Professional Documents
Culture Documents
Page 1
IN THE CIRCUIT COURT OF THE STATE OF OREGON
WADE NKRUMAH, )
Plaintiff, )
CITY OF PORTLAND, )
Defendant. )
______________________________)
* * *
* * *
Page 2 Page 4
1 APPEARANCES 1 PROCEEDINGS
2 2
3 LAW OFFICES OF MICHAEL G. HANLON 3 Wade Nkrumah,
4 By Mr. Michael G. Hanlon, Esq. 4 having been previously sworn, testified
5 101 S.W. Main Street, Suite 825 5 under oath as follows:
6 Portland, Oregon 97204 6
7 Appearing for Plaintiff Mr. Nkrumah 7 EXAMINATION
8 8
9 CITY ATTORNEY'S OFFICE 9 BY MS. REEVE:
10 By Ms. Tracy Pool Reeve, Deputy City Attorney 10 Q. Mr. Nkrumah, we just met off the record. My name
11 1221 SW 4th Avenue, Suiote 430 11 is Tracy Reeve, and I'm the attorney that is
12 Portland, Oregon 97204 12 representing the City of Portland in the lawsuit that
13 Appearing for Defendant City of Portland 13 you brought. And I'm going to be asking you some
14 14 questions today.
15 15 Could you please state your name and spell your
16 16 last name for us today?
17 17 A. Yeah. Wade Nkrumah, N-K-R-U-M-A-H.
18 18 Q. Thank you. And what is your date of birth?
19 19 A. December 28, 1960.
20 20 Q. And have you ever had your deposition taken
21 21 before?
22 22 A. No.
23 23 Q. All right. Well, I'm just going to go over a few
24 24 ground rules so that we are both on the same page.
25 25 As you can see, our court reporter is taking down
Page 3 Page 5
1 EXAMINATION INDEX 1 my questions, and she will be taking down your answers,
2 Page
3 Examination by Ms. Reeve 4
2 as well, and in order for her to be able to do that she
4 3 needs us to ask everything verbally and not do nods and
5 * * * 4 shakes of the head and that sort of thing because she
6 EXHIBIT INDEX
7 5 can't write it down. So, will you try and do that for
8 Exhibit 1 Second Amended Complaint 58 6 me today?
9 Exhibit 2 Letter, 1-26-09,
W. Nkrumah to T. Miller 138
7 A. Sure.
10 8 MR. HANLON: It's best for you to say
Exhibit 3 Letter, 2-17-09, 9 uh-huh.
11 W. Nkrumah to S. Adams 140
12 Exhibit 4 NKRUMAH_900096 - 10 MS. REEVE:
Nkrumah_900097 173 11 Q. It's not my intent to ask you questions that you
13
Exhibit 5 Paycheck No. 463383 174
12 don't understand today; although, I have to admit that
14 13 it's been known to happen. So, if I do ask you a
Exhibit 6 Paycheck No. 463600 174
15
14 question that you don't understand or that's not clear
Exhibit 7 Letter, 4-27-09, 15 to you, I'd ask you to let me know that and I'll
16 M. Hanlon to L. Kraut 176 16 rephrase the question.
17 Exhibit 8 The John S. Knight Fellowships
Application 186
17 Will you do that for me today?
18 18 A. Sure.
Exhibit 9 5-24-10 Email, 19 Q. Okay. And given that understanding, can I assume
19 JeNessa Housley to Tracy Reeve,
with attachments NKRUMAH 20001 - 20 that if you answer the question you understood it?
20 NKRUMAH 20007 190 21 A. Yes, you can.
21
* * *
22 Q. All right. Thank you.
22 23 And you understand that you were just sworn in,
23
24
24 and that's the same oath you would take in court, and
25 25 you're testifying under oath, and that, you know,
2 (Pages 2 to 5)
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1 carries with it the possibility of the penalties of 1 A. Because, I found that Oregon State was nice, but
2 perjury? 2 it was not, for one thing, the weather up here was
3 A. Yes, I do. 3 dreary, and also Oregon State did not have the diversity
4 Q. Okay. And if your answers today were to be 4 that I was looking for or that I wanted out of my
5 different, say, than your answers at trial, I would be 5 college experience. I say diversity in terms of it did
6 entitled to comment on that. So it's important for you 6 not have the students of color. It did not have a
7 to give your best testimony today. Do you understand 7 critical mass of students of color.
8 that? 8 Q. I can certainly understand. Malibu, Corvallis,
9 A. Yes, I do. 9 Malibu, Corvallis.
10 Q. Are you under the influence of any drugs or 10 And did Pepperdine have more of that critical
11 alcohol that would impede you from being able to give 11 mass of students of color?
12 your best testimony today? 12 A. Yeah. Pepperdine at the time I went there had
13 A. No, I'm not. 13 2200 students, 232 of them were black students.
14 Q. Is there any other reason, you know, lack of 14 Q. Okay.
15 sleep or anything like that that you would not be able 15 A. I mean, that was very important for me, but there
16 to give your best testimony today? 16 were also many more students of color at Pepperdine,
17 A. No, there isn't. 17 too, so it wasn't just black students.
18 Q. All right. Could you briefly describe for us 18 Q. Okay. And then after you graduated -- well, let
19 your educational background, starting with high school? 19 me just back up.
20 A. Yeah. Do you like want to know where I went to 20 So, did you grow up in Houston?
21 high school? 21 A. I went to high school in Houston.
22 Q. Yes. 22 Q. Okay. Where did you grow up?
23 A. I went to high school in Houston, Texas, and I 23 A. In the midwest and the west coast and the south
24 went to college in Southern California. 24 and the southwest.
25 Q. Where did you go to college? 25 Q. It sounds like you moved a lot?
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1 A. I went to Pepperdine university. I also went to 1 A. We did.
2 Oregon State. 2 Q. Was that for parents' work or?
3 Q. And you have a degree from Pepperdine; is that 3 A. Yeah, it was for my parents' work.
4 correct? 4 Q. Okay. And did you go to Houston, the same high
5 A. I do. 5 school, for all four years?
6 Q. And what is your degree? 6 A. I did, unfortunately.
7 A. It's a Bachelor's of Science, Political Science. 7 Q. What school was that?
8 Q. And when did you attend Oregon State University? 8 A. It's Mirabeau B. Lamar.
9 A. 1981. 9 Q. And then so did you go to college, was it a
10 Q. Was that before or after Pepperdine? 10 four-year endeavor or longer? Were there any breaks?
11 A. I started at Pepperdine, went to Oregon State, 11 A. It was four and a half years.
12 and finished at Pepperdine. 12 Q. When did you graduate?
13 Q. Okay. Why did you do the year? Was it a year at 13 A. In December 1983.
14 Oregon State? 14 Q. '83?
15 A. It was a year at Oregon State. 15 A. Yes.
16 Q. Why did you do a year at Oregon State? 16 Q. Okay. Then why don't you give me your
17 A. I went there because I wanted to experience being 17 educational or, excuse me, employment background after
18 at a bigger college. I thought that Pepperdine was 18 college?
19 feeling a little small. 19 A. I worked part time briefly for a college
20 Q. And then at the time that you went to Oregon 20 consultant in Houston.
21 State were you planning to go back to Pepperdine? 21 Q. And that by college consultant is that somebody
22 A. No, I was not planning to go back to Pepperdine 22 who is counseling students who are looking at colleges?
23 when I went to Oregon State. 23 A. Yes. Yeah. It was mostly financial aid related.
24 Q. And how come you ended up deciding to go back to 24 Q. Okay. And then how long did you do that?
25 Pepperdine? 25 A. I did that I believe for about three months.
3 (Pages 6 to 9)
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1 Q. Okay. 1 intern position?
2 A. Three or four months, something like that. 2 A. Yes. Yes. And then I was hired starting in
3 Q. And then what did you do? 3 September of '85 as a full-time staffer reporter.
4 A. And I moved to Portland, without a job, and I 4 Q. And were you assigned to any particular beat?
5 briefly worked at a nursery school. That was maybe a 5 A. No. I was general assignment for a month, and
6 month or two. It's hard to remember. It was -- yeah, 6 then I was -- I went to -- I covered -- we had -- the
7 about a month or two in Spring 1985. 7 Oregonian has suburban bureaus, and I was covering
8 Q. And why did you move to Portland? 8 suburban news in Gresham at our East Metro Bureau. I
9 A. I moved to Portland because I wanted to live 9 did that for about two years.
10 here. I wanted to live in the great Pacific Northwest, 10 Q. Okay.
11 and I wanted to come to a place where I had not lived 11 A. Then I covered city, small city governments at
12 for an extended period of time. Yes, I went to Oregon 12 our South Metro Bureau for about roughly two years in
13 State for a year, but I didn't really count that as 13 Oregon City.
14 living in the state. I was going to college. It was -- 14 Q. Okay.
15 so, yeah, so that's why I came to Portland. 15 A. Then I covered high school sports for four and a
16 Q. Okay. 16 half years from the main office downtown. Then I went
17 MR. HANLON: He forgave the weather, 17 back to news and covered neighborhood news, issues of
18 obviously. We don't want to go there. 18 homelessness, affordable housing and bicycling.
19 MS. REEVE: Yes. Off the record. 19 Q. So, in that position, so that was just called
20 * * * 20 being a news reporter or was there a name for that, what
21 (Whereupon, after a recess, the proceedings continued, 21 you're describing now?
22 as follows:) 22 A. That one?
23 * * * 23 Q. The one we are talking about right now.
24 MS. REEVE: Back on the record. 24 A. I worked on, we had different reporting teams,
25 BY MS. REEVE: 25 and I worked on our Portland team, but I, you know, it
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1 Q. Okay. So, then you've talked about, and I know 1 didn't have a specific name. I gave it a name, but it
2 you at some point and I believe it was in 1985, looking 2 didn't have a specific name.
3 at your resume, that you began working at the Oregonian. 3 Q. Okay. So, would the position actually be called
4 Did you have any other jobs between college and the 4 like staff reporter? What would the position actually
5 Oregonian besides the nursery school job and the college 5 be called?
6 consultant job we've talked about? 6 A. My position on staff?
7 A. I did not. 7 Q. Right.
8 Q. Then when did you begin working at the Oregonian? 8 A. Or my position as -- well, okay.
9 A. July 8, 1985. 9 MR. HANLON: What was your title? What was
10 Q. And had you been interested in journalism 10 your title?
11 previously? 11 THE WITNESS: Housing, affordable housing,
12 A. Yeah. I was on the high school newspaper, and I 12 homelessness, bicycling issues. That's how it would
13 wrote for the college newspaper, and I took many, many 13 read if they were to run a list of reporters' names and
14 journalism classes at Pepperdine, yeah. 14 what we covered.
15 Q. Okay. Could you just kind of briefly walk us 15 BY MS. REEVE:
16 through your different positions at the Oregonian and, 16 Q. Okay. And then did you have a title, a job
17 you know, what was entailed with each, because I believe 17 title?
18 when I saw one of your resumes there were several 18 A. Reporter.
19 different assignments or I don't know what the collect 19 Q. Okay. So, sort of like you had a title, you were
20 terminology would be? Maybe you can help me out and 20 a reporter, and then these were sort of the areas of
21 just kind of describe your career path at the Oregonian? 21 emphasis that you covered?
22 A. Okay. I started as an intern covering general 22 A. Exactly, yes.
23 news and sports. And after I was hired I was -- 23 Q. And I can do this, too, but one of the things I
24 Q. So, let me just, I'm sorry to interrupt you, but 24 forgot to say is it's really important that I finish my
25 would that have been in July '85 when you started the 25 question before you start to answer and that you finish
4 (Pages 10 to 13)
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1 your answer before I start to ask the next question 1 A. Yeah. I had been in the neighborhood news bureau
2 because it gets really hard for her if we're both 2 in Northeast Portland, and then I came downtown, and
3 talking at the same time. 3 after that and I covered a mix of neighborhood news and
4 A. That's right. I'm sorry. 4 parks, Portland parks.
5 Q. Okay. And so how long were you doing that, the 5 Q. Okay. And then how long were you doing that?
6 housing, homelessness, neighborhood issues? 6 A. And then that was through into 2006.
7 A. The housing, homelessness, roughly two, two and a 7 Q. So, let me just back up for a second. When you
8 half years. 8 were doing the high school sports you were in the main
9 Q. Okay. And then did either your position or your 9 office?
10 assignment areas change? 10 A. Yes.
11 A. It changed, yeah. I went to strictly covering 11 Q. And then when you were doing neighborhood news,
12 neighborhoods. And we had different neighborhood 12 issues of homelessness, affordable housing, and the
13 reporters on the Portland team, and I covered mostly 13 Portland reporting team from '94 to '97, were you
14 southeast Portland. 14 downtown?
15 Q. Okay. 15 A. Yes, I was.
16 A. Starting probably in '97, mid-'97. 16 Q. Okay. And then when you were doing Southeast
17 Q. Okay. So, then you were kind of back? Would 17 Portland and Northeast Portland you were in neighborhood
18 that be like so you were still doing neighborhood news 18 -- what you would call Neighborhood Bureaus?
19 but you had a particular neighborhood? 19 A. Yes.
20 A. Right. 20 Q. Then in 2000 you moved back into the downtown
21 Q. And you were no longer kind of had the emphasis 21 location?
22 areas of homelessness and affordable housing? 22 A. It was probably around I think it was 2002.
23 A. No. No. 23 Q. Yes. Excuse me. I misspoke. That's what you
24 Q. So, it was roughly maybe '94 to '97 that you were 24 had said.
25 doing the ones we had been speaking about? 25 Okay. And then so in 2006 you began covering a
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1 A. Exactly. 1 mix of neighborhood news and parks, and that was still
2 Q. Okay. And then how long were you doing the 2 from the downtown office?
3 Southeast Portland neighborhood news? 3 A. It was into 2006 that I was covering that.
4 A. Three years. 4 Q. Oh, okay.
5 Q. So, roughly to 2000? 5 A. And then in the Fall of 2006 I started
6 A. Let's see. It would go, let's see, did I say 6 covering -- well, I ended my career covering general
7 mid-'97? So, that would -- probably into 2002, 7 assignment and also breaking news.
8 actually. 8 Q. And what is general assignment?
9 Q. Okay. So, more like five years or four and a 9 A. General assignment means that I get what is
10 half years? 10 thrown at me. I don't have a specific coverage area.
11 A. Yes. 11 Q. Okay. And then when did you leave the Oregonian?
12 Q. Okay. Then after that what was next? 12 Was that downtown, that last?
13 A. After that I covered Northeast Portland for 13 A. Yes, it was.
14 awhile. 14 Q. Okay. And then when did you leave the Oregonian?
15 Q. Again, kind of the neighborhood news assignment 15 A. Late October 2008.
16 but a different neighborhood? 16 Q. Right. And what were the circumstances that led
17 A. Yes. Yes. From roughly late '98 through I think 17 to you leaving the Oregonian at that point?
18 it was 2002. 18 A. I took a buyout.
19 Q. So were you doing both, southeast and northeast 19 Q. And what were the terms of the buyout?
20 then? 20 A. The buyout was two years pay and medical.
21 A. Yes. 21 Q. For the two years?
22 Q. Okay. Anything else in that pre-2002 that you 22 A. Yes.
23 were covering regularly besides northeast and southeast? 23 Q. Okay. And was that something that was optional
24 A. No. 24 on your part? I mean, that was a decision that you
25 Q. All right. Then did that change in 2002? 25 made? You weren't asked to take it or anything like
5 (Pages 14 to 17)
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1 that or how did that come about? 1 remember what, how that all fell into place. I think
2 A. It was a decision I made. 2 that I contacted --
3 Q. Okay. And is it correct that at that point in 3 MR. HANLON: Don't speculate.
4 time the Oregonian had generally offered a two-year 4 THE WITNESS: I --
5 buyout to many of its employees? 5 BY MS. REEVE:
6 A. Yes. 6 Q. That's okay. I'll ask you some more questions.
7 Q. All right. Then at what point did you begin 7 What did Mr. Austin tell you the position was? What did
8 having any contact with anyone about the possibility of 8 you know about the position based on your conversations
9 coming to work for Sam Adams at the City? 9 with Mr. Austin?
10 A. That was in I believe it was late September 2008. 10 A. He told me it would be as a spokesman for Mayor
11 Q. And at that point had you already made the 11 Sam Adams.
12 decision that you would be leaving the Oregonian? 12 Q. And I'm not trying to belabor the point because
13 A. Yes. 13 you have described your work history for us, but it's
14 Q. And tell me the first way that you had any 14 accurate, isn't it, that you hadn't done that kind of
15 contact with anyone or knowledge of the possible 15 work in the past?
16 position at the City? 16 A. I had never been a spokesman.
17 A. A friend told me about the position as 17 Q. Okay. And did you ask any questions about any
18 Communications Director. 18 details other than him telling you it would be as a
19 Q. And who was the friend? 19 spokesman for Mayor Sam Adams? Did you know anything
20 A. David Austin, spelled like the City. 20 else about the position?
21 Q. And who is Mr. Austin? 21 A. Did I know anything from what he told me?
22 A. A friend. 22 Q. Right. I mean, you have said that he told you
23 Q. Okay. Do you know how he knew about the 23 the position would be as a spokesman for Mayor Sam
24 position? 24 Adams. Did you and he have any discussions about what
25 A. I don't know how he knew about the position. 25 being the spokesman for Sam Adams would entail in terms
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1 MR. HANLON: Hold on just a second. Let me 1 of job responsibilities?
2 see if I can get them to quiet down. 2 A. No.
3 * * * 3 Q. All right. Did you have an understanding in your
4 (Whereupon, after a recess, the proceedings continued, 4 own mind at that time what being a spokesman for a
5 as follows:) 5 public official would entail?
6 * * * 6 A. Yes.
7 BY MS. REEVE: 7 Q. All right. What was your understanding?
8 Q. Okay. So, I think you were -- 8 A. My understanding was that I would handle media
9 A. I was saying I did not know how he found out 9 inquiries, possibly some speech writing duties, possibly
10 about it, and yeah. 10 some internal communications.
11 Q. So did Mr. Austin call you up and say, Wade, I 11 Q. Okay. And what was that understanding based on?
12 heard about a position that might be good for you? I 12 A. That understanding was based on my work and
13 mean, how did that come about that you had this contact 13 experience as a reporter and my experience covering
14 where Mr. Austin told you about this position? 14 small city governments and dealing directly with elected
15 A. Yes, he called me and told me about it. 15 city officials. Also, just in covering neighborhood
16 Q. And do you know how he heard about it? Did he 16 news, I often had to go to City Hall. I occasionally
17 tell you how he heard about the position? 17 had to interview Portland Mayors and also communicate
18 A. He did not tell me how he heard about it. 18 with their spokespeople.
19 Q. Okay. 19 Q. So, which Portland Mayors had you interviewed?
20 A. I asked him how he heard about it, and he said 20 A. Bud Clark, Vera Katz. I think that's it.
21 that doesn't matter how I heard about it. It's 21 Q. Okay. And which Mayors spokespersons or
22 available. It's a great opportunity, if you want it. 22 communications directors had you interacted with?
23 Q. Okay. So then what was the next thing that 23 A. Which? Oh, Vera Katz.
24 happened with regard to you and the position? 24 Q. And do you remember who that person was?
25 A. I don't exactly remember. I don't. I don't 25 A. Sam Adams. I mean, I'm sorry. No, he was not.
6 (Pages 18 to 21)
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1 I think the spokesperson -- I believe -- I think, well, 1 titled spokesperson or press secretary or communications
2 I can't remember. Oh, I do remember. Elisa Dozono. 2 director?
3 D-O-Z-O-N-O I believe is the last name, and I think the 3 A. Yes.
4 first name is E-L-I-S-A. 4 Q. And I'm distinguishing from that somebody who may
5 Q. Thank you. And did you ever talk with Ms. Dozono 5 have a variety of responsibilities and one of them may
6 about her job or her job responsibilities? 6 be occasionally to communicate with the press, but
7 A. No. 7 that's not their job. Do you understand that
8 Q. Now, when you covered smaller cities did they 8 distinction?
9 have communications directors or press secretaries or 9 A. I do understand that distinction.
10 spokespeople who that was their designated jobs? 10 Q. Okay. So, when I'm saying spokesperson, I want
11 A. No, not that I remember. 11 it to refer to somebody that that's their job and not
12 Q. So in those instances you would be dealing, I 12 somebody who might occasionally speak to the press. Are
13 think you said you would be dealing directly with 13 we on the same page on that?
14 elected city officials; is that correct? 14 A. Yes.
15 A. I would deal directly with elected city 15 Q. All right. Thank you.
16 officials, city managers. 16 So, when you spoke to U.S. Senators or Congress
17 Q. So, in the course of your journalism career, your 17 people or the Governor you would, at least on some
18 career at the Oregonian, besides Ms. Dozono had you had 18 occasions, speak with the spokesperson; correct?
19 any experience interacting with someone who was a press 19 A. Yes.
20 secretary or a communications director? 20 Q. And on those occasions did you discuss with them
21 A. Yes. 21 what their job responsibilities were?
22 Q. Okay. And what was that? You have already 22 A. No, I did not.
23 mentioned Ms. Dozono. So what else? 23 Q. Okay. So, just to back up, I think you said at
24 A. Well, you know, sometimes I would have to talk to 24 the time that you sort of initially learned that this
25 -- I would have to contact the Governor's Office. I may 25 position was out there and that Mr. Austin said this
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1 have. I have spoken -- I have contacted U.S. Senators, 1 might be a really good position for you, you had just an
2 U.S. Congressional Representatives. 2 understanding yourself that basically the position
3 Q. All right. And on those occasions when you were 3 probably would handle media inquiries, possibly some
4 speaking with someone from the Governor's Office or a 4 speech writing duties, some internal communications; is
5 Senator's Office or a Congressperson's Office, that 5 that correct?
6 would on occasion be the official spokesperson? I mean, 6 A. Yes.
7 I'm just going to kind of do it shorthand. If I say 7 Q. All right. And then at some point did you gain a
8 spokesperson, can we agree that that encompasses 8 fuller understanding of what the position was, this
9 somebody whose titled is communications director or 9 specific position?
10 press secretary? Is that fair? In your mind, are those 10 A. Yes.
11 essentially the same types of position? 11 Q. All right. So, after your communication with Mr.
12 A. Yes. 12 Austin about this position, I think you said you weren't
13 Q. All right. Let me start over. 13 positive, but you don't recall exactly what happened
14 Is it fair to -- I'm kind of making an assumption 14 next, but you thought you might -- let me start over.
15 in my questions that the position that sometimes is 15 Do you recall if you contacted Sam Adams' staff
16 called press secretary or that sometimes is called 16 or if Sam Adams' staff contacted you about the position?
17 communications director is essentially the same 17 A. I believe I contacted Sam Adams' staff.
18 position. Is that a fair understanding? 18 Q. Do you know who you contacted?
19 A. Yes. 19 A. I believe it was Tom Miller.
20 Q. All right. And is that also sometimes referred 20 Q. All right. And now for the initial contact that
21 to as the spokesperson? 21 you made with Mr. Miller, do you recall was that an
22 A. Yes. 22 e-mail, a phone call? Do you recall what form that
23 Q. All right. So, if I use the shorthand term 23 contact took?
24 spokesperson, can we both understand that I'm talking 24 A. I believe it was a phone call.
25 about somebody who that's their job, whether they are 25 Q. Okay.
7 (Pages 22 to 25)
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1 A. And I say I believe that it was Miller and I 1 there?
2 believe it was a phone call because I am not exactly 2 A. I believe we scheduled a time for me to meet with
3 certain. That was awhile ago. Things were moving. I 3 him.
4 was -- all I know is that I needed to contact the 4 Q. Okay. And then did you in fact meet with him?
5 office. Miller may not have been the first person I 5 A. I did meet with him, yes.
6 spoke to directly. I may have spoken to someone else 6 Q. Do you have a recollection of about when that
7 first who maybe said, well, Tom Miller is not in the 7 meeting occurred?
8 office right now but I can get you in touch with him or 8 A. I know that it was -- well, I don't know. I
9 leave a message. 9 believe it was in October.
10 Q. All right. So, is it fair to say that while you 10 Q. Do you have a best estimate of whether it was
11 don't specifically recall who the absolute first person 11 early October or late October?
12 on Sam Adams' staff was that you spoke with that your 12 A. I believe it was early October.
13 first kind of substantive conversation about the job was 13 Q. Do you keep a calendar that would reflect many of
14 with Tom Miller? 14 these dates, whether it's a written calendar or a PDA or
15 A. Yes. 15 something like that?
16 Q. Okay. And do you recall if that first sort of 16 A. No.
17 substantive conversation about the job was a phone call? 17 Q. Do you recall if there was any written
18 A. Yes. 18 communication, either e-mail or U.S. mail, in this
19 Q. Okay. And was it a phone call? 19 timeframe about the position?
20 A. Yes, it was a phone call. 20 A. No. There was -- I don't remember there being
21 Q. Okay. All right. And as much as you can recall, 21 any written communication at this time about the
22 with as much specificity as you can recall, what did you 22 position.
23 say to Mr. Miller and what did Mr. Miller say to you in 23 Q. What was your last date? Do you recall what the
24 the course of that phone call? 24 last date of your employment at the Oregonian was?
25 A. I believe I told him I had heard that I have 25 A. I believe it was October 24, 2008.
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1 learned that there's a position open for -- that I 1 Q. And were you still actively working at this
2 believe I said I hear you are looking for or Sam is 2 point, in those first three and a half weeks of October,
3 looking for a Communications Director. I'm interested 3 were you actually performing responsibilities still at
4 in that position. Yeah. That's the best I can do. 4 the Oregonian?
5 Q. And what did -- did you ask Mr. Miller at that 5 A. Yes.
6 time what the position entailed, what the specific 6 Q. Okay. So, tell me as much as you can recall
7 responsibilities of the position were? 7 about this meeting in early October, you estimate, with
8 A. In that first contact? 8 Mr. Miller?
9 Q. Yes. 9 A. I remember being -- it was a really good meeting.
10 A. I don't believe I did. 10 I felt really good about his reception. And it was, I
11 Q. Okay. And what did he say to you, as much as you 11 felt, it was kind of just meet and, you know, meet this
12 can recall? 12 person, kind of get to know this person a little, what
13 A. I believe -- well, I don't remember what he said, 13 he is about. I felt it was a, for lack of a better
14 but he expressed interest that I was interested in it, 14 phrase, feeling-out kind of meeting for both of us. But
15 and yeah. 15 I left the meeting feeling good about the meeting and
16 Q. Okay. So then what was the next thing that 16 feeling good about the impression that I had left.
17 happened with regard to the position? 17 Yeah.
18 A. I don't remember. 18 Q. Did you ask him at that time anything about what
19 Q. Why don't you, with as much specificity as you 19 the responsibilities of the position were specifically
20 can, tell me what happened? You know, now you have said 20 and what they were looking for specifically?
21 you had this initial conversation with Tom Miller. You 21 A. I don't remember asking, but I believe Tom told
22 have said I hear you're looking for a Press Secretary. 22 me briefly about the position, what they were looking
23 I assume you conveyed some sort of interest in the 23 for.
24 position. Mr. Miller conveyed some interest in 24 Q. And what do you recall him telling you?
25 considering you for the position. How did it go from 25 A. I don't recall exactly what he told me, but I
8 (Pages 26 to 29)
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1 remember leaving thinking, well, there were no surprises 1 what was really going on?
2 from what I would expect of that position. 2 A. Yes.
3 Q. So, you had been a reporter for, gosh, 23-plus 3 Q. Okay. So, I think we have gotten as far, before
4 years; right? 4 I digressed, as your initial meeting with Mr. Miller at
5 A. That's right. 5 which it sounds like you felt like the meeting went
6 Q. Okay. And what do you, sort of, I guess in a 6 well. Is it fair to say that you left that meeting
7 larger sense, see the role of a press in our free 7 still interested in the position?
8 society being? 8 A. Yes.
9 A. The press reports the news accurately, 9 Q. Okay. So, what was the next thing that happened
10 objectively, aggressively. 10 in terms of the hiring or the selection process that you
11 Q. So, do you see the role of a free press as being 11 were aware of?
12 kind of a truth-seeking role? 12 A. Yeah. Believe me, I was aware of all of it. I
13 A. I have never used that word, truth-seeking. I 13 just don't -- I just do not -- the details of how that
14 think when you say accurately, fairly, objectively that 14 all progressed at this point pretty much is fuzzy simply
15 says it. I have never used truth-seeking. 15 because, you know, we moved through that, and I ended up
16 Q. So, what is the press, I mean, in kind of its 16 getting the job, and so the details of how, the small
17 larger sense, what does it add to a free society? 17 details of how it got there are behind me.
18 A. Well, I would say that it provides the -- just 18 Q. Did you have any meetings with Sam Adams prior to
19 the -- it's an outlet for news to be disseminated. You 19 the time that you were hired?
20 know, yeah. 20 A. I did have a couple of meetings with Sam.
21 Q. And you don't see it having any larger societal 21 Q. Were you acquainted with Sam prior to that?
22 function? 22 A. I was acquainted with Sam.
23 A. Well, you know, the press, the press brings, the 23 Q. And what had been your prior history with him?
24 press reports news of the day, chronicles the course of 24 A. It was through work. It was with me as a
25 life and lives, and the press does that from an 25 reporter and Sam as Chief of Staff for Mayor Vera Katz.
Page 31 Page 33
1 objective voice and outlook. So, what you have is this 1 Q. And based on that, what kind of impression did
2 entity, organization, whatever you want to call it, that 2 you have of Sam Adams?
3 gives society this view or perspective or facts about 3 A. I had a favorable, a growing favorable impression
4 what's going on, and it is not filtered through the lens 4 of Sam. When Sam was Chief of Staff for Vera, he did
5 of an organization or an entity with a specific agenda. 5 not come off as being fuzzy and warm. You know, you
6 Q. Okay. 6 pretty much felt like, okay, this is business. Let's
7 A. That's why it's called the free press. 7 get it done, and let's move on.
8 Q. So, did you understand that your role as a or the 8 You know. I saw -- so you wanted to know my
9 role of a Communications Director for the Mayor would be 9 impressions of him as Chief of Staff?
10 different than that? 10 Q. Just any time up until the time you took the job.
11 A. I totally understood that. 11 So, yeah, as Chief of Staff and then if that changed
12 Q. And what did you understand would be the 12 over time?
13 differences in the role of a Communications Director for 13 A. It did change, and it changed when I saw Sam on
14 an elected politician? 14 the campaign trail. He was a -- he was a different Sam,
15 A. Well, you know, my job was to represent, speak 15 as far as I had seen him. Granted, my interaction with
16 for and express the views and agenda of that politician. 16 Sam prior to that had been very brief. I mean, we did
17 Q. Okay. And when you were a reporter did you 17 not have much interaction because I was not covering
18 assume that when you were speaking to a spokesperson for 18 City Hall so generally I did not have to talk to the
19 the Governor or for a Congressman or for a Senator that 19 Mayor very often. But I did see him a couple of times
20 that's what they were doing, they were representing and 20 on the campaign trail, and he was outgoing, friendly.
21 speaking for and expressing the views and agenda of that 21 He was actually funny, you know, yeah. It was like,
22 politician? 22 wow, this is what you get when he is not in the Mayor's
23 A. Yes. 23 Office.
24 Q. And did you understand your role as a reporter to 24 Q. And that was when he was running for Mayor or
25 be -- to kind of dig around and look behind that and see 25 when he was running for City Council?
9 (Pages 30 to 33)
Page 34 Page 36
1 A. This is when he was running for City Commission. 1 MR. HANLON: Objection. I don't think
2 Q. Okay. And so were these at campaign events that 2 somebody's vote is subject to public record.
3 you saw him? 3 BY MS. REEVE:
4 A. These were -- he would probably call them 4 Q. All right. Let me rephrase that.
5 campaign events. I would call them like neighborhood 5 MR. HANLON: A supporter, I can understand.
6 events. I mean, it was I think one time it was at some 6 BY MS. REEVE:
7 fair on Belmont or something where he was where I saw 7 Q. Did you support his candidacy?
8 him. I think another time I saw him in Northeast 8 A. I did not campaign for him.
9 Portland at some neighborhood or community fair, but it 9 Q. Were you hoping that he would win?
10 was not at a specific come meet and greet Sam event. It 10 A. I could not campaign for him. As a member of the
11 wasn't at a house party. 11 media, I could not openly support any political
12 Q. Okay. And so how many occasions do you think you 12 candidate.
13 interacted with Sam when he was Vera's Chief of Staff? 13 Q. How about in your own mind?
14 A. It would be probably, at most, a half dozen. 14 A. In my own mind was I supportive of him?
15 Q. Okay. And then how many times during his 15 Q. Yes.
16 campaign for City Council? 16 A. Yes.
17 A. Twice. 17 Q. All right. And how about at the time of his
18 Q. All right. And then how about during his, 18 Mayoral campaign, in your own mind were you supportive
19 obviously, by the time you were talking with his staff 19 of him?
20 about a position as Communications Director he had been 20 A. Yes.
21 elected to but had not yet assumed the Mayor's Office; 21 Q. Okay. So, did the contact that you had with Sam
22 correct? 22 Adams at the Salon Q event change your perception or
23 A. Uhm-hmm. 23 opinion of him in any way?
24 Q. So, did you, in addition to the times that you 24 A. No.
25 saw him -- 25 Q. And did you have any other contacts with him
Page 35 Page 37
1 A. I mean yes. 1 beyond those we have discussed now up until the time
2 Q. Campaigning for City Council had you had any 2 that you were in this interviewing process for the
3 contact with him during the Mayoral campaign? 3 spokesperson Communications Director position?
4 A. Yes. 4 A. Not that I remember.
5 Q. And what was the nature of that contact or those 5 Q. Okay. So, how many meetings do you think you had
6 contacts? 6 with Tom Miller during the process of interviewing for
7 A. He was -- I was at this event called Salon Q. 7 or discussing the Communications Director position?
8 It's a meet and greet event. And Sam showed up there. 8 A. I think we met four times.
9 Q. All right. And did you have a conversation with 9 Q. You've described sort of what your basic
10 him at that time? 10 understanding of what a Communications Director, a
11 A. Yes. Yeah. 11 spokesperson does, and, you know, that you initially
12 Q. Describe that for me? 12 maybe had some communication with Tom Miller again where
13 A. It was just, you know, like pleasantries. Hey, 13 it was sort of on that basic level. Did you ever have
14 Wade. How is it going? You know. Haven't seen you in 14 in any of those four meetings a more specific discussion
15 awhile. You know, that was generally it. 15 of what the role of this particular Communications
16 Q. Okay. Did you live in the City of, Portland, the 16 Director was?
17 City limits? 17 A. Yes, we did. Yeah. I mean because it was, you
18 A. When? 18 know, that was incumbent to have -- it was incumbent
19 Q. Well, I guess that's a good question. At the 19 upon both of us to have that kind of discussion. Also,
20 time that Sam was running, Sam Adams was running for 20 there were some assignments that Tom, writing
21 City Council, did you live in the city limits of the 21 assignments, that's Tom had given me that were specific
22 City of Portland? 22 to the job as Communications Director. And so through
23 A. Yes, I did. 23 those writing assignments in particular it gave me a
24 Q. Do you recall if whether or not you voted for 24 window into what would be asked and expected.
25 him? 25 Q. Okay. So, was that part of the hiring process?
10 (Pages 34 to 37)
Page 38 Page 40
1 A. That was as part of the hiring process. I'm 1 A. Tom was very clear about the responsibilities,
2 sorry I interrupted you. 2 the expectations. So, I don't remember having any
3 Q. Okay. And do you have copies of those writing 3 specific questions of great depth about the position.
4 assignments? 4 Q. Okay. What were Tom's clear expectations? What
5 A. I believe I still have copies of those writing 5 were Tom's very clear viewpoints about the
6 assignments. 6 responsibilities and expectations of the position?
7 Q. Okay. And if you could please provide those to 7 A. Well, you know, he was very clear that -- he was
8 your lawyer, I would like him to provide them to me. I 8 very clear that I will be working for the Mayor, and,
9 think they are probably within the scope of our document 9 you know, all that media stuff that's in your head, get
10 request. 10 that out of your head. You know, you are not, you know,
11 A. Okay. 11 that is not a part of this job. You are working for the
12 Q. Thank you. 12 Mayor. You are representing the Mayor and the Mayor's
13 What do you recall what the nature of those were? 13 Office. You are also representing the City. And are
14 Well, let me back up. 14 you not a journalist anymore.
15 How many writing assignments do you think you 15 He was also very direct and specific about what
16 did? 16 would be expected in terms of working hours, that I
17 A. I think there were two. There may have been 17 would be working very hard and long hours.
18 three, but I believe there were two. 18 And he also was very clear about me being
19 Q. Do you recall what they were, generally? 19 professional, not just in terms of my behind the desk
20 A. One of them was about plans for the Sellwood 20 duties, but in terms of my presentation. You know, a
21 Bridge. Another was about light rail extension to 21 coat and tie every day, you know. None of this sweater
22 Milwaukie. And then I think another one was about a 22 business, and, of course, never any jeans, you know,
23 plastic bag ordinance. 23 which was I think to me it was a given, but I felt that
24 Q. And what were you supposed to write? 24 being in Portland he probably needed to say that.
25 A. Oh, just how to approach that from the 25 Q. Okay. And what did he tell you? When did you
Page 39 Page 41
1 perspective of presenting these matters to the public 1 understand that the position was going to start?
2 and to, yeah, present them to the public in a way that 2 A. It was made clear when the position would start.
3 was -- that reflected the Mayor Elect's view on these 3 Q. Which was when?
4 matters. 4 A. I would go on the payroll January 1st or, well,
5 Q. All right. So, rather than being asked to do 5 the 1st or the 2nd. The 1st was a holiday. And this
6 like a really objective press kind of writing of it, it 6 was during -- it was before I was offered the position,
7 was something more, is it fair to say, persuasive of the 7 like you will become the spokesman when Sam takes
8 Mayor's position? 8 office.
9 A. I would say yes. 9 Q. Okay. So, you understood that you were
10 Q. Okay. Okay. So, you said you had probably four 10 interviewing for the position as the Mayor's
11 meetings with Tom Miller; correct? 11 Communications Director; correct?
12 A. Yes. 12 A. Yes.
13 Q. And two meetings with Sam Adams? 13 Q. And you understood that Sam Adams would become
14 A. Yes, two meetings that I remember. 14 Mayor no earlier than January 1; correct?
15 Q. Prior to the time you began working? 15 A. Yes.
16 A. Yes. 16 Q. And you understood that you would start the
17 Q. And was this all occurring in October or did it 17 position as the Mayor's Communications Director when Sam
18 go into November, do you recall? 18 Adams became Mayor; correct?
19 A. This all occurred in October. 19 A. Yes.
20 Q. Okay. Did you ask Tom Miller any questions about 20 Q. So, did you understand it to be that the
21 the position? 21 communications you were to be directing were the Mayor's
22 A. I did ask him questions about the position. 22 communications? I mean, was it the Mayor's message that
23 Q. Okay. Do you recall what you asked? 23 you were to be communicating?
24 A. Well, I know I remember asking about the salary. 24 A. As opposed to?
25 Q. Okay. How about the responsibilities? 25 Q. Well, as opposed to sort of an objective -- you
11 (Pages 38 to 41)
Page 42 Page 44
1 have described the role of the press as an objective -- 1 meet and great, get a feel for you. This one was more,
2 hang on just a second -- as opposed to reporting 2 like, you know, there is serious interest here on both
3 accurately, objectively and aggressively whatever was 3 sides, and, you know, why do you want this? Why do you
4 going on at the City? 4 want this job? What do you think you can bring to this
5 A. Yes, I understood that. 5 team? What do you think your transition will be like
6 Q. All right. Okay. So, then do you recall -- 6 from journalism to the other side.
7 well, let me back up. 7 Q. And what did you say about that, because it's a
8 When you had the two meetings with City 8 big change? You had been a journalist for 23 years,
9 Commissioner Sam Adams, Mayor Elect Adams, can you 9 your whole career?
10 describe those meetings for me, please, what he said, 10 A. Yes.
11 what you said, who else was present? 11 Q. In your own mind, were you apprehensive or
12 A. Yeah. I believe Tom was present for one of the 12 concerned or thinking at all about, gosh, what is this
13 meetings. And, you know, the first meeting was really 13 transition going to be like?
14 more for Sam to reintroduce himself but in his role or 14 A. Well, of course I was thinking about what the
15 hat as Mayor Elect, and to get a feel for me as a person 15 transition was going to be like. I mean, I had been in
16 who he would be working with very closely, and a feel 16 this one profession practically my entire working
17 for how I would fit as part of his team. 17 career. So, yeah, I was thinking about what the
18 Q. And do you recall any of the conversations that 18 transition was going to be like. And also I was
19 you and he and/or Tom had at that meeting? Did you 19 changing careers. It was not like I was moving to a new
20 discuss any specifics of the position at that time or 20 office or a new building. I was changing careers. So,
21 philosophy or approach? 21 yeah, but it was also I was very excited because I had
22 A. I don't recall. I don't recall. Well, it was -- 22 done one thing for 23 years, and now I was going to do
23 I don't recall, but I would imagine that that came up. 23 something else. I was going to flex new muscles. I was
24 I don't see how it could not have, but I don't recall 24 going to work in a small office with new people. And
25 it. 25 also I was going to be interacting with people in the
Page 43 Page 45
1 Q. Okay. Have you told us as specifically as you 1 city in a much different way.
2 can what your recollection of what was discussed at this 2 Q. So, were you nervous at all about, I mean, just
3 meeting? 3 to use colloquialisms, were you thinking, oh, my
4 A. I remember the meeting as being very pleasant. I 4 goodness, I'm moving from being a reporter where I'm
5 remember the meeting being I felt that they -- that Sam 5 hounding people to try to get this objective, accurate
6 seemed to be -- he seemed interested in me being 6 assessment of what is going on, sort of just the facts,
7 interested in the position. I believe he -- well, it 7 to, oh, I'm moving to this sort of communicate the
8 was -- I don't know. I don't recall. I don't recall 8 Mayor's message, spin things for political point of
9 those details. 9 view? I mean, did you have a concern about that
10 Q. And that meeting would also have occurred in 10 transition?
11 October of 2008? 11 A. I didn't have a concern about that transition
12 A. Yes, it did. 12 because this was going to be totally -- it was actually
13 Q. Okay. And then you said there was a second 13 I thought was going to be more fun because when you're
14 meeting prior to you accepting the position with Sam 14 -- you know, reporting can be really fun, but you're
15 Adams? 15 often in positions where you are trying so hard to get
16 A. Yes, there was. 16 information out of people and it becomes testy and
17 Q. Okay. Can you describe that meeting for me, 17 argumentative, and, you know, not only that you're
18 please? 18 asking people questions that they hate you for, and they
19 A. I believe I met with Sam by myself in that 19 don't want to talk to you. They are hanging up the
20 meeting. 20 phone on you. So, it can be a very adversarial
21 Q. What was the purpose of that meeting? 21 position. And so this one I didn't see as being
22 A. I think that meeting was to -- it was the -- I 22 adversarial.
23 believe it was the formal interview with Sam, I believe. 23 Q. Well, weren't you the guy on the other end of the
24 Well, I know that they were interviewing other 24 phone now?
25 candidates, whereas the first meeting felt like really 25 A. You mean -- well, it depends on -- oh, you mean
12 (Pages 42 to 45)
Page 46 Page 48
1 with the media? 1 into the allegations of your Complaint in your lawsuit,
2 Q. Right. With the reporter now calling you and 2 but I know one of the things that is alleged is that you
3 trying to get the information out of you and maybe it 3 were a person of very high integrity and that that was
4 was or maybe it wasn't information you wanted to 4 known to the representatives of the City that you were
5 provide? 5 coming to work for. And I'm just wondering if there was
6 A. Well, yeah. I was going to be on the other end 6 any conversation about that with Tom Miller or Sam Adams
7 of the phone, but it was like my feeling was having been 7 or anyone else from the City that you interviewed with
8 in that position I felt like I knew what to expect. I 8 for the job?
9 felt like I knew how to handle and communicate with 9 A. I don't recall. I know that I talked about my
10 them, and yeah. 10 approach as a reporter and how I, you know, reported
11 Q. So, you were aware that as stepping from the 11 stories, how I treated people. And I do specifically
12 reporter who is pressing so hard to get the information 12 remember talking about how I treated people and how I
13 you were going to be in the role that was more trying to 13 understood that as a reporter I had a lot of control,
14 control the flow of information; correct? 14 and I went to great lengths to help people feel
15 A. Yes. 15 comfortable in terms of using that control because when
16 Q. And you understood that there would be some spin? 16 they are talking to me and giving me information they
17 You understand what I mean by the term spin, the 17 don't have any control over how that is going to be
18 commonly-used term? 18 reflected or dispensed or written. So I often would
19 A. I do. I have used that phrase many, many times. 19 explain to people who aren't used to dealing with the
20 Q. And you understood that some of that was going to 20 media, not to the officials, but like to regular
21 be involved in the position; correct? 21 ordinary people, I would explain, you know, you are
22 A. Yeah. I mean, it's like people are going to 22 saying this to me now, and it's on the phone, so it
23 label it what they are going to label it. So, you know, 23 sounds like a regular wonderful conversation, but that
24 what they may label spin is not necessarily spin because 24 conversation evaporates into thin air, and then you look
25 this is what I have said, this is what it is, but it is 25 in the paper and you see what you have written and what
Page 47 Page 49
1 not what you want to hear, so it is spin to you. 1 you've said and you think, oh, my God, 300,000 people
2 MR. HANLON: Is this a natural break? 2 are looking at this. So I want you to know the gravity
3 MS. REEVE: Sure. 3 of what you're saying.
4 * * * 4 Also, for accuracy, and I said this to Sam in
5 (Whereupon, after a recess, the proceedings continued, 5 talking about how I approach my duties and my
6 as follows:) 6 responsibilities, I, for accuracy, I recorded all of my
7 BY MS. REEVE: 7 interviews. And even though Oregon law says that I
8 Q. Okay. So, I'm sorry I digressed again, but you 8 don't need to inform people that I'm recording my
9 said in your second meeting with Mayor Elect Adams it 9 interviews, I did tell people that I recorded them.
10 was more of a formal interview type thing? 10 Q. Okay. So, let me just make sure I have got this.
11 A. Yes. 11 I just want to summarize.
12 Q. Do you recall the substance of that conversation, 12 You said you don't recall specifically talking
13 what took place at that more formal interview? 13 about, you know, this is my level of integrity, but you
14 A. Like I said, I believe he -- I believe he, you 14 do recall that you talked about your approach as a
15 know, asked me why I wanted the job, what I could bring 15 reporter and how you treated people and that you took
16 to the team, how I felt about making that transition 16 the extra time to make sure people understood that what
17 from journalism to media spokesman. 17 they were telling you could show up on the front page of
18 Q. And what did you think were strengths that you 18 the Oregonian and that you made sure that people you
19 brought? 19 were interviewing understood when you were recording
20 A. Well, one, I told him that I, just having been a 20 them. Is that -- am I paraphrasing correctly?
21 reporter for 23 years, I learned how to, you know, 21 A. You are.
22 analyze situations. Also, that I know the City. I have 22 Q. Okay. You said you talked about your approach as
23 been around the City. And that I have great 23 a reporter and how you recorded stories and treated
24 communications skills. 24 people. Were there any other specifics than what we
25 Q. Now, and we'll get more specifically in a bit 25 have just talked about?
13 (Pages 46 to 49)
Page 50 Page 52
1 A. Any other specifics in terms of? 1 being dealing with the media but being with the face of
2 Q. Of what you had told Sam in this meeting that we 2 the Mayor's Office and dealing with average, ordinary
3 are talking about? 3 people, was that something that was communicated to you
4 A. Specifics relating to? 4 by Tom Miller or Mayor Adams as part of the job?
5 Q. Well, I asked you, you know, did you discuss 5 A. You know, indirectly, not in those words, but,
6 that there's the allegations in the Complaint that you 6 you know, Tom made very clear that as a representative
7 were a person of high integrity and that that was known 7 of the Mayor's Office you are representing the City.
8 to people at the City. And I asked you is that 8 Q. So, but did he talk about dealing with everyday
9 something that you specifically discussed at the time 9 ordinary people and being the face of the Mayor's
10 that you were interviewing? And you said you don't 10 Office?
11 really recall specifically discussing that but that you 11 A. I don't remember that being directly said, but
12 talked about these other things with Sam. And I think 12 indirectly, indirectly it may have been part of the
13 what you said, at least in my shorthand notes, is that 13 discussion or a discussion.
14 you talked about your approach as a reporter and how you 14 Q. Now, when you say indirectly it may have been
15 reported stories and how you treated people and how you 15 part of the discussion, I'm not sure I understand what
16 understood that as a reporter you had a lot of control 16 that means or how that would occur. So can you describe
17 and that you went to great lengths to help people feel 17 that to me?
18 comfortable with the information they were giving you. 18 A. In talking, you know, in talking about my duties
19 So, I was just asking, we talked about the 19 and my responsibilities and just being the spokesman,
20 specifics of that you would explain to them, you know, 20 when it was said that I would be representing the City,
21 you're telling me this and it may show up in the paper 21 I took that to mean the citizens of the City, you know,
22 and that you would explain to them, you know, I'm 22 and not just the Mayor's Office, but the citizens of the
23 recording this conversation. It sounds like you went to 23 City, which means treat everybody with respect.
24 great lengths to explain the process to people and what 24 Q. So, when you say you would be representing the
25 the possible consequences to them were. And so I guess 25 citizens of the City, I'm not understanding what you
Page 51 Page 53
1 what I was saying is were there other specific things 1 mean by that? Can you elucidate a little bit? I mean,
2 that you did when you were referring to your approach as 2 there are people like, for example, the auditor whose
3 a reporter and how you reported stories and treated 3 job it is to go audit what's going on with the City on
4 people, are there other things that you told Sam besides 4 behalf of the citizens and make sure that government is
5 the things we just talked about? 5 functioning properly. There's somebody like the
6 A. Oh, okay. Now I get it. 6 ombudsman, who if a citizen has a complaint they can
7 And the question of that was not specifically 7 take it to the ombudsman whose job it is to investigate
8 raised in our discussion. I told him those things just 8 that and try to ferret out what's going on. How as the
9 in describing myself and really how I hoped to and 9 Mayor's spokesperson did you see yourself as
10 planned to approach dealing with people as his 10 representing the citizen of the City? What does that
11 Communications Director. 11 mean in the context of that position and the duties of
12 Q. And how did you intend to approach people as his 12 that position?
13 Communications Director? 13 A. Well, it simply means, you know, I am in the
14 A. Well, I would approach them, you know. I would 14 Mayor's Office. I am the Mayor's spokesman. And just
15 be upfront. I would be forthright. I would be honest. 15 never forget that it is the citizens of the City who
16 And I would -- but I would also be, you know, I would 16 elected the Mayor.
17 not be heavy-handed. I generally am not a heavy-handed 17 Q. Okay. But did you think that you had some
18 person. As a reporter, sometimes I had to be so I 18 independent obligation to the citizens of the City the
19 would. But I saw this position as not only dealing with 19 way that the auditor who's elected by the citizens to
20 the media, but also being the face of the Mayor's 20 keep track of what's going on with government or the way
21 Office. And that would mean dealing with everyday 21 that the ombudsman who's a citizen advocate, are you
22 ordinary people. And I mean I don't want to come off as 22 saying it in that kind of a sense?
23 being distant or above them, having them feel they are 23 A. I did not think of it in that way.
24 beneath me. 24 Q. Okay. And I think you testified that you and Tom
25 Q. Did your vision of this position as not only 25 Miller had discussions about the difference between
14 (Pages 50 to 53)
Page 54 Page 56
1 being in the press versus being in this role of 1 Q. No. To control the flow of information, to
2 portraying the Mayor's agenda, the Mayor's viewpoint; 2 perhaps put out some information and to hold back other
3 correct? 3 information depending on what the, in this case, Mayor
4 A. Yes. 4 wanted out in the public about some particular issue?
5 Q. All right. Did you think you had a legal duty to 5 A. Do I think there's something wrong with that?
6 provide sort of free access to what was going on in the 6 Yes.
7 Mayor's office to the public or the press? 7 Q. And did you communicate that to the Mayor or to
8 MR. HANLON: A legal duty? 8 Tom Miller at the time they were hiring you to be the
9 BY MS. REEVE: 9 Mayor's press spokesperson?
10 Q. Yeah. Did you think you had some kind of a legal 10 A. That issue was not raised.
11 duty to find out what was going on in the Mayor's Office 11 Q. And you didn't -- did you tell them, gee, I have
12 and then explain that to the public or the press? 12 some qualms; I have experienced this before dealing with
13 A. No. 13 spokespeople for government officials, and I really have
14 Q. And did you think that there was an element of 14 some qualms about it; I don't think it's appropriate so
15 your responsibility as Communications Director to kind 15 I hope you're not going to ask me to do that?
16 of control the flow of information from the Mayor's 16 A. I did not say that.
17 Office to the press? 17 Q. And given that you had dealt with press
18 A. No, not control the flow. 18 spokespeople in the past who did that and you were
19 Q. All right. So, if the Mayor said this is the 19 hiring for this job, why wouldn't you ask about that?
20 information I want to go out to the public now and this 20 A. I didn't ask about it because those are
21 is information that I'm not ready to have go out to the 21 on-the-job situations. So I did not go into the
22 public now, you wouldn't think that that would be an 22 interview, I did not go into my interview saying that or
23 appropriate assignment for him to give to his 23 indicating or communicating to them that I felt or that
24 Communications Director? 24 I even thought that they were putting me in the position
25 A. The Mayor is telling me? 25 to do that.
Page 55 Page 57
1 Q. The Mayor is telling you we have got this public 1 Q. So had you ever as a reporter felt like you were
2 issue coming up, and here's the information that I want 2 being spun when you talked to a media spokesperson or a
3 to have out there, but I want to wait on this other 3 communications director in the past?
4 information and not put it out there yet. 4 A. Yes.
5 A. And is that appropriate, you're saying? 5 Q. And did you, when you went into this position,
6 Q. Right. Is that something that an elected 6 did you say to them, gosh, I hope you know I'm really
7 official would do with their Press Secretary, try to 7 not going to be spinning for you here?
8 control the timing and content of information that was 8 A. Well, you know, it's not like every
9 coming out about something? 9 communications person that I spoke to spun the
10 A. It is my experience as a journalist that I felt 10 information.
11 that that had happened. 11 Q. But you're aware that that can be a way that that
12 Q. So, as you were changing hats to becoming a 12 position is handled; correct?
13 spokesperson for a politician did you realize or as you 13 A. So, to say that just because I am in the position
14 think about it now today do you see that that could be 14 of being a media spokesperson that I'm going to be asked
15 part of the job responsibilities of a politician 15 to spin and spin and spin and spin, no, I did not
16 spokesperson? 16 approach it that way because that was not my experience.
17 A. That could be. 17 Every spokesperson I talked to did not spin stuff for
18 Q. And did you ask if it would be or not in your 18 me, and so I didn't go into this position thinking
19 situation? 19 that's the way to do it and that's what's going to be
20 A. I did not specifically ask that. 20 done.
21 Q. Do you think that there is something wrong with 21 Q. And did you communicate to either Tom Miller or
22 that as you sit here today? 22 Mayor Adams how wanted to handle it and that you, you
23 MR. HANLON: To change the content of 23 know, you hoped they weren't going to ask you to do
24 information? 24 somebody to control information flow because that wasn't
25 BY MS. REEVE: 25 the way you were going to approach the position?
15 (Pages 54 to 57)
Page 58 Page 60
1 A. I did not. 1 Q. All right. So my question is when did you first
2 Q. Okay. 2 become aware of your opinion or when did you first form
3 A. They did not indicate that is what they wanted me 3 your opinion that the Mayor's conduct violated this
4 to do. 4 provision of the Ethics Code?
5 Q. But they did indicate that it was very different 5 A. Well, I had not seen the Ethics Code until this.
6 from a press role and that you were going to be 6 Q. So some months later; correct?
7 conveying information on behalf of the Mayor; correct? 7 A. Yes.
8 A. They did indicate that, but they did not indicate 8 Q. When did you first review Oregon Revised Statute
9 that they wanted me to come in and spin and spin and 9 244.010?
10 spin. 10 A. When I saw this. When I saw the first Complaint.
11 Q. Okay. 11 Q. Okay. When did you first form the opinion that
12 MR. HANLON: I'm going to give a 12 Mayor Adams' conduct violated long-established common
13 precautionary be quiet again. 13 law and Constitutional principles?
14 * * * 14 A. Where is that?
15 (Whereupon, Exhibit No. 1 was marked for 15 Q. Paragraph seven.
16 identification.) 16 A. I came to that opinion when he told me that he
17 * * * 17 had lied about his relationship with Beau Breedlove.
18 BY MS. REEVE: 18 Q. So, what common law principles did you think he
19 Q. Okay. Mr. Nkrumah, we have just handed you what 19 violated?
20 the reporter has marked for us as Exhibit 1 to your 20 A. It was honest government and the public's right
21 deposition which is the Second Amended Complaint in this 21 to know.
22 case which is the current Complaint. Is that something 22 Q. So you thought --
23 that you have seen before? 23 A. That's what -- that's -- when he told me that he
24 A. Yes. 24 lied about his relationship with Beau Breedlove, that
25 Q. All right. When did you first review the City's 25 was among the things that I was thinking regarding him,
Page 59 Page 61
1 Code of Ethics that are referenced in paragraph four of 1 lying, not being honest with the public, not being
2 your Second Amended Complaint? 2 honest with me.
3 A. I believe I first reviewed these in the first 3 Q. So, what Constitutional principle did you think
4 Complaint. 4 that violated?
5 Q. When did you first become concerned that Mayor 5 A. I did not think of a Constitutional principle at
6 Adams' conduct may have violated this code of Ethics of 6 that time.
7 Portland City Code Section 103 and following? 7 Q. Okay. What common law principle did you think of
8 A. When he told me that he lied about his 8 at that time?
9 relationship with Beau Breedlove. 9 MR. HANLON: Asked and answered.
10 Q. Well, now you didn't file your first Complaint 10 BY MS. REEVE:
11 until much later than that. So had you reviewed the 11 Q. Unless he tells you not to answer, he is putting
12 code of Ethics at that point? Are you testifying that 12 his objections on the record, and you can still answer.
13 when he told you about Beau Breedlove you thought, oh, 13 A. I did not think of a common law at the time.
14 that violates Section 1.03 of the Portland City Code? 14 What I thought of is that Sam has lied to the public and
15 MR. HANLON: I think your question was when 15 he has lied to me.
16 did he become concerned that there was a violation? 16 Q. Okay.
17 BY MS. REEVE: 17 A. And his staff.
18 Q. When did you first become -- when did you first 18 Q. Now, all of these facts that are contained here
19 read Code of City of Portland, code of Ethics, which is 19 in paragraph 8 and paragraph 9 and paragraph 10, do you
20 identified here as part of the Portland City Code? 20 have personal knowledge of any of the facts contained in
21 A. When I first read this Complaint. 21 paragraphs 8, 9 or 10 or is that information that you
22 Q. Okay. Which was much later than when you learned 22 have learned through media accounts or other sources?
23 that Mayor Adams had lied about his relationship with 23 A. So, do I have personal -- what were you asking?
24 Mr. Breedlove; correct? 24 Q. Yeah. Did you have personal knowledge? You have
25 A. Correct. 25 these facts in here, paragraphs 8, 9 and 10 in your
16 (Pages 58 to 61)
Page 62 Page 64
1 Complaint, and I'm assuming, correct me if I'm wrong, 1 A. There were no specific job duties, as I remember.
2 that these are facts that have come out obviously in the 2 It was to get a feel for the position, the office, the
3 media or in investigations but they are not things that 3 team, as I remember.
4 you were privy to on a firsthand basis at the time they 4 Q. And so you went, you began coming to the office
5 were occurring; is that accurate? 5 on November 2, 2008?
6 A. Yes. 6 A. Yes, I did.
7 Q. Okay. So, let's look at paragraph 11. You state 7 Q. And what did you do all day for November and
8 in paragraph 11 of the Complaint, the Second Amended 8 December?
9 Complaint, that on November 11 or on November 2nd, 9 A. Well, there were meetings to attend, people to
10 excuse me, 2008 you began working full-time for Adams as 10 meet, people with whom I would be working in bureaus.
11 his Director of Communications. Can you describe for me 11 There was an economic stimulus plan that the office was
12 how that came about and what work you were doing and 12 working on and hoping to present and initiate or, yeah,
13 what your understanding was with regard to compensation? 13 to present and start in late November. And I was
14 MR. HANLON: Compound question. 14 working on that most closely with Emily Schneider. I
15 BY MS. REEVE: 15 can't remember her first name. Kimberly Schneider. And
16 Q. Why don't you tell me who hired you to work on 16 she oversees economic development. And so I was working
17 November 2, 2008? 17 on the communications aspect with her but also with
18 A. Who hired me? 18 employees in other bureaus.
19 Q. Um-hmm, to start on November 2, 2008? 19 Q. So, when you say you were working on the
20 A. I was -- when I was offered the position and 20 communications aspect with her, what does that mean?
21 accepted I was offered the position by Tom Miller, and 21 A. That means that there were banners that were
22 he said that he wanted me in the office starting the 22 going to be produced to publicize the campaign. There
23 beginning of November. And I told him that I was -- my 23 was a website that would publicize the campaign. There
24 official date of departure from the Oregonian was I 24 were like postcards, also. That are sort of
25 believe November 8th. It was after the elections. I 25 information.
Page 63 Page 65
1 was to work at the Oregonian through the elections. 1 Q. So, were you writing these or doing the graphic
2 They needed me to work through the elections. And I 2 design or what were you doing?
3 said, well, I'm going to have to see if that can be 3 A. I was participating in meetings and I was in that
4 arranged because that is my date. 4 which we were developing the communications for in terms
5 And Tom said we need you in the office learning 5 of the writing the graphic design, the presentation.
6 the job, what you are going to need to do, getting a 6 Q. So, were you doing the writing or the graphic
7 feel for the office and the job. And that is part of 7 design?
8 this hiring process. I need you in the office working 8 A. I was doing some of the writing. I did not do
9 full-time hours during November and December. 9 any of the graphic design; although, I did have a say.
10 Q. And did you say how much will I get paid? 10 I was one of many people who had a say in the graphic
11 A. I did not say how much would I get paid. 11 design and in the writing.
12 Q. Did you believe you were going to get paid for 12 Q. And so what were you writing?
13 November and December? 13 A. What was I writing? I was writing, you know,
14 A. Tom told me I would not be paid. 14 drafts of -- I was helping write drafts of text. I was
15 Q. Did you say, well, heck, no, I'm not going to 15 not the sole writer.
16 come work for no money? 16 Q. Who was the primary writer?
17 A. He said that doing this was contingent on me 17 A. I don't know who the primary writer was. It was
18 getting the job. 18 a team effort.
19 Q. Did you say I'm not going to work for two months 19 Q. And this was a report that you were writing or a
20 for free? 20 proposal?
21 A. I did not say that. 21 A. It was generally a draft. It was drafts of the
22 Q. What did you say? 22 plan and what we were planning to hoping to role out.
23 A. I said I will do that. 23 Q. And who were you rolling it out to?
24 Q. And what job duties did he tell you he wanted you 24 A. The citizens of Portland.
25 performing during that period of time? 25 Q. So, this isn't something that was being submitted
17 (Pages 62 to 65)
Page 66 Page 68
1 to the federal government for RFNs? 1 public.
2 A. No, not that I know of, not that I remember. 2 Q. Let me make sure I understand. This is at the
3 Q. This was something to tell the citizens what the 3 time that, and I want to make sure I'm understanding
4 City or the Mayor's Office was doing for them in terms 4 correctly, at this time and place is when the stimulus
5 of participation in the stimulus plan? 5 package was being passed by the federal government and
6 A. Yes. 6 states and local governments were submitting
7 Q. And you were working with Kimberly Schneider on 7 applications in a whole variety of forms to get stimulus
8 this? 8 dollars; is that correct? Are we talking about the same
9 A. Yes. 9 thing?
10 Q. And was she supervising your work on this? 10 A. I know it was around that time. I don't recall
11 A. She was not supervising my work. We were working 11 exactly if this was federal stimulus money.
12 together. 12 Q. So, what can you tell me then? I probably have
13 Q. So, was she -- 13 caused the confusion by assuming that that's what you
14 A. Kimberly, of course, had the lead role because 14 were speaking of. Can you tell me more specifically
15 she was the economic developer, economic development 15 what this project that you were working on for these two
16 director. 16 months was?
17 Q. So, where was your office? 17 A. It was dubbed as an economic stimulus program,
18 A. Well, I had an office in the Portland Building. 18 Portland's Economic Stimulus Program initially is what
19 Q. In what area? 19 it was dubbed as.
20 A. I believe it was Technology Services. It was 20 Q. And were you working on the substance of the plan
21 right next to Mark Greinke. I can't remember how to 21 or were you working on the description of something that
22 spell his name. 22 had already been substantively put in place?
23 Q. And you were spending 40 hours a week there? 23 A. I was working on the presentation and the
24 A. I was spending roughly 40 hours a week there. 24 communication aspects of the plan.
25 Q. Okay. So, in addition to, and this was for two 25 Q. And what were the components of the plan?
Page 67 Page 69
1 months; right? 1 A. The components were getting help, providing the
2 A. November and December. 2 citizens with access on ways to help them through the
3 Q. Um-hmm. So, in addition to working on some 3 recession, ways to find jobs and ways for citizens to
4 writing or editing of this, well, let me back up. 4 help each other.
5 Do you know if this proposal ever was released to 5 Q. And what were some of those ways?
6 the public that you helped write the plan? 6 A. I can't remember right now. There were many
7 A. Yeah. Yes, it was. 7 components, and I can't remember right now. That's way
8 Q. All right. Do you know when that was? 8 back in my head. It's not front and center.
9 A. In January. 9 Q. So, for the two months of November and December,
10 Q. And did you continue to work on it until its 10 2008 did you work on anything other than this plan or
11 release? 11 the presentation and communications aspect of the plan?
12 A. Yes. 12 A. Well, I was working with, yeah, I did work on it
13 Q. And do you have a copy of that? 13 something else.
14 A. I believe I do have copies. 14 Q. What else did you work on?
15 Q. And do you have any copies of your work product? 15 A. I was working with Tom Potter's office as part of
16 A. I believe I do have copies of my work product. 16 the transition.
17 Q. All right. I would like to request that those be 17 Q. And what kind of work was that?
18 produced to us. 18 A. It was one of the things was there was going to
19 So, did you spend the whole two months working on 19 be a kind of goodbye event for Tom, and so and the Mayor
20 that project? 20 and Sam's office was going to be a part of that. I
21 A. I spent much of the two months working on that. 21 think Sam had some words to say. So that was --
22 Q. So how was that assisting you in learning the 22 Q. And what was your role?
23 Communication Director's skills? 23 A. To just communicate with people in Mayor Potter's
24 A. Well, this was an initiative coming out of the 24 office who were a part of this to make sure that we, you
25 Mayor's office, and there was -- it was going out to the 25 know, we were doing what we needed to do to help pull
18 (Pages 66 to 69)
Page 70 Page 72
1 this off, to make sure that our signals -- we were on 1 A. They were happening at the same time.
2 the same page, you know, signals weren't crossed, things 2 Q. Were they each half your time or how would you
3 like that. 3 say now?
4 Q. So, is it like an event planning role? 4 A. There was more time spent on the economic
5 A. I wouldn't say it was an event planning role. I 5 stimulus.
6 would say it was communications. 6 Q. So, was it maybe you can give me an estimate of
7 Q. In terms of a political message that was being 7 percentages?
8 communicated at the event or what? 8 A. I can't. I did not keep track so I can't give
9 A. It wasn't a political message. 9 you an estimate. I was not -- I did not have to report
10 Q. So, what were you -- who were you communicating 10 to anyone that I was working so many hours on this and
11 with in Mayor Potter's office? 11 so many hours on that so I didn't keep track.
12 A. Austin Raglioni, Mayor Potter's Chief of Staff, 12 Q. Okay. So you said things were really moving fast
13 and his spokesman -- spokeswoman at the time. I cannot 13 for you. What was going on during this timeframe?
14 remember her name right now. 14 A. Well, it was moving fast for me because it was so
15 Q. And was this the communication around what the 15 new.
16 content of speeches would be or what were you 16 Q. But when you say things were moving fast, what do
17 communicating about? 17 you mean?
18 A. It was to make sure that we were on the same page 18 A. It means that I had a lot to digest and absorb.
19 with them so that this event could go off as it needed 19 Q. And so who were you -- besides Kimberly Schneider
20 to go off, I mean, because it was a transition we were, 20 and Austin Raglioni and the Mayor's -- do you remember
21 you know, a part of it. And so they had the lead on it, 21 the name of Mayor Potter's spokeswoman?
22 but we had to make sure that we knew what they were 22 A. Kate Millar.
23 doing so that we could -- so that we wouldn't miss 23 Q. Okay. And Kate Millar. Who else were you
24 anything. 24 working with during this period of time?
25 Q. So but I'm still trying to understand in what 25 A. I worked with -- well, there was the issue of
Page 71 Page 73
1 sense because you said not in an event planning way. So 1 transitioning Sam's website from commissionersam.com, I
2 I'm assuming it's not so much the logistics of the event 2 think it was, to his website as a Mayor for Mayor. And
3 as the content of the speeches or what? 3 there was a lot of just technical things that needed to
4 A. We needed someone in the office to communicate 4 be done. And it was not an easy transition. So, I was
5 with them to be up on where the event was going, how it 5 spending time on that, also, working with Art Alexander
6 going so that we would know. That's what it was. I was 6 and Mark Greinke.
7 making sure that we knew what was going on and so that 7 Q. Now, were you handling the technical aspects or
8 and if they needed anything from us. 8 were they and you were coordinating with them or how did
9 Q. So was that a big time commitment? 9 that work?
10 A. How do you describe big? 10 A. I was coordinating with them. I wasn't handling
11 Q. Well, I mean how many hours a week would you say 11 technical aspects.
12 you were spending on that communication? 12 Q. Was there anybody on Sam's staff that was working
13 A. I didn't keep track. 13 on that, as well? Commission staff, I mean, the staff
14 Q. What's your best estimate? 14 when he was a Commissioner.
15 A. I did not keep track. Things were moving fast 15 A. Well, I believe Tom was working on it. I mean,
16 for me. 16 he assigned me to it.
17 Q. So -- 17 Q. So, were you doing any communications with the
18 A. So, I didn't keep track. 18 media at that point?
19 Q. In terms of, say, the amount of time you were 19 A. Before we go on, I will answer this question, but
20 spending on the stimulus editing and participating in 20 I need to take a break.
21 the graphic design and that sort of thing versus the 21 Q. Oh, sure. At any time.
22 amount of time you were spending on communicating with 22 A. So, was I doing any communications with the media
23 the Mayor's Office about this event, were those things 23 at this time?
24 happening at the same time? You were doing both of 24 Q. Um-hmm.
25 those? 25 A. No.
19 (Pages 70 to 73)
Page 74 Page 76
1 MS. REEVE: Okay. You know, I didn't bring 1 Q. Right. And so you didn't have any other
2 my watch. 2 information that led you to believe you were going to
3 MR. HANLON: It's a quarter of. Do you want 3 get paid for that period?
4 to just take an hour break and grab a bite? 4 A. Well, Tom told me that I wasn't going to get
5 MS. REEVE: Sure. 5 paid.
6 * * * 6 Q. Besides what Tom told you, was there anything
7 (Whereupon, after a recess, the proceedings continued, 7 else that lead you to believe that you were going to be
8 as follows:) 8 paid for November and December?
9 BY MS. REEVE: 9 A. No.
10 Q. So, Mr. Nkrumah, we just had our lunch break, and 10 Q. All right. But you knew you were not getting
11 in the interest of time I'm going to try to kind of 11 paid for November and December?
12 summarize where we were and move on to something else. 12 A. Well, like I said, Tom told me that. So I knew I
13 So, we were talking about the November and December 13 wasn't get to get paid. Tom was the one who hired me.
14 periods of time and the work you were doing and your 14 He was the one who said these are the terms of your
15 understanding about it. And is it fair to say that you 15 hiring. This is what it is contingent on. We need you
16 understood that during that period you were not being 16 to work these months, November and December, so that you
17 paid to work; is that correct? 17 can get a feel for the job, and you will not be paid for
18 A. I was told that I was not being paid. 18 that. But your hiring is contingent on that. And I did
19 Q. Did you have a different understanding than that 19 not get my letter of hire until late December. I think
20 from something else? 20 that I got that on December 27th or something like that.
21 A. I was just told that I wasn't being paid. 21 Q. Okay. And you made the decision that it was
22 Q. So, you understood at the time that you were 22 worth it to you to go ahead on those terms and accept
23 coming in and doing the work that you weren't being paid 23 the position; correct?
24 for it? 24 A. I wanted the job.
25 A. Well, I was told that you haven't gotten your 25 Q. Right. And so you didn't say, well, forget it,
Page 75 Page 77
1 letter of hire yet. This period of time is contingent 1 I'm not going to work for free for two months; correct?
2 on you getting that letter of hire, making this 2 A. Well, the record speaks for itself.
3 official. 3 Q. Well, I'm asking you questions today, and you
4 Q. So, is it your testimony that you thought you 4 need to answer my questions today whether they appear
5 were going to be retroactively paid for that time? 5 somewhere else or not. So, is it true that you made the
6 A. I did not say that. I am just saying that Tom 6 decision it was worth it to you to come in and do
7 Miller said I want you in on November 2nd and working 7 whatever training or work in November and December in
8 November and December. You need to be here so that you 8 order to get the job?
9 can get a feel for the job. And, no, you will not be 9 A. Yes.
10 paid, but being hired is -- your hiring is contingent on 10 Q. Knowing that you were not being paid for November
11 you working these two months. 11 and December?
12 Q. Okay. So, let me just see if I can get this down 12 A. Yes.
13 correctly. You understood that you were not going to 13 Q. Okay. Thank you.
14 get paid for November and December but you thought that 14 Okay. Can you turn your attention back to
15 if you wanted to have the job starting in January and 15 Exhibit 1 which is the Second Amended Complaint? Tell
16 get paid for it he was tell you that you needed to come 16 me about your trip to San Francisco?
17 in November and December? 17 A. What do you want to know?
18 A. It wasn't that I thought that. It was made clear 18 Q. Well, how did it come about?
19 that that was the case. Tom made that clear. I did not 19 A. Oh. I went to San Francisco for Thanksgiving.
20 make any assumptions. Tom made that clear. 20 Q. And were you visiting friends or family there?
21 Q. So, it was your understanding that you were not 21 A. I was visiting family. It was a planned
22 going to get paid for the time period that you were 22 vacation. And at the time of my hiring, when Tom
23 spending in November and December; correct? 23 offered me the position, I had told him that I had this
24 A. Well, I mean, like I said, Tom told me that. 24 trip planned to San Francisco in late November and I
25 There was no other way to take it. 25 would be gone during that time for about five days, and
20 (Pages 74 to 77)
Page 78 Page 80
1 Tom said, wow, that's great. Maybe you can meet with 1 every day to see if you could meet with them before you
2 Newsom's communications people, Mayor Gavin Newsom of 2 left?
3 San Francisco, meet with his communications people. Sam 3 A. No. I was planning to meet with them for several
4 and I are going down to San Francisco for a conference 4 days. Like I was planning to meet with them for like
5 at the end of this month, and we can set that meeting up 5 while I was down there. I think it was two or three
6 for you. 6 days. And it was set up so that we would meet the first
7 Q. And what did you say? 7 day and then the second day and then maybe a third day,
8 A. I said, well, I have already, you know, I have -- 8 and so, you know, it didn't turn out that way.
9 I was planning to go for like five days, and he said, 9 Q. So, when you say you traveled to San Francisco,
10 well, you could extend your trip if you do this. 10 California as Adams' representative, was there some work
11 Q. And what did you say? 11 function that the Mayor had asked you to come down and
12 A. I said okay. 12 represent him as?
13 Q. And then tell me about that? Did you end up 13 A. No, there wasn't. The work function was or the
14 spending time in Gavin Newsom's office? 14 idea of me going down there which Tom and Sam had set up
15 A. Yes, I did. 15 and decided upon was for me to go down there and observe
16 Q. How much time did you end up spending? 16 what they do.
17 A. I spent about half a day. 17 Q. So, did you feel like at this time when you were
18 Q. And what did you do during that half a day? 18 making the new, as you said, you were changing from one
19 A. Well, I was with one of his communications 19 whole career as a journalist to this new career in
20 people, and he had an event in the neighborhood where he 20 communications, did you feel like it was beneficial to
21 was introducing their version of like a holiday economic 21 you to have any of these opportunities to be in the
22 stimulus program. And so I was there for that. And 22 office and observing and seeing what another Mayor's
23 then I met the Communications Director. 23 communications team did or did you feel like you were
24 We had scheduled it so I would meet with them on 24 only doing this because you were told you had to and it
25 a certain day, but they were so busy that it was a 25 had no benefit to you?
Page 79 Page 81
1 couple of days before I could even meet with them once I 1 A. Well, I was certainly doing it because I had to
2 got down there. 2 do it.
3 Q. Okay. And so how much did you extend your trip? 3 Q. You didn't want to do it?
4 A. I believe I extended it four days. 4 A. I was, you know, I did it because I had to, but
5 Q. But of those four days just half a day was spent 5 when the opportunity arose, you know, I thought, okay,
6 meeting with them? 6 I'm going to do this. It's not like I volunteered to do
7 A. Yes, because it didn't go as we had scheduled it. 7 it.
8 Q. And so the other three-and-a-half days were you 8 Q. So --
9 continuing your vacation? 9 A. It was set up for me to do.
10 A. Well, the other three-and-a-half days I was 10 Q. So, did you say when they said, you know, you can
11 waiting to see when I could meet with them, essentially. 11 do this while you're on vacation, did you say, no, it's
12 I mean, the first two days it was touch and go. I mean, 12 my vacation, I really don't want to do that or did you
13 I couldn't make plans to like leave area or really do 13 say, oh, yeah, that's a good opportunity for me to see
14 anything during the day. That was outside the scope of 14 what's what?
15 what I was planning to do because I could have gotten a 15 A. Well, when he said -- I said I have set up my
16 call saying, okay, we can meet this afternoon or, you 16 vacation to do this and spend this amount of time with
17 know, but it wasn't like until the middle of the day 17 my family. And he said, well, could you extend your
18 when I would get -- I would find out, well, it's not 18 vacation to do this? And I said I could do that.
19 going to work today. Why don't we do it tomorrow? So, 19 Q. Did you think that was a good opportunity for you
20 it was a rolling kind of setup. 20 or were you like I can't believe I have to do this?
21 Q. So, did you ever say, well, gosh, that's not 21 A. I felt that -- I felt that it was something that
22 going to work on for me; I'm leaving? 22 I had to do in terms of I felt that is was something I
23 A. No, I did not say that. 23 had to do, but also I felt that, yes, this is a good
24 Q. So, was it like I was planning to leave and then 24 opportunity.
25 they couldn't meet with you so you had to keep waiting 25 Q. And how about the spending time in the office or
21 (Pages 78 to 81)
Page 82 Page 84
1 in the Portland Building after the election but before 1 can come spend some time in the office in November and
2 Sam became Mayor, did you feel like that was something 2 December and learn the ropes, but you can't get paid
3 you wanted to do or is it something had they said -- let 3 because there is no position to pay you yet. Is it your
4 me back up. 4 testimony you would have said no, thank you; I'll just
5 Had Tom not said, as you testified that he said, 5 wait and sink or swim November 1?
6 that, you know, you have to come in in November and 6 MR. HANLON: Objection. Calls for
7 December and learn the ropes, is that something you 7 speculation. Answer if you can.
8 would have wanted to do or not? 8 THE WITNESS: But have I signed the letter
9 A. To come in in December, in November and December 9 of hire yet?
10 and learn the ropes? 10 BY MS. REEVE:
11 Q. Yes. 11 Q. Let's assume.
12 A. I would have jumped at it if I were paid, but I 12 MR. HANLON: Just assumes the facts that she
13 was told that getting the job as Communications Director 13 asked. I'm objecting because it is calling for
14 was contingent on me coming in from November to December 14 speculation. That is not what occurred. But try and
15 and not being paid. I wanted the job so I did it. 15 listen to her a question as best you can.
16 Q. Now, I understand that, but you said that and 16 BY MS. REEVE:
17 before you testified that things were moving fast 17 Q. Let's assume that Tom said to you we are offering
18 because it was all new to you. Did you find it helpful 18 you the job as the Mayor's Communications Director, that
19 to have that ability to come in and kind of learn the 19 position starts January 1 when the Mayor Elect becomes
20 ropes during that timeframe? 20 the Mayor. We don't have funding for a Mayor's
21 A. It proved to be -- let's see. Did I find it 21 Communication Directors position until the Mayor Elect
22 helpful? Yes. 22 becomes the Mayor. So there is no funding to pay you
23 Q. All right. And is it your testimony that you 23 for November and December, but we would like you, if you
24 would not have done that without being paid had Tom not 24 want to, to come in and spend time in November and
25 told you that you had to? 25 December learning the ropes, but you don't have to.
Page 83 Page 85
1 A. Didn't I just say that? 1 Your job is not contingent on that. What would you have
2 MR. HANLON: Just answer the question. 2 said?
3 BY MS. REEVE: 3 A. Oh, if he said you don't have to, but your job is
4 Q. I think you said you would have liked to do it if 4 not contingent. I would have, given the circumstances
5 you got paid, but I'm saying is if you had the choice to 5 under which my salary was arranged. When we talked
6 do it not being paid and you weren't told that you had 6 about this job I said that I asked him what the pay was.
7 to, would you have chosen to do it or not chosen to do 7 He said it's roughly $80,000 a year. I said okay.
8 it? 8 That's good. And I said are we agreed on that? And he
9 A. Okay. If Tom had said, Wade, we want you to come 9 says yes.
10 in in November and December unpaid and just work and 10 So, then when he hires me, he tells -- when he
11 learn the ropes, we will still hire you, you will still 11 offers me the position he says, well, we have gone a
12 be -- we will still -- here is your letter of hire on 12 little over budget, and it's going to be very tough to
13 November 2nd that says you are hired as Mayor Adams' 13 pay you $80,000. And I said, well, how tough? How low
14 Communication Director. Sign that. And we want you to 14 are you going? And he says how low can we go? I said,
15 come in and work November and December unpaid. If he 15 well, I'm not going below $75,000 because we agreed on
16 had said that, I would have said no, I don't want to 16 $80,000, and now you're saying that you can't pay me
17 work unpaid November and December. I want to be paid 17 $80,000 a year. And he said, okay, we can make it
18 for working that time. 18 $75,000. So, I wanted the job. I thought it was a
19 Q. Okay. So, what if he had said to you, you know, 19 great opportunity. I wasn't looking to break the bank,
20 obviously, we don't have funding for the Mayor's 20 but he did say $80,000. But because of the budget
21 Communications Director position until the Mayor is the 21 things, I thought I'll be a team player. I'll take
22 Mayor, and but if you want so your job starts January 1, 22 $75,000. And given that, that I made that sacrifice,
23 when the Mayor becomes the Mayor because your job is 23 no, I was not going to work for free for two months.
24 Communications Director to the Mayor, and the Mayor is 24 Q. But you did.
25 not the Mayor until January 1, but if you want to you 25 A. Because he said that getting the job was
22 (Pages 82 to 85)
Page 86 Page 88
1 contingent. 1 starts January 1, and I don't care if $75,000 or
2 Q. Okay. 2 $80,000, whatever you actually were offered the job as,
3 A. In phrasing this question, you said that it was 3 so I guess that ended up being $75,000, so he is saying
4 not contingent on me getting the job. 4 at $75,000, it starts January 1, we don't have funding
5 Q. So, when did you find out that you were getting 5 for the Mayor's Communications Director until the Mayor
6 the $75,000 instead of the $80,000? 6 Elect becomes the Mayor, this is a being transition for
7 A. I found out when he offered me the position. 7 you from one career to another, would you like to come
8 Q. So, when I'm confused. When did he offer you 8 in and spend some time in the office in November and
9 $80,000 instead of $75,000, if he offered you $75,000 9 December to learn the ropes, but we can't pay you, it's
10 when he offered you the position? I am confused about 10 not a funded position until January 1?
11 the timeframe difference between these numbers. 11 A. No.
12 A. Like I said earlier, you asked me some of the 12 Q. You would not have wanted to do that?
13 questions that I asked Tom in our initial meeting, and I 13 A. I would not have done that.
14 said I asked what the salary was. 14 Q. Okay.
15 Q. Um-hmm. 15 A. Because essentially he is saying that --
16 A. That's when he told me it was $80,000. 16 essentially, what he is wanting me to do is to start
17 Q. Okay. And then when he offered you the job he 17 working in November, November 2nd, for free.
18 said it's not $80,000, it's $75,000, and you said, okay, 18 Q. But didn't really start working as the Mayor's
19 I'll take the job? 19 Communications Director November 2nd, did you?
20 A. Yes. 20 A. I started working for the City November 2nd.
21 Q. All right. But you're saying if he had also said 21 Q. And who were you reporting to?
22 in that same conversation do you want to come in in 22 A. I was reporting to the Office of Mayor Elect/City
23 November and December and learn the ropes, you would 23 Commissioner Sam Adams.
24 have said no because of the job not being what you sort 24 Q. And who was giving you work assignments?
25 of in your mind had thought the salary would be? 25 A. Tom Miller.
Page 87 Page 89
1 A. Well, we have to remember that when you have 1 Q. And he was saying I need you to do the
2 stated that question you also said that you will come 2 communications on this stimulus plan?
3 in -- I'm asking you if you will come in, and if you say 3 A. Tom said I need you to work on this stimulus
4 no you will still get the job because it's not 4 plan.
5 contingent on that? 5 Q. Okay.
6 Q. Right. So what I'm saying is if he had offered 6 A. He also said I need you to work with Mayor
7 it to you as here's an opportunity for you to come in in 7 Potter's transition. He also said we are going to have
8 November and December to learn the ropes you're not 8 a -- we are going to have a Multimedia Manager and you
9 going to get paid, and you still can start in January if 9 will supervise the Multimedia Manager. We need to hire
10 you don't, you're sawing you would not have chosen to 10 the Multimedia Manager before January, and I need you to
11 come in and spend the time in November and December? 11 take the lead or I need you to help me with that
12 A. Are you saying that I could still start in 12 process. I need you to go through the materials that I
13 January or February with the job? 13 have here from these candidates. I need you to
14 Q. Yes. 14 interview the candidates.
15 A. Okay. He says okay. Umm -- 15 Q. Would you have preferred that somebody else did
16 MR. HANLON: If you don't understand the 16 that?
17 question, ask her to repeat it. 17 A. Would I have preferred that somebody else?
18 THE WITNESS: Could you repeat the whole 18 Q. Selected the person who would be reporting to you
19 scenario? 19 as your Multimedia Manager?
20 MS. REEVE: Yes. The whole scenario is -- 20 A. I didn't think about whether it was a choice.
21 MR. HANLON: And I'll object. It calls for 21 Q. I'm not asking you about whether or not you
22 speculation. Go ahead just so we don't break it up. 22 thought it was a choice. I'm asking you if you would
23 BY MS. REEVE: 23 have preferred that somebody else do that for a person
24 Q. He has offered you the job, and he has explained 24 that would be reporting to you?
25 that the job isn't funded until January 1 and the job 25 A. No.
23 (Pages 86 to 89)
Page 90 Page 92
1 Q. You would prefer to do that yourself? 1 A. Some mornings I would do that. Some mornings I
2 A. Yes. 2 would go straight to the Portland Building office.
3 Q. Were there other people that were going to be in 3 Q. And then you wouldn't sign in on those days?
4 new positions once the Mayor was the Mayor that were 4 A. I don't believe that I signed into that sign-out
5 spending time in and around the office doing things? 5 sheet every day.
6 A. Yes, there were. 6 Q. So, who kept track of whether you were there all
7 Q. Okay. And who were some of those people? 7 of the time?
8 A. I believe Amy Ruiz was one of them. I know that 8 A. I don't know. I don't know that I was
9 she showed up at one of our team meetings in December. 9 specifically being kept track of. I don't know that
10 Q. How about Warren Jimenez? 10 anyone in the office was being kept track of in terms of
11 A. Warren, actually, I don't believe Warren was 11 are they showing up for work.
12 around. Warren still -- I don't believe Warren was 12 Q. Even the people who were being paid, no one was
13 around. In fact, I think I saw Warren at one meeting, 13 keeping track of whether they were showing up and
14 and that was it. 14 working their hours?
15 Q. So, how much time were you spending in 15 A. I don't know.
16 Commissioner Adams' office versus over in the Portland 16 Q. Did you take time off? You said you took a few
17 Building? 17 days off in November around Thanksgiving; correct?
18 A. There was -- I didn't really keep track, but my 18 A. Yes.
19 office was over in the Portland Building. So I was 19 Q. Did you take any time off over the Christmas
20 there a lot. I was in my office a lot. I had to go to 20 holidays?
21 meetings, staff meetings in the Commissioner's Office. 21 A. I -- let's see, Christmas holidays, so, you mean
22 I didn't keep track of how much time. That's the 22 like from Christmas through New Years?
23 answer. 23 Q. Before Christmas, after Christmas, any time in
24 Q. Did you keep time records? 24 December?
25 A. Did I keep time records of? 25 A. I did take some time off in December.
Page 91 Page 93
1 Q. Your time you spent working? 1 Q. Do you recall how much time you took off in
2 A. When? 2 December?
3 Q. In November and December? 3 A. I believe it was -- I think it was six days.
4 A. No. 4 Q. Six work days?
5 Q. What hours did you work? 5 A. I think it was six work days. These again were
6 A. Generally, the set office working hours, which 6 planned trips that I had before I was hired. The last
7 were 9:00 to 5:00, sometimes more, sometimes less, 7 trip though I shortened that trip so that I could be
8 depending on the day. 8 back for an all-staff meeting.
9 Q. And if you were not going to be there did you 9 Q. Okay. And you weren't at that time, I think you
10 need to tell somebody? Did you have like a sign-in or a 10 already said, but just to have the record be clear, you
11 sign-out sheet? 11 weren't doing media communications during this November
12 A. There was a sign-in and sign-out sheet. They 12 and December time period; correct?
13 wanted to know so they would, you know, if you were out 13 A. No.
14 of the office they would have an office idea of when you 14 MR. HANLON: Object. Misstates prior
15 would be back in case they need it. 15 testimony.
16 Q. Were you on it? 16 BY MS. REEVE:
17 A. Was I on the sign-out sheet? I believe I was. I 17 Q. Let me just try to make it clear.
18 believe I remember signing in. 18 A. Okay.
19 Q. So how did that work if you were over in the 19 Q. Were you doing any work communicating with the
20 Portland Building and the sign-in and sign-out sheet was 20 media during the November and December timeframe?
21 in Commissioner Adams' Office? 21 A. No.
22 A. I believe I just signed in as in. 22 Q. Okay. Okay. Now, if you could look at paragraph
23 Q. So, in the morning you would go first to his 23 14 of your Second Amended Complaint, Exhibit 1, you
24 office, sign in as in and then go over to your other 24 state, you first state you had a long-established
25 office? 25 reputation as a forthright truthful individual. And I'm
24 (Pages 90 to 93)
Page 94 Page 96
1 just assuming you are alleging that that's what your 1 through me.
2 general reputation in your profession and community was; 2 Q. Are you saying that the Mayor didn't talk to the
3 is that fair? 3 press without you?
4 A. Yes. 4 A. I'm not saying that. I'm saying that all media
5 Q. Okay. And then you stated as Adams' Director of 5 inquiries went to or through me.
6 Communication, Nkrumah's duties included communicating 6 Q. Well, and I'm saying what does that mean?
7 with media representatives on Adams' behalf. In that 7 A. That means that -- that means that the Mayor --
8 capacity, Nkrumah was required to learn the truth 8 MR. HANLON: Don't argue. Just respond to
9 concerning the natural of Adams' contact with Breedlove 9 her question.
10 so as to be able to truthfully respond to media 10 THE WITNESS: That means that the Mayor did
11 inquiries and not mislead the public in violation of the 11 respond to media inquiries without going to or through
12 public trust. Do you see that? 12 me, but they still did go to or through me.
13 A. Yes. 13 BY MS. REEVE:
14 Q. Why were you required to learn the truth 14 Q. But as I understand --
15 concerning the nature of Mayor Adams' relationship with 15 A. They could go to both of us.
16 somebody so as to be able to truthfully respond to media 16 Q. Right. But as I understand it, you're not
17 inquiries? Why was that your responsibility to learn 17 alleging in this Complaint that the Mayor had you lie to
18 the truth and truthfully respond to media inquiries? 18 the media about the nature of his relationship with Beau
19 What made that your responsibility? 19 Breedlove; is that correct?
20 A. I was the Communications Director for the Mayor's 20 A. No.
21 Office. 21 Q. Are you making an allegation that the Mayor had
22 Q. Right. So, is it your testimony that the 22 you lie to the media about his relationship with Beau
23 Communications Director for the Mayor's Office has to 23 Breedlove?
24 know the truth about everything concerning the Mayor so 24 A. The Mayor, through my superiors, Tom Miller and
25 they can tell it to the media? 25 Warren Jimenez.
Page 95 Page 97
1 A. Well, what it says here is that I was required to 1 Q. No. No. Listen to my question. You will have
2 learn the truth concerning the nature of Adams' contact 2 an opportunity to give your side of the information, but
3 with Beau Breedlove. 3 my question is you're not saying that the Mayor told you
4 Q. Right. That's a private relationship. 4 to lie about his relationship with Beau Breedlove, are
5 A. It does not say everybody. It says Beau 5 you?
6 Breedlove. 6 A. No.
7 Q. So what about the Mayor's relationship with Beau 7 Q. Okay. Now, you are saying that the Mayor lied to
8 Breedlove? Why were you required to learn the truth 8 the press about his relationship with Beau Breedlove;
9 concerning the nature of the Mayor's contact with this 9 correct?
10 individual so as to tell the media about it? 10 A. Yes.
11 A. Because I was the Communications Director. 11 Q. And that the Mayor lied to his staff about his
12 Q. Right. 12 relationship with Beau Breedlove; correct?
13 A. The Mayor's relationship with Beau was in the 13 A. Yes.
14 news. 14 Q. Now, you did not lie about the Mayor's
15 Q. Right. So you are saying that you had to know 15 relationship with Beau Breedlove to the press, did you?
16 the truth about everything that was in the news so you 16 A. No.
17 could tell it to the press? 17 Q. So, why did you have an obligation to learn the
18 A. Well, I needed to know because the media was 18 truth concerning the nature of the Mayor's contact with
19 inquiring about it, and I was the Communications 19 Breedlove so as to be able to truthfully respond to
20 Director, and media, all media inquiries went to or 20 media inquiries and not mislead the public?
21 through me. 21 A. Well, it says it right there, to be able to
22 Q. Well, they were going directly to the Mayor, and 22 truthfully respond to media inquiries and not mislead
23 he was pretty handily responding to them himself, wasn't 23 the public.
24 he? 24 Q. But you didn't untruthfully respond to any media
25 A. Like I said, all media inquiries went to or 25 inquiries, did you?
25 (Pages 94 to 97)
26 (Pages 98 to 101)