parents to uh come in and talk with us in my office um the head varsity football uh position was shared with PT Affiliates that handles summer school they're a separate 501c3 from the school district um and they traditionally have hired whomever we have in that position to work for them as well so um Mrs Stephanie Duncan is the president of PT Affiliates and asked if she could be included in that meeting um since this employee was both uh employed by her and by the district meaning Nate Turner yes or or meaning who the person who would be in the head coach position yes okay and so she attended um that meeting on July 6 via Zoom everyone else was there in
250person and who's everyone else uh Cassandra zapino was there uh Park was there Daisy Wilson was there I think that might have been it and that was after Nate Turner had been hired and yes cleared and fully employed by the district yes and what happened in that meeting um they were given an opportunity to express their concerns and um they had a variety of different complaints that they um they talked about um and I had mentioned to uh Mrs zaparin that there was a rumor circulating in the community that um she was not happy with a selection and I said I would very much appreciate being able to talk with her offline about that privately and she said no no if you want to say something say it now say it here in front of
251all these people I'm fine with that and I said I would really prefer to just speak with you privately and she um she said no no just say it and I said well there's a rumor that you're very disgruntled over the fact that your ex-boyfriend um Jeremy ceros was not hired for this position and that now you know you're coming after this particular coach and she said um yes I I absolutely agree that the district should have hired Jeremy he would have been a much better coach for this team M and um Stephanie Duncan heard that she was on the zoom and heard that and commented and there it is and what did that mean to you and there it is it was just validating that what we had heard was in fact accurate and
252did you become aware of a meeting that was held at Miss Zino's house with members of the football booster club yes I do how did you learn of that meeting um Mr Park called me to let me know um that there was a meeting um held I think that was August 27th and that um there was a packet of information that an individual who he did not want to disclose had distributed amongst the parents who attended that meeting um and that there was some very disturbing information um that was contained in that packet of information that they wanted to share with me and he requested a meeting um to dis to bring the packet into me with the other parents and talk with me about um their concerns prior to dissemination of the entire packet
253to all of the fs by the end of the week okay let's take a look at exhibit 32 does that look familiar yes and what is that this is the email I was referencing um dated uh Sunday August 27th 2023 at 11:17 p.m. to me um copi to Daisy Wilson Phil and I'm sorry if I'm mispronouncing this um piini um and stepen park all parents and that's the email where he expressed to you the desire for a meeting yes he said um throughout the summer I admired how you handled all the football drama after Jason's departure I have appreciated your willingness to engage yes oh sorry yes how you handled um how you handled all the football drama after Jason's departure I have appreciated your willingness to engage with parents and do what you can
254for our student athletes the football program and our schools in general I know you have a million things on your late but several parents and I are asking you for an urgent meeting regarding the current football coach and then the second paragraph is word frad that local law enforcement was on our high school campus recently to serve documents to coach Turner as a result an individual researched and brought forth publicly accessible documents to a small group of football parents some of which include myself Daisy Wilson Phil pikanini and Cassie zapino I can assure you that none of the above individuals began the research and requested it but now we are privy to it and feel the need to share it with you and the rest of the football program families urgently we feel it is
255necessary because it speaks to the character and tendencies of the coach and the feeling of safety for our kids in the program and under his leadership he writes the documents are disturbing they involve alleged violence abuse harassment and guns with actions as recently as June 2023 he says I have volunteered to lead this small group of parents who represent our football families as a whole I feel like you and I have a positive relationship and can talk respectfully about difficult issues this small group of parents with this new information feels that all the football families deserve to know what we now know and in a timely fashion we plan to share this information later this week given your position and your demonstrated willingness to do what's best for our student athletes we want to extend
256the courtesy of presenting the these documents to you before it goes out to the remainder of the parents there is a genuine fear for the safety of our children especially in a scenario where losing creeps into the season the fear is potentially enough to pull kids out of the program we and he puts in parenthesis me comma Daisy comma and Phil um and then he closes the parenthesis respectfully request an urgent meeting with you we know you're busy but if you could meet this Tuesday or Wednesday it would allow time for you and us to develop a plan before presenting the information to the remaining football families at the end of the week thank you for your consideration in the end we are being advocates for our student athletes and our children sincerely Steve Park
257Daisy Wilson and Phil um VI do you know whether any of their children left the football team none of them did any student leave the football team not not of which I am aware can you take a look at tab two that's in binder one binder one yeah are you does this look familiar yes um and what is this this is an article um well it's back up it's a packet of um some 116 p s just looked the first page yeah you want me to look at all the documents just to see if it looks familiar to you as okay yeah and what do you recognize this to be um the packet of information that was delivered to the parents and did you receive um this packet yes um Mr park or Dr Park
258brought it into me um after they decided they no longer wanted to hold a meeting with me um they brought he brought me the packet and how do you know they no longer wanted to hold a meeting with you um M Dr Park let me know that um since I wanted an attorney to be present at the meeting um they no longer felt that it was necessary to um to meet and that they no longer had imminent plans to distribute it to all of the parents they just wanted me to have it did you have any conversation with Dr Park about any of the content or your concerns about the content of the packet I did I spoke with him on the phone and I said I have a lot of concerns um because I
259knew these documents were not actionable and they were also um confidential documents that were not publicly available which he had originally stated he had originally stated some of them are not publicly a aailable he originally stated they were publicly available and you responded that some of them were not public okay make sure I was okay so when he gave them to you he didn't tell you that some of these are confidential he he expressly said they're public yes and in the email to me um that I read earlier he said they were publicly available and how would you describe that packet of materials um the packet of materials is really filled with a lot of documents that are allegations um and instances where um where Mr Turner might have been um detained or um cited
260some of this is very old um like 20 years old um the more recent would be the temporary restraining order filed um by his I assume exgirlfriend um which is probably a document that could be publicly available but it is full of allegations and there's no um there was no disposition um by a judge there was no decision made by anyone that any of this was factual okay and really quick if You' look at um document tab 11 does this look familiar I don't specifically remember this document but I might have seen it okay and what is what is it regarding um it's from the Superior Court of California um amoris Bell versus um Nathaniel Turner and um it states the nature of proceedings um what is the next to last paragraph there being no
261appearance by or for petitioner the petitioner's request for restraining order is discharged all temporary restraining orders if any are dissolved case is dismissed without prejudice to your point there was uh no resolution um when you said uh that the information was not actionable what does that mean to you I mentioned earlier that um the school district is prohibited from hiring anyone with a serious or violent felony conviction um the school district had no evidence of any wrongdoing by Mr Turner while on our campus working with our students um there were no incidents that were reported to um the district office that would have um Rel Rel ated to the allegations being made by his ex-girlfriend we were told that that was a a dispute over um a house that they shared at one time um
262so it's a domestic um it's a domestic issue and until there is a conviction or some kind of a disposition that is decided by a judge um the district isn't at Liberty to do anything as a matter of fact there are laws that prevent us from doing that labor codes California code of regulations um Ed code um we we would have been likely sued if we um terminated him for having a temporary restraining order against him filled with allegations that were not sustained and ultimately dismissed and what if there was a an arrest a felony arrest that was not prosecuted would that be something that was actionable um arrests are not actionable you have to be convicted again innocent until proven guilty were you on the San Marino High School campus on August 29th 2023
263yes okay what was your purpose for being on the campus we were there to observe um the medical arts class in action we had um the then uh president of pcc's Board of Trustees Christine Quan with us um it is a dual enrollment program so we um were very happy to show her the work that was being done by our students and we also were able to uh showcase our anatomage tables in the classroom so anatomage what is that so anatomage tables it's like a giant computer um and it contains at least um four virtual cadavers um each having died of a different cause and um students are able to um review and and research um the different um muscles in the body the circulatory system the skeletal system um they're able to to pinpoint
264different organs in the body and compare them to the other caber as an example one may have died from lung cancer another may have died from traumatic brain injury and in this system the students can look at the lung tissue and um con compare and contrast from um the person who died of a traumatic brain injury versus the one that died of lung cancer the tissue looks very different they can study that um they work in groups it's really pretty um impressive and so and so that was something you were showcasing showcasing yes and while you were showcasing that classroom that in instuction did something occur yes uh Mrs esamia came into the classroom and uh began passing out manila envelopes um to each one of the um adults in the classroom except for the
265instructor of course um board president Chang was present um Dr Wolf um principal of the high school was present uh Dr Lena RoR was present um Christine Quan and I were present um so she handed a packet to Mr Chang packet to Dr RoR a packet to Dr Wolf and she looked at me and said um you got yours yesterday and um turned around and walked out of the classroom and was it your understanding she was referring to the fact that Mr that doctor Park had delivered you a packet yes uh what happened after she left I collected the packets from those who had received them um and we continued with the observation I didn't want to make a big deal out of it in front of the trustee from PCC yes so we just
266continue with the observation okay and then after after the observation was complete was there anything else that happened we went to Dr Wolf's office and I explained um to the other attendees that um it was probably in their best interest not to have the packet and to be able to review the packet so uh it's a Personnel matter and they um understood that and complied and there was no issue what were your next steps related to this matter um I contacted Council I spoke with our um labor and employment attorney Candace bandan and told yes um the first and last name sure c d last name b d o i n um I spoke with her about what was going on and um she then don't please don't um State anything that your Council said
267to you oh yes okay thank you um and was there a decis a decision to take steps related to miss esia yes and what was that um to direct that the packet not be distributed at that point um there was also an email that we sent out to all staff um basically saying that we you know didn't know where the packet came from um but that people in possession of the packet should throw it away and that it could be very inju um to the parties that were involved why did you feel the need to um let staff know that they should take those steps I think it was the right thing to do under the circumstances because it was um putting the district in a position of liability and in addition to that it
268was also um making the employee um feel very uncomfortable and I had visions of us getting you know sued by that employee as well did you feel that his it was violating his rights is that what you mean by liability it I did feel that it was violating his right to privacy some of the documents in the packet um were confidential and should have been privileged um some of the documents included his social security number his address his birth date uh there was a fingerprint card in the packet um and the information while unsubstantiated and not proven in a court of law um was just allegations and that you know is not okay um let's take a look at exhibit 8 tab eight this is a letter dated August 29th are you familiar with this
269letter yes and was this letter written on behalf of the district uh yes I know it's signed by uh Dr Wolf is is actually miss esam's supervisor is that correct that's correct um what was the purpose of this letter you're welcome to take your time to you refresh the purpose of this letter was to reiterate that the packet of information had been reviewed um that Council has been had been consulted with and that there was no no document or information in the packet upon which the district could take any employment action against um Mr Turner um it also said it reiterated the fact that the employee had been fingerprinted through um both the US Department of justice and the Federal Bureau of Investigation um that we had screened and done everything within our jurisdiction to
270um determine his eligibility for employment um I I see here that this letter also um elaborates on uh the restrictions that employers have employers may not make employment related decisions based on an arrest that does not result in conviction and that is labor code section 4 32.7 subdivision a and the Fair Employment Housing Act regulations further prohibit employers from inquiring or seeking information regarding any arrest or detention which did not result in conviction that's California code of regulations title two section 117.1 therefore uh the arrest information contained in the packet that dates back nearly two decades includes files that were ordered destroyed nearly a decade ago cannot be used by an employer to make decisions as they did not result in conviction for anything other than a vehicle code infraction um which was driving with
271a suspended license um this is a domestic dispute and the matter was pending before um a court uh with no findings of wrongdoing having been made and we knew that the allegations were being disputed and we're saying until such time as the allegations may be determined to be factual by a court of competent jurisdiction they cannot be assumed to be true or serve as a basis for employment action um in addition to that we're saying that as of the date of this letter we are unaware of any Behavior by coach Turner since his initial employment that is contrary to board policy or to the district standards and expectation of performance and conduct um with regard to the packet of information that is circulating I want to be clear that the district did not seek out
272these records from any person or entity all background information relied on by the district to make employment decisions is obtained in strict accordance with California Education Code labor code and other applicable law further it is clear from review that the records are not publicly available and contain private information regarding coach Turner um also saying that um also says that it is my understanding that you are Distributing the packet on campus and it is causing disruption at the school site you are directed to refrain from further Distributing the packet of information while at work and on school grounds um it says if um moreover to any extent you continue to distribute the packet such conduct is outside the course in scope of your employment therefore the district will not defend or indemnify you in the event
273of litigation um and this is from the principal to um Mrs esamia during our conversation you raised allegations regarding coach Turner it is unclear to me whether the allegation s are based on the packet of information or some other basis if you wish to file a complaint please document and submit your complaint to Dr Rose Director of Human Resources and the district will address your complaint in accordance with applicable policy and procedure in the meantime you are expected to report to work as scheduled um and then he reiterates that um he wants to make clear that the safety and well-being of our district students and staff are of Paramount importance and we take all reasonable and responsible steps to ensure the safety of our learning and working environment which includes adherence to prevailing law and
274Industry practices thank you um you mentioned circulating the packet of materials was circulating in addition to Daisy Wilson Steven Park and I'm sorry Mr P leanie um are you aware of others that received the materials um yes I am and who is that um James Jacobs a classified employee at San Marino High School receiv received the packet in addition to um uh I believe that uh Mrs esam was going to provide the packet to Mr Peter pone but he he claimed that he cut her off and did not entertain it and didn't want to have anything to do with it who's Mr pone oh Mr pone is a retired now but at the time active um social science teacher at San Marino High School okay um I I know because uh former board member Jane
275cha reported to me after the incident that um Mrs esamia had uh flagged her down in the San Marino High School parking lot to talk with her about the issue and basically describ the documents um in the packet and um so Mrs Chan reported that to me um and once we were aware that she had to be recused from um you know in this matter entirely as a board member um also Susan long who is a former parent in uh the school district had met with um Dr richer and I on I want to say February 28th with the badminton parents to um talk about some concerns that they had with the program and after the meeting um she mentioned that she had um been made aware that we had a lot of you know
276lot going on at the district and that she had received via email a copy of the packet and um you know how that was very troubling and I asked her where she got the packet from and she said I don't want to get her in trouble um but that's all she would say she did not give me a name so um if it were another parent would that would you have the ability to get that person into trouble no um you question it were another thank are any of those individuals that you just mentioned super supervisors to miss esamia um any of the individuals that I just mentioned meaning meaning Miss Chan Miss Wong um James Jacob Peter pone uh well miss Mrs Chan at the time would have been um considered her supervisor supervisor
277supervisor's boss right so at the very you know on the organization chart she's you know board member so fair enough um what about Daisy Wilson Steve park or Mr B no they're just they're parents are any did um did respondent or her husband ever try to meet with you to discuss the materials in that packet no or any issues related to Nate Turner no or any concerns related to their son's experience on the football team no did they ever discuss with try to meet with you to discuss health and safety issues no or governmental misconduct no have you ever heard from um miss esamir or anyone on her behalf any violation of rule or regulation in the hiring or retention of Mr turn Turner on her behalf on her behalf whether it's no Mr Blazier
278or her husband or herself anybody okay so I'm not I'm sorry I need to ask you to clarifye yes have you ever heard from Miss esia whether your conduct your being the district the district's conduct in hiring or retaining Mr Turner was a violation of law or regulation have you ever heard that from her attorney on her behalf um not in those words but on her behalf filed a complaint about the matter right and in that complaint you if you recall is there anything that says that your conduct in hiring or retaining Mr Turner was a violation of law um and did you become aware that Miss esamia filed a complaint with the San Marino Police Department regarding her claim of retaliation yes and did the district receive a response to that complaint from the
279San Marino Police Department uh just that it had not been it didn't go anywhere okay let's look at tab 41 okay and which binder yeah that I think that's three 41 cor okay and what is this um this is a letter authored by John enro Chief of Police from the San Marino Police Department to our then board president Shelly Ryan uh basically stating that um they had completed their review of the esia case and determined that there is no evidence of any criminal conduct or misconduct we have concluded our investigation however if any information of a criminal nature is brought to our attention we will reopen the matter in other words the district did not commit any criminal misconduct in the on in the view of the city of San Marino Police Department that is
280correct so is it fair to say you were very concerned about the packet of materials I was very concerned about that yes and what um beyond the subject matter of it was there something going on in the in the school district around those do documents that had you concerned um there wasn't anything going on that had me concerned at all we had no complaints or um any reason to believe that Mr Turner um was creating an unsafe environment there was no evidence to that at all did you engage with Mr Turner yes and did you ever have any experience that made you concern at all no and um would you say there was chatter in the District about Nate Turner yes um related to the information in the packet yes and how did you come
281to that conclusion people were talking about it um I was hearing it everywhere I went um I heard it from a PTA president um there was just a lot of conversation in the community about that and were you in the position of responding to that in part no not really other than to say that we had um you know done our due diligence in terms of vetting um him as a candidate and that he was in fact eligible for employment in San Marina and was he a good coach yes they had a very good season as a matter of fact they went to uh they made CIF um they did really well I asked you earlier if um Mr Esa had ever tried to meet with you and you said he had not correct correct
282do you know who Patrick Esa is yes and how do you know um Mrs esia has worked for the school district for a long time and it was very well known that um you know she used to be an employee of the sheriff's department and that her husband still is and um was there an issue that occurred at a board meeting related to Mr ES yes and what was that um Mr esia and an unknown male um showed up at the I I think it was March 12th board meeting um sat in the back and um at first we thought that they might pull a card a public comment card which you know as a citizen you have every right to do um and and speak out and that never happened and we were looking
283at the agenda there was nothing on the agenda that would have related to any parent issues from San Marino High School um and so he sat in the back with the unknown maale and basically just stared at the board and at one point was rolling his eyes we have that on film um and yeah was very uncomfortable and intimidating you think his intention was to intimidate the board and yourself without question uh would you look at tab 36 sorry what's 10 36 is this a photograph that you took yes and it's taken in this boardroom yes and why did you take that picture um because we wanted to document the fact that they were there um and you can for no reason other than to intimidate sorry um following the board meeting did he approach
284you NOP did he ever have any discussion with you or any other the board members no did you see him again that evening um that evening um when we went out to the parking lot a car drove very slowly by um and we made the assumption that it was probably him but you're not sure I'm not 100% sure and is it your understanding that both the issue with the confidential records and the conduct towards you and the board are under investigation by the Los Angeles sheriff's department the internals buau yes um did you receive letters of support from Nate Turner for Nate Turner yes and what prompted these letters to your understanding um I think there were some parents who felt badly about the way that he was treated and the rumors that were going
285around about him and they had a completely different opposite experience with their kids in the program he let's look at um tab 37 and um this is can you tell us what this is um the first page or the the first page looks like a cover sheet correct it says to whom it may concern Lis see attached character letter for Coach Nate turn and who is um ma he was a parent I didn't hear the name Mazy m a z i y spelled y a r h n a d i he was a parent in the football program his son played football for Nate trer was he also the booster club president at one point yes prior to uh Cassie zacher Torino I believe he held that position and um with you don't have to
286read this letter but it's your understanding do you recall receiving this yes and what is the the gist of this letter um he is um it looks like a letter of recommendation for um coach Turner talks about how he um um is so grateful for Mr Turner's um expertise with the team um that he has nothing but respect and praise for Coach Turner on how he has displayed himself throughout the season um he continuously worked hard to motivate and Inspire players under his guidance um he pushes through every obstacle in order to see the players succeed um he taught these kids the game of football um he didn't have a lot of support uh over the last years he would always check in with his son and ask his son um his honest opinion about
287the coach whether those feelings were positive or negative and he was able to decipher um that his child was happy with the program um he's he's saying I can visibly see that not only my son but the entire team is extremely content with their coaches and their season this is something that is not often seen and we should be extremely grateful that we have this exper or we can experience this type of feeling um talks about the first time he met the coach um that he you know the next day he was there to volunteer at 6:00 AM to clean up grad night um uh he talks about an incident where a cheerleader had a terrible accident during one of the games um and Coach Turner asked all his players to sign a getw card
288for her um and according to uh Mr yamad he uh he meaning coach Turner has proven time and time again that he is the man for this position as head coach he says he has lifted morale and spirit across the whole Community giving us excitement every Friday night the athletes are extremely fond of him and his coaching staff um and what they have done for him uh for them players are tearing up after games and thanking the coach for all they have done which is something we don't typically see anymore um this is the spirit and influence that San Marina Football needs and then let's look at um Tab 38 again and who is this from this is from another parent and what's the the sort of gist of of her conance she's talking about
289the fact that she met him um uh when he was working the entrance gate um with our assistant principal um Sarah pen and Laura and yes Sarah is s a r a last name p n a l o r a you're welcome um she talks about being a long-term resident of the Community her family being from Hawaii um she talks about um the fact that um her father played uh football for the University of Hawaii um and was even on the Travel team that beat Nebraska um and she said that um she was thanking him actually for um giving the students at San Marino High School the opportunity to learn from him and his wisdom from experiences he can share um she says not at a great gift our school board has given what a
290great gift our school board has given them bringing you to our high school this is a great Community with very involved and giving parents they can probably drive you quite crazy as well I hope you [Music] will weather the storm in the transition and reach out um for support when needed and she says I will tell you I have lived in this town for quite some time and it has changed tremendously in so many ways with the diversity now much greater but still has some room to grow um believe me I know is one of the first Asian families to take on San Marino as a HomeTown in the 1970s not easy um let me know you I was not kidding about hoping to spend a little more time to get to know you and
291maybe allowing you to speak more freely um so she's basically complimenting him um saying that it was a what a gift you know the board gave to the community by putting him in this position um she's asking him any chance you're interested in coaching a female football team um she was very disappointed that that didn't happen this year um and apparently the athletic department is working on funds to possibly be an option for next year and then one more on P P 30 uh tab 39 which this from um this is from another parent uh Dr Ashley Sparks um she's saying on a weekly basis you probably receive letters supporting or opposing regulations rules or even sorry supporting or opposing regulations comma rules or even employed members of our community I can only imagine how
292much research comma reflection comma tough decisions comma and delicate responses must be a part of your daily job fortunately this is not one of those letters my name is Ashley Sparks potier that last yes c o t i l l i r and it is with great pleasure that I want to give a heartfelt thank you for what has transpired with my son uh through his experience with Coach Turner first let me give you a bit of background on and then she her son's name is redacted prior to being a junior this year at the high school only Sports activity had been with Coach bird in wrestling coach bird helped build up son's name is redacted self-esteem and helped him get through the challenges of freshman year his name is redacted had been faced with
293the impacts from an extremely negative science teacher that year and took it to heart when the teacher scoffed at his desire for medical school and she says her son ended up hospitalized um her son first met coach Turner in May of 2023 she writes to be honest I had heard rumors regarding the former football coaches possible demoralizing conduct toward players and was not sure if this was a formal or a normal I'm I'm sorry normal football thing my heart was so pleased when her son would come home home and I would hear the retelling of anecdotes and positive incidents that happened during practices or games out of my three boys and she redacts her son's name is the one who always wants to do the right thing be kind while achieving and succeeding coach Turner's
294philosophy seems right in step with these morals since his freshman year her son has also struggled off and on with depression during football with Coach Turner her son is motivated talkative and seems to have a bright outlook on life the other day when she was gathering information for an upcoming appointment with his psychiatrist and asked about his depression levels he stated if it wasn't for football with Coach Turner I would be depressed this to me is golden from the bottom of my family's heart thank you for your outstanding pick of Coach Turner anything you can do to keep him please do he has an empathetic yet firm hand on the young men and truly desires the best for them as individuals our family may not be Heavy Hitters in San Marino We Do not drop
295Drive fancy cars nor will you see our name on a banner but after working in education for over 20 years and focusing my degrees on learning how to support children in that field I can spot honest motivation from people through their actions coach Turner is a dynamic valued individual that I would support in leading the youth in our community thank you for your time did you receive a other than letters like this did you receive comments supportive of Coach Turner many did you ever receive any complaint at any time regarding his conduct no I did not did the district initiate discipline against responded and retaliation for her raising health and safety concerns no uh why did you initiate discipline because it was very damaging passing out the packet of information that's not publicly available that
296is um full of private personal personally identifiable information and allegations um is is can be very very damaging to that person's professional reputation and moreover it places The District in a position of life liability and it can create and it was alleged that it created a hostile work environment or coach Turner correct um did you receive a complaint from the respondent alleging um retaliation there was a complaint um from uh Mrs esamia that went to human resources and do you know if that was a September one complaint I don't I don't recall that date I wasn't like really involved in the processing of that okay do you know how it was processed uh through our executive director of human resources and Council was there an investigation related to that complaint yes um there was a
297directive to um go with an outside investigator to review the complaint um did you receive the executive summary of findings for yes I did okay and um if we look at tab 23 say minder yes um is it two two thank you thank you 23 familiar yes um and you said you reviewed that you've reviewed this before yes um did the investigator substantiate Miss esam's claims no did she find that the respondent submitted goodfaith communication to the district to pursue health and safety violations what did she find to the best of your recollection um she found that Miss esamia did not engage in a protected activity um she also found that um The District's intent to terminate Miss esia is based on legitimate business reasons and she did not find Miss esia credible did she
298find that respondent distributed the packet for purposes of remedying an issue of health and safety concern no did she find that the that um what made you decide that dismissal was important in this matter again um the distribution of this packet in in my opinion um after having um over two decades of experience in Human Resources is egregious and very damaging um to the school district and the um individual did you find that there was or is it in the consequences of that um to be disruption to the district it was very disruptive to the district it was all that people were talking about um it was becoming the conversation it caused the other employees to have to be displaced he no longer uh felt safe and comfortable working in that environment um because of
299the allegations that were being made against him so we had to make accommodations for that employee so that he wasn't having to work in that office um which was very disruptive and um not allowing him to do the work that we needed him to do um during the day okay thank you very much I don't have anything further does the board want to take a 10-minute recess I know we're getting away but yeah much we all here we see you thank you your honor good afternoon Dr dor you'd think after all of these years we would have been formally intr but I don't think we have although we have certainly seen each other here and there in about um flipped exhibit 10 if you would please it's in binder number one exhibit 10 is a
300September 1st 2023 Letter to Dr Rose from mesam are you familiar with this letter I may have seen it or they've they spoke to it but I did not receive this personally do you remember uh receiving and reviewing it sometime around September 1st 2023 I don't remember I don't recall Miss esamia begins with this letter is to officially put in writing a matter concerning my current work environment the presence of an employee Mr Nate Turner who has been accused of domestic violence by at least two women in court proceedings over extended periods of time in multiple ways is cause for great concern you would agree that Mr Nate Turner has been accused of domestic violence by at least two women in court proceedings would you not those allegations were made yes would you agree that
301the presence of an employee who has been accused of domestic violence by at least two women in court proceedings is a Cause of great concern not necessarily indeed in a publicly available Court transcript of an audio video recording he has quoted as saying and then there's some pretty harsh language that we've put into the record uh previously does does that language that's written there does that does that concern you does that is that of great concern this this language um I don't approve of this language it's not language that I would use um it's not language that I would condone um but I have no way to authenticate a recording that was made right um and in my experience as a human resources professional previously um I have been unfortunately privy to a lot of
302different domestic disputes where both sides make allegations um that times end up being unfounded right so if it's if it if it is founded though this would if it is yeah if it if it's if it's founded then or if it's authenticated then this would be of this would qualify as of great concern would it not it's really not my job to judge a domestic issue yeah you but on Direct you were you were quite happy to judge whether or not the dissemination of allegations is hurtful to your District hurtful to the community hurtful to the school hurtful to the learning environment so I'm asking you if this language is used by and if it's authenticated used by a a a football coach toward his girlfriend a year one year prior to being hired by
303the district I realize you can't do anything about that I fully concede that you can't act on that in the employment context I'm only asking is it of great conc sir so my response to that is that I can't act on it um and to share with you my personal opinion um to me does not amount to anything because the bottom line is that the district cannot take action against an employee for a heated argument that he or she has with their significant other would you would you say that this language is a little bit more than a heated argument in the sense that essentially the speaker of the Lang language is talking about beating on a woman this kind of language would not be tolerated if it were in the workplace I I'm not
304in their home I don't know if it was taken out of context it is not my job to judge domestic situations um as a matter of fact we are lawfully prohibited from doing that um so I can tell you that if something like this was said at school we would conduct a full and exhaustive investigation and yes absolutely would be of concern to me that would warrant the investigation but this is an allegation um that is not substantiated and it is considered a domestic matter which is not it is not the job of the school district or any employer for that matter um to get involved in a hearsay argument between parties it is unlawful for us to do that so my opinion doesn't matter I'm still asking for it though would it be a
305not not gonna provide an opinion on something that doesn't matter in terms of the the action that the district is taking you know and I and I and I completely understand and I agree that that in the employment context you can't use this language at all to in any way affect Mr Nate Turner right but what I'm asking is different what I'm asking you to do actually is put yourself in the position of L esima who doesn't make those decisions for the district you do I'm asking you to you know do you agree essentially with L esima that this type of language is of great concern and I again I don't feel that I can respond to that I would tell you that if it happened in the workplace it would be of great concern
306this is a domestic issue that happened in allegedly happened in someone's home um I don't get involved in that not I'm not uh permitted to get involved with that if it spills over to the workplace we deal with it very swiftly um safety the safety of our employees and our students is of Paramount importance to the school district so this there was no evidence of this kind of talk happening on the football field there was no evidence of this kind of talk happening um between any employees in Mr Turner I had nothing uh to deal with except for allegations that were being made by ex-girlfriends it goes the letter goes on to say additional allegations by these two women involving mental and physical abuse and false imprisonment are present in these publicly available court documents
307you would agree with me that these documents the documents related to this are publicly available right oh yes these allegations about a co-worker who I regularly interact with and is in my environment due to location and job duties contributes to a hostile environment would you would you disagree with that statement um yes because there was never any um action toward Miss esia um by Mr Turner that would warrant an investigation of that environment even though we did conduct an investigation um there was never a complaint where he said something to her that was offensive or out of line or did something to any female employee on the San Marino High School campus in um the context of his employment at all and and she and Miss esamia doesn't say that here either does she no
308right that's right she goes on to say particularly in relation to the link between domestic violence intimidation and the treatment of women it is widely recognized that domestic violence is an issue that extends beyond the private sphere and can have far-reaching consequences in various aspects of individual's life including their interactions in the workplace just their interactions in the workplace accusations of domestic violence indicate a pattern of behavior that involves intimidation control and power imbalance within personal relationships when such Behavior enters the workplace which we all agree and I can I can give you yeah absolutely I will and I can also give you the exhibit too so you can go back and yeah um involves intimidation control and power imbalance within personal relationships when such Behavior enters the workplace and nobody's saying it did here
309it can create an atmosphere of fear and discomfort do you disagree with that concern this is just speculation and allegations there's nothing here that we can point to to hold Mr Turner accountable for conduct in the workplace speculation um does not warrant um disciplinary action right and and and and I want to reiterate we fully agree with that we're not ask nobody nobody at any point in time including mesia on September 1st is stating you need to take employment action against Mr turer I'm just highlighting her concerns raised from documents that are contained in this packet and asking you whether or not you agree with her concerns and keeping in mind that she's not the superintendent she's not she's not making decisions based on employment law about Mr Turner she's got to work with the
310guy so do you understand her concerns maybe is a better way to put I did not agree with her concerns I felt that they were um I thought that they were not valid got it the presence of an individual with a history of domestic violence accusations can be particularly distressing for women in the district do you disagree with that you're asking asking me to comment on something that is again speculative no I'm I'm asking you just do you disagree with the sentence just the words the presence of an individual with a history of domestic violence accusations can be particularly distressing for women in the district I don't agree or disagree I mean that's a personal uh feeling that she has and she I you know I don't know why because he never did anything to
311her um to make her feel that way she read something on a piece of paper that she was um in possession of that maybe created that fear but there were never any convictions of Mr Turner um a temporary restraining order is somebody trying to get somebody to stay away from them and and this person was disputing property with Mr Turner and they were fighting over this property which led to the the trro being filed and then she didn't show up in court to defend her temporary restraining order so it was dismissed by the judge so that's not something the district can work with and I don't want to get involved in people's personal lives or private lives I'm here to make sure that people are doing their job kids are getting educated we're providing them
312with the best possible experience in a safe environment and there was never any action or display a behavior on the part of Mr Turner that would cause me concern for him being working around or with children or adults or women does it look like the quoted language at the top um the the troubling language that was recorded uh by the victim pursuant to the the uh restraining order does it look like that language has anything to do with a real estate dispute the real estate dispute as I understand it was the underlying issue that created the conflict um and and by the way I mean forgive me for my ignorance but was this substantiated by some authenticated by someone yes okay that's yeah it's the recording the the recording is was made pursuant to the
313temporary restraining order issued by the court and then that recording was substantiated by being attached to a sworn declaration that went before the not sure about that so I don't you'd want to you'd want to hear from amoris Bell I guess not no because I mean she didn't even show up in court to defend this no but you'd want to you you in order to authenticate this language you'd have to You' have to hear how do I know that it was even him I mean anybody could have been recorded it could be anybody's voice I don't no I I wasn't there right so we'd need to was authenticated right sure take it to a whole another level but nonetheless it wasn't at work didn't happen at work it happened between two people who were in
314a relationship um who whose relationship was dissolving the district should not be getting involved in people's personal lives and and I want to stress again nobody's suggesting the district should get involved in their personal lives I'm only s I'm only asking is it of a is it of concern and would it be of concern for a junior female employee of the District when reading information like this that's that's my only question we keep going back to what the district will or will not do with the information and we agree on I think the reason that this information is not supposed to be distributed is because it influences people to believe certain things about an individual who is innocent until proven guilty which is what our entire judicial system is based on innocent until proven guilty
315no one has been proven guilty here at all this is all speculation it's all um accusations I can't deal with anything but facts that have been substantiated right we're we're again we're in complete agreement with what you can do with the information and those are that has nothing to do with my line of questioning my questioning is all about whether or not you agree with Lea esa's concerns about this type of language think sounds like you don't yeah I answered that earlier and I said that I thought that they were um not valid I got you so I mean you did you did that's that was your answer okay um the go to exhibit eight I think it is well actually let me ask you this first Mr par Dr Park um his email to
316you said that characterized the uh the information in the packet as um very very troubling I guess was his email uh what exhibit is that I don't have it in front of me than good thank you the documents are disturbing he says see where Dr Park says the documents are disturbing yes so that's someone else's take I guess on these documents and again Dr Park is not the superintendent he's not going to make employment decisions about Mr Turner he found the documents to be disturbing do you find the documents in the packet to be disturbing I have seen a lot of domestic dispute allegations and so I don't automatically assume that everything that I read is true is factual or has been substantiated I have found over the course of my career that uh when
317these things come up more often than not allegations are made by both parties and uh you know sometimes you find out that they're not true and again the fact that this um person didn't show up in court to actually defend her trro um is is troubling in that I mean it wasn't even substantiated so the trro was dismissed so why would I be focused on that as a problem well the the temporary restraining order was actually enforced in June it was reinforced in August and then in September it was abandoned because amoris Bell didn't show up right she could have moved out of the state right I don't know again I don't get involved in people's personal life there's a separation between um you know their their work and their personal life people get divorced
318people break up people fight um it's very common and I may not approve of the language they use I may not approve of the tactics or what have you but I have no jurisdiction over what happened between two people in a relationship outside of the school district sure we we we could not be in more agreement that you you personally did nothing wrong when you received all of this information you did exactly what the law expected you to do and any other decision by you would have been unlawful right we're all conceding that yes what we're talking about here is what Mr what Dr Park described as documents that are disturbing and that which kind of dovetails with m Mia's complaint of September 1st she goes on and on and I'm not going to go
319through the last few paragraphs the board can read all of that but you know there is a concurrence there amongst people who are not the superintendent that these documents are disturbing so I'm asking you do you agree from their perspective not your perspective about law enforcement and what you can do in the employment context but from the perspective of people who are on the boosters or people who are employed and have to work right next to Mr Turner would would you say the would you say they are wrong that the documents are disturbing I think it's their opinion um and everybody has their opinion and it's really not my role to judge their opinion or agree or disagree I can only deal with facts that are in front of me um as a professional and
320um I suppose Mr park or Dr Park is entitled to you know his initial reaction to that did when he first um contacted you August 27th I guess it was um 20 2023 he reached out to you and he and he informed you he had a packet of adverse information right and did you tell him at that point that you didn't want to see the packet or what did you say in resp I said I would be happy to meet with the parties um but I'm going to have our attorney present okay and he he actually set up a a time um I had talked with our Council about being here at the district office at 6: PM the next day I gave gave him that information and um then he you know responded with
321we've discussed it and you you know I I will get you the packet um but you can review it um we're no long it's no longer imminent that we're going to pass it out to all the uh parents because that was their initial um comment that they were going to distribute that packet to all the parents I guess you don't know whether um Dr Park or Miss Zappo or Mr pikanini or Miss Wilson the parents who definitely had the packet I guess we don't know whether they distribute it any further than themselves do we I don't know um for certain I just know what I hear in the community which was it was distributed to several people right because several people were able to speak to it and its contents exactly so and that's August
32227th so that packet is out there as of August 27th and you're aware of it as of August 27th I was aware of the packet at August on August 27th I don't know that it was distributed other than to the parents that Dr Park identified right in his email and then he told me that they weren't going to distribute it any further than that because we had a conversation about liability um and it you know he I think he understood that that it was a situation where it would even create liability for himself and others to distribute the packet so they kind of took a step back on that but we don't know what they did with their packets we don't know what they did with their individual copies of the packet no it wasn't
323until the 29th when I saw Mrs escania passing the packet out herself right to people that you know I became very concerned and and that's and that's really my point by the time August 29th came around you were aware that the packet was circulating at least as to four different booster parents and and and you don't have any control or knowledge about how it may have been circulated even beyond that prior to August 29th no except that I was made aware that Lea had flagged down a board member to talk to her about the packet um and that she had also uh gone up to Mr ponei to talk to him about it um and that she presented the packet to uh Mr James Jacob after that after she was told not to yeah let's
324let's keep our our Dateline straight here I'm talking about August 27th to August 29th yeah between August 27th and August 29th you don't know what those four sets of parents may have done with the packet correct I can't know that but uh Miss Dr Park told me that they weren't going to give it out understood and then on August 29th um that's the day that you received the packet basically in triplicate because you took from the three individuals um Mr Chang Dr Wolf and Dr RoR who L gave it to in your presence on August 29th yes in your presence think he said later sorry I should have said m m esia i I'll I'll definitely try I'm sorry um and then so you said you didn't immediately review the packet but you reviewed it
325obviously that day I reviewed it when uh Dr Park brought it into to me on the 28th no I meant the ones that that you collected from the did you I had received the packet the day before and she said to me you you got yours yesterday so I assumed by her statement to me in the med Arts classroom that it was the same material did you check I did uh on my way back to the office okay my car and then um and then that night and it was yeah and then that night we have exhibit go to exhibit eight if you would that night we have this letter issued by Dr Benjamin wolf to L esamia by email right I thought this was delivered to her in uh person but I could be
326wrong he could have emailed it I don't know whether it was delivered to her personally or um like I don't it doesn't look like an email it looks like a letter to me so it does to it does to me too it doesn't really matter how it got out the door I'm guessing he gave it to her it is yeah well he's already I mean he's testified that he that he delivered it after miss esam's working hours which is and he testified that he emailed it it doesn't really matter but but let's go down to that last paragraph down there uh on page 8-1 it is my understanding that you are Distributing the packet on campus and it is causing disruption at the school site when he testified earlier today he could not come up
327with anybody else other than the three individuals that we've already identified Mr Chang Dr Wolf and Dr RoR that the packet was distributed to can you add anything to this is it your understanding that mesia as of August 29th distributed the packet on campus other than those three people I'd have to go back and look at my records but I um was informed that she gave it to James Jacobs as I mentioned earlier that's the next day BBE I don't again I don't have the timeline in front of me okay um possibly gave it to or tried to give it to Peter pone um also and he's a retired teacher am I right he's a retired teacher yes and he was a retired teacher at that time no he was active he was on campus
328and she um according to his statement to me um walked up to him and started talking to him about the situation and uh the packet and he said oh no no no you know I don't want to have anything to do with this or something and walked away from her Midstream but she had already started talking with him about and are you aware that Miss esamia did not have the packet with her at that time I don't I I don't know know what people report to me and then uh with regard to um Jane cha she doesn't even she doesn't say that Miss Miss esamia gave her the packet she just said that Miss esamia approached her to identify this issue and discuss this issue the packet right right and then both you at the
329same time so got half a question a dash another Dash and half an answer just let you know we'll try to do better yes okay and then finally um Susan Wong you you met with her on February 28th 2004 which is when she said you you can't cut me off or she's going to get really mad at us February 28th 2024 um that's after m not that's not only after all of these events it's actually after M esia had filed her board complaint her criminal complaint and her board complaint right so it was a matter of the entire the entire package is a matter of public record at that point right no no we wouldn't this would not this is a personnel matter it's not ma a matter of public record well you're not you
330you can't control that if it's if it's a criminal complaint that's filed and and if it's a board complaint and a government claims act claim none of that is protected information right well it's under seal now yeah oh absolutely unless you're disclosing it we did we're certainly not disclosing it yeah I I understand you're not disclosing it I'm saying by this point in time by February 28th anybody could see the packet because the packet is part of a public record I would dis agree with that okay well you'd be you'd be incorrect but that's fine that in any case it's February 28 2024 and and she didn't even identify Miss esmia as the as the person who sent it to her anyway right she said uh I don't want to get her in trouble yeah
331could be could be anybody I made an assumption based on you know the reference to her right and her notan to tell me because she didn't want to get her in trouble right could have been somebody could have been somebody on your staff I don't think so I don't I don't either but it could have been who told um Mr Turner that l esima made the report that she made on August 27th uh I again I don't sorry August 29th yeah my mistake forget about August 27th on August 29th the day the day that Miss esamia gave uh Dr Wolf and Dr RoR and Mr Chang the the packet and then September 1st we just looked at her letter that she officially wrote to Dr Rose who told Nate Turner that Miss esia had made
332this complaint assumes facts I just objected as it assumes facts that you can I'll allow it you may answer um I don't know and I don't know because um there was an investigation and an investigator was assigned um because um Mrs esia had filed a compl complaint against Nate Turner and several days later Nate Turner filed a complaint against Miss esenia for creating a hostile work environment for um defamation of character slandering his name um damaging his reputation uh he felt like he couldn't work in the same environment with her so it was being investigated well he so it could have been the investigator that told him he filed his complaint on September 5th yeah so who who told who told Turner who told Nate Turner that Miss esia had filed a complaint you don't
333know no I don't know do you see uh Patrick Esa in the room today yes I do does he appear to you to be intimidating you or the members of the board uh not at the moment what would you say the differences between his appearance today and the appearance in the photograph of the exhibit that we now discussing smiling he was here on March 12th he was not he was he had a very serious expression you can just look at the picture we I I did and he he kind of looks like he's asleep no no no good um I don't have anything further few seconds I'm gonna have super fast exhibit um Council Ed that in her letter her September one letter she was not trying to get rid of Mr Turner do you
334see on page 10-2 where she says he should not be allowed on campus yes does that suggest to you that she is trying to get rid of him yes thank you I have nothing further brief follow up on that um I asked Dr Rose if it were within the district's Authority and jurisdiction to Simply move somebody from office to office for instance when Mr Turner was moved from his office in San Marino up to the district and M and Dr Rose confirmed that yes that's within our power and jurisdiction so M Esa merely asserting that Mr Turner should not remain on campus in no way suggests that the district needs to fire him does it are you arguing or are you asking a question I think her objection is argumentative overruled um the second paragraph
335on um exhibit 10-2 my interpretation of reading this is that uh Miss esamia is stating that this individual because she mentions her son should not be the football coach and the football coach has to be um at the high school on the high school campus on the football field so there is no way to transfer um the football coach to any other site we only have one high school um so it's not reasonable to assume that this is a situation where we could just transfer him it's it's basically he needs to go in my opinion in reading this because it says there could be retaliation against myself or my son and her son was playing on the football team then why did you transfer Mr Turner to the district during the day because of his
336fear that Mrs ESO was going to make something up um that he wasn't doing he was fearful for his reputation he was fearful that uh because she was um clearly wanting him to be dismissed okay well again the letter doesn't say anything about dismissing Mr Turner or firing Mr Turner it simply says if this individual is allowed to remain on campus and the district found a way not to have on campus other than when he needed to be there for football practice right so the district actually found a way to do exactly what Miss esamia wanted it to do I don't agree with that statement because again her son um would have been under the supervision of Coach Turner after school and um in the evenings for practice and um possibly even on some weekends
337so she was concerned not only for herself which would have been during the day right this time there during during the day but she would she expressly wrote or my son who was really only around Mr Turner when he was serving as the football coach so I don't see this as um a situation where he could be completely transferred and everything would have been resolved which isn't my point at all I'm just saying that the letter says if the individual is allowed to remain on campus and the district eventually removed him from campus and moved him up to the district office that's my only point but my question is none of this would have had to happen at all if nobody from the district took this letter or mises's complaint and ran to Mr Turner
338with it there wouldn't even be a need for it would there well that also assumes facts over Ro you may answer um I don't believe that that's the way uh Mr Turner was notified whenever you have uh an individual who files a formal complaint against another employee and we're talking about um oftentimes bargaining unit employees who have the right to representation um they have the right to know that someone has filed a complaint against them when we investigate that and if Dr Rose was in the process or an outside investigator was in the process of investigating ating this matter um then Mr Turner would have needed to know that a complaint was filed against him and these are the allegations um and whether or not they in fact could be substantiated or not so that
339the complainant um has to know that the person they're complaining about is going to know that complaint was filed that's the only way that you can properly investigate it unless you're a really huge district and you could assume that it's you know one of 15 people but in a small school district where people work so closely together it's it's pretty obvious and especially if you need to separate the parties um so that it's like a happens with kids all the time right a no contact order where you keep people apart until you can resolve the conflict um and it protects both parties and so when we're doing the investigation and sorting through all of this um often times we will protect both parties but we've got to investigate so I don't know that somebody ran
340to Nate Turner with this letter he probably never even saw this letter well he filed a he filed his formal complaint a very detailed complaint on September 5th which is four days after this letter and you know very shortly after August 29th Dr Rose Dr Rose has already testified he doesn't know who who notified Mr Turner somebody notified Mr Turner and it wasn't Gonzalez because he hadn't been he hadn't been hired yet the independent an investigator so my question to everybody and I can't get an answer to it is who notified Mr Turner of M esa's complaint I don't I honestly don't know that is not a detail that I would get involved in right and and if you and as you testified if you have two parties that cross complain against each other like
341these two parties did the district should take action to separate them and protect both parties am I right depending on the allegations yes depending on the it circumstances right all right Council it's after five so I don't have anything further so let's uh resume tomorrow at 9 o' and uh just before you do that judge I don't I don't want to keep Dr Tator coming back in the morning if somebody just has one or two questions but if there's if there's a lot I mean it's up to it's up to you guys I have like a two questions well oh go ahead yeah can I ask yeah yes certainly yeah yeah hey Dr ninda hey so do you have I saw the investigator in the third page 13.2 said that he find out the Social
342Security numbers getting distributed but did you see any where that that picture the M ton of Social Security getting distributed yes it was uh in the packet of materials you're talking about Mr Turner social security number yeah it was on his fingerprint card oh that probably M St I believe under ch two which page the the one one 105 some of this is harder [Music] than maybe council could research that and come back to tomorrow part of the the issue is that one of at least one of my pages is so well it's also my eyesight but is so um rubbed out that I'll have to see if I can get a better can we table that until tomorrow that answer I have a couple questions for Dr deor but I can hold them till
343tomorrow okay yeah going come back tomorrow I know there is a request to come back at 8:30 but couple of the board members have obligations to get their children to school and everything and nine o'clock was as soon as they could get here so oh yeah no and we can do it we can even start we um I guess I guess I I guess I do need one procedural question answered are we done with the district's case well the district asking my question yeah of course no no it's um but was going to instruct if I should ask tomorrow or yeah tomorrow at 9: but uh we'll just take a half hour at lunch so maybe we can get finish tomorrow are you available tomorrow for few minutes or would you in the morning yes
344but in the afternoon I'm not so you prefer why don't we just ask a question question let me just ask right yeah okay so I want to try to get um some background a little bit it was stated in an email that and I'm sorry I'm not keeping track of these exhibits that um Mrs Esa felt the district wasn't doing anything about um I don't know if it was the actions or the um allegations or the rumors and that was the impetus for the research of the packet um the resarch of the the research which resulted in the packet so my question is if the district was made aware of anything that you could have done prior to the package being presented no and what is the history of interaction with the boosters and um
345coach Turner if you know uh the history and interactions of the boosters with um coach Turner from the time that he was hired um was not good um are I'm sorry can you clarify question yeah characterizing their relationship um it was um it was suggested by several people that there was a uh group of individuals um that were actively trying to um get rid of Mr Turman so that the other candidate could have been hired and so there was a lot of um talk in the community about that getting rid of him prior to August 27 yes yeah I one one show question sure yeah so in the packet the 32 the the the Steve Park Dr Park said the document is a disturbing but when I look at the the the hi he signed
346the paper that he never got the document so I kind of got confused is it different document they're talking about or do you know anything about that where are you looking specifically it's um so if you look at the 32 in the email2 50 30 email he he mentioned that the document was disturbing right yeah but when I'm looking at the H he he actually signed the paper that he never got the document he doesn't even know the content about the document so I I got kind of confused that is the is the same document we talking about the S two and 50 5 disconnecting arle which T the the 32 first in then that the 32 email saying that the documents is disturbing and the T 50 he signed the paper that I never
347got the document didn't didn't even talk about about the document oh I think um you're talking about paragraph three no ST to yeah yeah I the way I read this is that he's denying that he received it from Mrs esia he's not saying that he hasn't received it at all he's just saying that he didn't re oh so she got it from someone else that's what he's trying to allude to I think yeah here um follow up on Dr Park yeah did he give a reason why they decided not to distribute the packet to all the parents as they had planned um when we had spoken he asked what my concerns were why I needed to have an attorney present and I said um you know I'm concerned that there's nothing actionable in this packet
348and that it may lead to liability for the district there's there was nothing that the district could do with that information um separate and apart from him actually having a complaint related to his work or his conduct while at work which we did not have and so I said it's you know this is a potential lawsuit um that could be filed by Mr Turner um for you know Distributing the packet of materials which is injures to him personally and so Steve thought about it Dr Park and said yeah and I I think at that point he decided that he didn't want to be Distributing the packet to other people because he didn't want to involve himself in any potential litigation that's speculative on my part but uh right after that conversation and inviting them to
349come in and speak with myself and councel um they had decided that they didn't want to do that after all and they were kind of backing away from it at that point so did he Express that their safety concern concerns were satisfied because it seemed like it was two separate things and so also they didn't take any action with their children no and none of them removed their children from the football team after that none of them okay we're adjourned until 9 tomorrow morning ask one more question so tomorrow we are going to second day but since Mr ES in so I don't know wor to do that or not I know we'll see okay well we have a standing objection to to that issue and and our motion to dismiss remains and I'd be
350happy to put that in writing for the board and for the judge okay we're adjourned until N9 o'clock tomorrow morning thank you everybody thank you