824

1 BEFORETHESELECTINVESTIGATIVECOMMITTEE

2 STATEOFWYOMINGHOUSEOFREPRESENTATIVES

3 ------

4 In the matter of the investigation into issues relating to 5 budgetary and administrative activities within the Department of Education and the Office of Superintendent of 6 Public Instruction, including issues identified by the Governor's Inquiry Team Report regarding the Wyoming 7 Department of Education dated June 13, 2013 and subsequent reports released or resulting from that inquiry. 8 ------9

10

11 TRANSCRIPTOFHEARINGPROCEEDINGS

12 VOLUMEIII **NONCONFIDENTIAL** 13

14 PURSUANT TO NOTICE duly given to all

15 parties in interest, this matter came on for hearing

16 on the 8th day of January, 2014, at the approximate

17 hour of 8:00 a.m., at the Wyoming State Capitol

18 Building, Room 302, 123 Capitol Avenue, Cheyenne,

19 Wyoming, before the Select Investigative Committee,

20 with Speaker Tom Lubnau presiding, and Representatives

21 Mark Baker, Gregg Blikre, , ,

22 , Michael Madden, Glenn Moniz, John Patton, Ruth

23 Petroff, , and

24 Dan Zwonitzer in attendance.

25

Wyoming Reporting Service, Inc. 1.800.444.2826 825

1 APPEARANCES

2 Special Counsel: MR. BRUCE SALZBURG Special Counsel 3 CROWELL&MORINGLLP 205 Storey Boulevard, Suite 120 4 Cheyenne,Wyoming82009

5 MR.ROBERTC.JAROSH MR.KHALELENHART 6 SpecialCounsel HIRSTAPPLEGATE,LLP 7 1720CareyAvenue Suite 400 8 Cheyenne,Wyoming82001

9 INDEX 10 PAGE

11 WITNESSES: 12 ANGELABENNER 13 Examination-Mr.Salzburg 289

14 EXAMINATION BY THE COMMITTEE RepresentativeStubson 855 15 RepresentativeZwonitzer 857,862 RepresentativeThrone 859 16 RepresentativePatton 861 SpeakerLubnau 863 17 WILLIAMDAVIDPANNELL 18 Examination-Mr.Salzburg 869,908

19 EXAMINATION BY THE COMMITTEE RepresentativeBaker 896 20 RepresentativeZwonitzer 896,898,926 RepresentativeThrone 898,985 21 SpeakerLubnau 900,902,927 RepresentativeMoniz 901 22 RepresentativeDavison 902

23

24

25

Wyoming Reporting Service, Inc. 1.800.444.2826 826

1 INDEX(CONTINUED) PAGE 2 WITNESSES (Cont.):

3 TERI LYNN WIGERT Examination-Mr.Salzburg 932 4 EXAMINATIONBYTHECOMMITTEE 5 RepresentativeMadden 979 RepresentativeStubson 982 6 RepresentativeZwonitzer 984,996 RepresentativeThrone 985 7 SpeakerLubnau 986,997

8 CYNTHIA JO Hill Examination-Mr.Salzburg 1000 9 EXAMINATIONBYTHECOMMITTEE 10 RepresentativeStubson 1091 RepresentativeZwonitzer 1099 11 SpeakerLubnau 1102

12 ***Pages 875 through 907 are confidential and bound 13 and sealed in a separate transcript

14

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Wyoming Reporting Service, Inc. 1.800.444.2826 827

1 PROCEEDINGS

2 (Hearing proceedings reconvened

3 8:00 a.m., January 8, 2014.)

4 SPEAKER LUBNAU: We are back on the record.

5 Mr. Salzburg, call your next witness.

6 MR. SALZBURG: Thank you, Mr. Speaker.

7 We'll call Superintendent Hill, please.

8 SPEAKER LUBNAU: Superintendent Hill, did

9 you receive the initial advisement with the subpoena?

10 SUPERINTENDENT HILL: Mr. Speaker, yes.

11 SPEAKER LUBNAU: Did you read it?

12 SUPERINTENDENT HILL: Yes.

13 SPEAKER LUBNAU: Did you understand it?

14 SUPERINTENDENT HILL: Yes.

15 SPEAKER LUBNAU: Do you have any questions?

16 SUPERINTENDENT HILL: I do not.

17 SPEAKER LUBNAU: Okay. Would you rise and

18 raise your right hand.

19 SUPERINTENDENT HILL: Yes.

20 (Witness sworn.)

21 SPEAKER LUBNAU: Mr. Salzburg.

22 SUPERINTENDENT HILL: Mr. Speaker, before

23 we begin, Mr. Salzburg. Mr. Speaker, yesterday you

24 released me from my subpoena, and as you can see, I'm here

25 voluntarily today. I rearranged my schedule so I can be

Wyoming Reporting Service, Inc. 1.800.444.2826 828

1 here until 5:00 today. Five o'clock today would be the

2 full amount of time that the hearings were scheduled to

3 run, and I make a request to be able to in some fashion

4 respond to all witnesses with sworn testimony.

5 Yesterday was a good example of a sliver of

6 information used as a misrepresentation. I don't want that

7 to happen again. I want a set of full facts on the table.

8 So I would suggest that other witnesses that do go after me

9 today that I have an opportunity to also respond to them

10 today.

11 REPRESENTATIVE GREEAR: Mr. Speaker.

12 SPEAKER LUBNAU: Representative Greear.

13 REPRESENTATIVE GREEAR: In light of that,

14 in order to accommodate the superintendent, I would prefer

15 we switch back to our other schedule and take the other

16 witnesses and then let the superintendent respond at the

17 end. If that's what she wants to do, that's fine with me,

18 and I would prefer that for the efficiency of these

19 proceedings.

20 SPEAKER LUBNAU: Counsel, are we prepared

21 with other witnesses?

22 MR. SALZBURG: We are.

23 SPEAKER LUBNAU: All right. Okay. Call

24 your next witness, Counsel.

25 MR. SALZBURG: Mr. Pannell -- wait a

Wyoming Reporting Service, Inc. 1.800.444.2826 829

1 second. Angela Benner. We had originally scheduled Angela

2 Benner to be the last of the witnesses prior to

3 Superintendent Hill. I'm advised that Ms. Benner has to go

4 to Riverton for Leadership Wyoming today. And so if it's

5 okay with everybody, I'm going to call her now.

6 SPEAKER LUBNAU: Call your next witness,

7 Counsel.

8 MR. SALZBURG: We'll call Angela Benner.

9 SPEAKER LUBNAU: Miss Benner, did you

10 receive the initial advisement with your subpoena?

11 THE WITNESS: Mr. Chairman, I did.

12 SPEAKER LUBNAU: Do you have any questions

13 regarding that advisement?

14 THE WITNESS: No.

15 SPEAKER LUBNAU: And you understand?

16 THE WITNESS: I do.

17 SPEAKER LUBNAU: Would you please rise and

18 raise your right hand.

19 (Witness sworn.)

20 SPEAKER LUBNAU: Thank you.

21 Counsel.

22 MR. SALZBURG: Thank you, Mr. Speaker.

23 ANGELABENNER,

24 called for examination by the Select Investigative

25 Committee, being first duly sworn, on her oath testified as

Wyoming Reporting Service, Inc. 1.800.444.2826 830

1 follows:

2 EXAMINATION

3 Q. (BY MR. SALZBURG) Ma'am, would you state your

4 full name, please.

5 A. Angela Benner.

6 Q. Miss Benner, have you been in the room during the

7 hearings yesterday and the day before?

8 A. No. I was listening to it over the Internet on

9 and off.

10 Q. Okay. Well, let me give you some short

11 guidelines for your testimony here today. First, with

12 regards to who is asking the question, you're entitled to

13 know and understand what the question asked is. So if I or

14 anybody else asks a question, will you, if you don't

15 understand for any reason, please ask us to rephrase, and

16 we'll be able to do that.

17 Second, there's a court reporter who is sitting

18 right here in front of me who is taking down your testimony

19 today as well as my questioning and everybody else's

20 questioning. It's important, therefore, that we don't talk

21 over each other. So if you'll let the question be fully

22 asked before you start your answer, we'll try to remember

23 to let you fully answer before we ask the next question,

24 okay?

25 A. Yes.

Wyoming Reporting Service, Inc. 1.800.444.2826 831

1 Q. And in normal day-to-day communication, everybody

2 nods and shakes their heads and says uh-huh and huh-uh. It

3 will be much clearer, if you are asked a yes or no

4 question, that you answer audibly with a yes or no

5 response.

6 A. Okay.

7 Q. If you forget to do that, I'm going to remind you

8 to do that, all right?

9 I'm told that you need to get the microphone a

10 little closer to you so he can hear you.

11 A. Is that better?

12 Q. Ms. Benner, how are you currently employed?

13 A. I'm currently the human resource manager for the

14 Department of Administration and Information.

15 Q. Can you summarize your employment history for us?

16 A. I've been in human resources since 1999. I was

17 back in D.C. the human resource director for the American

18 Trucking Association, then I was in Phoenix the human

19 resource director and part of the executive team for the

20 Arizona Kidney Disease and Hypertension Center. I've

21 currently been with the State a little less than six years.

22 I started with A&I in the human resource division, then I

23 was the human resource manager for the Department of Family

24 Services for almost three years, and I've been back at A&I

25 since March of 2013.

Wyoming Reporting Service, Inc. 1.800.444.2826 832

1 Q. And, Miss Benner, what's your educational

2 background?

3 A. I have a Bachelor of Science from the University

4 of North Carolina in Greensboro in management and

5 marketing.

6 Q. Any other post-grad work?

7 A. No, other than I'm going through Leadership

8 Wyoming right now.

9 Q. I'd like to direct your attention to early

10 February of 2012 and the request that you conduct an

11 investigation into allegations that were made by Peg Brown-

12 Clark when she resigned her position as the division

13 director of the Wyoming Department of Education. Do you

14 recall that investigation?

15 A. I do.

16 Q. Who asked that the investigation be done?

17 A. I was approached by Megan Meisen and Liz Gagen,

18 and then I had a request in the form of a letter from Cindy

19 Hill to conduct the investigation.

20 Q. And what was the purpose of the investigation?

21 A. Originally, it was to look into some employee

22 complaints coming out of employees from the Riverton

23 office, I believe, and it turned into something a little

24 bit more involved than that.

25 Q. After your -- your answer suggests that at some

Wyoming Reporting Service, Inc. 1.800.444.2826 833

1 point in time the scope of your investigation changed?

2 A. Correct.

3 Q. Tell us about the scope of your investigation as

4 you performed the investigation.

5 A. Well, originally I was brought into the Hathaway

6 basement for a meeting with the Department of Education

7 employees when they came out from Riverton, and at that

8 time it was communicated to the employees that they could

9 speak with me, that I was being brought in to hear any

10 complaints.

11 I did have quite a few employees from the

12 Hathaway Building come and talk to me. So at that point I

13 asked if I could -- they were talking to me about some

14 other concerns regarding recruitment processes and at-will

15 letters and some other personnel information. So I had

16 asked if I could expand the scope of my investigation and

17 look at personnel files and improvement files and the PAIL,

18 which is the payroll report.

19 Q. Can you summarize for us the nature of the

20 complaints that were made by the employee?

21 A. I can.

22 Q. Just for clarification, have you brought your

23 files with you today to refer to if you need to?

24 A. I have.

25 Q. Go ahead.

Wyoming Reporting Service, Inc. 1.800.444.2826 834

1 A. So the original allegations that I looked into,

2 five classified employees alleged that they signed at-will

3 letters. There are allegations that the highest scored

4 applicant was not always hired during the recruitment

5 process.

6 There was the appearance -- allegation of the

7 appearance that recruitments were not competitive and

8 preselection was occurring; an allegation that a contractor

9 was hired under a contract while dating an education

10 employee, and that education employee ended up indirectly

11 supervising the contractor, and then by the time the

12 education employee was supervising the contractor, they

13 were married.

14 Q. Did you complete your investigation?

15 A. I did.

16 Q. And did you prepare a report of your findings?

17 A. I did.

18 Q. What did you do with the report?

19 A. My normal process and what I did with this

20 process is I computer rough-drafted the report, and I

21 submit that to the AG's office for review. At that point

22 it was Liz Gagen. Liz and I reviewed it. At that point I

23 made some edits because the rough draft a lot of times

24 contains information that was not substantiated or there

25 wasn't enough information to fully come to a conclusion.

Wyoming Reporting Service, Inc. 1.800.444.2826 835

1 So I edited it and completed my final report and submitted

2 it to John Masters.

3 Q. This has been a point of confusion, I think. Was

4 your draft report given to Cathy MacPherson?

5 A. Both copies of my report were given to Cathy

6 MacPherson.

7 Q. Okay. So let's see if we can clarify what

8 happened. As a result of the Attorney General's Office

9 review of your draft report, was the report modified?

10 A. Yes, it was.

11 Q. In what way?

12 A. There were three allegations, one that I didn't

13 have any information at all, and so my report was not

14 completed in the first draft. There were two other

15 allegations that did not have any -- enough information to

16 really come to any conclusions or determined if anything

17 had happened. So those three came out.

18 Q. Did you agree with the suggested modifications by

19 Ms. Gagen?

20 A. I did.

21 Q. And when you prepared the final report, to whom

22 did you give it?

23 A. That was given to John Masters.

24 Q. And did you meet with Mr. Masters regarding your

25 findings?

Wyoming Reporting Service, Inc. 1.800.444.2826 836

1 A. We did.

2 Q. If you'll look at that looseleaf notebook in

3 front of you, you should find a tab with your name on it

4 toward the back, if you can find under your name Exhibit 1.

5 Do you have it?

6 A. Yes, I do.

7 Q. Does that appear to be the final report that you

8 made to Mr. Masters?

9 A. Yes, it does.

10 Q. And for the record, has that report been redacted

11 to delete names of individual employees and other

12 confidential information?

13 A. Yes, it has been redacted.

14 Q. So, to your knowledge -- it's my understanding

15 that in July the confidential report by Cathy MacPherson

16 was released on the request of one or more Wyoming news

17 outlets. Are you aware of that report?

18 A. I am aware of that.

19 Q. And does the report that now is Exhibit 1 match

20 the information that was publicly disclosed to the media?

21 A. It's been a while since I've looked at that. I

22 believe it does.

23 Q. All right. You can reference that report, if you

24 wish, or you can do it from your memory. Your choice. Can

25 you summarize the findings that you made in your final

Wyoming Reporting Service, Inc. 1.800.444.2826 837

1 report?

2 A. I did. And for the first allegation, I did find

3 it to appear that at least five classified employees were

4 required to sign at-will letters upon hire, which was in

5 conflict with an Attorney General's opinion letter that had

6 previously been received.

7 I also did find that more likely than not that

8 the highest scored applicant was not always hired. I did

9 find that education recruitments were not always

10 competitive, and it appeared that certain people were being

11 preselected to fill the vacancies. And I also found

12 that -- oh, there's still an initial here -- the employee

13 was at one point being indirectly supervised by her spouse.

14 Q. Do you know why you were -- at the time you were

15 the human resource manager for the Department of Family

16 Services, correct?

17 A. That's correct.

18 Q. Did the Department of Education have a human

19 resource manager?

20 A. They did, Megan Meisen.

21 Q. And do you know why you were asked to perform

22 this investigation as opposed to the in-house HR manager?

23 A. Well, it's not unusual to be -- to partner with

24 other agencies for investigations. There's not that many

25 HR professionals in the state who can conduct personnel

Wyoming Reporting Service, Inc. 1.800.444.2826 838

1 investigations, and often when it's a larger scope and

2 involves a good portion of the agency, we'll ask other HR

3 professionals outside of the agency to come in and be a

4 more neutral factfinder.

5 It's not the first time I've done that.

6 Currently I do human resources for ten agencies. So I do

7 partner with a lot of different agencies even right now.

8 Also, their HR manager was relatively new and did

9 not have a lot of human resource experience and did not

10 know how to conduct the investigation, I believe, of this

11 scope.

12 Q. When you conducted your investigation, did any of

13 the employees express any concerns to you about potential

14 retaliation for any complaints that they made?

15 A. They did.

16 Q. Can you give us some estimate of the number of

17 employees who had that concern?

18 A. I would say a good majority of them. A lot of

19 them came to me as partners. They did not want to come

20 alone. They wanted to meet in my office. I'm on a

21 different floor. So they didn't want to be seen talking

22 with me. I --

23 Q. Go ahead.

24 A. I would say that's not particularly unusual when

25 you're conducting an investigation of that size.

Wyoming Reporting Service, Inc. 1.800.444.2826 839

1 Q. You mentioned that the Department of Education HR

2 manager was new, relatively inexperienced. First of all,

3 what's the basis for that comment? How do you know that?

4 A. She had talked with me quite a bit. She would

5 call me even prior to the investigation, just ask me basic

6 human resource questions, such as how are personnel files

7 kept, how do you handle ADA, that sort of thing, basic

8 human resource functions.

9 Q. Are those functions something that you would

10 expect a human resource professional to be trained in?

11 A. Yes, especially if they're the supervisor or

12 manager level.

13 Q. Do you know what was done about the formal

14 findings that you made in your report?

15 A. After I presented them to John Masters?

16 Q. Yes.

17 A. I'm not officially aware. I do know I ran into

18 some Department of Education employees after the

19 investigation because I had worked in the same building as

20 them, and they were under the opinion that I would be

21 continuing to follow up with them after the investigation

22 was completed, but that was not part of my role. So I do

23 not -- according to them, they were never followed up with,

24 but I do not know officially.

25 Q. In your view as a human resource professional,

Wyoming Reporting Service, Inc. 1.800.444.2826 840

1 who is responsible to address the findings that you made?

2 A. That's one of the -- a good question because we

3 don't -- the State does not have a formal investigation

4 process. I could tell you what my normal process would be,

5 which is not a formal process. Is that what you would like

6 me to talk about?

7 Q. No. My question is really what did you expect to

8 happen as a result of the findings in your investigation?

9 A. I would have expected that follow-up letters

10 would have gone out to each of the employees that had

11 participated in the investigation. If that was not clear

12 and that had remained confidential, I would have expected

13 an overall statement to go out to all employees that the

14 investigation had been concluded and things were

15 substantiated or not. And then if -- in a very broad

16 statement, if any personnel concerns had come up, they

17 would be addressed individually.

18 Q. And who, in your opinion, should have taken those

19 actions?

20 A. That would usually come from the human resource

21 manager or occasionally the director.

22 Q. The director is who?

23 A. For the education, it would have been the

24 superintendent, but most often, it would come from the

25 human resource manager.

Wyoming Reporting Service, Inc. 1.800.444.2826 841

1 Q. Do you know whether Mr. Masters ever shared your

2 report with the superintendent?

3 A. I do not know.

4 Q. So there's an investigation that you did. There

5 were findings that you made. You suggested that there were

6 problems in the agency, correct?

7 A. Correct.

8 Q. And so far as you are aware from subsequent

9 comments from the employees of the Department of Education,

10 there was nothing ever done.

11 A. That's how it would appear, yes.

12 Q. One of the functions of this committee is to

13 consider potential legislative responses to problems that

14 are identified as a result of this hearing. Do you have

15 any view about what might be done to try and see that this

16 kind of thing is properly addressed?

17 A. I do have an opinion about that. There is a

18 problem right now that there is a very small handful of

19 human resource professionals who can conduct

20 investigations, and it becomes a very awkward situation

21 when you -- for example, if you are conducting an

22 investigation of your own agency that's agencywide, it

23 becomes very awkward to continue to have a human resource

24 relationship with those employees when you are conducting a

25 very uncomfortable investigation into them. And it also

Wyoming Reporting Service, Inc. 1.800.444.2826 842

1 happens that those of us who do conduct the investigations,

2 it becomes a full-time job where we're out doing

3 investigations quite a bit.

4 So it might not -- I know some ideas have been

5 tossed around about -- just casual talk about maybe having

6 the investigative team for personnel within the state

7 wherever that would end up being housed.

8 Q. All right. Now I'd like to direct your attention

9 to the time frame around January 23rd of 2013. Do you

10 recall the events of that day?

11 A. I do.

12 Q. What happened?

13 A. Can I get out my notes on that one?

14 Q. You can.

15 A. So on that day, I was called again by my director

16 at the time, Steve Corsi, and was asked to go down to the

17 Department of Education, that they needed my assistance

18 with another investigation.

19 So I did go down and met with Cindy Hill and Sam

20 Shumway, and there was a letter that had been given out

21 to I believe it was Representative Lubnau from an employee

22 at education talking about external accountability in

23 Senate File 104. And at that point to be -- I don't -- was

24 not following the news at that point. I'd been in the news

25 so much, I was trying to not listen to that anymore, and I

Wyoming Reporting Service, Inc. 1.800.444.2826 843

1 didn't realize everything -- I knew what was happening in

2 education, but I didn't know what was happening on that

3 particular day. So I found out that that was the day that

4 they were getting ready to vote for Senate File 104.

5 But they had asked -- they said that there had

6 been a meeting in -- oh, was it November? There had been a

7 meeting prior, earlier at the Department of Education where

8 they had had a video shown in a meeting that involved a

9 video by a gentleman named Dr. Fullan. I am not sure. I

10 think it was F-u-l-l-a-n, I believe. And it was about

11 external accountability, and Cindy Hill and Sam Shumway had

12 asked me if I would interview some of the employees who had

13 been at that meeting and talk with them.

14 I was on my way to another meeting, so I asked if

15 I could come back up later in the afternoon and meet with

16 them and prepare for that.

17 So I did go back down to Family Services and then

18 came back up later to education, and I went back into Sam

19 Shumway's office and I met with Cindy Hill. She had a list

20 of people ready for me to question, and she had questions

21 for me to ask, and then she left the office and sent the

22 first employee into me and into Sam Shumway's office.

23 Q. Okay. Let's stop there. At the time -- we've

24 already heard testimony from Beth VanDeWege about the

25 letter that I think you're referring to that was sent to

Wyoming Reporting Service, Inc. 1.800.444.2826 844

1 Speaker Lubnau. At the time that you were asked to come

2 and assist with this investigation, were you aware of what

3 that letter said?

4 A. I did not read the letter at that time.

5 Q. Were you aware at the time that the legislature

6 was in session and was considering Senate File 104?

7 A. No. Later in the day I became aware of that,

8 though.

9 Q. So you said you were asked to pose some questions

10 to the individual employees who had been marshalled for you

11 to interview?

12 A. Correct. At that time I didn't realize they were

13 being gathered. I knew that they were going to be sent

14 down to me, but I thought it would be one on one.

15 Q. Okay. So who prepared the questions that you

16 were supposed to ask of these employees?

17 A. Cindy Hill gave -- recommended the questions to

18 me. I did not see that there was an issue with any of the

19 questions, so I used those questions.

20 Q. And what were the questions?

21 A. Okay. So those questions were -- let me go to

22 those. You do remember the day Superintendent Hill met

23 with a group and showed a video of Dr. Fullan. Do you have

24 any concerns? And what did you hear Superintendent Hill

25 say?

Wyoming Reporting Service, Inc. 1.800.444.2826 845

1 Q. Where were the interviews conducted?

2 A. The first one was in Sam Shumway's office, and

3 after that I moved into Cindy Hill's office, on the couch

4 in her office.

5 Q. And where were the employees who were to be

6 interviewed?

7 A. Are you asking me at that moment what was I aware

8 of or what did I later find out where the employees were?

9 Q. Both.

10 A. At that point I thought employees were being

11 called from their offices one at a time to come down and

12 talk with me, but I later found out that they were lined up

13 in the hall outside of the office.

14 Q. Was anybody with the employees when they were

15 lined up in the hallway?

16 A. There were. Jerry Zellars and Kevin Lewis and

17 Cindy Hill. I'm not sure how long they were all in the

18 hall, but they were on and off in the hall while the

19 employees were standing there.

20 Q. While you were conducting the interviews, did

21 Superintendent Hill enter her office?

22 A. She did on two different occasions while I had

23 employees in there.

24 Q. Did you understand that your interviews of these

25 employees should have been conducted just one on one?

Wyoming Reporting Service, Inc. 1.800.444.2826 846

1 A. Yes.

2 Q. Is that a common HR technique?

3 A. To interview -- conduct interviews just one on

4 one? Yes.

5 Q. Yes. Was it disturbing to you in any way that

6 the employees ended up lined up in the hallway waiting to

7 come in and see you?

8 A. I was concerned because it made the employees a

9 little bit more reluctant to talk to me, and it didn't feel

10 very confidential to them.

11 Q. When you arrived at the superintendent's office,

12 do you recall what Superintendent Hill was doing?

13 A. The first time or the second time?

14 Q. Let's talk about both.

15 A. The first time it was just Superintendent Hill

16 and Sam Shumway in Sam Shumway's office just waiting for

17 me.

18 Q. When was the second time? Explain, first of all,

19 when the second time occurred.

20 A. The second time was when I came up after my

21 meeting to get the list of questions and who I'd be meeting

22 with and start talking with the employees.

23 Q. Okay.

24 A. And at that time Superintendent Hill was upset.

25 She was talking with somebody on the phone, somebody from

Wyoming Reporting Service, Inc. 1.800.444.2826 847

1 up on the hill here with the name of Gary, but I don't know

2 who it was, what the last name was, and I don't know what

3 piece of the legislation it was from.

4 Q. Did you come to some conclusion regarding why you

5 were brought in to conduct these interviews?

6 A. This would just be my opinion.

7 Q. Uh-hum.

8 A. I felt that I was trying to get some -- well, I

9 don't know if I was trying to get this information or that

10 it was hopefully going to come out that there was some

11 information to counteract what was stated in that letter.

12 Q. And the letter you're referring to is the one

13 from Miss VanDeWege?

14 A. Miss VanDeWege.

15 Q. What did you find out from the employees that you

16 interviewed?

17 A. I can tell you their overall concerns. Most

18 of -- a good majority of the employees felt that the

19 meeting was held in response to something going on in the

20 media. It was a last-minute e-mail -- a last-minute

21 meeting with an e-mail sent out a little before 11:00 for

22 an 11:00 a.m. meeting on that day.

23 The reason is -- I'll just read a little bit here

24 if you don't mind as what came out of it. The reason

25 that --

Wyoming Reporting Service, Inc. 1.800.444.2826 848

1 THE REPORTER: Can you start over?

2 A. Of course. Most employees believed that the

3 meeting was held in response to something going on in the

4 media. It was a last-minute meeting with an e-mail sent

5 out a little before 11:00 a.m. for an 11:00 a.m. meeting.

6 The recent history of media events and the background to

7 how these came to be were discussed.

8 The employees also believed it was to educate the

9 employees and help with fragmentation. They also believed

10 that the intent of the meeting was to help show employees

11 how efforts were being made to fix this fragmentation.

12 Other employees believed that the intent was to

13 justify Superintendent Hill's actions that employees were

14 not happy and that Superintendent Hill supported the

15 content of the video and wanted to continue these teachings

16 in Wyoming.

17 Also during this meeting employees were asked to

18 stand up and move forward a step for each pledge that they

19 responded yes to. These pledges included pledges to

20 support leadership and Superintendent Hill.

21 Once all employees moved forward, the group held

22 hands. The employees were not comfortable and felt that

23 the pledges and the hand holding were inappropriate and

24 awkward.

25 The employees did go around and introduce

Wyoming Reporting Service, Inc. 1.800.444.2826 849

1 themselves and spoke of their function in the agency, and

2 they did enjoy that piece.

3 So those were the overall comments that came out

4 of my investigation that day.

5 Q. (BY MR. SALZBURG) And for clarity, is what you

6 just read your work?

7 A. Yes.

8 Q. Did Mr. Shumway ask you to provide a summary of

9 your report of your interviews?

10 A. He did.

11 Q. Anddidyoudothat?

12 A. Idid,butnotinitially.

13 Q. Andwhynotinitially?

14 A. My normal process as I did in the first

15 investigation was to go through the Attorney General's

16 Office before I submit anything to the agency. And I was

17 asked at that point not to go to the attorney general, and

18 I was not comfortable with that. So I did not submit the

19 documentation at that time.

20 I did at that point contact Liz Gagen because

21 that is my normal process, and she did help me prepare

22 something to send over at that time.

23 Q. Do you know what Sam Shumway's position was at

24 the Department of Education?

25 A. Legalcounsel.

Wyoming Reporting Service, Inc. 1.800.444.2826 850

1 Q. Did he -- who was it that asked you not to share

2 that information with the Attorney General's Office?

3 A. That was Sam Shumway.

4 Q. Did he tell you why he didn't want you to share

5 that information with the Attorney General's Office?

6 A. He told me that they would go ahead and review

7 the information I sent over and then decided if it needed

8 to be shared with the AG's office.

9 Q. So what did you do?

10 A. I went ahead and contacted Liz Gagen at the

11 Attorney General's Office.

12 Q. And did you ultimately prepare at least a short

13 summary report to Mr. Shumway?

14 A. I did. It was that e-mail, and that is what I

15 just read to you.

16 Q. Okay. I wasn't aware that you were reading from

17 the e-mail. Would you look at in the exhibit book Benner

18 Exhibit 2?

19 A. Yes.

20 Q. Okay. And so these are your conclusions that you

21 shared with Sam Shumway?

22 A. Correct.

23 Q. Did you have any further conversation with

24 Mr. Shumway about that e-mail?

25 A. I did. At this time I took notes of every

Wyoming Reporting Service, Inc. 1.800.444.2826 851

1 conversation so that I was very clear. So what happened

2 next, on January -- let me see what day it was -- January

3 28th I was out of the office. I was working but outside of

4 the office that day, and Sam Shumway and Megan Meisen, who

5 became Megan Harper, came down to my office to see me, and

6 I was not there. So Sam called me on my cell phone. Would

7 you like me to state what that conversation was about?

8 Q. Yes, yes.

9 A. So he stated that they did not agree with part of

10 my summary in the e-mail when I wrote that employees were

11 uncomfortable pledging to support leadership and

12 Superintendent Hill. He stated that he was at that meeting

13 and felt that it was more of a promise to serve the

14 children of Wyoming, and I let him know that this was not

15 my opinion or my wording, that this was just the summary of

16 what the employees I had spoken with had spoken about in my

17 summary of what my meetings had contained.

18 Shumway said that Superintendent Hill was quite

19 upset about this and that I did not need to move forward

20 with any steps, that this was the end of my involvement.

21 Q. Did he suggest to you that you needed to change

22 your summary about what the employees told you?

23 A. He did not say those exact words to me, no.

24 Q. The answer suggests that you had the opinion.

25 A. It felt that way to me. But that's not exactly

Wyoming Reporting Service, Inc. 1.800.444.2826 852

1 what he said.

2 Q. Did you change your summary in any way?

3 A. No.

4 MR. SALZBURG: Thank you, Mr. Speaker.

5 That's all I have for Miss Benner. Do you want me to ask

6 the basic questions from Superintendent Hill?

7 SPEAKER LUBNAU: Please.

8 MR. SALZBURG: Thank you. If I could find

9 them.

10 Q. (BY MR. SALZBURG) Miss Benner, the

11 superintendent was given an opportunity to provide

12 questions that she wants all witnesses to answer.

13 Are you familiar with the penalties for perjury

14 and that you are subject to those penalties should you

15 provide false testimony?

16 A. Yes.

17 Q. Did you speak to anyone prior to today about your

18 testimony before this committee, including Mr. Jarosh,

19 Mr. Salzburg, or representatives from their firms, members

20 of the legislature or other staff or employees of the

21 State, such as the Governor's Office or the Wyoming

22 Department of Education regarding these proceedings today

23 or Senate File 104?

24 A. I have spoken with you, Bruce Salzburg. On

25 November 26th, I met with you for two hours, and you called

Wyoming Reporting Service, Inc. 1.800.444.2826 853

1 me prior to that to set up that meeting. And I also spoke

2 with you on December 30th for an hour and a half, and what

3 we spoke about was what we've spoken about today. I've

4 also spoken with the Attorney General's Office a little bit

5 when I've had questions about some information I was

6 talking about --

7 Q. Okay.

8 A. -- with Liz Gagen.

9 Q. All right. I don't want you to talk about

10 conversations that you had with Liz Gagen if they related

11 to attorney-client advice, all right?

12 A. Yes.

13 Q. But your conversations with me, can you describe

14 those in detail?

15 A. In our first meeting I brought in all of my

16 documentation, and you asked me some questions about some

17 of the information I had provided through the original

18 subpoena through Dean Fausset, and I answered questions

19 about that. That was our first two-hour meeting.

20 And then our second meeting on December 30th was

21 just to talk with me a little bit about that I would --

22 that I was going to be testifying and to talk with me a

23 little bit about that.

24 Q. Did the attorneys or their representatives

25 instruct you that your testimony must be truthful and, if

Wyoming Reporting Service, Inc. 1.800.444.2826 854

1 based on speculation, conjecture or opinion, must be stated

2 as such?

3 A. You asked me if I was aware that I would be under

4 oath, and I said yes. And you asked me if I knew what that

5 meant, and I said yes.

6 Q. Are you in possession of documented evidence

7 related to your testimony?

8 A. Yes, I am.

9 Q. Have you provided those documents to the

10 committee and the superintendent?

11 A. I have provided them to the committee through a

12 subpoena and also through the MacPherson report.

13 Q. Do the statements attributed to you in the

14 MacPherson report accurately reflect your testimony to that

15 committee?

16 A. Yes.

17 Q. Do you affirm under oath all of the statements

18 attributed to you in the MacPherson report?

19 A. Yes.

20 MR. SALZBURG: I'm finished. Thank you,

21 Mr. Chairman.

22 REPRESENTATIVE STUBSON: Thank you,

23 Mr. Salzburg. Unless you want to take over.

24 REPRESENTATIVE THRONE: He left me in

25 charge --

Wyoming Reporting Service, Inc. 1.800.444.2826 855

1 REPRESENTATIVE STUBSON: Okay.

2 REPRESENTATIVE THRONE: -- believe it or

3 not.

4 Mr. Salzburg, were there any topics with this

5 witness that required executive session?

6 MR. SALZBURG: I spoke briefly with

7 Miss Benner beforehand. We had redacted all the

8 information from the report that might be confidential. I

9 did that in consult with the Attorney General's Office. I

10 advised Ms. Benner before I asked her to come and testify

11 that if we got into questions related to specific employees

12 that she was not to identify them by name. If the

13 committee is going to ask questions about particular

14 employees by name, then we may have to go into executive

15 session.

16 REPRESENTATIVE THRONE: Committee, any

17 questions for this witness? Representative Stubson.

18 REPRESENTATIVE STUBSON: Thank you, ma'am.

19 EXAMINATIONBYTHECOMMITTEE

20 Q. (BY REPRESENTATIVE STUBSON) Chairman and

21 Ms. Benner. Just a couple of questions about this -- the

22 meeting and the interviews that you did in January. The

23 list of questions that you were given, I'm just curious if

24 that is a common practice when you do an investigation that

25 you're given a script of questions or are you usually given

Wyoming Reporting Service, Inc. 1.800.444.2826 856

1 issues to look into? How does that typically work?

2 A. Madam Chairman. Representative Stubson, normally

3 I would develop those questions myself based upon the

4 issues and then develop additional questions as the

5 interview went on.

6 Q. Madam Chairman and Ms. Benner, in this particular

7 case when you conducted the interviews, did you develop

8 your own questions as you went along or did you kind of

9 stick with that script that was provided to you by the

10 superintendent?

11 A. Madam Chairman. Representative Stubson, I just

12 stuck with the questions that I had been given.

13 Q. Madam Chairman and Ms. Benner, did employees

14 voluntarily go beyond that during their time with you? Did

15 they provide you additional information or did you find

16 that they stuck pretty close with that?

17 A. Madam Chairman. Representative Stubson, some

18 employees did go above and beyond that. There were some

19 employees that I had met with previously in the first

20 investigation, and they talked a little bit more freely

21 with me.

22 Q. And Madam Chair and Ms. Benner, how much time,

23 approximately, did you spend with each of the employees

24 that you've met with?

25 A. Madam Chair. Representative Stubson, it was very

Wyoming Reporting Service, Inc. 1.800.444.2826 857

1 short, maybe -- some employees weren't even at the meeting,

2 so that would have been a couple of minutes. Maybe five,

3 ten minutes with each one for an average.

4 REPRESENTATIVE STUBSON: All right. Thank

5 you.

6 REPRESENTATIVE THRONE: Representative

7 Zwonitzer.

8 REPRESENTATIVE ZWONITZER: Thanks, Madam

9 Chairman.

10 Q. (BY REPRESENTATIVE ZWONITZER) Miss Benner, you

11 said after your second interaction with the leadership team

12 that you decided to take notes of every conversation from

13 this point on. Why?

14 A. Madam Chairman. Representative Zwonitzer, I --

15 you're asking me an opinion question.

16 Q. Right.

17 A. So I felt that it was odd the way that it was

18 being conducted, and it was not my normal process, so I

19 felt that I needed to document everything that was

20 happening.

21 Q. Did you express -- Madam Chairman -- express

22 concerns to Director Corsi or Ms. Gagen that this was out

23 of your realm of expertise or that the project was not what

24 you were told originally?

25 A. Madam Chairman. Representative Zwonitzer, I did

Wyoming Reporting Service, Inc. 1.800.444.2826 858

1 express concerns to my director at the time that not

2 necessarily that it was outside of my area of expertise,

3 but that I felt uncomfortable with the way things were

4 being conducted. I did not go into details with him

5 because it wasn't appropriate to share with another agency

6 director what was happening with another agency.

7 Q. Madam Chairman. In your meetings with all these

8 employees, did any of them express concerns with their

9 current HR manager, Miss Meisen, Harper, or express

10 concerns they could go to her with these type of issues?

11 A. Madam Chair. Representative Zwonitzer, are you

12 talking about the first investigation or the second one?

13 Q. I would say either. During your time

14 interviewing WDE employees, did any of them express

15 concerns --

16 THE REPORTER: I'm sorry. Could you start

17 over? "During your time..."

18 Q. (BY REPRESENTATIVE ZWONITZER) During your

19 interview that you conducted with WDE employees, did any of

20 the employees express concerns with their HR supervisor or

21 the fact that they couldn't go to her?

22 A. During the first investigation, I would say yes

23 to that. They were concerned that she had lack of

24 experience, and they weren't comfortable that she would

25 know exactly what she was doing. They were also -- they

Wyoming Reporting Service, Inc. 1.800.444.2826 859

1 also mentioned that they felt she was part of the

2 leadership team, which they did not have an overall trust

3 for, so they did not trust her either is what was stated to

4 me.

5 REPRESENTATIVE THRONE: Any additional

6 questions, committee?

7 I have a couple, and then you can take over

8 again.

9 Q. (BY REPRESENTATIVE THRONE) Ms. Benner, with

10 regard to the January 2013 interview series, what was the

11 human resources issue as you understood it when you were

12 asked to conduct those interviews?

13 A. Madam Chairman, that's a very good question. A

14 lot of times whenever something involves employees or

15 something that's happened during a meeting, there's not

16 really another avenue necessarily to go to to do the

17 questioning. So sometimes human resources are called in to

18 activities that you might not know if they're human

19 resources or not at the beginning. But whenever it

20 involves personnel, I think that that would have been why I

21 was brought in because it involved personnel in a meeting

22 that happened in personnel satisfaction.

23 Q. During the interview process, did you identify

24 the human resource issue, any personnel rule issue,

25 anything of that nature?

Wyoming Reporting Service, Inc. 1.800.444.2826 860

1 A. Madam Chairman, no.

2 Q. And then my last question is really sort of a

3 policy question because obviously you are an expert in this

4 field. In your opinion, in state government would it be

5 better to have HR folks who are classified employees so

6 that employees perhaps would feel more comfortable going to

7 them, that they'd -- that the HR person would be a little

8 more insulated from management in a classified position?

9 A. Madam Chairman, do you mean classified versus at

10 will?

11 Q. Yes.

12 A. Most human resource professionals in the state

13 are classified. There's only a handful that are at will.

14 So...

15 Q. And do you believe -- I'll be more specific about

16 WDE. Do you think it mattered at WDE that the human

17 resource person was an at-will employee?

18 A. Madam Chairman, that's a good question. I think

19 for the human resource manager herself, I think it's better

20 for a human resource professional to be classified because

21 it does put you in an awkward situation. When you're at

22 will a lot of times you're going against -- giving

23 recommendations against management's decisions, and you're

24 kind of the counter to what they're saying. So that is

25 awkward for a human resource professional.

Wyoming Reporting Service, Inc. 1.800.444.2826 861

1 For the employees I don't know if that would make

2 a difference to them or not. It might appear to them that

3 the human resource manager is less likely. I would hope

4 that this would not be the case. And from the human

5 resource professionals that are never at will, that would

6 not be the case, but for the employees, I would wonder

7 about that.

8 SPEAKER LUBNAU: Representative Patton.

9 REPRESENTATIVE PATTON: Thank you,

10 Mr. Chairman.

11 Q. (BY REPRESENTATIVE PATTON) Just to get the

12 chronology kind of in order. The report that was written

13 in March of 2012, in the summary of that you refer to the

14 first time on that next summary page, the five classified

15 employees were required to sign letters upon hire to

16 conflict and conflict to the attorney general's opinion

17 that was previously stated. Is that the Office of the

18 Attorney General's opinion that's in our packet dated

19 August 25, 2011?

20 A. Mr. Chairman. Representative Patton, let me find

21 that letter for you. It is the one that's dated August 25,

22 2011, yes. Is that the date that you had said? I'm sorry.

23 Q. So follow-up, Mr. Chairman. Is it my assumption,

24 then, that you were aware of this letter at the time that

25 you made the investigations in August and March for 2012?

Wyoming Reporting Service, Inc. 1.800.444.2826 862

1 A. Mr. Chairman. Representative Patton, yes, I was

2 aware of the letter.

3 REPRESENTATIVE PATTON: Thank you.

4 REPRESENTATIVE ZWONITZER: Mr. Speaker.

5 SPEAKER LUBNAU: Representative Zwonitzer.

6 Q. (BY REPRESENTATIVE ZWONITZER) Thanks.

7 Another -- a pending question, but in your professional

8 opinion working for the State of Wyoming in human

9 resources, classified employees are required to meet

10 minimum education and experience standards to be hired. Do

11 you believe that if a WDE human resource position had been

12 a classified position with a position description that the

13 HR supervisor, Megan Harper, would have met the minimum

14 qualifications to obtain that position as a classified

15 employee?

16 A. Mr. Chairman. Representative Zwonitzer, I don't

17 know the answer to that. The minimum qualifications even

18 with the classified employee are very minimal. So

19 sometimes education in general is enough without

20 experience. I don't know at that position what the

21 minimums would have been and what her educational

22 background was, if she would have qualified or not.

23 REPRESENTATIVE ZWONITZER: Okay.

24 SPEAKER LUBNAU: Other questions,

25 committee?

Wyoming Reporting Service, Inc. 1.800.444.2826 863

1 Q. (BY SPEAKER LUBNAU) Miss Benner, Superintendent

2 Hill has e-mailed me a list of questions that she would

3 like me to ask you.

4 A. Okay.

5 Q. So these are questions from Superintendent Hill.

6 Would you please provide the notes, sir -- would you please

7 provide the notes that you referred to during your

8 testimony to the committee and to the superintendent? Are

9 you comfortable doing that?

10 A. Mr. Chairman, which notes?

11 Q. The notes that you -- you referred to an e-mail.

12 Were there other notes that you referred to in your

13 testimony?

14 A. It was the -- Mr. Chairman, it was the

15 information I submitted to the committee.

16 REPRESENTATIVE GREEAR: It's Exhibit 1.

17 SPEAKER LUBNAU: Okay.

18 A. And Exhibit 2 as well, the one that I read from.

19 Q. (BY SPEAKER LUBNAU) Exhibit 1 and Exhibit 2. So

20 they've already been submitted?

21 A. Yes, Mr. Chairman.

22 Q. Who else was present when you spoke with John

23 Masters on March 5, 2012?

24 A. Mr. Chairman, that was Liz Gagen.

25 Q. Did the superintendent want an independent review

Wyoming Reporting Service, Inc. 1.800.444.2826 864

1 so she could receive your independent advice?

2 A. Mr. Chairman, yes, but my contact that I was

3 advised by Superintendent Hill was to be John Masters.

4 Q. Were you aware of any retaliation by the

5 superintendent related to your work?

6 A. Mr.Chairman,no.

7 Q. Were you aware of any retaliation by the

8 superintendent at any time?

9 A. Mr.Chairman,no.

10 Q. Was Megan Meisen newly hired at the time she

11 required your assistance?

12 A. Mr. Chairman, I believe that she was.

13 Q. Isn't it the role of your present job to provide

14 HR training to HR managers and supervisors?

15 A. Mr. Chairman, no, not outside of my own agency.

16 Q. Did you provide HR training to Ms. Meisen?

17 A. Mr. Chairman, no, but if she did call me with

18 questions, I would answer them. That is something we do

19 amongst ourselves in the human resources field here.

20 Q. Did you advise Miss Megan to issue the follow-up

21 letters that you described?

22 A. Mr.Chairman,no.

23 Q. Have you ever asked questions to any other HR

24 professionals?

25 A. Mr. Chairman, in general or about anything

Wyoming Reporting Service, Inc. 1.800.444.2826 865

1 specific?

2 Q. I think in general. Just have you ever asked

3 somebody for advice I think is the point of that.

4 A. Mr. Chairman, I don't know if I've necessarily

5 asked for advice, but we do talk. We sometimes have

6 meetings to go over human resource changes.

7 Q. Are you currently the HR professional for the

8 office of the Wyoming superintendent?

9 A. Mr. Chairman, I am. That's one of my ten

10 agencies I support right now.

11 Q. At any time did you receive complaints from the

12 staff of the Office of Superintendent of Public

13 Instruction?

14 A. Mr. Chairman, yes.

15 Q. Did you investigate those complaints?

16 A. Mr. Chairman, no, because they were not employees

17 of OSPI. They were employees of another agency of which

18 I'm not human resources, and I was not permissioned to do

19 an investigation there.

20 Q. Isn't it true that you assigned the OSPI

21 complaints to a brand-new HR manager at the WDE to

22 investigate?

23 A. Mr. Chairman, she was the human resource manager

24 who replaced Megan Meisen. I don't know if she was

25 brand-new human resource manager in general, but I know she

Wyoming Reporting Service, Inc. 1.800.444.2826 866

1 was new to education, and that was through the advisement

2 of the Attorney General's Office, yes.

3 Q. Why did you refuse to investigate those

4 complaints?

5 A. Mr. Chairman, I did not refuse to investigate

6 them. It was not -- it was not appropriate for me to

7 investigate another agency's employees without the request

8 of the director of that agency asking me to.

9 Q. Isn't it true that Superintendent Hill asked you

10 to interview these employees so she could get a greater

11 understanding about potential employee concerns?

12 A. Mr. Chairman, that's correct. And I did pass

13 everything to Shauna Cobb, the HR manager at the time. And

14 that would have been her role or the director at that

15 time's role of education to do or, if they so desired, ask

16 me to participate in that.

17 Q. Do you think your work provided greater

18 understanding for those involved?

19 A. Mr. Chairman, I would say yes.

20 Q. Are you now the HR director for the State of

21 Wyoming -- you are now the HR director for the State of

22 Wyoming; isn't that correct?

23 A. Mr. Chairman, no, not for the whole State of

24 Wyoming. Just for A&I and those other nine agencies I

25 support.

Wyoming Reporting Service, Inc. 1.800.444.2826 867

1 Q. As HR director of the State of Wyoming, do you

2 have any concern about the public release of the MacPherson

3 report, particularly the confidential portion of the report

4 which included a great deal of personnel information?

5 A. Mr. Chairman, I feel that that went through the

6 process it needed to go through to be released. I did

7 not -- I don't have an opinion about that.

8 Q. And you indicated that in your first

9 investigation employees expressed concerns about Megan

10 Meisen. Where did you discuss these concerns in your

11 report?

12 A. Mr. Chairman, I did not address those concerns in

13 that report, but let me see one thing, if you don't mind.

14 I did discuss that with Liz Gagen, but I did not put that

15 as part of my report. It was not an allegation that came

16 out. It was something that was -- it would not have been

17 part of my report typically.

18 Q. In your current position are you an at-will

19 employee?

20 THE REPORTER: I'm sorry, I'm sorry.

21 "It would have been a part of my report"?

22 THE WITNESS: It would not have typically

23 been a piece of my report. It would not have typically

24 been a piece of my report.

25 A. Mr. Chairman, I am not an at-will employee right

Wyoming Reporting Service, Inc. 1.800.444.2826 868

1 now. I'm classified.

2 SPEAKER LUBNAU: Ms. Benner -- committee,

3 do you have any questions?

4 Miss Benner, those are all the questions we have.

5 Thank you very much for coming and spending part of your

6 morning with us.

7 THE WITNESS: Thank you.

8 SPEAKER LUBNAU: I know these are never

9 fun, but thank you for sharing with us.

10 THE WITNESS: Thank you.

11 SPEAKER LUBNAU: Committee, any objections

12 to releasing Miss Benner from her subpoena?

13 Miss Benner, you are released.

14 THE WITNESS: Thank you very much.

15 SPEAKER LUBNAU: Have a safe trip to

16 Riverton?

17 THE WITNESS: Thank you.

18 SPEAKER LUBNAU: Counsel, would you call

19 your next witness.

20 MR. SALZBURG: Bill Pannell, please.

21 CHAIRMAN LUBNAU: Mr. Pannell, did you

22 receive the initial advisement with your subpoena?

23 THE WITNESS: I did.

24 SPEAKER LUBNAU: And did you read it?

25 THE WITNESS: Yes.

Wyoming Reporting Service, Inc. 1.800.444.2826 869

1 SPEAKER LUBNAU: Do you understand it?

2 THE WITNESS: Yes.

3 SPEAKER LUBNAU: Do you have any questions?

4 THE WITNESS: No.

5 SPEAKER LUBNAU: Would you rise and raise

6 your right hand, please.

7 (Witness sworn.)

8 SPEAKER LUBNAU: Counsel.

9 MR. SALZBURG: Thank you, Mr. Speaker.

10 WILLIAMDAVIDPANNELL,

11 called for examination by the Select Investigative

12 Committee, being first duly sworn, on his oath testified as

13 follows:

14 EXAMINATION

15 Q. (BY MR. SALZBURG) Would you state your full

16 name, please.

17 A. William David Pannell.

18 Q. Mr. Pannell, have you been in the room when we

19 have discussed the general guidelines for giving your

20 testimony?

21 A. Yes.

22 Q. Do you understand them?

23 A. Yes.

24 Q. By whom are you employed?

25 A. The Wyoming Department of Education.

Wyoming Reporting Service, Inc. 1.800.444.2826 870

1 Q. And what position do you hold?

2 A. I am the supervisor for the accreditation and

3 support section.

4 Q. What are the duties of that position?

5 A. As I stated, overseeing school -- or excuse me --

6 school and district accreditation and the statewide system

7 of support.

8 Q. Can you tell me what the statewide system of

9 support does?

10 A. The statewide system of support is statutorily

11 mandated, I guess, through Section 1117 of No Child Left

12 Behind, and it is essentially for providing support to

13 Title I schools and improvement.

14 The statewide system of support as -- in No Child

15 Left Behind allows states some flexibility in how they do

16 that. It can be either through school support teams,

17 distinguished educators or what's been referred to as

18 coaches or through other channels, which would mean like

19 universities, things like that.

20 Then under the passage of the Wyoming

21 Accountability and Education Act, Wyoming Statute

22 21-2-204(f) requires a statewide system of support. So

23 what we always viewed it as is being trying to combine

24 federal and state support in a kind of one system of

25 support.

Wyoming Reporting Service, Inc. 1.800.444.2826 871

1 The state statute takes effect this next fall,

2 2014-'15, and it's a little more specific in the idea of

3 requiring basically representative support and developing

4 and implementing improvement plans for districts with the

5 focus being on school and district improvement.

6 Q. You mentioned early in that response that part of

7 the duties of the statewide system of support section or

8 division, whatever it is, was to address schools in

9 improvement.

10 A. Yes.

11 Q. What do you mean by "schools in improvement"?

12 A. Well, under the No Child Left Behind

13 accountability system there are schools that make adequate

14 yearly progress and schools that don't make adequate yearly

15 progress. The first year of not making adequate yearly

16 progress is what they call a warning year, and then after

17 that, after they have not made adequate yearly progress for

18 more than a year, they go into improvement status. So it's

19 year 2 plus in improvement.

20 Q. How long have you been employed by the Wyoming

21 Department of Education?

22 A. Since June 1, 2003.

23 Q. So going back in time, which supervisors -- I'm

24 sorry, which superintendents of public instruction have you

25 been working for or have you worked for?

Wyoming Reporting Service, Inc. 1.800.444.2826 872

1 A. If I can inject. I've worked for the Department

2 of Ed since June 2003 and have been in this position since

3 the 1st of November, 2011.

4 Q. Okay.

5 A. So there's been a position change within the

6 Department for me. I've been -- I was employed by

7 Dr. Trent Blankenship, Dr. Jim McBride and Superintendent

8 Hill.

9 Q. And you mentioned that you have previously held a

10 different position?

11 A. Yes.

12 Q. What was that?

13 A. I was an education consultant in the Career

14 Technical Education section.

15 Q. Is the Career Technical Education section under

16 the support system, the human resources division?

17 A. I believe that's the name of that division, yes.

18 Q. What's your educational background?

19 A. I have a bachelor's degree in agriculture

20 education from the University of Wyoming. I have about 45

21 hours beyond a bachelor's degree in education, 12 years of

22 teaching experience.

23 Q. In your capacity as accreditation and support

24 supervisor, did you have an opportunity to supervise an

25 employee named Brian Ross?

Wyoming Reporting Service, Inc. 1.800.444.2826 873

1 A. I did.

2 Q. What position did he hold?

3 A. He held a position number 0028, which was an ETEP

4 8 position that was primarily responsible for teacher of

5 the year and parent liaison.

6 MR. SALZBURG: I hate to do this,

7 Mr. Speaker. We need to go into executive session now.

8 SPEAKER LUBNAU: I will advise all the

9 members of the committee, staff and representatives of the

10 OSPI and WDE that all testimony received in executive

11 session is confidential and privileged and shall remain so

12 until such time as this committee determines additional

13 legislative action is required based on that testimony.

14 The Wyoming Ethics and Disclosure Act provides at

15 9-13-105(c) that: A public official, public employee or

16 public member shall not disseminate to another person,

17 official information which the public official, public

18 employee or public member obtains through or in connection

19 with his position, unless the information is available to

20 the general public or unless the dissemination is

21 authorized by law. Further dissemination of testimony you

22 are about to hear is not authorized and may be punishable

23 as a criminal offense under 9-13-109(a) or by removal from

24 your office or official position under 9-13-109(b).

25 Counsel, go ahead.

Wyoming Reporting Service, Inc. 1.800.444.2826 874

1 MR. SALZBURG: Thank you, Mr. Speaker.

2 SPEAKER LUBNAU: Just a second before.

3 Ian, we're off?

4 MR. SHAW: Yeah.

5 SPEAKER LUBNAU: Go ahead.

6 (Pages 875 through 907 are confidential

7 and sealed in a separate transcript.)

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Wyoming Reporting Service, Inc. 1.800.444.2826 908

1 (Thefollowingoccurredin

2 opensession.)

3 SPEAKERLUBNAU: Counsel,wheneveryou're

4 ready.

5 MR.SALZBURG: Thankyou,Mr.Speaker.

6 FURTHEREXAMINATION

7 Q. (BY MR. SALZBURG) Mr. Pannell, I want to shift

8 gears now to the question of whether employees who were

9 hired were preselected by the leadership team, and in the

10 executive session do you recall that we identified by name

11 a particular employee that you and I have discussed?

12 A. I do.

13 Q. All right. Were you on the interview team that

14 interviewed that particular employee?

15 A. I was.

16 Q. And prior to the interviews related to the

17 vacancy for which that employee had applied, were you told

18 which candidate the leadership team wanted to hire?

19 A. Yes.

20 Q. Without -- again, without naming the individual

21 employee, tell us what you were told.

22 A. Simply that this is the one that they want.

23 Q. Andwhotoldyouthat?

24 A. SeanMoore.

25 Q. And what was his relationship to you?

Wyoming Reporting Service, Inc. 1.800.444.2826 909

1 A. He was my supervisor, my boss, the division

2 director.

3 Q. And how did this particular employee stack up

4 against the other candidates who had applied for the

5 position?

6 A. Well, this was my concern and why I voiced it to

7 the MacPherson report is that the job, as we understood

8 what we were interviewing for, was an administrative

9 assistant for Jerry Zellars, and the pool -- I can't

10 remember who the -- I know that there was at least the one

11 we interviewed and then somebody, as I recall, out of like

12 California being interviewed over the phone. And it was

13 like there was only one candidate that was even a

14 reasonable prospect as an administrative assistant even

15 though you know there's got to be hundreds of applicants

16 for -- qualified applicants for every job.

17 As it turns out, then this person is more of a --

18 has some other duties above and beyond a new administrative

19 assistant and was initially hired to work out of a

20 different town. And I'm trying to be real vague so that I

21 don't identify them, but I just felt like there was one of

22 the cases where we were told in an answer we were going to

23 hire, and the deck was stacked to the point there was no

24 way we could not hire.

25 Q. Was the individual who was hired qualified for

Wyoming Reporting Service, Inc. 1.800.444.2826 910

1 the position?

2 A. I have no reason to think not. I mean, yes, the

3 individual that was hired was well qualified. It was the

4 question as to whether or not -- whether or not it was a --

5 the selection process was fair because of the -- because of

6 the other applicants.

7 Q. Were there people hired by the Department, in

8 your view, based upon their relationship or friendship with

9 the leadership team?

10 A. I would say that there have been people that have

11 been preferentially -- had opportunities because of their

12 relationship with the leadership team, yes.

13 Q. Can you give any examples?

14 A. The human resource supervisor's future

15 mother-in-law being hired. You know, whether she would

16 have been found in a pool of applicants without that

17 particular thing or not is -- you know, whether she would

18 have been found in the pool of applicants without having

19 been filtered out like that, I don't know. That would be

20 one example.

21 Q. Any others that you can think of?

22 A. Well, again, I mentioned the one that ultimately

23 ended up working in my section, I felt like had been -- and

24 again, very well qualified, and I love working with her to

25 this day, but I felt like she'd been preferentially

Wyoming Reporting Service, Inc. 1.800.444.2826 911

1 selected, yes.

2 Q. In the report that you provided to the governor's

3 inquiry team, Cathy MacPherson, you stated that you were

4 not aware of anything that occurred that was blatantly

5 illegal, but you could tell many stories that range from

6 bizarre behavior to leadership incompetence. Can you give

7 the committee an example of what you felt to be leadership

8 incompetence?

9 A. Yes. You know, most -- most times if you looked

10 at any kind of an organization, be it a school, a district

11 or whatever, there are some things that would just normally

12 be in place as part of an organizational structure. One

13 would be a normal organization chart that looks somewhat

14 like a Christmas tree. There would be a policy book.

15 There would be, you know, the policies that are followed.

16 There might be a mission about core values, goals. I mean

17 the sense of mission is clear. Clear leadership structure,

18 those kind of things. And none of that -- and an awful lot

19 of that, in my opinion, just simply didn't exist.

20 There were documents that could be showed, but

21 there wasn't this clear focus, clear vision, all that that

22 you would necessarily expect to see or think you should see

23 in an organization.

24 And there was -- you know, there was just so much

25 chaos and dysfunction created by this idea of a leadership

Wyoming Reporting Service, Inc. 1.800.444.2826 912

1 team rather than a leadership structure. It kind of

2 settled out toward the end where we were still kind of

3 following the -- at least to the division director level

4 that it was kind of -- kind of we were still following the

5 same process mostly because of signatures on travel forms

6 and one thing and another.

7 But when we basically early on took this idea of

8 flattening the organizational chart and adding a --

9 flattening the organizational chart and putting children at

10 the center of the organizational chart and all this kind of

11 stuff and focusing on literacy and numeracy and critical

12 thinking and all of these kind of things, the rank-and-file

13 employee did not understand the direction or the goals of

14 the organization.

15 And also it just kind of created chaos and

16 confusion and dysfunction about who worked for who and how

17 this all worked and what were the policies they were

18 following and so on and so forth.

19 And again, I want to clarify this is my opinion.

20 You'd have to interview others, but that's the way I viewed

21 the organizational structure within the Department.

22 Q. If you look in the book that's in front of you,

23 would you take a look at Pannell Exhibit 2?

24 A. Yes.

25 Q. And tell us what that is.

Wyoming Reporting Service, Inc. 1.800.444.2826 913

1 A. Well, if I can clarify for a moment, there's two

2 main rules within my section. One of them is accreditation

3 and the other one is support. The accreditation is

4 statutorily required, and it's also clearly spelled out in

5 Chapter 6 of the rules and regulations, and the purpose of

6 accreditation is statutory compliance and continuous

7 improvement.

8 The statutory compliance part of that is

9 typically done by the Department of Education. The

10 continuous improvement part of it is done by AdvancEd.

11 They've always worked in unison and worked together to

12 accomplish this accreditation process. AdvancEd has a

13 twice-a-year school improvement conference that is based on

14 their continuous improvement deal. It's always been a

15 joint effort between the Department of Ed and AdvancEd.

16 We were basically forbidden to attend the

17 AdvancEd conference, although some employees did fill out

18 travel preparation forms. Some employees did attend the

19 AdvancEd conference, but as a whole we were -- at least

20 believed we were being told that we could not attend or

21 communicate with or participate with AdvancEd.

22 So the accreditation part of this was really a

23 tenuous arrangement because we were paying AdvancEd to do

24 continuous improvement on one hand and not supported on the

25 other, and we were not participating in the AdvancEd

Wyoming Reporting Service, Inc. 1.800.444.2826 914

1 conference. So we were not only -- I mean, these two

2 school improvement conferences are like our major venue for

3 sharing ideas and all of that.

4 So we were basically shut off from the rest of

5 the state as -- and so -- and then as far as I do want to

6 clarify that we still -- because AdvancEd continued to do

7 their statutory or their contracted obligation and then our

8 people were going out and doing statutory assurances

9 separate from the AdvancEd accreditation visit -- usually

10 they're kind of done in unison -- we were able -- I don't

11 believe that we dropped the ball statutorily or anything

12 like that, but it was just inconvenient to us, it was

13 inconvenient to the district, and it seemed strange to me

14 that we were being told the major conference we were

15 participating in, for years I was required to participate

16 in, I was not allowed to attend it.

17 So the accreditation part of it was kind of in

18 shambles. And then the -- again, I outlined on the first

19 part of this that there are basically two statutes, Section

20 1117 of No Child Left Behind and 21-2-204(f) that dictates

21 what the system or support should be. When you take those

22 words out of context and turn system of support into any

23 kind of agency initiative around professional development,

24 whatever it is we feel like doing, department initiatives,

25 3+8, T2T, SpLit, so on and so forth, and call that all

Wyoming Reporting Service, Inc. 1.800.444.2826 915

1 system of support, it kind of creates a muddled mess.

2 But the truth is that it's fairly well -- fairly

3 well detailed in statute and would be fairly easy to

4 implement, but I couldn't ever get anything moved forward.

5 One of the reasons I wanted this job in the first

6 place is because I understood the statutory background in

7 it. I understood the support from the federal government.

8 The system was laid out, and so it should have been just

9 simply a case of laying it out on their 15-point rubric and

10 so on and so forth and moving forward. But the challenge

11 has been with all of the stuff thrown in here on the side.

12 So to finally get to the picture, what the

13 picture is is that as the Senate File 104 was almost to go

14 through that Kevin and Sheryl called me in to give me their

15 vision of what they thought the system of support should

16 look like for the future.

17 And this was the way they typically communicated

18 with me was in these lines and drawings and whirlwind and

19 chaos and all this kind of stuff to where you just kind of

20 figure out how to make it actionable.

21 I wrote plans practically every day. I could

22 show you -- we were tasked with creating a design document

23 and implementation plan, and getting it down to something

24 that these people would agree with was almost impossible

25 even though I'm not going to sit and say that any plan will

Wyoming Reporting Service, Inc. 1.800.444.2826 916

1 improve schools, but I am going to say it would be fairly

2 easy to write a plan that actually meets the requirements

3 of the law.

4 Q. Mr. Pannell, why did you take the photograph?

5 A. Just to -- for history, just for memory.

6 Q. Did I understand you correctly that the mission

7 for your section is fairly clearly set out in statute?

8 A. Yes.

9 Q. And that statute is 21-2-204(f)?

10 A. That would be the Wyoming statute. However,

11 Section 1117 of No Child Left Behind has been around for

12 years.

13 Q. Okay.

14 A. I do want to qualify one thing. The coaches that

15 have been discussed the entire time for the last couple

16 days that, again, as I started out with, there are only --

17 there is some latitude in federal law as to what you can

18 do.

19 Before my time the decision was made through the

20 Title I committee of practitioners that the -- and approved

21 by the federal government is this idea of coaches,

22 distinguished educators working in Title I schools, was the

23 approved system of support by the federal government.

24 There could have been other approved systems of support,

25 but that was the approved system of support was using these

Wyoming Reporting Service, Inc. 1.800.444.2826 917

1 coaches as the system of support for Wyoming for the No

2 Child Left Behind.

3 Whether or not the coaches as they -- I didn't

4 ever view Jane Brummond, Joan Brutsman and them as being

5 coaches under the -- you know, again, I inherited that

6 deal, and I certainly never viewed them as being part of

7 our organization.

8 Q. When did Mr. Crandall take over the reins of the

9 Wyoming Department of Education?

10 A. August 1st, I believe.

11 Q. So we're four and a half or five months into his

12 administration?

13 A. Yes.

14 Q. Since Mr. Crandall has become the director of the

15 Department, has there been any progress with the model of

16 the systems or as envisioned by the legislature?

17 A. I believe so, yes. Do you want me to expound on

18 that?

19 Q. Sure.

20 A. The model of the system of support as we're

21 seeing right now is basically turning -- and this is

22 probably what we should have viewed it as a long time

23 ago -- is viewing the basic roles of the Department of Ed

24 as -- you know, again, this is as I understand it rather

25 than if you wanted to ask Mr. Crandall his position, you'd

Wyoming Reporting Service, Inc. 1.800.444.2826 918

1 have to ask him directly, but as I'm understanding it is

2 the major roles are going to be support, compliance and

3 basically intergovernmental operations.

4 And so support will be one of the overall agency

5 initiatives where -- so if a school is having difficulty

6 within their special populations, then the logical approach

7 would be to send people from the special populations,

8 special ed division to provide that support. So it would

9 be overall an agency initiative at least still maintaining

10 coaches and WDE representatives and school improvement

11 plans and all the requirement of the law using the entire

12 agency in support rather than just a small subsection of

13 people.

14 Q. I want to direct your attention, Mr. Pannell, to

15 another incident that you cited apparently in the

16 MacPherson report. And to give you some context, as I

17 understand what you told Catherine MacPherson, it is that

18 after Senate File 104 was apparently going to pass, one of

19 the legislators gave the superintendent a plaque that had a

20 by Bible quote on it. Do you recall that?

21 A. I recall the meeting, and I believe it was one of

22 the legislators, but I wasn't there when she received it.

23 Q. So tell us about the meeting.

24 A. Well, it was as all of this Senate File 104 deal

25 was kind of coming down and the discussion -- it was, you

Wyoming Reporting Service, Inc. 1.800.444.2826 919

1 know, obviously a pretty high anxiety type of environment.

2 We were in a meeting one day, and somebody asked

3 Superintendent Hill about that plaque, and she sort of on

4 an impromptu deal got everybody to hold hands, and I

5 believe we held hands. Anyway, we stood in a circle, and

6 then she offered up a prayer that we would be delivered

7 from the -- you know, I've been widely quoted as saying

8 great transgressions, but I'm not sure I said that. I'm

9 not sure that that's not the words of Cathy MacPherson

10 other than me, but the idea was is that they will be

11 delivered from the oppression of the legislature.

12 Q. During your employment in the Department under

13 the administration of Superintendent Hill, did you support

14 her initiatives?

15 A. Yes.

16 Q. Wereyousuccessful?

17 A. You know, to some extent. I can't sit here and

18 say that the last few years have been all that bad for me.

19 You know, adversity creates opportunity, and I came out of

20 it with a better position than I had and a position that I

21 had always wanted. The position before that was in

22 Laramie, and I didn't really want to move to Laramie. And

23 so the cards kind of fell into place for me to get a job

24 that I wanted for years at the Department.

25 And so, no, I would say that, you know, things

Wyoming Reporting Service, Inc. 1.800.444.2826 920

1 haven't been that -- weren't that bad for me. However, I

2 will say that as I went into in some detail, it was just

3 really hard to move the initiative forward because you need

4 to have agreement with everybody in the leadership team,

5 and then you get sent back to the drawing board, and we

6 spent so much time it seemed like just fighting fight after

7 fight after fight.

8 And whoever started it, the back and forth

9 between the liaison's report and now we have to write the

10 response to this liaison's report and back and forth and so

11 on and so forth just occupied so much time that between

12 writing reports and responses to reports and this meeting

13 and that meeting over how we were going to respond to this

14 and how we were going to respond to that and writing up

15 this deal that gets rejected and this deal that gets

16 rejected and so on and so forth, it just didn't seem

17 like -- we finally did meet the deadlines on the

18 distribution of system of support, and that video has

19 often -- has been paraded around says we met the deadline

20 of the distribution on the system of support.

21 But it was rejected by the state board as not

22 meeting their requirements, and I don't know that to this

23 day that we still have an approval from the state board of

24 the legislature on the system of support.

25 Q. During Superintendent Hill's administration of

Wyoming Reporting Service, Inc. 1.800.444.2826 921

1 the Department, what was your view of her predecessor

2 Superintendent McBride?

3 A. I would say fairly negative, fairly hostile. I

4 can remember having a conversation with him one time in the

5 lobby of the Hathaway Building, and she walked in and she

6 calls me later on cell phone to say, "I see you were

7 talking to Dr. McBride," and just kind of pointing out that

8 she'd seen me talking to him.

9 Q. Did she explain why that was problematic for her,

10 if it was?

11 A. Well, again, I got the impression that she didn't

12 want me talking to Dr. McBride. However, I don't know that

13 I was ever exactly told you will not talk to him.

14 Q. Do you know -- the committee probably knows this,

15 but what is Dr. McBride's current position?

16 A. He's, I believe, the -- whatever they call it,

17 director of the Office of Vital Records on the first floor

18 of the Hathaway Building. So, yeah, I've had plenty of

19 conversations with Dr. McBride over the years, you know,

20 over everything from lunch to his kids to Sandy to

21 everything else, but usually they take place in the

22 bathroom.

23 Q. I'm flabbergasted. What was Superintendent

24 Hill's view about the director of Workforce Services, Joan

25 Evans?

Wyoming Reporting Service, Inc. 1.800.444.2826 922

1 A. On December 12th at a Joint Appropriations

2 Committee -- December 12, 2012 at a Joint Appropriations

3 Committee meeting, it was in some passing time, a break or

4 whatever, I had a conversation with Joan Evans, and I was

5 almost immediately called off to the side by Superintendent

6 Hill to say that, you know, we don't trust her and that

7 she's a supporter of Freudenthal, and she didn't even know

8 that I knew Joan Evans, and basically she didn't approve of

9 me talking to Joan Evans.

10 Q. And your conversations with Joan Evans I hope

11 didn't occur in the bathroom.

12 A. I have not had conversations with Joan Evans in

13 the bathroom, no.

14 Q. Thank you. You've been here through some of the

15 prior witnesses. There's a list of questions that I'm

16 asked to pose to you that have been provided by the

17 superintendent.

18 First, are you familiar with the penalties for

19 perjury and that you are subject to those penalties should

20 you provide false testimony?

21 A. I am.

22 Q. Did you speak with anyone prior to today about

23 your testimony before this committee, including Mr. Jarosh,

24 Mr. Salzburg, or representatives of their firms, members of

25 the legislature or other staff or employees of the State,

Wyoming Reporting Service, Inc. 1.800.444.2826 923

1 such as the governor's office or the Wyoming Department of

2 Education regarding these proceedings today or Senate File

3 104?

4 A. Yes.

5 Q. And who did you speak with?

6 A. I visited with you. I visited with WDE

7 employees.

8 Q. Okay. Let's take me first. Do you recall when

9 you visited with me?

10 A. I believe initially, I don't remember, there was

11 a phone call regarding an issue that I passed on to

12 somebody else and said I didn't know anything about. Then

13 I believe the next conversation, at least -- obviously I

14 must have been called in advance, but I believe the actual

15 visit to your office was December 13th and then again

16 sometime within the last couple weeks to kind of review

17 what we were going to go over here.

18 Q. And can you tell us the details of our

19 conversation?

20 A. Basically this is what you told in the MacPherson

21 report and is there anything you would like to add? You

22 know, it was basically validating or verifying what was in

23 the MacPherson report.

24 Q. How long did the conversations take?

25 A. Probably between an hour and two hours.

Wyoming Reporting Service, Inc. 1.800.444.2826 924

1 Q. Did the attorneys or their representatives

2 instruct you that your testimony must be truthful and, if

3 based on conjecture, speculation or opinion, must be stated

4 as such?

5 A. Yes.

6 Q. Are you in possession of documented evidence

7 relating to your testimony?

8 A. None that I haven't provided.

9 Q. Okay. The follow-up that I'm asked to pose to

10 you: If not, what was your standard for deciding what to

11 provide? I have trouble understanding that.

12 A. Relevance.

13 Q. Okay. Do statements attributed to you in the

14 MacPherson report accurately reflect your testimony to that

15 committee?

16 A. For the most part, yes.

17 Q. That is sort of a middle answer.

18 A. There's a few points that I guess that I -- I

19 think there's a few minor inconsistencies that I would -- a

20 lot of that in that was kind of my opinion. You need to

21 look at this, you need to look at that. You know, it was

22 kind of conjecture on my part that I wasn't a hundred

23 percent sure, so I would say that my opinions were my

24 opinions. I don't know that I would guarantee that

25 they're, you know, truth -- you know.

Wyoming Reporting Service, Inc. 1.800.444.2826 925

1 Q. Well, let me see if I can't ferret this out a

2 little bit. You've testified here today that you don't

3 recall that you made the statement that in this meeting

4 after the plaque that was given to Superintendent Hill

5 having said that the prayer was to save us from the great

6 transgressors, the legislature?

7 A. Right, but if you look at the MacPherson report,

8 it doesn't say that. It doesn't say that I said that.

9 That's why I'm saying I think those are her words, not

10 mine.

11 Q. Okay. So here is the question. Let me get to

12 the end of this. If you were able to review your -- the

13 summary of your testimony to the MacPherson committee and

14 could you -- would you be able to point out anything that

15 you think was improperly reported?

16 A. Yes.

17 Q. And could you provide an affidavit that would

18 make corrections to those misstatements?

19 A. Yes.

20 MR. SALZBURG: All right. Unless I missed

21 something, I don't see anything that's to be directed to

22 Mr. Pannell in the other questions. Is that accurate?

23 Thank you.

24 SPEAKER LUBNAU: All right. Committee,

25 it's time for your questions. Keep in mind, I told some of

Wyoming Reporting Service, Inc. 1.800.444.2826 926

1 you that we would work through lunch. The court reporter

2 informs me that that's impossible, and understandably so

3 given the size of the task that we're asking of him.

4 But we will be done by 5 p.m. today. So with

5 that admonition, do you all have any questions? I want to

6 make sure you get them fully and fairly but not

7 redundantly.

8 Representative Zwonitzer.

9 REPRESENTATIVE ZWONITZER: Thanks,

10 Mr. Chairman.

11 FURTHEREXAMINATIONBYTHECOMMITTEE

12 Q. (BY REPRESENTATIVE ZWONITZER) Mr. Pannell, you

13 are aware of who Gail Eisenhauer and Kim Harper are?

14 A. Yes, I am.

15 Q. They both testified before us and both expressed

16 that they had in some way challenged Superintendent Hill or

17 her leadership style and stood up for themselves at some

18 point. Do you feel either of them received repercussions

19 for not being loyal or for expressing concerns?

20 A. I have no idea on Kim Harper. To some extent I

21 guess Gail was my predecessor in my position. I saw a lot

22 of work that she'd done, written ideas, one thing or

23 another that seemed like quality work to me.

24 So I don't know whether the move of -- it seemed

25 to me that she was sort of moved to the basement and

Wyoming Reporting Service, Inc. 1.800.444.2826 927

1 marginalized, if you will -- not moved to the basement,

2 moved to the first floor, and sort of marginalized to an

3 extent, but that might be my perception rather than

4 reality.

5 SPEAKERLUBNAU: Otherquestions,

6 committee?

7 Q. (BY SPEAKER LUBNAU) Mr. Pannell, just as in

8 executive section, Superintendent Hill has provided the

9 committee a list of questions that she would like asked.

10 Were you given great latitude to discuss and

11 develop an outline with the Wyoming Accountability and

12 Education Act?

13 A. Yes.

14 Q. Was every element of the act clear and succinct?

15 A. In Section F, the support section, it's fairly

16 clear.

17 Q. In fact, did not your analysis reveal

18 considerable inconsistency in the law?

19 A. My analysis of the entire law did, but the

20 Section F for which I am completely responsible is again

21 fairly understandable.

22 Q. Did you develop an overview of the report

23 identifying those areas?

24 A. Of the entire accountability bill, yeah.

25 Q. Do you also have a considerable role in

Wyoming Reporting Service, Inc. 1.800.444.2826 928

1 developing the statewide system of support pursuant to the

2 Wyoming Accountability and Education Act during Mrs. Hill's

3 tenure at WDE?

4 A. Yes.

5 Q. Were you aware of the difficulties resulting from

6 the uncertainty in the Wyoming Accountability and Education

7 Act resulting in substantial changes for the WDE as they

8 worked on a pilot model for accountability during

9 Mrs. Hill's tenure?

10 A. Well, again, there was some division of labor in

11 this, and the part of it that I was responsible for wasn't

12 particularly difficult for me to understand.

13 Q. Did you replace Gail Eisenhauer when you took

14 your current position?

15 A. Yes.

16 Q. Mrs. Eisenhauer testified about federal law

17 concerning work at Fremont 38. Does Chapter 6 rules for

18 accreditation require that targeted assistance be provided

19 to a school that has failed to meet adequate yearly

20 progress when requested by the district to the extent of

21 WDE capacity and resources?

22 A. I don't know that it requires it to the extent of

23 WDE capacity and resources.

24 Q. Why did you want your department to learn WYR?

25 A. I wanted to be part of the agency initiatives.

Wyoming Reporting Service, Inc. 1.800.444.2826 929

1 Q. Did you witness a substantial effort on behalf of

2 WDE to comply with the requirements and time deadlines

3 specified by the Wyoming Accountability and Education Act?

4 A. Could you repeat the question, please.

5 Q. Did you witness a substantial effort on behalf of

6 the WDE to comply with the requirements and time deadlines

7 specified in the Wyoming Accountability and Education Act?

8 A. I witnessed a substantial amount of effort on the

9 part of the WDE. As far as the compliance with deadlines

10 and so on and so forth, there was only one deadline that I

11 was required to meet, and I met it.

12 Q. Do you believe Wyoming is a low-performing state

13 in education?

14 A. I believe they're slightly above average.

15 Q. Do you agree that Superintendent Hill worked hard

16 to present a fair message to the public regarding

17 education, that we are doing well but can be better?

18 A. Yes.

19 Q. Based upon that, wouldn't it be true to say

20 Mrs. Hill and her staff made a very good effort to fulfill

21 legislative mandates about implementing accountability?

22 A. Yes.

23 Q. Did -- isn't it -- what is your understanding of

24 the purpose of the probationary period that the State of

25 Wyoming has adopted?

Wyoming Reporting Service, Inc. 1.800.444.2826 930

1 A. So that you can terminate an employee within the

2 first year without cause.

3 Q. AdvancEd is an independent contractor; is that

4 correct?

5 A. They're a regional accreditation organization and

6 as such, sort of have a monopoly on the accreditation

7 business.

8 Q. As a state employee, do you believe it

9 appropriate that more than half of your work should be done

10 to benefit an independent contractor?

11 A. Well, I'm not agreeing with they're an

12 independent contractor.

13 Q. Are you satisfied that the State should become

14 fully dependent upon an independent contractor for the

15 essential element of a support system?

16 A. Can you repeat that question?

17 Q. Are you satisfied that the State should become

18 fully dependent upon an independent contractor for the

19 essential element of a support system?

20 A. Well, I don't know that accreditation -- there's

21 a statutory requirement that accreditation -- support be

22 administered as a part of accreditation, but I'm not sure

23 that that necessarily means that we are being solely

24 dependent upon accreditation. So I'm not sure how to

25 answer that.

Wyoming Reporting Service, Inc. 1.800.444.2826 931

1 Q. Is this the same AdvancEd -- is this the same

2 AdvancEd whose contract was doubled approximately 750,000

3 to 1.45 million right before Superintendent Hill came into

4 office?

5 A. It is AdvancEd. As far as the -- I wasn't

6 responsible for the AdvancEd contract prior to the time

7 that Superintendent Hill came into office.

8 Q. Were you involved in the meeting when this

9 original contract was negotiated back to its original

10 amount?

11 A. Yes. Well, again, I was involved in the contract

12 negotiation meeting in May of 2012. As far as -- and yes,

13 I've seen some of those contracts from before, but as far

14 as the minute details of it, I'm not aware of.

15 SPEAKER LUBNAU: There are some questions

16 that Superintendent Hill has, 12, 13 and 14 on your e-mail,

17 that talk much about the employee that we discussed in

18 executive session. We can go back into executive session,

19 but my belief is those have all been asked and answered.

20 Are there two people who would like us to go back into

21 executive session?

22 Seeing none, thank you, Mr. Pannell, for spending

23 a lot of yesterday and a good chunk of your morning with us

24 today.

25 THE WITNESS: Thank you.

Wyoming Reporting Service, Inc. 1.800.444.2826 932

1 SPEAKER LUBNAU: We appreciate your

2 testimony and I know it's not easy. And thank you very

3 much for taking your time and helping us out here.

4 THE WITNESS: Thank you.

5 SPEAKER LUBNAU: Counsel, call your next

6 witness. And Mr. -- any objections to the committee

7 releasing Mr. Pannell from the subpoena?

8 You're released, sir.

9 MR. SALZBURG: We'll call Teri Wigert.

10 SPEAKER LUBNAU: Miss Wigert, did you get a

11 copy of the advisement with your subpoena?

12 THE WITNESS: Yes, I did.

13 SPEAKER LUBNAU: Did you read it?

14 THE WITNESS: Yes, I did.

15 SPEAKER LUBNAU: Do you understand it?

16 THE WITNESS: I do.

17 SPEAKER LUBNAU: Do you have any questions?

18 THE WITNESS: No, I do not.

19 SPEAKER LUBNAU: Would you rise and raise

20 your right hand, please.

21 (Witness sworn.)

22 SPEAKER LUBNAU: Counsel.

23 TERILYNNWIGERT,

24 called for examination by the Select Investigative

25 Committee, being first duly sworn, on her oath testified as

Wyoming Reporting Service, Inc. 1.800.444.2826 933

1 follows:

2 EXAMINATION

3 Q. (BY MR. SALZBURG) Would you state your full

4 name, please.

5 A. Teri Lynn Wigert.

6 Q. And would you spell your last name for the court

7 reporter, please.

8 A. Yes, W-i-g-e-r-t.

9 Q. Miss Wigert, how are you currently employed?

10 A. I'm employed at the Wyoming Department of

11 Education.

12 Q. In what capacity?

13 A. I'm a division administrator over the division

14 Support Systems and Resources.

15 Q. I believe that you've been present during some of

16 the prior testimony, and I just want to make sure that you

17 have heard the guidelines that we have been giving to

18 witnesses prior to their testimony. Have you heard those?

19 A. Yes, I have.

20 Q. And do you recall them now?

21 A. In the most part, yes.

22 Q. Okay. What does the Support System and Resources

23 division consist of?

24 A. The division for which I have oversight is five

25 programs, all of them relatively unrelated to the other.

Wyoming Reporting Service, Inc. 1.800.444.2826 934

1 One is on-line distance education. The second is Career

2 Technical Education. The third is school safety and

3 security. The fourth is pupil transportation. And the

4 fifth is all of the U.S. Department of Agriculture's

5 nutrition programs.

6 Q. Can you summarize your employment history at the

7 Department for us, please?

8 A. Yes, I can. I was hired in 1996 under the Judy

9 Catchpole administration and also served then under

10 Dr. Trent Blankenship, then under Dr. Jim McBride, and then

11 Superintendent Cindy Hill and currently under Director Rich

12 Crandall.

13 Q. And when you began your employment in 1996 under

14 Superintendent Catchpole, what was the position that you

15 held?

16 A. I was hired as an education consultant.

17 Q. And how long have you held the position of the

18 division administrator?

19 A. I believe I've been a division administrator

20 almost 12 years.

21 Q. Can you summarize your education and employment

22 history prior to coming to work for the Wyoming Department

23 of Education?

24 A. Yes. I'm a graduate from the University of

25 Nebraska with a Bachelor of Science and endorsement in K-12

Wyoming Reporting Service, Inc. 1.800.444.2826 935

1 education. I taught high school for approximately six

2 years in Nebraska and in Wyoming, after which I worked at a

3 newspaper in sales and ultimately then as an administrator

4 for the American Red Cross before coming to the Department

5 of Education.

6 Q. Are you certified as a teacher in either Nebraska

7 or Wyoming?

8 A. Yes. Iwas.

9 Q. Not currently?

10 A. I am not currently certified.

11 Q. Where does a division administrator fit -- I

12 guess I should give you a time context. Let's talk about

13 under Dr. McBride. Where would a division administrator

14 fit in the organizational chart?

15 A. Under the McBride administration, the division

16 administrator would have been at the very top of the

17 organization reporting to the deputy who worked at the

18 pleasure of the elected official, Dr. McBride.

19 Q. And did that change -- talking about the position

20 on the org chart of division administrator, did that change

21 when Superintendent Hill took office?

22 A. Yes, it did somewhat. I still had all of the

23 same responsibilities as a division administrator and all

24 of the functions that I was to perform, but above me there

25 were several instructional leaders, special programs,

Wyoming Reporting Service, Inc. 1.800.444.2826 936

1 employee and maybe some others that I don't recall right

2 now, but there were several other higher level positions

3 above division administrator.

4 Q. Ms. Wigert, when the governor appointed an

5 inquiry team to investigate allegations concerning

6 Superintendent Hill and her administration, did you provide

7 information to that inquiry team?

8 A. Yes, I did.

9 Q. Part of the information that you provided was a

10 document that, as I understand it, is just a series of

11 notes that you titled "Most Egregious Incidents"; is that

12 correct?

13 A. That is correct.

14 Q. Did you keep notes of what occurred at the

15 workplace when you worked for Superintendent Catchpole?

16 A. No, I did not.

17 Q. Did you keep notes during your tenure with the

18 Blankenship administration?

19 A. No, I did not.

20 Q. How about with the McBride administration?

21 A. No, I did not.

22 Q. So can you tell the committee why it was that you

23 began keeping those notes under the Hill administration?

24 A. Yes. I first met the newly elected

25 superintendent the first part of December, December 10th,

Wyoming Reporting Service, Inc. 1.800.444.2826 937

1 in fact, and that first meeting with her she was

2 accompanied by Kevin Lewis, and it was at that meeting that

3 I experienced what I thought was a harassing situation, and

4 I was unnerved by it. And I went home and journaled and

5 documented what happened.

6 Q. Tell us about the unnerving situation that

7 occurred on the 10th of December, 2010.

8 A. That meeting was orchestrated by me at the

9 suggestion of the existing administration, who had

10 encouraged us to meet and visit with the new superintendent

11 to help her get acclimated and transition into her new

12 role. And I had actively asked to have a meeting with her

13 to discuss with her all what we had put together in a

14 document for transition purposes, and my document was

15 called "Top Ten Hot Topics," and I wanted to share those

16 with her.

17 She had agreed, and she was on her way down to my

18 office to meet with me. That was the day we shook hands, I

19 introduced myself, and we visited about those hot ten

20 topics.

21 However, before the meeting began she took a

22 phone call in the hallway. Kevin Lewis came into my office

23 and sat down and said, "My wife says that I'm nosey, but

24 how old are you?" And I was astonished by the question and

25 felt that it was inappropriate, knew that it was not a

Wyoming Reporting Service, Inc. 1.800.444.2826 938

1 question that should be asked among employees, and I said,

2 "I'm perpetually 43. I guess I'll always be 43." And he

3 said, "Well, if you're not going to tell me, I have ways of

4 finding that out."

5 That was the end of that conversation string with

6 him, but Cindy Hill did come in and we went over then the

7 ten hot topics that I had prepared for that meeting.

8 At the end of that day, in order to process that,

9 I went home and wrote notes about it.

10 Q. Were these notes kept on a home computer?

11 A. Yes, they were.

12 Q. Were the notes that you've put into your most

13 egregious incidents document made relatively

14 contemporaneously with the events they describe?

15 A. Yes, they were.

16 Q. Are the descriptions that are in the most

17 egregious incidents document true and accurate, to the best

18 of your knowledge and belief?

19 A. Yes. They are an indication of what I believe

20 happened in those circumstances.

21 Q. I would like to direct your attention to the

22 retirement of Leeds Pickering in November of 2010. What

23 was Mr. Pickering's position in the Department?

24 A. Mr. Pickering was the Health Safety and Nutrition

25 Division administrator.

Wyoming Reporting Service, Inc. 1.800.444.2826 939

1 Q. When -- did Mr. Pickering decide toward the end

2 of the McBride administration to retire?

3 A. Yes. Mr. Pickering had been on record for some

4 time that his retirement was imminent. We all knew the

5 date, and it had been anticipated in the Department of

6 Education.

7 Q. Did Mr. McBride fill the position when

8 Mr. Pickering did retire?

9 A. Dr. McBride elected to appoint an interim Health

10 Safety and Nutrition director, recognizing that

11 Mr. Pickering's retirement was the 1st of November, and it

12 coincided very closely with the election of the new

13 superintendent. Regardless of who that was to be, the

14 belief was that an interim director would be in that

15 position allowing the newly elected superintendent the

16 opportunity to fulfill that position -- or fill that

17 position with their own selected applicant.

18 Q. So Mr. Pickering's position was filled with an

19 interim appointment?

20 A. That'scorrect.

21 Q. And who was the interim appointee?

22 A. ThatpersonwasTomMartin.

23 Q. Was Tom Martin, in your opinion, qualified to

24 take on the duties of the administrator of the Health

25 Safety and Nutrition Division?

Wyoming Reporting Service, Inc. 1.800.444.2826 940

1 A. I believe he was exceptional and qualified.

2 Q. Do you know what his background was?

3 A. Yes, I did. I had hired Tom Martin, and he was

4 working in my division. He was a former superintendent in

5 the state of Wyoming. He had been a superintendent in I

6 believe a couple of districts in Fremont County, and he was

7 a lifelong educator who started out in the classroom,

8 worked up through being a principal and ultimately a

9 superintendent.

10 He would moved to Cheyenne, come to work at the

11 Department of Education. So he had a full spectrum of

12 information and experience about education.

13 Q. Did he take the interim position on or about the

14 1st of November of 2010?

15 A. I believe that was the timeline, yes.

16 Q. Okay. So between him taking the interim position

17 and the election of the new superintendent was

18 approximately two months?

19 A. Would you ask that question again, please?

20 Q. Sure. He held the position of interim

21 administrator for approximately two months prior to

22 Superintendent Hill taking office?

23 A. Yes, that's correct.

24 Q. And how did he perform during that time as the

25 interim administrator?

Wyoming Reporting Service, Inc. 1.800.444.2826 941

1 A. He performed enthusiastically. It was a role he

2 had really wanted, and he was very well accepted among

3 that -- that division. And I was pleased that he was

4 having the opportunity to move vertically in their

5 organization.

6 Q. What happened to Mr. Martin in the interim

7 administrator's position when Superintendent Hill took

8 office?

9 A. He at some point was relegated back to the

10 supervisory position that he had held in my division, and I

11 welcomed him back into that position.

12 Q. What happened to the position that was previously

13 held by Leeds Pickering and was held by Mr. Martin on an

14 interim basis?

15 A. That position was repurposed and it was moved, I

16 believe -- I'm not certain about this. I thought it was

17 moved into the Information Management Division, but I could

18 be wrong. I know that it was not retained as a Health

19 Safety and Nutrition Division administrator.

20 Q. Can you tell us what a B-11 is?

21 A. A B-11 actually is a citation in Wyoming statute.

22 It's B and Romanette II of a specific statute that I can't

23 quote right now, but the B-11 refers to the process that

24 agencies must go through to reclassify positions and to

25 repurpose for purposes other than how they were

Wyoming Reporting Service, Inc. 1.800.444.2826 942

1 legislatively mandated.

2 Q. So did you see a B-11 form for the repurposing of

3 the position that was vacated by Leeds Pickering?

4 A. No, I did not.

5 Q. So if the position was repurposed, we have a

6 division without an administrator, correct?

7 A. That is correct.

8 Q. So what happened to the Health Safety and

9 Nutrition Division?

10 A. Well, interestingly, I was approached by Roger

11 Clark, who was my direct report, and he had told -- he did

12 tell me that the superintendent was going to ask me to step

13 up and assume the responsibilities for that division.

14 Q. This is just so that I don't get confused

15 primarily. What was the title of your division prior to

16 the incorporation of I'm going to call it HSN?

17 A. The division that I was responsible for at that

18 time was Innovative Connections and Support.

19 Q. And what did the Innovative Connections and

20 Support Division do?

21 A. It was responsible for on-line distance

22 education, Career Technical Education and the Wyoming

23 Equality Network, known as the WEN.

24 Q. Did you have any responsibility about or around

25 Internet connectivity above the schools?

Wyoming Reporting Service, Inc. 1.800.444.2826 943

1 A. Yes. I was responsible for that.

2 Q. I'd like to direct your attention to an

3 all-agency meeting that was held shortly after

4 Superintendent Hill took office. And first I want to sort

5 of clarify something. In your notes you list the date of

6 that meeting as January 6, 2011, correct?

7 A. Yes, I did.

8 Q. I will tell you that the meeting is recorded as

9 available for review on the WEN website, and there the date

10 of that meeting appears to be January 5th, one day earlier.

11 Regardless -- well, first of all, do you know which of

12 those two dates is accurate?

13 A. Yes, Mr. Salzburg, you apprised me of that, and I

14 think that was an error in my own notation. It was the one

15 and only note for that week, and I think I did say in my

16 notes that was two days after inauguration day.

17 Q. Do you know when inauguration day was?

18 A. I believe that was January 3rd.

19 Q. In any event, whether it was the 5th or the 6th,

20 did you attend that meeting?

21 A. Yes, I did.

22 Q. Where did it occur?

23 A. It occurred in the Herschler Building in the

24 large inner meeting room known as B63.

25 Q. That's a large meeting room that is in the

Wyoming Reporting Service, Inc. 1.800.444.2826 944

1 basement, as I recall.

2 A. Yes,itis.

3 Q. Was the meeting attended by all of the

4 departmental employees?

5 A. I would venture that nearly all Wyoming

6 Department of Education staff were there that day.

7 Q. Okay. What happened at the meeting?

8 A. It was a meeting of introduction, and the

9 superintendent covered several topics that day. She had

10 with her a couple of staff members that she had identified

11 as being on her transition team.

12 Q. Andwhowerethey?

13 A. The couple people that I remember specifically

14 were Sheryl Lain and Kevin Lewis.

15 Q. Do you recall if Roger Clark was present?

16 A. Idonotrecallthat.

17 Q. Was there an announcement made at that meeting

18 regarding the future of the Wyoming office of the

19 department -- I'm sorry, the Laramie office of the

20 Department of Education?

21 A. Yes. That was one of the major topics of

22 conversation at that meeting. Superintendent Hill

23 announced that the Laramie office would be closing, and

24 then there was some conversation that ensued between her

25 and the then director of assessment at -- in Laramie.

Wyoming Reporting Service, Inc. 1.800.444.2826 945

1 Q. And who was the then director of assessment in

2 Laramie?

3 A. Dr. Alan Moore.

4 Q. Was assessment the only division that was housed

5 in the Laramie office?

6 A. No, I believe the Laramie office also included

7 the Standards and Accreditation Division.

8 Q. Do you recall who was the administrator of the

9 standards division?

10 A. Yes. Kay Post.

11 Q. What was the reaction of the employees of the

12 Laramie office to that announcement?

13 A. There was a lot of shock and awe perhaps among

14 those employees. It was announced without any previous

15 notice about that kind of action, and I'd say the people

16 sitting around me were -- who were working in Laramie were

17 pretty unnerved by this announcement.

18 Q. To your knowledge, was there anyone outside of

19 the superintendent's leadership team who were aware of the

20 plan to close the Laramie office?

21 A. Yes, Dr. Alan Moore had been apprised the evening

22 before that the office was going to be closed.

23 Q. And how did you know that?

24 A. That conversation took place vocally at this all

25 staff meeting between Superintendent Hill and Dr. Moore.

Wyoming Reporting Service, Inc. 1.800.444.2826 946

1 Q. Was Superintendent Hill -- or what was

2 Superintendent Hill's demeanor toward Dr. Moore with

3 respect to the announcement?

4 A. I would describe it as accusatory. She stated

5 that "You had been apprised the evening before at around

6 four o'clock, and you could have notified your employees

7 that this office was going to be closed." And Dr. Moore

8 responded by saying, "I believe it was closer to 4:30," and

9 there was a little I would call it quibbling between the

10 two of them about whether or not that had been an adequate

11 amount of time for him to have given his employees notice

12 that the office was going to be closing.

13 Q. Let's talk about other things that were discussed

14 at the meeting. Do you recall an announcement by

15 Superintendent Hill that she intended that the walls would

16 come down?

17 A. Yes, I do.

18 Q. And what did that mean to you?

19 A. Well, it was explained, so I didn't have to infer

20 what it would meant -- what it would mean. She said that

21 walls were going to be removed between the existing offices

22 on the second floor of the Hathaway Building, and where in

23 the largest part employees had their own offices, employees

24 would now be grouped in groups of three, in some instances

25 four, in some instances it turned out five people in

Wyoming Reporting Service, Inc. 1.800.444.2826 947

1 offices, and that those walls would be removed to increase

2 communication and collaboration among the staff.

3 Q. Did Superintendent Hill comment regarding her

4 transition team?

5 A. She did make mention of a transition team. I

6 recall her saying that she had a transition team of

7 approximately ten people, most of whom would never be

8 illuminated.

9 Q. What did that mean to you?

10 A. That meant to me that she wasn't going to

11 identify who those people were.

12 Q. Was there any explanation offered by the

13 superintendent regarding why her transition team weren't

14 going to be identified?

15 A. I don't recall that there was any explanation for

16 that.

17 Q. So what was your reaction to the comment that

18 there was a transition team of ten, most of whom would not

19 be illuminated?

20 A. I found it perplexing really that she wouldn't

21 describe who she was seeking input from and guiding her in

22 her newly elected position. I thought it would have been

23 something she would have wanted to make transparent and

24 give those people credit and allow the employees that she

25 was going to be assuming oversight of opportunity to know

Wyoming Reporting Service, Inc. 1.800.444.2826 948

1 who these people were.

2 Q. Do you recall that Superintendent Hill announced

3 that she wanted the employees to answer three questions for

4 her?

5 A. Yes, I do.

6 Q. Did you write those questions down in your notes?

7 A. I did, to the best of my recollection.

8 Q. I think I mentioned to you that I've actually

9 gone out and watched the WEN video. Have you been able to

10 go out and look at the WEN video since the time of the

11 video being made?

12 A. No, I have not.

13 Q. And I've told you that there appears to be some

14 discrepancy between the way you recall it and what is

15 actually shown on the video, correct?

16 A. Yes, you have.

17 Q. The questions -- and I think these are accurate

18 quotes from the video -- were: Can you commit to every

19 student's learning in Wyoming? Are you willing to listen

20 to every person who approaches you? And are you willing to

21 honor the new superintendent's leadership? Do you have any

22 disagreement that those are accurate quotes with respect to

23 the three questions?

24 A. Well, those were not how I heard them or as I was

25 note taking at that time. So I believed the questions were

Wyoming Reporting Service, Inc. 1.800.444.2826 949

1 more to the point of what do you do in your roles that

2 impact students? When was the last time you were in a

3 school? And the final question was, will you honor me as

4 your superintendent?

5 Q. Okay. So the third question at least is,

6 although paraphrased, is essentially the same, right?

7 A. The third one is the one that's most similar to

8 the three questions as you had read them to me.

9 Q. Okay. So we've identified an error of the date

10 and identified what appears to be an error in how you

11 quoted the questions. To what do you attribute those

12 errors, if they are errors?

13 A. Either my inaccuracy in taking notes or perhaps

14 more conversation that occurred during that meeting. So I

15 believe those two questions that I -- that I reported may

16 have been cited that way elsewhere in the meeting. And I

17 think when I took those to my home computer, it was either

18 just a typographical error when I typed January 6th or

19 maybe I just missed it entirely when I was --

20 Q. Allright.

21 A. When I was -- actually when I was trying to

22 process what had happened I jotted January 6th. So I just

23 believe it was an error.

24 Q. Now, I'd like to direct your attention to a

25 meeting that occurred on January 24th of 2010 or '11

Wyoming Reporting Service, Inc. 1.800.444.2826 950

1 according to your notes. Do you recall that meeting?

2 A. Yes, I do.

3 Q. What was the purpose of that meeting?

4 A. The purpose of the meeting was to visit with the

5 new superintendent and the team that she had brought in and

6 were in place at that time and to meet with my division as

7 she was reportedly meeting with all divisions and to answer

8 those three questions that I've articulated earlier.

9 And that meeting was scheduled for January 24th,

10 and it took place on that day.

11 Q. So what happened at the meeting?

12 A. It was at that meeting that I had acquired this

13 new division that had been under my -- under my oversight

14 then for about ten days, I believe, and this included then

15 these nutrition programs, pupil transportation and school

16 safety and security people, as well as my existing staff

17 that I had been overseeing.

18 It was a pretty large group of staff, and it was

19 at that meeting that we were prepared to answer those three

20 questions. What are we doing to impact students? Each of

21 the staff were able to think through that and have an

22 answer, a connect the dots, if you will, between what they

23 did and how they were able to impact students. They also

24 were prepared to answer when were they last in school and

25 to also talk about how they would honor the new

Wyoming Reporting Service, Inc. 1.800.444.2826 951

1 superintendent.

2 Q. What was your understanding of what that question

3 means, how you honor the new superintendent or do you

4 commit to honor the leadership of the new superintendent,

5 whatever it was, what does that mean?

6 A. To me that means do you honor that I have been

7 elected and that I have this elevated position as

8 recognized by the State of Wyoming and its voters, and do

9 you understand that I am taking over and I have the

10 leadership now of the Department of Education.

11 Q. So at the meeting did your staffers begin to

12 answer these questions?

13 A. Yes, they did. And it was in some sort of random

14 way, I don't recall whether we went round robin on each

15 question or whether each person attempted to answer all

16 three questions when they spoke, but it was conversational

17 among the staff and the superintendent and the staff

18 interacting with her.

19 Q. And how did you think the meeting went, generally

20 speaking?

21 A. I thought it was quite informational because I at

22 the same time was learning some of the responsibilities and

23 the experiences and the views of this new Health Safety and

24 Nutrition team, and the existing team was also well

25 postured to answer those questions. And I thought it was

Wyoming Reporting Service, Inc. 1.800.444.2826 952

1 really quite enlightening both for me and I believe it

2 probably was for the new superintendent.

3 Q. Did you express your pleasure to the

4 superintendent with respect to how the meeting had gone?

5 A. More or less. I don't know that I expressed

6 pleasure, but I had the opportunity that afternoon -- the

7 meeting had occurred in the morning by the way -- to see

8 her in the front office, and I asked her, "How did you

9 think our meeting went this morning?" Whereupon she

10 answered that she didn't think it had really gone all that

11 well because among my staff were those who had not made eye

12 contact with her.

13 Q. Anything else?

14 A. Yes, in sort of segueing between introducing

15 various staff and sort of being the facilitator of the

16 meeting, I had mentioned that we all understood that the

17 walls were coming down and we were going to be tightening

18 up our work spaces and how we would be working in the

19 future in these collaborative, more communicative

20 environments, and she addressed that with me.

21 Q. What did she say?

22 A. She said that she noticed I had used the word

23 "tighten" not once but two times and that we were not

24 tightening anything, but that we were trying to create

25 greater collaboration and communication, which I

Wyoming Reporting Service, Inc. 1.800.444.2826 953

1 acknowledged and said yes, I understood and I was on board

2 with that and that we would be -- be supporting that.

3 Q. We talked a bit about Tom Martin earlier. Can

4 you tell the committee what happened to Tom Martin?

5 A. Yes, on a day, according to the notes that I

6 prepared for the MacPherson report, it was on March 7th

7 that Tom Martin and I were having what I call one-on-one

8 meetings. I met with each of my supervisors once a month

9 individually, and he and I were in the process of having

10 one of those monthly meetings when my administrative

11 assistant knocked on the door and said that "Superintendent

12 Hill would like to see both of you" and we were to come

13 down to the big office, which was a space that -- between

14 the front office and mine where the Hill administration had

15 sort of set up headquarters as they were building their

16 transition team. And I don't know that anybody

17 specifically was officing in that space, but I knew what

18 the big office meant. It had a big round table in it.

19 Q. And so did you go to the big office?

20 A. Yes. Tom Martin and I went down.

21 Q. And what happened there?

22 A. In the office was the superintendent and her

23 public information officer, Jerry Zellars. They closed the

24 door and the meeting was begun by Jerry Zellars.

25 Q. And what did Mr. Zellars have to say?

Wyoming Reporting Service, Inc. 1.800.444.2826 954

1 A. The essence of the meeting was that on the

2 previous day Tom Martin and Chuck Mitchell were having

3 lunch together in another one of our work areas in the

4 department, and during that lunch period Jerry Zellars had

5 come in or maybe he was eating lunch at the same time, I

6 don't recall, and I wasn't present at this lunch meeting.

7 The conversation of innovation in education was brought up,

8 and in that conversation apparently Tom Martin had asked

9 how will the superintendent innovate, it will be

10 interesting to know how she will accomplish that. Gee, I

11 think innovation in education is really hard. Those are

12 the kinds of things that I've always tried to do, and there

13 was conversations about that phrase.

14 Q. And so why does that conversation or that phrase,

15 if it was said that way, merit a meeting in the big office?

16 A. Well, according to Jerry Zellars' understanding

17 of the meeting, Tom Martin was not supportive of the

18 superintendent if that's what she, in fact, was trying to

19 do. That had been his view of Tom Martin's comments during

20 that lunch meeting.

21 Q. Was Tom Martin present when Mr. Zellars described

22 the conversation?

23 A. Yes, Tom and I and Jerry Zellars and the

24 superintendent were all in there as he redescribed what he

25 had heard the previous day.

Wyoming Reporting Service, Inc. 1.800.444.2826 955

1 Q. So did Tom Martin have an opportunity to clarify

2 what the comment was or what he meant by the comment?

3 A. Yes. As I recall, he kind of sat forward and

4 thought this is a continuance of the conversation we were

5 having yesterday, and he was nodding his head, and it was

6 my opinion that Tom Martin thought we were getting ready to

7 talk about new or innovative ways for education, and I

8 believe he thought we were in there to continue that

9 conversation.

10 Q. Is that what occurred?

11 A. Almost immediately that's not what was occurring.

12 It was a meeting more of reprimand around Tom Martin.

13 Q. How long did the meeting last?

14 A. I believe it lasted about 70 minutes.

15 Q. Seven zero?

16 A. 70 minutes, yes.

17 Q. Did you have any conversation with Mr. Martin

18 following the meeting regarding how he felt as a result of

19 it?

20 A. Only marginally. As we left the office and

21 walked down the hall, he was deflated and I think also just

22 demeaned by the whole unfolding of the perceptions around

23 his words and his thoughts around innovation in education.

24 Q. Now, this was a conversation that was held

25 between Tom Martin and Mr. Mitchell I think you described

Wyoming Reporting Service, Inc. 1.800.444.2826 956

1 it.

2 A. Yes. That's who was having lunch together on the

3 previous day.

4 Q. Was any suggestion made that Mr. Mitchell join

5 the meeting and offer his view of what the discussion

6 concerned?

7 A. Yes. Throughout that 70 minutes, there was

8 probably equal conversation among the four of us, and I was

9 trying to support what I believed Tom Martin probably was

10 thinking because I knew him well. I knew he was an

11 innovator. I knew he liked change. So I was expressing

12 those kinds of things.

13 Jerry Zellars was differing with that view.

14 Cindy had been apprised by Jerry Zellars. She expressed

15 she had great confidence and knew Jerry was loyal to her,

16 and she leaned forward and told Tom Martin, "I don't trust

17 you." And so at one point in trying to help mediate this

18 to ensure this new administration would understand that

19 both Tom Martin and I were interested in innovation in

20 education, that perhaps we should also visit with Chuck

21 Mitchell. He may have misunderstood Tom's comments and may

22 have been able to lend some information or, if nothing

23 else, we need to correct Chuck Mitchell's impressions

24 around innovation in education.

25 Q. What was the upshot of the meeting?

Wyoming Reporting Service, Inc. 1.800.444.2826 957

1 A. The outcome of the meeting was that it was past

2 noon. Tom Martin and I walked down the hall. He said, "I

3 have to leave." I said, "Yes, I do think you should leave

4 the building. You and I can debrief about this a little

5 later, but I don't think we should do it right now. We're

6 both very emotionally spent, and if you feel like you need

7 to take some time off, you're -- you certainly have my

8 permission to do that." And he said, "I'll think about

9 that for a minute." And we walked to our respective

10 offices, but he was back in mine in just a few minutes and

11 he brought a leave slip and said, "Actually I'd like to

12 take the rest of the afternoon as you've suggested." And I

13 said, "I will talk to you tomorrow morning." And the

14 outcome was that when he returned the next morning, he

15 brought a letter of resignation, or excuse me, a letter of

16 retirement.

17 Q. When was his retirement to become effective?

18 A. He wrote it in the letter, and I believe it was

19 May 31st.

20 Q. What was the impact of the loss of Mr. Martin on

21 your operation?

22 A. I thought it was significant. He was a dedicated

23 employee, someone that I relied upon a great deal, and he

24 was also someone who always said pick me whenever there

25 were committees and opportunities in the Department of

Wyoming Reporting Service, Inc. 1.800.444.2826 958

1 Education. So I felt it was going to be a loss to my

2 Career Technical Education team over which he was the

3 supervisor, and I also thought it was going to be a loss

4 for the Department of Education.

5 Q. I'd like to direct your attention to a meeting

6 with federal nutrition employees. Do you recall that

7 meeting?

8 A. Yes, I do.

9 Q. When did that occur?

10 A. That meeting occurred on March 31st of 2011.

11 Q. And who were the federal employees that were at

12 the meeting?

13 A. The two employees from the regional office of the

14 United States Department of Agriculture in were

15 Darlene Sanchez and Darlene Barnes.

16 Q. Did you call them the two Darlenes?

17 A. The supervisor who was not working for me, Tamara

18 Jackson, did refer to them that way, and they sort of

19 enjoyed that moniker, and so, yes, I called them that as

20 well.

21 Q. What was the purpose of the meeting?

22 A. They had initiated the meeting saying that it has

23 been their practice in their region anytime there's a

24 change in leadership in the states that they oversee that

25 they try to make state visits, and they had initiated a

Wyoming Reporting Service, Inc. 1.800.444.2826 959

1 meeting with the new superintendent.

2 Q. What was discussed at the meeting?

3 A. Most notably the Healthy, Hunger-Free Kids Act

4 had just passed in Congress -- I think it was sometime in

5 2010. I don't recall the time frame in 2010 -- which was a

6 very aggressive change in the school nutrition programs,

7 and they wanted to discuss that with the superintendent.

8 Q. What did the new statute require in terms of the

9 State's compliance?

10 A. Overwhelmingly many more changes that I would not

11 be able to articulate except the one that my supervisor had

12 been very direct with wanting me to understand is we only

13 had one consultant who made the current requirement of

14 visiting every school on a five-year rotation, and now this

15 new act would require that she visit every school in

16 Wyoming on a three-year rotation. And she wanted me to

17 understand how intense and almost not doable that would be

18 for her staff person.

19 Q. So why did this meeting make your egregious list?

20 A. The reason that I notated on this meeting was I

21 thought the meeting had gone very well and both of the

22 Darlenes and the superintendent, Tamara Jackson and myself

23 were all engaged except at the end of this meeting I asked

24 both of them, how are other states managing, not just the

25 one visitation requirement, but all of the components of

Wyoming Reporting Service, Inc. 1.800.444.2826 960

1 the new act, how were they powering up and able to do --

2 meet these requirements.

3 Q. And it -- okay. Still the question is why does

4 that make your most egregious list?

5 A. Let me add, then. So in asking that question,

6 both of them spoke to that, and I don't recall what they

7 cited and what other states were doing, but at the end of

8 the meeting everyone had said good-bye and had shaken

9 hands, Tamara was walking both of those visitors to the

10 elevator, and Cindy said then to me outside of her office

11 very specifically that she had not appreciated that

12 question, and she wanted me to know she had no intention of

13 growing state government and that she would not be hiring

14 more employees.

15 And I felt demeaned that she would have thought

16 my question was implying that. And I also felt that the

17 manner in which she was addressing me in front of other

18 people in the front office was very disrespectful, and as a

19 result, I went home and journaled that.

20 Q. Was there some standard that you had for

21 egregiousness in terms of what made your list of most

22 egregious or did you just start journaling everything?

23 A. No, I didn't journal what was hearsay or what I

24 didn't experience. I only took those notes if they were my

25 experience and/or my staff's experience and I was present

Wyoming Reporting Service, Inc. 1.800.444.2826 961

1 for it.

2 Q. Okay. In the interest of time, do you know --

3 first of all, do you have the list with you?

4 A. The list of what?

5 Q. Your most egregious list.

6 A. Yes, I got it in front of me this morning. It's

7 the list I prepared and provided to the MacPherson inquiry

8 team.

9 Q. How many items are on the list?

10 A. I have not counted them. I think about 18.

11 Q. Okay. And in the interest of time, can you

12 identify the most, most egregious things that occurred?

13 A. I believe the meeting with the Wyoming High

14 School Activities Association meeting would be one of them.

15 Q. All right. Let's go there. Let's lay some

16 foundation first. Was there some legislation that was

17 passed in 2011 that included guidance regarding head injury

18 resulting from school athletics?

19 A. Yes, I have it labeled as Enrolled Act 97, and it

20 was directing the Department of Education to develop

21 protocols for school districts and local school boards to

22 create policy for concussions and head injuries that been

23 acquired in athletics.

24 Q. Was that subject matter something that your

25 division was responsible to address?

Wyoming Reporting Service, Inc. 1.800.444.2826 962

1 A. Yes, it was part of my school safety team.

2 Q. What did the new legislation require

3 specifically?

4 A. My recall is that we needed to develop model

5 protocols and then share those with school districts so

6 that they could use those to create their own.

7 Q. When did the meeting relative to this item on

8 your list occur?

9 A. Well, it happened that on that day of May 3rd I

10 was in the front office and realized by seeing the

11 superintendent's calendar sitting in the front office, it

12 was available for people to see, that the superintendent

13 was meeting with the Wyoming High School Activities

14 Association.

15 And unrelated to this concussion law, Tom Martin

16 was the Department of Education's liaison -- that's an

17 appointed position -- to the Wyoming High School Activities

18 Association, and I asked Rita Watson if Tom Martin was

19 attending that meeting, and she said, "I don't believe so."

20 And I said, "Do you know what the meeting is about?" And

21 she did not.

22 So the superintendent was not there, and I didn't

23 have her to ask this question of, but I looked for someone

24 on the leadership team to ask would it behoove me and/or

25 Tom Martin to participate in this meeting since he is the

Wyoming Reporting Service, Inc. 1.800.444.2826 963

1 liaison. Perhaps we could lend some expertise or

2 information to the meeting, and I don't recall whether I

3 saw Roger Clark or John Masters, but one of them said no

4 problem. Go ahead and attend.

5 Q. Okay. And during the meeting with the -- what

6 did you call it, the Wyoming High School Activities

7 Association?

8 A. That's correct.

9 Q. Did the subject of concussions or head injuries

10 related to athletics come up?

11 A. Yes, it did. Because the Wyoming High School

12 Activities Association had been proactively meeting with

13 people around that topic because, of course, it was

14 something of interest to them.

15 Q. Did you have somebody on staff who was

16 specifically responsible for starting to work on the

17 protocols that were required in response to that

18 legislation?

19 A. I did.

20 Q. Who was that?

21 A. Her name is Meaghan McClellan. She's a

22 registered nurse, although those were not her

23 responsibilities at the Department at that time. She had

24 been identified as the person to be the lead in enacting or

25 in implementing this legislation.

Wyoming Reporting Service, Inc. 1.800.444.2826 964

1 Q. And during the meeting when the topic of

2 concussions or head injuries as a result of athletics

3 arose, did you suggest that maybe Meaghan McClellan ought

4 to come in and inform the superintendent and the high

5 school association of what was going on?

6 A. That is exactly what I did. I did know that

7 Meaghan McClellan and her direct supervisor, Chuck

8 Mitchell, had sponsored worked on this. And I knew that

9 some meetings occurred. In fact, I had participated in one

10 of the meetings, and I asked the superintendent if it

11 wouldn't be appropriate for me to go get Meaghan and invite

12 her to come in and participate in this meeting.

13 Q. And did she?

14 A. I did. And, yes, she did.

15 Q. And so why does this incident make your most,

16 most egregious list?

17 A. Well, from that meeting, which by the way, I

18 thought was very robust and a fairly profitable meeting

19 among the people from the High School Activities

20 Association and Meaghan McClellan and the rest of us that

21 we came to some consensus about how we were rolling out

22 this piece of legislation and that we would be all

23 including one another in that work.

24 It was only after that meeting as everyone had

25 left the room and we were all moving to the front office,

Wyoming Reporting Service, Inc. 1.800.444.2826 965

1 the foyer area of the second floor of the Hathaway where we

2 office, that the superintendent said again in the front

3 area, could she please count on me in the future to get the

4 right people at the meeting, which took me aback because I

5 didn't know the meeting was happening until that morning,

6 and I'd not been included in the meeting and had inserted

7 myself and my staff into the meeting and explained to her

8 that I had been unaware, but yes, certainly, that I would

9 try in the future, but in this instance I didn't know this

10 meeting was happening.

11 She sort of brushed over that, but said and could

12 she please count on me to ask the right questions in the

13 future.

14 Q. What did that refer to?

15 A. I don't really know what that referred to, but

16 there was something evidently in how I had participated in

17 that meeting that she took fault with.

18 Q. All right.

19 A. I'd just like to add, too, that this was another

20 sort of public humiliation reprimand to me which I just

21 found embarrassing, unprofessional and unwarranted.

22 Q. You had been previously chastised for asking a

23 question of the two Darlenes, correct?

24 A. Yes. That's true.

25 Q. And now you were being chastised for not asking

Wyoming Reporting Service, Inc. 1.800.444.2826 966

1 questions, correct?

2 A. That's how it felt to me, yes.

3 Q. Let's go to your next most egregious incident.

4 A. Well, as I'm looking at my list here,

5 Mr. Salzburg, the one that comes up next is the repurposing

6 of my position 85 that was moved to another division,

7 Information Management.

8 Q. Okay. So let's lay some foundation. What was

9 the origin of position 85 in your division?

10 A. Position 85 was a position and an appropriation

11 that I had acquired in 2008 through Wyoming Statute

12 21-12-105, and we had been successful in conversation with

13 the legislature about offering a very sizable grant program

14 called the Career Demonstration Grant Projects. And I had

15 been given in this particular legislation the one full-time

16 position and salary and benefit money for that person to

17 enact this grant program.

18 Q. So what happened to the position?

19 A. Well, based upon my earlier testimony, Tom Martin

20 left in May of that year, and his position was filled by

21 Guy Jackson, who had worked for Tom Martin, leaving

22 position 85 open. Guy Jackson was in that slot 85. So I

23 assumed that as Guy Jackson moved up into the supervisory

24 role that now I would need to fill position 85 to carry out

25 those statutory requirements.

Wyoming Reporting Service, Inc. 1.800.444.2826 967

1 As it turned out, I was told that I wouldn't be

2 filling that position, and it also was one that was going

3 to be repurposed, and it was, in fact, moved to Information

4 Management, and those duties were absorbed among the

5 existing team.

6 Q. And so why does that make this list of the most,

7 most egregious incidents?

8 A. Well, for a couple of reasons. The first that

9 this budget was specifically for a purpose. It was passed

10 legislatively, and position 85 was assigned to it, and it

11 wasn't going to be used for that purpose.

12 And the second reason is, to my knowledge, it was

13 not B-11ed and repurposed appropriately.

14 Q. Okay. Let's go to the next item, again, trying

15 to cull this down. Let's see. Miss Wigert, I want you to

16 know that the document is available for the committee's

17 perusal. You've already testified that, to the best of

18 your recall, it's accurate, all right.

19 A. Yes.

20 Q. And so we have a deadline today and we have

21 testimony from Superintendent Hill that we have to cover,

22 or try and cover, and she has to be out of here she

23 announces by 5 p.m., and so that's why I'm trying to hurry

24 you along. It's not because what you have to say isn't

25 important.

Wyoming Reporting Service, Inc. 1.800.444.2826 968

1 A. I think I would just like to talk, Mr. Salzburg,

2 about two other incidents that are on my list.

3 Q. Good.

4 A. And the next one is the Wyoming PREP, and that's

5 acronym, P-R-E-P, funding.

6 Q. Give me some sort of a date reference so I can

7 find it in my notes.

8 A. This was around the April-May time frame 2012.

9 Q. All right. Well, explain what the issue was.

10 A. The issue is that the Wyoming Department of

11 Health had received in 2009 a 1.25, one and a quarter

12 million dollar grant from the Center for Disease Control,

13 and that money was for a grant entitled "Personal

14 Responsibility Education Program" that the Wyoming

15 Department of Health had applied for. It was a focus on

16 teen pregnancy and prevention using best practices

17 identified by the CDC, the Center for Disease Control.

18 And as it occurred, the Wyoming Department of

19 Health had contacted Meaghan McClellan in my division

20 because she had taken an active role in writing that grant

21 somewhere prior to 2009. The Wyoming Department of Health

22 had notified Meaghan that they were not going to continue

23 with this grant. There had been a change in governor,

24 there had been a change in Department of Health

25 directorship, and there had been some changes in program

Wyoming Reporting Service, Inc. 1.800.444.2826 969

1 managers. As such, they were going to return the majority

2 of the $1.25 million to the Center for Disease Control, and

3 they had stated they had only expended about $10,000.

4 Meaghan McClellan was very interested in this

5 program, and she brought it to me and her direct

6 supervisor, Chuck Mitchell, and to expedite my commentary

7 here, I asked her to prepare a fact sheet on what this

8 grant entailed. I saw the grant. It looked like it was

9 about 60 pages long, and I asked her to boil that up to a

10 page of facts, one page of facts.

11 I met with the contact person at the Department

12 of Health that Meaghan had been speaking with, and I said,

13 "We need to be able to summarize this and take this notion

14 to the state superintendent." And we were able to get on

15 her calendar around or on May 22nd, and we had submitted

16 that one-page fact sheet to the superintendent, and we were

17 prepared to have a conversation with her and answer

18 questions from her about the essence of this grant and how

19 it might benefit Wyoming students, and that was the purpose

20 of that meeting on the 22nd.

21 Q. And what was Superintendent Hill's response to

22 that meeting?

23 A. The three of us, myself, Chuck Mitchell and

24 Meaghan McClellan, went to the superintendent's office and

25 it lasted about three minutes. We had brought a copy of

Wyoming Reporting Service, Inc. 1.800.444.2826 970

1 the fact sheet and gave it to her. Really almost no

2 conversation occurred. I set up the meeting. I introduced

3 it to provide a reminder of why we were there and happy to,

4 you know, talk about it or entertain her questions, and she

5 said that wasn't really necessary, and the meeting was very

6 brief. I can't remember much of what she said to Chuck

7 Mitchell and Meaghan McClellan except that she would get

8 back to them and let them know what her decision was. But

9 she wasn't leaning -- probably leaning towards taking the

10 funds, and she dismissed them from the meeting and asked me

11 to stay.

12 Q. And what did you discuss after Mr. Mitchell and

13 Ms. McClellan had been excused?

14 A. That becomes a -- that was another meeting that

15 lasted most of an hour. In that meeting, it was similar to

16 the other experiences that I had had with the

17 superintendent. She brought to my attention that we have

18 had issues like this before between her and me and that I

19 should know what she was talking about. I didn't challenge

20 her on those statements, but she did tell me that she

21 questioned my loyalty to her.

22 And I immediately had a flashback to the Tom

23 Martin meeting, and I thought this meeting could very

24 easily go for a very long time, and I decided this is an

25 opportunity to sit back and I'll indulge all these

Wyoming Reporting Service, Inc. 1.800.444.2826 971

1 questions and endure whatever needs to be discussed, but I

2 did say during that meeting that I was here to support her,

3 that I supported innovation in education. I like change.

4 I'm not threatened by it and that this was another

5 opportunity for change and innovation and that I was here

6 to help her. I was not working against her.

7 And somewhere in all of that meeting her what I

8 would describe as animosity towards me sort of ebbed, and I

9 believe she got a phone call or a text message, but there

10 was something that precipitated the end of the meeting at

11 which point she got up from her couch and I was sitting on

12 a chair across from her, and we walked to the door and the

13 meeting was at its end, and she stepped out in the hallway

14 and patted me on the shoulder and told me I was one of her

15 most valuable employees.

16 Q. So what's egregious about that?

17 A. Well, the egregiousness for me or the glaringness

18 of it was that I couldn't really figure out where I stood

19 in terms of my value and my contributions to her. Because

20 my experiences in the 90 days or so leading up to this had

21 mostly been negative experiences, and I couldn't understand

22 why now she was patting my shoulder and saying I was

23 valuable. They seemed very disparate and inconsistent to

24 me.

25 Q. So what happened to the grant?

Wyoming Reporting Service, Inc. 1.800.444.2826 972

1 A. Thank you for asking me that. She did let me

2 know that she -- at that very moment that she would think

3 about it. I failed to mention that in our conversation

4 that she wanted me to understand that she was a

5 conservative and accepting this grant would lead to

6 conversations about birth control and the like or other

7 related topics and that she was not in favor of bringing a

8 grant in-house about that, relevant to that, and that she

9 would think about it and let me know her final decision.

10 And she did at some point in time, and I don't

11 recall the date, she did not accept the grant, and insofar

12 as I know, the remaining 1 million plus funds reverted back

13 to the federal government.

14 Q. Was Meaghan McClellan's position federally

15 funded?

16 A. Yes, Meaghan McClellan was federally funded on

17 another grant, soft money as we call it. It was a

18 competitive grant also from the CDC.

19 Q. If the teen pregnancy prevention program grant

20 had been accepted, was there funding there to continue

21 Meaghan McClellan's position?

22 A. Yes. It was a five-year grant, and so it would

23 have ensured that she would have had continued employment

24 at the Department of Education from -- transitioning really

25 from one CDC grant that was -- that was ending and moving

Wyoming Reporting Service, Inc. 1.800.444.2826 973

1 to this one that was already in process at the Department

2 of Education, but would have been continued for most of

3 four years.

4 Q. So as a result of the decision not to accept the

5 balance of the grant funding, what happened to Meaghan

6 McClellan's position?

7 A. Meaghan McClellan's position was vacated by her.

8 She announced her resignation at a date that I don't recall

9 right now. It's in my notes here. About two months before

10 her grant ended she sought other employment, was hired and

11 is working, at least I think, and is still working at the

12 Wyoming Department of Health, and that position then was

13 vacated.

14 Q. What's the last of your most, most egregious

15 incidents?

16 A. I think the last one as I look at the rest of

17 these, and there's several others that I have highlighted.

18 There's one that I won't talk about today. It was the

19 debrief after the select committee that caused me great

20 angst. But the one that I want to talk about because it

21 relates to my staff and less about me is the September

22 Support Systems and Resource staff meeting of September

23 12th of 2012.

24 Q. Okay. What happened at the meeting?

25 A. This was a meeting that the superintendent had

Wyoming Reporting Service, Inc. 1.800.444.2826 974

1 asked to have. She was -- had intentionally asked to meet

2 and wanted to be meeting with each of the divisions, and I

3 had scheduled her several different months at my monthly

4 staff meeting of staff, and it occurred then that we were

5 going to meet on September 12th. Just to ensure that this

6 one would go through, I texted her on the evening of

7 September 11th and said we're looking forward to having you

8 come tomorrow if that's still working with your plans, and

9 she responded almost immediately and she said yes, she

10 would there the next morning.

11 So this meeting had been planned specifically for

12 her. Again, this is a merged division, and we had -- with

13 using my three supervisors, each of those three teams had

14 met with their staff, and we had come up with a way of

15 informating her at this meeting. And what we had hoped to

16 do was to let her know about these various and other duties

17 that my staff performed that she probably was unaware of.

18 For instance, I didn't think she probably knew

19 that we had some Office for Civil Rights requirements that

20 we had to meet in order to ensure that students with

21 disabilities could participate in Career Technical

22 Education programs. And I didn't think that she probably

23 knew that they were approving driver's education programs

24 or that we had LGBT programs, gay, lesbian, bisexual

25 transgender programs that were underway or that we had a

Wyoming Reporting Service, Inc. 1.800.444.2826 975

1 school safety committee.

2 So there were things that were outside of

3 probably the general working knowledge of the

4 superintendent's office that I wanted each of them to speak

5 to, and then we also wanted her to know about some of our

6 most recent successes and accomplishments that we had

7 gotten some accommodations. And finally we just wanted her

8 to know here are some of the hot button things that are

9 happening in our division that she would really want to

10 know about.

11 So as it happened, she came in a little late that

12 morning, and one of my nutrition staff had gone to Laramie

13 County School District Number 1 and brought back a healthy,

14 nutritious breakfast, part of what she had oversight for,

15 and we were enjoying USDA-approved breakfast burritos that

16 morning. And she came in. We offered her those -- one of

17 those breakfasts. She declined.

18 And so I set the stage and said, "These are the

19 things that we had wanted to talk with you about today,"

20 and we kind of began, got into the first area, whereupon

21 she said something to the effect that this isn't really

22 what she wanted to be talking about and she asked why --

23 why does everyone have -- "Why is everyone looking so sad?

24 Why am I not seeing any smiling faces?" And I thought that

25 was a little bit of a tone breaker or a, you know, kind of

Wyoming Reporting Service, Inc. 1.800.444.2826 976

1 an off-putting remark.

2 But we moved forward at which point she said that

3 she really just wanted to talk about something else

4 altogether different, and her -- what she wanted to change

5 the conversation to, which I fully recognized was her

6 latitude to do, was to talk about how each of us was

7 individually helping students.

8 And so a few of my more verbose staff offered up

9 information around that, and at which point there was some

10 dead silence among my staff, and she said she would be

11 willing to stay for as long as it took, but she expected to

12 hear from every single person and she didn't mind the

13 silence.

14 So then I began kind of taking a little list and

15 creating segues for each of my staff so that each one of

16 them was able to answer her question.

17 And to summarize this, this made my most

18 egregious list because it had been a great opportunity to

19 share with her what was happening in my division. And I

20 really felt that the opportunity had completely been

21 missed, and it had become unnecessarily confrontational.

22 Q. Miss Wigert, do you think that you have given the

23 committee an accurate -- by virtue of these specifics an

24 accurate overview of your view of how the Department

25 operated under the administration of Superintendent Hill?

Wyoming Reporting Service, Inc. 1.800.444.2826 977

1 A. Yes. I think this is a -- probably a sampling of

2 what I experienced to be an oppressive, dysfunctional,

3 destabilized environment and agency.

4 Q. Miss Wigert, I'm going to ask you just five

5 questions that were submitted to us by Superintendent Hill.

6 You've heard them before.

7 Are you familiar with the penalties for perjury

8 and that you are subject to those penalties should you

9 provide false testimony?

10 A. Yes, I am familiar with that.

11 Q. Did you speak to anyone prior to today about your

12 testimony before this committee, including Mr. Jarosh,

13 Mr. Salzburg, or representatives from their firms, members

14 of the legislature or other staff or employees of the

15 State, such as the Governor's Office or Wyoming Department

16 of Education regarding these proceedings today or Senate

17 File 104?

18 A. Yes.

19 Q. So tell us who you spoke to.

20 A. Regarding this process, I spoke directly with you

21 when you called me mid-December, and we established a

22 meeting for December 19th. I was out of state during the

23 holidays, and we spoke by telephone the end of the month,

24 and when I returned you and I spoke again on January 2nd.

25 Q. And describe in detail, if you can recall, the

Wyoming Reporting Service, Inc. 1.800.444.2826 978

1 substance of those conversations.

2 A. The substance of those conversations were based

3 on this document, my most egregious incidents document, and

4 the notes that have been compiled by the MacPherson report.

5 Q. And how long did our conversations last?

6 A. On both December 19th and January 2nd, I believe

7 those conversations were three plus hours.

8 Q. Did the attorneys or their representatives

9 instruct you that your testimony must be truthful and, if

10 based on speculation, conjecture or opinion, must be stated

11 as such?

12 A. Yes, you did provide that to me.

13 Q. Are you in possession of documented evidence

14 relating to your testimony?

15 A. Yes.

16 Q. If yes, have you provided those documents to the

17 committee and superintendent?

18 A. It was provided to the committee via the

19 MacPherson report, yes.

20 Q. Okay. Do statements attributed to you in the

21 MacPherson report accurately reflect your testimony to that

22 committee?

23 A. Yes, it's very accurate, very few nuances of

24 incorrectness.

25 Q. So if yes, do you affirm under oath all of the

Wyoming Reporting Service, Inc. 1.800.444.2826 979

1 statements attributed to you in the MacPherson report?

2 A. Yes, except for those nuances.

3 MR. SALZBURG: Mr. Speaker, that concludes

4 the examination.

5 SPEAKER LUBNAU: I'm looking at my inbox.

6 I don't have an e-mail from you, Superintendent. Do you

7 have any questions? No questions?

8 SUPERINTENDENT HILL: Yes, I do.

9 SPEAKER LUBNAU: I don't have them. I

10 guess we've got committee questions first, I guess, and

11 then the superintendent questions. Any questions from the

12 committee? Representative Madden.

13 REPRESENTATIVE MADDEN: Yeah, thank you,

14 Mr. Speaker.

15 EXAMINATIONBYTHECOMMITTEE

16 Q. (BY REPRESENTATIVE MADDEN) Just quickly I wanted

17 to go back to the B-11 issues that you talked about. And I

18 don't know. I looked through your material in the

19 MacPherson report and other places, but were there other

20 instances within your shop, so to speak, that B-11 was

21 warranted but to your knowledge was not executed?

22 A. Mr. Speaker and Representative Madden, no, I

23 don't believe there was any other B-11 issue except

24 position number 85.

25 Q. There was -- Mr. Speaker. There was another one

Wyoming Reporting Service, Inc. 1.800.444.2826 980

1 involving the nutrition and then there was one involving

2 Career Technical Education, wasn't that right, that we

3 talked about today?

4 A. Mr. Speaker and Representative Madden, position

5 number 85 is the Career Technical Education position that

6 was repurposed. Oh, excuse me, and then, you just nudged

7 my memory. Yes, then the other one was the Health Safety

8 and Nutrition position. That was not in -- that was not my

9 responsibility. That was a position. It was another

10 division separate and equal to mine, and that position was

11 repurposed and provided to the Information Management

12 Division, and I had no responsibility or actions involved

13 with that position.

14 REPRESENTATIVE MADDEN: Madam Chair.

15 REPRESENTATIVE THRONE: Just continue,

16 Representative Madden.

17 Q. (BY REPRESENTATIVE MADDEN) Do you know of any

18 other instances in other shops or other divisions in the

19 Department of Ed where a -- where it appeared to you that a

20 B-11 was probably warranted but you never heard whether it

21 was done or not?

22 A. Madam Chair and Representative Madden, I would

23 say that that situation characterized the last couple of

24 years that there were many repurposed positions whether or

25 not the B-11s had occurred, and someone was always trying

Wyoming Reporting Service, Inc. 1.800.444.2826 981

1 to unravel whether those had been done, whether they were

2 in process. So, yes, I have heard a lot of commentary

3 around whether or not B-11s have been completed.

4 Q. Do you believe that among leadership they looked

5 at B-11s as being an optional thing rather than a required

6 thing of the legislature?

7 A. Madam Chair, Representative Madden, I don't know

8 whether they considered it optional or whether they thought

9 it was a nuisance. I just know that there became -- there

10 was a lot of congestion around whether or not B-11s were

11 being done and whether it had been done on time or

12 appropriately.

13 Q. Do the B-11s that you are familiar with involve

14 any federal programs?

15 A. In both of the instances that -- Madam Chair and

16 Representative Madden, in both of the instances that I'm

17 talking about those positions were state funded. So I

18 can't answer specifically about any federally funded ones.

19 Q. Okay. B-11 in the case that we're talking about,

20 and you can correct me if I'm wrong, but it involves a

21 shift in positions as well -- or in addition to a shift in

22 a position in these cases, there's a shift in funds or

23 dollars, right? And if that's the case, how does -- how do

24 you move into a new biennium in a budgeting process if you

25 don't shift the funds to follow the new position? I guess

Wyoming Reporting Service, Inc. 1.800.444.2826 982

1 I'm going by what I -- the textbook understanding, and I'm

2 trying to see how you do it in the real world if you don't

3 have a B-11 but you've got to have one, I mean for a new

4 budget. Can you help me with that?

5 A. Mr. Chair. Representative Madden, I'm not sure I

6 can help you a great deal, but --

7 Q. That's all right.

8 A. -- I would add in my experience when it wasn't

9 done appropriately, in the case of position number 85,

10 which was relative to Career Technical Education

11 legislation, even after the position and the funding was

12 moved to the Information Management Division, we got our

13 standard budgets for the next biennium with those funds

14 still labeled as being my program with position 85 and the

15 funding still belonging to me.

16 REPRESENTATIVE MADDEN: I understand.

17 Thank you.

18 REPRESENTATIVE STUBSON: Madam Chair.

19 REPRESENTATIVE ZWONITZER: Go ahead.

20 REPRESENTATIVE THRONE: Representative

21 Stubson.

22 Q. (BY REPRESENTATIVE STUBSON) Madam Chair. Just

23 to follow up a couple of questions from Representative

24 Madden, when you saw the funding error in your standard

25 budgets, were corrections made to reflect those changes

Wyoming Reporting Service, Inc. 1.800.444.2826 983

1 where they hadn't done in the B-11?

2 A. Madam Chair. Representative Stubson, eventually,

3 yes. But we went into the next biennium with it still

4 incorrect, and as of last December, last month of 2013, we

5 did have it corrected.

6 Q. Madam Chair. And I'm really thinking back to the

7 time frame where Superintendent Hill was still the

8 administrator of the Department, did -- was it ever

9 corrected during the time of her administration?

10 A. Madam Chair. Representative Stubson, I can't

11 attest to exactly when that occurred. So I can't say

12 factually.

13 Q. Madam Chair. Do you have any more information?

14 You talked about the one other position from Health Safety

15 and Nutrition, I think. Do you have any position number

16 associated with that or job description or something so if

17 we wanted to go back and check the records on that, we

18 could?

19 A. Madam Chair and Representative Stubson, I do not

20 know right now what number that was, but that's very easily

21 discerned along with the description of the Health Safety

22 and Nutrition Division administrator.

23 Q. And if you could find that and just forward it to

24 the LSO for the committee, that would be helpful.

25 A. Representative Stubson, I can do that.

Wyoming Reporting Service, Inc. 1.800.444.2826 984

1 REPRESENTATIVE THRONE: Representative

2 Zwonitzer.

3 REPRESENTATIVE ZWONITZER: Thanks, Madam

4 Chairman.

5 Q. (BY REPRESENTATIVE ZWONITZER) Miss Wigert, do

6 you remember the WDE having a strategic plan under the Hill

7 administration while you were at the agency?

8 A. Madam Chair. Representative Zwonitzer, there

9 were several attempts, good-faith efforts to write a

10 strategic plan at the Department of Education during the

11 Hill administration.

12 Q. To your knowledge, was one ever published or

13 distributed to all the employees?

14 A. Well, as a matter of fact, yes. There was

15 unofficial distribution of draft plans. My recall is that

16 Gail Eisenhauer had stepped up at the time that she was a

17 part of the leadership team and had drafted a strategic

18 plan. When I say "a strategic plan," I'm talking about a

19 vision and a mission and duties, responsibilities for each

20 of the divisions and going so far as defining focus areas

21 or core values.

22 And that work actually led to sort of a morphing

23 into some other work that was done by Jerry Zellars, and

24 I've always been interested in and have some experience in

25 doing that type of thing, so I stepped up and volunteered

Wyoming Reporting Service, Inc. 1.800.444.2826 985

1 to participate in some of that planning, which I did with

2 Jerry Zellars. Ultimately Jerry Zellars stepped away from

3 it, and the superintendent asked me and a gentleman from

4 Laramie -- Laramie County Community College whose name

5 escapes me right now to do some off-site strategic

6 planning, and he led most of the initiative and I carried

7 through and we did circulate in-house some draft strategic

8 plan efforts in around February of 2012 is my recall.

9 REPRESENTATIVE THRONE: Mr. Speaker.

10 SPEAKER LUBNAU: Go ahead. You're still

11 running the show.

12 REPRESENTATIVE THRONE: I'm still running

13 the show. Okay. Does anybody else have any questions? If

14 not, I have a couple short questions.

15 Q. (BY REPRESENTATIVE THRONE) Going back to the Tom

16 Martin episode, was anybody from human resources involved

17 in the meeting you described?

18 A. Madam Chair, no, there was not.

19 Q. Was Tom Martin a classified employee?

20 A. Madam Chair, yes, he was.

21 Q. And are you familiar with the personnel rules of

22 the State of Wyoming as a supervisor?

23 A. Madam Chair, yes, I am.

24 Q. Is there a process for how a classified employee

25 is supposed to be reprimanded or disciplined in the

Wyoming Reporting Service, Inc. 1.800.444.2826 986

1 personnel rules?

2 A. Madam Chair, yes. There is sort of increasingly

3 levels of severity, I don't know the term at the moment,

4 for how to reprimand an employee.

5 Q. And is it fair to say that the process was not

6 followed with Tom Martin?

7 A. Madam Chair, it was not followed.

8 REPRESENTATIVE THRONE: Thank you.

9 SPEAKER LUBNAU: Other questions,

10 committee?

11 Miss Wigert, I'm sure you know the process here.

12 Superintendent Hill has been very prolific with you and

13 submitted 33 questions to me.

14 Committee, I want you to look at question number

15 3. That's going to require us to go into executive

16 session. My preference is not to ask it just because I

17 don't think it advances our discussion whether it's true or

18 whether it's not true, but if any two of you want to do

19 that, we'll do that, and I'll ask for that at the end.

20 Q. (BY SPEAKER LUBNAU) Number 1, were you allowed

21 great latitude and supervision of your division during

22 Mrs. Hill's tenure at WDE?

23 A. I was granted latitude.

24 Q. Were you invited to participate in the

25 development of the statewide system of support being

Wyoming Reporting Service, Inc. 1.800.444.2826 987

1 developed by Mr. Pannell for the WAEA during the Hill

2 tenure at WDE?

3 A. Mr. Chair, I don't recall whether I was or not.

4 Q. But you didn't actively participate, did you?

5 Instead, choosing to have only a nominal involvement in the

6 support of WAEA. Isn't that a fair statement?

7 A. Mr. Chairman, my work -- very little of my work

8 for which I'm responsible is relative to WAEA.

9 Q. Did the female you are discussing become the

10 subject of an improvement plan?

11 A. Mr. Chair, I don't know which female you're

12 speaking of.

13 Q. I don't either.

14 Did you ever make an effort to terminate one of

15 the employees that you spoke of while she was probationary?

16 A. Mr. Chair, I don't believe I had any probationary

17 employee that we were considering removing. So no

18 recollection of anything relative to that.

19 Q. Did you maintain notes related to your work under

20 the McBride administration?

21 A. No, I did not.

22 Q. Why not?

23 A. I didn't have any issues with Dr. McBride that

24 would prompt me to do that.

25 Q. Did you have a great deal of latitude to discuss

Wyoming Reporting Service, Inc. 1.800.444.2826 988

1 with Mrs. Hill the selection of replacements for

2 Mr. Pickering and all other supervisors, directors and

3 leaders within your division, such as Mr. Mitchell or

4 Mr. Jackson?

5 A. Would you ask that question again, please.

6 Q. Sure. Did you have a great deal of latitude to

7 discuss with Mrs. Hill the selecting of replacements for

8 Mr. Pickering and all other supervisors, directors and

9 leaders within your division, such as Mr. Mitchell and/or

10 Mr. Jackson?

11 A. I don't believe I had a great deal of latitude.

12 The question is a little meaningless to me.

13 Q. Was it your custom to encourage that employees

14 meet off site to discuss concerns about the Department?

15 A. No, that was not my practice.

16 Q. Were you participating in some or all of these

17 meetings?

18 A. Mr. Chair, we did have meetings off site

19 occasionally, and those were usually at the library, and

20 that was only if there wasn't room or staffing space at the

21 Department of Education.

22 Q. Did you report the concerns raised in these

23 meetings to anyone so that actions could be taken to

24 address these concerns?

25 A. I don't know what concerns are being talked about

Wyoming Reporting Service, Inc. 1.800.444.2826 989

1 with regard to that question.

2 Q. Didn't Mr. Martin retire in early 2011?

3 A. Yes, I believe that's what I've got in my notes

4 here.

5 Q. Was it required that the superintendent accept

6 him as the final selection even though Dr. McBride

7 identified him as interim?

8 A. Would you ask that again, please.

9 Q. Was it required that the superintendent accept

10 him as the final selection even though Dr. McBride had

11 identified him as interim?

12 A. It was not required and she did have that

13 authority to do, select her own leader, yes. That was the

14 purpose for making him an interim in the first place.

15 Q. Had anyone promised Mr. Martin that his

16 appointment would be permanent?

17 A. I would have no knowledge of that. I wasn't part

18 of his appointment.

19 Q. Did you make such promises or assurances to him?

20 A. I had no role in his assuming that interim

21 position.

22 Q. Did you understand that your staffing levels were

23 in excess of the work required in your division?

24 A. I don't believe that to be a true statement.

25 Q. What statutory requirements of your division were

Wyoming Reporting Service, Inc. 1.800.444.2826 990

1 not fulfilled during your management of your division?

2 A. Please ask that question again, Mr. Chair.

3 Q. What statutory requirements of your division were

4 not fulfilled during your management of your division?

5 A. No statutory duties were left unfilled.

6 Q. Was Mrs. Hill informed that your division did not

7 fulfill its statutory duties?

8 A. No. There was no -- there were no duties that

9 were not fulfilled, to my knowledge.

10 Q. Did you understand that the superintendent wanted

11 to refocus the efforts of the agency to provide greater

12 level of instructional support for districts?

13 A. Would you ask that again, please.

14 Q. Sure. Did you understand that the superintendent

15 wanted to refocus the efforts of the agency to provide

16 greater level of instructional support for districts?

17 A. Yes, I did understand that.

18 Q. Was the new superintendent supplied an office?

19 A. I believe she was, Madam -- or Mr. Chair. I

20 don't know which office initially.

21 Q. I think it's the transition office is what she's

22 referring to. The next question is was it a small,

23 windowless space?

24 A. I do not recall that, Mr. Chair.

25 Q. You testified about secret notes you were keeping

Wyoming Reporting Service, Inc. 1.800.444.2826 991

1 since the beginning of Superintendent Hill's

2 administration. Do you remember that?

3 A. I call these my most egregious incidents.

4 Q. Did you ever discuss what you call the most

5 egregious incidents with those individuals that were

6 involved?

7 A. In most cases, no, I did not.

8 Q. Do you think it would be important to those

9 individuals to know that you felt they were involved in

10 what you considered to be an egregious incident?

11 A. I didn't feel that I had a healthy or safe

12 environment to be talking about what I thought was most

13 egreged. So, no, I did not talk about them.

14 Q. Would you want to know if someone was keeping

15 secret notes about your interactions or the concerns that

16 they had about you?

17 A. Not necessarily, Mr. Chair.

18 Q. Did you ever bring these incidents to the

19 attention of WDE HR?

20 A. I don't recall that I brought any of them to HR.

21 Q. Did you ever bring these incidents to the

22 attention of state HR?

23 A. No, I did not, Mr. Chair.

24 Q. Is it accurate to say that you kept these matters

25 to yourself?

Wyoming Reporting Service, Inc. 1.800.444.2826 992

1 A. Yes, Mr. Chair, I kept these to myself in an

2 attempt to be a survivor and a thriver at the Department of

3 Education. So I processed these actions at home, found it

4 therapeutic to type or keyboard what had happened and

5 decided that it was my responsibility to step up and move

6 on and continue to support the administration and adjust to

7 change.

8 Q. Did Mary Kay Hill advise you to keep these notes?

9 A. She did not.

10 Q. Was she aware that you were keeping those notes?

11 A. She was not.

12 Q. Your communications were requested in a Wyoming

13 public records request in July of 2013. Are you aware of

14 this?

15 A. I don't -- ask that again.

16 Q. Your communications were requested in a Wyoming

17 public records request of July of 2013. Are you aware of

18 this?

19 A. Yes, I'm aware that there was a public records

20 request.

21 Q. You have not provided any e-mails in responding

22 to that request; is that correct?

23 A. I didn't intentionally do that. I understood

24 that was being done on behalf of everyone at the Department

25 of Education.

Wyoming Reporting Service, Inc. 1.800.444.2826 993

1 Q. Don't you think that providing documents to Cindy

2 Hill is important?

3 A. Yes, if documents are requested.

4 Q. Would you agree that your impaired recollection

5 and incorrect notes of Mrs. Hill's comments in January 2006

6 meeting and other matters substantially call into question

7 your ability to accurately recall and report other

8 information you have provided?

9 A. No, I do not think so.

10 Q. Mr. Salzburg or other attorneys met with you

11 before this hearing to help you prepare your testimony; is

12 that correct?

13 A. Yes, Mr. Salzburg alone did.

14 Q. Mr. Salzburg helped you prepare to correct the

15 prior false information you had provided; is that correct?

16 A. He alerted me that the three questions that I

17 thought I heard were not exactly as I had scripted them,

18 and he did bring to my attention that that meeting was

19 January 6th, or excuse me, the 5th and not the 6th.

20 Q. Are you represented in this proceeding by

21 Mr. Salzburg?

22 A. Representative -- represented as?

23 Q. Is he your lawyer?

24 A. No, he is not.

25 Q. You're appearing here without counsel?

Wyoming Reporting Service, Inc. 1.800.444.2826 994

1 A. I am appearing without counsel.

2 Q. You are aware that any other matters of which you

3 testify today or comments provided previously that will

4 require similar corrections? Are you aware?

5 A. Again, please, Mr. Chair.

6 Q. Are you aware of any other matters of which you

7 testify today or comments provided previously that will

8 require similar corrections?

9 A. I'm afraid I still don't understand the question.

10 Q. I think it's that there -- you made the

11 corrections to the three questions and a date. Are there

12 other mistakes in your notes that you know of?

13 A. No. To my knowledge, there are not.

14 Q. So are you aware that Mr. Salzburg, Mr. Jarosh or

15 other representatives from their office met with other

16 witnesses to prepare them to correct false information they

17 had provided previously?

18 A. Ask that again for me, please.

19 Q. Are you aware if Mr. Salzburg, Mr. Jarosh or

20 other representatives from their office met with other

21 witnesses to prepare them to correct false information they

22 had provided previously?

23 A. I'm not aware that they met to correct false

24 information, no, I'm not aware of that.

25 Q. So in the January 24th meeting with your staff,

Wyoming Reporting Service, Inc. 1.800.444.2826 995

1 did you use the misquoted version of the three questions or

2 by that time had you learned that your notes were wrong and

3 that you needed to ask correct questions?

4 A. No, I had not learned it. I didn't know that

5 those questions were wrong until Mr. Salzburg pointed them

6 out to me this week.

7 Q. Is it fair to say that the inaccurate information

8 you provided your staff would have negatively influenced

9 their opinions and views of Superintendent Hill?

10 A. Would you ask that again, please.

11 Q. Sure. Is it to fair to say that the inaccurate

12 information you provided to your staff would have

13 negatively influenced their opinions and views of

14 Superintendent Hill?

15 A. No, I do not believe my information had any

16 negative impact on my staff.

17 Q. Have you reviewed the MacPherson report?

18 A. Not all of it, but portions of it related to me.

19 Q. Would you be -- would it surprise you to learn

20 that most of the complaints about Superintendent Hill come

21 from employees in your division?

22 A. I have no knowledge who made complaints.

23 Q. Would it not be fair to say that you should

24 shoulder a large part, perhaps even the major part of the

25 blame for miscommunication in the Department and fears or

Wyoming Reporting Service, Inc. 1.800.444.2826 996

1 misgivings that resulted in a dysfunctional, destabilized

2 environment of employees that resulted from that

3 miscommunication?

4 A. I do not believe that I miscommunicated.

5 SPEAKER LUBNAU: Committee, question number

6 3, do you -- does anybody want to go into executive session

7 and hear it? Once, twice, third time?

8 REPRESENTATIVE ZWONITZER: Can I have one

9 more question, Mr. Chairman?

10 SPEAKER LUBNAU: All right, Representative

11 Zwonitzer.

12 Q. (BY REPRESENTATIVE ZWONITZER) Miss Wigert, your

13 staff was all at the meeting January 5th as well, the staff

14 members that took place in the meeting with Cindy Hill, the

15 previous letter; is that correct?

16 A. Mr. Chair. Representative Zwonitzer, I believe

17 every one of my staff were there that day, yes.

18 Q. So at the meeting with Superintendent Hill and

19 your staff members toward the end of January, did any of

20 your staff members or Superintendent Hill correct your

21 recollection of these three questions at the time of that

22 meeting?

23 A. No, but, Mr. Representative Zwonitzer, many

24 people were taking notes, and I don't believe anyone's

25 notes were being corrected. So if all notes were

Wyoming Reporting Service, Inc. 1.800.444.2826 997

1 solicited, I'm sure among almost a hundred plus employees

2 the three questions could have been misrepresented or

3 misunderstood or articulated differently. I would suspect

4 that they would be among all -- among all WDE staff.

5 Q. When the superintendent met with you and those

6 were the three questions you discussed with your staff

7 members and prepared to answer for her, did she correct you

8 at that time that you had the questions incorrect?

9 A. Mr. Chair and Representative Zwonitzer, I now

10 understand the nature of your question. No. That was

11 never discussed that I was -- those were questions that she

12 wanted answers to.

13 SPEAKER LUBNAU: Mr. Jarosh -- well, let me

14 finish with Miss Wigert first.

15 Q. (BY SPEAKER LUBNAU) I have a question and you

16 don't have to answer. You can just tell me "I don't want

17 to answer that question," and that's fine with me. How do

18 you feel about having to go through this whole process of

19 the MacPherson investigation and then coming here under

20 subpoena and having to testify? And you don't have to

21 answer if you don't want to.

22 A. Mr. Chair, I will attempt to answer that. I feel

23 that as a state steward, a state employee, it's my

24 responsibility to participate as actively and as accurately

25 as I can, and I believe that my participation is a means to

Wyoming Reporting Service, Inc. 1.800.444.2826 998

1 an end. And I do hope for the state of Wyoming and the

2 Department of Education that there is an end.

3 SPEAKER LUBNAU: Thank you very much,

4 Miss Wigert. We appreciate you coming here and appreciate

5 all that you've gone through, and we all do appreciate your

6 dedication to the state of Wyoming. Thank you.

7 THE WITNESS: Thank you.

8 SPEAKER LUBNAU: And the education of

9 Wyoming. Thank you very much.

10 Any objections to releasing Miss Wigert from her

11 subpoena?

12 You will be released. Thank you.

13 THE WITNESS: Thank you.

14 SPEAKER LUBNAU: Mr. Jarosh, in the

15 neighborhood of corrections, you apparently have one.

16 MR. JAROSH: Yes, Mr. Speaker, I had a

17 message earlier today from Dianne Bailey who testified

18 yesterday. So I called her back a short time ago. She

19 indicated to me that since returning to her office she has

20 discovered that she is incorrect when she testified that

21 the lease for the Laramie office was paid for from federal

22 funds. She said that she believes it either is or was or

23 both budgeted in the federal assessment budget, but that it

24 was paid for out of state funds.

25 And so I instructed her to submit an affidavit

Wyoming Reporting Service, Inc. 1.800.444.2826 999

1 correcting that mistake. I thought it was important to

2 bring it to the committee's attention now as opposed to the

3 affidavit being lost in the shuffle. She also indicated

4 that she is available to come and testify and be sworn in

5 again under oath to answer any questions with respect to

6 that, but she -- I thought it important to let all of you

7 know now that she had reached out to me to correct that

8 mistake.

9 SPEAKER LUBNAU: With that, we will be in

10 recess until 1:30.

11 (Hearing proceedings recessed

12 12:31 p.m. to 1:36 p.m.)

13 SPEAKER LUBNAU: Committee, we're back on

14 the record.

15 Counsel, call your next witness.

16 MR. SALZBURG: We'll call Superintendent

17 Hill.

18 SPEAKER LUBNAU: Representative Davison is

19 apparently out in the hallway having a conversation with

20 Superintendent Hill.

21 Superintendent Hill, while you were in the

22 hallway, we just called you.

23 SUPERINTENDENT HILL: Sorry.

24 SPEAKER LUBNAU: So if you would come

25 forward. Superintendent Hill, did you receive the

Wyoming Reporting Service, Inc. 1.800.444.2826 1000

1 advisement with your subpoena?

2 SUPERINTENDENT HILL: Mr. Speaker, yes, I

3 did.

4 SPEAKER LUBNAU: I guess we went through

5 all this this morning, didn't we?

6 SUPERINTENDENT HILL: We did.

7 SPEAKER LUBNAU: Okay. You're still under

8 oath now.

9 Counsel.

10 CYNTHIAJOHILL,

11 called for examination by the Select Investigative

12 Committee, being first duly sworn, on her oath testified as

13 follows:

14 EXAMINATION

15 Q. (BY MR. SALZBURG) Would you state your full name

16 for the record, please.

17 A. Cynthia Jo Hill.

18 Q. What is your current employment?

19 A. I am the Wyoming State Superintendent of Public

20 Instruction.

21 Q. When did you take office?

22 A. January 3, 2011.

23 Q. What is your employment history prior to taking

24 office as superintendent?

25 A. I worked in both the public and the private

Wyoming Reporting Service, Inc. 1.800.444.2826 1001

1 sector, approximately 14 years in the private sector and

2 nine years in the public sector.

3 Q. And what in particular did you do in the private

4 and public sectors?

5 A. I worked in both day treatment, residential

6 treatment at inpatient as an education director and an

7 educational therapist. In the public sector I served as a

8 principal.

9 Q. And where did you serve in the private sector?

10 A. In the private sector I worked at -- I served as

11 an educational director at Cathedral Home for Children for

12 three years, 1988 to 1991, I believe. It's been a while

13 since I reviewed my resume. In 19 -- excuse me, 1985 to

14 1988 at Cathedral Home for Children in Laramie. In 1988 I

15 moved to Ann Arbor, and I was a mom for a while,

16 and then I began serving as an educational therapist in

17 inpatient therapy and day treatment at Catherine McAuley

18 Health Systems. I was there for seven years. I returned

19 to Wyoming and served Cathedral Home for Children as their

20 education -- their education director from -- I can't

21 remember the exact dates at this moment.

22 Q. Is the Cathedral Home for Children in Laramie?

23 A. It is.

24 Q. Okay.

25 A. I believe it was 1996 to 1999 or 2000. And then

Wyoming Reporting Service, Inc. 1.800.444.2826 1002

1 I completed a principal internship and became the -- one of

2 the principals, assistant principals, at Carey Junior High

3 approximately 2000-2001, and I was there for nine and a

4 half years until I resigned and I began the

5 superintendent's race in April of 2010.

6 Q. In any of those positions did you have any

7 experience with human resource or personnel management?

8 A. I'm not certain what you're referring to, but not

9 that I'm aware of.

10 Q. Did you have any direct experience with the

11 management of budgets?

12 A. I guess I'd like to go back to the last question.

13 In HR, when you were speaking to the human resource

14 experience, would you please restate the question?

15 Q. You mean ask it again?

16 A. Yes.

17 Q. Did you have any experience with human resources

18 or personnel management?

19 A. When I was serving at Cathedral Home for Children

20 and in Laramie County School District Number 1, I

21 interfaced with the resource managements, but I did not

22 serve in that capacity, no.

23 Q. Okay. And the next question, do you have any

24 direct experience with the management of budgets?

25 A. At both Cathedral Home I had some experience with

Wyoming Reporting Service, Inc. 1.800.444.2826 1003

1 educational budgeting and certainly when I was at Carey

2 Junior High.

3 Q. When you were employed at Carey, that's in

4 Laramie County School District Number 1?

5 A. Carey Junior High is in Laramie County School

6 District Number 1, yes.

7 Q. Did the district have any personnel rules that

8 applied to your employment?

9 A. Ofcourse.

10 Q. Were you employed pursuant to a yearly contract?

11 A. Yes.

12 Q. So your employment was not what we commonly call

13 at will?

14 A. As a principal you are considered at will.

15 There's a continuing contract provision. But I believe

16 you're at will.

17 Q. So what governs your -- the ability of your

18 supervisor or employer to terminate your employment, the

19 contract or the at-will part?

20 A. Thecontract.

21 Q. Okay. So you understand that there's a

22 difference between a contract employee --

23 A. Yes,absolutely.

24 Q. --andanat-willemployee.

25 A. Yes.

Wyoming Reporting Service, Inc. 1.800.444.2826 1004

1 Q. Okay. Thank you. I want to assure you that I'm

2 going to ask you a general question at the end of this

3 examination which will give you whatever opportunity time

4 allows to address the testimony that you heard over the

5 last two days, but before I get there, there's some things

6 I want to cover first, okay?

7 A. Uh-hum.

8 Q. You're saying uh-hum. Make a remark to me or

9 something.

10 A. Yes, yes.

11 Q. I won't waste time with the --

12 A. Thank you.

13 Q. -- going through the guidelines. Let me direct

14 your attention to the first all-agency meeting that

15 occurred a day or two after you were taking office. Do you

16 recall that meeting?

17 A. Yes.

18 Q. And you heard the testimony from Mr. -- from

19 Ms. Wigert just a few minutes ago that it occurred on the

20 6th or 5th. Do you have a recollection of when it

21 occurred?

22 A. It occurred on January 5th.

23 Q. Okay. And where did it occur?

24 A. It occurred in one of the rooms in the Wyoming

25 Department of Education. I'm trying to think which one.

Wyoming Reporting Service, Inc. 1.800.444.2826 1005

1 No, it didn't. It occurred in the Hathaway Building, I

2 believe. I'm not certain. Let me think for a moment.

3 There are a lot of meetings that I attend. Just one

4 moment, please. It occurred in the Herschler Building on

5 the -- I think it was B63.

6 Q. Okay. If you don't remember something, it's okay

7 to say "I don't remember."

8 A. Okay.

9 Q. If you do remember, then I would like to have

10 your answer, all right?

11 A. Mr. Salzburg, when things have occurred three

12 years ago, it's hard to remember sometimes. I'll just

13 pause and try to remember.

14 Q. That's fine. Did you announce at that meeting

15 you had three questions to pose to the Wyoming Department

16 of Employment -- Department of Employment -- Department of

17 Education employees to consider?

18 A. I did.

19 Q. And do you recall what they were?

20 A. I do.

21 Q. What were they?

22 A. Would you commit to -- and I remembered as best

23 as I can three years ago, this is what I recall. Would you

24 commit or will you commit to every student? Will you

25 commit or will you respect every person who contacts you?

Wyoming Reporting Service, Inc. 1.800.444.2826 1006

1 And will you honor the superintendent's leadership or would

2 you honor the leadership or superintendent's leadership? I

3 believe you said superintendent's leadership today, but my

4 understanding from what I remember is would you honor the

5 leadership?

6 Q. Okay. So the substance of that third question is

7 the same whether you believe what I said or what you said,

8 right?

9 A. Yes.

10 Q. Okay. What did you mean by honor the new

11 superintendent's leadership?

12 A. Mr. Salzburg, when I was elected in January or

13 November of 2000 -- or 2010, I believe it was November 3rd,

14 I entered the Department of Education that next day and I

15 was -- I had spoken with Jim McBride. He had called me. I

16 missed his call. So I went over to the Department to meet

17 with him.

18 Once I was on the second floor, I began

19 interacting with various staff members, and from that

20 moment forward throughout the transition I experienced a

21 less than respective -- or excuse me, less than respectful

22 response. People had a difficult time making eye contact

23 with me for months as I would walk down the halls. I

24 learned later from leadership, the directors who were

25 there, two of them told me they had been told through that

Wyoming Reporting Service, Inc. 1.800.444.2826 1007

1 two-month period not to engage me. I would say good

2 morning to people, and they would look down and would not

3 engage, and so I knew pretty quickly after a few days of

4 being on the floor that people were not comfortable with

5 maybe what had happened.

6 I had defeated their boss essentially, the person

7 who had led them, and people were not comfortable. It was

8 a difficult time for them. So when they made arrangements

9 for me to have an office on the first floor, I, for the

10 most part, stayed in that area for two months in a very

11 small office until Mr. McBride -- or Dr. McBride had left.

12 I did ask to speak with people, and I was not

13 successful much of the time.

14 Q. So the question is what did you mean by honor the

15 new superintendent's leadership?

16 A. And so when I did have an opportunity to meet

17 with all the staff, I was hoping that they were willing to

18 first work with children and commit to them. The second

19 would be that they would respect every person who contacted

20 them. And the third would be that they would be willing to

21 honor the new leadership, because it was very clear that

22 that was going to be very difficult.

23 Q. So what did you mean by honor the new

24 superintendent's leadership?

25 A. The leadership, for example, at times some of the

Wyoming Reporting Service, Inc. 1.800.444.2826 1008

1 staff members who I had hired on as leaders were sometimes

2 treated disrespectfully by other staff members within the

3 Department. We'd have to talk about those things in

4 private if you wanted to know names and incidences, but

5 curt conversations, unwillingness to sit down and meet with

6 people. I experienced it and my leadership team

7 experienced it.

8 If I were to ask, for instance, a particular

9 director if I could meet with their staff, for instance,

10 the assessment director, I'd asked if I could meet with the

11 staff. We just had the PAWS problem that the former

12 administration had not been able to administer the PAWS

13 test in 2010 successfully or the previous year

14 successfully. So I asked to meet with the assessment team

15 in Laramie, and that director told me that that would not

16 be possible.

17 And I asked on a number of occasions, and finally

18 I just let him know I would be coming over on a certain

19 date, and whoever was there would be the right -- those

20 folks would be the right people and that we would have a

21 meeting.

22 So I had a very difficult time arranging

23 meetings. It was challenging to be able to sit down and

24 have people engage.

25 Q. Was a commitment by the Wyoming Department of

Wyoming Reporting Service, Inc. 1.800.444.2826 1009

1 Education employees to honor your leadership a term of the

2 employees' continued employment?

3 A. Excuse me? Will you please repeat that.

4 Q. Sure. Was a commitment by the Wyoming Department

5 of Education employees to honor your leadership a term of

6 the employees' continued employment?

7 A. I didn't -- I said would you honor the

8 leadership, and I didn't use that word "commitment." I

9 asked if they would honor the leadership. It had nothing

10 to do with their employment.

11 Q. So if an employee couldn't honor your leadership,

12 was -- is his or her employment in jeopardy?

13 A. Mr. Salzburg, I was there for two years, and one

14 employee was a permanent employee was fired, and the reason

15 that they were dismissed is because they could no longer

16 come to work. I worked with everyone as much as I possibly

17 could. No, no one's employment was at risk.

18 Q. Okay. During the period between your taking

19 office in January of 2011 and the effective date of Senate

20 File 104, do you recall on how many occasions you told the

21 Department employees that you didn't trust them?

22 A. Mr. Salzburg, I do not.

23 Q. Was it your practice as the head of the Wyoming

24 Department of Employment -- I keep saying employment --

25 Wyoming Department of Education to determine whether

Wyoming Reporting Service, Inc. 1.800.444.2826 1010

1 employees were loyal to you or supported your agenda by

2 reading their body language?

3 A. No.

4 Q. You've heard testimony in this hearing about an

5 incident in Sheridan in which Kevin Lewis allegedly used a

6 360-degree camera to film or videotape the employees. Do

7 you recall the meeting?

8 A. I recall our travels to Sheridan. I don't recall

9 particulars about the meeting, but I do remember being

10 there.

11 Q. Do you recall whether or not Kevin Lewis brought

12 a 360-degree camera?

13 A. Yes, he did.

14 Q. And did he videotape or film -- I don't know what

15 kind of camera it was -- the employees who attended the

16 meeting?

17 A. I don't know that it was Kevin Lewis who

18 videotaped, but I do know there is a 360-degree camera that

19 we had on loan or perhaps had even purchased, I don't know

20 which one, and that the Department was invited up to

21 Sheridan so that we could interact with one of our highest

22 performing districts in the state and that we could learn

23 why things were working so well for them. And we often

24 videotaped best practices, and we often videotaped what we

25 thought would be something important to share with others.

Wyoming Reporting Service, Inc. 1.800.444.2826 1011

1 So, yes, that did occur.

2 Q. After the videotape was made, if it was a

3 videotape, did anyone report to you that one of your

4 employees' body language suggested that they didn't support

5 you or weren't on board or words to that effect?

6 A. No, I do not remember, but I do remember that one

7 staff member did after that trip state that what we were

8 doing in Sheridan was not what the Wyoming Department of

9 Education was all about. Instruction was not what the

10 Wyoming Department of Education was to be doing, our focus

11 on instruction was inappropriate, and she resigned a few

12 days later, and she had been on that trip.

13 I have heard testimony today that a particular

14 staff member had been videotaped, and someone had alleged

15 that that person indeed had poor body language. I would

16 never have considered that person ever to have poor body

17 language. She's a very highly respected staff member.

18 Q. Who reported to you that that staff member had

19 poor body language?

20 A. No one reported that to me. I heard that in the

21 MacPherson report and in the testimony here.

22 Q. Are you saying that any testimony on that issue

23 is just incorrect?

24 A. My understanding is that that testimony is

25 incorrect.

Wyoming Reporting Service, Inc. 1.800.444.2826 1012

1 Q. Did Kevin Lewis ever report to you that Roger

2 Clark's body language at a select committee on education

3 accountability in Casper was evidence that he didn't

4 support you and wasn't loyal to you?

5 A. I learned about what was reported here or

6 testified here regarding Roger Clark after the incident had

7 occurred. I did not know about Kevin's or anyone's

8 opinions about body language prior to that incident.

9 Q. When did you learn that somebody had an opinion

10 about body language as it relates to Roger Clark?

11 A. Shortly after the incident that was -- was

12 testified here where Roger had used the -- Roger was angry

13 and had referenced that it was -- an expletive was used.

14 Q. Let me make sure I understood your answer.

15 A. Yeah.

16 Q. It wasn't until the testimony in this hearing?

17 A. No.

18 Q. No, sorry.

19 A. It was after the incident and Roger had responded

20 during the incident that I heard about the incident. I did

21 not know about anything prior to that incident.

22 Q. Nobody told you beforehand that -- well, first of

23 all, do you recall being present at the meeting?

24 A. I was present at the meeting.

25 Q. And do you recall excusing yourself from the

Wyoming Reporting Service, Inc. 1.800.444.2826 1013

1 meeting after a very few minutes?

2 A. No, I do not. Excuse me, I did excuse myself

3 shortly, yeah.

4 Q. When you excused yourself, did you announce that

5 you hoped that everybody at the meeting would, quote, do

6 the right thing?

7 A. I don't recall that.

8 Q. And is it your testimony that prior to that

9 meeting you were unaware that Kevin Lewis was going to tell

10 Roger Clark that his body language at that hearing

11 suggested nonsupport?

12 A. I do not recall that.

13 Q. You do not recall it or are you saying it didn't

14 happen?

15 A. I don't recall it.

16 Q. Are you aware of any training that Kevin Lewis

17 had with respect to proper reading of body language?

18 A. I don't know of any training that Kevin Lewis has

19 had in that area.

20 Q. All right. The report by the education liaison

21 of the LSO that was issued on November 13th of 2012 stated

22 that 48 percent of staff members that were present at the

23 Wyoming Department of Education during November of 2010

24 were no longer there in September of 2012. First, have I

25 accurately stated what the report says?

Wyoming Reporting Service, Inc. 1.800.444.2826 1014

1 A. Mr. Salzburg, if I might give some background.

2 Q. No. My question is have I accurately stated what

3 the report says?

4 A. The report -- 23 percent -- this is what I know.

5 23 percent of the staff left the first year, and

6 approximately 17 or so percent left in the second year. So

7 I would assume that the report was accurate in that if you

8 continue to add each year, at some point you'll actually

9 have more than a hundred percent of the staff leaving no

10 matter what department you're speaking of.

11 Q. Do you agree with the statistic that in the time

12 period from November of 2010 to September of 2012, a period

13 of less than two years, 48 percent of the staff at the

14 Wyoming Department of Education left?

15 A. Mr. Salzburg -- and I'm going to give some more

16 background -- average exit in any -- transition of staff

17 from any department is about 15 to 20 percent at any point.

18 Let's say it's only 15 percent. If you multiply that over

19 every year, at some point you have a hundred percent

20 turnover. The Department of Education at its first year

21 had 23 percent, approximately 23 percent turnover, and in

22 the second year it was in the teens, and I can't say

23 exactly what the number was at this moment. So if you add

24 them together, perhaps it was 48 percent. I can't recall

25 the exact number at this moment.

Wyoming Reporting Service, Inc. 1.800.444.2826 1015

1 Q. Assuming the statistic is accurate, to what do

2 you attribute the loss of nearly half of the employees in

3 your department during the first 22 months of your

4 transition?

5 A. During the transition with a new superintendent,

6 I don't think that it's completely surprising, especially

7 if the change occurs as significantly as it was where we

8 went from a compliance agency to a compliance and

9 instructionally focused agency. You heard people

10 testifying today and yesterday and the day before regarding

11 their -- the disgruntled employees who were not comfortable

12 with those changes.

13 Q. Assuming that the statistic is accurate, to what

14 do you attribute the loss of nearly half of the employees

15 of the Department in the first 22 months of your

16 administration?

17 A. A change in administration.

18 Q. You heard the testimony of Teri Wigert today?

19 A. Mr. Salzburg, can I please add to the last

20 question?

21 Q. Sure.

22 A. I think the change in philosophy for the

23 Department was significant, and I also believe that there

24 was an effort to encourage other -- encourage people from

25 the Department to leave the Department as well.

Wyoming Reporting Service, Inc. 1.800.444.2826 1016

1 Mr. Salzburg, I'm going to expound upon that. I

2 spoke to the governor about this early on in 2011 in the

3 probably four or five months into my office. There were a

4 number of people who had gone to the Governor's Office to

5 serve and other state agencies. And I teased Governor Mead

6 after we had a meeting. I teased him and said that he

7 could let Mary Kay Hill know that she had forgotten a few,

8 and he laughed out loud. He did. He laughed out loud.

9 He said to me which employee was the most

10 important, or something along those lines, which one was an

11 employee that you -- let me think about this. It was

12 something about what employee did I value the most of those

13 when I walked in, and I said, "Rita Watson," and he looked

14 at me, Mr. Salzburg, and he said, "But she wouldn't leave.

15 She's too loyal to you." And I looked at him, and I said,

16 "You wouldn't know that unless you asked." And at that

17 moment we just closed our meeting.

18 I later have an e-mail that I -- from a records

19 request, one of the very few I have of Mary Kay Hill's

20 e-mails, which indicates that not only had the governor in

21 the e-mail had spoke to how I had spoken to this with him,

22 but also that she needed to start communicating with

23 employees from the Department of Education on private

24 e-mail from that point forward, on personal e-mail.

25 So I do know that there was an effort for -- for

Wyoming Reporting Service, Inc. 1.800.444.2826 1017

1 some folks to be encouraging employees to leave the

2 Department of Education.

3 Q. Are you done?

4 A. I am.

5 Q. You've heard the testimony of Teri Wigert today,

6 correct?

7 A. I have.

8 Q. One of the notes that she included in her list of

9 most egregious events refers to the initial all-agency

10 meeting. And she says that you stated there that there

11 were a number of people on your transition team who would

12 not be illuminated. Do you recall making that statement --

13 A. I do not.

14 Q. -- at all agency? Have you reviewed the WEN

15 video of the all-agency meeting since it occurred?

16 A. I reviewed part of the WEN video, Mr. Salzburg,

17 after Cathy MacPherson. The report came out, and it had

18 misquoted me in the WEN video. So I went back to make

19 certain I recollected what had occurred, and so I reviewed

20 that part of the video, but I have not reviewed the entire

21 video.

22 Q. Do you have -- let's assume for the sake of this

23 question that you did make such a statement that you

24 weren't going to illuminate all of the members of your

25 transition team, and if you want to check on me, it appears

Wyoming Reporting Service, Inc. 1.800.444.2826 1018

1 at 1 hour and 19 minutes into the video, all right? If you

2 did make that statement, do you have an understanding of

3 what you would have meant by illuminated?

4 A. Mr. Salzburg, I can't imagine at this moment what

5 I meant three years ago.

6 Q. Were there members of your transition team that

7 you didn't wish to identify to your employees?

8 A. Mr. Salzburg, I'm not certain what relevance that

9 has in this meeting right now.

10 Q. And then why don't you object and see what

11 happens?

12 A. I'm just asking. I'm not a lawyer, so I don't

13 know that's what I would need to do is object. Is that

14 what you're telling me?

15 Q. No, I'm asking you to answer the question.

16 A. Okay. Would you ask it one more time? Sorry.

17 Q. Sure. Were there members of your transition team

18 that you did not want to identify to your employees?

19 A. Mr. Salzburg, I think there's been some curiosity

20 perhaps expressed about my transition team when I first

21 came on board at the WDE, if I recall, and I thought that

22 was something that was not of anyone's concern. I didn't

23 think that had anything to do with the work that we were --

24 we were working on.

25 Q. How did you decide who would be on your

Wyoming Reporting Service, Inc. 1.800.444.2826 1019

1 transition team?

2 A. Mr. Salzburg, the members of my transition team

3 were helpful as I was moving through a campaign and

4 preparing for the work at the Department of Education, but

5 mostly the work during the campaign, some people have

6 focused on that and some people had focused on the work

7 within the Department.

8 Q. How did you decide who would be on your

9 transition team?

10 A. Those who were appropriate for the work that

11 would be moving into the Department.

12 Q. So was it your intention that the transition team

13 would eventually become the leadership team?

14 A. No, Mr. Salzburg.

15 Q. So what do you mean by their ability to do work

16 for the Department?

17 A. There was a member on the transition team who had

18 skills in an area that I thought would be helpful to the

19 team.

20 Q. And who was that?

21 A. Kevin Lewis.

22 Q. Okay. And how did you -- well, first let's find

23 out what characteristics were you looking for in those such

24 as Kevin Lewis as far as being on the leadership team?

25 A. Kevin Lewis has research skills that I think have

Wyoming Reporting Service, Inc. 1.800.444.2826 1020

1 been very valuable to our team. He is also capable of

2 doing many things, so special projects was something he

3 could help with. He's very personal.

4 Q. How did you meet Kevin Lewis?

5 A. I don't actually recall our first meeting.

6 Q. What background, education or experience do you

7 think that he had that made him qualified to serve on your

8 leadership team?

9 A. Kevin Lewis has experience in education. He was

10 a professor. He is very, very intelligent. He served in

11 the military. He's someone who I think brings a great deal

12 of skills when called upon to many situations. He has a

13 great deal of skill when it comes to data and technology.

14 Q. At the time that you asked him to serve on the

15 leadership team, was he employed?

16 A. I don't recall.

17 Q. Do you know who his next prior employer was?

18 A. I don't recall. I don't know.

19 Q. We've heard testimony that one of his duties was

20 to review departmental contracts. Is that accurate?

21 A. Uh-hum. Yes.

22 Q. What education, training or experience did

23 Mr. Lewis have that qualified him to perform that function?

24 A. Mr. Lewis is a very careful person. I don't know

25 that he has necessarily a great deal of experience in

Wyoming Reporting Service, Inc. 1.800.444.2826 1021

1 reading contracts other than that which he may have done in

2 his own personal capacity. But I know that my experience

3 with him revealed that he was absolutely capable of reading

4 a contract and informing me where the challenges may be.

5 Q. How many attorneys did you have on staff when you

6 first took office?

7 A. One.

8 Q. Who was that?

9 A. Tania Hytrek.

10 Q. Is John Masters a member of the bar?

11 A. I don't know if he currently is or not. I think

12 you should ask him.

13 Q. Wasn't he serving as counsel to the

14 superintendent? Wasn't that his first position?

15 A. Tania Hytrek was first my counsel, and then she

16 moved to LSO. And then John Masters was the first counsel

17 that I hired.

18 Q. Okay. So John Masters wasn't on your transition

19 and leadership team when you first came into office?

20 A. No. No, he was not.

21 Q. Okay. So after -- was Tania Hytrek fired?

22 A. She resigned.

23 Q. But did she resign under pressure?

24 A. She resigned.

25 Q. Did she resign under pressure?

Wyoming Reporting Service, Inc. 1.800.444.2826 1022

1 A. You'd have to ask her.

2 Q. Did anybody go to her and say, "Tania, you can

3 either resign or else we're going to fire you"?

4 A. Mr. Salzburg, I don't know the exact conversation

5 that occurred. I was not in that conversation.

6 Q. Who was?

7 A. Sheryl Lain.

8 Q. Who gave Sheryl Lain instructions to go talk to

9 Tania Hytrek?

10 A. I did.

11 Q. And what did you tell Sheryl Lain to tell Tania?

12 A. I don't believe that I know exactly what she

13 said.

14 Q. What did you tell Sheryl to tell Tania?

15 A. I did not say to fire Tania, if that's what

16 you're looking for. I don't ever recall saying fire her.

17 What I remember is it was this -- this is what I recall: I

18 had asked Tania to attend an appropriations meeting with me

19 and if she would sit at the table as we were reviewing with

20 the appropriations committee, and she refused to. I

21 attempted to speak with her on a few occasions, and it

22 wasn't working. And so I said it's not working well, and

23 so I asked if Sheryl and Roger would sit down with her, and

24 I believe that I mentioned that we -- it wasn't working and

25 there would be several months that we would continue with

Wyoming Reporting Service, Inc. 1.800.444.2826 1023

1 her, but I would be looking for other counsel to work with

2 me.

3 Q. Was Tania Hytrek an at-will employee of the

4 Department of Education at the time?

5 A. She was.

6 Q. So you didn't have to have any reason to dismiss

7 her, correct?

8 A. No.

9 Q. My statement is correct?

10 A. I did not have any reason to -- excuse me.

11 Q. You didn't have to have any --

12 A. Reason to dismiss her.

13 Q. Is that correct?

14 A. Due process always -- when I think about at-will

15 employees, I think about due process. So I think that

16 Tania and anyone else who is an at-will employee would have

17 due process.

18 SPEAKER LUBNAU: Counsel, and

19 Superintendent Hill, if you could make sure that you speak

20 one at a time so that we have a clear record.

21 THE WITNESS: Sure.

22 SPEAKER LUBNAU: It would make our record

23 better and Eric's life much easier.

24 Q. (BY MR. SALZBURG) Madam Superintendent, what's

25 your understanding of the difference between at-will

Wyoming Reporting Service, Inc. 1.800.444.2826 1024

1 employment and, under the state system, permanent

2 employment?

3 A. Permanent employment provides -- I would see it

4 as you have a will -- just one moment. I'm a little bit

5 nervous. Just a second. An at-will employment -- an

6 at-will employee is someone who you have the ability to

7 work with them, and then once due process is exhausted,

8 then you can dismiss someone who is an at-will employee.

9 Someone who has permanent employment has a -- a property

10 right to their employment.

11 And so when this issue came up, Mr. Salzburg, as

12 to at-will employees and permanent employees, I felt that

13 the at-will or the permanent employees may have a -- I

14 shouldn't say do, may have a property right, and so I had

15 conversations with Governor Mead regarding the property

16 right of a permanent employee should never have been

17 questioned or that should never be something that we should

18 ever request of someone to change from permanent employee

19 to at will.

20 You seem to be frustrated as you're speaking

21 with -- or not speaking with me, you look other ways, and

22 it's very hard to have a conversation if you're looking

23 away. I hope this isn't adversarial because it's difficult

24 on my end to have a conversation with you when you're doing

25 that. I'm asking you just to listen to me for a moment.

Wyoming Reporting Service, Inc. 1.800.444.2826 1025

1 When somebody has a property right as permanent

2 employees do, it's important for them to be respected and

3 that that should never be challenged.

4 Q. Let me try it this way.

5 A. Yeah.

6 Q. Superintendent Hill, do you understand that the

7 principal attribute of at-will employment is the ability to

8 discharge the employee without cause or reason?

9 A. Mr. Salzburg, I think that at-will employees do

10 have access to due process.

11 Q. Why?

12 A. I think every employee does.

13 Q. You mentioned earlier in your response some

14 reference to a property right.

15 A. Uh-hum.

16 Q. Does an at-will employee have a property right in

17 his employment?

18 A. No.

19 Q. So why are you talking about due process?

20 A. I think due process is -- without a property

21 right you still have due process.

22 Q. Oh.

23 A. You seem to be irritated by that response.

24 Q. Are you reading my body language?

25 A. No, I'm not. I just watch you move your head up

Wyoming Reporting Service, Inc. 1.800.444.2826 1026

1 and down and look upwards, and you seem to be agitated from

2 what I can tell.

3 Q. Oh, I'm agitated for sure.

4 A. Thank you for clarifying.

5 Q. I've watched the video of your first all-agency

6 meeting held on January the 5th, 2011, and in that video, I

7 heard you say that issues related to organization in your

8 administration were to go to Roger Clark, and issues

9 related to instruction were to go to Sheryl Lain. Do you

10 recall giving that explanation --

11 A. Yes.

12 Q. -- of the duties of your instructional leaders?

13 A. Yes.

14 Q. Thank you. Then you announced that you hadn't

15 yet figured out what function Kevin Lewis would serve, but

16 you were sure that he was going to be on your leadership

17 team. Do you recall that?

18 A. I don't recall it, but if you say it's on there,

19 I trust it is.

20 Q. If so, when did you figure out what the function

21 was that Kevin Lewis would serve?

22 A. It was well into the months ahead. I don't

23 exactly recall.

24 Q. Okay. I'd like to direct your attention to a

25 meeting that occurred on November 19th of 2012. You've

Wyoming Reporting Service, Inc. 1.800.444.2826 1027

1 heard lots of testimony about that, correct?

2 A. Uh-hum.

3 Q. Do you recall the meeting?

4 A. Yes.

5 Q. What was the purpose of the meeting?

6 A. Forgive me, would you go back? Maybe I don't

7 have the right meeting. Tell me the date again.

8 Q. November 19, 2012.

9 A. Yes. Okay.

10 Q. What was the purpose of the meeting?

11 A. There had been a lot going on as a lead-up to the

12 legislative session. There had been media reports that the

13 Department was not -- did not have the capacity to fill

14 their -- that the Department was being questioned as to its

15 capacity, and I had spoken with the communications

16 director. He had come to me and informed me that he was

17 concerned about the new staff in the agency, that they may

18 not understand what's going on, where the staff had been

19 there for sometime would know that absolutely they would be

20 fine and that their work would continue no matter what had

21 taken place, that they absolutely did have capacity and

22 that we shouldn't be concerned about the staff who had been

23 there, but the new staff may need to have an opportunity to

24 talk about their work and be comforted to know that indeed

25 that they would be fine and not to worry.

Wyoming Reporting Service, Inc. 1.800.444.2826 1028

1 Q. Was the purpose of the meeting for you to address

2 a November 13th report from the education liaison of the

3 LSO?

4 A. We were, I believe, concerned about the media

5 that was going on, and so one of the things again regarding

6 capacity, during that meeting we were in a large circle,

7 people were sitting in a circle so they could all see each

8 other. I asked them to talk about their particular areas

9 of work so that they would know that it was valued and what

10 each other were doing. I talked about instruction. I

11 shared a video on the health academy in Rock Springs, also

12 an academy up in Jackson. We showed a video with

13 Dr. Fullan to discuss fragmentation, and we did the best to

14 allay any other questions or concerns that the staff had.

15 Q. Was the impetus for the meeting a report from the

16 legislative education liaison issued on November 13th of

17 2012?

18 A. The emphasis on the meeting was assuring --

19 Q. Impetus.

20 A. Impetus, impetus behind the meeting was to assure

21 the staff, the new staff that they were in a place that

22 they could feel confident and comfortable in their

23 position.

24 Q. So if it was the new staff, I take it there was

25 only the new staff that you asked to attend?

Wyoming Reporting Service, Inc. 1.800.444.2826 1029

1 A. And some of my leadership team.

2 Q. And how did you select which employees you wanted

3 to attend?

4 A. I'm not certain exactly how they were selected.

5 I know that, again, it was Jerry Zellars who had come to

6 me, the communications director, and I believe he had

7 spoken with maybe -- I'm making an assumption -- Rita

8 Watson as to contacting the new staff, and I don't know

9 exactly how they went about that, but those they thought

10 would benefit by sitting down and having a conversation.

11 Q. Those that who thought would benefit?

12 A. Jerry Zellars.

13 Q. So the meeting was Jerry Zellars' idea?

14 A. Initially, yes.

15 Q. And did Jerry Zellars attend the meeting?

16 A. I don't believe he did.

17 Q. Did Kevin Lewis attend the meeting?

18 A. He did.

19 Q. But did he speak?

20 A. No. He was the one behind the LCD projector. So

21 as we called up various videos, he was responsible for

22 showing those.

23 Q. Did you ask those who attended the meeting who

24 trusted you to stand up?

25 A. I don't remember saying to anyone if you trust

Wyoming Reporting Service, Inc. 1.800.444.2826 1030

1 me, stand up, no. No, that did not happen. I asked if

2 everyone would stand up. Maybe we were standing. I don't

3 know. But, yeah, I'm sure I asked everyone to stand.

4 Q. So you don't recall asking anybody to make any

5 sort of motion that they trusted you?

6 A. No.

7 Q. Did you ask those who could be trusted to take a

8 step forward?

9 A. No.

10 Q. Did you ask everyone to hold hands and tell them

11 "This is our circle of trust"?

12 A. I asked, if I recall, it would be those three

13 questions that I asked before, just remember, committed to

14 children, respect everyone who contacted you, and to always

15 honor the leadership.

16 Q. Did Kevin Lewis take notes when he wasn't

17 standing behind the projector or whatever the video machine

18 was?

19 A. I do not know. Mr. Salzburg, he was running the

20 projector.

21 Q. Well, the projector was being run only when you

22 were showing the video, correct?

23 A. Right, right.

24 Q. And so how long did this meeting last?

25 A. I don't recall.

Wyoming Reporting Service, Inc. 1.800.444.2826 1031

1 Q. How long was the video?

2 A. There were three or four videos that were shown.

3 So I don't -- I don't recall exactly how long each one. It

4 would have been ten minutes apiece, maybe five to ten

5 minutes. I don't recall.

6 Q. Okay. Did Kevin Lewis report to you any

7 disloyalty that he detected in the employees' body

8 language?

9 A. No.

10 Q. If any employees declined to stand, take a step

11 forward or to hold hands, did you have some thought about

12 what you were going to do?

13 A. That would have been fine.

14 Q. Do you recall on January 23rd of 2013 you

15 directed a number of your employees to come to your office

16 to be interviewed by Angela Benner?

17 A. I didn't actually direct them.

18 Q. Who did?

19 A. Probably one of the leadership team, and I don't

20 know which one, and I believe that they contacted Rita

21 Watson. It would have Rita -- my understanding, it would

22 have been Rita who would have asked each person to come to

23 the office.

24 Q. So Rita figured out who it was that ought to

25 come?

Wyoming Reporting Service, Inc. 1.800.444.2826 1032

1 A. No.

2 Q. Who did?

3 A. I don't know exactly who. It may have been Jerry

4 Zellars. It might have been Sam Shumway. It might have

5 been -- one of those two most likely.

6 Q. Were you there on the 23rd at the Department?

7 A. I was.

8 Q. Did you meet with Angela Benner and Sam Shumway?

9 A. I believe I did, yes.

10 Q. What did you talk about?

11 A. Mr. Salzburg, when we talk about the 23rd, is

12 this -- is this the meeting where we're discussing where we

13 would like to have her interview the staff members?

14 Q. Yes.

15 A. Okay. I'm sorry, the dates escape me. So we sat

16 down with Angela. We identified, I believe, three

17 questions, explained that we'd like to know what their

18 perceptions were of the meeting. If there were people who

19 were upset, I wanted to know. If they weren't upset, I

20 wanted to know that, too. That there had been some

21 indication from at least one staff member that they had

22 perceived something taking place in that meeting that I had

23 not perceived, and so I wanted to better understand what

24 their perceptions were.

25 Q. Why did you ask Angela Benner to do it as opposed

Wyoming Reporting Service, Inc. 1.800.444.2826 1033

1 to your own HR supervisor?

2 A. I thought it would be important to have someone

3 from the outside come in and ask those questions. I had

4 asked for -- whenever you have an investigation, I think

5 it's good to bring in someone from the outside.

6 And I had asked for another investigation. Once

7 I'd been accused by a disgruntled employee as she was

8 leaving the agency, she e-mailed right after five o'clock a

9 very angry e-mail to me accusing me of questionable hiring

10 practices, and so I thought perhaps they had them, so I

11 said let's ask. And so I brought in -- I asked I think it

12 was Angela Benner to do that investigation as well. And

13 certainly we did have questionable hiring practices in that

14 person's division and another one. As a result I learned

15 that, but yes, whenever it was an investigation, I asked

16 someone from the outside to come in.

17 Q. So you asked Angela Benner to come in?

18 A. I didn't personally ask her.

19 Q. Who did?

20 A. I believe I contacted Mr. Corsi, or Dr. Corsi.

21 Q. But you made the request?

22 A. I did.

23 Q. And your recall is still that it was Rita Watson

24 who decided who it was that was going to be interviewed?

25 A. No, it wasn't Rita who decided. There needed --

Wyoming Reporting Service, Inc. 1.800.444.2826 1034

1 whoever was in a meeting in November 19th, those are the

2 folks I wanted to know what their perception was that had

3 taken place, and so it was an indication -- there had been

4 some indication that there was a perception different than

5 what I had experienced and that there might be people

6 uncomfortable at that meeting. And so I wanted to better

7 understand it.

8 So I believe that most likely it was Jerry

9 Zellars who worked with Rita to figure out who had attended

10 that meeting and then asked them to be interviewed.

11 Q. You mentioned that you had discovered another

12 staffer who had a different view than you did --

13 A. Uh-hum.

14 Q. -- about what that meeting entailed, correct?

15 A. Uh-hum.

16 Q. Was that Beth VanDeWege?

17 A. I had learned that, yes, that she had written a

18 letter, and it was about that meeting, and it was a very

19 different view than what I experienced.

20 Q. And on the 23rd of January, what was going on

21 over here in the legislature?

22 A. There was a lot going on, Dr. Salzburg, or

23 Mr. Salzburg. I don't know exactly what was going on that

24 day over here in the legislature. I'm sure there was a lot

25 going on with SF 104.

Wyoming Reporting Service, Inc. 1.800.444.2826 1035

1 Q. So was the purpose -- was one of the purposes of

2 the interviews to try to develop some rebuttal testimony

3 from other of your employees to counteract or to rebut what

4 Beth VanDeWege said in the interview?

5 A. Mr. Salzburg, the purpose of those interviews was

6 to understand what the perceptions were of those who

7 attended the meeting.

8 Q. After the interviews were completed, did you get

9 any information from the employees who had been required to

10 attend the November 19th meeting that would rebut the

11 information that Beth VanDeWege provided to Speaker Lubnau?

12 A. Mr. Salzburg, I don't recall exactly when I

13 received the information. I've read so much and there's

14 been so much that has transpired, I'm not certain exactly

15 when I received all the information.

16 Q. The question is did you receive some?

17 A. I have received information from the MacPherson

18 report, through the testimonies here and probably prior to

19 that. So I have received information as to how people

20 perceived that.

21 Q. Did you receive some information from Angela

22 Benner after she completed the interviews?

23 A. No, I did not.

24 Q. Okay. So when's the first time that you can

25 recall that you had an understanding of what the employees

Wyoming Reporting Service, Inc. 1.800.444.2826 1036

1 reported in those interviews?

2 A. I believe I may have had a conversation with Sam

3 Shumway. He may have given me some information about his

4 information from Angela Benner. But I -- I don't know

5 exactly how specific that was at this moment.

6 Q. Did you ask Sam Shumway and Megan Meisen to draft

7 letters to rebut the VanDeWege letter?

8 A. I asked Sam and Megan if they would write down

9 their perceptions as to what took place.

10 Q. And what, just notes for you?

11 A. It was important for me to understand what people

12 were perceiving.

13 Q. Did you tell Sam Shumway or Megan Meisen to draft

14 letters to be sent outside of the Department?

15 A. No, I did not.

16 Q. Did you know that both of them did that?

17 A. I am aware of that.

18 Q. When did you become aware of that?

19 A. Probably -- I'm trying to think -- sometime

20 during that period.

21 Q. Were Mr. Shumway and Miss Meisen among the

22 employees that you trusted?

23 A. Mr. Salzburg, I trusted all the employees at WDE.

24 And, Mr. Salzburg, I still trust many of the employees at

25 WDE, and I don't know that that's an issue, trust. I will

Wyoming Reporting Service, Inc. 1.800.444.2826 1037

1 work with everyone always. The issue of trust -- and that

2 word continues to come up, if you trust or don't trust.

3 That's not how I perceive people. You work with them.

4 Q. Do you recall an employee of the Department named

5 Brian Ross?

6 A. I do. Mr. Salzburg, I recall him. I don't know

7 him very well.

8 Q. When was Megan Meisen hired by the Department

9 originally?

10 A. I don't recall her exact hiring date.

11 Q. What position was she hired for?

12 A. I can't recall that at this very moment.

13 Q. Do you know what the duties were of the position

14 that she was hired for?

15 A. I do not recall.

16 Q. Do you know when she was made the Department's

17 human resources supervisor or manager?

18 A. I don't have that date in front of me.

19 Q. Can you tell me approximately?

20 A. Karen Kelley served as the HR director for a

21 number of months, and then she retired. John Shumway was

22 hired and served approximately seven months, as I recall,

23 before taking a position as the HR director at the State

24 Hospital as he had planned all along, and then we hired

25 Megan Meisen, and I do not recall that date.

Wyoming Reporting Service, Inc. 1.800.444.2826 1038

1 Q. What education -- well, first of all, who was it

2 that decided to hire her as the HR manager or supervisor?

3 A. There was an interview team, and I was on that

4 interview team.

5 Q. And so who decided to give her that position?

6 A. The interview team.

7 Q. Who else was on the interview team?

8 A. I don't recall. I'd have to look.

9 Q. Do you understand what an appointing authority

10 is?

11 A. Yes, I do.

12 Q. And what is an appointing authority?

13 A. An appointing authority would be an ability for

14 you to appoint somebody -- perhaps you should tell me,

15 Mr. Salzburg.

16 Q. Well, my understanding of an appointing authority

17 is the person who has the authority to hire.

18 A. Right. Okay.

19 Q. Is that accurate to your understanding?

20 A. Yes.

21 Q. Who is the appointing authority for the Wyoming

22 Department of Education under your leadership?

23 A. I am.

24 Q. At the time that she was -- Megan Meisen was

25 appointed to be the HR manager or supervisor, whatever her

Wyoming Reporting Service, Inc. 1.800.444.2826 1039

1 title was, did you view her as one who honored the new

2 superintendent's leadership?

3 A. I think Megan Meisen was respectful of all people

4 and would not undermine anyone in the Department of

5 Education.

6 Q. Did you view her as one who honored the new

7 superintendent's leadership?

8 A. I viewed her as someone who would not undermine

9 the leadership and would be honorable.

10 Q. I read an article in the Casper Star dated July

11 16th of 2013, just six months ago, after the confidential

12 section of the MacPherson report in redacted form was

13 released, and it contains the following quote: "In an

14 interview with the Star-Tribune, Hill said she didn't know

15 her employees were experiencing so much work-related stress

16 that it led to health problems. She said that she didn't

17 know what caused employees to be fearful." Then this

18 quote, "'There seems to be a subculture within the

19 Department that I was unaware of,' she said."

20 Is it true that on July 16th of 2013 you didn't

21 know that there were Wyoming Department of Education

22 employees who were experiencing so much work-related stress

23 that it led to health problems?

24 A. What was the date?

25 Q. July 16, 2013 was the date of the article.

Wyoming Reporting Service, Inc. 1.800.444.2826 1040

1 A. Mr. Salzburg, I was not aware.

2 Q. Did you tell the Casper Star-Tribune that you

3 didn't know what caused the employees to be fearful?

4 A. Yes.

5 Q. Did you say that there seems to be a subculture

6 within the Department of which you were unaware?

7 A. Yes.

8 Q. What did you mean by subculture?

9 A. I think in the last three days you've heard

10 people testifying that they were keeping notebooks, taking

11 notebooks and having special meetings or private meetings,

12 that there was -- there were things going on that I just

13 couldn't even imagine. I was so busy doing the work,

14 focusing on our kids and our schools, and I did not know

15 that these things were occurring.

16 Q. Did you have any suspicion about the cause of the

17 employees in the Department being fearful?

18 A. No.

19 Q. And you've told us both in your questions that

20 you've asked to be posed to witnesses and I think again

21 earlier in your testimony that during your tenure you only

22 fired one permanent employee; is that correct?

23 A. Yes.

24 Q. In that same time period, from the time you took

25 office until the effective date of Senate File 104, how

Wyoming Reporting Service, Inc. 1.800.444.2826 1041

1 many probationary employees were fired?

2 A. I do not know.

3 Q. In the same time period how many at-will

4 employees were fired?

5 A. I do not know.

6 Q. In a February 4, 2012 article in the Casper

7 Star-Tribune, the paper reports that you thought all

8 department employees should be classified as at will. Did

9 you think that all the department employees should be

10 classified as at will?

11 A. When I -- Mr. Salzburg, when I came into office,

12 there were positions that were open, and I converted

13 positions that were vacant, those vacant positions to

14 at-will positions. And, yes, I -- and I continue to do so

15 until I -- there was an AG's opinion that I no longer --

16 and the departments were to provide at will at a certain

17 level, and I've honored that.

18 Q. In February of 2012, did you think that all

19 department employees should be classified as at will?

20 A. I don't know exactly what I said in that

21 interview, but I will say that I think that at-will

22 employees are important in education, and I was comfortable

23 in converting at-will employees to -- or excuse me,

24 converting a vacant position -- vacant permanent positions

25 to at-will employee positions.

Wyoming Reporting Service, Inc. 1.800.444.2826 1042

1 Q. You mentioned that you got an opinion with

2 respect to your ability to make that conversion from the

3 attorney general, correct?

4 A. I asked for that opinion.

5 Q. Why did you ask for the opinion?

6 A. I thought that needed to be clear as to what was

7 appropriate here.

8 Q. Did you -- if the opinion had been, yeah, you can

9 make the conversion, would you have changed all department

10 employment positions to at will?

11 A. Mr. Salzburg, I don't know.

12 Q. So if it's true that you announced on February

13 4th, 2012 to the Casper Star-Tribune that you thought all

14 department employment should be at will and if it's true

15 that the principal feature of at-will employment is the

16 ability of the employer to discharge the employee without

17 cause or reason, does that suggest to you why there may

18 have been fear among your employees?

19 A. Mr. Salzburg, you're making conjecture when you

20 ask is that a reason. I don't believe that I can say how

21 employees feel or do not feel and whether they would be

22 fearful or not or why.

23 So I'm not -- I don't quite know how to answer

24 your question as to how someone would perceive that that's

25 not me. I can only speak to me. And I would not be

Wyoming Reporting Service, Inc. 1.800.444.2826 1043

1 uncomfortable. I've been an at-will employee, and I'm

2 completely comfortable with that. I'm not fearful as an

3 at-will employee.

4 Q. You're an at-will employee?

5 A. I have been an at-will employee.

6 Q. Are you an at-will employee now?

7 A. I'm an elected official. That's different.

8 Q. And prior to that you were a contract employee?

9 A. I have been an at-will employee most of my

10 career.

11 Q. And what employment that you told us about

12 earlier were you at will?

13 A. My employment in Michigan and my employment in --

14 at Cathedral Home for Children.

15 Q. The same article reports that more than 50 people

16 had left the 146-employee department during your first year

17 according to the paper's analysis and payroll information

18 obtained from A&I. First, do you agree that more than a

19 third of your employees had left in the first year of your

20 administration?

21 A. I disagree.

22 Q. How many you do think left?

23 A. I believe I quoted 23 percent.

24 Q. I'm not the best at math, but if it was more than

25 50 of a 146-employee department, is my math right, that's

Wyoming Reporting Service, Inc. 1.800.444.2826 1044

1 like 34 percent plus?

2 A. You are incorrect in your numbers.

3 Q. No, is my math correct?

4 A. It was 23 percent. And there were approximately

5 136 employees or so that were working at the Department.

6 So I don't have a calculator right here, but once you do

7 the math.

8 Q. Do you recall -- I'm going to change gears now to

9 Fremont 38.

10 A. Uh-hum.

11 Q. Do you recall a staff meeting that occurred on

12 July 22, 2011 in which you pitched the idea of using

13 $10 million in stimulus funding to implement WYR in a

14 Wyoming school district?

15 A. That is not correct.

16 Q. What do you recall?

17 A. If it's a meeting -- and again, I don't remember

18 the exact date. If you're talking about the -- we had

19 internal open hearings in the department where each

20 division came before the group, the superintendent and

21 others, to discuss their budgets, and we went through them

22 line by line. In fact, I offered -- I had offered the

23 appropriations chairman, Senator Nicholas, to join us. He

24 declined and asked that I not invite the rest of the

25 committee, the appropriations committee.

Wyoming Reporting Service, Inc. 1.800.444.2826 1045

1 But we went forward with those hearings, and in

2 those hearings -- and if this is what you're speaking to,

3 and I do not know exactly, but if you are speaking to when

4 Laurel Ballard and Dianne Bailey came before the group and,

5 instead of reviewing their budget line by line, stated "The

6 good news is we have $10 million in ARRA funds," I said,

7 "I'd rather we go line by line in your budget." And at

8 some point we let them know ultimately that we were not

9 going to need the ARRA funds.

10 Q. Is there an exhibit book in front of you --

11 A. There is.

12 Q. -- that contains Hill Exhibit 1?

13 SPEAKER LUBNAU: Counsel, we've been going

14 for about an hour and 15 minutes, and Eric has been taking

15 down some fairly phrenetic-paced testimony. If we could

16 take a break until three o'clock. Would this be an

17 appropriate time to do that?

18 MR. SALZBURG: Sure.

19 SPEAKER LUBNAU: Okay. We're in recess

20 until three o'clock.

21 (Hearing proceedings recessed

22 2:43 p.m. to 3:02 p.m.)

23 SPEAKER LUBNAU: It's a little after 3:00.

24 We have a quorum. We're back in session.

25 Counsel, please continue.

Wyoming Reporting Service, Inc. 1.800.444.2826 1046

1 MR. SALZBURG: Thank you, Mr. Speaker.

2 Q. (BY MR. SALZBURG) Superintendent Hill, prior to

3 the break I asked you to take a look at what's been marked

4 in the notebook as Exhibit 1. Do you see that?

5 A. It's open, yes.

6 Q. Have you had a chance to look at it?

7 A. Very briefly.

8 Q. Are you aware that Mr. Tucker wrote what I think

9 is an op-ed piece for the Riverton Ranger on September 16,

10 2012?

11 A. It appears to be.

12 Q. Had you read that before today?

13 A. I have not.

14 Q. Okay.

15 A. And I have not read it today. I've only scanned

16 it.

17 Q. Right. I'll refer to it to help you refresh your

18 recollection to the extent you might need to to answer

19 these next questions, all right?

20 A. Yes.

21 Q. We've heard from Sheryl Lain many of the details

22 about WYR. Do you agree with her description that WYR is a

23 protocol which she and some others developed from a number

24 of other programs?

25 A. Yes.

Wyoming Reporting Service, Inc. 1.800.444.2826 1047

1 Q. All right. Can you tell us who Randy Tucker is?

2 A. Randy Tucker from Riverton, Wyoming served as a

3 consolidated grants manager and a technical -- or excuse

4 me, I believe that's technology director. I'm not sure

5 exactly all of his roles at Fremont 38 he served.

6 Q. Did you know Randy Tucker before you took office?

7 A. I met Randy Tucker one time before he took

8 office.

9 Q. So here is my first question that's related to

10 this op-ed piece. Do you recall that you were in a staff

11 meeting discussing the idea of using WYR in a school

12 district when Randy Tucker called from Fremont asking for

13 help to raise student scores --

14 A. No, I don't.

15 Q. -- for PAWS at Arapahoe Elementary?

16 A. No, I do not.

17 Q. If you would look at this op-ed piece, eighth

18 paragraph, it says, "My phone call arrived while

19 Superintendent Hill was in a meeting with staff that

20 included her deputy Sheryl Lain. They were discussing a

21 project called WYR (Wyoming Reads) and were looking for a

22 school to unveil the program at." Do you know if that

23 statement is accurate?

24 A. That is not accurate.

25 Q. Okay. Randy Tucker identified himself as the

Wyoming Reporting Service, Inc. 1.800.444.2826 1048

1 technology director at Fremont 38. Do you know if that's

2 accurate?

3 A. To the best of my knowledge.

4 Q. Okay. Was Randy Tucker the one who contacted the

5 Department of Education seeking assistance with low PAWS

6 scores at Arapahoe Elementary?

7 A. Yes.

8 Q. Okay. And do you have any idea why a technology

9 director would be contacting the Department as opposed to

10 the superintendent or a principal or the chairman of the

11 board?

12 A. Yes.

13 Q. And why was that?

14 A. Mr. Tucker, from what I recall, there was a new

15 superintendent in their district, and he stated that the

16 new superintendent had asked him to call on his behalf.

17 And he went on to explain that 18 percent of their students

18 were proficient in reading in the third grade, and

19 essentially the conversation led to, "Are you willing to

20 work with us?"

21 Q. Next paragraph in the op-ed piece. "As they say

22 in the military, I was in way above my pay grade, without

23 the local superintendent's approval or without the

24 knowledge of the local board. I called on a Friday." So

25 you think that's a misstatement as well?

Wyoming Reporting Service, Inc. 1.800.444.2826 1049

1 A. I don't think he was under oath, Mr. Salzburg.

2 You quoted me earlier from the Casper Star, and when you

3 quoted me, I for a moment, even though the quote sounded

4 correct, knowing it came from the Casper Star, I wondered

5 if it were correct. I had to think about it for a few

6 moments because I don't trust anything that comes out of

7 the Casper Star. And as I read this, there are liberties

8 that have been taken I believe in journalism here.

9 Q. Who is the author?

10 A. Randy Tucker.

11 Q. And he's talking about what he did, right?

12 A. Yes.

13 Q. So what are the liberties that were taken by the

14 journalist?

15 A. I think they can write whatever they would like

16 to write. I don't know that he's under oath when he took

17 this and made the statement. He was not under oath. If

18 you would like to hear from Randy Tucker, I suggest you

19 have him as a witness and, just as you put me under oath,

20 ask Mr. Tucker to be under oath and then ask those

21 questions of him.

22 Q. Do you have any reason to doubt that Randy Tucker

23 wrote this op-ed piece?

24 A. I have no reason to doubt that.

25 Q. So I'm just asking you, Superintendent Hill,

Wyoming Reporting Service, Inc. 1.800.444.2826 1050

1 whether the statements that he makes in this op-ed piece

2 are accurate or inaccurate?

3 A. They are not accurate from my perspective. Yes.

4 Q. Okay. Do you think because he wasn't under oath

5 it was okay to make this inaccurate statement?

6 A. Mr. Salzburg, there are inaccurate statements

7 every day printed in our newspapers.

8 Q. So were you looking for a school to unveil the

9 program at?

10 A. No, Mr. Salzburg.

11 Q. Look at Exhibit 2. Got it?

12 A. Yes.

13 Q. Is that a letter that you wrote to Stephen

14 Henderson, the superintendent of Fremont 38, on or about

15 July 25, 2011?

16 A. Mr. Salzburg, it has my signature. I have had no

17 time to review the letter. This is the first I've seen of

18 it. So I'm sure I did, but I write lots of letters, and

19 this is back in July of 2011. I'd like to review it before

20 I start answering questions.

21 Q. Absolutely. Go ahead.

22 A. Thank you.

23 Mr. Salzburg, I've completed. The read for me

24 was a quick read.

25 Q. Okay. Are you ready to answer questions about

Wyoming Reporting Service, Inc. 1.800.444.2826 1051

1 it?

2 A. I am.

3 Q. The letter was written by you to the

4 superintendent of Fremont 38, Mr. Steve Henderson, correct?

5 A. Yes.

6 Q. Do you see the statement in the -- just below the

7 middle of the page on the first page that says, "Fremont

8 County School District Number 38's superintendent, quite

9 coincidentally, has approached a member of my team with

10 information about the extremely low literacy scores that

11 plague the district." Do you see that?

12 A. Yes.

13 Q. Why were you telling the superintendent of

14 Fremont 38 what the superintendent of Fremont 38 had known?

15 A. I don't recall.

16 Q. Did the superintendent of Fremont 38, quite

17 coincidentally, contact a member of your team with

18 information about the extremely low literacy scores or was

19 that, in fact, Mr. Tucker?

20 A. Mr. Tucker made the initial contact. We did

21 speak with the superintendent on a number of occasions. So

22 I don't know exactly which one we're talking about here.

23 Q. Who is "we"?

24 A. My team and I spoke with Fremont 38 a number of

25 times.

Wyoming Reporting Service, Inc. 1.800.444.2826 1052

1 Q. Who is we that wrote this letter?

2 A. I wrote the letter.

3 Q. So you don't know what you meant?

4 A. You asked -- what did you ask again?

5 Q. Why were you telling the superintendent of

6 Fremont 38 what the superintendent of Fremont 38 had done?

7 A. I don't recall.

8 Q. Okay. Is it true that it wasn't the

9 superintendent of Fremont 38 who contacted your team; it

10 was Mr. Tucker?

11 A. The initial contact was Mr. Tucker, and yes, I

12 did speak with the superintendent on a number of occasions.

13 Q. You also mention in the letter, the next

14 sentence, that you had met with your staff the previous

15 week to discuss -- the letter I think says SF5F, but I

16 think it means SFSF funds, correct?

17 A. I do not know. I'm assuming.

18 Q. Do you know that SFSF funds --

19 A. I do.

20 Q. -- are the State's fiscal stabilization fund

21 portion of ARRA?

22 A. I do.

23 Q. And that's what you were referring to, wasn't it?

24 A. Again, this is three years ago and I'm assuming,

25 yes. Yes.

Wyoming Reporting Service, Inc. 1.800.444.2826 1053

1 Q. When you said in the letter "SF5F," what you

2 meant to -- that's a typo, right?

3 A. Yes, yes.

4 Q. And you were talking about the stimulus funds?

5 A. The ARRA funds, yes.

6 Q. So now back to the original question about the

7 meeting. In July of 2011, was it your understanding that

8 there was about 10 million in funds made available to

9 Wyoming under ARRA that might be used to fund the reading

10 intervention in Fremont 38?

11 A. Mr. Salzburg, you just asked two questions.

12 Q. Well, let me ask one, okay. In July 2011, was it

13 your understanding that there were about 10 million in

14 funds made available to Wyoming under ARRA that might be

15 used to fund a reading intervention in Fremont 38?

16 A. The first question that you asked, did I

17 understand that there was approximately $10 million in ARRA

18 funds, and that answer is yes.

19 The second question -- and would you like to

20 state the second half of that question or the second half

21 of your statement, which is the second question?

22 Q. On July of -- okay. We've established that you

23 were aware that there were 10 million in ARRA funds?

24 A. Yes.

25 Q. In July of 2011, were you under the impression

Wyoming Reporting Service, Inc. 1.800.444.2826 1054

1 that those ARRA funds might be used to fund a reading

2 intervention in Fremont 38?

3 A. The answer is no. The full answer is we didn't

4 know if those would be used or not. I was not inclined to

5 use ARRA funds. We had not made a decision.

6 Q. Did there come a time when you were told that

7 ARRA funds were not available for that purpose?

8 A. I remember I was told that the Governor's Office

9 would like us to spend $10 million in ARRA funds, and I

10 recall that there was a time frame to spend those ARRA

11 funds. So at some point, yes, the ARRA funds would have --

12 that time frame would have been expired.

13 Q. I want to make sure that your -- your answer to

14 my question I think was yes.

15 A. Yes.

16 Q. There did come a time when you were told that the

17 ARRA funds were not available for that purpose.

18 A. Yes.

19 Q. All right.

20 A. Mr. Salzburg, I want to make sure I answer your

21 question as I understand it, that the ARRA funds would

22 expire at some point. That's my understanding, that the

23 availability of those ARRA funds must be used within a

24 certain time frame or they would no longer be available.

25 That's what I understood.

Wyoming Reporting Service, Inc. 1.800.444.2826 1055

1 Q. So were ARRA funds available to fund a reading

2 intervention in Fremont 38 on July 25, 2011, or weren't

3 they?

4 A. Mr. Salzburg, I don't recall the exact -- my

5 understanding was ARRA funds were to be used for data for a

6 number of different -- that they certainly were not -- it's

7 not clear in my mind right now as to what the use of the

8 ARRA funds were. I can't say specifically that I remember

9 that.

10 Q. Did you have any state funding in your budget to

11 pay for a reading intervention program in Fremont 38 in

12 July of 2011?

13 A. Will you restate the question?

14 Q. Want to ask it again --

15 A. Yes.

16 Q. -- or change it?

17 A. Will you ask it again?

18 Q. Sure.

19 A. Mr. Salzburg, I'm sorry, I'm quite tired, and I

20 wasn't able to eat lunch, and I'm feeling a little bit

21 tired even though we just came back from a break. But if

22 you'll restate the question, I'd appreciate it.

23 Q. Okay. Let's make clear what I need for you to

24 do.

25 A. Okay.

Wyoming Reporting Service, Inc. 1.800.444.2826 1056

1 Q. If I ask a question that you don't understand --

2 A. Uh-hum.

3 Q. -- I'll rephrase the question --

4 A. Okay.

5 Q. -- if I use, you know, a word or phrase that

6 doesn't make sense to you, but I want to make sure that I'm

7 responding to what you're asking. So if you ask me to

8 restate the question, I think you're asking me just to ask

9 the same question over, correct?

10 A. Yes.

11 MR. SALZBURG: Okay. Eric, would you

12 please read the question back.

13 (The question was read back.)

14 A. I do not recall.

15 Q. (BY MR. SALZBURG) Did you eventually decide that

16 you would fund a reading intervention program in Fremont 38

17 and in particular at Arapahoe Elementary through a school

18 improvement grant?

19 A. Mr. Salzburg, at some point it's my understanding

20 that Fremont 38 applied for a school improvement grant and

21 I believe, along with all the other applicants, were

22 approved for a school improvement grant.

23 Q. Did you eventually decide that you would fund a

24 reading intervention program in Fremont 38 and in

25 particular in the Arapahoe Elementary School through a

Wyoming Reporting Service, Inc. 1.800.444.2826 1057

1 school improvement grant?

2 A. Mr. Salzburg --

3 Q. Did --

4 A. -- I thought I answered your question.

5 Q. Did you make a decision that you wanted to fund

6 the reading improvement program through a SIG grant?

7 A. Mr. Salzburg, there is a team that reviews those

8 applications for the SIG grant, and I don't actually sit on

9 that team.

10 Q. Did you know that Arapahoe Elementary was

11 preparing an application for a SIG grant to fund the

12 Wyoming Read program in Arapahoe Elementary?

13 A. Mr. Salzburg, I know a lot of things about

14 Arapahoe, and let me explain them and in terms of what you

15 just asked. When Arapahoe representatives called us and

16 asked us to work with them given their students had 18

17 percent of their readers in the third grade as proficient,

18 and they were interested in working with the Department, I

19 was very responsive, and their new superintendent was

20 interested in working with us.

21 I was -- I was personally committed to responding

22 to everything that they asked us to do given that they were

23 interested in working with the Department and that

24 relationship had not occurred in the past.

25 Their superintendent left by October. He'd been

Wyoming Reporting Service, Inc. 1.800.444.2826 1058

1 hired just months before. When we began working with them,

2 within a year every administrator that we began working

3 with -- every administrator that I remember within their

4 central administration was gone within a year. So when

5 they had issues, whatever the issues were and they asked us

6 for help, we helped them, and that was that personal

7 commitment to Arapahoe 38, because they asked us to. Their

8 board worked with us very closely. I worked with their

9 board on a number occasions in person on site.

10 And so your question again, and I will respond to

11 it now given that background. Would you please restate it?

12 Q. Did you eventually decide that you would fund the

13 reading intervention program in Fremont 38 and in

14 particular in Arapahoe Elementary School through a school

15 improvement grant?

16 A. Again, there's a team of individuals who decide

17 what grants are funded, and their application along with

18 everyone who applied, my understanding is all applicants

19 received funding.

20 Q. Did you play any role whatsoever in the

21 preparation of the SIG grant that was filed by Arapahoe

22 Elementary School, Fremont 38, in September of 2011?

23 A. Mr. Salzburg, my role is always policy and at a

24 policy level, and I am not certain what role you're

25 referring to.

Wyoming Reporting Service, Inc. 1.800.444.2826 1059

1 Q. Anything.

2 A. I was on site with one of many visits, as someone

3 testified earlier this week, that I was on site when they

4 actually were submitting their grant, but I didn't have a

5 role in the grant. I've never read their grant. I'm not

6 familiar with the details of their grant.

7 Q. Who in your department is familiar with the

8 grant?

9 A. John Masters would be somebody you'd want to

10 interview regarding that grant.

11 Q. What reading intervention programs did you

12 consider to implement in Arapahoe Elementary other than

13 Wyoming Read, if any?

14 A. Mr. Salzburg, before we go to that question, I

15 want to clarify something. I was in a board meeting with

16 Arapahoe at one point, and I believe they reviewed their

17 program or their -- I've been in board meetings in Arapahoe

18 where they've reviewed information. They could have

19 reviewed something and I may have been present. I do not

20 recall the details. So I'm ready for your next question.

21 Q. What reading intervention programs did you

22 consider to implement at Arapahoe Elementary other than

23 Wyoming Read, if any?

24 A. Mr. Salzburg, after we were approached to work

25 with Fremont 38, we responded in person very quickly and

Wyoming Reporting Service, Inc. 1.800.444.2826 1060

1 met with their board, their teachers and their

2 administration, and at that point we asked a lot of

3 questions as to why it is that they were wanting to work

4 together, what their students' issues were, and what was

5 working and what was not. And so after a great deal of

6 information gathering, we realized that the students -- the

7 comprehension of the students was the issue. They could

8 read most any word. Some people would say they could read

9 like the wind, but they didn't know what they were reading.

10 And so we identified what we thought would be helpful to

11 those students so that we could increase their reading

12 comprehension.

13 Q. What reading intervention programs did you

14 consider to implement at Arapahoe Elementary other than

15 Wyoming Read, if any?

16 A. I would have to defer to the people who were

17 making those specific decisions in making those --

18 Q. You don't know at all?

19 A. No, I do not.

20 Q. Do you recall contacting Joy Mockelmann and Roy

21 Hoyle on September 27, 2011 and directing them to go

22 immediately to Arapahoe and assist Fremont 38 with the

23 preparation of the SIG application?

24 A. I don't recall that conversation.

25 Q. By September of 2011, Wyoming Read was already

Wyoming Reporting Service, Inc. 1.800.444.2826 1061

1 being implemented at Fremont 38, wasn't it?

2 A. I believe that's true.

3 Q. And so if you don't recall calling Joy Mockelmann

4 and Roy Hoyle, I take it you don't have any recall of any

5 specific instructions you may have given them?

6 A. I believe that Fremont 38 was providing the funds

7 for whatever work was going on during that time. I don't

8 believe a SIG grant was involved. I don't know for

9 certain. I don't know the dates. I don't know exactly

10 what they're referring to. But my understanding is that

11 Fremont 38 was -- the district was funding the work.

12 Q. Didn't you just tell us that you were present

13 when Joy Mockelmann was preparing the SIG application at

14 Arapahoe?

15 A. Mr. Salzburg, I was, and I don't remember when

16 that was.

17 Q. But you were present when that was occurring?

18 A. She said I was. So I am assuming that I was. I

19 believe I was there. I was there on a number of times. I

20 think it was probably over a dozen times. And I don't

21 recall all the different dates I was there and exactly who

22 was doing what on what date.

23 Q. Do you recall being present when the SIG

24 application was being prepared with the assistance of Joy

25 Mockelmann and Roy Hoyle?

Wyoming Reporting Service, Inc. 1.800.444.2826 1062

1 A. When you say the SIG application was being

2 prepared with Joy Mockelmann and Roy Hoyle, my

3 understanding is that SIG applications are not prepared on

4 just one moment and one situation. I think they work on

5 them over time, and I think our work along with Fremont 38

6 occurred over a number of occasions.

7 Q. The school improvement grants are federally

8 funded, are they not?

9 A. Yes.

10 Q. And are there statutory and regulatory

11 requirements related to how those funds are used?

12 A. Yes.

13 Q. The No Child Left Behind Act requires that

14 intervention funded by a SIG must be created using

15 scientifically based research. Isn't that accurate?

16 A. Yes.

17 Q. Can you tell us what the definition of

18 scientifically based research is in the federal law?

19 A. I don't have that right before me. I know that

20 we followed all federal laws and federal rules. I have no

21 question about that. So my suggestion would be again for

22 you to interview someone at the federal level if there's a

23 question here. That would be the Office of the Inspector

24 General who could resolve that issue for you.

25 Q. In your view, if you have a view, did the Wyoming

Wyoming Reporting Service, Inc. 1.800.444.2826 1063

1 Read program meet the federal requirements for a

2 research-based program?

3 A. At this moment I'd like to be able to look at the

4 information. I'm quite tired right now, and I'm thinking

5 I'm not even certain what question you asked me. Would you

6 repeat the question.

7 Q. Sure. In your view, if you have one, did the

8 Wyoming Read program meet the federal requirements for a

9 research-based program?

10 A. Yes.

11 Q. Okay. And are you aware that there's a federal

12 requirement that the teachers employed in the intervention

13 funded by a SIG grant must be highly qualified?

14 A. Will you repeat the question?

15 Q. Are you aware that there is a federal requirement

16 that the teachers employed in the intervention funded by

17 the school improvement grant must be highly qualified?

18 A. Mr. Salzburg, if you -- okay. Yes.

19 Q. What is your understanding of what highly

20 qualified means for the purpose of SIG funded

21 interventions?

22 A. Mr. Salzburg, the school improvement grant that

23 we've been speaking of does not include teachers. We're

24 speaking of paraprofessionals, I believe. Is that correct?

25 Q. What is your understanding of what highly

Wyoming Reporting Service, Inc. 1.800.444.2826 1064

1 qualified means for the purpose of SIG funded

2 interventions?

3 A. Meeting the expectations that have been

4 identified for what a highly qualified teacher is required

5 to do probably would be appropriate certification.

6 Q. Did you hear the testimony of Beth VanDeWege when

7 she listed the highly qualified requirements under a SIG

8 grant for teachers, tutors and paraprofessionals?

9 A. And, Mr. Salzburg, I did, and that's her area,

10 and I will say that I understand most of those things to be

11 true, and in this grant it was paraprofessionals that they

12 were focusing on. Those are the folks who have been hired.

13 So I'm not certain of the relevance of the teachers, but

14 that's just my opinion. They weren't involved in the

15 grant.

16 Q. Let's go back to the op-ed by Mr. Tucker that's

17 Exhibit 1. First column, fifth paragraph from the bottom,

18 it says, "Incidentally, the only two" -- let me go up one

19 more to give you some background. He says, "A plan was

20 quickly set in place. Ten tutors were trained and hired,

21 and the children of Arapahoe were the beneficiaries of a

22 great experience." Do you agree with that?

23 A. Mr. Salzburg, I question why we're referring to a

24 newspaper article because I question anything in a

25 newspaper article. So I guess would you read that one more

Wyoming Reporting Service, Inc. 1.800.444.2826 1065

1 time so I know exactly where you are.

2 Q. Sure. Let's make sure that you can read it along

3 with me.

4 A. I just need to know where you are, what

5 paragraph.

6 Q. I'm going to tell you. Do you see the paragraph

7 that starts, "As they say in the military"?

8 A. That's the ninth paragraph.

9 Q. Okay. Let's go to the tenth.

10 A. Thank you.

11 Q. "A plan was quickly set in place. Ten tutors

12 were trained and hired, and the children of Arapahoe were

13 the beneficiaries of a great experience." Do you agree

14 with that statement?

15 A. I would say that it was a great experience, yes.

16 Q. Oh, I didn't say -- yes, I need to take a reading

17 recovery program. The term was "experiment" not

18 "experience," right?

19 A. I would say it was a great experience. As you

20 said it was an experience, I agreed with you.

21 Q. I want to -- one, this is just too far -- I'm

22 just too old and blind.

23 A. For me to comment on someone's literary -- the

24 liberties that are taken here, I --

25 Q. Okay. Let's forget the problem of whether or not

Wyoming Reporting Service, Inc. 1.800.444.2826 1066

1 this is accurate journalism and let me ask you this.

2 A. Thankyou.

3 Q. Do you agree that a plan was quickly put in

4 place?

5 A. If you consider that the Department had not

6 responded per Fremont 38 ever to them, they would consider

7 this quickly.

8 Q. Do you agree that ten tutors were trained and

9 hired?

10 A. I don't know how many tutors were trained and

11 hired.

12 Q. Do you agree that the children of Arapahoe were

13 the beneficiaries of a great experiment?

14 A. I believe it was a -- successful results were

15 obvious.

16 Q. Let's go to the next paragraph. It says,

17 "Incidentally, only the two directors, Joan Brummond and

18 Dr. Jane Brutsman, were certified teachers. The other

19 eight were just motivated young people with an interest in

20 children." Do you agree with that?

21 A. I would like to tell you what I believe versus

22 taking on his words.

23 Q. Do you agree with the statement?

24 A. I think there's some again literary flowering

25 here which is -- and liberties that's are taken, but I

Wyoming Reporting Service, Inc. 1.800.444.2826 1067

1 would -- I would just say that.

2 So that Jane Brutsman and Joan Brummond were

3 teachers. I agree with that. And they're certified

4 teachers, and I don't know who the other eight were, and I

5 don't know if they were all young, and I believe they were

6 all interested in children, but I don't know them

7 personally, so I can't tell you their commitment, but I

8 would hope that everyone would have a personal commitment

9 to the children of Fremont 38.

10 So you would like me to agree with every word in

11 there, and I'm unable to, but I did my best.

12 Q. Do you know whether the other eight were highly

13 qualified?

14 A. I don't know if it was eight, and I don't know

15 which other of the ones you're speaking to. I'd have to

16 look at those, and as paraprofessionals, my understanding

17 is that, again, we followed all laws and met all policies,

18 and yes, that anything that we were involved in there, we

19 were very committed to ensure that we did it appropriately

20 and legally, and the results were just the best part of

21 them.

22 Q. If in a federal audit of how the SIG funds were

23 spent it was determined that WYR is not a research-based

24 intervention as required by federal law or the teachers or

25 tutors that were used in the intervention were not highly

Wyoming Reporting Service, Inc. 1.800.444.2826 1068

1 qualified such that the program didn't qualify for federal

2 funding, did you have a plan B to fund the program or to

3 repay the federal government out of state funds?

4 A. It was my understanding that what we were doing

5 there was unlawful and illegal, and I think that we all

6 would have come together, as we did many times, to modify

7 and adjust where we needed to as to what was working on

8 behalf of kids.

9 There was a great deal of modification and

10 adjustment. Whenever two entities were coming together for

11 the first time to work on behalf of kids, there was a great

12 deal of problem solving that didn't end, that was

13 continual. So there wasn't just a plan B. It was probably

14 a number of plans if you were to step back and assess it.

15 Q. Do you recall asking Gail Eisenhauer in August of

16 2011 whether the state system of support funds could be

17 used to hire reading coaches in Fremont 38?

18 A. I do not, no. I do not recall that.

19 Q. Do you recall meeting with John Masters on or

20 about August 25th of 2011 about concerns expressed by Gail

21 Eisenhauer and her team or about her and her team going to

22 Fremont 38 and teaching reading to the children?

23 A. I do not recall.

24 Q. Do you recall a leadership team meeting in late

25 August of 2011 in which you told the team that you didn't

Wyoming Reporting Service, Inc. 1.800.444.2826 1069

1 want to hear any negativity about using WYR at Arapahoe

2 Elementary because the school district had asked for help

3 and you were going to give it to them without wasting lots

4 of time doing any planning?

5 A. Today you heard Teri Wigert mention that I would

6 stay as long as needed to listen to her, the staff that

7 were meeting with me, and that was and is my practice. I

8 have never in my career made a statement like that.

9 Q. Do you know whether the tutors who were supposed

10 to teach the WYR reading program to the kids at the

11 Arapahoe Elementary School were subject to background

12 checks and fingerprinting before they were put with these

13 children to do one-on-one tutoring?

14 A. I know that John Masters had gone to great

15 lengths to make certain that not only -- that WDE staff and

16 all of our staff I would think would have fingerprints and

17 background checks even though I know that this was a

18 district-level decision for the paraprofessionals so they

19 would be making those decisions, but I know how strongly we

20 felt about background checks even though the WDE did not

21 have those in place. For our own staff I know we felt very

22 strongly about that. I believe that the districts in our

23 state are required to do that. So my understanding is the

24 district would have ensured that given that this -- the

25 paraprofessionals were hired by the district and these were

Wyoming Reporting Service, Inc. 1.800.444.2826 1070

1 local control decisions.

2 Q. I want to turn now to the contract of the

3 Department with Paul Williams.

4 SPEAKER LUBNAU: Counsel, Superintendent

5 Hill didn't have a chance to eat and is a little tired.

6 Would this be an appropriate place to take a ten-minute

7 break?

8 Superintendent Hill, would that be acceptable to

9 you?

10 SUPERINTENDENT HILL: I would appreciate a

11 break.

12 SPEAKER LUBNAU: Is this an appropriate

13 place, Counsel?

14 MR. SALZBURG: Absolutely.

15 REPRESENTATIVE GREEAR: Mr. Speaker, if

16 there are any documents the superintendent is going to be

17 questioned about, could we give her a heads up so she could

18 be looking at them during this break?

19 MR. SALZBURG: You know, Mr. Speaker, I

20 think that I have referred to all of the documents that we

21 have got in the exhibit book. If there's something that we

22 have that would refresh Superintendent Hill's recollection

23 of something and she needs it, we'll certainly try and find

24 it.

25 SPEAKER LUBNAU: And, Superintendent Hill,

Wyoming Reporting Service, Inc. 1.800.444.2826 1071

1 there are some sandwiches down in the legislative break

2 room if you would want somebody to go get one.

3 SUPERINTENDENT HILL: I would very much

4 appreciate a sandwich.

5 SPEAKER LUBNAU: I don't know what's left

6 down there. Drew, maybe you know what she wants --

7 SUPERINTENDENT HILL: I will take whatever

8 is available.

9 SPEAKER LUBNAU: We'll get you something.

10 We will be in recess until 10 minutes to 4:00.

11 (Hearing proceedings recessed

12 3:41 p.m. to 3:55 p.m.)

13 SPEAKER LUBNAU: We are back on the record.

14 Counsel, please proceed.

15 MR. SALZBURG: Thank you, Mr. Speaker.

16 SPEAKER LUBNAU: Let me say that again on

17 the record. Counsel, we're on the record. Please proceed.

18 MR. SALZBURG: Thank you, Mr. Speaker.

19 Q. (BY MR. SALZBURG) Madam Superintendent, I wanted

20 to turn now to the contract between the Department and Paul

21 Williams. Are you generally familiar with the fact that

22 the Department had a contract with Mr. Williams?

23 A. Mr. Salzburg, is that somewhere in the exhibits?

24 Q. No.

25 A. Okay. Yes, I know of the contract with Paul

Wyoming Reporting Service, Inc. 1.800.444.2826 1072

1 Williams.

2 Q. Was the contract required because the Laramie

3 office which housed the division that was responsible for

4 assessment was closed?

5 A. Mr. Salzburg, Dr. Williams was hired to serve in

6 the director position -- well, actually not even the

7 director position. He was hired to assist us during a time

8 of transition. We were -- the Laramie office did close

9 during that -- just prior to him coming on and he did step

10 in and assist us with a -- the assessments.

11 Q. Okay. I think we discussed earlier the fact that

12 Dr. Alan Moore was the director of the assessment division

13 of the Department of Education when you came into office;

14 is that correct?

15 A. That is correct.

16 Q. And what happened to Dr. Alan Moore?

17 A. In terms of?

18 Q. Is he still employed?

19 A. No, he's -- he took a job with Laramie County

20 School District Number 1.

21 Q. And when was that?

22 A. I don't recall the date.

23 Q. Okay. Did his decision to leave the Department

24 have anything to do with the closure of the Laramie office?

25 A. You'd have to ask him.

Wyoming Reporting Service, Inc. 1.800.444.2826 1073

1 Q. Did he tell you?

2 A. No, he did not.

3 Q. Okay. So when he was no longer the director of

4 assessment -- of the assessment division, is that what

5 necessitated the contract with Mr. Williams?

6 A. I don't remember all the details prior to that

7 contract.

8 Q. Tell us what a --

9 A. Mr. Salzburg, just to clarify, Dr. -- or Alan now

10 works in Laramie 1, which he would have been commuting

11 whether he worked at WDE or Laramie 1, so I don't know

12 exactly why you asked the question. I'm not quite certain

13 what your question was.

14 Q. Well, we'll move on.

15 A. Okay.

16 Q. Tell was what an assessment entails.

17 A. I'm not certain which assessment you're talking

18 about. Every assessment has a purpose, and I'm -- it's a

19 measure of something depending on whether you're measuring

20 something medically or student learning or I'm not certain

21 exactly what you're referring to.

22 Q. What was the principal duty of the assessment

23 division of the Wyoming Department of Education?

24 A. The assessment team focused on the state

25 assessments and the assessments that the Wyoming Department

Wyoming Reporting Service, Inc. 1.800.444.2826 1074

1 of Education was responsible.

2 Q. Was Dr. Alan Moore the director of the division

3 that was responsible for assessment when you took office?

4 A. Yes.

5 Q. All right. Do you know how much compensation

6 Paul Williams was to receive under the contract that he had

7 with the Department?

8 A. I don't have that information, no.

9 Q. Do you know whether the contract originally had

10 any provision for the payment of overtime?

11 A. I'd have to see the contract.

12 Q. Did there come a time, to your knowledge, when

13 Paul Williams made a claim for overtime pay?

14 A. I am familiar with that. I heard testimony on

15 that yesterday in fact.

16 Q. Was that the first time you heard about that?

17 A. No.

18 Q. When was the first time you heard about it?

19 A. I don't recall.

20 Q. Do you have a definition in mind of what overtime

21 is?

22 A. Beyond the contract? Duties beyond what had been

23 contracted between two parties. If three's additional

24 duties, I would assume that would be considered overtime.

25 Q. Do you know how many hours state employees are

Wyoming Reporting Service, Inc. 1.800.444.2826 1075

1 expected to work, full-time state employees?

2 A. It depends on how many hours total, 40, I would

3 assume, per week.

4 Q. Per month.

5 A. That would be -- you know, I would assume it

6 would be 160 hours, then.

7 Q. Okay. Well --

8 A. I don't have that right in front of me. In fact,

9 those are probably questions that someone with other areas

10 of expertise would want to be responding to. I'm sorry.

11 Those kind of details aren't right at the tip of my tongue

12 or knowledge base.

13 Q. Do you know whether Paul Williams was paid

14 overtime pay for hours that he claimed to have worked in

15 excess of 120 per month?

16 A. I don't have the exact numbers.

17 Q. Yesterday we heard testimony from Mr. Carroll

18 that Mr. Williams was paid over $260,000 in a 14-month time

19 period. Does that sound right to you?

20 A. I don't have that information before me.

21 Q. Do you have any reason to disagree?

22 A. With Mr. Carroll?

23 Q. Yes.

24 A. I would want the information in front of me.

25 Q. Have you had a chance to review the two reports

Wyoming Reporting Service, Inc. 1.800.444.2826 1076

1 that Trent Carroll and Greg Hansen put together for the

2 legislature regarding the outside contract payment period

3 from July 2010 to October 2012?

4 A. Yes.

5 Q. Did you direct Mr. Carroll or Mr. Hansen or

6 either of them to scrub all references to T2T, SpLit, 3+8

7 or WYR from the report before it was delivered to the

8 legislature?

9 A. No.

10 Q. Do you know if anyone else on your leadership

11 team made that direction?

12 A. No one.

13 Q. So to the extent that they say otherwise, their

14 statements are false?

15 A. Mr. Salzburg, you actually have information that

16 will clarify exactly what took place here. And I'm

17 assuming that you shared it with the committee.

18 Q. I do?

19 A. Yes, you do. You have all of our documents and

20 all of our e-mails, is that correct, Mr. Salzburg, from the

21 WDE? Do you have all of the information that we shared for

22 this investigation? Do you have that information?

23 Q. Are you referring to an external hard drive with

24 118 gigabytes of documents?

25 A. So you do have information. There is an e-mail

Wyoming Reporting Service, Inc. 1.800.444.2826 1077

1 within that information from John Masters to Don Richards

2 at LSO and I'm assuming that -- and that will clarify

3 exactly what transpired there. I'm assuming you shared

4 that with the committee. Have you, Mr. Salzburg?

5 Q. Here is how this works. I get to ask questions.

6 You get to give answers.

7 A. Mr. Salzburg, I can only answer your question if

8 you answer mine. Have you shared that information with

9 this committee?

10 Q. Did you personally review the 900 series report

11 after the references were removed?

12 A. Mr. Salzburg, I have that document that I think

13 the committee should see --

14 Q. Sure.

15 A. -- in order clarify, but I would like to know

16 from committee members if you have seen this document

17 before?

18 For the record, I just passed out an e-mail that

19 reads, "JAC requests" header. It has 14 messages. LSO Don

20 Richards to Cindy Hill and it has a list of other

21 recipients. If you will turn to page -- it's two sided, so

22 if you'll please turn to essentially page 1, 2, 3, 4, 5 or

23 it's the third page in and there should be a highlighted

24 portion within there.

25 Now, Mr. Salzburg, I'm sure you're familiar with

Wyoming Reporting Service, Inc. 1.800.444.2826 1078

1 this, but because I didn't get the answer to my questions,

2 if, committee members, if you'll please read this and then

3 let me know if indeed you have received this or not.

4 MR. SALZBURG: Mr. Speaker, is it out of

5 order for questions to be asked of me while you read?

6 THE WITNESS: It's critical information in

7 order for me to answer the question. I need to know if

8 committee members are already familiar with this. And if

9 you're not, then I will answer your question with this in

10 mind, Mr. Salzburg.

11 SPEAKER LUBNAU: Counsel, it's probably out

12 of order in the interests of all of the -- getting all of

13 the information in. I think it's appropriate that the

14 counsel gave us essentially a million-page document dump,

15 it included confidential information. Because it included

16 confidential information, the LSO kept the documents so

17 that we didn't further republish, it was confidential

18 medical information on certain students. We didn't want to

19 publish that to all of the members of the committee,

20 further republishing confidential medical information that

21 was contained on that drive. So LSO and counsel had this

22 document. I have not seen this e-mail.

23 THE WITNESS: Thank you for clarifying.

24 Committee members, if you could take a look at this, and I

25 will answer questions knowing that you have not seen it,

Wyoming Reporting Service, Inc. 1.800.444.2826 1079

1 but it was in possession of counsel.

2 Mr. Salzburg, I believe this e-mail clarifies

3 that indeed the information that was sent by or testified

4 by Trent Carroll and Greg Hansen yesterday, they had been

5 part of this e-mail string, and this e-mail clarifies that

6 we were -- the attempt at least here was to make certain

7 that it was clear that accuracy is what was being hoped and

8 achieved through all of the efforts that were being made at

9 that time.

10 If you would like to have more detail, perhaps

11 you should ask John Masters to serve as a further resource

12 to this e-mail, but I think it's important for you to know

13 about.

14 MR. SALZBURG: Okay.

15 SPEAKER LUBNAU: Counsel, if you would

16 continue your examination.

17 MR. SALZBURG: Thank you.

18 Q. (BY MR. SALZBURG) Did you personally review the

19 900 report after the references had been taken out?

20 A. I don't recall.

21 Q. It's Carroll Exhibit 8.

22 A. Okay. I don't recall. It's possible. I don't

23 know.

24 Q. Okay. I asked you before we got into this

25 whether or not you had seen those two reports, and I think

Wyoming Reporting Service, Inc. 1.800.444.2826 1080

1 your answer was yes.

2 A. As I look at this particular format, it doesn't

3 necessarily look familiar to me, but I'm assuming that I

4 have seen it.

5 Q. Okay. There are in that report a number of

6 references to payments to Shan Anderson. Were you aware at

7 the time of that report that Shan Anderson is Sheryl Lain's

8 daughter?

9 A. Yes.

10 Q. And were you aware that a contract was issued to

11 Shan Anderson as a sole source contract?

12 A. No.

13 Q. Were you aware that Sheryl Lain was an official

14 of your administration who signed the sole source

15 justification for the contract award?

16 A. I learned of that after the MacPherson report.

17 Q. Were you aware at the time that Sheryl Lain was

18 the official of your administration who signed the

19 contract?

20 A. No. I learned about the contract after I read

21 the MacPherson report.

22 Q. When you came into office, did you familiarize

23 yourself with the provisions of Executive Order 1997-4, the

24 Executive Branch Code of Ethics issued by Governor

25 Geringer?

Wyoming Reporting Service, Inc. 1.800.444.2826 1081

1 A. Would you remind me of that so -- I don't know

2 the numbers by heart.

3 Q. The Executive Branch Code of Ethics.

4 A. Yes, I'm familiar with the Code of Ethics. Was

5 there a particular one you wanted to speak to,

6 Mr. Salzburg? I was wondering. The Code of Ethics I am

7 familiar with. I have read them, yes, I have. I am

8 familiar.

9 Q. When you came into your office, did you

10 familiarize yourself with the governmental Code of Ethics

11 that were issued by Governor Geringer?

12 A. I did.

13 Q. And when you came into office, did you

14 familiarize yourself with the Ethics and Disclosure Act?

15 A. I have and I did.

16 Q. Were you aware that the nepotism provision of the

17 Ethics and Disclosure Act provides, "A public official,

18 public member or public employee acting in its official

19 capacity shall not participate in his official

20 responsibility or capacity regarding a matter related to

21 the employment of a family member"?

22 A. I'm familiar and I agree with it.

23 Q. Were you aware that a violation of that provision

24 is considered in the statute to be sufficient cause to

25 terminate a public employee or to remove a public official

Wyoming Reporting Service, Inc. 1.800.444.2826 1082

1 in office?

2 A. It makes sense to me.

3 Q. And were you aware that Section 6B of the

4 governor's executive order establishing the Executive

5 Branch Code of Ethics prohibits any public employee from

6 participating in a decision to employ a family member?

7 A. I couldn't quote it as you just shared, but that

8 makes sense to me as well.

9 Q. Were you aware that that was in the Code of

10 Ethics?

11 A. Yes.

12 Q. Thank you. And so if I understand your

13 testimony, you found out that Sheryl Lain had prepared and

14 signed the sole source justification for the employment of

15 her daughter, Shan Anderson, only as a result of the

16 MacPherson report, correct?

17 A. Correct.

18 Q. All right. Do you recall the first meeting of

19 your -- the first all-agency meeting, again, back to the

20 January 5, 2011 meeting, that you invited all of the

21 State's -- the departmental employees to take risks?

22 A. I don't remember saying it, but it sounds like

23 something I might say.

24 Q. Did you -- do you recall assuring them that

25 although you wanted all of the employees to take risks, you

Wyoming Reporting Service, Inc. 1.800.444.2826 1083

1 never wanted to break the law?

2 A. SoundslikewhatIwouldsay.

3 Q. Do you recall saying that Sheryl takes a lot of

4 risks and that's why you trust her so much?

5 A. I don't recall saying it, but if you say I did,

6 I'm assuming I did. Sounds like something I might say.

7 Mr. Salzburg, I think people taking risks is a

8 good thing, not risks to harm one another, not risks to

9 harm themselves, but in order to grow, everybody should

10 risk learning more and exploring more.

11 Q. In your view, who was responsible for ensuring

12 that members of your leadership team followed the law?

13 A. I am.

14 Q. Okay. I want to go back just for a minute and

15 revisit the at-will issue and the attorney general's

16 opinion. You recall in July of 2011 you requested an

17 opinion from Attorney General Phillips regarding your

18 authority to change classified permanent positions to

19 at-will positions, correct?

20 A. Uh-hum. Yes.

21 Q. Yes. And the attorney general issued formal

22 opinion -- a formal opinion on August 25th of 2011 that

23 said in order to do that you had to get authority from the

24 Department of Administration and Information first; isn't

25 that right?

Wyoming Reporting Service, Inc. 1.800.444.2826 1084

1 A. I don't recall.

2 Q. Do you agree that the opinion that was issued was

3 a formal opinion?

4 A. I do.

5 Q. And do you understand that a formal opinion is

6 one that is published to the world?

7 A. I do.

8 Q. After that opinion was issued, did you continue

9 to hire people into classified permanent positions and

10 require that they execute agreements accepting at-will

11 employment?

12 A. No.

13 Q. Did Mr. Masters ever provide to you a copy of

14 Angela Benner's March 5, 2012 report?

15 A. I do not recall seeing that report.

16 Q. Do you recall whether or not Mr. Masters ever

17 shared the findings of that report with you?

18 A. I don't know what the findings were as I'm

19 sitting here, so I can't recall -- I can't answer that

20 without hearing the findings because I do not remember what

21 they are and what those might be. So I -- I'd have to hear

22 them to think if I -- then I could respond whether or not I

23 had heard them before.

24 Q. Did you hear Angela Benner's testimony today?

25 A. I was drafting questions, so I heard part of her

Wyoming Reporting Service, Inc. 1.800.444.2826 1085

1 testimony. I didn't hear all of her testimony. There's

2 things that I could have missed in her testimony as I was

3 drafting questions. As you preprepared the questions, I

4 was drafting questions for her and other witnesses. So,

5 no, I did not hear anyone's full testimony.

6 Q. Did you hear her testimony regarding the findings

7 that she made and published in her report to John Masters?

8 A. You'd have to remind me.

9 Q. Well --

10 A. I'm sorry, I don't remember that.

11 Q. -- you did or didn't.

12 A. I don't remember them.

13 Q. When you came into office, did you take the time

14 to become familiar with the Wyoming Personnel Rules?

15 A. Yes.

16 Q. Chapter 1, Section 4(a) says the following:

17 "Agency heads are responsible for applying these rules

18 within their agency and shall ensure that all employees

19 comply with the provisions. Agency heads are responsible

20 for the action of the agency management employees to whom

21 they have delegated in writing authority to act in their

22 behalf in any or all aspects of personnel administration."

23 Are you familiar with that provision?

24 A. I wasn't before. I am now.

25 Q. And you were the agency head, were you not, when

Wyoming Reporting Service, Inc. 1.800.444.2826 1086

1 you were the head of the Department of Education?

2 A. Mr. Salzburg, I am the Superintendent of Public

3 Instruction, and yes, I am familiar with my position, yes.

4 Q. You were the agency head of the Department --

5 A. Yes.

6 Q. -- at that time?

7 So would you agree that with regard to a

8 personnel or compliance with the State's personnel rules,

9 the buck stops with you?

10 A. Yes.

11 Q. Can you tell me what your definition is of

12 witness tampering?

13 A. Mr. Salzburg, when I asked you if I could

14 participate or at least if you would videotape or audiotape

15 your work with the witnesses, I worried about potential

16 witness tampering where you might coach them or share with

17 them the questions that you would be asking of them. Those

18 are my concerns.

19 Q. Can you define witness tampering for me, please?

20 A. Not the legal term. I'm not a lawyer.

21 Q. Did you tell me yesterday that you have a concern

22 about witness tampering?

23 A. I have concern about the potential for witness

24 tamping, Mr. Salzburg, yes.

25 Q. Did you review the state statutes to see if what

Wyoming Reporting Service, Inc. 1.800.444.2826 1087

1 you call witness tamping is a felony violation of the

2 criminal laws of this state?

3 A. No, Mr. Salzburg. I'm not an attorney.

4 Q. I didn't ask you if you were an attorney. I

5 asked you if you reviewed the statutes to determine whether

6 or not your accusation of witness tampering was an

7 accusation of a felony violation of the state laws of

8 Wyoming?

9 A. Mr. Salzburg, I am -- as I sit here today before

10 the committee, I am concerned about the potential for

11 witness tampering with this investigatory -- or

12 investigative committee, not the committee, but with what

13 you are doing, Mr. Salzburg, specifically.

14 Q. Okay. So your witness tampering comment was

15 directed at me?

16 A. With the special counsel.

17 Q. And I'm the special counsel.

18 A. Then that must be you.

19 Q. Okay. Is that what you intended?

20 A. The potential for witness tampering is what I am

21 speaking to, and I -- as I sit before you, I am still

22 concerned about the potential for witness tampering,

23 Mr. Salzburg.

24 Q. Have you heard the testimony of these witnesses

25 under oath that nobody coached them with respect to what to

Wyoming Reporting Service, Inc. 1.800.444.2826 1088

1 say?

2 A. Mr. Salzburg, I have had many hours of testimony.

3 I think it was -- we were in this room from 8:00 to 8:00

4 approximately on Monday. I think it was 8:00 a.m. until

5 9:00 something last night, and I will say to you that I

6 heard many comments during testimony that I am concerned

7 about regarding potential for witness tampering, yes,

8 Mr. Salzburg.

9 Q. Did you hear me ask the question that you asked

10 us to ask to every witness about their testimony being

11 under oath and the penalty for perjury?

12 A. Mr. Salzburg, I also heard you say that you

13 received a text today from Dianne Bailey that the Laramie

14 office had been not paid for by federal funds, it had been

15 paid with state funds, and that she was going to correct in

16 affidavit her testimony from yesterday. As I sat in this

17 room with you yesterday, I knew that she was not being

18 honest or forthright, whatever the word is. I'm not a

19 lawyer, so I don't know how to tell you that what she said

20 was not truthful, and I had no opportunity to speak to it.

21 And fortunately, Dianne Bailey texted you today

22 and gave you the accurate information. Now, I will tell

23 you there are other instances that perhaps you will receive

24 a text about. I don't know. But I do have concerns about

25 what's taken place, and I will follow up with those

Wyoming Reporting Service, Inc. 1.800.444.2826 1089

1 concerns when I have all of that information before me, I

2 have time to review the hours and hours of testimony in the

3 last 48 hours and be able then to show the evidence that's

4 available, Mr. Salzbee -- Mr. Salzburg, that you have

5 chosen not to share with this committee.

6 That is what I'm concerned about. You have

7 chosen not to share all facts with this committee, and I

8 don't know why, but I do worry about the potential for

9 witness tampering and the one-sidedness of only the

10 witnesses who have come before you. With the exception of

11 Sheryl Lain, the other 14 are one-sided.

12 And there are people out there who can give you

13 accurate information. You didn't have to share with me

14 Randy Tucker -- Randy Tucker's articles. You could have

15 had him sitting before you and asked him those questions

16 yourself and had him under oath.

17 I have a whole group of staff over at the OSPI

18 who would be happy to give much accurate, credible

19 information, documented information like what I shared with

20 you here to shed light on what really happened. It's about

21 the truth, and I do not believe that you have heard all

22 facts, and I -- I am concerned about that, Mr. Salzburg.

23 Q. Here is what I'm asking you.

24 A. Yes.

25 Q. Do you have any evidence that I asked or that

Wyoming Reporting Service, Inc. 1.800.444.2826 1090

1 Mr. Jarosh asked or that Mr. Lenhart asked a witness to

2 falsely testify before this committee?

3 A. Mr. Salzburg, right now I don't have all of my

4 notes. I don't have all of the transcript. I will answer

5 that question when I have that information before me. Just

6 as I would hope that you would use all of the information

7 that was before you and done a thoughtful and thorough

8 review before you answered or worked with this committee, I

9 deserve that opportunity, too, to make certain that I have

10 that evidence before me so that I can share it with you

11 specifically.

12 Q. I promised you at the beginning of your

13 testimony, Superintendent, that I would give you the

14 opportunity to address anything that has been stated. I

15 know that it's late in the day, but I'm going to keep the

16 promise.

17 You've been here during the testimony of a number

18 of witnesses over the last two and a half days, more than

19 two and a half days. So let me ask you generally whether

20 there is anything that you heard from a witness that in

21 particular you disagree with?

22 A. Mr. Salzburg, right now I'm exhausted. And I

23 cannot answer your question at this moment. I need to

24 review all the material and then be able to speak to it

25 clearly and give you your answer.

Wyoming Reporting Service, Inc. 1.800.444.2826 1091

1 MR. SALZBURG: Okay.

2 SPEAKER LUBNAU: Is that your examination?

3 MR. SALZBURG: It is, Mr. Speaker, thank

4 you.

5 SPEAKER LUBNAU: Questions from the

6 committee.

7 REPRESENTATIVE STUBSON: Mr. Chairman.

8 SPEAKER LUBNAU: Representative Stubson.

9 EXAMINATIONBYTHECOMMITTEE

10 Q. (BY REPRESENTATIVE STUBSON) Mr. Chairman,

11 Superintendent, do you still have the e-mail that you

12 handed out there in front of you?

13 A. I do.

14 Q. And, first of all, actually if you would turn in

15 the notebook in front of you to Exhibit 8 under the Carroll

16 exhibits I believe you talked about previously. Do you

17 have that?

18 A. I do.

19 Q. Mr. Chairman. Superintendent, that title across

20 that says it's a 900 series report, correct?

21 A. It is.

22 Q. And you, from your work with budget, you're

23 familiar with the 900 series, correct?

24 A. I am.

25 Q. And that's the number that the budget system uses

Wyoming Reporting Service, Inc. 1.800.444.2826 1092

1 for outside contracts, correct?

2 A. Yes.

3 Q. Looking at the highlighted e-mail that you gave

4 us from Mr. Masters on December 27th, do you have that in

5 front of you?

6 A. I do.

7 Q. And he in that paragraph refers to the T2T

8 initiative, he refers to paragraph number 5. Do you see

9 that? It says also on paragraph 5 reference is made to T2T

10 initiative. Do you see that?

11 A. Yes.

12 Q. If you'll flip to the front e-mail on the front

13 page and you look at -- do you see the paragraphs are

14 numbered there?

15 A. Uh-hum.

16 Q. And make sure you say yes.

17 A. Yes. Sorry.

18 Q. And go to paragraph 5, please.

19 A. Yes.

20 Q. And at paragraph 5, it talks about a description,

21 and under A, it talks about personnel engaged in the above

22 work by position number and source of 100 series funding.

23 Do you see that?

24 A. I do not.

25 Q. It's paragraph 5, subparagraph A, do you see

Wyoming Reporting Service, Inc. 1.800.444.2826 1093

1 that?

2 A. I'm sorry, I'm looking on page 1, number 5.

3 Q. Yes.

4 A. Okay.

5 Q. And there's subparagraph A.

6 A. Oh,okay.

7 Q. And do you see that paragraph refers to the 100

8 series?

9 A. Yes.

10 Q. Now, look at paragraph 1 on that same page. Do

11 you see that?

12 A. Canyouwaitforonemoment?

13 Q. Yep.

14 A. I'mlookingatnumber1.

15 Q. And that refers to the 900 series, correct?

16 A. Yes.

17 Q. And so if we go back, flip back to Mr. Masters'

18 paragraph, we know when he refers to paragraph 5, he's not

19 even talking about the 900 series report, correct?

20 A. You're asking me to walk through a series of

21 e-mails that were exchanged and written by a group of

22 people where I was not involved.

23 Q. Well, Superintendent, isn't this the e-mails you

24 just gave us, the e-mails you're relying upon?

25 A. Mr. Stubson, Representative Stubson, I am. And

Wyoming Reporting Service, Inc. 1.800.444.2826 1094

1 if you would like to go through this in clear detail, I

2 want that. I want you to have full information. But I

3 think it makes sense that you have the people who are

4 involved in this before you and the committee instead of me

5 speculating as to who wrote what and why, and I'm telling

6 you that this gives you a clear understanding that this

7 question was not about what did someone write --

8 Q. Let me stop you there and ask you a question that

9 I know you know --

10 A. Scrubbing.

11 Q. -- something about. You -- when this report was

12 submitted in December of last -- actually two years ago,

13 December of 2012.

14 A. Uh-hum.

15 Q. You had met with the JAC at that time, correct?

16 A. I don't recall how -- I don't recall all the --

17 the chronological order of all these things, no.

18 Q. In December of 2012 you certainly remember, don't

19 you, that JAC had expressed concerns about T2T and SpLit to

20 you?

21 A. I don't recall exactly when that was expressed,

22 no, I don't, but I know that you've expressed it, but I

23 don't recall exactly where and when.

24 Q. But you do know JAC had expressed and repeatedly

25 expressed to you concerns about SpLit and T2T, correct?

Wyoming Reporting Service, Inc. 1.800.444.2826 1095

1 A. I know that there's a -- it was a budget footnote

2 in a bill that was of concern, but I do not know that

3 again -- and again, at JAC that was not my recollection.

4 Q. And the budget footnote you're referring to was

5 actually back in 2011 or it was in the 2012 budget,

6 correct, so early in 2012?

7 A. Not -- actually, I was thinking about 2013 is

8 when it was specifically stated. In 2012 I recall that

9 monies were moved from one budget to another, but it was

10 not clearly understood that that was -- it was a budget

11 footnote, and it wasn't lengthy and specific in its nature.

12 Q. But you understood from the budget footnote that

13 T2T and SpLit were a concern and a basis for that footnote,

14 correct?

15 A. I understood that monies needed to be moved from

16 one budget to another is what I understood. I went by the

17 law. We did exactly that, Mr. Stubson, Representative

18 Stubson.

19 Q. And just so, Mr. Chairman, so I'm sure that I

20 understand, your testimony here under oath today is that

21 you did not participate in a meeting where Mr. Carroll and

22 Mr. Hansen were directed to scrub the reports to the JAC.

23 A. I remember meeting many times and perhaps in a

24 meeting with them, absolutely, I could imagine that. What

25 I don't remember ever happening is asking someone to scrub.

Wyoming Reporting Service, Inc. 1.800.444.2826 1096

1 In fact, those words came from Representative Lubnau about

2 scrubbing or a report being scrubbed. Those comments have

3 been made in the last 24 hours in testimony.

4 Mr. Hansen and Mr. Carroll both when asked by

5 this committee if they knew the intent of the work that we

6 were doing in the meetings or meeting, they did not know

7 the intent is what they testified here, and that's why I

8 have this e-mail before you so that you would have an

9 understanding that it was all about accuracy and clarity

10 and that that will always be the case.

11 If you would just, I would say, ask a few more

12 witnesses to come forward and gather all the facts, you,

13 too, will have a better understanding as to what was taking

14 place. No one was scrubbing or scrubbed information.

15 In fact, you don't make this amount of e-mails or

16 this kind of information and communication to the LSO and

17 all involved and not have a clear understanding that it's

18 about accuracy.

19 Q. And, Superintendent, maybe it was my phraseology

20 that was throwing you off. I guess to rephrase, are you

21 testifying that you did not participate in the meeting with

22 Mr. Carroll and Mr. Hansen where they were directed to

23 remove reference of T2T and SpLit from the submissions to

24 the JAC?

25 A. Mr. Stubson, Representative Stubson, there was a

Wyoming Reporting Service, Inc. 1.800.444.2826 1097

1 lot of confusion and I wanted accuracy and I always do, and

2 that's what you do with reports. You work with them and

3 continue to correct them and make them, you know, the

4 corrections as needed. We had secretaries entering

5 information regarding the contract may come in or that they

6 may have typed in T2T when it really was professional

7 development. And if you looked at that contract, you would

8 see it was professional development and a secretary typed

9 in T2T, and so that would be confusing.

10 So the narratives speak to professional -- the

11 requirement of professional development, and I wanted

12 accuracy and clarity, and I think that that's what this

13 speaks to. And I think that anyone who was in a room with

14 me would always know that's what I would be seeking.

15 Q. And, Superintendent, my question, though, was is

16 it your testimony that you did not participate in a meeting

17 with Mr. Carroll and Mr. Hansen in which they were directed

18 to remove reference of T2T and SpLit from submissions to

19 JAC?

20 A. I was -- I'm sure I would have been in the

21 meeting. I'm assuming I would be in the meeting, yes. The

22 second part was that they would be -- what was the second

23 part of your question?

24 Q. It's really just one question.

25 A. No, it has three parts.

Wyoming Reporting Service, Inc. 1.800.444.2826 1098

1 Q. Is it your testimony that you did not participate

2 in a meeting with Mr. Carroll and Mr. Hansen --

3 A. I did.

4 Q. -- in which they were directed to remove

5 reference of T2T and SpLit from submissions to the JAC?

6 A. They were directed to continue to provide an

7 accurate report, and I don't remember if it was -- they

8 were directed to, you know, take out T2T and SpLit or

9 whatever words, you know, you're choosing or they testified

10 to. I know that anytime we would have asked and, again,

11 not into the details, but we would have wanted the most

12 accurate report for you all.

13 And that report would have been aligned with the

14 narratives and the actual work, the contract, and if we

15 have secretaries who are putting in acronyms that may be

16 professional development but they are acronyms of

17 professional development, that is very confusing to people.

18 Q. So I guess -- and I still haven't gotten an

19 answer to my question, which is I'm assuming, then, from

20 your answers that you did, in fact, participate in a

21 meeting with Mr. Carroll and Mr. Hansen in which they were

22 directed to remove reference of SpLit and T2T from

23 submissions to the JAC?

24 A. I would say that there may have been references

25 to T2T that were removed, yes, if they were not accurate.

Wyoming Reporting Service, Inc. 1.800.444.2826 1099

1 Q. And you participated in those meetings where they

2 were directed to do that?

3 A. If they were not accurate, yes.

4 REPRESENTATIVE STUBSON: I think that's all

5 the questions.

6 SPEAKER LUBNAU: Representative Zwonitzer.

7 REPRESENTATIVE ZWONITZER: Mr. Chairman.

8 Superintendent.

9 Q. (BY REPRESENTATIVE ZWONITZER) I just had a

10 question back to the Angela Benner interview because I was

11 confused with your testimony. So what your testimony was,

12 and I want to make sure we're on the same page, you called

13 Director Corsi because you wanted to have an external

14 review and testimony from employees of your agency

15 regarding events that happened, correct?

16 A. Will you forgive me for a moment?

17 Mr. Speaker, can I make a clarification for a

18 moment?

19 SPEAKER LUBNAU: Sure.

20 THE WITNESS: And I think it might help

21 you.

22 SPEAKER LUBNAU: We want accuracy.

23 THE WITNESS: Representative Stubson, I

24 wanted to make certain that professional development

25 dollars that -- always -- and reflect exactly what was

Wyoming Reporting Service, Inc. 1.800.444.2826 1100

1 happening, that professional development dollars were being

2 used for professional development. It's that simple. And

3 if there was confusion going on, I wanted to make certain

4 that the accuracy was there so that that was clear. I just

5 wanted to clarify to you because I know it seems a little

6 bit confusing.

7 Now, I will go on to your question,

8 Mr. Zwonitzer.

9 Q. (BY REPRESENTATIVE ZWONITZER) So, Superintendent

10 Hill, you did call Director Corsi and ask for him to direct

11 human resources professionals to come in and review members

12 of your agency?

13 A. I asked Mr. Corsi for assistance, yes.

14 Q. And you were aware there were about 30 of these

15 employees who talked to Mrs. Benner about personnel matters

16 in your agency?

17 A. Which investigation are you speaking to?

18 Q. The second time, Mr. Chairman, Angela came down.

19 A. The first time was on hiring practices and I

20 asked her to analyze if we had any issues with the hiring

21 practices, and the second time I asked for outside

22 assistance was to, yes, to come in and speak with -- listen

23 to the employees, asking them what their perceptions were.

24 Q. Thank you, Mr. Chairman. And then I thought your

25 testimony was you never found out what the results were

Wyoming Reporting Service, Inc. 1.800.444.2826 1101

1 from Miss Benner's investigations. Is that true or is that

2 what you testified that you never asked for a copy of the

3 results or information that your employees provided?

4 A. I did not -- I do not remember receiving a copy

5 of the results of Miss Benner.

6 Q. Do you remember, Mr. Chairman, asking Mr. Masters

7 and Mr. Shumway generally what information the employees

8 provided?

9 A. I would imagine that Mr. Shumway and I would have

10 had that conversation.

11 Q. Okay. So you were aware, then, of at least some

12 of the reactions from your employees from what they told

13 Miss Benner even generally at the interviews what the

14 results of most of the interviews were?

15 A. Mr. Zwonitzer, a lot was happening right then and

16 a lot has happened since then, and so it is not completely

17 clear as to what conversation I had regarding that at what

18 time and what the specifics are. I don't remember seeing

19 the results of her report. I do know that when the

20 MacPherson report came out that I have reviewed her

21 information, and that's when I actually saw her statement

22 and e-mails related to that. But I don't remember seeing

23 anything like that prior. I didn't see her information

24 prior to that that I recall.

25 Q. And one other question, Mr. Chairman. A separate

Wyoming Reporting Service, Inc. 1.800.444.2826 1102

1 matter earlier, Superintendent, we were talking about

2 Fremont, and you described that your role as superintendent

3 is policy and it's always about policy. Do you see the

4 role of a superintendent of public instruction as a

5 policy-setting position?

6 A. Primarily.

7 REPRESENTATIVE ZWONITZER: Okay. Thank

8 you.

9 Q. (BY SPEAKER LUBNAU) I have a couple questions,

10 Superintendent Hill, just so that I understand. When you

11 make a payment, your secretaries code it into the WOLFS

12 system. Is that how it works?

13 A. It does and then it goes into BMS.

14 Q. And WOLFS is the state accounting system and

15 WOLFS is an abbreviation for that. And so your people are

16 the ones over at the Department of Education who enter the

17 data into the WOLFS system; is that correct?

18 A. Yes.

19 Q. And there's a little data entry line on the

20 screen that asks what the payment is for; is that correct?

21 A. I don't recall what's on the screen, but I'm

22 assuming that's probably true.

23 Q. And your people entered the data on the first

24 Carroll report that said T2T and SpLit and 3+8; is that

25 correct?

Wyoming Reporting Service, Inc. 1.800.444.2826 1103

1 A. Would you ask -- would you repeat your question?

2 Q. Your people entered the data into the WOLFS

3 system --

4 A. Okay.

5 Q. -- that said T2T and SpLit and 3+8; is that

6 correct?

7 A. Mr. Lubnau, so -- I will clarify. So, yes, a

8 secretary would be there. They may receive a contract, and

9 it may have professional development, and they go, oh,

10 that's T2T, not knowing that it's professional development.

11 T2T is a delivery program. A secretary may not know and

12 obviously struggled with that. So we had some confusion.

13 Q. And in 2011 do you know how those amounts were

14 coded?

15 A. We knew that we had some issues with entry, and I

16 don't know exactly the details of all the specifics.

17 Q. And you thought professional development was less

18 confusing than the T2T and SpLit. Is that what you just

19 testified to?

20 A. Mr. Lubnau, Speaker Lubnau, professional

21 development -- 3+8 is, you know, part of professional

22 development, so is SpLit, so is Gear Up or, excuse me, ACT,

23 there are a number of different professional developments.

24 And when you have a contractor who is being entered into

25 the -- and their costs are being entered into the WOLFS, it

Wyoming Reporting Service, Inc. 1.800.444.2826 1104

1 should be coded as professional development versus getting

2 into acronyms that we share about those particular

3 professional developments.

4 For instance -- well, I think that's enough.

5 SPEAKER LUBNAU: Could you read my last

6 question. I don't know if the question I asked and the

7 question you answered are the same thing, but maybe it's a

8 communication thing on my part.

9 THE WITNESS: I'm sure it's mine,

10 Mr. Speaker. I'm pretty tired.

11 (The question was read back.)

12 A. I wanted to be accurate. If someone's contract

13 is being entered by a secretary and it's professional

14 development and it may not be 3+8 or it may not be T2T, or

15 it may be T2T being a delivery system, the secretaries

16 didn't know. Professional development is what we're doing.

17 They didn't have enough information to know what

18 specifically it is or is not, and so there were errors

19 being made, and we needed clarity. We needed to make

20 certain that professional development, if that's what it

21 was -- and I don't know. I'd have to look at a contract to

22 give you an example. If a contract comes in and it says

23 Tori Lesher is going to be doing X, Y and Z professional

24 development, and so professional development for Tori

25 Lesher did not mention T2T or 3+8 or whatever you wanted,

Wyoming Reporting Service, Inc. 1.800.444.2826 1105

1 ACT, and said professional development, instead of the

2 secretary interpreting that, oh, it must be T2T he should

3 be writing or she should be writing professional

4 development. We had that going on. We had some issues

5 with entry and so we wanted clarity.

6 Q. (BY SPEAKER LUBNAU) And so professional

7 development is a less confusing term?

8 A. No. I wanted accuracy.

9 Q. A more accurate term?

10 A. Well, I don't know. You'd have to look and see.

11 If the contract said ACT training and that's what it was,

12 it wasn't professional ACT goods or ACT, whatever it was,

13 then you would want that accurately to be in there, but you

14 would have to read the contract. The secretary would be

15 making the decision.

16 Q. So when --

17 A. It's not about 2 -- excuse me.

18 Q. When the terms SpLit and T2T and 3+8 were removed

19 and professional development was inserted into those

20 reports, that was for the purpose of accuracy; is that

21 right?

22 A. And because I wasn't actually making those

23 changes and I can't remember specifically, yes, I will tell

24 you that accuracy was what we were doing. It had nothing

25 more than in making certain that report was as clear so

Wyoming Reporting Service, Inc. 1.800.444.2826 1106

1 that you all would better understand what we were doing.

2 Q. And it was the legislature that you didn't want

3 to confuse; is that correct?

4 A. Or anyone.

5 Q. Okay.

6 A. Or anyone.

7 Q. Now, there was a budget footnote that

8 Representative Stubson referred to -- I'll read it and you

9 tell me if you think that this is accurate. It's, "Any

10 unexpended, unencumbered, unobligated amounts within WDE

11 general fund and federal fund programs which have been

12 designated by the agency for teacher-to-teacher programs,

13 including any amounts appropriated for these purposes in

14 this act shall be transferred to the education, testing and

15 assessment account created under this footnote." Is that

16 an accurate reading of the budget footnote?

17 A. I don't have it in front of me, but I'm assuming

18 it is. So the answer -- so to answer further? Would you

19 like me to go beyond?

20 Q. I'm just about to ask another question.

21 A. Okay.

22 Q. So it is your testimony here today that the

23 purpose for removing teacher to -- T2T and 3+8 and SpLit

24 from the report was not to hide those expenditures from the

25 legislature because of this budget footnote, but instead to

Wyoming Reporting Service, Inc. 1.800.444.2826 1107

1 be more accurate?

2 A. Yes.

3 SPEAKERLUBNAU: Anyotherquestions?

4 THEWITNESS: Mr.Lubnau,canIjust

5 clarify?

6 SPEAKERLUBNAU: Certainly.

7 SUPERINTENDENTHILL: Let'scallitaday.

8 I'm exhausted.

9 SPEAKERLUBNAU: Anyobjectionsto

10 releasing Superintendent Hill from her subpoena?

11 REPRESENTATIVEGREEAR: She'sreleased.

12 SPEAKERLUBNAU: You'realreadyreleased,

13 I'm sorry. You're not under subpoena.

14 SUPERINTENDENTHILL: Wouldyoulikemeto

15 stay longer, Mr. Speaker?

16 SPEAKERLUBNAU: No.

17 SUPERINTENDENTHILL: Thankyou.

18 SPEAKERLUBNAU: Thankyou,Superintendent

19 Hill.

20 Are there any further witnesses, Counsel?

21 MR.SALZBURG: Therearenot,Mr.Speaker.

22 SPEAKERLUBNAU: Okay. Committee,we're

23 now to that part about what's your pleasure?

24 REPRESENTATIVESTUBSON: Mr.Chairman.

25 SPEAKERLUBNAU: RepresentativeStubson.

Wyoming Reporting Service, Inc. 1.800.444.2826 1108

1 REPRESENTATIVE STUBSON: As I recall, the

2 rules talk about the superintendent and actually any

3 interested parties opportunities to submit a list of

4 witnesses along with their expected testimony to the

5 committee to be considered on whether we'll hear those or

6 not, and given that fact, I thought that it might make

7 sense, and I guess I'll state it in the form of a motion,

8 to go ahead and allow the superintendent's office until 5

9 p.m. on Friday to submit that list. I think the rules

10 actually talk about upon completion of testimony, but it

11 would make sense to give some time to do that. So until

12 Friday at 5 p.m. to submit that list and that we would be

13 allowed to adjourn so that we could really chew over the

14 transcript of these hearings, what we've heard over the

15 last three days, have an opportunity to really consider

16 what other witnesses are proposed before we decide what the

17 next steps of this committee are.

18 REPRESENTATIVE BLIKRE: Second.

19 SPEAKER LUBNAU: It's been moved and

20 seconded. Any discussion? Representative Baker.

21 REPRESENTATIVE BAKER: Thank you. I would

22 like to offer an amendment to that motion. I would like to

23 see that list by your timeline, but I'd like to see us do

24 an e-mail ballot, and maybe we can set a time frame for

25 that.

Wyoming Reporting Service, Inc. 1.800.444.2826 1109

1 SPEAKER LUBNAU: I think, Representative

2 Baker, the way our rules currently read, the chairman has

3 the ability to decide on witnesses, and then the committee

4 can overrule that. I will do that as fast as I can. As

5 you know, I wanted to have this done by the end of

6 September, and I vastly overestimated our ability to do

7 that.

8 SUPERINTENDENT HILL: Mr. Chairman, point

9 of interest, you asked for a list at the end of testimony

10 and I have one.

11 SPEAKER LUBNAU: Okay.

12 SUPERINTENDENT HILL: And I thank my staff

13 for their diligence here.

14 REPRESENTATIVE STUBSON: Mr. Chairman, I

15 would still leave the motion as it is. Do you want to

16 have -- think about some additional ones?

17 SPEAKER LUBNAU: There's been an amendment.

18 Is that a motion to amend?

19 REPRESENTATIVE BAKER: Yes, Mr. Chairman,

20 but I'll withdraw it. I would just like to see an e-mail

21 ballot or I guess we're going to get a copy of the whole

22 list, but...

23 SPEAKER LUBNAU: We'll see what we can do

24 most efficiently. I think if there's some discussion

25 involved or important to going forward that perhaps a

Wyoming Reporting Service, Inc. 1.800.444.2826 1110

1 conference call might be appropriate, but if we can do it

2 by e-mail ballot, certainly I think that that's an option.

3 And if you'll give me the prerogative, if the motion

4 passes, to make that determination after reviewing this

5 list, I would like that prerogative, but it's up to you.

6 REPRESENTATIVE BAKER: Absolutely.

7 Mr. Chairman, I think you've done a fine job so far.

8 SPEAKER LUBNAU: All right. Any further

9 discussion on the motion?

10 You've all heard the motion. All in favor of the

11 motion say aye.

12 (All representatives present

13 indicated "aye.")

14 SPEAKER LUBNAU: Opposed? The motion

15 carries unanimously. Is there any further business to come

16 before the committee today?

17 REPRESENTATIVE PATTON: Mr. Chairman.

18 SPEAKER LUBNAU: Representative Patton.

19 REPRESENTATIVE PATTON: Is it appropriate

20 that we take these home with us, then?

21 SPEAKER LUBNAU: Yeah. Yeah, certainly.

22 Any --

23 REPRESENTATIVE BAKER: Mr. Chairman.

24 SPEAKER LUBNAU: Representative Baker.

25 REPRESENTATIVE BAKER: I don't believe we

Wyoming Reporting Service, Inc. 1.800.444.2826 1111

1 filled out our vouchers either. Sorry, Mr. Chairman.

2 SPEAKER LUBNAU: All right. I'll have LSO

3 bring you the vouchers. That would be the other order of

4 thing of business. We'll do that shortly after we adjourn.

5 Anything else to come before the committee?

6 We are adjourned.

7 (Hearing proceedings concluded

8 4:53 p.m., January 8, 2014.)

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Wyoming Reporting Service, Inc. 1.800.444.2826 1112

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5 shorthand the foregoing proceedings contained herein,

6 constituting a full, true and correct transcript.

7 Datedthis14thdayofJanuary,2014.

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