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Wade Nkrumah May 25, 2010

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

WADE NKRUMAH, )

Plaintiff, )

vs. ) Case No. 0907-09873

CITY OF PORTLAND, )

Defendant. )

______________________________)

DEPOSITION OF WADE NKRUMAH

Taken on behalf of the Defendant

May 25, 2010

* * *

BE IT REMEMBERED THAT, pursuant to Oregon Rules

of Civil Procedure, the deposition of Wade Nkrumah was

taken before Jennifer L. James, Registered Professional

Reporter, on Tuesday, May 25, 2010, commencing at the

hour of 9:30 a.m., the proceedings being reported at the

Law Offices of Michael G. Hanlon, 101 S.W. Main Street,

Bridge Room, Portland, Oregon 97204.

* * *

Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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)

Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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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.
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Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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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
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Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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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
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Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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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.

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Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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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.
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Beovich Walter & Friend


Wade Nkrumah May 25, 2010

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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
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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.

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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?

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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

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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?

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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

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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
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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

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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

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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?
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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

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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
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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.

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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?

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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,

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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

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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.

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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

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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?

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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

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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

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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.

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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,

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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

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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?

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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

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Wade Nkrumah May 25, 2010

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)

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Wade Nkrumah May 25, 2010

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.

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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
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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?
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1 A. Regarding? 1 think and search your memory and see if you can.
2 Q. Beau Breedlove. 2 You know, I understand that if you don't remember
3 A. Directly regarding Beau Breedlove? 3 it you wouldn't remember it, but it doesn't seem like it
4 Q. Yes. 4 was that long ago, and it seems like it's fairly
5 A. Not that I remember. 5 important. So, I'm asking you to really search your
6 Q. Well, I want you to think about it. It is an 6 memory and let me know if there's anything you can
7 important question. So, can you think about it and let 7 remember in that regard?
8 me know if there's any instance where you misled the 8 A. I cannot stay for certain.
9 media about Beau Breedlove? 9 Q. But you don't remember at this time after having
10 MR. HANLON: Intentionally or by 10 reflected on it any instance where that occurred?
11 implication. That's where I think we are all -- 11 A. I don't remember at this time. I can't. That is
12 MS. REEVE: Well, I don't think, I mean, 12 a question given the circumstances that I cannot say.
13 this is for the purposes of the question right now 13 Q. But you don't remember doing it, do you? You
14 either. 14 can't identify any instance for me when that occurred?
15 MR. HANLON: Let's go off the record for 15 A. Where I gave false information about Beau
16 just a second. 16 Breedlove?
17 * * * 17 Q. Right.
18 (Whereupon, after a brief discussion off the record, the 18 A. I can't identify any instance.
19 proceedings continued, as follows:) 19 Q. And you don't recall any instance?
20 * * * 20 A. Not at this time.
21 MS. REEVE: So we are back on the record. 21 Q. Well, when you say not at the time, what does
22 BY MS. REEVE: 22 that mean?
23 Q. So, Mr. Nkrumah, did you ever give false 23 A. It means that -- it means that I don't remember
24 information to the media about the Mayor's relationship 24 doing that, and I cannot say for certain, given the
25 with Beau Breedlove which you did not know to be false? 25 circumstances of that week and that moment when I was

Page 99 Page 101


1 A. Did I give false information to the media about 1 given false direction. I was told lies. So, it was at
2 Beau Breedlove that I did not know was false? Not that 2 a point where I did not know for awhile what was
3 I remember. 3 truthful and what wasn't, given the information that I
4 Q. Okay. Do you think you would have done that and 4 was getting from Tom Miller, Warren Jimenez. So and
5 forgotten it now? 5 also during that time I had no access to Sam.
6 MR. HANLON: That's argumentative. 6 Q. Well, no one did, did they?
7 Go ahead, if you can answer. 7 A. Yes, they did. Although, I requested access to
8 THE WITNESS: It's not that I would have 8 Sam, I did not have access to Sam. Tom said you don't
9 forgotten. It's that I might have been given the 9 need to see him. He is not in a position to be seeing a
10 information that was false. 10 bunch of people right now. Warren and I are in
11 BY MS. REEVE: 11 communication with hum. And then I also found out that
12 Q. That's the question, were you? 12 Sam's scheduler actually had access to Sam.
13 A. And I did not know, and that's why I say not that 13 Q. And you feel like you had a legal right to have
14 I remember. 14 access to Sam? Is that what I'm hearing?
15 Q. Do you have any basis to believe, as you sit here 15 A. I did not say that I had a legal right. I did
16 today, that you gave false information to the media 16 not say that.
17 about the Mayor's relationship with Beau Breedlove 17 Q. Okay. So, just because of all of the stress and
18 because that information had been given to you? 18 everything that was going on you don't remember what you
19 Unintentionally, you didn't know it was false, did you 19 said to the press? Is that what you're saying, why you
20 unintentionally give false information to the media 20 can't remember if you said that or not?
21 about the Mayor's relationship with Beau Breedlove? 21 MR. HANLON: I object to the form of the
22 A. Not that I remember. 22 question. It misstates prior testimony.
23 Q. All right. But I'm asking you to think really 23 THE WITNESS: And I did not say that.
24 carefully. That's a crucial issue in this case. And so 24 BY MS. REEVE:
25 when you say not that I remember, I would like you to 25 Q. So, but what I'm saying is I'm asking you to tell

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Page 102 Page 104


1 me if you said that to the press. You're saying I can't 1 Q. Who were you told to say it to?
2 tell you that because there was so much going on. And 2 A. I was told to tell the media that.
3 so I'm trying to understand why the fact that there was 3 Q. Did you tell the media that?
4 so much going on means you can't testify to me what you 4 A. Yes, I did.
5 did or didn't say to the press? 5 Q. Okay. So, you were told the media what
6 A. No, I didn't say there was so much going on. I 6 specifically?
7 was very specific. I said the information I was being 7 A. I was told what?
8 given was false. I was being told lies. 8 Q. What were you told to tell the media that you're
9 Q. But wasn't everybody being told lies? You 9 saying is untruthful?
10 weren't in any different position than the entire 10 A. Oh, that Sam was at home working.
11 citizenry of the City of Portland, were you? 11 Q. What else?
12 A. I didn't say that everyone was being told lies, 12 A. Doing the business of -- doing the business of
13 and I didn't say that I was in a different position. 13 the community, meeting with the community. He was at
14 Q. Okay. But isn't it the fact that you were being 14 home working.
15 given -- 15 Q. He was at homework doing the business of the
16 A. But you know what -- 16 community. What else?
17 Q. Let me finish. Isn't it the fact that you were 17 A. And meeting with members of the community.
18 being given the same information as everybody else? You 18 Q. Okay. What was he in fact doing?
19 were being given the same information as Willamette 19 A. Well, I did not -- I don't know what he was
20 Week, you were being given the same information as the 20 doing.
21 rest of the staff, you were being given the same 21 Q. So, how do you know if that was a lie?
22 information as the general public; isn't that true? 22 A. Because Cevero Gonzalez, who is Sam's scheduler,
23 A. That is not true. 23 had gone over to -- he was meeting with Sam. And he
24 Q. Okay. What lies were being told that you that 24 said that Sam was in a depressed-like state, but also
25 were not being told to the general public? What lies 25 and most importantly Sam confirmed that he was not doing

Page 103 Page 105


1 were told to you that were different than the lies that 1 that.
2 were being told generally? 2 Q. Not doing what?
3 A. Well -- 3 A. That he was not meeting. That he was not doing
4 MR. HANLON: That's a different question, 4 the business of the City and working from home.
5 but answer it if you can. 5 Q. When did he confirm that?
6 THE WITNESS: Well, I was told that -- I was 6 A. He confirmed that at the January 22nd staff
7 told to tell the media and the public that Sam was at 7 meeting at the home of Tom Miller.
8 home working and doing the business of the Mayor and 8 Q. Okay. What did he say at that time?
9 meeting with people in the community. 9 A. He said he had been meeting with his pastor and
10 BY MS. REEVE: 10 that he had also met with Vera Katz.
11 Q. And is that what you said, that the Mayor was at 11 Q. Did he say he hadn't met with other people?
12 home working, doing the business of the community? 12 A. He did not. He said that he was telling us who
13 MR. HANLON: He said when? 13 he met with, and that's what he said.
14 THE WITNESS: That's what I said when? 14 Q. Now you said he met with Cevero; right?
15 BY MS. REEVE: 15 A. Yes.
16 Q. Well, you said that the separate lie you were 16 Q. And you said he met with Tom and Warren?
17 told is that you were told to say that the Mayor was 17 A. Yes.
18 home working, doing the business of the community. Is 18 Q. Now, those are work people, aren't they? Cevero
19 that what you said? 19 is his executive assistant; Tom is his Chief of Staff;
20 A. That's what I was told to say. 20 Warren is his Deputy Chief of Staff; is that right.
21 Q. And is that what you said? 21 A. That is right.
22 A. Said to whom? 22 Q. So, you don't consider that to be work meetings?
23 Q. Who were you told to say it to? You said you 23 A. Cevero said that Sam was in a depressed-like
24 were told to say that. 24 state.
25 A. Yes. 25 Q. Well, you can be depressed and working?
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1 A. Tom said that Sam was in no condition to come 1 general untruthfulness that was generally out there
2 into the office and to see people. 2 around this subject, are you alleging that you were
3 Q. Did they tell you to say he could come into the 3 specifically lied to about something different or other
4 office and see people? 4 than the general position the Mayor was taking,
5 A. Did they tell me what? 5 untruthful position the Mayor was taking about this
6 Q. As I understood it, I have asked you to tell me 6 relationship?
7 what it is that you were instructed to say that was 7 A. Well, the stuff that I was lied to about came
8 false. And I think what you said is that you were 8 from -- was the root of it was the media asking me.
9 instructed to say that Sam was at home working, and I 9 Q. No. Okay. Let's back up.
10 believe you said something about doing the business of 10 My question is were you lied to differently than
11 the City. 11 or other than the general lies that the Mayor was
12 A. Yes. 12 consistently putting out about the nature of his
13 Q. All right. And so and I asked you if you knew 13 relationship with Beau Breedlove? And then we can talk
14 that was not true? Right? I'm trying to understand why 14 about the media and what inquiries you received. But
15 you're saying that this is something you were told to 15 were you lied to differently than the lies to Willamette
16 lie about, unwittingly. Are you following me? 16 Week, the lies to the public, the lies to the rest of
17 A. Yes. 17 the staff?
18 Q. All right. So, what I'm saying is what you were 18 A. Do you mean regarding what he was doing when he
19 told to say, according to your testimony, if I'm 19 was at home?
20 understanding it correctly, is that Sam was at home, 20 Q. No. Right now I want to talk about Beau
21 which apparently is true or is it true that he was at 21 Breedlove, the whole Beau Breedlove issue.
22 home? 22 A. Okay.
23 A. I was told he was at home. 23 Q. Were you given different lies than everybody else
24 Q. Do you believe that to be false? 24 was given?
25 A. I have no way to prove that he was not at home or 25 A. About Beau Breedlove?

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1 that he was at home. This is what I was told. 1 Q. Yes.
2 Q. What were you told? 2 A. Some people had more information, got more
3 A. I was told that he was at home. 3 information about the lies than others. So, not
4 Q. Yes. 4 everyone got all of the information that I got.
5 A. Given the information, the false information that 5 Q. Okay. What information did you get that other
6 I have gotten, that I was getting during that time, I 6 people didn't get?
7 can't say whether he was at home. 7 A. Well, because in the meeting with Willamette Week
8 Q. Well, then how do you know if you were being -- 8 --
9 giving misinformation to the public if you don't know if 9 Q. He was telling it to the press.
10 he was at home or not? 10 A. No. He was in the meeting with Willamette Week
11 A. I said I was being told lies at the time. 11 he was telling it to the press, yes, but I'm not certain
12 Q. Okay. Let's back up then because my question 12 that all of the aspects of that interview got out to the
13 that started this is what lies were you told that were 13 public.
14 not being told generally? What lies were you told that 14 Q. Well, but that's not because the Mayor was trying
15 were not being told generally? 15 to keep it; he was telling Willamette Week; right? I
16 A. That were not being told generally? 16 mean, he was telling the press, and you happened to be
17 Q. Well, Sam was I think we can all agree and the 17 there.
18 record is clear that the Mayor had lied about the nature 18 A. He was telling the press, but he was lying to the
19 of his relationship with Beau Breedlove? 19 press in that meeting.
20 A. Yes. 20 Q. I understand that.
21 Q. And I think he lied, you know, to the public, and 21 A. Okay.
22 he lied to Willamette Week, and he lied to his staff, 22 Q. And that's what I'm saying. You're saying that's
23 and I have no doubt he lied pretty clear that the record 23 one of the times he was lying to you?
24 shows that he lied to everyone, including, no doubt, 24 A. Yes.
25 you. My question is are you alleging, aside from that 25 Q. And I'm saying I understand that, but he is lying

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1 to you because you're sitting there in an interview he 1 is that you have not testified to and are not at this
2 is giving the press? 2 time aware of any instance where you lied to the press
3 A. Yes. 3 about the Mayor's relationship with Mr. Breedlove,
4 Q. So, that's not different information than is 4 either knowingly or unknowingly; is that correct.
5 being given to the public, whether Willamette Week 5 A. That is correct.
6 chooses to run every word or not, you're being given the 6 Q. All right. And we were going around a bit about
7 same misinformation that the entire general public is 7 the issue of whether you received, and I am going to try
8 being given? 8 to phrase it a little differently, whether you received
9 A. I was given the same misinformation that 9 different false information or untruthful information
10 Willamette Week got in that meeting. 10 about the nature of the Mayor's relationship with Mr.
11 Q. Yes, which is an interview for publication? 11 Breedlove than was generally being put out there by the
12 A. I was given the same information that Willamette 12 Mayor?
13 Week got in that meeting. 13 A. I did not.
14 Q. Right. I understand. So where were you lied to 14 Q. Okay. Thank you.
15 any differently than? Where is the unique lie that was 15 So, then what I would like to talk just a little
16 told to you that wasn't told to the general public or 16 bit more about and then move on from that, as well, is I
17 Willamette Week or the press or other members of the 17 know in your Complaint, and we can look at paragraph --
18 staff? 18 where is that, okay, paragraph 25. So, there are two
19 A. I did not say there was a unique lie. 19 things, two different incidents alleged in paragraph 25,
20 Q. That's what I'm asking. 20 one concerning what the Mayor was doing at home and one
21 A. I did not say there was a unique lie. That's 21 concerning communications received from the public in
22 what I'm answering. I did not say there was a unique 22 Adams' Office about the Breedlove affair; correct?
23 lie. 23 A. Let's see.
24 Q. Right. And so I'm asking you is it true that you 24 Q. Two incidents referred to in paragraph 25;
25 had the same misinformation that other people had? 25 correct?
Page 111 Page 113
1 A. I did not say there was a unique lie. 1 A. Yes.
2 Q. What I'm trying to establish is whether or not 2 Q. All right. Thank you.
3 you're saying that, and so if you could tell me either 3 Other than those two incidents, are there any
4 way I would be happy? Tell me that I'm not saying that 4 other items about which you are alleging or claiming
5 or tell me that I am saying that? 5 that you were directed to mislead the media and public
6 A. I did not say there was a unique lie. 6 about Adams?
7 Q. I understand you didn't say it. My question is 7 A. Not that I can remember at this time.
8 is that an allegation you're making in this lawsuit or 8 Q. And you have thought about it and tried to
9 is it not an allegation you're making in this lawsuit? 9 remember any other instances?
10 A. I said I did not say there was a unique lie. You 10 A. I'm thinking about it right now, and I cannot
11 asked me if there was a unique lie. 11 remember any other incidents at this time.
12 MR. HANLON: Okay. We're arguing. 12 Q. And I assume since you have filed this lawsuit
13 THE WITNESS: I answered there is not a 13 you have given it some thought?
14 unique lie. 14 A. I have given it thought.
15 MR. HANLON: Okay. It's been asked and 15 Q. Right. And during that process you also haven't
16 answered 20 different times. Let's just take a break. 16 thought about other instances besides these two;
17 * * * 17 correct?
18 (Whereupon, after a recess, the proceedings continued, 18 A. I have given it thought. I just cannot remember
19 as follows:) 19 them, remember if there are any others at the time.
20 * * * 20 Q. Mr. Nkrumah, my frustration with this is that
21 BY MS. REEVE: 21 this is really some of the core items of your lawsuit,
22 Q. Mr. Nkrumah, I would like to try to get wrapped 22 and this is my only opportunity to take your deposition.
23 up and move on a little bit here. And I'm going to try 23 And so when you put it that way it leads me to believe
24 to summarize, and correct me if I'm not putting it 24 that maybe there are some others that you just haven't
25 correctly, but my understanding of your testimony so far 25 thought about it and maybe, if you did, you would think
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1 about it. And what I'm entitled to today is your best 1 they have it now? He said it's just not available. You
2 recollection of every incident where employees of the 2 can't give it to them. Who wants it anyway is what he
3 City, including the Mayor, lied to you and directed you 3 would say. And I was saying, well, I have had two
4 to mislead the media and the public about the Mayor. 4 requests from the Oregonian. I have had one from
5 And that's kind of the hear of your lawsuit. So, I 5 Willamette Week. I have had one from the Mercury. And
6 really want you to give me your best recollection today 6 in fact, Anna Griffin said what's going on here? Why
7 and think carefully about it and not just, you know, it 7 won't Sam give out his schedule? And I said, well, Tom
8 almost sounds like you're saying offhand this is all I 8 says it's not available. And she is like what do you
9 can think of right now. And so I understand that, you 9 mean it's not available? It was available all of the
10 know, it's certainly possible that there could be 10 time he was a City Commissioner and now all of a sudden
11 something in the far reaches of your memory, but I 11 it's not available?
12 really want you to work hard to give me your best answer 12 Q. So, was that false?
13 today and tell me if there's anything else where you 13 A. Well, I believe it was false because I had his
14 believe you were directed to mislead the media and the 14 schedule.
15 public about Mayor Adams? 15 Q. But Tom said not to make it available?
16 MR. HANLON: And this is the third or fourth 16 A. Exactly.
17 time that you have asked the question. So if you can 17 Q. And you told them that Tom said not to make it
18 think of anything else, tell her. If you can't tell her 18 available?
19 that. 19 A. I told them. I told them that I was told his
20 For instance, paragraph 25 doesn't even talk 20 schedule is not available.
21 about all of the Breedlove that we have gone through 21 Q. Which was true.
22 before, but as I understand the question is can you 22 A. Well --
23 think of any other time? And you've said no. And 23 Q. You were told that?
24 counsel is dissatisfied, and you just tell her you can 24 A. I was told his schedule is not available, but
25 or cannot think of anything else. 25 actually his schedule was available. Tom just did not

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1 THE WITNESS: I'm thinking about it. 1 want to release it to the media.
2 BY MS. REEVE: 2 Q. Okay. Any other examples?
3 Q. Thank you. 3 A. That is it. That's all that I remember right now
4 A. Okay. During the week when Mayor Adams was not 4 at this moment.
5 at work after disclosing he had lied about his 5 Q. Okay. All right. So, in this going now to the,
6 relationship with Beau Breedlove the media was asking to 6 thank you for that one, and now going to paragraph 25,
7 see his schedule, and I was asking for that schedule. 7 looking at the first incident where you said that you
8 And I was like, okay, I think I can get the schedule for 8 were lied to and directed to mislead the media and
9 you. And Cevero Gonzalez had his schedule. He is a 9 public about Adams, and the first example is, "While
10 scheduler. He had his schedule. And historically, as 10 Adams was at home in a depressed state, trying to
11 City Commissioner, Sam had lobbied and actually he had 11 determine whether to resign, in meetings with personal
12 lobbied for more transparency with Commissioners and the 12 and religious advisors, all of which was unknown to
13 Mayors making their schedules available for the public, 13 Nkrumah at the time, Nkrumah was instructed to falsely
14 and he took the lead in that. In fact, on his website 14 inform the media that Adams was conducting City business
15 commissionsam.com, I believe his schedule was even up on 15 and meeting the people in the community while working on
16 the website. 16 City business." Do you see that?
17 Well, the media had been asking for his schedule 17 A. Yes.
18 for a long time, since he became Mayor, and although 18 Q. Okay. Who told you to say that?
19 Cevero had his schedule, we just never gave it to them. 19 A. Tom Miller.
20 We never gave it to the media. 20 Q. And what precisely did he tell you to say?
21 And when I asked for his schedule, Tom said his 21 A. He told me to say just that, that Sam was at
22 schedule is not available. You can't be giving his 22 home. He was at home conducting City business, meeting
23 schedule to the media. And, you know, I was like, well, 23 with people in the community. He said tell them Sam is
24 Tom, this is, you know, when Sam was City Commissioner 24 at home conducting City business and meeting with people
25 the media had his schedule. So, you know, why can't 25 in the community.

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1 Q. And did you say that? 1 state.
2 A. I did say that. 2 Q. Um-hmm.
3 Q. Okay. And am I understanding from the 3 A. He told us, Sam told staff that he was at home,
4 allegations of paragraph 25 you now say that was false? 4 trying to determine whether to resign and was meeting
5 A. I learned that that was false. 5 with personal and religious and was meeting with -- he
6 Q. All right. And tell me how you learned that was 6 had met with Vera Katz and his minister.
7 false? 7 Q. All right. And do you believe that --
8 A. I learned that was false because Cevero Gonzalez 8 A. Or his pastor.
9 told us that Sam was at home, in a depressed state, and 9 Q. Do you believe that, at this point, do you
10 that he was just really down, like listless. He had -- 10 believe it to be false, that he met with Vera Katz and
11 he just showed no energy. 11 his minister?
12 Q. Okay. And you said he was, you learned, meeting 12 A. No. That's what he said.
13 with personal and religious advisors? 13 Q. Do you have any reason to believe that's not
14 A. This is what Sam told us at the January 22nd 14 true?
15 meeting told staff, at the January 22nd meeting at Tom 15 A. No.
16 Miller's. 16 Q. All right. So, your best understanding is that
17 Q. So, what you learned from Cevero was that Sam was 17 during this period when he was at home he met with
18 at home in a depressed state, really down and listless 18 Cevero, Warren and Tom and Vera Katz and his minister;
19 and showed no energy. Anything else? 19 correct?
20 A. Nothing else from Cevero. 20 A. That is my best understanding.
21 Q. Okay. And I think you also said that you knew 21 Q. All right. Okay. Now tell me about what
22 Sam had met with Cevero, Warren and Tom; correct? 22 occurred when you released accurate information to the
23 A. Yes. 23 Oregonian concerning the quantity and content of
24 Q. Okay. So then where you got the part about that 24 communications by the public with Adams' Office and you
25 he was actually at home in a depressed state, trying to 25 were criticized for not improperly suppressing the

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1 determine whether to design, in meetings with personal 1 requested information or stating falsely the results
2 and religious advisors, that you learned at this meeting 2 have not been compiled?
3 on January 22nd? 3 A. So, you want to know?
4 A. Yes. 4 Q. What happened?
5 Q. All right. So what you now believe to be the 5 A. Well, a reporter for the Oregonian wanted to know
6 truth is that Sam was home, in a depressed state, that 6 the public, what kind of public reaction or response the
7 he met with Cevero, Warren and Tom, and that he met with 7 Mayor's Office was getting regarding Sam's admission
8 personal and religious advisors and was trying to decide 8 that he lied about his relationship with Beau Breedlove.
9 whether to resign; correct? 9 And there is a public advocate. There is an advocate in
10 MR. HANLON: I object to the form. It 10 Sam's Office, Amy Stevens, who communicates directly
11 states an order of meeting people that this witness did 11 with the public just regarding concerns they may have or
12 not testify to. 12 calls to Sam's Office about issues or about the Mayor.
13 THE WITNESS: Well, he was. This is what I 13 She was compiling the number of phone calls the office
14 was told, was that he was at home, and that he was in a 14 was receiving and whether those calls were favorable or
15 depressed state, and that Cevero had made trips to his 15 unfavorable regarding Sam and his admission that he lied
16 house, and that Tom and Warren were also visiting him 16 about Beau Breedlove and also regarding whether he
17 and talking to him. 17 should resign.
18 BY MS. REEVE: 18 Q. Okay.
19 Q. Right. 19 A. And so when the Oregonian reporter came to me and
20 A. Yes. 20 requested that information, I told her I believe that we
21 Q. And in your Complaint you allege that he was at 21 have someone compiling that information and it is
22 home, in a depressed state, trying to determine whether 22 incomplete, but I will try to get you what I can. And
23 to resign, in meetings with personal and religious 23 so I got that information, and I gave it to her, and Tom
24 advisors? 24 was not happy that I gave her that information. He said
25 A. Cevero said that he was at home, in a depressed 25 why did you give her that? And I told him why I told

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1 them what she asked for. And I said that Amy says that 1 what I was trying to get at a little bit at the
2 things are trending towards a more positive result. And 2 beginning of the deposition, there isn't anything
3 Tom says, well, you still shouldn't have given her that 3 necessarily wrong with not releasing all of the
4 information. And he was, I mean, he clearly was not 4 information to the press, is there?
5 happy. He raised his voice. Then the next day in our 5 A. Well, I mean if you are going to be honest about
6 morning meeting I was also criticized by a fellow 6 your government, your City Government, your Mayor's
7 director. 7 Office, and the press asks you for very innocent
8 Q. Who? 8 information, which that was very innocent information,
9 A. Lisa Libby for giving that information. 9 what is wrong with releasing it?
10 Q. What did she say? 10 Q. So, it sounds like you thought it was more your
11 A. She just said why would you give her that? 11 call to make rather than the Mayor's or the Chief of
12 Q. And what did you say? 12 Staff's?
13 A. I said, well, because she asked for the 13 A. Well, it was a media inquiry. All media
14 information, and there was no reason not to give it to 14 inquiries come to or go through me.
15 her. And I said that we cannot sit here and have a 15 Q. All right. So, is it your understanding that as
16 bunker mentality about what is going on. 16 the Communications Director you were within your rights
17 Q. And that was kind of a strategy call; right? 17 to release any truthful information out of the Mayor's
18 A. It was. It was. Well, you know, it was. I felt 18 Office you wanted to, and it would be inappropriate for
19 it was just a very realistic and bottom line call. You 19 Tom Miller to criticize you for doing that?
20 know, the media is, especially in a case like this where 20 A. It would be inappropriate for Tom Miller to
21 there are lies being thrown around everywhere, the media 21 criticize me for releasing truthful information?
22 is going to dig and dig and dig for the honest truth, 22 Q. Right.
23 and stonewalling them is just going to make them dig 23 A. Yes, it would be inappropriate for him to
24 more. 24 criticize me for releasing truthful information. And
25 Q. So, did Tom threaten you? 25 then what was your next question?

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1 A. No. 1 Q. My question is so you're saying you could release
2 Q. Did Lisa Libby threaten you? 2 whatever information you wanted and it would be
3 A. No. 3 inappropriate for him to criticize you for doing that,
4 Q. Was there something wrong with Tom saying you 4 even if it was information he wanted to keep
5 shouldn't have given that to them or Lisa Libby saying 5 confidential?
6 why would you give that to them? 6 A. When you go into confidential, that is a whole
7 A. There was. There was. Tom is my direct 7 different story because there is some information that's
8 supervisor. 8 confidential that you need a records request to get.
9 Q. Right. 9 Q. So, you're saying anything that wasn't legally
10 A. And he is like, you know, he was -- 10 designated confidential it was you could release
11 Q. But what's wrong with your direct supervisor 11 whatever you wanted, if it wasn't legally designated
12 saying I didn't want you to give out that information? 12 confidential, and it would be inappropriate for your
13 MR. HANLON: Counsel, I think you have to 13 boss to say, Wade, we didn't want that out there right
14 let him finish his answer before you question him. 14 now?
15 BY MS. REEVE: 15 A. The problem with that is that --
16 Q. Go ahead. I apologize. 16 Q. I'm just saying yes or no?
17 A. Oh. Apology accepted. 17 A. He said it after the fact. He did not tell me we
18 What he did is he criticized me for being honest, 18 don't want that out there. I could not -- I could not
19 forthright, and for full disclosure. That's what he did 19 -- I could not do my job, especially that week, if I was
20 when he questioned me on doing that. Not only did he 20 going to Tom every time I got a media inquiry, and I
21 question me, he said you should not have done that, and 21 said Tom, well, what should I do about this? You don't
22 that is essentially my direct supervisor saying I did 22 understand the volume of media inquiries I was getting.
23 something wrong that was out of protocol that was not 23 Q. So, it's your testimony that it was inappropriate
24 right. 24 for him to criticize you for releasing truthful
25 Q. Well, so what I'm saying is isn't, and this is 25 information unless it was legally protected as

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1 confidential; is that accurate? 1 that? Do you understand what I'm saying?
2 MR. HANLON: I think he said in response to 2 A. What was wrong with it is because he wanted me to
3 a direct media inquiry. 3 mislead the public.
4 BY MS. REEVE: 4 Q. Why do you say that?
5 Q. So, is it your testimony that if you released 5 A. Because he did not like that that information was
6 information in response to a direct media inquiry, as 6 released because it was the phone calls coming in were
7 long as it was truthful, it would be wrong for your boss 7 weighing heavily against Sam.
8 to criticize you for doing that? 8 Q. But that's what I'm saying. Is there something
9 A. It was wrong in that case. I didn't say it was 9 illegal if the Mayor's Chief of Staff says that's not
10 wrong in every case. 10 looking good for us, I don't want to put that out there,
11 Q. So, what was wrong in that case? Why was it 11 is that illegal?
12 wrong for him to say why did you do that? 12 A. I didn't say it was illegal.
13 A. Because I was the Communications Director. Media 13 Q. That's what I'm trying to get at. I mean, that's
14 inquiries came through me. So, I'm going to have to 14 really what I'm trying to get at.
15 make a call on these inquiries. I cannot sit there and 15 MR. HANLON: That calls for a legal
16 run to Tom every single time, and he would not have 16 conclusion. Objection.
17 wanted me to run to him every single time. 17 BY MS. REEVE:
18 Q. So, you're saying that there was something 18 Q. Is there something wrongful about the Mayor's
19 unethical or illegal about him criticizing you? 19 Chief of Staff saying that's not looking too good for
20 A. No, I did not say that. I was doing my job. 20 us, I would rather not put that out there?
21 That was my job, to deal with the media, to dispense 21 MR. HANLON: Asked and answered. Would
22 information, and I did what I was supposed to do. I did 22 mislead the public. Move on, counsel.
23 what I needed to do. And he was essentially criticizing 23 THE WITNESS: Well, he wanted me to mislead
24 me for doing a very simple task of my job. 24 the public.
25 Q. So, what was wrongful about that? I mean, what 25 BY MS. REEVE:

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1 I'm trying to get at -- let me just see if I can be a 1 Q. And how did he want you to mislead the public?
2 little more clear. 2 A. Because when it was published the next day, he
3 What I'm trying to get at is we all have moments 3 was not happy that it stressed that, I don't know, I
4 when our boss criticizes us, and we think that's not 4 think it was like 65 or something percent of the calls
5 fair. I was just doing my job, and I was doing it 5 were a negative response to Sam. And I said, well, you
6 right, and I don't agree with you boss. That's one 6 know, that's what it was, but it was trending. The
7 thing. Okay? 7 calls coming in later were trending to a more positive
8 A. Yes. 8 response. And he said, well, you knew they would only
9 Q. And then there's other instances where maybe our 9 print the negative.
10 boss criticizes us for blowing the whistle or for, you 10 Q. And how is that misleading the public?
11 know, following a rule against workplace discrimination 11 A. Well, he felt -- I mean, because he says that I
12 or something like that where the fact that they are 12 knew they would only print the negative, that's why he
13 criticizing us is in some way violates our legal rights. 13 did not want me to release it to the media. Because you
14 It's not just my boss shouldn't have done that to me. I 14 knew they would only print the negative, so why would
15 was doing my job, and I think I did it right. It's 15 you release it to the media if you knew they would only
16 there's something else wrong with it. Do you understand 16 print the negative?
17 the distinction I'm making? 17 Q. Here's my last question about this, and then I
18 A. Yes. 18 will move on and make your counsel happy.
19 Q. All right. I'm trying to understand. I 19 Do you believe that you had some kind of a legal
20 understand the first part. It's your job. It was your 20 or ethical obligation to release that information?
21 call. It wasn't fair for him to come and second guess 21 MR. HANLON: Objection. Asked and answered.
22 you, especially when things are going nuts. So, my 22 It calls for a legal conclusion. You can answer it
23 questions is, as to the second part, was there something 23 again.
24 about it that put it into that category of, you know, it 24 THE WITNESS: Legal or ethical obligation?
25 was legally wrong for him to criticize you for doing 25 Well, here's the deal. We have talked about this

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1 before, but, you know, I mean, my background is about 1 Q. All right. What are the other instances where
2 beeping honest, forthright and accurate, and I didn't 2 the Mayor lied to you?
3 think about any legal or ethical reasons for releasing 3 MR. HANLON: About Beau Breedlove or about
4 it. I just thought this is the information, and this is 4 anything?
5 what they want, and this is -- this is -- just give it 5 BY MS. REEVE:
6 to them, you know. This is it's like we don't have 6 Q. Anything.
7 anything to hide in here or at least I didn't have 7 A. He lied to me on the evening when we met and I
8 anything to hide. 8 submitted my letter of resignation.
9 BY MS. REEVE: 9 Q. Okay. So once on January 15th, once on January
10 Q. Okay. All right. Now, when did you make the 10 22nd, and do you remember the date you met?
11 decision that you wanted to or felt that you needed to 11 A. I believe it was January 26, I think. No. Wait.
12 resign? 12 Yeah, I think it was January. Yes, January 26th.
13 A. I made that decision on, let's see, Sunday, 13 Q. Okay. So, on January 15th you were in attendance
14 January 25th. 14 with the Mayor at an interview with Willamette Week;
15 Q. How did that come about? What were the 15 correct?
16 circumstances that led you to make that decision? 16 A. Yes.
17 A. I found out that Sam had lied to me a second time 17 Q. All right. Other than or in addition to the
18 about Beau Breedlove and his relationship with Beau. 18 information that he conveyed to Willamette Week in your
19 Q. Okay. Tell me. So, that was at the meeting at 19 presence, were there any separate or additional lies?
20 the staff meeting; is that correct? 20 A. Relating to that meeting specifically?
21 A. That is correct. 21 Q. Right.
22 Q. All right. 22 A. No.
23 A. I found -- well, yes. I found out. I need to 23 Q. Okay. And then January 22nd, again, it wasn't a
24 rephrase that. 24 one-on-one conversation with you and the Mayor; it was a
25 On Sunday, January 25th, it was confirmed for me 25 conversation with the entire Mayoral staff; correct?
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1 that Sam had lied to me a second time. At the staff 1 A. Yes, it was.
2 meeting, I still believed Sam. 2 Q. Although, you specifically asked questions;
3 Q. Right. But the staff meeting was the occasion of 3 correct?
4 the lying a second time; right? 4 A. Yes.
5 A. I discovered on January 25th that the staff 5 Q. Okay. In the presence of everyone else at the
6 meeting was the occasion. 6 meeting?
7 Q. Okay. 7 A. Yes.
8 A. But at the time of the staff meeting when Sam 8 Q. And you did not have a private one-on-one with
9 responded to my question, I believed Sam. 9 the Mayor at that time?
10 Q. Okay. So, just to try to shortcut this, are 10 A. No, I did not.
11 there two occasions where it's your position that the 11 Q. All right. So then and I'm just to move along,
12 Mayor lied to you about the Beau Breedlove stuff? 12 let's just see if we can do this. If you could look at
13 A. Yes. 13 paragraph 15, in your paragraph 15, Exhibit 1, your
14 Q. Okay. Once in the meeting where you were present 14 Complaint, is that an accurate description of what
15 and he was being interviewed by Willamette Week on 15 happened, the lies at the January 15th meeting?
16 January 15th? 16 A. Yes.
17 A. January 15th. 17 Q. All right. Is there anything else you would like
18 Q. That's one of them? 18 to add to paragraph 15 to make it accurate about what
19 A. Yes. 19 the lies were that were told to you on January 15th?
20 Q. And the other time is at the staff meeting at his 20 MR. HANLON: Well, for the record, I think
21 home or at Tom Miller's home on January 22nd? 21 there's a recording of this meeting that is in the
22 A. Yes. 22 possession or was in the possession of the Mayor that is
23 Q. Are there any other instances where the Mayor 23 not in Mr. Nkrumah's possession. And if listening to
24 lied to you? 24 that brought anything further back, it may affect the
25 A. Yes. 25 question, but given that fact can you -- is there
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1 anything else material, I think is probably counsel's 1 A. No.
2 question, that occurred then that is not recounted in 2 Q. All right. If you could look at paragraph 18 for
3 paragraph 15? 3 me and again, in interest of brevity, is there anything
4 THE WITNESS: This is true, as far as I know 4 material you would like to add or does Paragraph 18
5 it. I don't have anything else to add, but as my 5 fairly and accurately reflect what occurred at the
6 counsel says I have not had the benefit of reviewing 6 meeting on the 22nd of January when the Mayor, pursuant
7 that recording that I made on my equipment which still 7 to your allegation, lied?
8 has not been returned to me by the Mayor. 8 A. So, you want to know what again, I'm sorry?
9 BY MS. REEVE: 9 Q. I just want to know, rather than me saying, okay,
10 Q. Were you doing that in the course and scope of 10 exactly what happened on January 22nd and who said what,
11 your employment as Communications Director? 11 I'm asking if paragraph 18 fairly and accurately
12 A. The equipment was mine. It was not the City's. 12 captures the lies that you're alleging the Mayor told on
13 Q. But were you acting in your capacity as 13 January 22nd?
14 Communications Director? 14 A. Oh. Okay.
15 A. Yes, and I still expect to get my equipment back. 15 Q. Or if there's anything you would like to add to
16 Q. What was the equipment? 16 it?
17 A. It was the recorder on which the recording was 17 A. There is nothing I need to add.
18 made. 18 Q. Okay. Now, all right. So, then I was starting
19 Q. Have you asked for that back? 19 to ask you what were the circumstances leading up to
20 A. No, I have not asked for it back, but it's like 20 your decision to resign, and you said that something
21 getting paid. I shouldn't have to ask to get paid. I 21 occurred on January 25th which caused you to realize
22 should just get paid, and I should just have my 22 that the Mayor had lied in what he had said on January
23 equipment back. 23 22nd. And I think you said that was what led you to
24 Q. How did the Mayor end up with your equipment? 24 make the decision to resign; is that accurate?
25 A. He said that he needed -- he said his lawyers 25 A. Yes.
Page 135 Page 137
1 needed it so they could listen to that recording. 1 Q. All right. So, what occurred on January 25th?
2 Q. Okay. And when did he say that? 2 A. There was an article, newspaper article in the
3 A. Oh, this was -- oh, it was on January 26th. I 3 Oregonian where Beau Breedlove recalled, said that he
4 believe it was January 26th. No. Wait a minute. It 4 and Sam had kissed twice before Beau turned 18.
5 may have been -- it was on the 25th or the 26th. 5 Q. All right. And then so based on that newspaper
6 Q. Okay. So then if you could look at paragraph 17, 6 article you made the decision to resign; is that
7 is that where you say Adams continued to inform Nkrumah 7 accurate?
8 falsely that no inappropriate contact or communication 8 A. It was based on that, the information in that
9 occurred between Adams and Breedlove before Breedlove 9 article from Beau, based on the information in the
10 turned 18 years of age? Are there other communications 10 article.
11 where the Mayor continued to inform you of that besides 11 Q. And what had already happened?
12 the January 15th and January 22nd communications? 12 A. What had already happened?
13 A. Yes. 13 Q. Well, I mean, I realize it wasn't just whatever
14 Q. What are those? 14 you read in the Oregonian on January 25th. It was what
15 A. On January 26th, when we met over my letter of 15 had occurred on the 15th and the 22nd and the 25th?
16 resignation. 16 A. Yes.
17 Q. He told you then that no inappropriate contact or 17 Q. So, have you ever met Beau Breedlove?
18 communications occurred between him and Breedlove before 18 A. No.
19 Breedlove turned 18? 19 Q. Have you ever had a conversation with Mr.
20 A. He denied it. 20 Breedlove?
21 Q. On the 26th he denied it? 21 A. No.
22 A. He -- yes, he denied it. 22 Q. All right. So, did you talk with anyone as you
23 Q. So, you were talking to him about -- okay. Well, 23 were reaching your decision on whether or not to resign?
24 we'll get to what happened on the 26th then. 24 A. No.
25 Any other times besides 1/15, 1/22 and 1/26? 25 Q. You didn't have anybody you were bouncing it off

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1 of? 1 but then I thought, no, I need to address the letter to
2 A. As I was reaching my decision? 2 Sam and not Tom.
3 Q. Yeah, as you were deciding what should I do? 3 Q. And that's not the later letter? Well, I'll just
4 A. No. 4 mark this, but it's not the later letter that you sent
5 Q. Okay. So, was the 25th did you say that was a 5 to the Mayor?
6 Sunday? 6 * * *
7 A. It was a Sunday. 7 (Whereupon, Exhibit No. 3 was marked for
8 Q. So, then Monday the 26th did you come into work 8 identification.)
9 to tender your resignation? How did that occur? 9 * * *
10 A. I came into work, yes. 10 BY MS. REEVE:
11 Q. And what happened? 11 Q. Is this the other letter that you're thinking of?
12 A. Well, I wanted to meet with Sam, of course, and 12 A. This is not the one. It's essentially the letter
13 give him and talk to him about this as I gave him the 13 I'm referring to is essentially the same resignation
14 letter, but Sam was not around. He was back at work 14 letter, except I believe it addresses Sam and not Tom.
15 that day and was out of the office. I got in as usual 15 Q. But it's essentially the same content?
16 at 9:00 o'clock sharp, and so Sam wasn't around. So I 16 A. Yes.
17 met with Tom Miller. 17 Q. If you could please look for that, because this
18 Q. Okay. So, what did you say to Tom, and what did 18 is the only one I have seen in my documents or your
19 he say to you? 19 documents.
20 A. I gave Tom the letter, and he read it. 20 A. Okay.
21 Q. Okay. Let's pause for a second. 21 Q. All right. In either case, whichever letter you
22 * * * 22 gave, did you give the letter to Tom?
23 (Whereupon, Exhibit No. 2 was marked for 23 A. I did give it to Tom, yes.
24 identification.) 24 Q. All right. Then what was your conversation with
25 * * * 25 Tom at that point?

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1 BY MS. REEVE: 1 A. Tom was -- Tom wanted to know. He said what's up
2 Q. Okay. I just handed you Exhibit 2 to your 2 with this? And I told him that this was for real and I
3 deposition. Is that the letter that you're referring 3 could not go on in my capacity as Communications
4 to? 4 Director being lied to and feeling compromised, that my
5 A. Yeah. 5 ethics and integrity were compromised because my boss
6 Q. Okay. So, you gave Tom the letter, and then did 6 had lied to me twice.
7 you and Tom have a conversation? 7 Q. And what did he say?
8 A. I am not -- I don't think this -- I'm thinking 8 A. He said, I believe he said I understand. You
9 that this is not the official letter that I used for my 9 will -- you do want to talk to Sam. And I said I want
10 resignation. I had drafted a letter and had given it to 10 to talk to Sam. Do you know where he is or when he will
11 Tom. And then Tom wanted me to -- this I need to -- the 11 be back? And he said he's out. I can get ahold of him
12 body of the letter is essentially what I said, but I 12 and let you know and let him know that you want to talk
13 believe that I had at first addressed this to Sam, but 13 to him. And I said, well, please do that, but I don't
14 then Tom wanted me to address to it him being that he 14 know when he will be back he has a pretty full day
15 was my immediate supervisor. And so I believe that what 15 today.
16 I did is I gave -- I came back and gave him another 16 Q. All right. Did you say anything else to Tom or
17 letter, and this is that letter. 17 did Tom say anything else to you at that meeting?
18 Q. Do you have a copy of the initial letter? 18 A. Well, we -- I just decided that I was not going
19 A. I believe I have that at home. 19 to leave until I spoke to Sam. So I worked that day.
20 Q. If you could make that available to your attorney 20 We did not tell staff. So it was as far as everyone
21 to make available to us? 21 else knew I was still on the team.
22 A. But, yeah, and I think that I talked to Tom later 22 Q. So, did you talk to any other staff members? I
23 and said that I needed to give him -- I wanted him to 23 mean, during this whole week or so, week plus, were
24 use this other letter. Well, it's a little fuzzy for 24 other staff members, you know, feeling upset that they
25 me, but I think originally maybe I did give him this one 25 had been lied to? I mean, here it was, the very

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1 beginning of the Mayor's term, were there conversations 1 to me a second time.
2 among staffers about this being disappointing or 2 Q. Okay. Now, when did he call and apologize about
3 upsetting or anything along those lines? 3 lying and tell you he had lied?
4 A. Yeah. There were lots of conversations. 4 A. It was Monday, January 20th. Wait. Monday,
5 Q. And what were the nature of those? 5 January 19th, at about 4:30 P.M.
6 A. Well, there were at the beginning of each workday 6 Q. Okay. So, then tell me your conversation with
7 there was a meeting of the entire staff to kind of see 7 the Mayor. When did you finally get to meet with the
8 what people were working on, what the day looked like, 8 Mayor on January 26th?
9 comment on any news or whatever, and then Sam would tell 9 A. It was the end of the work day. He had been in
10 us what his day was about and what he wanted from us, 10 the office a couple of times that day. And again there
11 and so that was about a ten-minute meeting. So we had 11 was just no access to him. It was they just would not
12 those meetings when Sam was not there. And then at the 12 allow access to him. So I was --
13 end of each day that week we also had meetings. And it 13 Q. When you say they, who are you referring to?
14 was really to talk about the day. We talked. You know, 14 A. Tom and Warren. Most specifically Tom, but
15 we were all encouraged to express how we were feeling 15 sometimes when Tom wasn't there Warren was telling, you
16 about all that was going on and transpiring, how it 16 know, he was in charge.
17 affected us personally and as the Mayors team. So there 17 On this day, you know, I was in the office taking
18 were, I mean, most everybody on staff said how they were 18 media inquiries, and the media was asking, well, when is
19 feeling about what was happening. 19 he going to be back? Where is he? Blah, Blah, Blah.
20 Q. And how were people feeling? 20 And I wasn't given information to where he was or when
21 A. I mean, it was a range of emotions individually 21 he was going to be back, and I would say I don't know.
22 in terms of, you know, almost not really disbelief but 22 And I remember one time this reporter from Time
23 like, wow, is this really happening? It was kind of 23 was there, and she had been asking about him and where
24 surreal, you know. 24 he was and when he was going to be back? And I said,
25 Q. Because all of those employees had been lied to, 25 well, he is not in the office and I don't know when he

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1 also; right? 1 is going to be back. And moments later she is outside
2 A. Yes. People were conflicted in terms of feeling 2 the office, on the other side of the office, and there
3 for Sam but being very angry with him. There was a 3 is Sam right there in front of the window. She sees him
4 sense of betrayal. There was also -- there was also -- 4 right there.
5 there was a great amount of sympathy for him, and, you 5 But I'm just saying that so he was in and out,
6 know, people feeling, wow, he is just going through this 6 but I did not have access to him. I guess he was busy,
7 all by himself. You know, he is not coming into work. 7 so to speak. And it wasn't until the end of the day
8 He is not talking to us. Every day that he wasn't in 8 that it was like, gosh, it must have been like 6:30 or
9 the office, people were asking, well, when is he coming 9 something. I was wondering when is he going to come
10 back? You know, why isn't he at work? A lot of people, 10 back? And Tom said, well, he is here. So I was
11 a lot of staffers were like he needs to be at work, even 11 planning to go into his office, but he came down into my
12 as he is going through what he is going through, he 12 office. And he said, he sat down, and he said, so, I
13 needs to show the public that he is still the Mayor. 13 think he said Tom tells me you want to resign or I hear
14 Q. And was there talk with other people about were 14 you want to resign. One of the two.
15 other people talking about considering resigning? 15 Q. And then who said what?
16 A. If there was, it was private. I didn't hear of 16 A. I said yes. Did Tom show you the letter? And he
17 anyone considering resigning or leaving. 17 says yes, I have seen it. I believe he wanted, you
18 Q. Did you feel like anything Sam did in terms of 18 know, he want to know why.
19 lying about the Beau Breedlove relationship and details 19 Q. And what did you say?
20 was any of that directed at you or were you just kind of 20 A. I said I can't do this anymore. And he didn't
21 caught in the crossfire? 21 press me on that at the moment. He really wanted to
22 A. Initially, I was caught in the crossfire. He 22 know if there was anything that could be done to change
23 called and told me that he lied after he had confessed 23 my mind, if there is any way I would change my mind.
24 to Willamette Week, and he apologized, but then it's 24 And I told him no, that I had made my decision. There
25 hard to say I was caught in the crossfire when he lied 25 was no turning back. And it was a very difficult

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1 conversation. 1 now.
2 Q. What did you say to him about the reasons for 2 Q. And what did you say?
3 your decision? 3 A. I said, well, I said, I think I said, well, Sam,
4 A. Well, ultimately, I told him that I was lied to 4 what do you want me to do? I'm asking you. This is
5 by him twice, and I said that I could not work for 5 your chance to tell me the truth, to tell me your side,
6 someone who repeatedly lied to me. I told him I 6 and you're not doing it. He said my hands are tied. I
7 understood that the first time he essentially had lied 7 can't talk about the investigation.
8 to everybody, and he was confessing, and I understood 8 Q. Then what happened?
9 that. He came clean. He confessed. He even personally 9 A. Well, then it was I think he, you know, he just
10 apologized to me for lying and putting me in a 10 didn't have anything more to say. He resigned himself
11 compromising position. And I told him, when he told me 11 to the fact that my decision had been made, that he was
12 that, that I understood that, and I could and would 12 not going to tell me what I needed to know. And so
13 stick by him through this as long as there were no more 13 then, I mean, I, you know, thanked him for giving me an
14 lies. I said is this it, Sam? Are there any more lies? 14 incredible second career opportunity. And I told him
15 Is this it? This is what I said in our phone 15 that I really enjoyed the job and meeting the people and
16 conversation. And he said this is it. There's no more. 16 working in that office, and it was really just a great
17 And in that conversation on the phone on January 19th, I 17 atmosphere. And I wished him the best.
18 said, okay. Well, now what do you need me to do for 18 Q. And when did he try to suggest that -- I think in
19 you? 19 your Complaint you say something about he tried to
20 Q. And what did he say? 20 suggest that stress or something was the reason for your
21 A. He said I need you to write a press release. The 21 resignation?
22 media is hounding me. Write a press release. Get it 22 A. Yes. When he was -- he had said -- when he had
23 out as quickly as you can. 23 asked me if there was any turning back, if there was any
24 Q. What did he want the press release to say? 24 way I could stay, he said that, he says, I know that
25 A. He had a prepared statement essentially saying 25 this has been very stressful, and I have tried to shield

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1 that he had lied about his relationship with Beau 1 you from that.
2 Breedlove and that he was sorry to the people of 2 Q. And what did you say?
3 Portland and Blah, Blah, Blah. So, this is, you know, 3 A. And I said, Sam, it wasn't stress. Stress had
4 this is the background to that conversation when we were 4 nothing to do with it. I said something to the matter
5 talking about the letter when I said that, Sam, you have 5 of referring to being a reporter and dealing with
6 lied to me twice. And I said the first time okay, but 6 deadline pressures, and I said I have dealt with stress
7 and he goes, well, when was the second time? And I said 7 and pressures, and this was not related to stress. He
8 the second time was at the staff meeting at Tom's house, 8 said, well, what was it? And I said, Sam, it was the
9 when I asked you if you had -- if there was any flirting 9 lies.
10 or touching between you and Beau before Beau turned 18? 10 Q. Okay. So, you said in your conversation with him
11 And you said no. 11 when we were talking about the Complaint and the times
12 Q. And what did he say? 12 that Sam lied to you, you said he lied to you on the
13 A. And he said, well, he denied it, and I can't 13 26th, and so I'm wondering what was the lies on the 26th
14 remember his exact words, but he denied it. Then I 14 in this meeting?
15 said, well, Sam, what about what Beau said in the 15 A. Well, when he denied that there was no flirting
16 newspaper article on Sunday and your response? And he 16 or touching between he and Beau before Beau turned 17,
17 said, he said, well, that's Beau saying that. That's 17 before Beau turned 18.
18 not me saying that. That's Beau saying that, and this 18 Q. Okay. Anything else? I mean, in that
19 really frustrates me because Beau is the one being 19 conversation, was there anything else that you felt was
20 believed. And I said okay, Sam. If that's not the 20 a lie?
21 case, tell me. Tell me the truth. Tell me what 21 A. That I felt was a lie in that conversation? No.
22 happened. You can tell me right now. And he said I 22 Q. Okay. Have you had any conversations with Sam
23 can't do that. And I'm like why can't you do that? Why 23 since then?
24 can't you tell me? He said because of the Attorney 24 A. Yeah.
25 General's pending investigation. I can't talk about it 25 Q. When was that?

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1 A. It was probably maybe a month ago. 1 saying or him saying in that conversation?
2 Q. And what was the context? 2 A. I remember him asking me if I could stay through
3 A. I was at the Better Living Expo. And the City 3 the Attorney General's investigation.
4 had a booth there, and Sam was at the booth. And I went 4 Q. What did you say?
5 over and said hello. 5 A. I said no, that this was effective immediately.
6 Q. And was that cordial? 6 Q. Did you think he was sincere in wanting you to
7 A. Yeah, very cordial. 7 stay?
8 Q. Just pleasantries? 8 A. It's hard to say what he was thinking.
9 A. Yes. 9 Q. Okay. How did you guys leave it?
10 Q. Okay. Was there any discussion between you and 10 A. We left it as, you know, him, like I said, I
11 Sam about who would say what to whom about the reasons 11 thanked him, and then he said that, you know, he wished
12 for your resignation or did that occur in conversations 12 me the best of luck and that we should keep in touch.
13 with Tom or both? 13 Q. Okay. And then when did you have a conversation
14 A. Yeah, there were discussions. Yes, there was a 14 with Tom Miller after that about who would say what to
15 discussion. 15 whom?
16 Q. With Sam? 16 A. I told Tom that I would call him after I talked
17 A. With Sam. 17 to Sam, and so I did, and I told him what I had planned
18 Q. All right. Tell me about that. 18 to say to the media.
19 A. Sam was concerned about what I was going to say 19 Q. Which was what?
20 to the media. 20 A. Which was no comment. And initially Tom didn't
21 Q. What did he say? 21 like that either. So, we decided that we would both
22 A. He said, well, what are you going to tell the 22 sleep on it and then get in touch in the morning. But
23 media? 23 about an hour and a half, two hours later Tom called me
24 Q. And what did you say? 24 and said that he liked the idea of me saying no comment.
25 A. I said I'm going to say this is between me and 25 He was comfortable with that, and that he would say that

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1 Sam. 1 if he got any calls he would say that the Mayor's Office
2 Q. What did he say? 2 doesn't comment on personnel matters. And I said okay,
3 A. And he said no, don't say that. It makes it look 3 but you are going to call Sam and tell him this is how
4 like I did something to you. 4 we are going to handle this? And he says yes, oh, sure,
5 Q. What did you say? 5 I'm going to call him right away.
6 A. And I said, well, what do you want me to say? 6 Q. Did you have further conversations with Tom after
7 Q. And what did he say? 7 that?
8 A. He said, well, he didn't say actually. He was 8 A. I did not.
9 thinking about it. And he said he was thinking about 9 Q. And did you talk to other coworkers?
10 it, and he thought about it for awhile. And then 10 A. You mean that night?
11 finally I said, well, I could just say no comment. And 11 Q. Or after that about, you know, did you talk with
12 he didn't like that either. 12 other people about your resigning and saying goodbye?
13 Q. What did he say? 13 A. I sent Tom, I think it was maybe that morning,
14 A. He said, I don't remember his exact words, but I 14 no, maybe that night I sent Tom a text, saying that I
15 remember that he did not like it. He indicated that he 15 planned to go to the morning meeting to say goodbye to
16 didn't like it, but, yeah. Oh, I believe that it was, 16 staff.
17 well, I think he said -- well, I remember that he didn't 17 Q. And did you?
18 like it. Yeah, he wasn't so hot on that either. 18 A. I did not because Tom advised against it.
19 Q. And then what did you guys talk about? I mean, 19 Q. What did he say?
20 was there further conversation after he somehow 20 A. He just said I don't think that's a good idea
21 indicated he didn't like that either? 21 right now.
22 A. There was further conversation. And I don't 22 Q. In a text?
23 remember exactly where that went. I do know that he was 23 A. I believe it was a text. I believe he responded
24 going to talk to Tom Miller. 24 to me in a text. Although, he might have called. And,
25 Q. All right. Anything else you can remember you 25 in fact, he probably did because Tom was not too big on

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1 the texting. 1 doing the City's business, the meeting, the January 15th
2 Q. Okay. Then there was never any formal time when 2 meeting with Willamette Week, the January 22nd meeting
3 you talked to other staff members? 3 at Tom's house, and the January 26 meeting with Sam, did
4 A. Yeah, there was. I think later, later that week. 4 you tell them all of that information?
5 Well, I had to come in and clean out my desk or I 5 A. I believe I told them all of that.
6 cleaned out the office. And so by that later that week 6 Q. Okay. Did you tell them about Tom being critical
7 I went in and did that, and I said goodbyes. 7 of you releasing the information about the phone calls
8 Q. Did you talk with other people about why you had 8 and constituent contacts that we talked about today?
9 made the decision to leave? 9 A. I don't remember whether I said anything about
10 A. I did not specifically say. I did not. But 10 that.
11 they -- there were some who said that they understood 11 Q. Okay. And I think there were two in the Attorney
12 and even referred to the meeting at Tom Miller's house 12 General investigation. In the appendix where they list
13 when I asked Sam the questions about any touching or 13 who they talked to, it looks like they mention two
14 flirting with Beau before he was 17. 14 contacts with you. Do you recall what the second one
15 Q. Okay. And have you had contact with other people 15 was?
16 in the office besides Sam and Tom since the time you 16 A. There was a second contact, and it was -- and
17 came in and cleaned out your desk office? 17 this was over the phone, yeah.
18 A. You mean any contact or like seeing someone on 18 Q. And what was the nature of that contact?
19 the street and saying hello or what? 19 A. The investigator needed to clarify a piece of
20 Q. Well, I guess any contact where you have talked 20 information that I had given.
21 anything about your employment as the Communications 21 Q. What information was that?
22 Director or the reasons for leaving or your lawsuit? 22 A. I don't, I honestly don't remember. It seemed to
23 A. No contact where I talked about that. 23 be relatively simple or a small detail of confirmation
24 Q. Okay. Have you asked anybody if they would be 24 which is why I don't remember. If it was something new
25 willing to be a witness for you? 25 that I was being asked, I probably would have

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1 A. No. 1 remembered, but it seemed a pretty small detail to me at
2 Q. When did you meet with the Attorney General's 2 the time, kind of like an afterthought that while
3 staff on their investigation? 3 investigating a person just wanted to know.
4 A. I believe it was in March, 2009. 4 Q. And in your longer -- well, in both conversations
5 Q. And how did that come about? 5 with the Attorney General investigator, were you doing
6 A. They contacted me. 6 your best to be forthright and honest about what had
7 Q. And tell me what the circumstances were did you 7 occurred?
8 meet face-to-face? Was it a telephone interview? 8 A. Yes.
9 A. I met face-to-face. 9 Q. Okay. All right. So, I want to look at Exhibit
10 Q. Okay. And what information did you provide at 10 1, your Complaint. I had asked you about this earlier,
11 that time? 11 some paragraphs, but --
12 A. Essentially, I was asked questions, and I 12 THE WITNESS: Excuse me, before we do that,
13 responded to those answers. 13 can I take a break?
14 Q. Did you tell them sort of what you have testified 14 MS. REEVE: Oh, absolutely.
15 to today about the lies that were told to you and how 15 MR. HANLON: I was just going to suggest
16 you felt that impeded your ability to do your job and 16 that.
17 how that caused you to elect to resign? 17 * * *
18 A. Yes. 18 (Whereupon, after a recess, the proceedings continued,
19 Q. Did you tell them anything in addition to what we 19 as follows:)
20 have covered today about the reasons for that? 20 * * *
21 A. No. 21 BY MS. REEVE:
22 Q. Were there things that we have talked about that 22 Q. So, looking back at your Complaint, I just want
23 went into your decision that you did not tell them and 23 to, I believe this is the case, but I just want to get
24 specifically what I mean by that is the incident about, 24 it on the record, and correct me if I'm wrong, but is it
25 you know, being told to say Sam was at home, working, 25 accurate to say that paragraphs 19, 20, 21, 22, 23, 24,

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1 are those paragraphs, is the information contained in 1 when we had made an agreement.
2 those paragraphs information that you have learned from 2 Q. So that's what you are assuming or inferring from
3 other sources like media or media accounts or the 3 the facts?
4 Attorney General's report or other than your own 4 A. Right.
5 personal firsthand knowledge? 5 Q. And you said he agreed. Did you ever have a
6 A. Okay. 19 through 24? 6 conversation with Sam where he agreed or it was your
7 Q. Yes. 7 conversation with Tom?
8 A. Okay. I'm going to read these. Okay. So, none 8 A. It was my conversation with Tom.
9 of this is personal firsthand information. 9 Q. Okay. And Tom at that time said I'm going to
10 Q. Okay. If you look at paragraph 30 of your 10 tell the Mayor this is what we worked out; correct?
11 Complaint, you state, well, I shouldn't say you state, 11 A. Yes.
12 you reference, quote, "Adams' established practice of 12 Q. And then did you ever have a conversation with
13 not communicating with the public concerning personnel 13 Tom after that where he said I talked to the Mayor and
14 matters," end quote. 14 he said we are all good?
15 How do you know what Adams' established practice 15 A. Yes.
16 was regarding communicating with the public about 16 Q. When was that?
17 personnel matters? Do you see where I am? 17 A. That was after Sam had made his statement to the
18 A. Yeah. You're at paragraph 30; right? 18 media. Tom was -- I had learned of Sam's statement to
19 Q. Paragraph 30, and it is line 6 to 7, 5 to 7. 19 the media which I believe he made on January 27th in the
20 A. That was established. Tom Miller essentially 20 late morning I believe it was. And I had learned of
21 established. 21 that statement. And I called Tom, and, you know, I
22 Q. How did you know that? 22 asked Tom, you know, why is Sam going around saying this
23 A. Well, as he stated to the media regarding my 23 when we had this agreement? And Tom apparently had not
24 situation he says, "My office does not comment on 24 known about it, and he said he did what? And I said Tom
25 personnel matters." 25 told the media that --

Page 159 Page 161


1 Q. And is that the basis for your allegation of an 1 MR. HANLON: I think you misspoke. You
2 established practice of not communicating with the 2 might want to start over.
3 public concerning personnel matters? 3 THE WITNESS: I mean, I'm sorry, he said
4 A. Yes. 4 what? And I said Sam told the media that I left because
5 Q. Are you aware of any other facts showing that 5 I couldn't handle the stress of the job. And Tom's
6 there is an established practice of not communicating 6 like, Tom said -- well, he was cussing, and he said he
7 with the public concerning personnel matters? 7 still doesn't get it, does he? He said I'm going to
8 A. No. 8 talk to him about that. And I said, well, you need to
9 Q. Okay. And then at the bottom of paragraph 30 you 9 talk to him about it, and I need to hear from him.
10 allege, "Adams nonetheless made this false statement to 10 Q. And what did Tom say?
11 cover up the true reason for Nkrumah's resignation. 11 A. Tom said, yeah, I will talk to him, and you will
12 Adams continued a pattern of lying to the public in 12 be hearing from him.
13 violation of his duties as a public official." 13 Q. And did you?
14 How do you know that that was why the Mayor said 14 A. Did I hear from Sam?
15 what he said? 15 Q. Yeah.
16 A. Because he had agreed that I would say no comment 16 A. Yes.
17 and his office would say that our office does not 17 Q. What was that conversation?
18 comment on personnel matters. So, he violated that 18 A. I asked Sam why he said what he said when he knew
19 agreement, and he violated that agreement. 19 that we had this agreement and that I had upheld my end
20 Q. Is it -- I guess what I'm trying to nail down is 20 of the agreement. And he said that he didn't mean
21 is it your inference, based on those facts, that he did 21 anything ill by it, and he is sorry that it came out the
22 it because he was trying to cover up the true reason for 22 way it did. And that, you know, if there was anything
23 your resignation, his continued pattern of lying to the 23 he could do -- wait. Did he? I don't know if -- I
24 public? That's your inference? 24 don't think he said if there was anything he could do.
25 A. I would say he had no other reason to comment 25 He just said that he was sorry, and that -- yeah.

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1 Q. Did he say he didn't mean to suggest that you 1 things that led you to believe this wasn't someone you
2 couldn't handle the stress? 2 wanted to work for, all of that information that you had
3 A. He did not say that. He said I'm sorry it came 3 was information that at that time was public knowledge;
4 out the way it did. 4 correct?
5 Q. Did he call you? 5 A. Yes.
6 A. He did call me. And I told him that this was 6 Q. Okay. Did you and Sam talk about what he meant
7 damaging to my representation as I am now going into 7 by his statement to Dan Tilkin?
8 what is a terrible job market and to have him saying 8 A. No.
9 something like that which is totally and completely 9 Q. Tilkin. Excuse me.
10 false and you know that that is totally and completely 10 Okay. In paragraph 33 of your Complaint, you
11 false because we went over this when I talked to you 11 allege that the statement has negatively affected your
12 yesterday. 12 ability to obtain new employment. Are you aware of any
13 Q. And what did he say? 13 instance in which your ability to get a job you have
14 A. He said, well, he said, you know, I'm sorry. 14 applied for has been negatively affected by the Mayor's
15 Q. And did you ask him to make any kind of 15 statement?
16 clarifying statement? 16 A. No.
17 A. I don't remember if I asked him that. I do 17 Q. Do you believe that that has occurred even if you
18 remember saying that an apology is nice, but an apology 18 are not actually aware of any facts in that regard?
19 is not going to help me get a job. And he said, well, I 19 A. I believe it could have occurred. I believe it
20 could get you a job with the City. 20 could have and possibly has had some influence.
21 Q. And what did you say? 21 Q. Okay. What jobs do you believe have you applied
22 A. I said I don't want a job with the City. 22 for that you think this has been a factor in you not
23 Q. Why did you say that? 23 getting the job?
24 A. I said it, one, because I didn't want a job with 24 A. I have not specifically pegged it to any
25 the City, but also it would not -- well, I didn't want a 25 particular job. The fact is that it's out there.
Page 163 Page 165
1 job with the City. 1 Q. But are you aware of any, you know, particular
2 Q. How come? 2 job that or do you believe that there has been any
3 A. I did not want Sam getting me a job with the 3 particular job you have applied for where this has been
4 City. 4 a factor in you not securing that position?
5 Q. Because? 5 A. I can't say. I was not given the reasons, the
6 A. Because it looked unethical. It looked 6 specific reasons for not getting certain positions.
7 dishonest. It looked deceitful. And I was not so 7 Q. Have you discussed this situation with any
8 desperate for a job that I was going to put myself in 8 prospective employers and explained it from your
9 that position, one. Also, it was way, way too close to 9 perspective?
10 the Amy Ruiz situation. 10 A. Not personally.
11 Q. Do you have any firsthand knowledge of the Amy 11 Q. Some way other than personally? Somebody on your
12 Ruiz situation? 12 behalf? When you say not personally, is there some
13 A. No. 13 other way that that communication has occurred?
14 Q. But that was your personal reaction or feeling 14 A. As part of the application process.
15 about it? 15 Q. If we could, look at paragraph 35 of your
16 A. Yes. That was part of the reaction, not the 16 Complaint. You say that the City, under Adams'
17 entire reaction. 17 direction, intentionally created and maintained working
18 Q. Now, you didn't have any knowledge about any 18 conditions in which false information was routinely to
19 damaging facts about Sam that weren't public knowledge, 19 be disseminated to the public in violation of the City's
20 did you? 20 codes, state statutes, common law and state and federal
21 A. I didn't have any knowledge about Sam, any 21 Constitutional principles requiring public officials to
22 knowledge of any damaging information about Sam, other 22 deal honestly and truthfully with the public.
23 than what was -- 23 So, what did the City do to intentionally create
24 Q. I guess what I'm saying is everything you knew 24 and maintain working conditions in which false
25 that you felt was conduct you didn't approve of and 25 information was routinely to be disseminated to the
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1 public? 1 Sam is not available for media access today. Tell them
2 A. Well, essentially, when I requested to meet with 2 that. But he did not say that.
3 Sam, those requests were denied. 3 Q. Okay. Anything else?
4 Q. But that's in the days between the 19th and the 4 A. No.
5 22nd when he was at home? 5 Q. So, can you tell me, looking at paragraph 37 of
6 A. That would be yes. 6 your Complaint, how did the City know that you were
7 Q. So, did you ask to go to his home to meet with 7 substantially certain to leave its employment as a
8 him? 8 result of working conditions in the Mayor's Office?
9 A. I asked to meet with him. 9 A. Well, it had been established very early. Even
10 Q. Okay. What else besides that you asked to meet 10 before I took the job, it was established during the
11 with Sam and that request was denied? How else did the 11 interview process that I was very -- I had very strong
12 City intentionally create and maintain working 12 opinions and beliefs in being honest and forthright and
13 conditions in which false information routinely was 13 accurate and fair in my dealings with people and also in
14 disseminated to the public? 14 my professional dealings as a reporter at the Oregonian.
15 A. Well, when I was told what I was told by Tom 15 And I told them that I would approach this job in the
16 Miller and Warren Jimenez to tell the media. 16 same way, that I would be fair and honest.
17 Q. Okay. So, that's that when they told you to say 17 Q. So, you're saying that if -- so, you had a
18 that Sam was at home meeting with people and working? 18 different -- is it fair to say that when this scandal
19 A. Yes. 19 all broke and given the way that Sam was handling it you
20 Q. Anything else? 20 found that the job wasn't consistent with your personal,
21 A. Well, when I was -- when I gave the Oregonian 21 ethical and professional values?
22 that information about the phone calls and responses 22 A. When the scandal broke?
23 coming into the office and comments on Sam admitting 23 Q. And the way Sam was handling it, that you did not
24 that he had lied about his relationship with Beau 24 feel like he was being forthright and honest?
25 Breedlove. 25 A. No, he wasn't being forthright and honest.

Page 167 Page 169


1 Q. So, when Tom Miller and Lisa Libby said why did 1 Q. No, I know that. And what I'm saying is because
2 you do that? 2 of that did you find the position inconsistent with your
3 A. Yes. Yes. 3 personal, professional and ethical values?
4 Q. And they didn't tell you in that instance, did 4 A. Yes.
5 they, to give out false information? They just said why 5 Q. And so because of that you chose to resign the
6 did you release that information? 6 position; correct?
7 A. Yes. 7 A. I chose to resign the position because I was put
8 Q. Anything else? 8 in a position where the working conditions became
9 A. Yeah. That whole day where on the 26th when the 9 intolerable because I was repeatedly lied to and was
10 media was hovering around the office, and, you know, I 10 expected to lie to the public and to the media in that
11 was told that Sam was unavailable for media access, when 11 position.
12 at times he actually was available for media access 12 Q. Correct me if I'm wrong, but the only thing I
13 because he was in the office, but, you know, I was told 13 think we have identified that you felt like you lied to
14 to tell them, well, Sam is not around. When will he be 14 the public and the media was unintentionally when you
15 back? Well, we don't know when he is going to be back. 15 told them that Sam was at home and working and meeting
16 Q. Well, so is it your opinion that he is available 16 with people; right?
17 for media access if he is there, even if he is choosing 17 A. The only time, that was when, yes.
18 not to be available for media access? 18 Q. So was it a concern that that would occur again
19 A. It was if he had chosen and said I am not 19 in the future?
20 available for media access today, that's what I would 20 A. There was a concern that that would occur again
21 have said, but that was not the case. 21 in the future. There were also red flags waved, red
22 Q. So, what was the case, that Tom said that? 22 flags when Sam lied to me a second time after lying a
23 A. The case was tell them that Sam is not around and 23 first time and apologizing and then he lied again.
24 we don't know when he'll be back. If Sam was 24 That's a red flag. There's a pattern there. There is a
25 unavailable for media access, he should have just said 25 pattern of not being -- well, of being dishonest, being
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1 disrespectful, and there's a pattern of expecting me to 1 Silence where there's a duty to speak.
2 be dishonest and deceitful. 2 BY MS. REEVE:
3 Q. That's what I'm trying to see what the pattern is 3 Q. Is that right?
4 because we talked about the one occasion -- 4 A. That they did not ask me to give false
5 A. Yeah. 5 information?
6 Q. Let me finish. Let me finish the question. 6 Q. Right.
7 What's the rest of the pattern or what are you 7 A. No, they did not ask me to give false
8 seeing as giving -- 8 information.
9 A. Well -- 9 Q. Okay. If you could, look at paragraph 40. You
10 Q. Let me finish. 10 say you are entitled to not less than $162,489.60 as
11 What are you seeing as setting forth the pattern 11 economic damages for your wrongful discharge. What is
12 of expecting you to be dishonest and deceitful? 12 the basis for the $162,489.60?
13 A. Sam lying to me twice. He lied to me the first 13 A. That basis is, my understanding is, essentially
14 time, then apologized, and that led me to believe, all 14 my future, a portion of my future wages in that
15 right, he was, for whatever reason he lied, lied to me, 15 position.
16 but he apologized. I specifically said to him, I said 16 Q. So, how long did you assume you would have
17 is this the end of it? Are there any more lies? Will I 17 stayed?
18 be surprised? And he said no. And then he lied to me 18 A. How long did I assume I would have stayed?
19 again. Then my immediate supervisors were telling me 19 Q. Right.
20 information. Well, were telling me to lie about what 20 A. Well, like I said, it's a portion. I mean, I
21 Sam was doing when he was not at work. 21 signed up for a four-year. I mean, well, he is Mayor
22 Q. Right. But that's the same incident that we were 22 for four years.
23 talking about; right? 23 Q. But you didn't have a four-year employment
24 A. The incident of? 24 contract, did you?
25 Q. Him being at home and meeting with people? 25 A. I don't think I had a four-year employment
Page 171 Page 173
1 A. Yes. 1 contract.
2 Q. All right. So, what I'm saying is I understand 2 * * *
3 that there's a -- you see a pattern of Sam lying to you. 3 (Whereupon, Exhibit No. 4 was marked for
4 I understand that. And I understand the incident where 4 identification.)
5 you were asked to say Sam is at home, working, whatever 5 * * *
6 specifically it was. What I'm asking is you said a 6 BY MS. REEVE:
7 pattern of expecting you to lie. I'm saying is there 7 Q. Okay.
8 something else in the pattern of expecting you to lie? 8 So, is this Exhibit 4?
9 A. Yes. 9 COURT REPORTER: Yes.
10 Q. Okay. What is that? 10 BY MS. REEVE:
11 A. When I gave that information to the Oregonian 11 Q. Mr. Nkrumah, are you familiar with Exhibit 4?
12 about the calls that were coming in. 12 A. Yes.
13 Q. Well, they didn't ask you to lie, did they? They 13 Q. Is that your signature in the lower left corner
14 were just mad that you gave out the information? 14 of the second page?
15 A. They were upset that it was full disclosure. 15 A. Yes.
16 Q. That's different than lying, isn't it? 16 Q. Did you read this before you signed it?
17 A. They did not want full disclosure. 17 A. Yes.
18 MR. HANLON: Objection. Calls for a legal 18 Q. So you saw that your first day of employment was
19 conclusion. 19 January 2, 2009. And I'm sorry. That's on the first
20 BY MS. REEVE: 20 page.
21 Q. I just want to clarify though, for the record, 21 A. Yes.
22 that they didn't ask you to give false information; they 22 Q. And did you see nature of employment, down at the
23 just questioned why you had released the information 23 bottom of the page where it says you are an at-will
24 that you released; isn't that correct? 24 employee; i.e. serve at the pleasure of the Mayor and
25 MR. HANLON: And again, the same objection. 25 may be relieved of employment with or without cause by
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1 the Mayor as Chief of Staff at any time? 1 A. I believe that was the date, yes.
2 A. Yes. 2 Q. And then did it come in that same day later in
3 Q. And did you realize that that meant that you 3 the mail?
4 didn't have an employment contract for any fixed period 4 A. I don't know if it came that same day because my
5 of time? 5 mail comes to a mailbox, not directly to my apartment.
6 A. Yes. 6 Q. Okay.
7 Q. Okay. And did you see on the next page trial 7 A. And I did not check my mail that day.
8 employment period, that for the first 120 business days 8 Q. When you called and asked and you spoke with
9 you were on a trial employment period? 9 Grace; is that correct?
10 A. Yes. 10 A. Yes.
11 Q. What did you understand that to mean? 11 Q. And did she tell you that your check had been
12 A. That I was on probation, which is standard. 12 mailed?
13 MS. REEVE: So, let me do this real quick. 13 A. On the 13th, I had -- I'm trying to think. You
14 Let's mark this 5 and this 6. 14 know -- oh, when I called Grace I believe that I thought
15 * * * 15 that Grace said that I thought you were coming in to
16 (Whereupon, Exhibit 5 and Exhibit 6 were marked for 16 pick up your check.
17 identification.) 17 Q. Can I -- let's mark this.
18 * * * 18 * * *
19 MS. REEVE: And, I'm sorry, for Exhibit 6 I 19 (Whereupon, Exhibit No. 7 was marked for
20 only found a copy as I was running out the door. 20 identification.)
21 MR. HANLON: I understand. 21 * * *
22 MS. REEVE: I only have one copy of it. The 22 MR. HANLON: This will clear everything up.
23 back is a certificate of certified mail. 23 MS. REEVE: Yeah. There you go.
24 BY MS. REEVE: 24 MR. HANLON: Exhibit 7?
25 Q. So, Mr. Nkrumah, is Exhibit 5 your final check 25 MS. REEVE: Yes.

Page 175 Page 177


1 for your period of employment? And I apologize the 1 BY MS. REEVE:
2 photocopy is not great. 2 Q. Okay. So, Mr. Nkrumah, we have marked as Exhibit
3 A. Exhibit 5? 3 7 to your deposition a letter from your attorney to an
4 Q. Yes. 4 attorney in the Portland City Attorney's Office. And in
5 A. No. 5 that letter your attorney had written that we further
6 Q. I realize -- okay. Is Exhibit 5 the check for 6 agree that a check for Mr. Nkrumah's wages was not
7 your last actual paycheck, not inclusive of penalty 7 delivered to him but was mailed on him on or about
8 wages? 8 February 6, 2009. Do you agree with that?
9 A. I -- 9 A. I'm still reading the letter. Yes.
10 Q. I think that may just be multiple copies of the 10 Q. Okay. So, do you agree with your attorney's
11 same thing. In fact, it is. 11 statement that we agree that a check for Mr. Nkrumah's
12 MR. HANLON: She just wants you to look at 12 wages was not delivered to him but was mailed to him on
13 that. Just let the record reflect Exhibit 5 is one 13 or about February 6, 2009?
14 page. 14 A. Yes.
15 BY MS. REEVE: 15 Q. Okay. And you'll see in the next paragraph it
16 Q. And it's hard to see, but I think if you look at 16 says, "Since he had not yet received his final paycheck
17 the check you can vaguely make out that it says 17 on February 13th, 2009, Mr. Nkrumah inquired about his
18 2-6-2009? 18 final paycheck with Grace Uwagbae, the Mayors office
19 A. Yeah. I was looking for -- 19 manager, who informed Mr. Nkrumah the first time that
20 Q. It's very vague. 20 his check had been mailed to him on February 6, 2009."
21 A. It appears to be. 21 Does that refresh your recollection at all about
22 Q. Okay. And I just want to put on the record you 22 your conversation with Grace?
23 did not receive this by I believe it was February 13th 23 A. Yeah.
24 you called to inquire about the status of your last 24 Q. Okay. And then within a short period of time
25 check; is that correct? 25 after that conversation with Grace on February 13th,
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1 2009, did you in fact receive the check that has been 1 resigned. And then non-economic damages in an amount of
2 marked as Exhibit 5? 2 not less than $400,000. Do you know what the $400,000
3 A. Well, I did call her, yes. 3 that you're claiming is to compensate you for?
4 Q. And then did you get the check shortly after that 4 A. I can't remember exactly what that is, no. I
5 in the mail? 5 can't remember exactly what that is.
6 A. I believe that I got it shortly thereafter, yes. 6 Q. Often non-economic damages are for things like
7 Q. Okay. And Exhibit 5 was for the rest of your 7 pain and suffering and that sort of thing. Do you know
8 regular wages for your employment through January 26th; 8 if in this case that's damages that you have suffered?
9 correct? 9 A. I have -- I don't remember at this time exactly
10 MR. HANLON: Exhibit 6. You might have 10 what that is. I cannot say right now what that is.
11 misspoken. 11 Q. Is it your position that you have suffered pain,
12 BY MS. REEVE: 12 suffering emotional distress kind of damages that you're
13 Q. Oh, is that Exhibit 6? Okay. Sorry. 13 seeking compensation from the City for?
14 And just to clarify for the record, we are 14 A. So, when you say pain and suffering, what kind of
15 talking about check No. 463383. 15 pain and what kind of suffering? I mean, is it like --
16 A. 46 -- oh, we're talking about 463383. And you're 16 MR. HANLON: She asks the questions. If you
17 saying that that was what? 17 know, tell her. If you don't, tell her you don't know.
18 Q. That was the rest of your regular wages for your 18 THE WITNESS: Yes.
19 employment through January 26. 19 BY MS. REEVE:
20 A. Is my -- yes. 20 Q. All right. Can you describe for me what kind of
21 Q. Okay. And then subsequently did you get, and I'm 21 damages, what kind of damages you have suffered that you
22 sorry, I only have one copy, so I'm going to come look 22 are seeking compensation for?
23 over your shoulder, did your subsequently receive check 23 A. Well, first of all, I left a -- you know, I left
24 463600 as penalty wages in compensation for the late 24 early a well-paying job. And because I was told that I
25 payment of check 463383? 25 needed to work from November through December in order

Page 179 Page 181


1 A. I did. 1 to secure this new job, so I left my other job early.
2 Q. All right. And check 463383 was in the amount of 2 And then also I was moving into, I was moving into a new
3 $821.21; correct? 3 career and transitioning to a new career. I had secured
4 A. Yes. 4 a position in this new career that was, you know, a
5 Q. And check 463600, the penalty wage check, was in 5 well-compensated job at $75,000 a year, and because of
6 the amount of $1,925.55; correct? 6 intolerable working conditions related to being
7 A. Yes, the amount of the check. 7 repeatedly lied to, having my integrity, honesty,
8 Q. Yes. I was just trying to look at the gross. 8 forthright abilities, natures, qualities compromised, I
9 A. Well, yeah, but you did say the amount of the 9 had to leave that job and go into a job market that in
10 check. 10 this state was one of the worst in the nation at the
11 Q. Right. Right. 11 time and continues to be one of the worst in the nation.
12 A. So, I was looking at the gross, also. 12 Q. When you say you left your other job early, and I
13 Q. Okay. 13 just want to clarify, I think you testified you had
14 A. So but it was specifically the amount of the 14 chosen to leave the Oregonian and take the two-year
15 check, so yes. 15 buyout before you applied for this job; correct?
16 Q. And on the back of Exhibit 6 it shows that that 16 A. Yes.
17 check was sent to you certified mail, and you did in 17 Q. And you said, I think, that originally you were
18 fact receive it; correct? 18 scheduled to work until November 8th at the Oregonian;
19 A. Yes. 19 is that correct?
20 Q. Okay. If you could, look at paragraph 44 of your 20 A. Through the election, yes.
21 Second Amended Complaint. You see where it says that 21 Q. And that you needed to start at the City on
22 you have -- "Nkrumah has suffered economic damages in 22 November 3rd?
23 the amount of $162,489.60." And we already talked about 23 A. November 2nd.
24 that. And you said you thought that was lost wages for 24 Q. November 2nd. So, that's the amount of time
25 some forward period of time from the time that you 25 early that you're referring to that you left your other

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1 job? 1 A. You asked me when I started looking for work, not
2 A. Yes. 2 when I applied.
3 Q. Okay. Have you had occasion to seek any 3 Q. All right. I stand corrected. Thank you.
4 counseling or have any symptoms of sleeplessness, mental 4 So, let me rephrase that.
5 distress, depression, that kind of thing as a result of 5 And again, looking at the records that I have
6 the events that you're bringing your lawsuit here for? 6 that you produced, the first position that I see that
7 A. I have not sought any counseling. 7 you submitted something for was the July '09 position at
8 Q. How about suffering any kind of emotional 8 University of Portland. Does that seem right to you
9 distress-type symptoms, as I say, sleeplessness, 9 that that may have been the first or was the first job
10 depression, upset? 10 you applied for?
11 A. Initially, initially, I was -- well, initially, I 11 A. That seems right, yes.
12 did have some issues sleeping. 12 Q. Okay. And are you currently working with
13 Q. And when you say initially, for how long did that 13 Portland Public Schools?
14 occur? 14 A. Yes.
15 A. That occurred for about -- it occurred for about 15 Q. What is that position?
16 a month. 16 A. I'm a Communications Writer for the
17 Q. And describe for me what that was like, what form 17 Communications Department.
18 that took? 18 Q. And is that a position that is just that is an
19 A. My sleeping issues? 19 annual contract?
20 Q. Um-hmm. 20 A. It's essentially a nine-month contract.
21 A. Just not being able to sleep through the night. 21 Q. Okay. So, for the academic 2009/2010 academic
22 Q. How about -- 22 year?
23 A. Which I usually do. 23 A. It was meant to be for that; although, it started
24 Q. Other symptoms, difficulties? 24 late.
25 A. No other symptoms. 25 Q. And is that something that you will be continuing

Page 183 Page 185


1 Q. After you left your employment at the City, how 1 with after the conclusion of this contract?
2 soon did you start seeking other employment? 2 A. There's been no indication that I will be
3 A. Well, I did -- it was within -- let see, within 3 continuing after the conclusion of the contract.
4 six weeks. 4 Q. Is that a position that you could reapply for?
5 Q. And you produced for us documents. And unless 5 A. It's possible that I could reapply for, but
6 you want to, I don't think it's necessary that we mark 6 there's no indication that there will be funding for the
7 all of these, but I'm just going to reference what we 7 position after June.
8 received were documents showing a position you applied 8 Q. Okay. So, that position will continue through
9 for at the University of Portland in July of '09, a 9 June 2010?
10 position you applied for with ODOT in August of '09, a 10 A. Yes.
11 position you applied for at Pepperdine University, also 11 Q. Which is next month?
12 in August of '09, a position you applied for in 12 A. Yes.
13 Multnomah County in September of '09, a position at 13 Q. Do you know what you will be doing in terms of
14 Portland Public Schools in September of '09, and a 14 employment at this point after June 2010?
15 fellowship. I'm not sure exactly when you submitted the 15 A. I don't know, no. I know that at this point I
16 application, but it looks like it was sometime in early 16 will still be looking for work.
17 2010? 17 Q. So I guess you don't have anything lined up for
18 A. Yes. 18 after your current contract is finished at this point?
19 Q. So, in addition to those positions, are there 19 A. Unfortunately not.
20 other positions that you have applied for? 20 Q. All right. Are you looking at and applying for
21 A. No. 21 positions?
22 Q. Okay. So, does that refresh your recollection 22 A. I am looking at positions.
23 that it may have been more like six months instead of 23 Q. All right.
24 six weeks before you applied for another position after 24 A. I am look for positions, I should say.
25 you left the City? 25 Q. Is the position that you're currently in a
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1 full-time position? 1 numbers 10007.
2 A. No. 2 THE WITNESS: Oh, sorry. Nkrumah 10007.
3 Q. Approximately, what percentages of time is it? 3 BY MS. REEVE:
4 A. It is an approximately ten-hour-a-week position. 4 Q. Okay. You can just go ahead and pull that out of
5 Q. When does your compensation and insurance from 5 there.
6 the Oregonian go until? 6 A. Okay.
7 A. It is scheduled through December 31, 2010. 7 Q. Then could you look and see if everything else in
8 * * * 8 there is part of your packet, because I was kind of
9 (Whereupon, Exhibit No. 8 was marked for 9 making assumptions?
10 identification.) 10 Oh, off the record.
11 * * * 11 * * *
12 BY MS. REEVE: 12 (Whereupon, after a discussion off the record, the
13 Q. Okay. I'll hand you what has been marked as 13 proceedings continued, as follows:)
14 Exhibit 8. 14 * * *
15 MR. HANLON: Excuse me. Do we have copies? 15 THE WITNESS: Okay. This appears to be
16 MS. REEVE: Oh, I'm sorry. We do. 16 complete.
17 BY MS. REEVE: 17 BY MS. REEVE:
18 Q. Can you tell me briefly what The John S. Knight 18 Q. Okay.
19 Fellowships is? 19 A. The Exhibit No. 8.
20 A. Yes. It's a professional journalist fellowship. 20 Q. Okay. And after we took out that page everything
21 Yeah, it is. 21 that is left in there relates to?
22 Q. And I kind of when we received your documents we 22 A. The John S. Knight Fellowships application, yes.
23 put or they had numbers on them, and it seemed to me 23 Q. So, if you could, flip to Page 10027, actually,
24 that they were not as I received them necessarily in 24 10028, if you could start, just read through from the
25 order. So I had tried to group them by what went 25 last paragraph on that page, on a personal note, through
Page 187 Page 189
1 together. So, I'm asking for your help. If you could, 1 the end of 10029.
2 look at this and tell me if the materials in there all 2 A. Yes.
3 go together. And in particular there was one document. 3 Q. Okay. Now you wrote that?
4 A. Oh, if everything in here is a part of the John 4 A. I did.
5 Knight Fellowships? 5 Q. And is it accurate?
6 Q. Right. Exactly. And also there was one in 6 A. It is.
7 particular, this 10007 I wasn't sure if it was meant to 7 Q. All right. So, it sounds like 2009 actually
8 be in there. 8 turned out to be a pretty good year for you?
9 MR. HANLON: It looks like it jumps from 7 9 A. Yes.
10 to 22. 10 Q. And is it accurate, as of, it says, on Page
11 MS. REEVE: Yeah, because there was like the 11 10029, that you ended up deciding to take some extended
12 UP stuff was kind of in the middle of it. 12 time off from work rather than to jump into another job?
13 MR. HANLON: Oh, okay. But there wasn't a 13 A. Yes.
14 gap in our production? 14 Q. Okay. And that was a choice you ended up making
15 MS. REEVE: No. 15 that was good for your personal life?
16 MR. HANLON: Okay. 16 A. Yes.
17 THE WITNESS: Okay. I don't know how this 17 Q. And is it accurate that 2009 turned out to be the
18 got in here or why it's in here. 18 best year of your life, adult life?
19 BY MS. REEVE: 19 A. Yes.
20 Q. Okay. 20 Q. Okay. And when you wrote this, this was a
21 A. This has no relevancy to anything. 21 truthful description of your experience with that year?
22 MR. HANLON: When you say that, for the 22 A. Yes.
23 record? 23 Q. Okay. Okay. I think we are just about done.
24 THE WITNESS: This expense report. 24 Just give me a second here.
25 MR. HANLON: Which is we look at these 25 Oh, I know I just want to ask you a few
48 (Pages 186 to 189)

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Wade Nkrumah May 25, 2010

Page 190 Page 192


1 questions. I think we already marked it. I have got 1 recycling paper for printing and Blah, Blah, Blah. And
2 two things. 2 this I was printing some new stuff, and I was going
3 * * * 3 through the pages, and this is randomly what I found,
4 (Whereupon, Exhibit No. 9 was marked for 4 which is why there's only the Page 1 for the materials
5 identification.) 5 that Paul Peterson sent.
6 * * * 6 Q. Okay. And so you weren't keeping the materials
7 BY MS. REEVE: 7 about Ms. Ruiz because of the controversy around her
8 Q. Okay. Mr. Nkrumah, you have been handed what's 8 hiring?
9 been marked as Exhibit 9, and that's some materials I 9 A. No.
10 received yesterday afternoon. If you could look in the 10 Q. Okay. And then the last is if we could look at
11 lower right-hand corner, the numbers there that we were 11 Exhibit 3 again, which is your letter to Mayor Adams,
12 just looking at, there's one that's 20001. And is that 12 dated February 17, 2009.
13 something that reflects of some of the work you were -- 13 A. Okay.
14 some of the projects you were involved with in that 14 Q. And you asked for a six-months severance pay.
15 November/December timeframe? Or, excuse me, now that I 15 And then you mentioned the November and December
16 look at it more carefully myself this is the hiring 16 timeframe and the work you did, your resignation, and
17 process for the new media director that you mentioned 17 his statement to Dan Tilkin. Did you -- and I see you
18 that you oversaw? 18 copied Tom Miller. Did you receive a response from
19 A. Yes. 19 Mayor Adams or Tom Miller to this letter?
20 Q. Okay. And then, I'm sorry, 20002 I think is one 20 A. No.
21 that reflects some of the project that you were talking 21 Q. Did you have a phone conversation with either of
22 about; is that correct? I think you mentioned something 22 them about it?
23 about banners or something? 23 A. No.
24 A. Yes. 24 Q. Okay. So you had no communication with either of
25 Q. And that was in that November/December timeframe; 25 them after you sent this letter?

Page 191 Page 193


1 correct? 1 A. No.
2 A. Yes. 2 MS. REEVE: Okay. I don't have any further
3 Q. All right. And that continues over onto 20003; 3 questions. Thank you.
4 correct? 4 MR. HANLON: Thanks. No questions.
5 A. Yes. 5 * * *
6 Q. Now, I see that Exhibit 20004, 5, 6, and I think 6 (The deposition was concluded at 5:00 p.m.)
7 7 is a dupe, appears to be a cover letter and resume 7 * * *
8 from Amy Ruiz, dated November 3rd, 2008? 8
9 A. Yes. 9
10 Q. And how did you come to be in possession of Ms. 10
11 Ruiz's letter to Mr. Miller and resume? 11
12 A. Tom gave that to me as part of a media request. 12
13 Q. And was that something that you then produced to 13
14 the media? 14
15 A. Yes. 15
16 Q. Okay. How did you happen to have it when you 16
17 left the City? 17
18 A. How did I happen to have it when I left the City? 18
19 Q. Right. 19
20 A. It was a part of recycling materials. 20
21 Q. Did you have other recycling materials that you 21
22 still have in your possession? 22
23 A. This is it. I would, you know, stuff that I 23
24 didn't use anymore that I felt that was just, you know, 24
25 that I recycle, I would take it home and use it as 25
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Wade Nkrumah May 25, 2010

Page 194 Page 196


1 (N.B.: As a matter of State regulation, the 1 DEPOSITION OF WADE NKRUMAH
2 stenographic notes of this transcript will be 2 (Reporter: Jennifer L. James)
3 destroyed five years from the date appearing on 3 I have read the foregoing transcript and have
4 the following certificate, unless notice is 4 made the following additions or corrections:
5 received otherwise from any party or counsel 5
6 thereto on or before said date of the 25th of 6 Page Line Change
7 May, 2014.) 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
15 15
16 16
17 17 ____________________________________________
18 18 Subscribed and sworn to before me this
19 19 __________ day of ____________________, 2010.
20 20
21 21 Notary Public for Oregon
22 22 My Commission expires:
23 23
24 24
25 25
Page 195
1 CERTIFICATE
2 I, Jennifer L. James, do hereby certify that Wade
3 Nkrumah personally appeared before me at the time and
4 place mentioned in the caption herein; that the witness
5 was by me first duly sworn on oath, and examined upon
6 oral interrogatories propounded by counsel; that said
7 examination, together with the testimony of said
8 witness, was taken down by me in stenotype and
9 thereafter reduced to typewriting; and, that the
10 foregoing transcript, Pages 1 to 196, both inclusive,
11 constitutes a full, true and accurate record of said
12 examination of and testimony given by said witness, and
13 of all other proceedings had during the taking of said
14 deposition, and of the whole thereof, to the best of my
15 ability.
16 Witness my hand at Portland, Oregon, this 14th day of
17 June, 2010.
18
19
20
21 _______________________________
22 Jennifer L. James
23 Registered Professional Reporter
24
25
50 (Pages 194 to 196)

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