In The Matter Of: Caffrey vs. Gladwin Community Schools, et al.

SALLY HIGHTOWER May 29, 2013

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Min-U-Script with Word Index

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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Reported by: 24 25
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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF GLADWIN

PHILIP CAFFREY, Plaintiff/Counter-Defendant, vs. GLADWIN COMMUNITY SCHOOLS, GLADWIN COMMUNITY SCHOOLS BOARD OF EDUCATION, SALLY HIGHTOWER, KELLY GOWER, GREG ALWARD, TREVOR GRAVELLE, BRAD WITHROW, LISA SCHWAGER, LINDA WINARSKI, RICK SEEBECK, JULIE A. SHEARER, jointly and severally, Defendants/Counter-Plaintiffs. ______________________________________/ File No. 12-6665-CZ

DEPOSITION OF:

SALLY HIGHTOWER

May 29, 2013, at 3:35 p.m. 401 West Cedar Avenue, Gladwin, Michigan

APPEARANCES: For Plaintiff/ Counter-Defendant: For Defendants/ Counter-Plaintiffs: ALSO PRESENT: CLINE CLOSE DYER BY: KURT N. HANSEN (P14622) O'NEILL WALLACE & DOYLE BY: DAVID A. WALLACE (P24149) PHILIP CAFFREY DIANE KRAYNAK, RPR, CRR, CM, SCC Certified Shorthand Reporter 2122 (989)835-9171 Fax: (989)835-6064

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----------------------------------------------------------------EXAMINATION INDEX ----------------------------------------------------------------PAGE Examination By Mr. Hansen 3

----------------------------------------------------------------EXHIBIT INDEX -----------------------------------------------------------------

(No exhibits marked.)

SALLY HIGHTOWER, having been first duly sworn, testified on her oath as follows:

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q BY MR. HANSEN: Q A Q A Q A Q A Q Would you state your name, please. Sally Hightower. And you are a member of the Gladwin School Board? Yes. And you hold an office with that Board, is that correct? Yes. And what is that office? President. Now, in this matter you had a conversation with Mr. Caffrey, I'm not sure when it was, two or three weeks ago, is that right? MR. CAFFREY: Oh, longer than that. It was longer than that? recall? It was probably in the fall. The fall of 2012? Yes, as far as -And this had to do with some porn sites that were on the superintendent's Twitter account? MR. WALLACE: I'm going to object to the gross How long ago was it, do you No. EXAMINATION

mischaracterization of the facts and ask that it be stricken.

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A answer. You didn't let me finish. And then he said, I have one stipulation. And I said, what's that, Phil? And he said, that you not contact Rick Seebeck.
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Q A Q A Q A

Well, you tell me what it had to do with then.

How's that?

He called me, asked for a meeting with some Board members. Okay. And pertaining to what? That's what he told me.

Some information he had.

And what information was that? I didn't know at first, and I asked him what Board members did he want to meet with because he said "some". And Mr. Caffrey said, I'd like to meet with myself, Mr. Withrow, and Mrs. Winarski.

Q A

And you, also? And myself, yes. And he said any more than that would be a

public meeting, would be an open meeting, and that was illegal. Q Okay. Did he indicate to you at that time what the subject

matter was? A Q A Q No. Did you indicate you would get back to him then? Yes. And then he said --

Well, you called him back then, is that right? MR. WALLACE: Excuse me. You didn't let her

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Q A Q A Q A Q A Q A Q A And I said, I cannot promise you that, I said, but I will get back with you, where would you like me to get -what number would you like me to get back with you? And he said, call my home or you can call my cell phone. I said, okay, I'll get back with you. And did you call him back then? Yes. And was it revealed then what the subject matter was? Yes. And what was that? That he had some information that there were some pornographic materials on Mr. Seebeck's computer. And did you do an investigation after that? No. Did anybody do an investigation? No. Not at any time was there an investigation done? Not with this phone call, no. Concerning the subject matter of the porn sites? As far as my knowledge goes, no, there was no investigation done. The police never came? Not to talk to me. Well, to talk to anybody, are you aware?
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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q A A Q A Q A Q A I'm not aware of what the police did. I was -- I am only

aware of what I was told by the prosecutor. Okay. So the prosecutor and the police were involved, is

that right? I called the prosecutor. And Mr. Miller said there was no

investigation ongoing by his office or by the State Police. That's what Mr. Miller told me. Okay. And that was not in connection with this phone call. Well, okay. What happened after he told you about the

alleged pornography on the Website? I asked him, I said, does this involve the Twitter account? And he said, yes. And I said, Phil, that was hacked into. that has been shut down. Okay. And what was his reply? And I said,

He said, how do you know? And I said, I was there when it was shut down. It was shut down on a Wednesday morning at 10:31 in the morning by the head technician, who came from the high school to shut it down. I was in Mr. Seebeck's office with

the technician and myself and Mr. Seebeck present. Okay. So you're not aware of the police ever being involved

or anything else like that? Not to my knowledge, no.

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q Q A Q A A Q A A Q Q A Q Q A And that was the end of it, is that right? Well, Phil tried to get me to say, well, we need to know this. And I said, Phil, we're not going to play your game. And I said, this conversation is over. Okay. Yes. Prior to that conversation -- which occurred, what, last fall? Is that right? And I hung up.

And is that the last time you've talked to him then?

Yes, as far as I can remember. Okay. Did you have any -- do you recall when you had any

other conversations with him? I've had one other conversation with him. And when was that? That was before his daughter's hearing before the Board when she was coming up for possible tenure charges. Okay. That was, what, approximately three years ago?

Two and a half, something like that. That's the only conversations that you've had? Yes. He tried to convince me that I should support his

daughter. Okay. Were you aware of this motion that was filed for a

protective order before it was filed? No. Okay. I don't know of any protective order being filed. Now, when the original lawsuit was filed in this
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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q A Q A matter back in May of 2012, did the Board ever meet concerning that lawsuit in a public meeting? Not that I know of. Not that I remember. I'd have to go

back and look at the Board minutes. And do you recall any deliberations that were ever done? Not other than at a regular meeting. Okay. recall? No, not specifically. You don't know -- did you ever get a copy of the complaint? I've received copies of a complaint that we were served with. Okay. I assume you read it? When did you find out about the lawsuit, do you

Yes, which the legalese I do not understand. This was the second lawsuit or the first one? First lawsuit. The first one had to do with FOIA requests for phone bills, records, that kind of thing. Right. So that's the one that you received a copy of. Yes. Did you ever discuss that with anybody? Other than Board members, no. But you did talk to other Board members about it? Yes. Yes. We were all served with it.
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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q A Q A Q A Q Okay. Is this the first lawsuit or the second lawsuit?

Now, maybe it was the second one we were served with. The first one was only against the School District itself. Okay. It was not against the individuals involved, okay? Yeah. Just so we're talking about the same thing. Okay. Yes.

So the first lawsuit, did you ever discuss that with anybody? Oh, yes. before us. Okay. else? Probably at a regular meeting or at a workshop. Okay. No. It wouldn't have been any other place? We've never had any meetings other than regular The Board members. Yes. We had to. It was

We had to discuss that.

Was this at a regular meeting or was it someplace

meetings or workshops or special meetings that have been called and posted. Do you recall what the conversations were concerning -No. -- that first lawsuit? No. Sure. That was a long time ago. But there was a lawsuit, and you naturally would have

brought it up before everyone -Mid-Michigan Reporting LLC (989)835-9171

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A A Q A Q Sure. -- as to how to deal with it, right? Yes. Did you ever vote to turn this over to your insurance carrier? No. That is, we retain SET SEG. That decision was made And my understanding is

long before I was on the Board.

that, by retaining SET SEG, it gives authority to the superintendent, whoever that may be at the time, to deal with that insurance company for the liabilities. Okay. In front of you there is the insurance contract with I believe that's Seebeck 2. Correct?

SET SEG. Yes.

Would you look on Paragraph B(1). B(1). Just read that to yourself. Okay. That paragraph defines what a member is, is that right? Um-hum. MR. WALLACE: speaks for itself. And is it your understanding that a member is -- that the School District is the member? I'm assuming. District.
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Form and foundation, the document

It says School District, means School

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A A Q A Q Oh. Okay. A Q Q Okay. please. 3(a)? I believe it's 3(a). It's at the bottom of the page. And under Paragraph 3(a), if you would read that, It's the next-to-the-last page.

3(a) under Loss Provision. Okay. That indicates that it's the member that is supposed

to notify the insurance company, correct? Yes. Okay. And you never voted to have the superintendent do the

notification in this case? No. Now, on December 24th you had a special meeting? Yes. Somewhat unusual to have a meeting on Christmas Eve, right? Yes. What was the reason for that meeting on that date? My understanding was that we had a written document from Mr. Wallace that we were to review, Mr. Seebeck would review that with us, and we would discuss it at that meeting in closed session. Did they indicate what the document was? MR. WALLACE: I'm going to object, invading the

attorney/client privilege. You don't need to answer that question.

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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A THE WITNESS: MR. HANSEN: Okay. Well, she has to answer whether or I'm not asking her what

not it was indicated what it was.

it was, just was it indicated what it was. MR. WALLACE: Well, if you're asking what happened

during the closed session, she's not going to answer the question. I can't say. MR. HANSEN: the closed session. MR. WALLACE: question that you are. MR. HANSEN: MR. WALLACE: But I'm not. Well then, ask your question. Well, it would be inferred in your I'm not asking what happened during

Was it indicated before the meeting as to what the document was? No; that we had a document from Mr. Wallace that we needed to review. And then you went into closed session on that document? Yes. Was that document a legal written opinion? MR. WALLACE: I wouldn't know. Don't answer the question.

I wouldn't know. I guess the question has been

MR. WALLACE:

answered subject to my objection.

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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q Q A Q A A Q A Q So then you came out of closed session at that time, right? Yes. Now, the minutes indicate that Lisa -- you made the resolution to go into closed session and that Lisa Schwager seconded that motion. Do you have specific recollection of

her actually seconding that motion? I would refer back to the minutes, and if it's in the minutes that were approved at the January meeting, yes. But from your own specific recollection? No. Not offhand, no. That's why we have minutes. I refer

to them. And how are the minutes prepared? The secretary takes notes, and I'm assuming he passes them on to Mrs. Shearer, who formulates the formal -- those notes into the formal minutes, which we review at the next meeting and choose to either accept or reject. The minutes of the special meeting indicate, when you came out of closed session, then you resolved to appoint Mr. Wallace to represent you and file a counterclaim concerning -- and take legal action concerning two cases, is that right? Yes. There's some other language there that indicates -- well, you can read it, specifically what it is, any other legal matters or something to that effect.
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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A A Q A Q A Q Q A Q A Q A Um-hum. What does it say? It says: To pursue the counterclaims and any other legal

action necessary in the cases that are numbered and any others as applicable. Any others, what does that refer to? That I couldn't tell you. Now, there was a -- this counterclaim then was to be filed on behalf of the School District, -Yes. -- the Board, -Yes. -- and all of you individually, is that right? Yes. And who's paying Mr. Wallace to represent you in this counterclaim? Mr. Wallace, to my knowledge, is doing this for free. The insurance company isn't paying him? Not to my knowledge. it for free. Okay. The counterclaim. Yes. Okay. Let's make that specific. The counterclaim. I don't know. He's told us he will do

That's for free, -Mid-Michigan Reporting LLC (989)835-9171

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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q A Q A Q A Q A Q A Q A Q Yes. -- it's your understanding. That's what he told you, right?

SET SEG has authorized him for the suit. Okay. SET SEG hasn't authorized him for the counterclaim. I don't work for SET SEG. That's why I'm

I don't know. Okay.

Well, we've had testimony both ways.

asking the question. I don't work for SET SEG, Kurt. You don't know whether or not SET SEG's paying him or not; Mr. Wallace has told you that he's doing it for free, right? Yes. He's told me he is doing it for free.

Now, in this counterclaim you're suing Mr. Caffrey for libel and slander. Yes. And what written statements has he made about you that are untrue? I haven't seen any written statements. Okay. What oral statements about you has he made to third

parties that are false? I don't know of any particular ones. I know the general

feeling that many people have told me in this community. But you're not aware of any statements that he made to third parties that were false that were about you. I wasn't -- I wasn't there when he made things.
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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A A Q A A Q A Q Q A Q Who are these third parties that these statements were made to? Many people in the community. gossip. This is hearsay. It's I

It goes on on Facebook from what I understand.

am not on Facebook, don't intend to be, and -Well, as we sit here now, is it fair to say that you're not aware of any specific statements, orally or written, that were made about you that were false? No, I don't know of any. You've also sued him for intentional infliction of mental distress. Yes. You've claimed that he's involved himself in extreme and outrageous and atrocious conduct towards you. Yes. And what has he done towards you? Well, to my knowledge, when he files these lawsuits, he's been instructed not to contact Board members, so when he called me about Mr. Seebeck and this possible Twitter account, I was very intimidated because I know he's been instructed not to contact the Board members. Who did -- I'm sorry, who did this instruction? As far as I understand, it was the judge. And when did this occur? That I can't tell you.
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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q A Q Q A Who told you this, that he had been so instructed? It's -- we were told at a meeting that he was not to contact us because he is suing us. Who told you that at the meeting? Mr. Seebeck. Do you recall when this meeting was? No. Well, when he called you then, why didn't you just say, hey, I'm not supposed to talk to you? I was absolutely shocked that he called me. Okay. But you called him back.

I told him I would call him back. Okay, so -He is a member -You didn't have any problem doing that, did you? He is a member of the public. to serve the public. I am elected by the community

And he specifically asked me

something, I said I would get back to him, and I did. And that had nothing to do with the lawsuit that was pending, did it? No. No meaning it had nothing to do with it, correct? (Witness shakes head.) It had nothing to do with it, correct? No.
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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q A Q A Q Q A Q No, it did have -I didn't know what he wanted that night, Kurt. But once you found out, it had nothing to do with the instant case. No. I'm just having trouble with the answer no. I think I know

what you mean but let me ask it a different way. The conversation had nothing to do with the instant case, correct? When you put it like that, yes. So the only reason why you were upset is because Mr. Seebeck had told you that he was not supposed to call you. I'm intimidated by Mr. Caffrey. How many conversations have you had with him in the last two years? Two. What -- how come you're intimidated by him? The first conversation I had with him was about his daughter and the pending action that might be taken against his daughter. And at the meeting that we had at her hearing,

Mr. Caffrey got up and spoke in front of the Board and many people in the audience and was very rude and made some false statements about a former administrator, and he was stopped by the then president. And at that meeting, after we were in closed session
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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q Q Q A Q A Q A Q A and came back into open session to vote, I was the one that seconded the motion to send his daughter on to the tenure judge. And what did he do? I'm telling you what I'm feeling, and I feel intimidated. Yes, but what did he do to intimidate you? I don't like to hear from him. Well, you haven't heard from him. I have. You talked to him twice, I mean, in two years. Well, you can laugh all you want, Kurt, but the general feeling in this community is, he's out to get Mr. Seebeck in any way, shape or form, that it will never be over, and that he either wants us to fire Mr. Seebeck or have him resign. And I have no intention as Board president to do either of those actions. So these are feelings that you have, but he's only had two conversations with you and that's it, right? That's it. You accused him of willful and wanton misconduct. that? Well, my feeling is that I don't know -No; what are his actions? MR. WALLACE: MR. HANSEN: I want to know his actions. What is

Wait a minute. I don't want to know what her

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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q A Q A A feelings are. MR. WALLACE: MR. HANSEN: Do not interrupt the witness. She's not being responsive. The

question is, what has he done that's willful and wanton. MR. WALLACE: Please complete your answer.

My feeling is that, because of his attitude towards Mr. Seebeck and we as Board members, that we don't know what he's going to do. And when he tells a judicial member that it will never be over, that he will get Rick Seebeck no matter how long it takes, and he continues to bring frivolous lawsuits against us and Mr. Seebeck, that, to me, says it's never going to be over, and I don't know what he's going to do. Who's the judicial member? Whoever the judge was at one of these lawsuits. And the judge said what? The judge didn't say. Mr. Caffrey said, it's never going to

be over, it's always going to be -- he's always going to get after him. Who told you that that was said? That was what I understand was said. And who told you that? I was just related that. I can't remember who said that.

Are you aware that Mr. Caffrey at no time at any one of these proceedings was allowed to say anything, that all the
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21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A Q A Q A Q A Q A Q A Q lawyers did all the talking? Well, I find that hard to believe. But you don't know who it was that told you this. No. But it must've been somebody important enough that you believed it and you developed feelings because of it. Yes. Was it Mr. Seebeck? I can't remember who it was. Now, this second lawsuit has to do with minutes of the meeting, right? Yes. And do you understand there's a difference between proposed minutes and approved minutes? Yes. And do you understand that proposed minutes are supposed to be turned over within eight working days? Yes. In this particular situation there was three different requests made for available minutes -- one for available, one for proposed, and one for without designation, right? Yes. They were denied each time because it was said that they weren't approved? If that's what our legal advisor said, yes.
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22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Q A Q A A Q Q A Q A Q Okay. Well, that's wrong then, isn't it?

I can't tell you that. Well, if the law says -I'm not a legalese advisor. But you are aware that the law makes a differentiation between proposed and approved minutes. That's what I've been told. So if you ask for proposed minutes and the reason given for not turning them over is because they aren't approved, that would be contrary to law, wouldn't it? Could be, yes. Okay. Is that frivolous then to ask for that?

No, but, you know, they're on -- they're posted on the Website even before they're approved by us. Well, but isn't the reason for the difference involved is because it's very often 30 or more days before the minutes are approved? True. Yes.

So time is of the essence then, isn't it, -Could be, yes. -- if you want to see the minutes, right? Yes. Are you aware that you deny in your answer to this that you don't have to turn over proposed minutes, you have no duty to do that within eight working days?
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23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q MR. WALLACE: Counsel, the pleadings in this case

are as written, and your interpretation -- or your misstatement of what they say is objectionable. foundation. Are you aware of that? MR. WALLACE: You can answer if you can. Form and

I'm not going to answer that. And the reason why you're not going to answer that? I couldn't tell you. a lawyer. Legally, I couldn't tell you. I'm not

I'm not a judge.

Well, it's your answer, and you're denying liability even though you're saying, well, maybe they should have turned that over. MR. WALLACE: Well, counsel, you're missing the

most important fact, that your client had the proposed minutes and the approved minutes before this lawsuit was filed. MR. HANSEN: We never had the proposed minutes. Nobody has.

You've never turned those over. MR. WALLACE: MR. HANSEN:

They're one and the same. They aren't. Even your affidavit

says that it's different.

As a matter of fact, your

affidavit says that a change was made at the meeting, right? MR. WALLACE: I'm not going to argue with you.

You know your client had the minutes and you know they're
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24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q A Q A A Q A Q one in the same. ahead. Do your best to answer the question, please. As far as I know, they were posted on the Website. But the proposed weren't because they were different than what the final was. I couldn't tell you that. Well, your affidavit indicated that there was a change made at the hearing, at your meeting. Because somebody's name was misspelled? Well, it's a change no matter what, isn't it? Is that what you're speaking of? misspelled, then it was changed. Okay. So we've never received the proposed minutes. But If somebody's name was So if you want to perpetuate this, go

that's not why we're here; we're here because they weren't being turned over in a timely manner; do you understand that? MR. WALLACE: I'm going to object to the untrue Form and

statement that's a preface to your question. foundation. Do you keep phone records? No. So the School doesn't keep the phone records. I don't keep them. Does the School keep them?
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A Q

I do not know. One of the things that we're alleging is that they aren't keeping phone bills, and you don't have any knowledge about that one way or another?

A Q A Q

No. Do you know whether or not you're supposed to be doing that? No. I'm not in management of the schools.

Are you aware of any statements made by Mr. Caffrey that were made to other members of the Board that are alleged slander or libel?

No. MR. HANSEN: That's all.

(Deposition concluded at or about 4:05 p.m.)

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STATE OF MICHIGAN COUNTY OF MIDLAND I, Diane Kraynak, Notary Public in and for Midland County, State of Michigan, acting in Gladwin County, State of Michigan, do hereby certify that I stenographically recorded the deposition of SALLY HIGHTOWER, the deponent in the foregoing deposition; that prior to the taking of said deposition the said deponent was duly sworn to tell the truth, the whole truth, and nothing but the truth, and that the foregoing deposition is a true and correct transcript of the testimony of said deponent, to the best of my ability. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, a relative or employee of such attorney or counsel, or am financially interested in the transaction. I further certify that no request was made that the foregoing deposition be submitted to the said deponent for examination and correction by her or that she sign the same.

_________________________________________ Diane Kraynak, CSR-2122 Certified Shorthand Reporter Registered Professional Reporter Notary Public, Midland County, Michigan My Commission Expires: 11-1-13

Caffrey vs. Gladwin Community Schools, et al.

SALLY HIGHTOWER May 29, 2013 counterclaim (7) 13:19;14:8,16,22, 24;15:4,13 counterclaims (1) 14:3 22:24

A
absolutely (1) 17:10 accept (1) 13:16 account (3) 3:22;6:12;16:20 accused (1) 19:20 action (3) 13:20;14:4;18:19 actions (3) 19:16,23,23 actually (1) 13:6 administrator (1) 18:23 advisor (2) 21:25;22:4 affidavit (3) 23:21,23;24:8 against (4) 9:3,5;18:19;20:11 ago (4) 3:12,16;7:17;9:23 ahead (1) 24:2 alleged (2) 6:11;25:9 alleging (1) 25:2 allowed (1) 20:25 always (2) 20:18,18 answered (1) 12:25 applicable (1) 14:5 appoint (1) 13:18 approved (8) 13:8;21:14,24; 22:6,9,14,17;23:16 approximately (1) 7:17 argue (1) 23:24 assume (1) 8:13 assuming (2) 10:24;13:13 atrocious (1) 16:14 attitude (1) 20:6 attorney/client (1) 11:24 audience (1) 18:22 authority (1) Min-U-Script

10:8 authorized (2) 15:3,4 available (2) 21:20,20 aware (12) 5:25;6:1,2,23;7:22; 15:23;16:7;20:24; 22:5,23;23:5;25:8

cell (1) 5:4 change (3) 23:23;24:8,11 changed (1) 24:13 charges (1) 7:16 choose (1) 13:16 Christmas (1) B 11:15 claimed (1) B1 (2) 16:13 10:14,15 client (2) back (13) 23:15,25 4:17,19;5:2,3,6,7; 8:1,4;13:7;17:11,12, closed (8) 11:21;12:6,10,19; 18;19:1 13:1,4,18;18:25 behalf (1) coming (1) 14:9 7:16 best (1) community (4) 24:3 15:22;16:3;17:16; bills (2) 19:12 8:17;25:3 company (3) Board (18) 10:10;11:8;14:18 3:5,7;4:2,6;7:15; complaint (2) 8:1,4,23,24;9:11; 8:10,11 10:7;14:11;16:18,21; complete (1) 18:21;19:15;20:7; 20:5 25:9 computer (1) both (1) 5:13 15:6 Concerning (5) bottom (1) 5:20;8:2;9:20; 11:4 13:19,20 bring (1) concluded (1) 20:11 25:13 brought (1) conduct (1) 9:25 16:14 connection (1) C 6:9 contact (4) Caffrey (9) 4:25;16:18,21;17:2 3:11,14;4:8;15:13; continues (1) 18:13,21;20:17,24; 20:11 25:8 contract (1) call (7) 10:11 5:4,4,7,19;6:9; contrary (1) 17:12;18:12 22:10 called (8) conversation (6) 4:2,19;6:5;9:19; 3:11;7:5,8,13;18:8, 16:19;17:8,10,11 18 came (5) conversations (5) 5:23;6:20;13:1,17; 7:12,19;9:20; 19:1 18:14;19:18 can (6) convince (1) 5:4;7:10;13:24; 7:20 19:11;23:6,6 copies (1) carrier (1) 8:11 10:5 copy (2) case (4) 8:10,20 11:11;18:4,9;23:1 Counsel (2) cases (2) 23:1,14 13:20;14:4

E
effect (1) 13:25 eight (2) 21:17;22:25 either (3) 13:16;19:14,15 elected (1) 17:16 else (2) 6:24;9:14 end (1) 7:1 enough (1) 21:5 essence (1) 22:19 Eve (1) 11:15 even (3) 22:14;23:11,21 everyone (1) 9:25 EXAMINATION (1) 3:1 Excuse (1) 4:20 extreme (1) 16:13

D
date (1) 11:17 daughter (4) 7:21;18:18,20;19:2 daughter's (1) 7:15 days (3) 21:17;22:16,25 deal (2) 10:2,9 December (1) 11:13 decision (1) 10:6 defines (1) 10:18 deliberations (1) 8:5 denied (1) 21:23 deny (1) 22:23 denying (1) 23:11 Deposition (1) 25:13 designation (1) 21:21 developed (1) 21:6 difference (2) 21:13;22:15 different (4) 18:7;21:19;23:22; 24:5 differentiation (1) 22:5 discuss (4) 8:22;9:9,12;11:20 distress (1) 16:11 District (5) 9:3;10:23,24,25; 14:9 document (7) 10:20;11:18,22; 12:15,17,19,21 done (5) 5:18,22;8:5;16:16; 20:4 down (4) 6:15,18,19,21 during (2) 12:6,9 duty (1)

F
Facebook (2) 16:4,5 fact (2) 23:15,22 facts (1) 3:24 fair (1) 16:6 fall (3) 3:18,19;7:9 false (4) 15:20,24;16:8; 18:22 far (5) 3:20;5:21;7:10; 16:23;24:4 feel (1) 19:5 feeling (5) 15:22;19:5,12,22; 20:6 feelings (3) 19:17;20:1;21:6 file (1) 13:19 filed (6) 7:22,23,24,25; 14:8;23:17 (1) absolutely - filed

Mid-Michigan Reporting LLC (989)835-9171

Caffrey vs. Gladwin Community Schools, et al. files (1) 16:17 final (1) 24:6 find (2) 8:7;21:2 finish (1) 4:22 fire (1) 19:14 first (9) 4:6;8:15,16,17;9:1, 3,9,22;18:18 FOIA (1) 8:17 Form (4) 10:20;19:13;23:3; 24:19 formal (2) 13:14,15 former (1) 18:23 formulates (1) 13:14 found (1) 18:3 foundation (3) 10:20;23:4;24:20 free (5) 14:17,20,25;15:10, 12 frivolous (2) 20:11;22:12 front (2) 10:11;18:21 HANSEN (9) 3:2;12:2,9,13; 19:25;20:3;23:18,21; 25:12 happened (3) 6:10;12:5,9 hard (1) 21:2 head (2) 6:20;17:23 hear (1) 19:7 heard (1) 19:8 hearing (3) 7:15;18:20;24:9 hearsay (1) 16:3 hey (1) 17:8 high (1) 6:20 Hightower (1) 3:4 himself (1) 16:13 hold (1) 3:7 home (1) 5:4 How's (1) 4:1 hung (1) 7:5 16:22 insurance (5) 10:4,10,11;11:8; 14:18 intend (1) 16:5 intention (1) 19:15 intentional (1) 16:10 interpretation (1) 23:2 interrupt (1) 20:2 intimidate (1) 19:6 intimidated (4) 16:20;18:13,17; 19:5 into (5) 6:14;12:19;13:4, 15;19:1 invading (1) 11:23 investigation (5) 5:14,16,18,21;6:6 involve (1) 6:12 involved (5) 6:3,23;9:5;16:13; 22:15 19:11 law (3) 22:3,5,10 lawsuit (13) 7:25;8:2,7,15,16; 9:1,1,9,22,24;17:19; 21:10;23:16 lawsuits (3) 16:17;20:11,15 lawyer (1) 23:10 lawyers (1) 21:1 legal (5) 12:21;13:20,24; 14:3;21:25 legalese (2) 8:14;22:4 Legally (1) 23:9 liabilities (1) 10:10 liability (1) 23:11 libel (2) 15:13;25:10 Lisa (2) 13:3,4 long (4) 3:16;9:23;10:7; 20:10 longer (2) 3:15,16 look (2) 8:4;10:14 Loss (1) 11:5

SALLY HIGHTOWER May 29, 2013 meaning (1) 17:22 means (1) 10:24 meet (3) 4:7,8;8:1 meeting (23) 4:2,12,12;8:2,6; 9:13,15;11:13,15,17, 20;12:15;13:8,15,17; 17:2,4,6;18:20,25; 21:11;23:23;24:9 meetings (3) 9:17,18,18 member (9) 3:5;10:18,22,23; 11:7;17:14,16;20:9, 14 members (9) 4:2,6;8:23,24;9:11; 16:18,21;20:7;25:9 mental (1) 16:10 might (1) 18:19 Miller (2) 6:5,7 minute (1) 19:24 minutes (23) 8:4;13:3,7,8,10,12, 15,17;21:10,14,14, 16,20;22:6,8,16,21, 24;23:16,16,18,25; 24:14 mischaracterization (1) 3:24 misconduct (1) 19:20 missing (1) 23:14 misspelled (2) 24:10,13 misstatement (1) 23:3 more (2) 4:11;22:16 morning (2) 6:19,20 most (1) 23:15 motion (4) 7:22;13:5,6;19:2 Mrs (2) 4:9;13:14 must've (1) 21:5 myself (3) 4:8,11;6:22

J
January (1) 13:8 judge (6) 16:23;19:3;20:15, 16,17;23:10 judicial (2) 20:9,14

G
game (1) 7:4 general (2) 15:21;19:11 given (1) 22:8 gives (1) 10:8 Gladwin (1) 3:5 goes (2) 5:21;16:4 gossip (1) 16:4 gross (1) 3:23 guess (1) 12:24 illegal (1) 4:13 important (2) 21:5;23:15 indicate (5) 4:14,17;11:22; 13:3,17 indicated (4) 12:3,4,15;24:8 indicates (2) 11:7;13:23 individually (1) 14:13 individuals (1) 9:5 inferred (1) 12:11 infliction (1) 16:10 information (3) 4:4,5;5:12 instant (2) 18:4,8 instructed (3) 16:18,21;17:1 instruction (1)

M
makes (1) 22:5 management (1) 25:7 manner (1) 24:16 many (4) 15:22;16:3;18:14, 21 materials (1) 5:13 matter (8) 3:11;4:15;5:9,20; 8:1;20:10;23:22; 24:11 matters (1) 13:25 May (2) 8:1;10:9 maybe (2) 9:2;23:12 mean (2) 18:7;19:10

K
keep (4) 24:21,23,24,25 keeping (1) 25:3 kind (1) 8:18 knowledge (6) 5:21;6:25;14:17, 19;16:17;25:3 Kurt (3) 15:8;18:2;19:11

H
hacked (1) 6:14 half (1) 7:18 Min-U-Script

L
language (1) 13:23 last (3) 7:6,8;18:14 laugh (1)

N
name (3) (2) files - name

Mid-Michigan Reporting LLC (989)835-9171

Caffrey vs. Gladwin Community Schools, et al. 3:3;24:10,12 naturally (1) 9:24 necessary (1) 14:4 need (2) 7:2;11:25 needed (1) 12:17 next (1) 13:15 next-to-the-last (1) 11:2 night (1) 18:2 Nobody (1) 23:19 notes (2) 13:13,14 notification (1) 11:11 notify (1) 11:8 number (1) 5:3 numbered (1) 14:4 12:21 oral (1) 15:19 orally (1) 16:7 order (2) 7:23,24 original (1) 7:25 others (2) 14:5,6 out (5) 8:7;13:1,18;18:3; 19:12 outrageous (1) 16:14 over (12) 7:5;10:4;19:13; 20:10,13,18;21:17; 22:9,24;23:13,19; 24:16 own (1) 13:9 porn (2) 3:21;5:20 pornographic (1) 5:13 pornography (1) 6:11 possible (2) 7:16;16:19 posted (3) 9:19;22:13;24:4 preface (1) 24:19 prepared (1) 13:12 present (1) 6:22 President (3) 3:10;18:24;19:15 Prior (1) 7:8 privilege (1) 11:24 probably (2) 3:18;9:15 problem (1) 17:15 proceedings (1) 20:25 promise (1) 5:1 proposed (10) 21:13,16,21;22:6,8, 24;23:15,18;24:5,14 prosecutor (3) 6:2,3,5 protective (2) 7:23,24 Provision (1) 11:5 public (4) 4:12;8:2;17:16,17 pursue (1) 14:3 put (1) 18:10 refer (3) 13:7,10;14:6 regular (4) 8:6;9:13,15,17 reject (1) 13:16 related (1) 20:23 remember (4) 7:10;8:3;20:23; 21:9 reply (1) 6:16 represent (2) 13:19;14:15 requests (2) 8:17;21:20 resign (1) 19:14 resolution (1) 13:4 resolved (1) 13:18 responsive (1) 20:3 retain (1) 10:6 retaining (1) 10:8 revealed (1) 5:9 review (4) 11:19,19;12:18; 13:15 Rick (2) 4:25;20:10 right (19) 3:13;4:19;6:4;7:1, 9;8:19;10:2,18; 11:15;13:1,21;14:13; 15:2,11;19:18;21:11, 21;22:21;23:23 rude (1) 18:22

SALLY HIGHTOWER May 29, 2013 13:5;19:2 seconding (1) 13:6 secretary (1) 13:13 Seebeck (13) 4:25;6:22;10:12; 11:19;16:19;17:5; 18:11;19:12,14;20:7, 10,12;21:8 Seebeck's (2) 5:13;6:21 SEG (7) 10:6,8,12;15:3,4,5, 8 SEG's (1) 15:9 send (1) 19:2 serve (1) 17:17 served (3) 8:11,25;9:2 session (9) 11:21;12:6,10,19; 13:1,4,18;18:25;19:1 SET (8) 10:6,8,12;15:3,4,5, 8,9 shakes (1) 17:23 shape (1) 19:13 Shearer (1) 13:14 shocked (1) 17:10 shut (4) 6:15,18,19,21 sit (1) 16:6 sites (2) 3:21;5:20 situation (1) 21:19 slander (2) 15:14;25:10 somebody (1) 21:5 somebody's (2) 24:10,12 someplace (1) 9:13 Somewhat (1) 11:15 sorry (1) 16:22 speaking (1) 24:12 speaks (1) 10:21 special (3) 9:18;11:13;13:17 (3) naturally - special

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page (2) 11:2,4 Paragraph (3) 10:14,18;11:1 particular (2) 15:21;21:19 parties (3) 15:20,24;16:1 passes (1) 13:13 paying (3) 14:15,18;15:9 pending (2) 17:20;18:19 people (3) 15:22;16:3;18:22 perpetuate (1) 24:1 pertaining (1) 4:3 Phil (4) 4:24;6:14;7:2,4 phone (7) 5:5,19;6:9;8:17; 24:21,23;25:3 place (1) 9:16 play (1) 7:4 pleadings (1) 23:1 please (4) 3:3;11:2;20:5;24:3 pm (1) 25:13 police (5) 5:23;6:1,3,6,23

O
object (3) 3:23;11:23;24:18 objection (1) 12:25 objectionable (1) 23:3 occur (1) 16:24 occurred (1) 7:8 offhand (1) 13:10 office (4) 3:7,9;6:6,21 often (1) 22:16 once (1) 18:3 one (17) 4:23;7:13;8:15,17, 20;9:2,3;19:1;20:15, 24;21:20,21,21; 23:20;24:1;25:2,4 ones (1) 15:21 ongoing (1) 6:6 only (5) 6:1;7:19;9:3; 18:11;19:17 open (2) 4:12;19:1 opinion (1) Min-U-Script

S R
read (4) 8:13;10:16;11:1; 13:24 reason (5) 11:17;18:11;22:8, 15;23:8 recall (6) 3:17;7:11;8:5,8; 9:20;17:6 received (3) 8:11,20;24:14 recollection (2) 13:5,9 records (3) 8:18;24:21,23 Sally (1) 3:4 same (3) 9:7;23:20;24:1 saying (1) 23:12 School (9) 3:5;6:21;9:3;10:23, 24,24;14:9;24:23,25 schools (1) 25:7 Schwager (1) 13:4 second (4) 8:15;9:1,2;21:10 seconded (2)

Mid-Michigan Reporting LLC (989)835-9171

Caffrey vs. Gladwin Community Schools, et al. specific (4) 13:5,9;14:24;16:7 specifically (3) 8:9;13:24;17:17 spoke (1) 18:21 state (2) 3:3;6:6 statement (1) 24:19 statements (8) 15:16,18,19,23; 16:1,7;18:23;25:8 stipulation (1) 4:23 stopped (1) 18:23 stricken (1) 3:25 subject (4) 4:14;5:9,20;12:25 sued (1) 16:10 suing (2) 15:13;17:3 suit (1) 15:3 superintendent (2) 10:9;11:10 superintendent's (1) 3:22 support (1) 7:20 supposed (5) 11:7;17:9;18:12; 21:16;25:6 sure (3) 3:12;9:24;10:1 timely (1) 24:16 told (18) 4:4;6:2,7,10;14:19; 15:2,10,12,22;17:1,2, 4,12;18:12;20:20,22; 21:3;22:7 towards (3) 16:14,16;20:6 tried (2) 7:2,20 trouble (1) 18:6 True (1) 22:18 turn (2) 10:4;22:24 turned (4) 21:17;23:12,19; 24:16 turning (1) 22:9 twice (1) 19:10 Twitter (3) 3:22;6:12;16:19 two (7) 3:12;7:18;13:20; 18:14,16;19:10,17 wanton (2) 19:20;20:4 wants (1) 19:14 way (3) 18:7;19:13;25:4 ways (1) 15:6 Website (3) 6:11;22:14;24:4 Wednesday (1) 6:19 weeks (1) 3:12 weren't (3) 21:24;24:5,15 what's (1) 4:24 who's (2) 14:15;20:14 willful (2) 19:20;20:4 Winarski (1) 4:9 within (2) 21:17;22:25 without (1) 21:21 Withrow (1) 4:9 WITNESS (3) 12:1;17:23;20:2 work (2) 15:5,8 working (2) 21:17;22:25 workshop (1) 9:15 workshops (1) 9:18 written (6) 11:18;12:21;15:16, 18;16:7;23:2 wrong (1) 22:1 11:13

SALLY HIGHTOWER May 29, 2013

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30 (1) 22:16 3a (4) 11:1,3,4,5

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4:05 (1) 25:13

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Um-hum (2) 10:19;14:1 under (2) 11:1,5 untrue (2) 15:17;24:18 unusual (1) 11:15 up (4) 7:5,16;9:25;18:21 upset (1) 18:11

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talk (4) 5:24,25;8:24;17:9 talked (2) 7:6;19:10 talking (2) 9:7;21:1 technician (2) 6:20,22 telling (1) 19:5 tells (1) 20:9 tenure (2) 7:16;19:2 testimony (1) 15:6 third (3) 15:19,23;16:1 though (1) 23:12 three (3) 3:12;7:17;21:19 Min-U-Script

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vote (2) 10:4;19:1 voted (1) 11:10

Y
years (3) 7:17;18:15;19:10

1 W
10:31 (1) 6:19 Wait (1) 19:24 WALLACE (24) 2 3:23;4:20;10:20; 11:19,23;12:5,11,14, 2 (1) 17,22,24;13:19; 10:12 14:15,17;15:10; 2012 (2) 19:24;20:2,5;23:1,6, 3:19;8:1 14,20,24;24:18 24th (1) Mid-Michigan Reporting LLC (989)835-9171 (4) specific - 4:05