ESCAMBIA COUNTY SHERIFF's OFFICE David Morgan, Sheriff

OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MAILING ADDRESS LOCATION P. O. Box 18770 1700 W. Leonard St. Pensacola, Florida 32523 Pensacola, Florida 32501 (850) 436-9630 www.escambiaso.com

ESCAMBIA COUNTY SHERIFF’S OFFICE David Morgan, Sheriff

MEMORANDUM TO: Chief Eric Haines FROM: 1st Lieutenant Frank Forte DATE: October 24, 2019 REF: I2019-015

On June 18, 2019, Sheriff Morgan ordered an Internal Investigation into allegations of misconduct; 213.3 #15 Derogatory Remarks, 213.3 #16 Harassment, 213.3 #17 Sexual Harassment, 213.2 #23 Failure to Follow General Orders, Directives, and Sheriff’s Orders (re: General Order 215.3 Law Enforcement Canon of Ethics #1), 213.2 #31 Negligence – Not Endangering, and 213.3 #68 Unbecoming Conduct.

This letter is to inform you that the investigation conducted by Colonel Mindy Von Ansbach Young has been concluded with the following findings:

UNFOUNDED

The term unfounded is defined in General Order 225 as meaning: The allegation was demonstrably false or there is no credible evidence to support the complaint.

Due to the findings in this case, no disciplinary action was taken against you.

If you have any questions or if I can be of assistance please feel free to call me at 850-436-9430.

FMF/lfc

FLORIDA

ACCREDITED

OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Lisa Caballero

From: Lisa Caballero Sent: Thursday, October 24, 2019 2:42 PM To: Eric Haines Subject: I2019-015 Attachments: Disposition Letter to Chief Eric Haines.pdf

Chief Haines,

Attached is the disposition letter regarding the above‐referenced case. Please acknowledge receipt of the document. Thank you.

Lisa Caballero Internal Affairs Unit

Escambia County Sheriff's Office 1700 W Leonard Street Pensacola FL 32501 (850) 436-9443 Office (850) 436-9996 Fax [email protected]

This email is subject to release pursuant to Florida’s Public Records Laws. This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this e‐mail from your system. Email transmission cannot be guaranteed to be secure or error‐free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message, which arise as a result of email transmission. If verification is required please request a hard copy version from the Escambia County Sheriff’s Office, 1700 W Leonard St., Pensacola, FL 32501. ECSO home page: http://escambiaso.com/.

1 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MAILING ADDRESS LOCATION P. O. Box 18770 1700 W. Leonard St. Pensacola, Florida 32523 Pensacola, Florida 32501 (850) 436-9630 www.escambiaso.com

ESCAMBIA COUNTY SHERIFF’S OFFICE David Morgan, Sheriff

MEMORANDUM TO: Master Deputy Tama Barber FROM: 1st Lieutenant Frank Forte DATE: October 24, 2019 REF: I2019-015

This letter is to inform you that the investigation conducted by Colonel Mindy Von Ansbach Young has been concluded with the following findings:

UNFOUNDED

The term unfounded is defined in General Order 225 as meaning: The allegation was demonstrably false or there is no credible evidence to support the complaint.

If you have any questions or if I can be of assistance please feel free to call me at 850-436-9430.

FMF/lfc

FLORIDA

ACCREDITED

OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Lisa Caballero

From: Lisa Caballero Sent: Thursday, October 24, 2019 2:46 PM To: Tama Barber Subject: I2019-015 Attachments: Disposition Letter to MD Tama Barber I2019-015.pdf

Deputy Barber,

Attached is the disposition letter regarding the above‐referenced case. Please acknowledge receipt of the document. Thank you.

Lisa Caballero Internal Affairs Unit

Escambia County Sheriff's Office 1700 W Leonard Street Pensacola FL 32501 (850) 436-9443 Office (850) 436-9996 Fax [email protected]

1 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MAILING ADDRESS LOCATION P. 0 . Box 18770 1700 W . Leonard St. Pensacola, Florida 32523 Pensacola, Florida 32501 (850) 436-9630 www.escambiaso.com

ESCAMBIA COUNTY SHERIFF'S OFFICE Date and Initial David Morgan, Sheriff

ECSO SUMMARY SHEET

Approval/ Date Action . Date of Division Signature and Rank Disapproval/ Received Required Dispatch Remarks

Administration

)fl Legal

Human Resour Approve

Sheriff Approve

Originating Officer/Employee Division/ Phone Number Suspense Date & Rank/Title Symbol Colonel Mindy Von Ansbach Young ADM 436-9349

Subject . Typist Initials Date of Dispatch '..; ,.., .. ' 12019-Chief Eric Haines TRF 10/23/2019

Summary: Completed investigation staff review.

No amendments or changes from Legal. No action recommended from HR Manager. See HR Manager Memo ~ +u 'Ywb 1\CJ ~s ; /.J tJWtL- Ap

ACCREDI TED ES0-187 (08/20 I 9) OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

FINDINGS

RE: Allegations against Chief Deputy Eric Haines

The recommendation of the Internal Affairs Unit in this complaint should be classified as:

1. General Order 213.3 Conduct - Standards of, 213.3, Improper Conduct Offenses #15 Derogatory Remarks: Members will not make derogatory remarks concerning race, sex, religion, age, sexual orientation, or national origin of any person (see G.O. 509 - Citizen Encounters - Enforcement/Biased Based Profiling). UNFOUNDED

Barber alleged Chief Haines made a joke approximately four years ago about her "dating younger" men. This statement was not on recording, nor did any of the witnesses corroborate hearing this comment. No complaints about the comment were made by Barber or the witnesses in the room to the Administration Commander, Human Resources, or the Sheriff in the past four years. Barber is familiar with the complaint procedure and has filed a complaint during the course of her career. The interviewed parties have never heard Chief Haines make any derogatory remarks to, about or in reference Barber at any time conversations have been engaged, whether privately, in negotiations, or office discussions. Chief Haines, allegedly, stated Barber was "too nice and cared too much." Barber described her issue with these comments by stating "and I'm like, uh you've got the wrong person. I'm the one, you ask them, I have no heart, you know? So he's got me all wrong." This comment is not gender related nor was it stated in a harassing or derogatory context.

2. General Order 213.3 Conduct - Standards of, 213.3, Improper Conduct Offenses #16 Harassment: Members will not harass, threaten, or coerce any person (see G.O. 447 - Workplace - Harassment and Violence) UNFOUNDED

The "project" provided to Barber by Chief Haines was assigned as a tool to teach and educate. This is a common practice, as others, including male and female Lieutenants, have been given equivalent tasks. Every supervisor interviewed follows this practice in some fashion as a tool to grow and educate their employees. Chief Haines never ordered Barber's discipline over her Facebook post. This was the sole discretion of her supervisor, Captain Tom Greer. Several supervisors interviewed interpreted Barber's post as derogatory towards the administration, due to her rank as a Lieutenant. OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Barber was given discipline and transferred while assigned to Internal Affairs. This was due to her failure to investigate a case of workplace harassment. Chief Haines was not in her chain of command, nor did he have any involvement in the incident. This was decided and ordered by the female unit supervisor, Senior Commander, Darlene Dickey. PBA President Sergeant Tyree has had no females bring any harassment complaints to his attention, or that of any other PBA representative. The harassment complaints made by many other females were not related to Chief Haines, but were investigated and handled according to law and policy. Several sexual harassment complaints have been made by females within the agency. None of these females have alleged or complained of retaliation or fear for reporting. Barber stated the hostile work environment within the Narcotics Unit was not addressed, however, training, transfers and discipline resulted in this incident. Chief Haines was not involved. Barber stated she does not "bother" to put in transfer requests to go to specialized units. She was denied application to the Crisis Negotiation Unit by Captain Greer due to her position needing to be available as a shift lieutenant. I currently command the Crisis Negotiation Unit. Commander Yuhasz, Captain Janes, Sergeant Turner, Sergeant Peterson, Sergeant Ramos, and Sergeant Scruggs have all worked in specialty units. No evidence suggested Chief Haines had prevented any female from working in a particular division or unit based on their sex. Sergeant Peterson never felt she would suffer from retaliation during her internal affairs investigation. She never felt she was being treated with hostility or discrimination. This investigation was conducted by Commander Yuhasz and Lieutenant Jeremy Small, not Chief Haines. PBA President Tyree or Sergeant Newton deny any feelings of fear or retaliation from Chief Haines due to their PBA affiliation. Neither have witnessed any behavior directed towards Barber that would instill fear or fear of retaliation for their PBA involvement.

3. General Order 213.3 Conduct - Standards of, 213.3, Improper Conduct Offenses #17 Sexual Harassment: Members will not engage in conduct defined by law and/or Sheriffs Office policy as sexual harassment (see G.O. 449- Workplace - Sexual Harassment).

UNFOUNDED

under the Morgan administration. The list Barber states she was discriminated and not promoted, included another female that was promoted. Barber claims Chief Haines discussed keeping her from promoting during a staff meeting. Interview of Commander Yuhasz revealed Commander Custer discussed Barber's failure to perform, not Chief Haines. Per HR rules, discipline and personnel folders are allowed to be discussed with the Sheriff. Lastly, Sheriff Morgan has the final say on promotion and/or demotions. PBA President Sergeant Tyree has had no females bring any sexual harassment complaints to his attention, or that of any other PBA representative. The sexual harassment complaints made by other females were not related to Chief Haines, but were investigated and handled according to law, policy and reviewed by the Court. None of these females have alleged or complained of retaliation or fear for reporting. None of the witnesses, to include females, have heard or have any knowledge of sexual harassment complaints, behaviors, or allegations due to Chief Haines or anyone else. Sergeant Robert Greene had an incident reported regarding sexual harassment by a female This was investigated and he was subsequently transferred. Greene had an additional investigation conducted due to new allegations of harassment that is currently still processing. This complaint was addressed and Sergeant Greene was served a Notice of Disciplinary Action for a 30-hour suspension and demotion to Deputy Sheriff 1st Class for violation General Orders 213.3 Improper Conduct Offenses: (15) Derogatory Remarks and 213.3 Improper Conduct Offenses (68) Unbecoming Conduct. Chief Haines was not involved in this incident.

4. General Order 213 Conduct - Standards of, 213.2 Neglect of Duty Offenses #23 Failure to Follow General Orders, Directives, and Sheriffs Orders: Members will adhere to general orders, Sheriffs orders, policies, and directives and will faithfully execute all duties and responsibilities of their assigned position. • 215.3 Law Enforcement Canon of Ethics #1. Law enforcement members will abide by the following Canon of Ethics:

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice.

obeying the laws of the land and the regulations of my agency. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance ofmy duty.

I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear offavor, malice, or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol ofpublic faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession - law enforcement. UNFOUNDED

This investigation shows that Chief Haines has majority of female employees in his chain of command. He also has a Commander, Colonel, and 2 female Sergeants in his chain of command. The deposition clearly states the Bible has a particular hierarchy that he applies in his personal life. He never states he believes this should be applied in the business setting. In contrast, he expresses his concern over this passage by stating when Sarah Palin was a possible Vice President candidate, he wasn't convinced she would be able to put this passage aside in the professional setting. Chief Haines is entitled to his own religious beliefs and to hold his beliefs against him without evidence of discriminatory conduct, would be discrimination. Barber had no factual knowledge of any facts surrounding the case of Laura Montoya, even admitting she had not read or reviewed many of the documents prior to submitting them as part of her complaint. Barber could not provide any facts or witnesses to correlate the documents she used as relating to discrimination or gender bias she has experienced. Barber could not provide any current employees other than Sergeant Webber, at the Escambia County Sheriffs Office, that claimed to have experienced gender bias or discrimination from Chief Haines. Sergeant Webber stated in her deposition she had never had any problems with the way Chief Haines has treated her nor has she heard of any other females in the agency complain about such treatment. OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

5. General Order 213 Conduct- Standards of, 213.2 Neglect of Duty Offenses #31 Negligence Not Endangering: Members will not ignore or violate official directives, policies, procedures, orders, or supervisory instructions or knowingly fail to properly execute the duties and responsibilities of their assigned positions.

UNFOUNDED

Chief Haines spoke with PBA President Tyree reference the review process for internal affairs investigations. Due to prior actions of Barber and Philip Nix (writing on documents and taking documents), Tyree was told an investigator would need to be present during the review. Tyree stated he was never told, nor did he tell his PBA representatives they could not speak with the subject officer, rather they would not be able to speak in private. Tyree also stated he was never called or notified of any 112 violations by the subject officers Barber listed. Chief Haines never violated any policies or directives.

6. General Order 213 Conduct - Standards of, 213.3 Improper Conduct Offenses #68 Unbecoming Conduct: Personnel shall conduct themselves at all times, both on and off duty, in such a manner as to reflect favorably on the Sheriff's Office. Conduct unbecoming shall include that which brings the Sheriff's Office into disrepute or reflects discredit upon the personnel as a member of the Sheriff's Office, or that which impairs the operation or efficiency of the Sheriff's Office or personnel.

UNFOUNDED

Sergeant Kilgen received a 40-hour suspension, was transferred and removed from the SWAT team. Similar employee incidents, Colleen Burt received a 40-hour suspension and Jacques Morgan received a 20-hour suspension. This was not swept under the rug. Chief Haines was not involved in the recommended actions. Sergeant Shorette had one internal affairs investigation that was exonerated and received one general counseling during his probationary period. There were not multiple investigations or discipline. Chief Haines had no involvement with this discipline or the outcome of the investigation. Sergeant Holloway struggled in the beginning as a probationary supervisor, but documents show his improvement and successful completion of his probation. His subsequent transfer was not done under Chief Haines' chain of command.

The term unfounded is defined in General Order 225 as meaning: The allegation was demonstrably false or there is no credible evidence to support the complaint.

SHERIFF DAVID MORGAN/PO I OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

INDEX

Volume I of IV

A. Internal Affairs report, 12019-015.

B. Memorandum from HR Manager Dawn Brazwell to Colonel Mindy Von Ansbach Young dated September 25, 2019.

C. Letter to Sheriff Morgan from Lieutenant Tama Barber dated May 1, 2019. Letter to Lieutenant Tama Barber from Sheriff Morgan dated May 8, 2019.Letter of complaint to Sheriff Morgan from Lieutenant Tama Barber dated May 14, 2019.

D. Memorandum dated June 18, 2019, from Sheriff David Morgan directing the internal affairs investigation, as well as Staff Summary sheet.

E. Transcribed recorded statements of Tama Barber dated June 24, 2019 and July 30, 2019, along with signed Confidentiality Notice form and Perjury and Oath Acknowledgement form.

F. DVD containing digital copies of documents provided by Tama Barber. OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

INTERNAL AFFAIRS REPORT

INTERNAL AFFAIRS NUMBER: 12019-015

INVESTIGATION DIRECTED BY: Sheriff Morgan

DATE DIRECTED: June 18, 2019

DATE COMPLETED: October 17, 2019

INVESTIGATING OFFICER: Col. Mindy von Ansbach Young

MEMBER(S) OF DEPARTMENT INVOLVED: Chief Deputy Eric Haines

OFFICER WITNESSES: Lieutenant Tama Barber Captain Torn Greer Commander Tracy Yuhasz Commander Mark Jackson Lieutenant Walter Matthews Lieutenant Jack Holland Sergeant James Newton Sergeant Melony Peterson Sergeant Lee Tyree

CIVILIAN WITNESSES: Roderick Bain Custer Nicole Coxwell

EVIDENCE:

Memorandum from HR Manager Dawn Brazwell to Colonel Mindy Von Ansbach Young dated September 28, 2019 Letter to Sheriff Morgan from Lieutenant Tama Barber dated May 1, 2019 Letter to Lieutenant Tama Barber from Sheriff Morgan dated May 8, 2019 Letter of complaint to Sheriff Morgan from Lieutenant Tama Barber dated May 14, 2019 Letter to Roderick Bain Custer requesting an interview dated June 27, 2019 Certified mailing receipt ofletter to Roderick Bain Custer dated June 27, 2019 Email from Lori Tisdale reference Custer "unclaimed" "unable to forward" certified letter Memorandum to file reference Nicole Coxwell interview dated June 26, 2019 Note to file from HR Manager Dawn Brazwell reference Sgt. Melony Peterson ECSO Employee Confidentiality Notice for Tama Barber dated June 24 & July 30, 2019 ECSO Perjury and Oath Acknowledgment for Tama Barber dated June 24 & July 30, 2019 Recorded interview of Tama Barber on June 24, 2019 Recorded interview of Tama Barber on July 30, 2019

1 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Numerous court documents provided by Lieutenant Tama Barber 2013-2015 Law Enforcement Promotional List 2015-2016 Law Enforcement Promotional List 2014-2015 Vacant Position List Email dated June 28, 2019 from HR Director Dawn Brazwell reference Lieutenant Tama Barber's promotion dates HR rules pertaining to Promotions (revision date 03/08/2017) Email to Lieutenant Tama Barber from Captain Tom Greer dated July 5, 2018 Three (3) documents from FaceBook.com showing Facebook posts ECSO G.O. 236 Personal Use of Social Media Fifteen ( 15) associated disciplinary documents for Lieutenant Tama Barber Letter head memo to file from Lieutenant Walter Matthews dated February 4, 2011 Human Resource July 2, 2019 female supervisor report Copy of Written Reprimand for Sergeant Michael Hoyland dated 09/18/2016 Copy of Counseling Form for Sergeant Michael Hoyland dated 02/09/2017 Timesheets for Sergeant Michael Hoyland dated 03/18/2017-04/28/2017 Doctor's note for Sergeant Michael Hoyland dated 071111201 Four (4) associated transfer order documents related to Sergeant Michael Hoyland Fifteen (15) associated transfer orders related to Sergeant Christian Coad Letter from Deputy Bruce Harris to Investigations Commander, Mark Jackson dated 06/20/2018 ECSO G.O. 449 Workplace-Sexual Harassment ECSO G.O. 447 Workplace-Harassment/Violence Five ( 5) associated transfer order documents related to Deputy Bruce Harris Copy of Escambia County Sheriffs Office Discipline Matrix Violation Types for Sustained Violations of General Order 213 Written Reprimand dated July 5, 2018 for Justin Robbins Written Reprimand dated July 5, 2018 for Michael Ward Eight (8) associated transfer order documents related to Lieutenant Michael Ward Nine (9) associated transfer order documents related to Sergeant Justin Robbins Special Investigations1 attendance log for Sexual Harassment/Harassment/Hostile Work Environment training dated June 28, 2018 Four (4) associated documents for Sexual Harassment/Harassment/Hostile Work Environment Ten (10) pages of Harassment in the Workplace PowerPoint Memorandum dated May 24, 2018 reference Lieutenant Barbers Administration Investigation (I2018-014) on Sergeant Delarian Wiggins Memorandum dated July 30, 2018 reference sustained findings against Sergeant Delarian Wiggins Memorandum dated May 10, 2018 from Lieutenant Barber to Captain Greer reference Sergeant Delarian Wiggins Six (6) pages associated with Sergeant Andrew Kilgen's December 2018 discipline Four (4) pages reflecting Sergeant Andrew Kilgen's personnel history. Five (5) email pages reflecting Sergeant Andrew Kilgen's removal from S.W.A.T. Six (6) pages associated with Crime Scene Officer Colleen Burt's June 2018 discipline Twelve ( 12) pages associated with Deputy Jacques Morgan December 2018 discipline Memorandum from Commander Darlene Dickey dated February 23, 2011

2 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Four (6) ECSO Organization Charts revised 08/04/2011, 11/2/2010, 10/07/2010, and 07/09/2010, 01/26117, 02/15/2018 Three (3) pages reflecting Chief Deputy Eric Haines' personnel history Three (3) pages reflecting Darlene Dickeys' personnel history Four (4) documents associated with Sergeant James Newton's demotion in March 2011 Fourteen (14) documents associated with Sergeant James Newton's Internal Affairs Investigation in 2011 Ten (10) associated transfer order documents related to Sergeant Robert Greene Sixteen ( 16) associated documents of Internal Affairs Report (I 2017-001) for Sergeant Brian Shorette Ten (10) associated discipline and personnel history documents for Sergeant Brian Shorette Seven (7) associated Performance Evaluation documents for Sergeant Jacob Holloway Twenty Four (24) Quarterly Status of Discipline documents from 06/10/2013 - 04/29/2019 Sixteen ( 16) associated transfer request documents from 01 /08/2004 - 0410312019 Email to HR Manager Dawn Brazwell dated July 10, 2019 requesting copies of transfer orders Nine (9) associated transfer order documents related to Sergeant Jacob Holloway Nine (9) documents related to performance and discipline of Sergeant Jacob Holloway Blank ECSO Transfer Request form Letter from Florida Police Benevolent Association to President Lee Tyree from Executive Director Matt Puckett Email exchange between Colonel Mindy Von Ansbach Young and PBA Executive Director Matt Puckett Ten (10) pages, dated March 2, 2000, from the Supreme Court of Florida Turner v. Per that include the explanation of a summary judgment Laura Montoya deposition taken February 13, 2015 Affidavit of Sherry Nix taken March 1, 2018 Sandra Webber deposition taken October 26, 2017 Fred Alford deposition taken October 25, 2017 Doyle Gresham deposition taken October 26, 2017 Affidavit of Jerry Cox taken March 2, 2018 Affidavit of Philip Nix taken (date unknown due to signature page being omitted) Videotaped deposition volume I and II of David Morgan taken October 24, 2017 Videotaped deposition of volume I and II of Eric Haines taken November 15, 2017 Order of defendant's motion for Summary Judgment, Case No. 3:16-cv-92-MCR/EMT

SUMMARY OF COMPLAINT:

On May 14, 2019, Lieutenant Tama Barber submitted a 5-page letter to Sheriff David Morgan detailing "a history of discrimination" by Chief Deputy Eric Haines. Referenced in this complaint were quotes and excerpts that were obtained from a Court Order in prior civil deposition testimony. Also contained in the letter were allegations Chief Haines made harassing, demeaning jokes about Barber, discussed her abilities regarding making it off probation as a sergeant and her ability to pass the next promotional exam. Barber stated Chief Haines made derogatory remarks 3 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

about her being "too nice", and that she "cares too much about others", and his perception of her lack of stats were due to lack of leadership. Additionally described in the letter was Chief Haines' misunderstanding of a Facebook post made by Barber which led to her being punished multiple times, to include being assigned a project pertaining to statement on Facebook and his request for her to be assigned as Officer In Charge of the Honor Guard Unit. Barber stated all this occurred during the time frame of the 2018 PBA negotiations which had been contentious at times. Barber stated she was unaware of any other Escambia County Sheriffs Office employee having to complete comparable projects. Lieutenant Barber stated Chief Haines believes the Bible forbids women from sitting in positions of authority and alleges his faith causes "discriminatory animus towards women in the workplace, especially women who have authority over men." Barber referenced seven (7) other incidents of "gender bias or discrimination" that the Sheriff is aware of taking place. Lastly, Barber stated she suffered gender discrimination on 04/29/2019, when Chief Haines claimed every subject officer has been prohibited from speaking with their representative during the internal affairs review process. Barber documented nine (9) examples displaying differences during the review process. Based on the information provided from Barber's typed letter to Sheriff Morgan on May 14, 2019, the alleged violations include, but are not limited to; G.O. 213.2 Neglect of Duty Offenses (23) Failure to Follow General Orders, Directives, and Sheriffs Orders, G.O. 213.2 Neglect of Duty Offenses (31) Negligence-Not Endangering, G.O. 213.3 Improper Conduct Offenses (15) Derogatory Remarks, G.O. 213.3 Improper Conduct Offenses (16) Harassment, G.O. 213.3 Improper Conduct Offenses (17) Sexual Harassment, G.O. 213.3 Improper Conduct Offenses (68) Unbecoming Conduct, G.O. 213.3 Improper Conduct Offenses (69) Moral Character Violations.

DETAILS OF INVESTIGATION:

On June 24, 2019, Sergeant Wayne Pittman and I conducted an interview of Lieutenant Tama Barber. The interview started by asking Barber what type of complaint she was alleging against Chief Haines. Barber stated she couldn't answer the question specifically because there are a lot of things going on at the agency and her main complaint was him violating her 112 rights during her internal affairs investigation as a subject officer. I asked Barber if she was alleging Chief Haines was gender biased, created a hostile work environment, was discriminatory or had sexually harassed her. Barber stated "I don't know ifI can answer that question right this second, ifthat makes any sense, because there 's so many different things going on , I mean, really he needs to be asked a lot ofquestions." Barber stated she learned recently, while speaking with Laura Montoya (a prior ECSO Colonel that was demoted and subsequently terminated in August 2015, by Sheriff Morgan) that she was discriminated against by Chief Haines when it came to her promotion. Laura Montoya told her Chief Haines stated he did not want to promote her to a lieutenant and would see she wasn't, despite there being an opening. Barber said Montoya told her Chief Haines didn't think she 4 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

would pass the next test. She advised she heard rumors in the past, but had never heard about these things until recently. Barber began her complaint against Chief Haines by documenting the following:

"As for Chief Haines ' history ofdiscrimination, there is significant deposition testimony by women who were victims ofhis discriminatory animus and there is an order from the United States District Court Judge Casey Rogers where she held:

There is also evidence of gender-discriminatory animus by both-i.e., that Shelby did not want a woman running investigations and at times had called her gender-based derogatory names and that Haines harbored a discriminat01y view ofwomen in elevated positions in law enforcement, such as that women should be subordinate to men, women should not be in a leadership position: and men should not take direction from women in law enforcement, showing a discriminatory animus. "

'Thus, although neither Shelby nor Haines recommended Montoya's demotion and the events were not fabricated, they provided input that may have been motivated by gender bias, and there is evidence that Morgan relied on their input and their characterization ofMontoya's competence, judgment, and leadership abilities in deciding to demote her. Viewing the evidence in the light most favorable to Montoya, there is a question offact as to whether the actions ofShelby and Haines were motivated by gender bias and intended to cause the adverse employment action ofMontoya's demotion, and whether their input was a proximate cause ofher demotion.

"Haines and Shelby both supervised Montoya and both were members ofthe Command Staff Their allegedly hostile actions continued into the statutory period by reason ofShelby's alleged gender-biased insults and at least one alleged gender- biased comment by Haines in April 2014, suggesting that her husband makes plenty of money so she could stay home where she belonged. Thus, all related acts can be considered in determining whether there was ongoing hostility toward women in the workplace. "

''Most of the expressly gender-based comments ofHaines date back to 2008 or 2009 and were sporadic events, although Haines 's views about women were widely known in the workplace. Montoya never complained ofthem, and the more recent comments alleged also occurred infrequently. For instance. She alleges one statement by Haines in 2011 commenting on a sex act and another in 2014 that Montoya should stay home where she belonged; she also alleges one comment by Shelby in 2013 that women should not be in charge ofinvestigations and name calling ofunknown frequency. These inappropriate remarks and Shelby's name calling undoubtedly indicate possible gender-bias on their part and as noted above, may be considered 5 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

when determining whether discriminatory input impacted SheriffMorgan's ultimate demotion decision. "

Barber was asked if she had any firsthand knowledge or was witness to any of the incidents of discrimination towards other female's that she stated came from the order issued by United States District Court Judge Casey Rogers and was referenced in her complaint. Barber stated those facts were filed in court and the summary judgment statements included in her letter were provided by her attorney's, Stephen Webster and Louis Baptiste and "he said that was the judge's ruling." Barber stated she was told about these facts recently by Montoya, but had no personal knowledge of gender discrimination towards Montoya by Chief Haines. Barber stated "/had heard rumors back then from other people, but I had never talked to her. I don't know where she worked, I don't remember any ofthat back then. You know, I don't know what was going on with her back then. Uhm, so !just heardfrom her recently that she was in a conversation with him and then I heard that that was part ofher lawsuit was that conversation and it was about me. So. Barber stated she had not read any of the court documents that were used to provide the summary judgment quotes contained in her complaint, but believed Sheriff Morgan had access to this information. Barber stated she provided no personal testimony in Montoya's case and only recently reached out via telephone to Montoya after being told by someone to contact her. Barber declared "well, evidently I was part ofthe whole thing and didn't know it for sure, like I said, I heard rumors, didn 't know it was a fact or not. Uhm, I didn 't know she had had a conversations with the Chief I just heard rumors from other people, not even from her and so he had no reason to say that about me." When asked why she would not have had knowledge and/or participated as a witness in Montoya's case if she was a subject matter, she stated "that's a question for her and her attorney's. I don 't, I can't answer that." Barber stated in her complaint and interview that the ''findings from the court ruling are not innuendo or rumor," which is what the Sheriff requested. The documents were requested as part of the investigation which Barber stated she could obtain from her attorney or have them sent for inclusion in the case. On June 25, 2019, Barber provided the following documents from Montoya's case that she stated contained supporting facts and information surrounding her complaint:

• Laura Montoya deposition taken February 13, 2015 • Affidavit of Sherry Nix taken March 1, 2018 • Sandra Webber deposition taken October 26, 2017 • Fred Alford deposition taken October 25, 2017 • Doyle Gresham deposition taken October 26, 2017 • Affidavit of Jerry Cox taken March 2, 2018 • Affidavit of Philip Nix taken (date unknown due to signature page being omitted) • Videotaped deposition volume I and II of David Morgan taken October 24, 2017

6 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

• Videotaped deposition of volume I and II of Eric Haines taken November 15, 2017 • Order of Defendant's Motion for Summary Judgment, Case No. 3:16-cv-92-MCR/EMT

Barber revealed in her complaint to Sheriff Morgan that:

"During PBA negotiation in the past, Chief Haines made a joke about my dating preferences. His harassing and demeaning comments were made in the presence of other members of the Escambia County Sheriff's Office and other PBA negotiators. This occurred in your conference room, but I'm not sure if the comments were recorded. I did not file a complaint, because I was concerned about retaliation. The agency has a long history of retaliating against women who complain, and I did not want to fall into that category. It is telling that nobody else filed a complaint, although several other agency members heard the improper remarks." In Barber's statement she believed this occurred in 2015-2016. She stated Sergeant Lee Tyree, PBA representative Alan Miller and possibly Sergeant James Newton were present because they are the constant members present during negotiations. According to Barber, Chief Haines "Said something about wanting to make a joke and, but I was in there, and everyone just kind of laughed. But then it was like five minutes later, he was like, okay, I'm going to tell you. And he made a joke about me dating younger men and I'm like, and I'm sitting there at that time thinking he's four years younger so why is he singling me out like this, why is this about me, what is the big deal about this, you know? And I just kind oflike thought to myself, what the heck was that about. And ofcourse, I'm not going to say anything to him, he's my chief, you know? But that just bothered me, why he would, I could see if it was like a joke, but it wasn't a joke. It was a comment about me and my, who I date, you know, and I just felt that was inappropriate, especially in front of those other people, comingfrom him." Barber declared she did not associate with Chief Haines outside of work and did not know how he would know she was dating a younger male, but confirmed she was in fact dating an individual four years younger. She advised the witnesses in the room laughed upon hearing the "joke" and thought it was funny and does not recall anyone hearing the comment reporting they were offended or felt the statement was inappropriate. She did not report this comment, nor was she aware of anyone else reporting this comment to Human Resources, the Administration Commander, or a superior. Barber mentioned possibly relaying the alleged comment to myself, Nicole Coxwell (former ECSO Sergeant), or Sergeant Peterson. I have no knowledge of Barber sharing the alleged comment. Sergeant Peterson stated she did not have any knowledge of gender bias by Chief Haines. I reached out to Coxwell and requested an interview, however, she declined participation.

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I spoke with Sergeant Lee Tyree regarding the alleged comment and he advised the following:

YOUNG: UHM YOU WERE MENTIONED AS POSSIBLY HAVING SOME INFORMATION REGARDING THIS INCIDENT. AND IN REGARDS TO IT AS REGARDING THE PBA NEGOTIATIONS MEETING THAT YOU GUYS WERE IN, POSSIBLY IN THE SHERIFF'S OFFICE CONFERENCE ROOM WHERE CHIEF HAINES MADE A JOKE TOWARDS LIEUTENANT BARBER. DO YOU KNOW WHAT I'M TALKING ABOUT? DO YOU HAVE ANY IDEA? TYREE: I DO NOT

YOUNG: DOES IT RING A BELL?

TYREE: I DON'T

YOUNG: IT WAS MENTIONED THAT YOU GUYS WERE IN THE SHERIFF'S OFFICE CONFERENCE ROOM, POSSIBLY DURING PBA OPENERS. IT WAS POSSIBLY ON A BREAK, THEREFORE, IT WASN'T RECORDED, AND CHIEF HAINES ALLEGEDLY MADE A JOKE TOWARDS LIEUTENANT BARBER IN REFERENCE TO HER DATING YOUNGER MEN AND EVERYBODY LAUGHED AND FOUND IT TO BE FUNNY; HOWEVER, SHE DID NOT TAKE IT IN THAT SAME LIGHT. DO YOU REMEMBER THAT INCIDENT?

TYREE: I DON'T, BUT IF IT WAS IN THE SHERIFF'S OFFICE UH CHAMBERS IT HAD TO HAVE BEEN QUITE A WHILE BACK. UHM 'CAUSE WE HAVEN'T DONE NEGOTIATIONS THERE SINCE PROBABLY WHEN BAIN WAS PRESIDENT. BECAUSE I DON'T THINK I'VE EVER DONE UH A NEGOTIATIONS IN THERE. UHM NOW WE WERE BOTH IN THERE FOR NEGOTIATIONS SEVERAL TIMES OVER THE YEARS GOING BACK TO RONNIE MACK DAYS. SO I, I MEAN, IF, IF CHIEF HAINES IS THERE OBVIOUSLY, IT'S UNDER THIS ADMINISTRATION. BUT I, I DON'T RECALL ANY KIND OF JOKE LIKE THAT. BUT I'M ALWAYS WATCHING OUT WHAT WE SAY ON THE RECORDINGS AND STUFF. SO, I MEAN

YOUNG: RIGHT. ARE YOU A WARE OR DO YOU RECALL ANY NEGOTIATIONS THAT YOU GUYS HAVE BEEN IN THAT CHIEF HAINES HAS MADE ANY COMMENTS OR DEROGATORY JOKES OR STATEMENTS TOWARDS LIEUTENANT BARBER?

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TYREE: NO. NOT THAT I CAN RECALL.

YOUNG: HAVE YOU EVER BEEN AROUND LIEUTENANT BARBER WHERE CHIEF HAINES HAS BEEN PRESENT AND HEARD HER MAKE A STATEMENT TO HIM THAT WHAT HE SAID WAS INAPPROPRIATE OR OFF COLORED OR THAT SHE FOUND OFFENSE TO IT AND TO PLEASE STOP MAKING THOSE COMMENTS?

TYREE: NO

YOUNG: HAVE YOU EVER HEARD ANYBODY ELSE IN THE PBA NEGOTIATIONS MENTION ANYTHING ABOUT CHIEF HAINES MAKING COMMENTS OR STATEMENTS THAT WERE INAPPROPRIATE OR SHOULDN'T HAVE BEEN MADE IN A GENDER BIASED OR DISCRIMINATORY WAY?

TYREE: NO

Tyree advised he was aware of Barber mentioning the comment to him a few times in the recent weeks and asking if he recalled the statement. Tyree stated he told Barber he did not remember. As the President of PBA, Tyree was asked the following question:

YOUNG: AND HAVE YOU EVER HEARD CHIEF HAINES BADMOUTH AND GOSSIP TO YOU ABOUT OTHER FEMALES IN THE AGENCY?

TYREE: NO

YOUNG: IN YOUR PBA ROLE, HAVE YOU EVER BEEN APPROACHED BY ANY FEMALES IN THE AGENCY CLAIMING GENDER BIAS OR DISCRIMINATION BY CHIEF HAINES?

TYREE: I UH I, I'M THINKING HARD BECAUSE I'M TRYING TO THINK WHETHER MINDY PARE HAD MENTIONED ANYTHING ABOUT CHIEF HAINES AT THE TIME THAT HAD TO DUE WITH GENDER BIAS OR JUST HER COMPLAINING IN GENERAL AT THE TIME. BUT I THINK THAT WAS BEFORE I WAS PRESIDENT ANYWAY. I DID REP HER AND UHM LIKE I SAID, I HAD LIMITED CONTACT WITH MONTOYA. SO THAT, I WOULD HAVE TO SAY NO.

YOUNG: AND IF ANY IT WOULD JUST BE MINDY PARE

TYREE: RIGHT. RIGHT. AND THAT WAS A WHILE BACK

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I spoke with Sergeant James Newton regarding the alleged comment and he advised the following:

YOUNG: OKAY. SO SHE HAS ALLEGED THAT WHILE YA'LL WERE IN THE CONFERENCE ROOM, THAT CHIEF HAINES MADE A JOKE ABOUT HER DATING YOUNGER MEN AND THAT EVERYBODY LAUGHED AND FOUND IT HUMOROUS, BUT SHE WAS NOT HAPPY OR PLEASED AND FELT THE COMMENT WAS INAPPROPRIATE. ARE YOU A WARE OF THAT?

NEWTON: NO. I WAS NOT. I DON'T REMEMBER BEING IN THE CONFERENCE ROOM.

YOUNG: SO DO YOU EVER REMEMBER BEING AROUND CHIEF HAINES AND HIM MAKING ANY KIND OF COMMENTS TOWARDS LIEUTENANT BARBER THAT SHE HAS EXPRESSED TO YOU THAT SHE FELT UNCOMFORTABLE ABOUT OR THAT SHE FELT WERE INAPPROPRIATE?

NEWTON: NO. I DON'T.

YOUNG: OKAY. SO IF I WERE TO ASK YOU IF ANYBODY ON THE JOKE ABOUT HER DATING YOUNGER MEN, IF ANYBODY HAD REPORTED IT, YOU WOULDN'T BE ABLE TO ANSWER THAT BECAUSE YOU DON'T EVEN RECALL, CORRECT?

NEWTON: DON'T EVEN RECALL IT.

Newton stated he considered himself friends with Chief Haines and feels like they have open communication. Newton advised Haines shares how he thinks and feels about things. Never in any of the conversations held with Chief Haines did he express any gender biased discrimination or feelings toward Barber or any other female that works at the ECSO. Newton recalled the last PBA negotiations Barber being upset regarding something Chief Haines said but advised she was sitting next to Tyree and the comment was contract related, not personal in nature. He also doesn't recall the comment alarming the others present in the room. I further asked the following:

YOUNG: OKAY. DO YOU KNOW OF ANY TIME THAT YOU HAVE HUNG OUT CHATTING WITH THE CHIEF IN HIS OFFICE, WALKING IN THE HALLWAY, WHEREVER THAT HE'S GOSSIPED OR BADMOUTHED TO YOU ABOUT OTHER FEMALES IN THE AGENCY FOR STATS, POOR PERFORMANCE OR SOMETHING?

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NEWTON: I,NO. WEDIDN'TTALKABOUTOTHERPEOPLE. WE JUST TALKED ABOUT OURSELVES OR STUFF GOING ON IN OUR LIVES. NOT OTHER PEOPLE'S.

YOUNG: OKAY. AND AS A P.B.A. MEMBER, HAVE YOU EVER BEEN APPROACHED BY ANY OTHER FEMALE IN THE AGENCY THAT HAS WANTED TO COMPLAIN OR FILE ANY KIND OF NOTICE OF CHIEF HAINES BEING GENDER BIASED, DISCRIMINATORY, SEXUAL BIASED?

NEWTON: NO. BECAUSE THEN I'D BE VIOLATING POLICY AND I'D GET MYSELF IN TROUBLE FOR NOT REPORTING IT, SO NO.

YOUNG: SO YOU MENTIONED YOU WOULD BE VIOLATING POLICY, SO EXPLAIN THAT TOME.

NEWTON: IF THEY'RE MAKING A SEXUAL HARASSMENT OR A HOSTILE WORK ENVIRONMENT, YOU HA VE A DUTY AND A RESPONSIBILITY TO REPORT IT, AND TO INVESTIGATE IT.

YOUNG: ARE YOU A WARE OF ANYBODY EVER FEELING LIKE THEY WOULD GET RETALIATED AGAINST OR MISTREATED FOR FILING ANY KIND OF DISCRIMINATORY COMPLAINT OR HOSTILE COMPLAINT?

NEWTON: NO. BECAUSE UH, I GUESS A COUPLE OF MONTHS AGO, MIMSY SMALL WOOD BROUGHT IT MY ATTENTION THAT SHE BELIEVED SHE WAS BEING TARGETED BY ONE OF HER SUPERVISORS AND I TOLD HER THAT SHE NEEDED TO GO MAKE THE COMPLAINT AND IF SHE DIDN'T I HAD TO. BUT THAT'S THE ONLY PERSON THAT'S EVER BROUGHT ANYTHING UP TO ME.

YOUNG: OKAY. SO WE'LL COME BACK TO THAT ACTUALLY ON THE MIMSY PART. BUT TO YOUR KNOWLEDGE, THE HISTORY OF THE SHERIFF'S OFFICE, DOESN'T HA VE ANY KIND OF BLACK CLOUD OR ANY KIND OF HISTORY OF RETALIATION AGAINST WOMEN OR MEN, WHO HAVE FILED A COMPLAINT OF A HOSTILE WORK ENVIRONMENT OR SEXUAL HARASSMENT?

NEWTON: NO.

Sergeant Newton stated Mildred Smallwood came to him due to his position as a Sergeant. He told her if she believed she was begin harassed for no apparent reason other than being a female, she needed to go down and make a formal complaint because if she didn't, he would have to. He 11 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

advised she did file the complaint and Sergeant Robert Greene was transferred. Sergeant Newton also stated had filed a complaint in the past against Lieutenant Robert Johnson and he was also transferred. I asked Sergeant Newton:

YOUNG: SO IT SOUNDS LIKE THERE'S ACTUALLY BEEN A FEW OF THEM THAT HAVE FILED COMPLAINTS REGARDING ISSUES WITH MALE SUPERVISORS AND SO FORTH.

NEWTON: YES.

YOUNG: AND HAVE YOU HEARD OUT OF ANY OF THOSE THAT THE VICTIM WAS RETALIATED AGAINST, MISTREATED?

NEWTON: TO MY KNOWLEDGE, NO.

I spoke with Commander Yuhasz, the Administrative Commander. Yuhasz has been Chief Haines' supervisor during the course of her career, but switched roles and has worked under Chief Haines for the past eight or nine years. Yuhasz was asked the following:

YOUNG: OKAY. HAVE YOU EVER WITNESSED CHIEF HAINES SHOW GENDER BIAS TOWARDS ANY OF YOUR EMPLOYEES THAT WORK FOR YOU?

YUHASZ: NO.

YOUNG: HAVE YOU EVER SUFFERED ANY DISCRIMINATORY ACTIONS FROM CHIEF HAINES BASED ON YOUR GENDER?

YUHASZ: NO.

YOUNG: HAVE YOU EVER BEEN DISCRIMINATED AGAINST OR NOT GIVEN EQUAL OPPORTUNITIES AS A WHOLE FROM ANY EMPLOYEE IN THIS AGENCY?

YUHASZ: I CAN HONESTLY SAY NOT IN MY 33 YEARS, I CANNOT THINK OF ANYTIME THAT I HA VE BEEN DISCRIMINATED AGAINST.

YOUNG: HA VE YOU WITNESSED ANY OTHER FEMALES OR MALES DISCRIMINATED AGAINST BY ANY MEMBER OF THE SHERIFF'S OFFICE?

YUHASZ: NO, I, I CAN'T RECALL ANY.

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Barber declares a long history of retaliation against women that file complaints that go unaddressed and/or suffer from making such complaints, thus leading to her "fear" of retaliation. . Internal Investigation Final Action Record (IA ) documents an alleged violation or misconduct of G.O. 313.0.4, G.O. 313.0.5, and G.O. 313.0.9; Harassment in the Workplace, Prohibited Activity against Sergeant Jerry Bradshaw made by Deputy . On July 18, 2000, then, Deputy made a complaint against regarding an "unwanted, unsolicited comment which was sexual in nature." In this complaint, three additional females reported inappropriate comments. Sergeant Bradshaw received formal discipline. No reports were made identifying any retaliation suffered by any of the complainants. In November, 2010, Barber was a Sergeant assigned to Internal Affairs. She was assigned a case to investigate regarding a complaint filed by a female deputy in regards to harassment and/or sexual harassment by Sergeant James Newton. Barber "unsubstantiated" the complaint, however, the case was reassigned to another investigator who "sustained" harassment. This finding resulted in Newton being demoted to a Deputy in March 15, 2011. I spoke with Lieutenant Walter Matthews who was the Officer in Charge of Internal Affairs during this time. I asked Matthews the following question:

YOUNG: IN YOUR YEARS OF BEING HERE AT THE SHERIFF'S OFFICE, ARE YOU AWARE OF ANY FEMALES WHO HA VE A FILED A COMPLAINT INVOLVING GENDER BIAS DISCRIMINATION, WORKPLACE HARASSMENT, HOSTILE WORKING CONDITIONS, HA YING A LONG HISTORY OF BEING RETALIATED AGAINST ONCE THEY FILE THEIR COMPLAINT?

MATTHEWS: NO. I'VE NEVER SEEN IT HAPPEN HERE.

YOUNG: OKAY. AND IT COULD JUST BE ME, BUT IT SOUNDS TO ME THAT THE FEMALE VICTIM IN THIS CASE IMMEDIATELY HAD RESULTS, IT WAS SENT TO INVESTIGATION AND THAT POLICY WAS FOLLOWED WHERE I GUESS JAMES NEWTON WAS, YOU SAID HANGING OUT IN LIMBO WAITING FOR HER TO, HER BEING LIEUTENANT BARBER, TO FINISH THE CASE.

Barber further alleges:

"It recently came to my attention that, in 2014, when I was a Sergeant and one of only five (S)officers who passed the test to be promoted to Lieutenant on the new 2013 promotion list, Chief Haines discussed me in a staff meeting in the presence of Laura Montoya, Lee

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Weston, and others. During this meeting, Chief Haines said that I should have never made it through my probationary status as a Sergeant and, even though there was a position open for the Lieutenant, he would ensure that I was not promoted. Chief Haines further stated that he would let the list expire and did not believe I would do well on the next test, therefore, I would not be promoted. Each of the Sergeants who passed the test were promoted to Lieutenant, but I was not. Nonetheless, I exceeded Chief Haines' expectations and passed the next test. I was eventually promoted to Lieutenant."

Barber stated she recently learned of these details while speaking with Montoya during a phone conversation. She said she took notes as to the details surrounding when the comments were made and specifically who was present, but she did not have them available. I asked for a copy of those notes, however, Barber never provided the requested document. Barber stated Montoya did not provide details as to the context of the alleged conversation during the staff meeting. I asked Barber:

YOUNG: ALRIGHT. DID SHE HAPPEN TO MENTION WHY HE SAID YOU SHOULDN'T HAVE MADE IT THROUGH YOUR PROBATIONARY STATUS AS A SERGEANT?

BARBER: I MEAN, YOU WOULD HAVE TO ASK HER. I, I DIDN'T ASK HER. WHAT I PUT DOWN IS WHAT SHE TOLD ME. I DIDN'T ASK HER A BUNCH OF QUESTIONS.

YOUNG: OKAY. DO YOU KNOW WHETHER IT CAME UP IN COURT?

BARBER: I DON'T KNOW.

YOUNG: SO YOU DON'T KNOW WHAT THE BASIS OF THE DISCUSSION IN THERE WAS ABOUT, IT WASN'T LIKE YOU KNOW, OH SHE'S A FEMALE, I DON'T WANT TO PROMOTE HER BECAUSE I DON'T LIKE FEMALES. WAS THERE ANY STATEMENTS OF THAT NATURE?

BARBER: I DON'T KNOW.

YOUNG: YOU DON'T HA VE ANY IDEA?

BARBER: NO.

YOUNG: MONTOYA DIDN'T SHARE THAT? 14 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: I WASN'T THERE, I DIDN'T ASK HER. I JUST, LIKE I SAID I TOOK NOTES ON WHAT SHE TOLD ME AND THAT'S WHAT I PUT IN THERE.

PITTMAN: AND THIS IS MORE INFORMATION THAT UH FORMER, MON, UH

BARBER: MONTOYA WOULD HAVE TO GIVE YOU.

PITTMAN: LIEUTENANT MONTOYA PROVIDED, OKAY.

BARBER: OR IT'S IN, IT MIGHT BE IN LIKE, I DON'T KNOW IF SHE'S HAD A DEPOSITION OR NOT, BUT IT WOULD BE IN THAT KIND OF STUFF.

PITTMAN: OH, OKAY.

BARBER: I'M SURE SHE'S PROBABLY GIVEN A STATEMENT IN COURT.

YOUNG: OKAY. SO ARE YOU SA YING THAT YOU WERE DISCRIMINATED AGAINST IN THE PROMOTIONAL PROCESS?

BARBER: I FEEL LIKE THERE WAS DISCRIMINATION. I CAN'T THINK OF ANY, ANYTHING ELSE THAT WOULD'VE KEPT ME FROM BEING PROMOTED.

PITTMAN: SO, GENDER DISCRIMINATION THAT WOULD BE THE PROPER PHRASE? IT'S BECAUSE YOU'RE A WOMEN, BASICALLY?

BARBER: I FEEL LIKE IT.

YOUNG: AND SO IN THAT TIME FRAME YOU NEVER REPORTED ANY GENDER BIASED DISCRIMINATION TO ANYBODY AS TO, THAT WAS WHY YOU WEREN'T PROMOTED.

BARBER: NO I, I, LIKE I SAID, I DIDN'T KNOW. I JUST HEARD, HAD HEARD SOME RUMORS. SO I HAD

YOUNG: OH, OKAY. OKAY. UH, DO YOU FEEL LIKE LEADERSHIP SHOULD DISCUSS AND ASK QUESTIONS ABOUT THE QUALIFICATIONS OF SOMEONE BEFORE THEY PROMOTE AND MOVE UP?

15 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: WELL I DON'T THINK THAT'S PART OF OUR PROMOTIONAL PROCESS AND I DON'T THINK THEY'VE DONE THAT WITH ANYONE ELSE, BECAUSE IF THERE'S AN OPENING, THEY'RE SUPPOSED TO PROMOTE THE NEXT PERSON. IT WASN'T RIGHT THAT THERE WAS AN OPENING AND HE DIDN'T PROMOTE ME. HE DIDN'T TELL ME WHY. I COULDN'T PROVE THERE WAS AN OPENING AT THE TIME, BUT I FOUND OUT THAT THERE WAS AND I HEARD RUMORS THERE WERE, BUT I DON'T KNOW WHERE THAT LIST IS OF THE OPENINGS.

Barber further stated she felt Chief Haines judges her harder and takes everything out of context because she is a female. She expressed feeling "there's a gender discrimination thing" going on at the Sheriffs Office and that she feels he has something personal against her. Barber stated Tyree, Newton and Montoya informed her there was an opening for a lieutenant spot during her eligibility period, but was denied the position.

I spoke with Sergeant Tyree regarding Barber's allegations and he stated the following:

YOUNG: SO IN TWO THOUSAND FOURTEEN, DID YOU TELL LIEUTENANT BARBER THAT YOU KNEW SHE WAS ON THE PROMOTIONAL LIST AND THAT THERE WAS AN OPENING FOR A LIEUTENANT SPOT?

TYREE: NO. I MEAN, I MAY HA VE KNOWN THERE WAS AN OPENING FOR A LIEUTENANT SPOT. I DON'T REMEMBER WHETHER I SAID THAT OR NOT. BUT I DIDN'T EVER HEAR HAINES SAY THAT SHEWASN'T GONNA GET IT. UHM SO THAT WOULDN'T HAVE BEEN ME.

Tyree also stated he had no involvement in the promotional process and would only have known if there was an open lieutenant spot would have been through "the rumor mill or somebody telling me." He did recall Barber telling him she heard a "rumor" that he was not going to promote her, but stated he never heard that from "Chief Haines or anybody in the know." He further stated he told her to schedule a meeting with Chief Haines to address her concern. Tyree stated he never had any personal conversations with Chief Haines regarding his dislike for her. Tyree was also questioned about the following:

YOUNG: DO YOU KNOW WHETHER CHIEF HAINES WOULD HA VE COMPLETE CONTROL OVER PROMOTING SOMEBODY

TYREE: I WOULDN'T THINK SO. IT'S NOT SUPPOSED TO BE THAT WAY

YOUNG: WHO'S THE FINAL SAY IN PROMOTIONS?

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TYREE: WELL, IT GOES IN ORDER, UNLESS THERE'S A REASON WHY THEY WOULD SKIP IT, SO I WOULD SAY THE SHERIFF.

YOUNG: AND IS THE SHERIFF ABLE TO PROMOTE SOMEONE IF THERE'S NOT AN OPENING FOR THAT POSITION?

TYREE: NOPE. I WOULDN'T THINK SO.

YOUNG: HAS THERE EVER BEEN A PROMOTIONAL LIST OTHER THAN THE ONE LIEUTENANT BARBER WAS ON THAT PEOPLE WERE NUMBER ONE ON AND DIDN'T GET PROMOTED FROM?

TYREE: YES. PLENTY OF 'EM

YOUNG: IS IT AN OFTEN OCCURRENCE OR A RARITY?

TYREE: WELL, EVERY LIST HAS SOMEBODY DIE ON IT. I MEAN THAT'S WITHOUT A DOUBT. UHM PEOPLE WOULD BE NUMBER ONE THE LIST AND IT DIE TWICE IS JUST KIND OF RARE, I CAN THINK OF RICHARD BAILY. UHM BUT YEAH, THERE'S ALWAYS SOMEBODY ON THE LIST WHEN IT DIES. I WAS ALMOST ON THE LIST WHEN IT DIED. I WAS RIGHT THERE STUDYING FOR THE NEXT TEST WHEN I GOT MY CALL. AND THEN WHOEVER IT WAS BELOW ME DIED NUMBER ONE ON THAT LIST.

I spoke with Sergeant Newton regarding Barber's allegations and he stated the following:

YOUNG: ALRIGHT, MOVING ON TO PARAGRAPH SIX. IN PARAGRAPH SIX, LIEUTENANT BARBER STATED SHE WAS ON THE PROMOTIONAL LIST, SHE WAS A SERGEANT AT THE TIME, SHE WAS ON THE PROMOTIONAL LIST TO BECOME A LIEUTENANT AND SHE WAS TOLD THROUGH RUMOR MILLS AND SHE BELIEVED YOU WERE POSSIBLY ONE OF THOSE THAT TOLD HER THAT THE CHIEF MADE THE COMMENT THAT HE WOULD ENSURE THAT SHE DIED ON THE LIST AND DIDN'T EVER GET PROMOTED. DO YOU RECALL THAT?

NEWTON: I RECALL, YES, THAT THEY WEREN'T GOING TO PROMOTE ANYBODY ELSE, THEY WERE GOING TO LET THE LIST DIE.

YOUNG: AND DID HE TELL YOU WHY?

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NEWTON: OH, IT DIDN'T COME FROM THE CHIEF. I DIDN'T GET IT FROM THE CHIEF. I JUST HEARD THE RUMOR AND PASSED IT ON. IT WAS NOT, OR I DID NOT GET THAT FROM THE CHIEF. IT WAS JUST WHAT I WAS TOLD BY SOMEBODY ELSE.

YOUNG: OKAY. SO DIRECT COMMUNICATION FROM THE CHIEF TO YOU, HE NEVER SAID THAT (INAUDIBLE)

NEWTON: I NEVER HAD ANY CONVERSATION WITH THE CHIEF OVER PROMOTIONS OR ANYTHING. I DIDN'T GO TO THE CHIEF, NEVER TALKED TO THE CHIEF ABOUT PROMOTIONS.

YOUNG: DO YOU KNOW WHETHER THERE WAS A OPENING OR A POSITION AVAILABLE TO PROMOTE?

NEWTON: I DON'T, DON'T THINK THERE WAS ONE ATTHE TIME.

YOUNG: SO THEN YOU HEARD A LITTLE BIT RUMOR WISE, YOU DON'T THINK THERE WERE ANY OPENINGS AVAILABLE AND THE RUMOR MILL THAT WAS GOING ON WAS IT BECAUSE CHIEF HAINES SAID HE WASN'T GOING TO PROMOTE ANOTHER FEMALE OR PROMOTE LIEUTENANT BARBER BECAUSE SHE WAS A FEMALE? NEWTON: NEVER HEARD THAT PART. JUST HEARD THAT THEY WEREN'T GOING TO PROMOTE ANYBODY ELSE. NOT ABOUT WHETHER IT WAS MALE, FEMALE OR ANYTHING. I JUST KNOW THAT THEY SAID THEY DIDN'T HAVE ANOTHER OPENING AND THEY WEREN'T GOING TO PROMOTE. THEY WERE GOING TO LET THE LIST DIE.

Newton further advised he had a significant role in changing the contract for the promotional process and it is not uncommon for the list to expire with people that were not promoted. He stated if there is not an opening for a Sergeant or Lieutenant position, no promotion can be made. Newton informed me in all his conversations with Chief Haines, Barber has never been a topic of discussion. Newton additionally stated:

NEWTON: I'VE NEVER SEEN A VENDETTA AGAINST ANYBODY OFF A PROMOTION LIST. THE SHERIFF HAS BEEN KIND OF STRAIGHTFORWARD WITH IT, GOING STRAIGHT DOWN THE LIST, UNLESS THERE'S SOMETHING SEVERELY WRONG AND HE HAS TO COME UP IN WRITING AND PUT IT, WHY HE IS NOT PROMOTING. I HAVEN'T SEEN IT DONE YET.

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YOUNG: AND HOW WOULD HE DECIDE IF SOMETHING WAS SEVERELY WRONG?

NEWTON: THAT'S HIS DECISION, NOT MINE. I HAVEN'T HEARD ANYTHING. IT HAD TO BE WITH YOUR BACKGROUND OR PROBLEMS OR SOMETHING IN YOUR I.A. FILE OR SOME KIND OF DISCIPLINARY ACTION TAKEN AGAINST YOU FOR HIM TO PASS YOU OVER.

YOUNG: OKAY. SO THEN YOU GUYS DID NEGOTIATE INTO THE CONTRACT THAT THEIR, SOMEONE'S DISCIPLINARY FILE, I.A. FILE AND SO FORTH WOULD BE LOOKED AT AND THE STAFF WOULD BE ABLE TO CONSULT POSSIBLY BEFORE SOMEONE WAS PROMOTED?

NEWTON: THAT, TO MY KNOWLEDGE, THAT'S WHAT SUPPOSED TO HAPPEN.

Sergeant Peterson tested for promotion and stated the following regarding the process:

YOUNG: HOW MANY TIMES HA VE YOU TAKEN THE PROMOTIONAL TEST HERE UNDER SHERIFF MORGAN?

PETERSON: ONCE.

YOUNG: AND YOU GOT PROMOTED HOW SOON AFTER THAT LIST WAS FINALIZED?

PETERSON: WELL, I WAS UHM, I WAS ACTUALLY THE, THE LAST ONE TO GET PROMOTED ON THE LIST BECAUSE OF MY NUMBER, AND IT JUST WORKED OUT AND I ALMOST MISSED IT, BUT ANOTHER OFFICER, ANOTHER SUPERVISOR RESIGNED AND IT OPENED UP THAT SLOT AND SO THEY IMMEDIATELY FILLED IT.

YOUNG: SO YOU HAD TO WAIT FOR A POSITION TO BECOME OPEN?

PETERSON: OH, YES. UHM YES MA'AM, I'M SORRY.

YOUNG: WHAT WOULD'VE HAPPENED IF A POSITION NOT HAVE COME OPEN?

PETERSON: I WOULD'VE TOOK THAT TEST (INAUDIBLE)

YOUNG: I MEAN WOULD YOU HAVE JUST STAYED ON THE LIST?

19 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

PETERSON: OH, NO, NO, NO. UHM YOU KNOW THE LIST WAS JUST ABOUT TO EXPIRE AND I WAS ACTUALLY SHOCKED THAT THEY PROMOTED, YOU KNOW, WENT AHEAD AND PROMOTED ME BECAUSE THEY COULD'VE WAITED, BECAUSE I MEAN IT WAS LITERALLY WITHIN TWO, MAYBE THREE DAYS I THINK OF THAT, OF US TAKING THE TEST.

YOUNG: RIGHT.

PETERSON: LITERALLY, I GOT PROMOTED ON A FRIDAY AND THE TEST WAS MONDAY.

YOUNG: TO YOUR KNOWLEDGE, IS IT COMMON IF SOMEONE GETS TO NUMBER ONE ON THE LIST, IF THERE'S NOT AN OPENING, HAVE THERE BEEN PEOPLE LEFT AT THAT NUMBER ONE POSITION AND THE LIST EXPIRE?

PETERSON: YEAH. YEAH, UHM THAT COULD'VE VERY WELL HAVE HAPPENED TO ME HAD THAT OFFICER OR I'M SORRY, THE SUPERVISOR NOT RESIGNED. BUT YEAH, I MEAN THAT, THAT'S NOT UNCOMMON. THAT, THAT JUST, YOU KNOW IS PART OF THE PROCESS. IF YOU DON'T, IF YOU DON'T MAKE THE SELECTION AND THEY DON'T HAVE THE OPENINGS OR THE POSITIONS ARE FILLED THEN

YOUNG: RIGHT. DO YOU FEEL THAT CHIEF HAINES WAS BEHIND WANTING TO KEEP YOU FROM GETTING PROMOTED AT ANY POINT AND LEA VE YOU SITTING ON THE LIST?

PETERSON: I MEAN, I'VE NEVER HAD THAT, NO. I MEAN, I DON'T THINK ANY, I WOULD HOPE NOBODY, NO. I DON'T THINK ANYBODY WOULD FEEL THAT WAY ABOUT ME.

I spoke with Commander Yuhasz regarding her knowledge of Barber's claim. Yuhasz stated she did not recall that conversation in particular, but did recall a conversation in which Bain Custer shared in a command staff meeting working a call while training Barber that she did not handle properly. Custer stated they encountered an individual with an AR-15 and Barber refused to get out of the car. She acknowledged this was the only time she ever heard Barber brought up in a staff meeting. She never heard Chief Haines comment on her inability to pass the test and stated "everyone knows that Tama is an intelligent individual and she does well on tests". Yuhasz further stated this conversation was not in the context of promotions. I questioned Yuhasz about the process involving promotions from the list and she detailed the process below: 20 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YUHASZ: THEY GO STRICTLY DOWN THE LIST AND THEN THEY WILL LOOK AT UHM DISCIPLINE AND UH MAKE SURE YOU KNOW THAT PERSON IS UHM A GOOD CANDIDATE AND THEN THE UH SHERIFF, IF HE FEELS LIKE THAT PERSON IS A GOOD CANDIDATE HE PROMOTES STRICTLY DOWN THAT LIST.

YOUNG: DO, DO A PERSON'S DISCIPLINE RECORDS COME TO LIGHT DURING THAT DISCUSSION OR DURING THAT EVALUATION PROCESS WHEN THE SHERIFF HAS THE FILE?

YUHASZ: WELL HE, HE LOOKS AT UHM WHAT TYPE OF DISCIPLINE THEY'VE RECEIVED AND UH MAKES HIS DECISION OFF OF THAT.

YOUNG: SO WOULD IT BE UNCOMMON FOR THE SHERIFF TO SOLICIT INFORMATION OR INPUT REGARDING SOMEBODY'S DISCIPLINE BEFORE THEY WERE PROMOTED?

YUHASZ: YEAH, HE DOES LOOK AT IT, YES.

YOUNG: OKAY. AND THEN IS IT POSSIBLE FOR A LIST TO EXPIRE AND STILL HA VE MEMBERS ON IT THAT HAVEN'T GOTTEN PROMOTED?

YUHASZ: WELL, YES. EVERY, EVERY TIME A LIST EXPIRES, THERE'S SOMEBODY ON IT. I DON'T KNOW THAT WE'VE EXHAUSTED A LIST. NOT TO MY KNOWLEDGE.

YOUNG: AND WHY IS THAT?

YUHASZ: WE HA VE SO MANY, I MEAN, WE ONLY HA VE SO MANY UH POSITIONS AVAILABLE. SO IF YOU HA VE TEN, I MEAN HE'S GOING TO PROMOTE TEN, AND THERE MAY BE TWENTY PEOPLE. SOMEBODY IS ALWAYS THE NEXT PERSON.

YOUNG: OKAY. DOES CHIEF HAINES HAVE ANY INVOLVEMENT IN THIS PROMOTIONAL PROCESS, OF THE ADMINISTERING OF THE TEST OR THE CREATION OF THE LIST?

YUHASZ: NO.

YOUNG: AND DOES HE HA VE THE FINAL SAY ON WHO GETS PROMOTED OR WHO DOESN'T?

21 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YUHASZ: NO.

YOUNG: AND HAS CHIEF HAINES EVER GIVEN YOU A DIRECT ORDER NOT TO ALLOW SOMEONE TO GO THROUGH THE TESTING PROCESS BECAUSE OF THEIR GENDER OR ANY DISCRIMINATORY REASONS?

YUHASZ: NO.

YOUNG: HAVE YOU HEARD HIM EXPRESS ANY GENDER BIASED OR DISCRIMINATORY REMARKS TO REFERENCE NOT PROMOTING SOMEONE TO THE SHERIFF?

YUHASZ: NO.

YOUNG: OKAY. HAVE YOU EVER HEARD CHIEF HAINES DISCUSS ANY GENDER BIASED OR DISCRIMINATORY COMMENTS REGARDING LIEUTENANT BARBER AND HER PROMOTION TO THE RANK OF EITHER SERGEANT OR LIEUTENANT?

YUHASZ: NO.

The promotional list was published by Human Resources on July 31, 2013, and expired January 31, 2015. All candidates were promoted in the order of the promotional list. • Five candidates were qualified for Lieutenant promotions. • Fifteen candidates were qualified for Sergeant promotions. • Four of the five lieutenant candidates were promoted. One female, three males; expiring the list with one remaining female, Barber. • Ten sergeant candidates were promoted. No qualified female candidates were on the list; expiring the list with five remaining males.

Human Resources "VACANT POSITIONS" report showed no openings for the position of Lieutenant after the promotion of the above mentioned candidates.

A promotional list was published by Human Resources with an effective date of May 19, 2015, and expired November 19, 2016. All candidates were promoted in the order of the promotional list. • Fifteen candidates were qualified for Lieutenant promotions. • Thirty candidates were qualified for Sergeant promotions. • Six of the fifteen candidates were promoted. One female, Barber, five males; expiring the list with eight males and one female. 22 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

• Sixteen sergeant candidates were promoted. Fifteen males, one female; expiring the list with eleven males and one female.

During Barber's statement, she stated she took the promotional test approximately eight times under previous administrations, but couldn't recall how many times she took the test under Sheriff Morgan's administration. She stated "if I took it multiple times under him, it was twice at the most for sergeant, but she believed it was actually only once." According to HR records, Barber only tested for Sergeant on January 25, 2010 and was promoted four months later on April 3, 2010. She was not eligible to test for Lieutenant until the 2013 promotional process. Per Human Resource Rules, "The Sheriff may review the personnel and disciplinary folders of each candidate or establish a board for this purpose in order to determine the best candidates for promotion. If a candidate is passed over during the promotional process the candidate may request a meeting with the Sheriff or his designee." Barber never requested a meeting with the Sheriff to discuss any rumor, facts or material regarding not being promoted before the list expired.

Barber alleges:

"Since then, I have heard of Chief Haines making comments about me to others such as I am too nice, I car too much about others, or that the stats on my shift were low and it was his perception that is was due to a lack of leadership on my part. These derogatory comments began shortly after I was promoted and transferred to the shift. It was relayed to Chief Haines that the stats were low on the same shift when (then) Lt. Dixon and (then) Lt. Allday were in charge of the shift as well."

Barber stated she learned these comments were made to then, Captain Tom Greer. She said:

BARBER: UHM AND THINGS LIKE UH, I DON'T REMEMBER HOW HE WORDED IT, BUT YOU KNOW, OH YOU CARE ABOUT THESE PEOPLE TOO MUCH, BLAH, BLAH, BLAH. AND I'M LIKE, UH YOU'VE GOT THE WRONG PERSON. I'M THE ONE, YOU ASK THEM, I HAVE NO HEART, YOU KNOW? SO HE'S GOT ME ALL WRONG.

I asked Barber who the alleged comments were made in front of and she replied:

BARBER: I THINK IT'S MAINLY BEEN HIM. I DON'T, I MEAN, I DON'T KNOW. BUT LET'S SEE, I'LL HAVE TO THINK, TOO MUCH HAS HAPPENED. UHM, I DON'T KNOW BECAUSE I'VE HEARD THESE COMMENTS FROM OTHER PEOPLE AND I DON'T KNOW WHERE THEY GOT THEM FROM, SO I WOULD 23 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

ONLY, SINCE I KNOW HE HAS MADE THOSE COMMENTS, AND I HEAR THROUGH RUMORS THAT HE GOSSIPS ABOUT PEOPLE ALL THE TIME TOO. SO UHM

YOUNG: CAN YOU TELL ME WHO THOSE PEOPLE ARE?

BARBER: I DON'T KNOW. BUT

YOUNG: NO. THE PEOPLE THAT ARE TELLING YOU

BARBER: OH

YOUNG: THAT THEY HA VE HEARD THIS.

BARBER: I THINK MELONY HAS HEARD THINGS THAT HE SAID ABOUT THE STATS BEING TOO LOW, UHM NEWTON, JUST ALL THOSE, WELL THESE ARE LIKE THE PEOPLE I TALK TO SO THESE PEOPLE TELL ME THESE THINGS, YOU KNOW? UHM, SO PROBABLY LEE, I DON'T KNOW FOR SURE. YOU'D HA VE TO ASK HIM. BUT I KNOW LEE TALKS TO HIM A LOT BECAUSE HE HAS TO, YOU KNOW, IT'S A LOT OF P.B.A. STUFF. UHM, GREER HAS SAID THAT HE, I ALREADY MENTIONED GREER, BUT HE SAID THOSE THINGS. UHM BAIN, THAT'S ALL I CAN THINK OF RIGHT NOW.

YOUNG: THAT IS VERY TRUE. VERY TRUE. UH, CAN YOU EXPLAIN HOW YOU FEEL THAT THESE COMMENTS ARE DEROGATORY LIKE YOU CARING TOO MUCH, MEANING KIND.

BARBER: WELL FIRST OF ALL I DON'T THINK THEY'RE TRUE. AND I DON'T KNOW WHY HE'S MAKING JUDGMENTS ABOUT ME ON THOSE KINDS OF THINGS, WHEN HE DOESN'T KNOW ME. WHY IS HE EVEN SA YING THESE THINGS TO ANYONE? I TRY TO DO THINGS FOR MY SHIFT TO MAKE A, MAKE THEM HAVE A LITTLE BIT OF POSITIVE-NESS AT WORK, YOU KNOW? UHM, THAT'S NOT CARING ABOUT THEM, IT'S CARING ABOUT EVERYTHING, THE JOB, THE AGENCY, AND THEM AND THEIR PERFORMANCE. SO

YOUNG: SO YOU FEEL MORE UPSET BECAUSE HE DOESN'T KNOW YOU AND YOU DON'T FEEL LIKE HE SHOULD BE MAKING THESE COMMENTS?

24 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: RIGHT. THOSE ARE LIKE TO ME

YOUNG: (INAUDIBLE) THEY'RE NOT

BARBER: THOSE ARE PERSONAL TYPE THINGS TO SAY. I DON'T UNDERSTAND WHY THE CHIEF IS DISCUSSING ME IN A PERSONAL WAY IN FRONT OF OTHER PEOPLE.

YOUNG: DO YOU FEEL THAT CHIEF HAINES WAS BEING GENDER BIASED OR DISCRIMINATING AGAINST YOU BECAUSE OF THE LOW STATS ON YOUR SHIFT?

BARBER: NO.

YOUNG: DO YOU FEEL THAT HE WAS GENDER BIASED AGAINST YOU BECAUSE OF THE COMMENTS OF YOU BEING TOO KIND?

BARBER: UH, TO ME, I MEAN I CAN'T SEE THAT THAT HAS ANYTHING TO DO WITH SEXUAL (INAUDIBLE) OR WHATEVER, THAT HAS TO, I DON'T KNOW, IT'S JUST A PERSONAL THING TO ME. IT'S JUST INAPPROPRIATE. I DON'T KNOW HIS REASON FOR SA YING THOSE THINGS. I DON'T THINK HE SAYS THAT ABOUT MEN. SO POSSIBLY, I DON'T KNOW.

YOUNG: WELL THAT'S A GOOD POINT. HAVE YOU EVER HEARD HIM SAY THAT?

BARBER: NO.

YOUNG: HAS ANYBODY EVER MENTIONED TO YOU THAT HE'S SAID THAT ABOUT MEN?

BARBER: NO.

YOUNG: ARE YOU AWARE OF ANY COMMENTS THAT YOU WOULD FEEL WOULD BE GENDER BIASED OR INAPPROPRIATE THAT HE'S MADE REGARDING MEN?

BARBER: NO. LIKE I SAID, I DON'T HANG OUT WITH HIM, DON'T GO TO HIS OFFICE UNLESS I'M CALLED, SO TO ME THAT'S THE WAY I WAS RAISED AT THE AGENCY, IT'S NOT GOOD TO GO SEE THE CHIEF. SO 25 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Barber stated she believed Chief Haines made the statements to Greer and Custer, as they were her chain of command. She said Custer told her he informed Chief Haines the stats were low under other lieutenants (Lisa Hall & Scott Allday) as well. Barber stated Custer said "they wanted to transfer her," but she "didn't care, because she will be happy anywhere, except when she worked in Internal Affairs," I asked Barber if she got transferred and she stated:

BARBER: NO. NNN .. NHN. ACTUALLY THEY HAD ASKED ME IF I WANTED TO CHANGE, BECAUSE I DID THINK ABOUT TRANSFERRING SHIFTS, BUT AT THE TIME IT WAS WORKING WELL, SO

YOUNG: WHO ASKED YOU IF YOU WANTED TO TRANSFER?

BARBER: GREER. BECAUSE THEY WERE GONNA HAVE SOME OPENINGS OR SOMETHING. HE KNEW I KIND OF WANTED AN EVENING SHIFT. SO

YOUNG: AND YOU DENIED THAT TRANSFER?

BARBER: YEAH.

YOUNG: BECAUSE YOU

BARBER: I MEAN I SAID, I MEAN IF, IF YOU SEND ME THERE, I'M COOL WITH IT OR IF YOU NEED ME TO GO, I'M COOL WITH IT. BUT, IF I HA VE A CHOICE I'LL STAY WHERE I'M AT. I MEAN

YOUNG: HOW LONG WERE YOU ON THAT SHIFT FOR?

BARBER: (INAUDIBLE) THAT'S WHERE I WENT AS A LIEUTENANT. I DON'T, HOWEVER LONG THAT'S BEEN.

YOUNG: SO YOU'VE BEEN THERE SINCE YOU'VE BEEN A LIEUTENANT?

BARBER: YEAH.

In order to validate Barbers statement, I spoke with Sergeant Tyree regarding the alleged comments and stats. Tyree stated he recalled Barber complaining about being blamed for stats, but does not recall any statements made by Chief Haines. Tyree reported believing the stats push coming from Greer and did not remember Chief Haines having involvement in the push for patrol stats. He also 26 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

revealed he had never heard Chief Haines say Barber was too nice or cared too much for others, nor that her low shift stats were because of lack of leadership. I spoke with Greer regarding Barber's allegations. Greer stated he was told by Chief Haines that Barber is too nice and cares too much about others. Chief Haines made the statements to him after many conversations that pertained to a Facebook post made by Barber. Greer did not feel these statements were derogatory, degrading or gender based. Greer disclosed the following regarding her complaint about stats:

YOUNG: WAS LIEUTENANT BARBER SINGLED OUT DUE TO HER LOW STATS ON HER SHIFT?

GREER: THAT'S WHAT SHE SAYS HERE, BUT I DON'T, I, YOU GOTTA UNDERSTAND WHO'S DRIVING THIS TRAIN, IT WASN'T CHIEF HAINES, UH COMMANDER CUSTER WAS BIG ON STATS. UHM, AND IF THERE WAS NOT A MONIKER AND I DON'T REALLY KNOW WHAT IT IS, UHM, HE FELT LIKE THE SHIFT WASN'T PERFORMING TO STAND ARD, THE LIEUTENANT WAS THE ONE AT FAULT. BUT I, BAIN WAS A STAT GUY. HE ORIGINALLY GOT RID OF THEM AND THEN I KNOW CHIEF HAINES WHEN HE WAS THE CHIEF, UHM HE HAD ASKED BAIN ABOUT STATS AND BAIN SAID WE DON'T DO THEM ANYMORE, HE SAID WELL START DOING 'EM AND THEN BAIN WENT BACK TO DOING THEM AND THEN IT WAS BAIN SA YING HEY, YOU KNOW WHY IS YOUR STATS SO LOW (INAUDIBLE).

YOUNG: SO THE STAT STANDARDS, WERE APPLIED TO EVERY LIEUTENANT ACROSS PATROL?

GREER: YES.

YOUNG: AND THESE WERE NOT CREATED OR PUSHED BY CHIEF HAINES. THEY WERE CREATED AND PUSHED BY COMMANDER CUSTER

GREER: RIGHT. COMMANDER CUSTER IS THE ONE WHO WANTED THE STATS AND HE WOULD BE THE ONE, THE FIRST ONE TO COMPLAIN WHEN YOU KNOW SHIFTS WEREN'T DOING ENOUGH.

Greer did not have any contributing knowledge regarding treatment endured by Hall or Allday when they were the previous shift Lieutenants. Greer stated the below facts regarding Barber's transfer statements: 27 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: WE WERE TALKING ONE DAY AND SHE WAS LAMENTING THAT SHE DOESN'T DO WELL ON DAYS. AND I SAID, WELL, I SAID WE CAN PUT YOU ON EVENINGS IF YOU WANT TO SWAP. UHM, I DON'T REMEMBER WHO WAS ON EVENINGS AT THE TIME, MAYBE IT WAS RICHARD AND IT MAY HAVE BEEN AROUND THE TIME WHEN RICHARD GOT TRANSFERRED TO THE SOUTH END, AND WEBBER WAS SUPPOSED TO COME UP THERE, UHM I HAD OFFERED THAT TO HER AND BASICALLY IN A NUTSHELL IT WAS BECAUSE SHE, I USED TO TEASE HER SHE NEEDED TO WAKE UP BECAUSE SHE WASN'T A MORNING PERSON.

YOUNG: SO THE OFFER TO TRANSFER HER WAS TO HELP HER OUT AND NOT DISCIPLINE OR AS A RESULT OF ANY LOW STATS OR PROBLEMS ON THE SHIFT?

GREER: YEAH, I, IF I HAD A PROBLEM WITH HER STATS, I'D TELL HER. I WOULDN'T THREATEN TO TRANSFER HER. SO FIX IT, BUT I DON'T, I DON'T REMEMBER EVER GOING TO HER AND SA YING YOUR STATS ARE HORRIBLE, EVER.

YOUNG: DID CHIEF HAINES EVER COME TO YOU AND GIVE YOU DIRECTION ON YOU NEED TO TRANSFER HER OR YOU NEED TO TREAT HER THIS WAY OR PUNISH HER IN THIS TYPE OF WAY?

GREER: NO.

YOUNG: DID COMMANDER CUSTER AT THE TIME EVER SAY THAT CHIEF HAINES GA VE DIRECTIONS OF THAT NATURE?

GREER: NO.

Greer was asked for clarification purposes:

YOUNG: HAVE YOU HEARD CHIEF HAINES, AND I ASKED THIS ONCE, BUT I'M GOING TO ASK AGAIN, MAKE ANY GENDER BIASED OR DISCRIMINATORY REMARKS ABOUT HER?

GREER: NO.

YOUNG: WHAT ABOUT ANY OTHER FEMALE AT THE OFFICE? 28 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: NO.

YOUNG: WHAT ABOUT ANY MALE OFFICERS AT THE OFFICE?

GREER: GENDER BIASED FOR MALES?

YOUNG: CORRECT.

GREER: NO.

Barber reported the below complaint regarding a Facebook post:

"In 2018, Chief Haines told one of my supervisors that I was a liar. This was in September after I was punished several times due to a Facebook post that Chief Haines misconstrued as a negative post about ECSO Administration. I was given a project to complete which entailed searching through about 2500 emails, compiling a spreadsheet (something I had never done from the beginning), and a few other tasks under the guise of "coming up with a standardized way of notification" in regards to death notifications. This project was given to me during the time when I was involved in PBA negotiations with Chief Haines, which had been contentious at times. After completing the project, I received a Letter of Reprimand and Chief Haines also requested that I be put in charge of the Honor Guard Unit, commenting that I would then see that no one cares about retirees. I was never put in charge of that unit, but I do have the letter from Chief Haines ordering this action. I do not know of any other employee that has had to complete such a task and then also received additional punishment. I was also informed that my explanation of the post to Captain Greer was not accepted by Chief Haines, and that Chief Haines stated that I was lying and that I should be questioned further. His allegations were baseless and were designed to undermine my position of leadership."

Barber stated Greer told her Chief Haines advised she was lying in regards to a Facebook post and to continue to go back to her. She advised she was punished by having to do a "project that took forever." Barber said:

TWENTY-FIVE HUNDRED EMAILS, AND THEN I HAD TO GET ALL THIS INFORMATION, AND I DIDN'T EVEN GET IT RIGHT A WAY FROM H.R. IT TOOK LIKE THREE WEEKS, OR I DON'T EVEN KNOW. IT'S BEEN AWHILE. UHM IT TOOK A WHILE TO GET ALL THAT INFORMATION EVEN FOR ME TO GO THROUGH IT AND THEN UHM I HAD TO MAKE A SPREADSHEET. WELL I'VE NEVER DONE A SPREADSHEET IN MY ENTIRE LIFE. I DON'T KNOW HOW TO DO THOSE THINGS.

BARBER: YOU KNOW, SO, SO THEN I HAD TO COME IN ON MY OFF DAYS, WHICH HE THOUGHT WASN'T A PUNISHMENT, BUT I WAS TAKING CARE OF MY MOTHER WHO WAS SICK. SO I'D COME IN ON MY OFF DAYS TO GET THIS DONE BECAUSE AFTER A MONTH, I STILL WAS TRYING TO GO THROUGH ALL THESE EMAILS TO GET ALL THE INFORMATION. UHM SO I HAD TO COME IN AFTER WE WORKED OUR LONG STRETCH, LUCKILY I'D TAKEN A COUPLE OF DAYS OFF FROM THAT LONG STRETCH AND THEN I HAD TO COME IN ON OUR LONG DAYS OFF, IT WAS FOUR DAYS OR WHATEVER AND FINISH IT, GIVE IT TO HIM, AND THEN I END UP GETTING A LETTER OF REPRIMAND FROM HIM, FROM GREER, WHOEVER SIGNED OFF ON IT. UHM, THEN I HEARD HE WAS GOING TO PUT ME IN CHARGE OF THE HONOR GUARD UNIT.

YOUNG: WHAT, HANG ON ONE SECOND. LET ME STOP YOU AND JUST GO BACK FOR SECOND, I'M GOING TO STOP YOU AND JUST GO BACK FOR A SECOND. WHO MADE YOU COME IN ON YOUR DAYS OFF?

BARBER: UH, WELL BAIN DID. HE CALLED ME SCREAMING FOR FIVE MINUTES AND MADE ME COME IN TO FINISH IT.

YOUNG: SO WHAT DID HE SAY?

BARBER: BECAUSE HE SAID THE CHIEF WANTED IT DONE, UH I DON'T REMEMBER IF MAYBE HE SAID BY THE END OF THE WEEK, I, I DON'T KNOW. IT HAD TO BE DONE BY A CERTAIN TIME OR SOMETHING. SO HE SAID I HAD TO COME IN AND DO IT. I DON'T KNOW IF HAINES TOLD HIM THAT OR NOT.

YOUNG: DID YOU PUT IT ON YOUR TIME SHEET?

BARBER: OH YEAH.

30 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Barber informed me she was told by Greer, Chief Haines was made aware of the Facebook post by Commander Yuhasz. I spoke with Yuhasz regarding the post. Yuhasz advised she was contacted by her sister in reference to the death of a former dispatcher, Glenn Rothe. Her sister asked if the department put out death notifications. She stated someone posted on the ECSO retiree Facebook page that the department hadn't put out the information. Commander Yuhasz told her sister she would check to see if any of family had called and provided information to the agency. She checked with her assistant, Tiki Foster, who checked with Pat Yvarra and Anita Ingram. No contact had been made concerning the death of Rothe. Commander Yuhasz looked at the ECSO retirees Facebook page where her sister saw the death notification and obtained the post which stated:

Barber: Sad-the department didn't even send out an email like they usually do too. Idk why!

Yuhasz responded: Glenn was a great dispatcher ... RIP

Tama, do you know ifthe family has notified anyone reference arrangements? I would be more than happy to put something out ... or you can since you work at the department. Just let me know.

Yuhasz said she didn't hear anything from Barber, but was contacted by ECSO employee Tammy Anthony, Barber's Facebook friend, and was told "oh my god Tama 's, you must've really pissed Tama offbecause she said something about you". This post was made on Barber's personal page, not the retirees.

Anthony posted "/had left a message for his daughter on FB to see where he was living after he got released from rehab and no response I Just happened to Google and it was there!!

Barber: "Yeah I saw when she posted it on his page but you know who I'm talking about

Yuhasz stated she mentioned the post to Chief Haines upon learning Barbers reply. As a Commander of the ECSO, Yuhasz stated her view of the post was:

YUHASZ: WELL, MY FIRST THOUGHT WAS, HERE'S A LIEUTENANT THAT IS UHM POSTING BASICALLY NEGATIVE COMMENTS ABOUT THE DEPARTMENT. NOW AS A LIEUTENANT, YOU ARE THE DEPARTMENT. YOU, A SERGEANT OR A LIEUTENANT OR WHATEVER, YOU ARE ACTING ON BEHALF OF THE SHERIFF. SO SHE COULD'VE EASILY PUT OUT THIS UH OBITUARY HERSELF OR UH THROUGH EMAIL, WHICH I THINK FROM PART OF THE RESEARCH WAS SHE HAD DONE THAT BEFORE. SO SHE 31 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

HAD PUT OUT SOME

The email sent from Chief Haines to Barber read:

Lieutenant, I've been informed the administration has been criticized for not notifying current employees of a retiree's death. I see that you personally put out a death notification in the past. Please provided me with the following: 1. The policy as to who is to send death notifications out 2. A historical spreadsheet of who has sent out death notifications and for whom for the past year. IT can help if you have deleted these emails. 3. Please place in the above spreadsheet the decedent's relationship to the ECSO (i.e. employee, retiree, relative of employee, etc.) 4. Please place in the above spreadsheet whether or not the administration was aware of the death before said email went out and if so, how. If unknown, please mark as such. 5. A comprehensive list of retirees who have passed in the last year. Please do this upon your return to duty as I would like to come up with a standardized way of notification. Thanks!

This email was attached to an email Barber sent regarding the passing of another Deputies relative. The email detailed the funeral arrangements.

YOUNG: DID CHIEF HAINES DEMAND GREER WRITE YOU UP?

BARBER: UH, YOU'D HAVE TO ASK GREER THAT. I DON'T

YOUNG: BUT GREER DIDN'T TELL YOU THAT HE HAD TO WRITE YOU UP BECAUSE OF THE CHIEF?

BARBER: I DON'T THINK SO. I REALLY DON'T KNOW.

YOUNG: SO THEN YOU DON'T KNOW IF HE HAD ANY PARTICIPATION IN THE ACTUAL REPRIMAND THAT YOU GOT?

BARBER: I, I, I DON'T HAVE A DOUBT IN MY MIND THAT HE DIDN'T HA VE HIS HANDS IN THAT. IF YOU READ EVERYTHING THAT I HAVE, YOU'LL SEE. AND I DON'T REMEMBER IF IT SPECIFICALLY TELLS HIM TO WRITE ME UP, I, I DON'T REMEMBER, THAT WAS LAST YEAR AND A WHOLE LOT OF 32 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

STUFF HAS HAPPENED SINCE THEN.

YOUNG: BUT WHAT YOU KNOW

BARBER: SO

YOUNG: FOR SURE, IS GREER NEVER SAID HEY THE CHIEF SAYS I HAVE TO WRITE YOU UP, OR IN THE LETTER THAT YOU HAVE, IS HE SAYING TO WRITE YOU UP?

BARBER: I DON'T REMEMBER WHAT THE LETTER SAYS. THE LETTER INITIALLY HAD NOTHING TO DO WITH WRITING ME UP, IT HAD TO DO WITH THE PROJECT. UHM, ALL THE WRITE UP STUFF, I DON'T THINK ANYTHING WAS PROBABLY PUT IN WRITING. THE CHIEF DID PUT SOME STUFF IN WRITING. BUT I DON'T KNOW IF THAT WAS A LETTER OR A EMAIL OR WHAT. LIKE I SAID, I HAVE COPIES. I JUST SKIMMED OVER IT THAT DAY, HAVEN'T REALLY LOOKED AT SINCE BECAUSE I THOUGHT IT WAS A LITTLE CRAZY.

YOUNG: AND YOU CAN GET ME COPIES OF

BARBER: YEAH.

YOUNG: SO THE HONOR GUARD ASSIGNMENT, DID THE CHIEF SAY IN THE LETTER TO PUT YOU IN

BARBER: YES.

YOUNG: INTO THAT POSITION?

BARBER: I THINK IT WAS FROM THE CHIEF.

YOUNG: DO YOU FEEL THAT THAT RECOMMENDATION WAS GENDER BIASED AGAINST YOU?

BARBER: I, I DON'T KNOW ABOUT GENDER, IT HAS TO DO WITH THE WHOLE FACEBOOK THING HE WAS MAD ABOUT THAT HE JUST WANTED TO CONTINUE TO PUNISH ME, PUNISH ME, PUNISH ME. BARBER: THAT WAS HIS OTHER WAY OF PUNISHING ME, BUT HE JUST DIDN'T 33 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

UNDERSTAND, LIKE I SAID, HE DOESN'T KNOW ME AND HE DIDN'T UNDERSTAND WELL IT REALLY WASN'T GONNA BE A PUNISHMENT TO ME. BUT IN HAINES' VIEWPOINT, PUTTING ME IN CHARGE OF HONOR GUARD WAS A PUNISHMENT.

Barber never supplied the "letter" she references.

I spoke with Greer regarding his involvement and Chief Haines' alleged comment that Barber was a liar. Greer stated he didn't have all the posts when he first spoke with Barber and obtained her explanation, so when he provided her response, Chief Haines expressed "she was liar or not telling the truth." Greer advised it wasn't until then he received the actual post that was made that he understood the entirety of the message. I further inquired as to his meaning "odd timing" on the email he forwarded to Custer that was from Chief Haines to Barber. Greer stated:

GREER: ODD TIMING. UHM, THE INVESTIGATION UHM THAT ZAID PROMPTED IN JUNE, UHM JUNE, WAS PART OF HER UH SHIFT PROBLEM. OKAY? UHM, AND THEN THIS CAME UP. AND WHEN I SAID THIS TO BAIN, BAIN, HOW DO I SAY THIS, BAIN WAS FED UP WITH THE PROBLEMS THAT CAME FROM TAMA'S SHIFT. SO WHEN I SAID, ODD TIMING, THIS IS JUST ODD TIMING BECAUSE IT'S RIGHT ON TOP OF ONE, P.B.A. NEGOTIATIONS, TWO, ZAID, AND NOW THIS.

YOUNG: THAT THE CHIEF WAS ATTACKING HER FOR NO REASON, WAS IT ALL THESE ISSUES ARE COMING TO LIGHT, SHE'S HAVING PROBLEM AFTER PROBLEM

GREER: NO. IT'S ODD TIMING BECAUSE ALL THREE OF THE THINGS CAME TO FRUITION AT THE SAME TIME AND SHEWAS PART OF THE CONTRACT NEGOTIATIONS, THAT I, I HEARD THE OPINION THAT THEY WEREN'T GOING WELL, HOW ABOUT THAT.

Greer stated he issued Barber a written reprimand for the post. He said it was his decision and Custer, the patrol Commander at the time concurred.

YOUNG: AS HER SUPERVISOR, DID YOU HAVE A PROBLEM WITH HER POST?

GREER: I FELT IT WAS DEROGATORY TOWARDS THE AGENCY.

34 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: WHY?

GREER: WELL BECAUSE YOU CAN'T REALLY EXPLAIN YOUR INTENTIONS OR YOUR, HOW, WELL SHOULD I SAY ATTITUDE BEHIND AN EMAIL WHEN YOU JUST PUT WORDS OUT THERE. HER, HER OPINION WAS THAT SHE WASN'T BEING DEROGATORY, SHE JUST WAS LAMENTING AS TO WHY DID WE NOT DO IT. UHM, BUT IT CAN GO EITHER SIDE DEPENDING ON WHO YOU'RE TALKING TO.

YOUNG: AND WHY DID YOU NOT FEEL THAT HER EXPLANATION TO HER POST WAS SUFFICIENT?

GREER: UHM, BECAUSE IT WAS, IT, BECAUSE SHE AND TRACY WENT BACK AND FORTH A COUPLE OF TIMES. UHM, AND I JUST FELT LIKE AS A LIEUTENANT, SHE SHOULDN'T BE, AND IT, AND I, I CAN'T REMEMBER IF IT WAS IN A CONTROLLED GROUP OR NOT. YOU'RE GONNA HA VE TO GET THE, THE FACEBOOK POSTS. I THINK IT WAS, I DON'T KNOW THAT IT WAS ON HER WALL. I THINK IT WAS JUST AMONGST HER FRIENDS. I JUST FELT LIKE A LIEUTENANT SHOULDN'T BE SA YING THOSE THINGS ON A PUBLIC FORUM ABOUT THE AGENCY

Greer documented the following in Barber's Written Reprimand:

"Lt. Barber's comments were derogatory toward the administration regarding the lack ofan email notification concerning Rothe 's passing. I explained to her that as a Lt., these were inappropriate because it is criticism ofthe department and it is her responsibility to cast a good light on the Escambia County Sheriff's Office, not cast a shadow".

Greer agreed with the assignment given to Barber and stated the below about giving his employees similar tasks:

YOUNG: HAVE YOU EVER GIVEN ANY OF YOUR SUPERVISORS OR EMPLOYEES THAT WORK UNDER YOU, ASSIGNMENTS TO LOOK AT PARTICULAR POLICIES OR RESEARCH ANY STATUTES OR INFORMATION?

GREER: (INAUDIBLE) ABOUT WEEKLY. YOU KNOW, I MEAN, THEY, THEY TALK 35 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

ABOUT DISCIPLINE, THEY TALK ABOUT POLICIES, I WAS LIKE, WELL LOOK IT UP IN POLICY, POLICY IS YOUR GUIDE. SO I MEAN IT, GOD YEAH.

YOUNG: SO AS A SUPERVISOR, YOU DON'T FIND IT UNCOMMON IF SOMEBODY DOESN'T NECESSARILY DISPLAY THAT THEY HAVE THE KNOWLEDGE REGARDING A CIRCUMSTANCE, TO GIVE THEM THE TASK TO RESEARCH IT AND FIND THE ANSWERS AND CORRECT MATERIAL RELATING TO THAT SITUATION?

GREER: I, I DON'T FIND IT UNUSUAL. NO.

Per Greer's' recollection, when he informed Chief Haines of the reprimand, Chief Haines stated: "Well, it wasn't my intention for her to get a written reprimand." I said, well too late, it's already done. "He said my intention was to teach her, not discipline her. " I said, okay. And, and it may have been during that conversation that she's too nice and you know she cares too much for her shift." Greer further stated "I understood what ChiefHaines was trying to do. L I get it. You teach 'em, that's how you discipline, uhm sometimes you discipline with paper like I did, or sometimes you discipline by putting 'em in a position so they understand. But the discipline is the teaching aspect from his angle, whereas mine was punitive. Uhm, so I understand where Chief Haines was coming from." Commander Jackson was assigned as the Patrol Commander when Greer issued Barber's discipline. Jackson stated Greer issued the reprimand and he signed in concurrence with the discipline. As a Commander, I asked Jackson the following:

YOUNG: LET ME ASK YOU THIS. DO YOU GIVE YOUR CAPTAINS AUTONOMY AND YOUR COLONEL, TO DISCIPLINE WITHIN THE MATRIX OR ACCORDING TO WHATEVER THE FACTS ARE THAT PRESENT THEMSELVES? JACKSON: YES

YOUNG: SO YOU WOULDN'T HAVE GIVEN A DIRECT ORDER FOR HER TO BE DISCIPLINED IN ANY PARTICULAR WAY. IF CAPTAIN GREER FELT A REPRIMAND WAS APPLICABLE, YOU WOULD HAVE OKAYED THAT

JACKSON: YES. IF IT HAD TO GO, IF IT FIT WITHIN THE MATRIX, THE DISCIPLINE MATRIX, THEN THAT'S WHAT IT'S GONNA BE, OR TRY TO BE.

YOUNG: DO YOU HAVE ANY KNOWLEDGE OF CHIEF HAINES DEMANDING DISCIPLINE OF HER IN THIS CASE? 36 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

JACKSON: NO

YOUNG: OKAY. DO YOU KNOW IF CHIEF HAINES DISPLAYED ANY KIND OF GENDER BIASED OR DISCRIMINATORY MOTIVATION TOWARDS LIEUTENANT BARBER DEALING WITH HER FACEBOOK PAGE POST?

JACKSON: NO

YOUNG: OKAY. ARE YOU A WARE OF ANY OTHER SHERIFF'S OFFICE MEMBER BEING ASSIGNED ANY TASK OF LOOKING AT POLICIES OR RESEARCH TO EDUCATE OR TEACH THEM SOMETHING IF THEY DIDN'T DO SOMETHING RIGHT?

JACKSON: WELL WHEN SOMEONE, YEAH, WHEN DEPUTIES ARE DISCIPLINED THEY'RE REMINDED OF WHAT THE POLICY VIOLATION WAS AND THAT TO READ THAT POLICY TO REFRESHEN WHAT THEY, WHAT THE INFRACTION WAS SO THEY HAVE AN UNDERSTANDING OF WHAT THEY'RE BEING DISCIPLINED OVER. IS THAT WHAT YOU MEAN?

YOUNG: YES.

JACKSON: YEAH. THAT'S, UHM THAT'S WRITTEN ON QUITE A BIT OF DISCIPLINARY, YOU KNOW VERBAL, OR NOT VERBAL BUT GENERAL COUNSELING UH REP, UR WRITTEN REPRIMANDS UHM IT'S WRITTEN ON THAT. REMINDING THE DEPUTY HEY READ POLICY, WHETHER IT'S FOR WRECKING YOUR VEHICLE. YOU KNOW, READ THIS POLICY THAT, SO YOU DON'T WRECK YOUR VEHICLE. (INAUDIBLE) YOU KNOW, UH THINGS LIKE THAT. BUT YES.

YOUNG: SO WOULD YOU CHARACTERIZE THOSE POLICY REVIEWS AND INFORMA, INFORMATION SEARCHES AS A TOOL TO HELP EDUCATE THE DEPUTY. TO TEACH THEM AND HELP THEM GROW. OR WOULD YOU CHARACTERIZE IT AS BEING ATTACKING OR YOU KNOW BEING OVERLY AGGRESSIVE TOWARDS THEM?

JACKSON: NO. THEY HELP THEM GROW. REMIND THEM, HEY, THIS IS A POLICY. THIS IS WHERE WE HAVE TO FOLLOW, YOU KNOW, STANDARDS OF CONDUCT, WHETHER, WHATEVER POLICY IS UH WHETHER IT'S SOMETHING FROM UH USING FOUL LANGUAGE AND, AND UH IN PUBLIC. HERE'S A POLICY IN USING FOUL LANGUAGE. JUST YOU KNOW TRY AND ADHERE TO IT. REMEMBER TO ADHERE TO THE POLICY OF THE SHERIFF'S OFFICE. SO, IT'S, IT'S DONE TO REMIND 37 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

THEM FOR CORRECTIVE ACTION, NOT ANYTHING DEMEANING IN FASHION.

YOUNG: AS A COMMANDER OR AS A COLONEL OR ANY OF THE POSITIONS YOU'VE HELD, IS IT SOMETHING YOU HA VE COMMONLY DONE TO EMPLOYEES THAT WORK UNDER YOU?

JACKSON: YES

YOUNG: OKAY

JACKSON: WHEN YOU, WHEN YOU DISCIPLINE 'EM YOU'RE TELLING THEM WHAT POLICY VIOLATION THAT THEY MESSED, THAT THEY UH VIOLATED. AND HERE'S THE, THE POLICY. READ IT AND UNDERSTAND IT. SO YES IT'S NORMAL.

I spoke with Sgt. Tyree reference the "contentious" negotiations, FaceBook post's and assignment. Tyree stated while speaking with Chief Haines regarding Barber's current Internal Affairs investigation, Chief Haines told him Barber was lucky she only received a task rather than discipline for her post and she should have heeded that and now her own folks were complaining on her. Tyree never heard Chief Haines refer to her as liar. Tyree expressed he felt the post was misinterpreted, but he could see both ways of interpretation. I asked Tyree:

YOUNG: OKAY. DO YOU THINK THAT CHIEF HAINES ASSIGNED LIEUTENANT BARBER THIS TASK BECAUSE SHE WAS A FEMALE?

TYREE: NO. BECAUSE SHE MADE A POST

YOUNG: ARE YOU AWARE OF ANY OTHER OFFICER BEING GIVEN ANY TYPE OF HOMEWORK ASSIGNMENT OR BEING REQUIRED TO RESEARCH POLICY

TYREE: YES. LIEUTENANT JACK HOLLAND WAS GIVEN A RESEARCH POLICY BY UHM COMMANDER CUSTER ON UHM PURSUIT, ON PURSUITS. I DO REMEMBER THAT.

YOUNG: AND DO YOU KNOW WHY UH THE OFFICERS ARE GIVEN THESE ASSIGNMENTS?

TYREE: YEAH, I WOULD THINK IT WOULD BE TO LET THEM LOOK INTO THE MATTER AND HA VE A LITTLE WORK TO DO WITH IT AND KIND OF RECOGNIZE THAT, THAT THE THING THEY'RE ASKING FOR IT TAKES SOME WORK AND TIME AND UHM THOUGHT TO COMPLETE

38 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

CORRECTLY. AND SO IT MAKES THEM THINK ON THE SUBJECT AND MAYBE I MEAN, EVERYTHING'S DIFFERENT. SO MAYBE THEIR TASKS, I KNOW, LIKE ON LIEUTENANT HOLLAND'S, HE HAD A QUESTION ABOUT A PURSUIT WHERE HIS SHIFT HAD GOTTEN DISCIPLINED OVER A PURSUIT THAT HE HAD AUTHORIZED AND ANOTHER SHIFT HAD NOT. SO I THINK GOING THROUGH IT MAKES YOU RECOGNIZE THAT THEIRS A BUNCH OF WORK TO DO WITH EACH AND EVERY PURSUIT AND SOME ARE DIFFERENT THAN OTHERS. EVEN THOUGH ON THE SURFACE IT MAY SEEM THE SAME. THAT MAKE SENSE?

YOUNG: HAVE YOU EVER IN YOUR SUPERVISORY ROLE GIVEN ONE OF YOUR DEPUTIES A POLICY THEY HAVE TO GO LOOK UP AND REVIEW OR LOOK UP ANY KIND OF STATUTE? TYREE: TRAININGS. A BUNCH

YOUNG: AND IS THAT DONE AS LIKE A PUNITIVE MEASURE BEING, YOU KNOW, ATTACKING TOWARDS THEM OR DISCRIMINATORY, OR ARE YOU DOING IT AS AN EDUCATIONAL PROCEDURE?

TYREE: IT'S, IT'S AN EDUCATIONAL PROCEDURE. YEAH.

Sgt. Newton also confirmed he used the method of "assignment" as a teaching tool:

YOUNG: AS A SUPERVISOR, IF YOU HAVE AN EMPLOYEE WHO DOES SOMETHING WHERE THEY MAKE A STATEMENT, THEY DO SOMETHING PHYSICALLY OR THEY HANDLE A SITUATION IN A PARTICULAR WAY, AND YOU FEEL IT'S BASED ON LACK OF EDUCATION, OR LACK OF KNOWLEDGE, HAVE YOU EVER GIVEN YOUR EMPLOYEES POLICY OR STATUTE TO LOOK UP ANDREAD

NEWTON: YES.

YOUNG: TO EDUCATE?

NEWTON: I MAKE THEM READ THE POLICY AND MAKE THEM GIVE A FIVE MINUTE PRESENTATION ON IT IN MUSTER TO EDUCATE EVERYBODY.

YOUNG: NOW DO YOU FEEL LIKE YOU'RE TARGETING YOUR EMPLOYEES WHEN YOU DO THAT OR YOU KNOW, RETALIATING AGAINST THEM? 39 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

NEWTON: NO. BECAUSE, NO I'M HELPING THEM OUT. IT WAS DONE TO ME WHEN I FIRST GOT HERE IF I DIDN'T KNOW A POLICY OR I DID SOMETHING THAT WAS WRONG. I'D HAVE TO GO LOOK THAT POLICY UP AND GIVE A LITTLE SPEECH ABOUT IT. SO I HAD TO LEARN THAT POLICY. IT'S NOT RETALIATION OR PUNISHMENT, IT'S JUST MAKING THEM AWARE OR WHAT'S GOING ON SO THEY STAY WITHIN POLICY.

YOUNG: OKAY. SO YOU USE IT AS A TEACHING TOOL.

NEWTON: TEACHING AND TRAINING.

YOUNG: DO YOU FEEL LIKE USING THOSE TYPE OF TEACHING TOOLS ARE ACTUALLY MORE EFFECTIVE THAN SOMETIMES JUST WRITING SOMEONE UP OR

NEWTON: YES.

YOUNG: DOING DISCIPLINE?

NEWTON: IT'S, THERE'S, YES. BECAUSE IF YOU GIVE 'EM DISCIPLINE RIGHT OFF THE BAT, YOU HAVE NO PLACE TO GO. IF YOU TRAIN 'EM FIRST, THEN THEY KNOW THE POLICY, THEN YOU CAN, IT'S MORE EFFECTIVE TO TRAIN 'EM FIRST THAN IT IS TO WRITE 'EM UP.

YOUNG: OKAY. ARE YOU AWARE OF CHIEF HAINES GIVING OTHER PEOPLE ASSIGNMENTS OR TASKS OR DIFFERENT PROJECTS TO EXPAND THEIR KNOWLEDGE OR TO DISCIPLINE THEM?

NEWTON: YES. AND I CAN'T THINK OF WHO IT IS, BUT I KNOW SOMEBODY ELSE HAD TO, I BELIEVE IT WAS, OH GOSH, I KNOW A LIEUTENANT, JACK HOLLAND, I BELIEVE WAS, HAD TO DO THE SAME THING.

YOUNG: OKAY. DO YOU REMEMBER WHAT FOR OR?

NEWTON: NO. I DON'T REMEMBER. HE MADE A COMMENT ABOUT SOMETHING AND HE HAD TO DO SOME RESEARCH ON IT. HE MADE A COMMENT ABOUT SOMETHING AND I DON'T REMEMBER EXACTLY WHAT IT WAS, BUT I KNOW HE HAD TO DO SOMETHING, RESEARCH AND I BELIEVE IT WAS THE CHIEF THAT MADE HIM DO IT. I BELIEVE.

YOUNG: OKAY. DO YOU KNOW WHETHER HE RECEIVED ANY FORMAL

40 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

DISCIPLINE BASED ON THAT OR?

NEWTON: TO MY KNOWLEDGE, NO. HE JUST HAD TO, TO LOOK SOME STUFF UP.

I asked Lieutenant Matthews the following:

YOUNG: OKAY. LET ME ASK YOU ONE THING, HAVE YOU IN YOUR SUPERVISORY ROLE, EVER ASSIGNED A SUBORDINATE SERGEANT, TO LOOK UP ANY KIND OF POLICY OR DO ANY RESEARCH ON CASE LAW OR STATUTES IF THEY THOUGHT THEY KNEW SOMETHING BUT IT WAS INCORRECT?

MATTHEWS: SURE.

YOUNG: WHY DO, WHY WOULD YOU DO THAT?

MATTHEWS: TRAINING. IT'S, IT'S MY RESPONSIBILITY TO MAKE SURE MY SERGEANTS KNOW THE LAW THAT THEY KNOW THE POLICY AND THEY KNOW THE CASE LAW. AND IT'S THEIR RESPONSIBILITY TO MAKE SURE THEIR DEPUTIES FOLLOW THAT LAW, POLICY, CASE LAW, SO THEY CAN DO A GOOD JOB. OUR, OUR JOB IS TO MENTOR AND TRAIN.

YOUNG: WHY WOULDN'T YOU JUST WRITE 'EM UP INSTEAD?

MATTHEWS: BECAUSE THEY'RE GONNA LEARN MORE BY DOING THE RESEARCH. I MEAN, THERE'S SOME THINGS THAT YOU HAVE TO DOCUMENT. THERE'S, YOU KNOW, IF THERE, THERE ARE TIMES WHEN IT'S BEYOND YOUR CONTROL, YOU CAN'T JUST HA VE AN ASS CHEWING SESSION, YOU'VE GOT TO PUT SOMETHING ON PAPER TO GET SOMEBODY'S ATTENTION. IT IS WHAT IT IS.

YOUNG: RIGHT. BUT YOU FEEL AS A SUPERVISOR IN THE YEARS THAT YOU'VE BEEN A SUPERVISOR THAT HAVING SOMEONE DO A HOMEWORK ASSIGNMENT COULD BE MORE BENEFICIAL THAN GIVING THEM A LETTER OF COUNSELING?

MATTHEWS: OH, ABSOLUTELY.

I followed up with Commander Yuhasz in regards to the "assignment" and discipline issued

41 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

to Barber. I asked the following:

YOUNG: UHM CHIEF HAINES GA VE HER AN ASSIGNMENT TO FIND RESEARCH ON PRIOR NOTIFICATIONS AND DEATH NOTIFICATIONS, WAS HE DOING THIS AS A PUNISHMENT AGAINST HER BECAUSE SHE'S A FEMALE?

YUHASZ: NO.

YOUNG: DO YOU KNOW WHY HE GA VE HER THIS ASSIGNMENT?

YUHASZ: WELL, TYPICALLY, SOMETIMES HE WILL GIVE ASSIGNMENTS LIKE THAT. IT'S BASE, BASICALLY TO ME, IT IS TO MAKE YOU A WARE THAT THERE, THERE ARE DIFFERENT PEOPLE THAT PUT IT OUT, IT'S NOT JUST THE ADMINISTRATION. UHM, SHE HER, SHE HAD PUT SOME OUT. UHM THEREWEREPEOPLEALLOVER THE AGENCY THAT HAD. IT, TOME IT'S AN AWARENESS UHM TYPE ISSUE.

YOUNG: HAVE YOU EVER GIVEN YOUR EMPLOYEES ANY ASSIGNMENTS OR TASKS OF REVIEWING POLICIES OR EMAILS IN RELATION TO EDUCATING THEM ON ANYTHING?

YUHASZ: UHM, I'VE DONE DIFFERENT THINGS. UHM, FOR INSTANCE, I'VE HAD EMPLOYEES IN I.A. THAT HA VE QUESTIONED MAYBE HIRING SOMEBODY AND THEY WOULD WEAR ME OUT ABOUT HIRING A PERSON. AND SO I GA VE THEM THE, THE UH INFORMATION AND IT WAS A FICTITIOUS NAME AND LET THEM LOOK AT IT, AND IT WAS, IT WAS TWO EMPLOYEES BUT I GAVE IT TO 'EM AT DIFFERENT TIMES, AND I SAID, YOU KNOW I'M REALLY PERPLEXED ABOUT THIS PERSON. AND I SLID IT TO HIM AND I SAID GIVE ME YOUR OPINION, SHOULD WE HIRE THIS PERSON? AND THEY SAID ABSOLUTELY NOT. OH, MY GOD, NO, WHY WOULD WE HIRE THIS PERSON. BOTH OF THESE EMPLOYEES DID THAT. SO I WAITED, I CALLED THEM BACK, BOTH BACK IN AND I SAID, YOU DO REALIZE THIS PERSON THAT YOU HA VE BEEN BUGGING ME ABOUT, I MEAN, YA'LL HAVE BEEN PERSISTENT, YA'LL JUST SAID NO TO. SO YOU CHANGE THE NAMES, AND IT'S A DIFFERENT OUTCOME. AND I KIND OF SEE THAT AS THE ASSIGNMENT THAT HE GAVE TAMA, WAS IT'S TO BRING AWARENESS TO, OKAY WHAT YOU SAID IS NOT ACCURATE. YOU KNOW WHY WOULDN'T THE, THE DEPARTMENT DO IT, UH PUT OUT THE DEATH NOTIFICATION. THERE ARE PLENTY OF DEATH NOTIFICATIONS THAT ARE PUT OUT. AND YOU PUT OUT SOME 42 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

OF THEM. UHM SO, BUT YES, I, I HAVE DONE SOME STUFF LIKE THAT. THAT'S, THAT'S PROBABLY UH ONE OF THE UH LAST ONES THAT, THAT.

YOUNG: DID CHIEF HAINES ORDER OR DEMAND THAT SHE BE WRITTEN UP?

YUHASZ: NO. NOT TO MY KNOWLEDGE, NO.

YOUNG: OKAY. BUT CHIEF HAINES DIDN'T COME TO YOU AND SAY THAT SHE'S GONNA BE WRITTEN UP AND MAKE SURE THAT THIS HAPPENS?

YUHASZ: NO.

I asked Barber what she did when she completed her "project":

BARBER: YEAH, AND I GAVE IT TO HIM.

YOUNG: WHO DID YOU GIVE IT TO?

BARBER: I HANDED IT TO THE CHIEF.

YOUNG: OKAY. AND WHAT DID HE SAY TO YOU WHEN YOU GAVE IT TO HIM?

BARBER: NOTHING. WE, IT WAS WHEN WE WERE VOTING ON THE CONTRACT AND WE WERE IN ONE OF THE ROOMS UP HERE, AND

YOUNG: DO YOU REMEMBER THE DATE THAT YOU GAVE IT TO HIM?

BARBER: NO. I MEAN, I PROBABLY HAVE IT LOGGED SOMEWHERE, BUT UHM, AND THEN I, SO HE HAPPENED TO BE IN THERE. I WAS COMING TO VOTE AND THEN I WAS GOING TO GO DOWN THERE AND HAND IT TO HIM, BUT HE WAS IN THERE SO I GAVE IT TO HIM.

YOUNG: DID HE SAY ANYTHING TO YOU WHEN YOU GAVE IT TO HIM?

BARBER: NO.

YOUNG: DID YOU SAY ANYTHING TO HIM WHEN YOU GAVE IT TO HIM?

BARBER: NO.

43 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: SO THERE WAS NO COMMUNICATION BACK AND FORTH ABOUT THE MATERIAL YOU HAD COLLECTED?

BARBER: NO, THERE WAS PEOPLE IN THERE SO

YOUNG: DID THE CHIEF SAY ANYTHING DEROGATORY OR ANY COMMENTS THAT YOU FELT WERE INAPPROPRIATE OR OFF-COLOR DURING THAT TIME?

BARBER: HE DIDN'T, HE DIDN'T TALK TO ME, SO

Barber was sent the email from Chief Haines on July 5, 2018. A memorandum from Custer to Chief Haines dated August 16, 2018, addresses Barber's "project":

"I have reviewed the project submitted by Lieutenant Barber. I do not believe the Escambia County Sheriff's Office should adopt a policy covering the death notification of employees or former employees. The process in place seems to work fine and has during my time with the organization. I also feel that some people prefer to keep these personal situations to themselves and a policy would seem to somehow mandate that the agency publicize it.

I reviewed Captain Greer's memorandum and with your approval, I would like to proceed with appointing Lieutenant Barber as the officer in charge ofthe honor guard"

Commander Jackson stated he did not remember being a part of any conversation regarding Barber being placed over the Honor Guard Unit. Barber was never assigned to the Honor Guard Unit. Barber proclaimed Chief Haines was using her Facebook post to undermine her position and leadership capabilities:

BARBER: UHM, UH WELL HE, HE WAS SAYING, UNDERMINING MY, HE, HE'S SAYING THINGS LIKE, I'M A LIEUTENANT AND EVERYONE KNOWS I'M A LIEUTENANT ON F ACEBOOK. WELL, THAT'S, IT WASN'T LIKE A PUBLIC THING HE WAS SAYING IT WAS A PUBLIC POST. AND I DON'T KNOW HOW HE THINKS IT'S PUBLIC, I, I DON'T THINK I'VE EVER HAD MY THING AS PUBLIC IN THE FIRST PLACE AND I WASN'T SA YING, HEWAS TRYING TO SAY I WAS TALKING BAD ABOUT ADMIN AND I WASN'T. SO TO ME, THAT'S TRYING TO AFFECT MY LEADERSHIP, YOU KNOW? EVERYONE AT THE, ON MY SHIFT KNOWS I CAN'T DO ANYTHING, BECAUSE I HAVE TO WORK ON HIS PROJECT BECAUSE I SCREWED UP AND POSTED SOMETHING ON F ACEBOOK. YOU KNOW? 44 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

General Order 236 Personal Use of Social Media, 236.1 (2) states:

Members are free to express themselves as private citizens on social media sites: a. To the degree that their speech does not impair working relationships of the ECSO for which loyalty and confidentiality are important, impeded the performance of duties, impair discipline and harmony among coworkers, or negatively affect the public perception of the Escambia County Sheriffs Office. b. As public employees, members are cautioned that speech on or off duty, made pursuant to their official duties - that is, that owes its existence to the members' professional duties and responsibilities - is not protected speech under the First Amendment and may form the basis for discipline if deemed detrimental to the ECSO. Members should assume that their speech and related activity on social media sites will reflect up their office and the ECSO. c. Any social media speech that is suspected of violating this provision will be evaluated on a case-by-case basis to determine whether such speech has had a disruptive effect on the ECSO, and is not protected speech under the 151 Amendment, such speech may subject the member to discipline, up to and including termination.

Barber stated she is not aware of any other person in the agency being given an assignment or project.

PITTMAN: IN REFERENCE TO THE UH, THE ALLEGED PUNISHMENT AS FAR AS YOU MAKING SPREADSHEETS, DOING ALL THIS RESEARCH AND ALL, DO YOU KNOW OF ANY OTHER EMPLOYEE THAT'S BEEN ASSIGNED THE SAME TASK OR, OR A LIKE TASK BY THE CHIEF UH IN THIS MANNER?

BARBER: NO.

PITTMAN: IS THERE A POSSIBILITY THAT SOMEBODY ELSE IS ALSO BEEN ASSIGNED IT?

BARBER: I, WITH THE RUMOR MILL AROUND HERE, I THINK I PROBABLY WOULD'VE HEARD ABOUT IT.

PITTMAN: OKAY. BUT WOULD YOU AGREE THAT IT MAY BE A POSSIBILITY THAT (INAUDIBLE)

BARBER: POSSIBILITY BUT, EVERYONE KNOWS ABOUT MINE.

45 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

PITTMAN: OKAY.

BARBER: SO I WOULD THAT THEY WOULD KNOW ABOUT THEIRS TOO.

I spoke with Lieutenant Jack Holland reference a "project assignment" he was issued. Holland stated the following:

HOLLAND: I WAS QUESTIONING UH AFAIL URE TO STOP BY ANOTHER SHIFT. UHM AND I BROUGHT IT TO THE UHM FIRST LIEUTENANT, TOM GREER, BECAUSE WE HAD A SIMILAR INCIDENT INVOL YING MY SHIFT WHERE UH IT WAS INSINUATED WE PUSHED A UH PUSHED A VEHICLE AND IN ESSENCE PURSUED THEM. EVEN THOUGH WE WEREN'T ACTIVELY INVOLVED IN THE PURSUIT, ANOTHER SHIFT HAD SOMETHING SIMILAR IN NATURE AND I BROUGHT IT TO THE UH FIRST LIEUTENANTS, YOU KNOW, ATTENTION THAT HEY, YOU KNOW, WE MIGHT WANT TO LOOK AT THIS AS AN AGENCY, BECAUSE YOU KNOW MY SHIFT WAS JUST YOU KNOW, WAS JUST EDUCATED THAT YOU KNOW NOT TO BITE. YOU KNOW, BEING IN THE AREA AND PUSHING THE (INAUDIBLE) IT COULD BE CONSIDERED THAT WE WERE PURSUING THEM, EVEN THOUGH WE WEREN'T ACTIVELY BEHIND THEM WITH OUR LIGHTS AND SIRENS ON. AND UH ANOTHER SHIFT HAD A SIMILAR INCIDENTS WHERE THEY PUSHED A VEHICLE AND I JUST WANTED EVERYBODY TO BE ON THE SAME PAGE IN PATROL THAT IF THAT WAS WHAT THE MINDSET WAS AT THE TIME, THAT HEY, YOU KNOW, YOU DON'T NEED TO BE IN THE AREA OR CONTINUE TO FOLLOW PEOPLE BECAUSE, IN ESSENCE, YOU'RE PUSHING THEM, WHICH IS A CONTINUATION OF A PURSUIT, I THOUGHT IT NEEDED TO BE ADDRESSED BY, YOU KNOW, UHM THE PATROL DIVISION AND BROUGHT TO THE ATTENTION OF THE COMMAND STUFF. UHM IN DOING THAT COLONEL CUSTER, AT THE TIME, DIRECTED ME TO INVESTIGATE THE IN, INCIDENT INVOLVING THAT OTHER SHIFT, AS IF, AS IF IT WERE MY SHIFT. AND HE WANTED THE SYNOPSIS IN A FINDINGS, WHICH I DID FOR HIM. UHM I DELIVERED THE UH WORD DOCUMENT ON MEMORANDUM TO FIRST LIEUTENANT GREER AND FROM, WHERE IT WENT FROM THERE, I DON'T KNOW. UHM I WAS CONTACTED LATER ON BY FIRST LIEUTENANT GREER THAT UH COLONEL CUSTER WANTED ME TO PRESENT IT TO HIM, SO I CONTACTED HIM VIA TELEPHONE TO UH DISCUSS THE INCIDENT WITH HIM AND WHAT I WAS INSTRUCTED TO DO AND UH WE WERE ABLE TO 46 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

HANDLE IT VIA TELEPHONE, RATHER THAN ME COMING DOWN AND PRESENTING THE CASE AND MY FINDINGS AND ALL THAT.

YOUNG: SO WHEN YOU WERE FIRST GIVEN THE PROJECT TO DO, HOW DID YOU GET YOUR ASSIGNMENT?

HOLLAND: UHM FROM FIRST LIEUTENANT GREER. HE SAID THAT BAIN WANTED ME TO LOOK INTO THE INCIDENT. WANTED ME TO UH REVIEW EVERYTHING, WHICH I DID. I REVIEWED ALL THE VIDEOS OF THE, OF THE, THE OFFICERS INVOLVED, UHM THE FACTS OF THE CASE, AND EVERYTHING THAT HAPPENED. AND THEN UHM HE WANTED IT WORKED AS IF MY SHIFT WAS INVOLVED, AS I SAID, AND HE WANTED A FINDINGS. SO I, I PUT IT IN A MEMO FORM TO THE FIRST LIEUTENANT AND I STILL HAVE THAT DOCUMENT SAVED. AND UH I, AS FAR AS, ONCE I DELIVERED IT TO HIM I'M ASSUMING I GA VE IT TO THE COLONEL. AND THAT'S WHEN HE SAID THAT THE COLONEL WANTED ME TO PRESENT IT, SO THAT'S WHEN I, LIKE I SAID, I CALLED HIM TO SET UP AN APPOINTMENT TO COME DO IT, AND AT THAT POINT WE HAD A DISCUSSION OVER THE TELEPHONE AND HE EXPLAINED TO ME THAT HE, YOU KNOW, HE WAS UPSET OVER THE FACT THAT HE THOUGHT THAT I WAS QUESTIONING HIS, HIS FAIRNESS, OR A JUDGMENT. AND UH AND I SAID, NO SIR, THAT WAS NOT THE CASE. HE SAID, YOU KNOW YOU SHOULD'VE COME TO ME. I HAVE AN OPEN DOOR POLICY. I SAID, WELL THAT'S NOT HOW THE CHAIN OF COMMAND WORKS. I HA VE A FIRST LIEUTENANT TO ANSWER TO AND THAT'S WHO BROUGHT IT TO ME. SO I WAS BRINGING IT TO MY FIRST LIEUTENANT UH ATTENTION THAT I HAD SOME CONCERNS. THAT, YOU KNOW, IF, IF WE'RE PUSHING CARS AND IT'S GONNA BE CONSIDERED A PURSUIT, I DON'T THINK THAT'S, YOU KNOW, WITHIN THE SCOPE OF POLICY. AND UHM HE FINALLY SAID, WELL, YOU KNOW YOU SHOULD'VE JUST COME TO ME AND I EXPLAINED TO HIM AGAIN THAT, YOU KNOW, HE'S GOT A LOT ON HIS PLATE. I UNDERSTAND HE'S A BUSY INDIVIDUAL. THERE'S NO SENSE IN A LIEUTENANT RUNNING UP THERE WHEN I'VE GOT A FIRST LIEUTENANT THAT I'M SUPPOSED TO ANSWER TO. AND WE GOT IT ALL RESOLVED AND THEN I JUST LEFT IT AT THAT. I DON'T KNOW WHERE THAT WORD DOCUMENT IS. I DON'T KNOW WHAT HE DID WITH IT. I DON'T KNOW WHERE IT WENT. SO

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YOUNG: OKAY. WHEN YOU DID THIS PROJECT OR ASSIGNMENT, WHAT ALL DID YOU HAVE TO DO? DID YOU HAVE TO LOOK AT REPORTS? ABOUT HOW MANY DID YOU HAVE TO LOOK AT? DID YOU HAVE TO LOOK AT VIDEOS? HOW MANY?

HOLLAND: YEAH. I LOOKED AT THE INITIAL REPORT, THE CAD NOTES, UHM THE VIDEOS OF THE OFFICERS INVOLVED, THE CARS IN THE VIDEOS, UH AND I WENT INTO DETAIL INTO THE WORD DOCUMENT UH OF MY OBSERVATIONS AND MY OPINION AND UHM LIKE I SAID, UH I'D HAVE TO GO BACK AND LOOK AT THE DOCUMENT. IT'S BEEN A WHILE SINCE I'VE LOOKED AT IT. UH BUT UHM YES, AND I WAS, I BELIEVE I WAS GIVEN A TIMEFRAME TO DO IT. IF I RECALL. BUT ANYWAY

YOUNG: DO YOU REMEMBER HOW LONG IT TOOK YOU TO DO IT?

HOLLAND: UH IT TOOK ME PROBABLY A COUPLE OF SHIFTS. BECAUSE I HAD, LIKE I SAID, I HAD TO REVIEW VIDEO AND GO BACK, AND I DID IT AS TIME PERMITTED. SO, I GOT IT TOGETHER PRETTY QUICK.

YOUNG: UHM DID YOU RECEIVE ANY DISCIPLINE FROM THE PURSUIT THAT YOU WERE BEING QUESTIONED ABOUT AND THEN THAT YOU HAD TO DO YOUR PROJECT ON COMPARING TO THE OTHER SHIFT?

HOLLAND: UHM INVOLVING MY INCIDENT THAT I HAD INVOLVING MY SHIFT, I DID RECEIVE A LETTER OF COUNSELING ON IT AND UHM IN REFERENCE TO THAT. BUT I DON'T KNOW WHAT THE OTHER SHIFT GOT OR HOW IT WAS HANDLED. I DID, ONCE I HASHED IT OUT ON THE PHONE WITH UH COMMANDER, I MEAN, I'M SORRY, COLONEL CUSTER AT THE TIME, UHM IT WAS DONE AND OVER WITH AND I DIDN'T GO ANY FURTHER WITH IT. I DIDN'T ASK IF HE HAD DISCIPLINED ANYBODY INVOLVING THAT, OR THE, I JUST LET IT DROP.

YOUNG: OKAY. AND WHO GAVE YOU YOUR DISCIPLINE?

HOLLAND: UHM IT WOULD HA VE BEEN UHM FIRST LIEUTENANT GREER AT THE TIME. I GOT A LETTER OF COUNSELING FROM HIM.

YOUNG: OKAY. WAS CHIEF ERIC HAINES EVER INVOLVED IN ANY OF THIS THAT YOU HAD TO DO?

HOLLAND: NO. 48 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: DID YOU EVER GET TOLD BY THE COLONEL OR LIEUTENANT GREER, AT THE TIME, THAT CHIEF HAINES WAS QUESTIONING YOUR PURSUIT OR YOUR JUDGMENT AND FELT LIKE YOU NEEDED TO DO A HOMEWORK PROJECT?

HOLLAND: NO

YOUNG: DID YOU EVE~ FEEL LIKE HE WAS INVOLVED IN YOUR INCIDENT AT ALL?

HOLLAND: NO

I asked Lieutenant Holland if he had ever assigned his subordinates any homework assignments, made them look up policy, or case law. He stated:

HOLLAND: UH YES.

YOUNG: AND WHY HAVE YOU DON'T THAT?

HOLLAND: UH BECAUSE THERE HAD BEEN ISSUES INVOLVING CERTAIN THINGS, AND THEY WERE UNCLEAR ON CERTAIN POLICIES AND PROCEDURES ON HOW WE DO THINGS. AND IT'S OUR JOB AS SUPERVISORS TO EDUCATE THEM. TO SAY HEY, YOU KNOW, THERE IS A POLICY AND THERE IS A SOP, A STANDARD OPERATING POSITIATIVE, PER, PROCEDURE ON HOW WE DO THINGS. AND IT'S EDUCATING THEM THAT HEY, IF YOU HAVE A QUESTION, RATHER THAN RUN TO A SUPERVISOR AND MAKE A MISTAKE, REFER TO YOUR POLICY MANUAL FIRST, IN YOUR STANDARD OPERATING PROCEDURE MANUAL. AND IT'S TO EDUCATE THEM THAT IT IS OUT THERE. THE INFORMATION IS OUT THERE AND YOU KNOW, BY ALLOWING THEM TO DO THAT, THEY'RE THINKING FOR THEMSELVES. THEY'RE NOT GETTING AN ANSWER FROM ME AND THEN JUST MOVING FORWARD. THAT WAY IT'S CLEAR CUT THAT THEY UNDERSTAND WHAT THE POLICY AND PROCEDURE SAYS, AND I'VE EDUCATED THEM SO THERE ARE NO FUTURE INCIDENTS INVOLVING WHATEVER WE'RE INVOLVED IN AT THE TIME, AND IT'S CLEAR CUT.

YOUNG: OKAY. DID YOU EVER WORK WITH LIEUTENANT TAMA BARBER? OVERLAP OR IN THE SHIFT NEXT TO HER/

HOLLAND: WE, YES, WE OVERLAPPED IN THE MORNING WHENEVER 49 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: DID SHE EVER EXPRESS TO YOU ANY FRUSTRATIONS WHERE SHE FELT SHEWAS BEING TARGETED OR DISCRIMINATED AGAINST BECAUSE SHEWAS A FEMALE?

HOLLAND: UH NO. SHE DID BRING UP THE ASSIGNMENT SHE WAS ISSUED, I GUESS BY THE CHIEF. AND I, I DID TELL HER THAT WELL I HAD ONE FROM COLONEL CUSTER. SO YOU KNOW SHE KNEW ABOUT MY INCIDENT.

YOUNG: CAN YOU TELL ME WHAT SHE SAID TO YOU ABOUT HER PROJECT?

HOLLAND: UH JUST THAT SHE WAS INSTRUCTED TO GET THE STATISTICS ON I GUESS A DEATH NOTIFICATION OF, AND I, I DON'T REMEMBER ALL DETAILS. YOU KNOW, AND I JUST SAID, WELL I HAD SOMETHING SIMILAR WITH COLONEL CUSTER WHERE I WAS INSTRUCTED TO DO SOMETHING IN REFERENCE TO YOU KNOW SOMETHING OCCURRED ON ANOTHER SHIFT.

YOUNG: DO YOU KNOW OF ANYBODY THAT HAS BEEN TARGETED BY CHIEF HAINES FOR THEIR GENDER OR FOR ANY DISCRIMINATORY REASONS?

HOLLAND: NO

In February 2015, I, Colonel Mindy von Ansbach Young, made a comment on a terminated Escambia County Sheriffs FaceBook page. I was a shift Lieutenant when the post was made. After making this post, I was contacted by Chief Haines and asked a battery of questions to determine my knowledge base surrounding this deputy and his separation from the agency. I did not know the details of the investigation, therefore, I was instructed to check out the Internal Affair Investigation file (approximately 135 pages or more) and familiarize myself with the contents. I did not view this as retaliatory or attacking in nature. I learned a valuable lesson in regards to knowing the facts before making statements based upon "rumor" or "what other people said." I made the decision to read this file at another location and was subsequently issued a written reprimand by Colonel Custer. I did not agree with the discipline, but I did not feel I was being targeted. Additionally, I remember Chief Haines stating he didn't agree with the written reprimand either, but stated he was not going to interfere with the disciplining decisions of a Colonel.

In Barber's complaint she advises:

"ChiefHaines has admitted that the Bible forbids women from sitting in positions of authority over men. This is his faith. I don't begrudge him his faith, but that faith is clearly inconsistent with 50 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

a conclusion that he does not harbor a discriminatory animus towards women in the workplace. Especially women who have authority over men".

I asked Barber if she could explain her reasoning behind this statement and she advised:

BARBER: YES. THAT CAME FROM, BEFORE YOU EVEN ASKED, THAT CAME FROM THE, THE LAW, MONTOYA'S LAWSUIT AND I THINK HE HAD A DEPOSITION OR SOMETHING. SO YOU WOULD HA VE TO

YOUNG: AND DID MONTOYA TELL YOU THIS?

BARBER: UH, THE ATTORNEY DID. YOUNG: WHICH

BARBER: HER, ONE OF HER ATTORNEYS.

YOUNG: OKAY. DID YOU SPEAK WITH THIS ATTORNEY?

BARBER: YES.

YOUNG: CAN YOU TELL ME WHO THAT PERSON IS?

BARBER: UH, HOLD ON, STEPHEN WEB, WEBSTER. I HAD TO SEE SOMEONE ELSE'S NAME THAT REMINDED ME.

YOUNG: SO STEPHEN WEBSTER IS MONTOYA'S

BARBER: HE'S ONE OF THEM, I DON'T, I DON'T KNOW HOW MANY SHE HAS BUT YOUNG: OKAY. SO THEN THEY IN COMBINATION HELPED PROVIDE THE INFORMATION OR WRITE UP THE DOCUMENT AND

BARBER: YES. HE GA VE ME THAT

YOUNG: OKAY.

BARBER: FROM HER.

YOUNG: DO YOU HAVE ANY SPECIFIC KNOWLEDGE ON CHIEF HAINES' RELIGIOUS BELIEFS? 51 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: NO. I JUST KNOW THAT HE WENT TO PENSACOLA CHRISTIAN AND GRADUATED FROM THE COLLEGE. MY DAUGHTER ALSO WENT TO SCHOOL THERE, SO I KNOW HOW STRICT THEY ARE ABOUT THEIR RELIGIOUS BELIEFS.

YOUNG: HAS HE IMPOSED UPON YOU IN ANY WAY, HOW HE FEELS HIS RELIGIOUS BELIEFS, HIS VIEWS AGAINST WOMEN TO YOU SPECIFICALLY?

BARBER: UH NO, I DON'T TALK TO THE CHIEF IF I DON'T HA VE TO AND I DEFINITELY WOULD NOT DISCUSS RELIGION WITH HIM BECAUSE I DON'T FEEL IT'S

PITTMAN: HOW DO YOU FEEL THAT PLAYS INTO ANY KIND OF GENDER BIAS, WORK HARASSMENT, UH SEXUAL HARASSMENT, ANYTHING OR DO YOU?

BARBER: WELL DID YOU READ IT?

PITTMAN: WELL YEAH, I READ IT.

BARBER: HE DOESN'T THINK WOMEN SHOULD SIT ON POSITIONS OF AUTHORITY AND HERE HE IS TRYING TO KEEP ME FROM GETTING PROMOTED.

YOUNG: SO THEN YOU DON'T HA VE ANY PERSONAL KNOWLEDGE OF HIS VIEWS FORBIDDING WOMEN FROM BEING IN AUTHORITY POSITIONS?

BARBER: NO. I WOULDN'T HA VE DISCUSSED RELIGION WITH HIM.

YOUNG: ALRIGHT. DO YOU FEEL LIKE HIS RELIGIOUS BELIEFS HA VE AFFECTED WOMEN IN AUTHORITY POSITIONS HERE?

BARBER: I DO.

YOUNG: CAN YOU TELL ME HOW?

BARBER: BECAUSE IF THAT'S TRULY WHAT HE SAID IN A DEPOSITION, AND THEN HE HAS SHOWN THAT HE DOESN'T WANT US IN POSITIONS BY TRYING 52 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

TO KEEP ME FROM GETTING PROMOTED, SAYING I SHOULDN'T HAVE EVEN BEEN A SERGEANT, LET ALONE BECOME A LIEUTENANT, UHM AND, AND THEN JUST THE THINGS THAT HAVE GONE ON. HE HAS, HE PLAYS A PART IN ALL THIS DISCIPLINE. WE KNOW THAT, HE'S OVER I.A.

YOUNG: DO YOU KNOW IF HE HAS TOLD ANY OTHER FEMALES THAT WORK HERE, THAT HE FEELS THAT THEY SHOULD BE IN POSITIONS OF A NON AUTHORITY (INAUDIBLE)?

BARBER: I DON'T REALLY TALK TO THEM, UHM AND HE DIDN'T TELL ME THAT HIMSELF. I HAD TO FIND IT OUT OR I WOULD'VE NEVER KNOWN.

YOUNG: HAS ANY OF YOUR FRIENDS THAT DO TALK TO HIM ON A ROUTINE BASIS, EVER MADE THE STATEMENT OR COMMENT THAT HE HAS EXPRESSED TO THEM THAT HE DOESN'T FEEL WOMEN SHOULD BE IN AUTHORITY (INAUDIBLE)?

BARBER: NO, AND I WOULDN'T ASK THEM SOMETHING LIKE THAT HONESTLY.

YOUNG: OKAY. SO

BARBER: I REALLY DON'T WANT TO KNOW WHAT HE DISCUSSES WITH THEM.

YOUNG: SO OTHER THAN THE FACTS THAT ARE IN THE COURT CASE, WHICH I'LL NEED TO OBVIOUSLY PULL UP AND READ, THERE'S NO OTHER CORROBORATING PEOPLE THAT CAN LEND A LITTLE BIT MORE CLARIFICATION TO

BARBER: NOT THAT I CAN GIVE YOU A NAME OF RIGHT NOW.

YOUNG: OKAY. OTHER THAN YOUR SITUATION OF GETTING PROMOTED TO LIEUTENANT, ARE YOU AWARE OF ANY OTHER FEMALES THAT HAVE BEEN IN LINE FOR PROMOTIONS THAT HAVE BEEN STOPPED BECAUSE OF HIS INVOLVEMENT?

BARBER: I DON'T, I WOULDN'T KNOW. BECAUSE I, ONCE I MADE IT, I DON'T PAY ATTENTION TO WHO'S ON THE LIST WHERE.

53 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: BUT IN THE PAST, SINCE HE'S BEEN IN A POSITION, YOU'RE NOT AW ARE OF ANY FEMALE THAT HAS NOT BEEN PROMOTED BECAUSE SHE'S FEMALE?

BARBER: NO. I HAD HEARD RUMORS THAT PAM WOULDN'T BE PROMOTED, BUT I DON'T, I DON'T KNOW WHY AND I DON'T KNOW YOU KNOW FOR SURE. AND I DON'T KNOW WHO WAS SA YING IT. THAT WAS JUST THE RUMORS GOING AROUND THE SHERIFF'S OFFICE LIKE YOU HEAR EVERYTHING ELSE. SO

YOUNG: WAS PAM INFACT PROMOTED?

BARBER: YEAH. SHE ENDED UP GETTING PROMOTED

YOUNG: OKAY. SO FOR CLARIFICATION PURPOSES, GENDER BIAS DISCRIMINATION FROM CHIEF HAINES TOWARDS YOU, BECAUSE OF HIS RELIGIOUS BELIEFS. CAN YOU DESCRIBE FOR ME ANY INCIDENT THAT YOU FEEL THAT HAS OCCURRED?

BARBER: I DON'T KNOW. I, THE ONLY THING I KNOW OF IS ABOUT ME NOT GETTING PROMOTED.

YOUNG: UH LET ME ASK YOU THIS, THIS IS GETTING OFF A LITTLE BIT OF YOUR STATEMENT THAT AS A LIEUTENANT, YOU'RE ONE THAT HAD A GOOD REPUTATION AND A GOOD WORKING RELATIONSHIP WITH YOUR PEOPLE. CAN YOU TELL ME OF ANY OTHER FEMALE OR MALE DEPUTIES THAT HAVE COME TO YOU AND EXPRESSED CONCERN, FRUSTRATION, FEAR, OR ANYTHING OF THAT NATURE BECAUSE OF THE CHIEF AND THINGS THAT HE MIGHT'VE SAID OR DONE TO THEM?

BARBER: NOT THE

PITTMAN: CHIEF, CHIEF HAINES.

BARBER: NOT CHIEF YOUNG: HAINES.

BARBER: YEAH, YOU'RE RIGHT. NOT CHIEF HAINES BUT THE GIRL, THE PEOPLE THAT WORK ON MY SHIFT, REALLY THAT I KNOW OF DON'T HA VE ANY 54 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

CONTACT WITH THE CHIEF. MOST OF THOSE DEPUTIES ON THE SHIFT, ESPECIALLY WHEN YOU'RE ON NORTH END, THEY DON'T COME TO THE OFFICE, THEY DON'T HAVE CONTACT WITH THE CHIEF. SO

YOUNG: HAVE YOU HEARD RUMOR THROUGH ANYBODY ELSE OF ANY OTHER DEPUTY, SERGEANT, LIEUTENANT, CIVILIAN EMPLOYEE, WHOEVER, THAT WORKS HERE AT THE SHERIFF'S OFFICE, THAT HAS SUFFERED ANY GENDER BIAS BECAUSE OF CHIEF HAINES' ACTIONS, WORDS, OR STATEMENTS?

BARBER: NOT THAT I, I KNOW OF. NOT THAT I CAN THINK OF. LIKE I SAID, THE GIRLS I WORK WITH, THEY DON'T, WOULDN'T COME DOWN HERE FOR ANY, WOULDN'T HAVE ANY CONTACT WITH HIM THAT I WOULD KNOW OF.

YOUNG: AND THEN NOBODY HAS COME TO YOU FROM THE P.B.A. PERSPECTIVE AND EXPRESSED ANY FEAR, OR ANGER OVER ANY OF A GENDER BIAS NATURE.

BARBER: AND I'VE BEEN IN P.B.A. FOR A LONG TIME, SO THROUGHOUT THE YEARS, HE'S, NOT THAT I CAN THINK OF RIGHT NOW.

PITTMAN: HOW ABOUT, HOW ABOUT FEMALE SUPERVISORS? HAS ANY OTHER FEMALE SUPERVISOR, HAVE YOU HAD A DISCUSSION WITH ANY CURRENT FEMALE SUPERVISOR

BARBER: WE DON'T HA VE THAT MANY. UHM AND I DON'T

PITTMAN: NO. I KNOW WE DON'T HAVE THAT MANY.

BARBER: I DON'T SEE THEM. I DON'T, I DON'T RUN INTO THEM. AND MELONY IS LIKE THE ONLY ONE AND SHE WORKS AT, AT THE MAIN OFFICE. I DON'T SEE HER REALLY AT WORK. UHM

PITTMAN: HAVE YOU HAD ANY DISCUSSIONS WHILE YOU WERE OFF, WHEN YOU'RE IN YOUR PRIVATE TIME

BARBER: WITH HER ABOUT 55 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

PITTMAN: WITH, WELL WITH ANY, ANY FEMALE SUPERVISOR HERE AT THE OFFICE.

BARBER: I DON'T, I DON'T HANG WITH THEM.

PITTMAN: OKAY.

Review of Chief Haines' sworn deposition taken on November 15, 2017, revealed an exchange between Chief Haines and Montoya's attorney, Stephen Webster. Webster asked Chief Haines about Ephesians, 35:22-24, "Wives, submit yourselves to your own husbands as you do to the Lord." Haines stated both he and his wife believed this passage and applied it to their marriage, however, no statements or comments were made that those feelings were projected towards females in the workplace. Chief Haines also stated "but if you go back several verses, it also says the husband should submit to their wives. We should submit to each other." This conversation took place with then Lieutenant Jerry Cox in regards to a potential female Vice President. Chief Haines explained he was questioning her ability to perform the role of a Vice President if she was unable to separate her biblical belief of "For the husband is the head of the wife, as Christ is the head of the Church, his body, of which he is the savior." Webster also inquired about 1Timothy2, :11- 12, "A woman should learn in quietness and full submission ... "I do not permit a woman to teach or assume authority over a man. She must be quiet."

Webster Okay. Did you ever tell Lieutenant Cox that you believed that was the law, and that the law applied even at the Escambia County Sheriffs Office?

Haines I did not.

Webster All right. Do you agree with - do you ascribe to that particular viewpoint, sir, that women cannot teach or assume authority over a man?

Haines Not at all.

Webster Okay. Did you ever make the comment at the Escambia County Sheriffs Office that women should not be in positions of power because the Bible says so?

Haines I did not.

Webster Okay. Do you agree that women must be quiet?

56 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Haines I do not.

During the course of this investigation, I was contacted in reference Senior Deputy Jason Donnelly having information he wanted to divulge relating to the religious context and conversations between Cox and Chief Haines that were being published on social media by former Deputy Philip Nix. I spoke with Donnelly and he stated he was scrolling Facebook when he saw the post by Nix that contained the sworn affidavit of Jerry Cox in the Montoya civil lawsuit. Donnelly stated when he read the affidavit, he "was shocked because he worked with Jerry Cox and Eric Haines in training." He stated he remembered some of the incidents that Cox brought up and that was not how he remembered them happening." Donnelly stated he worked in training multiple times, but he was a Deputy when Chief Haines was a Sergeant and Cox was a Lieutenant. They were all three very close, having a working relationship as well as a professional relationship. Donnelly stated he socialized with Cox outside of work and they spoke about personal matters such as his divorce, money issues, and religion. Donnelly stated after Cox got sick and had transplant surgery, his mental status, perception and outlook on many things changed. Cox became paranoid and felt like he was trying to be pushed out of the Sheriffs Office. I asked Donnelly the following:

DONNELLY: THE THREE OF US? YES, WE WERE A PRETTY GOOD CREW, THE THREE OF US TOGETHER.

YOUNG: DID ERIC HAINES AND JERRY COX EVER TALK TO YOU ABOUT RELIGION OR RELIGIOUS BELIEFS WHILE YA'LL WERE IN TRAINING TOGETHER?

DONNELLY: DID WHO?

YOUNG: ERIC HAINES AND JERRY COX.

DONNELLY: YES. I WAS A WARE THAT JERRY COX, HE STATED TO ME SEVERAL TIMES THAT HE USED TO BE A PASTOR. UH, THAT RELIGION WAS A HUGE PART OF HIS LIFE, AND I ALSO KNEW FROM CHIEF HAINES THAT RELIGION WAS A HUGE PART OF HIS LIFE.

YOUNG: WHY WAS JERRY NOT A PASTOR ANYMORE, DO YOU KNOW?

DONNELLY: AT THAT TIME, NO.

YOUNG: AT THAT TIME, NO?

DONNELLY: RIGHT.

YOUNG: DO YOU KNOW NOW? 57 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

DONNELLY: YES.

YOUNG: WHY IS THAT?

DONNELLY: WHY

YOUNG: WHY WAS HE, WHY IS HE NOT A PASTOR OR WAS NOT A PASTOR?

DONNELLY: OH (INAUDIBLE) I HEARD THAT HE HAD SOME RELATION, MARITAL, EXTRA MARITAL AFFAIRS WHILE BEING A PASTOR AT HIS CONGREGATION.

YOUNG: OKAY. SO HE WASN'T A PASTOR WHILE HE WAS THE LIEUTENANT OVER

DONNELLY: CORRECT.

YOUNG: OKAY. DID HE DISCLOSE TO YOU AND ERIC HAINES THIS EXTRA MARITAL AFFAIR AND NO LONGER BEING A PASTOR?

DONNELLY: NO.

YOUNG: OKAY. SO HE JUST TALKED ABOUT HIS RELIGIOUS BELIEFS.

DONNELLY: RIGHT. I NEVER ASKED.

YOUNG: AND THAT RELIGION WAS IMPORTANT.

DONNELLY: I KNEW, YES. THAT HE WOULD LIKE TO SOME DAY GET BACK INTO IT. HE HAS ALWAYS TALKED ABOUT SOME DAY GETTING BACK INTO BEING A PASTOR.

YOUNG: OKAY. DID ERIC HAINES TALK OPENLY ABOUT HIS RELIGIOUS BELIEFS?

DONNELLY: YES.

YOUNG: DID YOU EVER HEAR ERIC HAINES AND JERRY COX HAVE A CONVERSATION ABOUT ERIC HAINES' BELIEFS PREVENTING WOMEN FROM BEING IN LAW ENFORCEMENT, OR THAT BECAUSE OF THE BIBLICAL VIEWS THAT WOMEN SHOULD NOT BE IN POSITION OF POWER?

DONNELLY: I REMEMBER CONVERSATIONS OF HOW THE BIBLE TALKED ABOUT STRUCTURE IN THE FAMILY AND GOD BEING NUMBER ONE, THE MAN 58 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BEING TWO, THE WOMAN BEING THREE AND CHILDREN BEING FOUR. I REMEMBER THEM CONSTANT, UH BRINGING UP THE, HOW THE BIBLE LOOKED AT IT RELIGIOUSLY AND SPIRITUALLY. I'VE HEARD THEM HAVE THAT CONVERSATION, YES.

YOUNG: WAS ANYBODY ELSE PRESENT?

DONNELLY: WITHIN EARSHOT, I COULDN'T, I DON'T, I DON'T KNOW. I MEAN, WE DID HAVE CLOSED DOOR DISCUSSION. WE TALKED IN THE HALLWAYS, WE TALKED OUT TO LUNCH. BUT I, I DON'T RECALL US LIKE, IT WASN'T STAFF MEETING STUFF AND IT WASN'T WHILE WE WERE TEACHING CLASS, NONE OF THAT STUFF WAS BROUGHT UP. (INAUDIBLE) REGULAR

YOUNG: SO THESE CONVERSATIONS WERE ON THE FRIENDSHIP LEVEL, NOT THE PROFESSIONAL LEVEL?

DONNELLY: RIGHT. WATER COOLER

YOUNG: SO DID ERIC HAINES IN THE CONTEXT OF THOSE CONVERSATIONS, STATE THAT HE DIDN'T FEEL WOMEN SHOULD BE IN POSITIONS OF LAW ENFORCEMENT?

DONNELLY: I, NO. I NEVER HEARD ERIC, I NEVER HEARD HIM SAY THOSE STATEMENTS.

YOUNG: DID YOU EVER JERRY COX CORRECT ERIC HAINES AND TELL HIM THAT NOT, THAT'S NOT HOW THE SCRIPTURE READ OR NO, EVEN THOUGH THE SCRIPTURE READS THIS WAY, WOMEN SHOULD BE ALLOWED TO BE IN THE SHERIFF'S OFFICE?

DONNELLY: I DON'T REMEMBER, IT WOULD, IT WAS NEVER A, THE CONVERSATIONS I REMEMBER ABOUT ALL THIS, WASN'T ARGUMENTS OF HEY THIS IS WRONG, THIS WAS ARGUMENT, THIS, THIS WAS TALK OF JUST GUYS TALKING CASUALLY ABOUT RELIGION. IT WASN'T HEY I'M BRINGING THIS TO YOUR ATTENTION. I THINK THIS IS WRONG AND THEN LIEUTENANT COX COMING BACK SA YING NO, WE'RE GONNA LET WOMEN, IT, IT NEVER TRANSPIRED THAT WAY WHILE I WAS PART OF THE GROUP. UH, ERIC NEVER CAME OFF TO ME AS HIM, WOMEN BEING INFERIOR TO MEN AND JERRY COX HAVING TO TELL HIM NO, THIS IS HOW IT'S GONNA BE. IT, THERE WAS NEVER THAT KIND OF DISCUSSION 59 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

WHILE I WAS PRESENT WITH THEM

Deputy Donnelly was provided the affidavit of Jerry Cox and read portions out loud while giving his response:

YOUNG: OKAY. SO WE'LL CONTINUE AND MOVE ON TO NUMBERS THIRTEEN AND FOURTEEN ALSO. THESE WERE TAGGED BY DEPUTY BARBER AS CONTRIBUTING TO CHIEF ERIC HAINES' DISCRIMINATORY VIEWS TOWARDS WOMEN. IF YOU COULD READ THOSE AND TELL ME ARE YOU A WARE OF HIM MAKING THOSE STATEMENTS TO YOU OR TO JERRY COX OR JERRY COX TELLING YOU THAT HE HAD A PROBLEM WITH THESE STATEMENTS THAT ERIC HAINES MADE?

DONNELLY: THIRTEEN, HAINES COMMENTED, COMMENTS WERE DIRECTED AT LAURA MONTOYA AND HER TRANSFER, TRANSFER TO TRAINING, WHERE SHE WAS SLOTTED TO SUPERVISE MALES. NO I NEVER HEARD HAINES HAVE CONVERSATIONS WITH JERRY ABOUT HOW LAURA MONTOYA UHM SHOULDN'T BE OVER MALE SUPERVISORS, BE A SUPERVISOR OVER MALES. FOURTEEN TRAINING, HAINES INSISTED HE WOULD NOT WORK WITH LAURA MONTOYA, NOT SUPERVISE TRAINING OF MALE OFFICERS, I REMINDED HIM THAT I WAS HIS SUPERVISOR AND THAT HE WOULD FOLLOW MY ORDERS. NO, I REMEMBER FROM THE TIME MONTOYA WAS IN TRAINING, I REMEMBER THAT HAINES AND I, CHIEF HAINES, WELL ERIC HAINES AT THE TIME AND I WERE NOT HAPPY WITH LAURA MONTOYA, NOT BECAUSE SHE WAS A FEMALE, IT WAS BECAUSE UH I HAD TO COVER A LOT OF HER CLASSES FOR HER AND DO A LOT OF TEACHING FOR HER BECAUSE SHEWAS DOING SCHOOL WORK OR COMING IN LATE FOR WHAT REASONS, I DON'T KNOW. UHM, BUT I KNEW THAT HAINES AND I HAD TO COVER A LOT OF HER BLOCK TRAINING CLASSES AND HER F.T.O. TEACHING/TRAINING CLASSES. THAT'S (INAUDIBLE). THAT'S A PROBLEM THAT I KNOW HAINES AND I HAD WITH MONTOYA BEING IN TRAINING WAS WE WERE CARRYING THE, THE WORK LOAD AND IT JUST SEEMED LIKE THERE WAS NO END TOIT.

YOUNG: SO HE HAD TWO EMPLOYEES COMPLAINING THAT ONE OF HIS EMPLOYEES WAS NOT PERFORMING TO THE LEVEL. DURING THESE COMPLAINTS, DID YOU EVER HEAR ERIC HAINES SAY, SHE'S NOT 60 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

CARRYING HER LOAD BECAUSE SHE'S A FEMALE OR SHE CAN'T DO IT BECAUSE SHE DOESN'T KNOW WHAT SHE'S DOING BECAUSE SHE'S A FEMALE.

DONNELLY: NO THERE, GENDER, SEX, UH RACE RELIGION HAD NOTHING TO DO WITH WHY WE WEREN'T HAPPY COVERING HER WORKLOAD.

YOUNG: HAVE YOU EVER HEARD ERIC HAINES TALK DISPARAGINGLY ABOUT WOMEN?

DONNELLY: NO.

YOUNG: HAVE YOU EVER HEARD ERIC HAINES SAY THAT WOMEN CAN'T DO THE JOB BECAUSE THEY'RE FEMALES?

DONNELLY: NO.

While speaking with Sergeant Tyree, he stated the following regarding his knowledge of Chief Haines and his alleged discriminatory animus towards women in the workplace:

YOUNG: HAS CHIEF HAINES EVER EXPRESSED TO YOU ANY OF HIS RELIGIOUS BELIEFS FORBIDDING WOMEN FROM HOLDING AUTHORITY POSITIONS?

TYREE: NO

YOUNG: HAS LIEUTENANT BARBER EVER EXPRESSED TO YOU THAT SHE FELT LIKE SHE COULDN'T BE A SUPERVISOR BECAUSE OF CHIEF HAINES' RELIGIOUS BELIEFS?

TYREE: NO, I DON'T REMEMBER THAT COMING UP. NO.

YOUNG: SHE'S A LIEUTENANT, RIGHT?

TYREE: SHE IS.

YOUNG: OKAY. BASED UPON YOUR KNOWLEDGE, ARE YOU A WARE OF HIS RELIGIOUS BELIEFS TO HAVINO EFFECTED WOMEN IN THE WORKPLACE?

TYREE: NO

YOUNG: WHAT ABOUT HOLDING POSITIONS OF AUTHORITY?

61 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

TYREE: NO

YOUNG: ARE YOU AWARE OF ANY FEMALE THAT'S BEEN DENIED A PROMOTION BECAUSE OF HER GENDER?

TYREE: NO

YOUNG: AND IS THAT A SIDE OF THE HOUSE THAT CHIEF HAINES IS OVER AND ACTUALLY INVOLVED IN FROM THE IMPLEMENTATION OF THE TEST AND THE PROMOTIONAL PROCESS?

TYREE: I THINK SO. AND, AND A COMMANDER AND THE COLONEL ARE BOTH FEMALE.

Based upon Barber's statement that Sergeant Newton and Chief Haines were friends and spoke all the time, I asked Newton the following:

YOUNG: DO YOU HAVE ANY KNOWLEDGE OF HIS RELIGIOUS BELIEFS AFFECTING WOMEN IN THE WORK PLACE?

NEWTON: NO.

YOUNG: WHAT ABOUT AFFECTING ANY WOMEN IN AUTHORITY POSITIONS?

NEWTON: NO.

YOUNG: HAS HE EVER EXPRESSED TO YOU THAT HIS RELIGIOUS BELIEFS, HE DOESN'T FEEL THAT WOMEN SHOULD HOLD POSITIONS OF AUTHORITY?

NEWTON: NO.

I asked Sergeant Peterson about any experiences of gender bias or discrimination she may have endured by Chief Haines as a female supervisor:

YOUNG: HA VE YOU HAD TO WORK WITH CHIEF HAINES ANY?

PETERSON: NO. I MEAN OTHER THANSAYINGGOODMORNINGOR WHATEVER, NO, NOT, NOT UNDER, UNDER HIM DIRECTLY.

YOUNG: HA VE YOU EVER FELT ANY HOSTILITY OR DISCRIMINATION OR UNEASINESS AROUND HIM? 62 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

PETERSON: NO, I HAVEN'T.

YOUNG: HAVE YOU EVER EXPERIENCED ANY OF THOSE ACTIONS FROM ANYBODY AT THE SHERIFF'S OFFICE, OTHER THAN YOUR COMPLAINANT IN YOUR INTERNAL AFFAIRS?

PETERSON: UH, NO, ACTUALLY. I'VE, I'VE NEVER, I'VE BEEN VERY FORTUNATE. I'VE WORKED WITH REALLY GOOD MEN AND WOMEN, SO I'VE NEVER ENCOUNTERED ANYTHING LIKE THAT.

YOUNG: IN YOUR OPINION, DO YOU THINK THE SHERIFF'S OFFICE ROUTINELY OPERATES IN AN UNFAIR AND GENDER BIASED DISCRIMINATORY FASHION?

PETERSON: IN MY OPINION?

YOUNG: YES.

PETERSON: I MEAN, I'VE NEVER EXPERIENCED IT, SO PERSONALLY, SO I, AND YOU KNOW AND I DON'T, IS THAT FAIR, I DON'T REALLY, I CAN'T REALLY KIND OF GIVE AN A YES OR NO IF I HAVEN'T EXPERIENCED IT MYSELF. I MEAN WE ALL PUT IN FOR THINGS AND WE ALL WANT TO GO PLACES, AND WE MIGHT NOT GET IT. BUT THAT DON'T MEAN THEY HATE US SO MUCH. IT JUST MEANS YOU DIDN'T GET, KEEP TRYING.

As another female in a supervisory position, I spoke to Commander Yuhasz reference holding authority positions over males:

YOUNG: NOW ANY OF YOUR RANK PROMOTIONS, WERE THESE DONE WHILE YOU WORKED DIRECTLY FOR CHIEF HAINES?

YUHASZ: YES. FIRST LIEUTENANT, CAPTAIN, AND COMMANDER.

YOUNG: AND IN THESE POSITIONS DO YOU HA VE AUTHORITY OVER MEN AND WOMEN?

YUHASZ: YES.

YOUNG: HAVE YOU EVER FELT AT ANY POINT THAT CHIEF HAINES TRIED TO 63 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

HOLD YOU BACK OR INTERFERE OR PREVENT YOU FROM PROMOTING AND HAYING THESE POSITIONS OF AUTHORITY?

YUHASZ: NO.

YOUNG: OKAY. ARE YOU AWARE OF CHIEF HAINES BEING DISCRIMINATORY OR PICKING ON ANYBODY ELSE FOR THEIR GENDER OR, OR WHETHER HE DIDN'T LIKE THEM, THOUGHT (INAUDIBLE) SAME RELIGIOUS BELIEFS OR ANYTHING OF THAT NATURE THAT HAVE MADE F ACEBOOK POSTS?

YUHASZ: NO.

PITTMAN: UH AT ANY TIME DID, UH DURING YOUR TENURE AS COMMANDER, FIRST LIEUTENANT, CAPTAIN, UH IN ANY INTERACTIONS WITH CHIEF HAINES, WAS HE EVER, MADE ANY COMMENTS THAT WERE DEROGATORY AS FAR AS UH COMMENTS TO YOU ABOUT FEMALES OR EVEN ABOUT YOU BEING A FEMALE IN, IN A WORK ENVIRONMENT, UH GENDER BIAS OR ANYTHING LIKE THAT?

YUHASZ: NO.

Due to Matthews working for Chief Haines for a time while assigned to Internal Affairs, I asked Matthews the following:

YOUNG: DO HA VE ANY KNOWLEDGE OF CHIEF HAINES' RELIGIOUS BELIEFS FORBIDDING WOMEN FROM HOLDING POSITIONS OF AUTHORITY?

MATTHEWS: I'VE NEVER HEARD THAT BEFORE.

YOUNG: DO YOU KNOW OF HIS RELIGIOUS BELIEFS AFFECTING ANYBODY HOLDING ANY POSITION AS A FEMALE IN THE SHERIFF'S OFFICE?

MATTHEWS: NO. I'VE NEVER SEEN THAT.

Lastly, I asked Lieutenant Holland:

YOUNG: HAVE YOU EVER HEARD FROM ANYBODY ON YOUR SHIFT, MALE OR FEMALE, EXPRESS TO YOU THAT THEY FEEL LIKE HE HAS DISCRIMINATED AGAINST THEM IN ANYWAY, EITHER FOR GENDER OR RACE OR SEX OR ANYTHING OF THAT NATURE?

64 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

HOLLAND: NO

YOUNG: HAVE YOU EVER BEEN TOLD BY ANY OTHER SUPERVISOR IN THE AGENCY THAT THEY'VE HAD SOMEONE COME TO THEM AND SAY THAT HE HAS BEEN GENDERL Y BIASED AGAINST THEM?

HOLLAND: NO

As of a July 2, 2019 report, Human Resource records indicate 21 female civilian employees hold supervisory positions. Sworn law enforcement supervisory positions are held by 9 females. 24 of the 30 female supervisory positions are organized under Chief Haines on the Administration side of the Escambia County Sheriffs Office.

Barber informed the Sheriff of the below in her complaint:

"Below are some additional incidents of gender bias or discrimination that you are aware of:

In 2017, I forwarded a memo, via my chain of command, that one of my male sergeants was abusing sick leave and had failed to show up for work on several occasions without proper notification. I had counseled the sergeant about this, but he persisted. I was told that I could not proceed with progressive discipline, or charge him with insubordination, and he was transferred from my shift. Chief Haines was aware of this incident. Laura Montoya was treated the same way when she tried to discipline a male subordinate employee".

Barber stated she had a problem with Sergeant Christian Coad abusing sick leave. She informed Greer of this policy violation and told him she was going to counsel Coad. Greer told her his new supervisor was going to take care of it, but she was told "I could still counsel him ifI wanted to, but he was aware ofeverything, he was gonna take care of it, I was like that's fine as long as where he's going is gonna stay on top of it like I have, so I didn't do anything with Coad" I asked Barber:

YOUNG: OKAY. AND THEN THE ROUTE THAT YOU DECIDED TO GO WITH COAD, WHEN HE TRANSFERRED YOU WERE IN AGREEMENT WITH YOU HAD NO ISSUES AND YOU DIDN'T FEEL LIKE YOU WERE BEING STOPPED FROM HANDLING IT HOW YOU WANTED?

BARBER: RIGHT, RIGHT. BECAUSE HE TOLD ME, YOU CAN GO AHEAD AND COUNSEL HIM IF YOU WANT TO, BUT HIS NEW SUPERVISOR, I MEAN 65 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

AFTER THOSE, LIKE HE WOULD CHANGE IT WHEN I TOLD HIM, BUT THERE WAS JUST ONE DAY THAT I CAUGHT HIM THAT HE DIDN'T CHANGE IT I THINK OR SOMETHING. IT'S BEEN SO LONG, THAT I CAN'T REMEMBER NOW. HE'S BEEN TRANSFERRED QUITE A WHILE AND UHM, AND THAT WAS IT. SO IT WASN'T TO THE POINT OF HOYLAND'S, WHEN HE GOT TRANSFERRED. SO

Regarding Sergeant Michael Hoyland, Barber stated she pulled up next to Sergeant Delarian Wiggins on a weekend when she didn't hear Hoyland on the radio. She asked Wiggins if Sergeant Hoyland was off for the day. She thought he stated yes, however, towards the end of the shift or the next day, she checked the calendar book and did not see him scheduled off.

BARBER: "AND UHM, IF I WOULD'VE KNOWN, I WOULD'VE CALLED HIM BUT I HAD NO CLUE, I JUST HONESTLY THOUGHT DELARIAN SAID YES, AND THEN I CHECKED THE BOOK AND HE WASN'T IN THERE. SO UHM THAT HAPPENED LIKE ANOTHER TIME AND I, I TALKED TO HIM AT ONE POINT AND HE GOT VERY PISSY IS THE ONLY WORD I CAN USE FOR IT. I CAN'T THINK OF ANYTHING NICER. BUT I SAID, LOOK, HE SAID, SOMETHING ABOUT I TELL DELARIAN OR SOMETHING AND I SAID, DELARIAN IS NOT YOUR SUPERVISOR AND I SAID, LOOK, IF YOU JUST PUT IT IN THE BOOK I DON'T CARE WHEN YOU TAKE OFF. IF YOU PUT IT IN THE BOOK, HE, THEY KNEW I CHECKED THE BOOK, YOU KNOW THERE WON'T BE A PROBLEM AND I SAID JUST PUT IT IN THE BOOK. AND SO HE DID IT ONE MORE TIME AFTER THAT AND IT SEEMED LIKE EVERY TIME IT WAS A WEEKEND DAY WHEN I DIDN'T GO IN AND LOOK AT THE DARN BOOK.

BARBER: WELL IT WAS, WELL HE, ONE TIME HE WAS SCHEDULED OFF ON VACATION, AND UHM, OR HE CALLED IN SICK I THINK ONE TIME AND HE HAD BEEN OUT UH, YOU KNOW CLIMBING THE MOUNTAINS WITH A BUNCH OF GUYS FROM WORK. AND THEN ANOTHER TIME UHM, AND I, I THINK MAYBE THAT WAS LIKE THE END OF THE TRIP OR THE DAY HE WOULD'VE UHM BEEN COMING BACK, SO I WAS LIKE, WELL THAT'S KIND OF IFFY, I CAN'T PROVE HE WASN'T SICK THAT DAY OR WHATEVER. SO THEN HE DID IT AGAIN, ANOTHER WEEK WHERE HE PUT IN SICK LEA VE AND HE WAS ON THE BOOK TO BE OFF I THINK AND I LOOK ON F ACEBOOK AND HE'S POSTING ALL THESE PICTURES OF HIM DRIVING TO NEW ORLEANS AND SIGHTSEEING ALL OVER NEW ORLEANS. I'M LIKE, YOU CAN'T USE SICK LEA VE. SO LOW AND BEHOLD, UHM HE HAD BEEN TRANSFERRED TO THE SOUTH END UHM 66 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

ABOUT THAT TIME WHEN I GOT THE LETTER TOGETHER AND THEY TOLD ME TO GO TALK TO HIM OR WHATEVER. I SENT, I SENT THE PACKET TO GREER TO BAIN, WHOEVER IT WENT TO BACK THEN. AND UHM, SO HE ENDED UP BRINGING IN A DOCTOR'S NOTE, WHICH HE CAN GET WHENEVER HE WANTS. BUT THAT HAD NOTHING TO DO WITH HIM NOT SHOWING UP. I SAID, LOOK HE JUST DIDN'T SHOW UP FOR WORK. THEY WOULDN'T LET ME PUNISH HIM. SO

YOUNG: SO DID TOM GREER TELL YOU THAT CHIEF HAINES SAID YOU COULD NOT DISCIPLINE HIM?

BARBER: I, I THINK IT CAME LIKE CHIEF HAINES TOLD BAIN TO, OR YOU KNOW, THEY HAD TALKED TO H.R. TOO, AND BECAUSE HE HAD A DOCTOR'S NOTE, I'M LIKE THAT DOESN'T EXCUSE, BUT I'M LIKE WHATEVER, YOU'RE THE BOSS. SO, SUPPOSEDLY EVERYTHING WENT TO THE CHIEF AND THE CHIEF, IT CAME BACK DOWN, LIKE THE CHAIN.

YOUNG: YEAH, AND THE REASON THEY'RE SA YING YOU COULD NOT WRITE HIM UP IS BECAUSE HE HAD THE DOCTOR'S NOTE?

BARBER: YES. BUT AS FAR AS I KNOW, THE DOCTOR'S NOTE WAS ONLY FOR THE TRIP TO NEW ORLEANS. UHM

YOUNG: DID YOU WRITE IT UP TO COMBINE ALL OF HIS ABSENCES

BARBER: YES. I BELIEVE I PUT

YOUNG: INTO ONE GROUP.

BARBER: YEAH. I, AS FAR AS I RECALL I LISTED THE DATES AND WHAT HAPPENED (INAUDIBLE)

During my conversation with Greer regarding Coad, he stated:

YOUNG: ARE YOU AWARE OF HER MAKING ANY COMPLAINTS TO YOU THAT SHE WASN'T ABLE TO DISCIPLINE OR HANDLE HIM AS SHE FELT APPROPRIATE?

GREER: AGAIN, TWO YEARS AGO, BUT I THINK IF WE'D HA VE HAD AN 67 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

INFLAMMATORY CONVERSATION ABOUT IT, I WOULD REMEMBER IT. BUT I DON'T REMEMBER HER COMING TO ME AND BEING PISSED THAT SHE COULDN'T DISCIPLINE COAD, BECAUSE THE REALITY IS, HAD HE BEEN VIOLATING THE POLICY TO THE EXTENT WHERE WE COULD PROVE THE MISUSE OF SICK LEAVE, THEN HE WOULD'VE BEEN DISCIPLINED.

YOUNG: (INAUDIBLE) TO SERGEANT HOYLAND. DID SHE HAVE A LEAVE OR ATTENDANCE PROBLEM WITH HIM?

GREER: LIEUTENANT BARBER CAME TO ME AND IT WAS IN, GOLLY I THINK MARCH OF THAT YEAR, YOU'D HAVE TO LOOK AT THE LETTER OF COUNSELING THAT SERGEANT HOYLAND RECEIVED. UHM HE HAD PUT IN FOR, AND I BELIEVE IT WAS ON A WEEKEND, UHM SHE SHOWED ME THE CALENDAR THAT HE HAD PUT IN FOR DAYS OFF PRIOR TO THE NUMBERS CHANGING, WHEN HE WAS, I THINK HE WAS SIXTY-EIGHT AT THE TIME, I COULD BE WRONG ABOUT MY NUMBER, BUT PRIOR TO THE NUMBERS CHANGING, UHM HE BECAME SIXTY-THREE AND ALL THE DATES THAT HE HAD PUT IN FOR, HE SCRATCHED OUT AND PUT HIS NEW RADIO NUMBER. ON ONE OF THOSE DATES, UHM HE WAS AT A, HE FACE BOOKED A PICTURE, GOOD OLD F ACEBOOK, AT IT AGAIN UH THAT HE WAS AT A BASEBALL GAME. SO TAMA CAME TO ME AND SHE SAID, UHM HERE'S WHAT HAPPENED, I SAID WELL, I SAID THEN YOU NEED TO DO A LITTLE RESEARCH AND SEE IF THIS A MISUSE OF SICK LEAVE. IS HE DOING THIS A LOT? UHM AND I DON'T REMEMBER EXACTLY HOW MANY DAYS HE GOT DINGED WITH, I THINK HE JUST GOT DINGED WITH THAT ONE DAY, BUT FOR SOME REASON I REMEMBER THERE WAS ANOTHER DATE IN APRIL, UH THAT WAS IN QUESTION.

YOUNG: AND WHAT YEAR WAS THIS?

GREER: IT MUST'VE BEEN MARCH OF SEVENTEEN, MAYBE. WELL IT SAYS IN TWO THOUSAND SEVENTEEN, BUT I WANT TO SAY IT WAS IN MARCH AND APRIL. BUT YOU CAN PULL UP HOYLAND'S UHM LETTER OF COUNSELING. THE PROBLEM WAS IS THAT BAIN TOLD ME TO QUIT MEDDLING. HE SAID QUIT DIGGING, HE GOT HIS LETTER OF COUNSELING, THAT'S IT.

68 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: DID YOU EVER COME BACK AND TELL HER THAT SHE WAS NOT ALLOWED TO WRITE HIM UP?

GREER: I DON'T KNOW IF I HAD TOLD HER ABOUT THE CONVERSATION THAT BAIN HAD WITH ME OR NOT. BECAUSE HE'S THE ONE THAT STOPPED ANY FURTHER INVESTIGATION INTO THAT.

YOUNG: DID CHIEF HAINES HAVE INVOLVEMENT WITH COMMANDER CUSTER OR YOU REGARDING SERGEANT HOYLAND

GREER: NOT TO MY KNOWLEDGE, NO.

YOUNG: AND THE DISCIPLINE? DID CHIEF HAINES EVER TELL YOU TO LEA VE HIM ALONE AND NOT MESS WITH HIM BECAUSE THEY WERE FRIENDS?

GREER: NO.

YOUNG: DID CHIEF HAINES EVER GIVE ANY INDICATION TO YOU OR COMMANDER CUSTER NOT TO DISCIPLINE HIM BECAUSE HEWAS A MALE SERGEANT?

GREER: NO.

I asked Greer about the disciplinary packets enacted by Custer. Greer stated:

YOUNG: THERE WAS A MENTION THAT A LIEUTENANTS MEETING OCCURRED AND IT WAS HEADED BY COMMANDER CUSTER AND IN THIS PARTICULAR MEETING, COMMANDER CUSTER TOLD ALL THE LIEUTENANTS THAT A DISCIPLINE PACKET WOULD HAVE TO BE CREATED AND SUBMITTED UP THE CHAIN OF COMMAND BECAUSE CHIEF ERIC HAINES DID NOT LIKE THEWA Y YOU GUYS DISCIPLINED THE PEOPLE ON YOUR SHIFT. IT WAS STATED THAT COMMANDER CUSTER SAID BECAUSE CHIEF HAINES WAS INVOLVED AND HAS HANDS IN EVERYBODY'S DISCIPLINE, THAT THE LIEUTENANTS WERE NOW GONNA HAVE TO SEND THEM TO Y A'LL FIRST, YOU WOULD REVIEW IT AND DECIDE WHETHER DISCIPLINE WAS APPROPRIATE OR NOT, AND WHAT KIND.

69 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: I DON'T REMEMBER THE

YOUNG: (INAUDIBLE)

GREER: YEAH, I REMEMBER THE DAMN DISCIPLINE PACKETS. UHM, AND IT WAS UHM BAIN'S EXASPERATION WITH HAVING THINGS KICKED BACK FROM CHIEF HAINES THAT PROMPTED THOSE DISCIPLINE PACKETS. WHAT ELSE DO YOU WANT TO KNOW?

YOUNG: GIVE ME EXAMPLES OF DISCIPLINE THAT WAS KICKED BACK FROM CHIEF HAINES.

GREER: OH MY GOD. UHM, YOU BETTER PULL THE FILES. I, I CAN'T STATE SPECIFICS MINDY. IT WAS ACROSS THE BOARD. UHM, BUT BAIN JUST GOT SO FED UP WITH HAVING STUFF KICKED BACK, THAT HE SAID, THIS IS WHAT WE'RE GONNA DO FROM NOW ON. AND CAPTAIN HALL AND I SAID, WELL CAPTAIN DIXON AT THE TIME, SAID OH OKAY.

PITTMAN: SO IT WAS MALE AND FEMALES ALIKE THAT WERE BEING DISCIPLINED.

GREER: YEAH.

PITTMAN: EVERYBODY.

GREER: IT WAS ACROSS PATROL.

PITTMAN: EVERYBODY WAS BEING, EVERYTHING WAS GETTING KICKED BACK.

GREER: YES.

PITTMAN: OKAY. NOBODY SINGLED OUT? GREER: NO.

PITTMAN: OKAY.

YOUNG: WERE THE KICK BACKS DUE TO TRUE ERRORS AND INCONSISTENCIES AMONG THE PAPERWORK THAT THE PERSON WAS BEING DISCIPLINED FOR? 70 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: UHM I CAN ONLY ASSUME THIS THAT THE STANDARD, AGAIN, LIKE I SAID, CHIEF HAINES KNOWS ALL ABOUT THE DISCIPLINE. HE'S BEEN THERE FOR WHAT, EIGHT YEARS OR WHATEVER. UHM, HE'S THE HISTORIAN. UHM, SO I CAN ONLY ASSUME THAT EITHER YOU MISSPELLED A WORD AND WE MISSED IT OR THE DISCIPLINE WAS NOT CONSISTENT WITH WHAT WE HAD DONE IN THE PAST, AND THAT'S WHY IT GOT KICKED BACK. THOSE ARE THE ONLY TWO REASONS THEY'D BE KICKED BACK.

YOUNG: SO YOU DIDN'T FEEL THAT THE DISCIPLINE WAS BEING KICKED BACK BECAUSE THE CHIEF LIKED DEPUTY A AND HE DIDN'T THINK THEY SHOULD BE GIVEN A LETTER OF REPRIMAND, SO HE'S GONNA SEND IT BACK AND DEMAND IT BE LOWERED TO A LETTER OF COUNSELING. BUT THEN, IF DEPUTY B, HE DIDN'T LIKE, HE'S SENDS IT BACK AND SAYS I WANT THEM TO BE SUSPENDED.

GREER: I DON'T, I DON'T THINK I CAN MAKE THAT ARGUMENT THAT HE WAS DOING THAT.

YOUNG: DID THE DISCIPLINE PACKETS WORK?

GREER: WELL IT PISSED THE LIEUTENANTS OFF, OH YEAH. UHM, IT GOT TO THE POINT WHERE WE WERE DOING THEM AND UHM I CAN'T REMEMBER EXACTLY HOW, EXCUSE ME, UHM CHIEF HAINES SAID IT TO COMMANDER CUSTER. I DON'T KNOW IF HE SAID HEY, YOU DON'T NEED TO DO THESE OR WHY THE HELL ARE YA'LL DOING THESE; I DON'T REMEMBER. BUT IT CAME DOWN TO THE POINT WE'RE NOT DOING THEM ANYMORE AND I, THERE WAS CONVERSATION BETWEEN HE AND, HE AND BAIN, BUT I DON'T REMEMBER THE GIST OF THE CONVERSATION.

YOUNG: SO CHIEF HAINES DIDN'T FEEL LIKE THEY WERE OVER THE TOP AND (INAUDIBLE)

GREER: I THINK HE QUESTIONED WHY WE WERE DOING THEM.

YOUNG: AND YOU KNOW THIS BECAUSE BAIN TOLD YOU THIS?

71 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: BAIN WAS THE ONE THAT SAID, CHIEF HAINES BASICALLY IN A NUTSHELL, SAID WE DON'T NEED TO DO THESE, OR WHY ARE WE DOING IT, I DON'T REMEMBER EXACTLY HOW HE SAID IT, BUT IT WAS FROM CHIEF HAINES TO BAIN, YOU KNOW YOU DON'T NEED TO DISCIPLINE PACKETS.

I inquired as to whether Sergeant Hoyland was ever written up by Barber and she stated:

YOUNG: SO HAVE, DID YOU EVER WRITE MIKE HOYLAND UP WHEN HE WAS ON YOUR SHIFT FOR ANYTHING?

BARBER: NO. I DON'T THINK SO. UHM AND I DON'T, UNLESS HE HAD AN ACCIDENT OR SOMETHING. I CAN'T THINK OF

YOUNG: RIGHT.

BARBER: ANYTHING ELSE.

YOUNG: DID YOU EVER WRITE CHRIS COAD UP?

BARBER: OH GOSH, I, I THINK, I'M NOT SURE. SEEMS LIKE I'VE HAD TO WRITE LIKE EVERY ONE OF MY SERGEANTS UP BEFORE, BUT A LOT OF TIMES IT'S ACCIDENTS. UHM, NO, COAD MIGHT'VE, I DON'T KNOW. COAD MIGHT'VE HAD SOMETHING ELSE TOO. BUT, I, YOU'D LITERALLY HA VE TO LOOK IT UP.

YOUNG: SO THE OTHER TIMES YOU WERE ABLE TO DISCIPLINE YOUR SERGEANTS, DID YOU EVER ENCOUNTER ANY RESISTANCE OR DIRECT ORDERS THAT YOU WERE NOT ALLOWED TO WRITE THEM UP?

BARBER: NO.

YOUNG: ONLY IN THIS SITUATION.

BARBER: RIGHT.

YOUNG: OKAY. YOU REFERENCED PROGRESSIVE DISCIPLINE IN THERE, ARE

72 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOU ENCOMPASSING THE PROGRESSIVE DISCIPLINE

BARBER: WHERE ARE WE AT?

YOUNG: SAME PARAGRAPH.

BARBER: OKAY.

YOUNG: ARE YOU ENCOMPASSING THAT TERMINOLOGY IN HOYLAND'S BECAUSE IT WAS

BARBER: OH, YOU'RE RIGHT. I DID COUNSEL, IT'S IN HERE. I DID COUNSEL HIM BEFORE. AND, AND THEN HE DID IT AGAIN. AND THAT'S WHY I TOLD THEM IT'S AT LEAST UHM INSUBORDINATION BECAUSE I, I WROTE IN THERE HE HAD, BUT THEY WERE LIKE OH YOU DIDN'T PUT THE SPECIFIC WORDING SO YOU CAN'T GET HIM FOR INSUBORDINATION. PEOPLE HAVE BEEN GOTTEN AND CHARGED, CHARGED WITH INSUBORDINATION FOR WAY LESS THAN THAT TOO. AND UHM SO I DID COUNSEL HOYLAND ON THAT.

YOUNG: OKAY. AND YDU FEEL LIKE YOU WERE BEING GENDER BIASED, DISCRIMINATED BECAUSE OF THIS INCIDENT WITH SERGEANT HOYLAND AND THE DISCIPLINE?

BARBER: I DON'T KNOW WHY I WASN'T ALLOWED TO DISCIPLINE HIM, BUT I KNOW THAT HE WAS ALWAYS CONSIDERED A FAVORITE AND IT'S ALWAYS BEEN SAID PEOPLE TAKE CARE OF HIM. SO

YOUNG: WHO SAID HEWAS AFA VO RITE?

BARBER: EVERYBODY SAYS THAT.

YOUNG: AND WHO IS EVERYBODY?

BARBER: EVERYBODY. EVERYBODY YOU TALK TO. I, I CAN'T GIVE YOU SPECIFIC NAMES BECAUSE I'VE HEARD THAT FOR YEARS.

YOUNG: WHY WOULD HE BE CONSIDERED AFA VO RITE?

73 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: I DON'T KNOW. I DON'T THINK HE DID A GOOD JOB FOR ME.

On February 9, 2017, Hoyland was issued a letter of counseling from Barber for violation of General Order 213 (2) 6 concerning proper notification when absent from duty. On September 18, 2016, Barber also issued Hoyland a Written Reprimand for violation of Standards of Conduct 213. 3. 52, Damage to County Owned Motor Vehicles. Hoyland used sick leave five times from March 18, 2017 to April 28, 2017. Barber approved his timesheets one time during this period on May 12, 2017. Hoyland was transferred 3 days later. Hoyland provided a doctor's note for March 20, 21, and April 23, 2017. Barber stated she was aware "uhm, I had heard ofone time he went on a gig and he was throwing up in the bushes because ofhis problem and uhm, but he was still working his gig." Barber, Greer and Hoyland were all assigned under Operations on the organizational chart. This division's chain of command is Chief Deputy Chip Simmons. Barber spoke about Hoyland being transferred during the time frame she was pursuing progressive discipline. Barber stated "she has no idea who would issue Coad and Hoyland's orders and she only finds out about transfers when she gets emails like everybody else." Hoyland was transferred on May 15, 2017. This order was initiated on a Staff Summary sheet issued by Colonel Robert Quinata and signed off by Commander Custer, Commander Jackson and Chief Simmons. Coad was transferred on July 11, 2016. This order was initiated on Staff Summary sheet issued by then Colonel Custer and signed off by Colonel Steve Hardy, Commander Weston, Chief Haines and Sheriff Morgan. I asked Barber if she could explain how Chief Haines was involved in Montoya not being able to discipline her male employee. Barber replied, "Like I said, I didn't ask her a lot of questions, those questions you would have to ask her to get from her court case." I asked Lieutenant Holland, Sergeant Newton, and Lieutenant Matthews if they have ever been told or if they have ever told anyone else a subordinate couldn't be disciplined per the direction of Chief Haines. They all stated they have always had complete decision making authority over deciding discipline and have never had any interference from Chief Haines. I asked Barber if she had other supervisors on her shift she had to discipline. Barber stated she has had Sergeant Hoyland, Sergeant Coad, Sergeant David Brown, Sergeant Delarian Wiggins, and Sergeant Tony Tampary. I asked if she had ever received any kickback or interference on discipline for them and she stated "no."

Barber reported to Sheriff Morgan the following:

"In June, 2018, it was reported by a male investigator that there was a hostile work environment within the Unit. The hostile work environment stemmed from a "game" members of the unit were encouraged (by supervisors and fellow officers) to play. This game occurred when an investigator would be given the name of a female employee or another employee's wife, etc., and would then have to answer sexually 74 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

motivated questions about these women. The male supervisors involved were transferred back to patrol and received Letters ofReprimand. None of them were demoted or suspended. This would have been reported via the Staff Summary Sheet that accompanies all discipline files when they are forwarded through the chain of command for review. As such. I trust that you are aware of this misconduct, and the lack of corrective action that was taken".

I asked Barber if she could provide comparisons of how females were disciplined differently than males in similar situations. She stated she was not aware of any comparative scenanos.

Barber followed up with:

BARBER: UHM IT, IT DOESN'T REALLY MATTER, I JUST DON'T THINK THAT FROM WHAT I HAVE HEARD THAT I KNOW OTHER MALE SUPERVISORS THAT HAVE GOTTEN WORSE, LIKE MORE SEVERE PUNISHMENT, BUT THIS INCIDENT, WHICH IS MUCH MORE RECENT, NOTHING REALLY WAS DONE.

YOUNG: SO THERE WAS NO DISCIPLINE OR ANYTHING HANDED DOWN?

BARBER: THE ONLY THING I HEARD ABOUT WAS THEY GOT, THE SUPERVISORS GOT TRANSFERRED. IT DIDN'T HAPPEN RIGHT AWAY LIKE IS WHAT WE'RE SUPPOSED TO DO IS, THE SUPERVISOR IS SUPPOSED TO BE TRANSFERRED RIGHT A WAY, IT DIDN'T HAPPEN. EVENTUALLY THEY WERE. AND THEN I HEARD THAT THEY'RE, AND I DON'T EVEN REMEMBER WHO I HEARD THAT FROM, SORRY. UHM BUT THAT THERE WAS A CLASS GIVEN IN H.R. TO ALL THE PEOPLE IN AND THERE WAS NO CLASS ROSTER, AND THAT WAS ANOTHER WAY THEY HANDLED THE SITUATION. AND I MIGHT'VE ACTUALLY HEARD THAT FROM CATHLEEN, WHO DOESN'T WORK HERE ANYMORE EITHER.

YOUNG: WAS HIS COMPLAINT THAT HE WAS BEING DISCRIMINATED AGAINST?

BARBER: NO. THAT IT WAS A HOSTILE WORK ENVIRONMENT.

YOUNG: OKAY.

BARBER: I MEAN THERE'S, USUALLY ONE FEMALE WORKING IN THERE, WHICH IS 75 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

TO ME, JUST AN ACCIDENT WAITING TO HAPPEN. UHM SO AND I GUESS THESE GAMES WENT ON. IT DIDN'T MATTER WHO WAS AROUND.

YOUNG: AND WHAT DO YOU MEAN BY THAT COMMENT?

BARBER: THEY'RE, YOU WORKED IN THAT UNIT, YOU KNOW HOW, HOW IT WORKS, SO IT'S SAFETY IN NUMBERS. IF YOU HAVE ANOTHER FEMALE THERE, I THINK THEY HAVE SOMEONE THEY CAN RELATE TO AND, AND MAYBE THOSE THINGS WOULDN'T GO ON, YOU KNOW?

YOUNG: BUT ARE YOU INDICATING THAT A FEMALE IS NOT SAFE TO WORK AROUND IT OR NOT (INAUDIBLE)

BARBER: NOT, NOT SAFE, SAFE FROM THIS KIND OF JOKES AND THAT KIND OF STUFF. YOU KNOW I THINK THAT IF THE MALES ARE MAKING THOSE JOKES, AND IT'S ONE FEMALE IN THERE WORKING WITH THEM ALL THE TIME, THEY DON'T FEEL LIKE THEY CAN ST AND UP FOR THEMSELVES OR SAY ANYTHING, A LOT OF THEM, NOW THERE'S SOME THAT WILL. BUT THERE'S MANY THAT WON'T AND SO IF YOU HAD ANOTHER FEMALE IN THERE, I DON'T THINK IT WOULD GO ON AS MUCH. IT'S JUST MY OPINIONS, YOU KNOW.

YOUNG: DID ANY OF THE FEMALES THAT WORKED THERE DURING THAT TIME FRAME COMPLAIN ABOUT THIS?

BARBER: I DON'T KNOW. I DON'T KNOW WHO WAS WORKING THERE THEN. I THINK IT KEPT CHANGING. I THINK THAT WAS WHEN THEY KEPT TRANSFERRING PEOPLE IN AND OUT.

YOUNG: YOU SAID THAT YOU READ SOMETHING ON THIS, DID YOU

BARBER: YEAH, IT'S A LONG YOUNG: WHAT DID YOU READ?

BARBER: SOME LETTER THAT THE MALE INVESTIGATOR SENT. I DON'T REMEMBER HIS NAME BECAUSE I DON'T KNOW HIM.

YOUNG: HOW DID YOU READ THAT LETTER?

76 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: IT WAS SENT TO ME.

YOUNG: HOW?

BARBER: BY SOMEBODY THAT DOESN'T WORK HERE ANYMORE.

YOUNG: AND WHO WAS THAT?

BARBER: UH, I, I BELIEVE PHILIP NIX GA VE IT TO ME, HE DID A PUBLIC RECORDS REQUEST FOR IT.

YOUNG: AND IN THIS LETTER, DID THE MALE OFFICER COMPLAIN OF A HOSTILE WORK ENVIRONMENT BECAUSE HE FELT IT WAS HOSTILE ENVIRONMENT TOWARDS HIM PERSONALLY OR WAS HE DOING ON BEHALF OF OTHER OFFICERS

BARBER: I DON'T KNOW, THE LETTER IS, THE LETTER IS ON FILE. I DON'T REMEMBER EVERYTHING IT SAID AND I JUST SKIMMED THROUGH A LOT OF IT BECAUSE IT'S SO LONG.

YOUNG: AND I CAN APPRECIATE THAT IT'S ON FILE. HOWEVER, YOU USED THIS REFERENCE IN YOUR LETTER

BARBER: RIGHT.

YOUNG: OF THE COMPLAINT AGAINST THE CHIEF.

BARBER: BECAUSE I KNOW YOU GUYS CAN PULL IT UP

YOUNG: AND

BARBER: AND YOU HAVE TO PUT THAT DOCUMENT IN IT, SO IT'D BE BEST TO HA VE THE SOLID ROCK, THE, YOU KNOW THE HARD COPY RATHER THAN GO BY MY MEMORY OF WHAT I READ.

YOUNG: RIGHT. BUT IT'S IMPORTANT THAT YOU EXPLAIN TO US HOW YOU WERE AFFECTED BY THIS

77 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: I DIDN'T SAY I SPECIFICALLY WAS THE ONE BEING DISCRIMINATED AGAINST ON EVERYTHING THAT I'VE MENTIONED HERE. I'M EXPLAINING THE SHERIFF, IF YOU HAVE HIS LETTER, SAID IF YOU KNOW OF ANYTHING, YOU ARE TO TELL ME RIGHT NOW. SO THIS IS WHAT I DID BECAUSE HE ORDERED ME TO. I NEVER SAID CHIEF HAINES DID ALL OF THESE THINGS.

YOUNG: LIEUTENANT BARBER, I CAN APPRECIATE THAT, OKAY. AND I'M ASKING SPECIFIC QUESTIONS BECAUSE IF YOU REFERENCE IT IN THE LETTER, THEN CLEARLY IT'S IMPORTANT ENOUGH AND (INAUDIBLE) CONCERN TO YOU TO PUT IT IN THE LETTER.

BARBER: RIGHT. BUT IT HAS, THIS HAS NOTHING TO DO WITH HAINES THAT I KNOW OF.

YOUNG: SO ONE WOULD THINK IF YOU REFERENCE SOMETHING IN THERE WHERE YOU'RE CLAIMING GENDER BIAS AGAINST THE CHIEF DEPUTY HAINES, THAT YOU WOULD BE ABLE TO HA VE INFORMATION TO BACK IT UP, WHAT IS INCLUDED IN YOUR LETTER.

BARBER: THIS LETTER HAS TO DO WITH THE SHERIFF'S OFFICE IN GENERAL AND CHIEF HAINES AND OTHERS, IT MENTIONED OTHERS, AND OTHERS, AND IT IS IN RESPONSE TO THE SHERIFF'S LETTER WHERE HE ORDERED ME TO, TO TELL HIM EVERYTHING THAT I KNEW. YOUNG: BECAUSE I'M SURE I DON'T HA VE TO TELL YOU, BUT THERE IS A POLICY IN PLACE THAT SAYS THAT IF YOU ARE AW ARE OF ANY HARASSMENT, ESPECIALLY AS A SUPERVISOR

BARBER: RIGHT.

YOUNG: YOU HAVE A DUTY TO REPORT IT.

BARBER: THIS WAS REPORTED.

YOUNG: OKAY. AND DO YOU KNOW IF CHIEF HAINES WAS INVOLVED IN THE DISCIPLINE?

BARBER: WELL HE'S OVER I.A. AND HE'S INVOLVED IN ALL OF DISCIPLINE (INAUDIBLE) AND HE HAS TO SIGN OFF ON IT THROUGH THE STAFF 78 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

SUMMARY SHEET, SO I KNOW HE WAS AT LEAST AWARE OF IT.

YOUNG: DO LETTERS OF REPRIMAND GO ON A STAFF SUMMARY SHEET?

BARBER: UHM, I DON'T KNOW ABOUT THOSE. BUT ANYTHING HANDLED THROUGH I.A. THERE'S A SUMMARY SHEET SENT.

YOUNG: DID THIS GO TO INTERNAL AFFAIRS?

BARBER: I DON'T KNOW.

YOUNG: SO THEN

BARBER: I WOULD ASSUME BECAUSE IT'S A SEXUAL, IT'S A HOSTILE WORK ENVIRONMENT AND SEXUAL DISCRIMINATION TYPE COMPLAINT. ALL OF THOSE ARE SUPPOSED TO GO THROUGH I.A. SO

YOUNG: AND IT WOULD BE SAFE TO SAY THOUGH THAT YOU DON'T NECESSARILY KNOW ALL THE FACTS ABOUT THIS PARTICULAR ONE, SO YOU'RE NOT SURE IF IT DID GO TO I.A. OR IF IT WAS INVESTIGATED, SO IT WOULD BE ASSUMPTIONS

BARBER: I DON'T RECALL

YOUNG: TO SAY THAT CHIEF HAINES WAS BEHIND THE DISCIPLINE.

BARBER: YEAH, I DON'T RECALL AT THIS MOMENT WHETHER HE WAS OR NOT, BECAUSE I DON'T REMEMBER EVERYTHING THAT I READ. BUT IF IT WENT THROUGH I.A. I KNOW HE WAS A WARE OF IT AND THE SHERIFF WOULD'VE BEEN TOO, BECAUSE THEY BOTH HA VE TO SIGN OFF ON THAT, THE CHAIN OF COMMAND DOES.

The Escambia County Sheriffs Office has in effect General Order 449- Workplace Sexual Harassment. The policy states the below directive:

POLICY: The Escambia County Sheriff's Office endeavors to provide a working environment free from sexual harassment and discrimination, and is committed to investigate all reported complaints fairly and impartially to determine whether the allegations are founded. Employees who have been exposed to or experienced sexual harassment or discrimination are encouraged to file a complaint in 79 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

accordance with the procedure detailed in this directive. In an effort to reduce incidents of sexual harassment in the workplace, it is the policy of the Sheriffs Office that all members will attend and satisfactorily complete a formal training class on Sexual Harassment/Diversity either during their basic police training class or upon being hired as an employee. Furthermore, it will be the policy of this agency that all members will complete designated training on sexual harassment once every two years.

449.3 Complaint Procedures The following guidelines will be followed when filing a complaint of harassment: [CFA 7.07]

3. Any member who believes that harassment is occurring will report the incident(s) to their immediate supervisor, Chief Deputy, Internal Affairs, the Administration Commander, or Human Resource Manager. Reporting will be done as soon as possible so steps may be taken to protect the member from further harassment and appropriate investigative measures may be initiated. [CF A 7.07]

b. The supervising authority taking the complaint will expeditiously deliver the complaint to the Sheriff.

449.4 Responsibility

1. Each supervisor will be responsible for preventing acts of harassment. This responsibility includes: a. Monitoring the work environment on a daily basis for signs that harassment may be occurrmg. b. Counseling all members on the types of behavior prohibited and the agency procedures for reporting and resolving complaints of harassment. [CF A 7 .02] c. Stopping any observed acts that may be considered harassment and taking appropriate steps to intervene, whether or not the involved members are within the supervisor's line of supervision. d. Taking prompt action to limit the work contact between the two members where there has been a complaint of harassment. 3. Each member of this agency is responsible for assisting in the prevention of harassment through the following conduct: [CFA 7.01] a. Refraining from participation in actions that could be perceived as harassment; b. Reporting acts ofharassmeht to a supervisor; [CFA 7.07] and

4. Failure to take action to stop known harassment will be grounds for discipline. [CFA 7.02]

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DEFINITIONS:

HOSTILE WORKING ENVIRONMENT - Unwelcome conduct, based upon gender, which consists of repeated incidents or is sufficiently severe, if a single incident, to alter the conditions of employment. Generally isolated instances of unwelcome conduct will not create a hostile working environment.

SEX DISCRIMINATION -Any difference, distinction, or preference in treatment, access (e.g. opportunity to be assigned to specialized elements), or impact (e.g. effect on organizational decisions), because of one's sex.

RETALIATION - To be considered retaliation, the following must occur: 1. The employee engages in a legally protected activity, such as filing an EEOC complaint or opposes illegal activity; 2. There is an adverse employment action; 3. There is a causal connection between the protected activity and the adverse employment action.

SEXUAL HARASSMENT - Unsolicited, offensive and unwelcome behavior involving sexual overtures or conduct, either verbal or physical, based on sex. It does not refer to the occasional comments of a socially acceptable nature, but refers to behavior that is unwelcome, personally offensive, lowers morale, and/or disrupts the '_VOrking environment. Title VII of the Civil Rights Act of 1964, as determined by various court cases, lists actions that are considered sexual harassment: Touching; "off-color" jokes ; unwanted, unsolicited propositions; holding up to ridicule; leaving sexually explicit books, magazines, etc., in places where members may find them; leaving notes that are sexually explicit, describing unwanted affection, etc., either signed or anonymous, placed on bulletin boards, in lockers, etc.; the wearing of a particular type of clothing, other than prescribed uniforms; transfer or dismissal after the refusal of a sexual advance; demeaning comments or actions; requesting and/or ordering members of one sex to perform tasks viewed as "woman's work", (e.g. making coffee, going out to get lunch); unwanted "off-duty" telephone calls or contact; and the deliberate singling out of a member of either gender in the presence of the opposite gender. EEOC guidelines define sexual harassment in the workplace as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the following occurs:

1. Submission to such conduct is made either explicitly or implicitly a condition of employment 2. Submission to, or rejection of, such conduct by an individual is used as a basis for employment decisions affecting the individual 81 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; 4. Such conduct offends a person other than the person to whom the sexual conduct is directed.

SEXUAL HARASSMENT COMPLAINT - For a complaint to be classified as sexual harassment, the following three-part test must be met: 1. The conduct must be unwelcome. 2. The complainant must communicate the conduct is unwelcome. 3. There is a subsequent occurrence of the unwelcome conduct (unless there is a sufficiently severe single incident). Complaints that are not classified as sexual harassment will be investigated accordingly; e.g. as discourtesy or unprofessional conduct.

UNWELCOME CONDUCT-The occurrence of verbal or physical conduct of a sexual nature where the victim has indicated that the conduct is unwelcome.

The Escambia County Sheriffs Office has in effect General Order 449- Workplace HarassmentNiolence. The policy states provides the below directive:

POLICY: The Escambia County Sheriffs Office is committed to providing a safe working environment for its members through a zero tolerance policy of workplace harassment and violence within the Agency. This policy is designed to supplement existing laws, rules, codes, and labor agreements that pertain to the physical and mental well-being of agency members. All members will refrain from any conduct, verbal or otherwise, that has the purpose or effect of unreasonably interfering with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. This conduct may be based on any of the following: race, color, religion, sex, national origin, ancestry, age, veteran status, marital status, familial status, sexual orientation I preference, political beliefs, disability/handicap, or any other characteristics protected by local, state, or federal law is subject to an investigation pursuant with this policy. All members will comply with this policy and immediately notify their supervisor of any violations. [CF A 7.01; 7.03; 7.07]

447.1 Employee Responsibilities [CFA 7.01] 1. All employees have an affirmative duty to protect the agency from liability by conducting themselves in an appropriate manner, acting responsibly to maintain a pleasant working environment that is free of discrimination, harassment and violence, and allowing each employee to perform to his or her maximum potential. 82 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Each employee is responsible for assisting in the prevention of harassment and discrimination through the following acts:

a. Refrain from participating in, or encouraging actions that could be perceived as harassment or discrimination; b. Refrain from participating in, or encouraging any physical confrontation, except those actions which are necessary for self-defense or the protection of another person. c. Report acts of harassment or discrimination in accordance with this policy; [CFA 7.07] d. Encourage any employee who confides they are being harassed or discriminated against to report these acts in accordance with this policy; e. Refrain from gossiping about or discussing such complaints with other employees, outside of the reporting and investigative processes; and f. Cooperate with and assist with all investigations of violations of this policy.

2. In addition to the above responsibilities that apply to all employees, complainants are encouraged to tell the offender that his or her actions are unwelcome prior to reporting the incident, unless the incident is sufficiently severe or physical violence has occurred.

3. Any failure to take action in accordance with this policy to stop known harassment or discrimination will be subject to counseling and disciplinary action up to and including dismissal (see G.0.#: 403 - Disciplinary Process). [CFA 7.02]

447.3 Reporting Requirements [CFA 7.07]

1. Members who become aware of any of the indicators or violation of this policy (i.e., intimidation, humiliation, insult, physical or verbal abuse, actions of a sex, ethnic, racial, color, age, marital status, pregnancy, religious nature, ancestry, veteran status, familial status, sexual orientation/preference, political beliefs, disability/handicap) will immediately report the information or violation by one or more of the following methods: a. Notify their supervisor at once; supervisors are responsible for initiating appropriate administrative action and will notify their respective chain of-command. Administrative action includes making appropriate notifications to the Sheriff; [CF A 7.03] b. Request police assistance and a medical response in the event of an immediate emergency involving injury or death, by calling 911 or utilizing the police radio.

2. Members, including supervisors, who fail to report incidents of threats or violence are subject to 83 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

disciplinary action (see G.O. #: 403 - Disciplinary Process). [CFA 7.02]

3. There will be no retaliation against any member for filing a harassment or violence complaint, or assisting, testifying, or participating in the investigation of such a complaint. Any subsequent negative and/or retaliatory conduct by agency members toward any affected party should be reported for investigation and appropriate response. [CFA 7.07]

447.5 Investigation a. Corrective Action: The concerned division/section/unit OIC or supervisor, with approval of the concerned division Officer In Charge, may take any of the following actions to ensure the investigation can proceed without conflict between the involved parties: 1) Issue written orders to the involved parties to avoid contact pending investigation; 2) Detach one or more of the involved parties to a different assignment to improve the working environment pending the investigation. Neither party will be reassigned unless exigent circumstances exist;

447.6 Assistance

Member Assistance: Members who are victims of an incident of workplace violence will be offered the services of the Employee Assistance Program (EAP) to assist them in coping with the effects of the incident.

DEFINITIONS:

HARASSMENT - Any conduct, verbal or otherwise, that has the purpose or effect of unreasonably interfering with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment.

VERBAL HARASSMENT - Verbal threats of harm toward persons, their possessions, or property, to include those made in a joking manner. Such harassment could include the use of vulgar or profane language directed at others, disparaging or derogatory comments or slurs, or telephone harassment with the intent of intimidating or demeaning another person.

VISUAL HARASSMENT - Any derogatory or degrading posters, cartoons, drawings, documents, publications, or similar materials or objects which could intimidate, offend, or demean others.

The above mentioned complaint was investigated. This resulted in training, discipline, and transfers to address the conduct. Investigator Bruce Harris submitted the letter of complaint and 84 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

requested a transfer from the Unit on June 20, 2018. Harris was transferred from to Property Crimes on June 23, 2018. Lieutenant Mike Ward and Sergeant Justin Robbins were transferred from the specialized Unit to patrol on July 21, 2018. This transfer order was initiated by then Lt. Colonel Ron Ross, signed by Commander Jackson, Commander Custer, and Chief Simmons. Lt. Colonel Ross issued Ward and Robbins letters of reprimand for violation of General Order 213.3 (69) Improper Conduct Offenses- Unbecoming Conduct. Per the Escambia County Sheriffs Office Disciplinary Matrix, this is an A-D violation. Based on the matrix, it was classified a B2 level violation. This level of discipline ranges from corrective action to a 10 hour suspension. In addition to the transfers and discipline, the entire Unit was mandated to attend a sexual harassment/harassment/hostile work environment training. This was mandated for the entire unit because the allegation referred to all the members participating in the conduct (no unit members were issued discipline or transferred, only the supervisors). Human Resource Manager Dawn Brazwell conducted the training on Thursday, June 28, 2018, in the Human Resources Conference Room. Thirteen members signed a roster documenting attendance. The following outline was presented to explain the training they would receive:

• Welcome • Sexual Harassment- Harassment- Hostile Work Environment • Awareness • Work Environment • Boundaries • Culture- Changes in Culture Adding new employees Supervisors- Sheriff- Departments- Show Video Power Point Scenarios Three pages of Employment Law Updates were presented as well as the Escambia County Sheriffs Office "HARASSMENT IN THE WORKPLACE" PowerPoint.

Barber alleged the below incident as being an incident of gender bias or discrimination:

"In June, 2018, a male sergeant was found to have used his position of authority to coerce another member and was suspended for three (3) days. He was not demoted or

85 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

transferred from his position".

This incident involved Barber's sergeant, Sergeant Delarian Wiggins. Barber was made aware of the event when Lieutenant Brandon Barnhill provided her the video of the incident. I asked her:

YOUNG: WHAT DID YOU DO WITH IT ONCE YOU GOT IT?

BARBER: I WATCHED IT AND THEN I LET GREER KNOW ABOUT IT.

YOUNG: OKAY

BARBER: AND THEN AFTER THAT, AT ONE POINT, I WAS TOLD TO HANDLE, YOU KNOW, HANDLE IT.

YOUNG: SO YOU WRITE IT UP. WHO CAME BACK DOWN AND TOLD YOU TO DO IT AS A SHIFT LEVEL INVESTIGATION?

BARBER: I THINK GREER

YOUNG: OKAY. AND WHAT ULTIMATELY ENDED UP BEING YOUR FINDINGS?

BARBER: I DON'T REMEMBER THE EXACT FINDINGS OF WHAT I CHARGED HIM WITH, BUT HE GOT THREE DAY SUSPENSION

YOUNG: OKAY. WAS THAT RECOMMENDED BY YOU?

BARBER: UH YES

YOUNG: OKAY. DID YOU RECEIVE ANY KICK BACK, OR RESISTANCE, OR INTERFERENCE FROM.ANYBODY DURING YOUR INVESTIGATION?

BARBER: NO MY, I HAD TO COME TALK TO, I KNOW I HAD TO COME TALK TO THE ATTORNEY, OR DEBRA LITTLE

YOUNG: WHICH ATTORNEY

BARBER: AND CHIEF, UH DEBRA LITTLE

YOUNG: GOT IT

BARBER: AND CHIEF, NOT HAINES, THE OTHER ONE.

YOUNG: SIMMONS

86 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: AND TELL THEM ABOUT IT AND STUFF. UHM THEY WERE JUST TRYING TO DECIDE WHETHER IT VIOLATED SOMETHING ELSE OTHER THAN WHAT I WAS LOOKING AT AND A BUNCH OF THAT STUFF. AND EVENTUALLY THEY DECIDED TO STICK WITH WHAT WE WERE LOOKING AT. I DON'T REALLY REMEMBER THE EXACT CHARGE BUT

YOUNG: DID CHIEF SIMMONS OR MS. LITTLE TRY TO PERSUADE YOU OR CHANGE YOUR MIND OR YOUR DIRECTION ON YOUR INVESTIGATION?

BARBER: NOT THAT I RECALL.

YOUNG: DID CHIEF HAINES BECOME INVOLVED IN THIS INVESTIGATION AT ALL?

BARBER: HE WASN'T INVOLVED IN IT THAT I KNOW OF, UNLESS IT WAS MAYBE TO YOU KNOW THE SENDING IT BACK DOWN TO ME. I, I DON'T REALLY KNOW. AS I SAID, I NEVER REALLY TALKED TO HIM. THAT USUALLY COMES FROM THE PEOPLE IN BETWEEN.

YOUNG: OKAY. AND SO WHATEVER YOUR RULINGS WERE, YOUR RECOMMENDATION WAS THREE DAYS SUSPENSION

BARBER: NO, IT MIGHT HA VE BEEN TWO, I DON'T KNOW. I KNOW HE GOT THREE, SO MOST LIKELY THAT'S WHAT I RECOMMENDED.

PITTMAN: HAS HE HAD ANY OTHER DISCIPLINE ON YOUR SHIFT

BARBER: UHM

PITTMAN: WHILE HE WAS WORKING FOR YOU?

BARBER: OH YEAH.

YOUNG: IS THIS DISCIPLINE THAT YOU HAVE

BARBER: UHM

YOUNG: PLACED UPON HIM?

BARBER: YEAH. UH THAT'S, I'D HAVE TO GO IN, I DON'T KNOW ORDER HERE. BUT I KNOW HE'S HAD, HE HAD A UHM PURSUIT. OH THANK, IS THAT, PURSUIT THING. AND THAT WAS WHEN HE FIRST, UH IT WAS MORE WHEN HE HAD FIRST BEEN ON THE SHIFT NOT TOO LONG I THINK. IT'S SOMETHING ABOUT A PURSUIT. LIKE I WAS DOWN HERE AT THE 87 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

OFFICE AND THERE WAS A PURSUIT. IT WASN'T REALLY A PURSUIT BUT HIS ACTIONS CAUSED IT TO BECOME A PURSUIT. SO HE UHM GOT WRITTEN UP FOR THAT. I THINK HE JUST GOT A REPRIMAND MAYBE FOR THAT OR SOMETHING. CAN'T, I CAN'T REMEMBER

PITTMAN: DID YOU GET ANY PUSHBACK ON THOSE UH COUNSELING'S OR WRITE UPS?

BARBER: NO. LIKE I SAID, I DON'T, I ONLY DEAL WITH GREER. HE'S MY SUPERVISOR.

At the time of the incident, Captain Greer sent the below memorandum to then Commander Custer:

Attached to this memorandum is Lt. Barber's investigation concerning Sgt. Wiggin's behavior when stopped by DS Carrion-Sosa for running a stop sign, on 5/3/2018.

I concur with the 30 hour suspension recommended by Lt. Barber.

Based on the 30 hour suspension recommendation, I request a Disciplinary Review Board (DRB) be convened.

51 Sergeant Delarian Wiggins received a memorandum from then Internal Affairs 1 • Lieutenant Carl Jones on July 30, 2018 which stated:

On May 10, 2018, an Administrative Investigation was initiated into allegations of misconduct; 213.3 (62) Official Position.

This letter is to inform you that the recent investigation conducted by Lieutenant Tama Barber has been concluded with the following findings:

SUSTAINED

Due to the findings in this case, you received a three day (30 hours) suspension. Per the Escambia County Sheriffs Office Disciplinary Matrix, this is a C level violation. Based on the matrix, it was classified a C4 level violation. This level of discipline ranges from a 10- 30 hour suspension. I spoke with Commander Jackson in regards to Barber having autonomy to run her shift without interference or being told she couldn't take the action she deemed necessary. Jackson stated:

88 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: OKAY. HAVE YOU EVER, AS LIEUTENANT BARBER HAS WORKED UNDER YOU ON PATROL, TOLD YOUR PATROL CAPTAINS, HEY, LIEUTENANT BARBER CAN'T RUN HER SHIFT THE SAME WAY AS OTHER LIEUTENANTS?

JACKSON: NO

YOUNG: HAVE YOU ALWAYS GIVEN HER THE ABILITY TO RUN IT THE SAME AS ANYBODY ELSE?

JACKSON: UH YES

YOUNG: WHAT ABOUT INCLUDING DISCIPLINE OF SERGEANTS?

JACKSON: YES. FOR HER, SHE'S LIEUTENANT OF THE SHIFT, UH THE EXPECTATION IS, FOR MY EXPECTATION IS TO RUN THE SHIFT. IF THE, IF A SERGEANT NEEDS TO BE DISCIPLINES, THEY'RE DISCIPLINED. IF A DEPUTY NEEDS TO BE DISCIPLINED, THEN DISCIPLINE THEM. MY BIGGEST THING IS DON'T ASK WHAT SHOULD I DO. JUST, YOU DO IT. IF YOU FEEL THERE'S DISCIPLINE NEEDS TO BE DONE, THEN DISCIPLINE THEM.

YOUNG: DO YOU EVER COME IN AND CHANGE THE DISCIPLINE, OR OFFER A DIFFERENT SUGGESTION OF DISCIPLINE REGARDING A SERGEANT, IF THEY HAPPEN TO BE A SWAT MEMBER?

JACKSON: NO.

YOUNG: SO IF SERGEANT HOYLAND WAS BEING DISCIPLINED FOR SOMETHING WITH THE FACT THAT HEWAS A SWAT MEMBER HAVE ANYTHING TO DO WITH HIS DISCIPLINE?

JACKSON: NO

YOUNG: OKAY. HAVE YOU EVER, BY THE ORDER OF CHIEF HAINES, DENIED LIEUTENANT BARBER THE ABILITY TO DISCIPLINE MALE SUPERVISORS OR FEMALE SUPERVISORS?

JACKSON: BY CHIEF HAINES?

YOUNG: CORRECT

JACKSON: NO

89 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Barber stated in her complaint the following:

"In August, 2018, a male sergeant left his vehicle unlocked, left an assault rifle and other agency equipment inside, and the equipment was stolen when the vehicle was burglarized. These serious violations were swept under the rug. The sergeant who was still on probation, was not suspended or demoted for the policy violations (to my knowledge). Instead, he was transferred back to the training division. Experience has shown that a female employee (or female supervisor) would not have received such a punishment".

YOUNG: CAN YOU TELL ME, YOU MENTIONED THAT IT WAS SWEPT UNDER THE RUG. EXPLAIN HOW THAT HAPPENED AND WHAT THE CIRCUMSTANCES WERE.

BARBER: WELL, THEY PUT HIM ON ADMIN LEA VE AND TO PRETTY MUCH EVERYONE FORGET ABOUT IT AND THEN HE CAME BACK. I DON'T THINK HE GOT ANY PUNISHMENT. HE GOT TRANSFERRED TO TRAINING.

YOUNG: SO HE DIDN'T RECEIVE ANY DISCIPLINE AT ALL?

BARBER: NOT THAT I'M AWARE OF.

YOUNG: OKAY. UH YOU REFERENCE THAT EXPERIENCE HAS SHOWN THAT A FEMALE EMPLOYEE, OR A FEMALE SUPERVISOR, WOULD NOT HAVE RECEIVED SUCH PUNISHMENT. CAN YOU EXPLAIN WHAT YOU MEANT BY THAT? AND YOUR FEELINGS FOR THAT STATEMENT?

BARBER: OKAY. MY COMPLAINT IS SUPPOSED TO BE GOSSIP OR SOMETHING LIKE THAT. UHM AND IT'S RUMORED I'M BEING DEMOTED. BUT YOU CAN LEAVE AN ASSAULT RIFLE IN A CAR AND IT GETS STOLEN, YOU DON'T LOCK IT, AND ALL THAT STUFF AND NOTHING HAPPENS TO YOU. THOSE KINDS OF INCIDENTS.

YOUNG: CAN YOU GIVE ME EXAMPLES OF TIMES WHERE FEMALES HA VE

BARBER: UH THERE

YOUNG: HAD HARSHER (INAUDIBLE)

BARBER: THERE WAS A FEMALE THAT LEFT A GUN IN THE RESTROOM OR WHATEVER. HERE. SHE GOT FIRED, I THINK. SHE WAS A CIVILIAN OR CRIME SCENE OR SOMETHING LIKE THAT. 90 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: DO YOU KNOW WHO THAT WAS?

BARBER: NO. I DON'T KNOW HER. LEE WORKED THAT IA, SO.

YOUNG: AND YOU SAID SHE WAS FIRED BECAUSE OF IT?

BARBER: MM-HMM. SHE WENT TO THE BATHROOM, SHE LEFT IT SITTING IN THE GYM OR SOMETHING LIKE THAT. LEE WOULD KNOW THAT, AND HE'S MUCH BETTER AT NAMES THAN I AM.

YOUNG: OKAY. I'M ASSUMING THAT WAS AN INTERNAL AFFAIRS

BARBER: I BELIEVE SO

PITTMAN: UH, I DO HAVE ANOTHER QUESTION. SOMETHING YOU SAID EARLIER. UH IT, WHEN, WHEN THE COLONEL HAD ASKED YOU ABOUT EXPERIENCE HAS SHOWN THAT FEMALE EMPLOYEES, OR A FEMALE SUPERVISOR, WOULD NOT HA VE RECEIVED THE SAME PUNISHMENT. YOU SAID SOMETHING ABOUT THAT IT WAS BECAUSE RUMOR AND INNUENDO THAT YOU WERE GETTING DEMOTED

BARBER: I

PITTMAN: YOU HAVEN'T RECEIVED ANY INFO, YOU HAVEN'T RECEIVED THE, A DEMOTION HAVE YOU?

BARBER: THE INVESTIGATION IS STILL ON, ON GOING. AND I DON'T USE THE WORD INNUENDO. I NEVER USE THAT WORD. BUT THE INVESTIGATION'S STILL OPEN. SO NO. THAT WAS THE RUMOR I HAVE HEARD

PITTMAN: SO IS THAT THE

BARBER: FROM THE BEGINNING

PITTMAN: IS THAT YOUR BASIS FOR PUTTING THAT IN HERE? THAT YOU HEARD A RUMOR AND

BARBER: NO

PITTMAN: THAT'S WHERE EXPERIENCE HAS SHOWN

BARBER: NO. THERE IS A CRIME SCENE GIRL THAT GOT FIRED.

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PITTMAN: AND YOU'RE NOT A WARE OF SERGEANT KILGEN HAD ANY UH DISCIPLINE?

BARBER: NO.

PITTMAN: OKAY

BARBER: BUT HE WASN'T FIRED OR DEMOTED.

YOUNG: DO YOU KNOW IF CHIEF HAINES WAS INVOLVED IN HIS DISCIPLINE OR LACK THERE OF DISCIPLINE?

BARBER: I BELIEVE SO. BUT YOU'D HA VE TO ASK LEE. LEE WAS INVOLVED IN THAT CASE. FORM WHAT I RECALL HE WAS THE ONE REPING HIM.

I spoke with Sergeant Tyree reference Sergeant Kilgen's incident:

YOUNG: DID YOU REPRESENT HIM IN THIS CASE?

TYREE: I DID NOT.

YOUNG: YOU DID NOT

TYREE: I DID NOT

YOUNG: DO YOU KNOW WHO DID?

TYREE: I DON'T KNOW IF HE DID HAVE A REP. IF, IF HE DID IT WASN'T ANYBODY, IT WASN'T ANYBODY I KNEW OF. BUT YOU CAN HAVE ANYBODY REP YOU.

Tyree stated he did not recall the specifics surrounding Kilgen's incident and stated his was an obvious policy violation where the PBA wouldn't have been able to do much to other than recommend he "beg for their mercy." I asked if a female had been involved in similar incidents and he identified Crime Scene Officer Colleen Burt. He stated she left her loaded, personal firearm in the bathroom of the Escambia County Sheriffs Office. Tyree advised he believed she was suspended for three to four days. Tyree also advised Deputy Jacque Morgan left his firearm in a bathroom at the courthouse and received discipline. Additionally, Tyree stated each circumstance involving discipline with a member of the agency could be different and all the facts have to be looked at and treated specific to that case. Therefore, there will be variations in the discipline, the discipline range and how discipline is applied. I asked if he thought Kilgen's incident was swept under the rug and he stated "no." Per Sergeant Kilgen's discipline record and email correspondence, Kilgen had an

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investigation completed in Internal Affairs in regards to this August 2018 incident. The findings were SUSTAINED for violation of:

G. 0. 213. 2 (23) Standards of Conduct - Neglect of Duty Offenses - Failure to Follow General Order, Directives, and Sheriffs Orders: G.O. 358- Weapons Regulations.

G.O. 213 (32) Negligence - Endangering others or Property through Neglect.

These findings were reviewed by the Disciplinary Review Board who recommended an 80- hour suspension. This Staff Summary Sheet was signed off by Commander Yuhasz, Commander Jackson, General Counsel Debra Little, Chief Simmons, Chief Haines and Sheriff Morgan. Sergeant Kilgen met with Sheriff Morgan and took full responsibility for his actions. Sheriff Morgan issued a 40-hour suspension. Kilgen was also removed from the S.W.A.T. team for one year. Sergeant Kilgen was assigned to the Training Division in 2011 until his promotion to Sergeant in July 2017, where he went to a midnight shift. In addition to running a midnight shift, Sergeant Kilgen was detached to training during this time, until transferred back December, 2018. Per the Escambia County Sheriffs Office Disciplinary Matrix, this is an A & C-D level violation. Based on the matrix, the A discipline ranges from corrective action -written reprimand. The C-D discipline ranges from a 10 hour suspension to 160 hours and/or demotion. Review of Crime Scene Officer Colleen Burt's disciplinary record revealed an investigation completed in regards to her leaving a loaded firearm in a bathroom of the Escambia County Sheriffs Office. The findings were SUSTAINED for violation of:

G. 0. 213. 2 (31) Standards of Conduct - Neglect of Duty Offenses - Negligence - Not Endangering

G. 0. 213.4 (9) Insubordination Offenses - Criminal Violations

A recommended discipline of a 60-hour suspension was made to the Disciplinary Review Board. Upon discussion of the incident, the DRB downgraded the discipline and recommended 40 hours. This Staff Summary Sheet was signed off by Commander Yuhasz, Commander Custer, Commander Jackson, Senior Commander Tharp, Gerry Champagne, Debra Little, Chief Simmons, Chief Haines and Sheriff Morgan. The Sheriff concurred with the DRB and issued a final discipline of a 40-hour suspension. Per the Escambia County Sheriffs Office Disciplinary Matrix, this is an A-B & D level violation. Based on the matrix, this level A-B discipline ranges from corrective action - 30-hour suspension. The D level discipline ranges from a 60-hour suspension to termination. 93 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Review of Deputy Jacques Morgan disciplinary record revealed he received discipline for leaving a loaded firearm in a bathroom of the Escambia County Court House. The findings were SUSTAINED for violation of:

G. 0. 213. 2 (32) Standards of Conduct - Neglect of Duty Offenses - Negligence - Endangering others or Property through Neglect.

G.O. 213.3 (47) Improper Conduct Offenses- Use and Handling of Weapons.

A recommended discipline of a 40-hour suspension was made to the Disciplinary Review Board. Upon discussion of the incident, the DRB downgraded the discipline and recommended 20 hours. This Staff Summary Sheet was signed off by myself, Commander Yuhasz, Debra Little, Chief Simmons, Chief Haines and Sheriff Morgan. The Sheriff concurred with the DRB and issued a final discipline of a 20-hour suspension. Per the Escambia County Sheriffs Office Disciplinary Matrix, this is a B & C-D level violation. Based on the matrix, the B level discipline ranges from corrective action to a 30-hour suspension. The C-D discipline ranges from a 10-hour suspension to termination. Quarterly status of discipline reports were pulled for the time period of June 10, 2013, through April 29, 2019. This report showed approximately 76 % of discipline were male employees and approximately 24 % of discipline were female employees.

I asked Barber how this incident displayed gender bias or harassment towards her from Chief Haines. Barber replied:

BARBER: THAT'S NOT WHAT THAT WAS IN THERE FOR. IT'S SHOWING, NOT EACH ONE OF THESE HAS TO DO WITH THE CHIEF DISCRIMINATING AGAINST ME IN THIS CIRCUMSTANCE. IT HAS TO DO WITH THE AGENCY ITSELF AND THE WHOLE OVERVIEW OF EVERYTHING.

YOUNG: AND SO TO BE SPECIFIC, WHAT WOULD THAT COMPLAINT ON THOSE BE? THE OVERVIEW AND

BARBER: THAT WOMEN AND MEN ARE HANDLED DIFFERENTLY. IF YOU START LOOKING AT ALL THESE CASES, YOU WILL SEE THESE THINGS.

YOUNG: SO THEN IT'S STILL ALONG THE LINES OF GENDER BIAS

BARBER: YEAH, BUT I'M NOT, I NEVER SAID CHIEF HAINES HIMSELF VIOLATED, YOU KNOW, WAS AGAINST ME ON THIS CASE. THAT'S NOT WHAT I SAID.

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BARBER: NO. BECAUSE I THINK LIKE, I HAVEN'T HAD THAT MANY. MOST OF MINE ARE ON THE SUPERVISORS, AND EVERYONE'S PRETTY MUCH ON THE SAME PAGE. BUT LIKE I SAID, IF IT WAS DELARIAN'S AND I SENT IT UP FOR TWO MAYBE, THEY WOULD HA VE COME BACK AND SAID HE'S GETTING THREE. WHAT IS A DAY? I MEAN NO ONE'S GONNA, YOU KNOW, BUT WHERE DOES THAT COME FROM? FROM WHAT I HEAR, THAT ALL COMES FROM THE CHIEF. AND THAT I HEARD FROM BAIN AND GREER IN THE PAST, YOU KNOW.

YOUNG: OKAY. SO NOTHING SPECIFIC AND TANG IBLE THAT IDENTIFIES CHIEF HAINES AS BEING THE ONE KICKING EVERYTHING BACK

BARBER: NO BECAUSE I DON'T THINK HE SIGNS ANYTHING.

YOUNG: OKAY.

In regards to the difference with Sergeant Wiggins' discipline, Greer stated Barber came to him with a recommendation of a 20-hour suspension, but he advised her it should be 30 due to his position. This was the final decision that was sent up via memorandum. I spoke with Barber in reference this:

YOUNG: OKAY. HAVE YOU EVER THOUGHT THAT SOME OF THESE DIFFERENCES THAT YOU'VE POINTED OUT, THAT MAYBE CAPTAIN GREER OR BAIN WERE THE ONES TRULY BEHIND THE DECISION, AND JUST

BARBER: GREER WOULD'VE HAD NOTHING TO DO WITH A LOT OF THESE BECAUSE HE WASN'T OVER THAT CRIME SCENE PERSON. HE WASN'T OVER DREW. UHM DELARIAN, WE WERE ALL IN AGREEMENT PRETTY MUCH ON HIS. SO, I HE DIDN'T

YOUNG: HA VE YOU EVER JUST WONDERED IF MAYBE THEY WERE JUST USING HIM AS THE EXCUSE TO JUSTIFY WHAT THEIR DECISIONS WERE?

BARBER: NO

YOUNG: AND IT WAS EASY FOR THEM TO SAY, WELL, CHIEF HAINES SAID THIS AND

BARBER: NO

YOUNG: CHIEF HAINES WANTS THIS. CAN YOU TELL ME WHY?

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BARBER: BECAUSE WHEN I WORKED IN IA, SAME SIMILAR THING HAPPENED TO ME. AND THEY SAID WE CAN'T GO IN THERE WITH NO FINDINGS. AND THEY POINTED BACK TO HIS OFFICE.

YOUNG: AND WHO'S THEY?

BARBER: UHM, UHM WALTER MATTHEWS UHM UH HAD, UH WHAT WAS HER NAME. JUDGE, SHE'S A JUDGE NOW. UHM

YOUNG: DICKEY.

BARBER: YEAH, JUDGE DICKEY NOW. UHM THE OLD ATTORNEY WAS IN THERE. YOU KNOW, THERE WAS LIKE, IT SEEMS LIKE SOMEBODY ELSE WAS IN THERE TOO AND I DON'T KNOW WHO IT WAS. LIKE THERE WAS FOUR PEOPLE IN THAT ROOM AND ME. AND THOSE FINDINGS WERE CHANGED.

YOUNG: TELL ME ABOUT THAT, IN LIKE ALL THE DETAILS AND WHAT

BARBER: WELL IT WAS A, IT WAS NEWTON'S CASE. AND IT WAS A, LIKE A SEXUAL HARASSMENT TYPE ALLEGATIONS AND I TOLD THEM IT DIDN'T MEET THE EEOC GUIDELINES. I HAD DONE A BUNCH OF RESEARCH. I MEAN A TON OF RESEARCH ON IT AND STUFF AND UHM THEN I ALSO HAD SOMEONE COME IN AND SAY THE COMMENT THAT HE ALLEGEDLY MADE TO THE GIRL, THAT REALLY SET HER OFF OR WHATEVER, WAS MADE BY SOMEBODY ELSE WHO CAME IN AND TOLD ME, I'M THE ONE THAT MADE THAT COMMENT. HOW CAN I FIND HIM GUILTY OF SAYING THAT WHEN HE DIDN'T SAY IT. I HAD SOMEONE THAT CAME IN HERE AND SWORE THAT HE SAID IT. SO BECAUSE I WASN'T GOING TO HAVE THE FINDING THEY WANTED, THAT'S WHAT THEY TOLD ME AND AN HOUR LATERAFTER THAT THIRTY MINUTE AT LEAST CHEWING OUT SESSION THEN I WAS TRANSFERRED AND THE FINDINGS WERE LATER CHANGED. THEY KEPT MY WHOLE INVESTIGATION AND THEY CHANGED THE FINDINGS LETTER. THE FIND, THE FINDINGS SECTION.

YOUNG: OKAY. WHEN DID THIS HAPPEN?

BARBER: WHEN I WAS IN IA FOR SIX MONTHS. THAT SIX MONTHS STENT I WAS IN THERE, WHEN I WAS A NEWER SERGEANT. SO I, DON'T ASK ME THE YEAR, BECAUSE I DON'T KNOW. LIKE WITHIN THE FIRST YEAR. I

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THINK I DID SIX MONTHS ON THE STREET AND THEN I WENT TO IA, OR SOMETHING LIKE THAT.

Barber advised Lieutenant Matthews and Commander Darlene Dickey were her immediate supervisors during this time frame. Barber stated Commander Dickey stated the following in a meeting:

BARBER: WE CAN'T GO IN THERE, AND I THINK IT WAS DARLENE THAT SAID IT. BUT I DON'T REMEMBER WHO FOR SURE SAID IT, AND SAID, AND THEY POINTED BEHIND THEM, WHICH WAS HAINES. UH WE CAN'T GO IN THERE WITH NO FINDINGS. AND I SAID, WELL, I DON'T KNOW WHAT TO TELL YOU. AND THEY'RE TA, TELLING ME TO GO BACK AND LOOK AT POLICY AND FIND SOMETHING AND, AND I SAID, WELL, OKAY HE SAID A CUSS WORD DURING SOME OF IT AT ONE POINT. I MEAN, IS THAT WHAT YOU WANT ME TO FIND HIM GUILTY OF? AND THEY'RE LIKE, WE'RE NOT GOING TO TELL YOU, BUT YOU NEED TO GO REVIEW IT ALL AGAIN.

YOUNG: DID THEY SAY THAT CHIEF HAINES DID NOT LIKE WHAT YOU HAD ORIGINALLY SUBMITTED?

YOUNG: SO IT WAS A VERY VAGUE STATEMENT BY DARLENE DICKEY

BARBER: I THINK IT WAS DARLENE

YOUNG: AND DID A PHYSICAL GESTURE

BARBER: YEAH. IT WAS EITHER

YOUNG: (INAUDIBLE)

BARBER: HIM

YOUNG: POINTING TOWARDS THE ADMINISTRATION OFFICES

BARBER: YEAH

YOUNG: THROUGH THE WALL OR

BARBER: I DON'T KNOW IF THEY EVEN SHOWED IT TO HIM. I HA VE NO IDEA. IT WAS EITHER HIM OR HER I MEAN OR WALTER THAT SAID THAT.

A memorandum from Commander Darlene Dickey, February 23, 2011, was written and

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attached to the Internal Affairs file. Dickey stated:

"Sgt. Barber submitted her final report. Lt. Matthews, Gerry Champagne, and I had questions regarding her investigation and her conclusions. During the discussion ofthe case, Sgt. Barber was not able to answer some ofthe questions posed to her, and she became unusually defensive and argumentative. She asked what we wanted her to sustain. I explained that no one was telling her she had to sustain anything; our concern was whether she had considered any other policies besides Sexual Harassment. Sgt. Barber was asked whether she looked at a couple policies. She said she was told to investigate Sexual Harassment. In the list ofpolicies she was asked ifshe considered, one was the profanity/courtesy policy, as a way ofdetermining whether she had looked at other policies. Barber became upset at the mere mention ofthat policy and said that she was now being told to "nit-pick" and sustain every little thing wrong. I explained to her that no one was telling her to sustain anything, and that no one was asking her to nit-pick. She wanted to know what policies we wanted her to sustain, and I told her we were trying to determine whether she had considered any other ECSO polices besides Sexual Harassment.

Sgt. Barber was fixated on the Sexual Harassment policy, and she kept talking about Supreme Court cases. Sgt. Barber wanted Lt. Matthews to give her the policies he wanted her to sustain. I told Barber again, that no one was telling her to sustain anything. I further explained that this is a good learning opportunity for her to go back through ECSO polices for her to determine whether the facts ofher investigation warranted any sustained findings. The conversation was not productive at all because Barber remained fixated on Sexual Harassment and because Barber, despite her being told more than once, insisted that she was being forced to sustain a policy violation.

After Lt. Matthews asked Barber to go back and look at the policies, I was concerned as to whether Barber could not be an objective factjinder seeing that she had repeatedly expressed her opinion that she was being forced to sustain a policy violation. Therefore, the investigation was re assigned".

Per Barber's disciplinary file, she received a letter of counseling on March 21, 2011 and was transferred out of Internal Affairs. The discipline letter and subsequent transfer stated the actions stemmed from Barber's failure to properly investigate a case involving alleged harassment and/or sexual harassment against Sergeant Newton (Barber wrote above her signature "see forth coming response" in reference the counseling). I spoke with Lieutenant Walter Matthews about the incident and he stated:

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MATTHEWS: I MEAN THE CASE FILE SPEAKS FOR ITSELF. BUT, WE GOT A COMPLAINT FROM A FEMALE EMPLOYEE UHM ALLEGING SOME MISCONDUCT BY A SERGEANT, HER IMMEDIATE SUPERVISOR. I ASSIGNED IT TOTAMA, BECAUSE SHE DIDN'T HA VE A CASE. AND UH, WE LET HER WORK IT, SHE TOOK A LONG TIME TO WORK IT. WE LET HER DO HER INTERVIEWS, UHM I, YOU KNOW I SPOKE WITH HER ABOUT THE CASE FROM TIME TO TIME. WE, WE POINTED OUT DIFFERENT POLICIES THAT SHE SHOULD PROBABLY CONSIDER AND UH, WE EVEN, WE HAD MENTORING LESSONS WITH MYSELF, I'M PRETTY SURE DARLENE WAS INVOLVED IN SOME OF THAT TOO, BECAUSE I HAD TO KEEP HER IN THE LOOP WITH WHAT WAS GOING ON. AND THE BOTTOM LINE IS, AT THE END OF THE DAY, AT THE END OF THE CASE, SHE WAS NOT WILLING TO SUSTAIN ANY OBVIOUS POLICY VIOLATIONS, WHICH REQUIRED ME TO REASSIGN THE CASE TO ANOTHER INVESTIGATOR. AND I, I PICKED JERRY CHAMPION FOR THAT JOB BECAUSE HE DIDN'T KNOW ANYBODY INVOLVED, HE WORKED AT THE JAIL, HE HAD NO PREVIOUS WORKING RELATIONSHIP WITH NEWTON OR ANY OF THE PEOPLE INVOLVED IN IT. HE, TO ME HE WAS GONNA BE THE EASIEST PERSON TO HAVE ANOTHER SET OF EYES ON IT AND GIVE A FAIR RESPONSE AND INVESTIGATION.

YOUNG: OKAY. EXPLAIN TO ME HER ISSUES OF HAVING, YOU SAID SHE HAD THE CASE FOR A LONG TIME AND SHE WAS STRUGGLING WITH COMING UP WITH FINDINGS.

MATTHEWS: SHE'S GONNA BE THE ONLY ONE THAT CAN EXPLAIN WHY SHE COULD NOT COME UP WITH THE CONCLUSION THAT NEWTON WAS VIOLATING POLICY. I, I CAN'T SPEAK FOR HER OR HER THOUGHT PROCESS. I CAN TELL YOU THAT I READ HER CASE, I READ HER CONCLUSION, I WASN'T SATISFIED WITH IT. UHM, I BROUGHT IT TO DARLENE'S ATTENTION, AND DARLENE MADE THE DECISION TO MOVE HER OUT OF THE UNIT AND I REASSIGNED THE CASE, AND DOCUMENTED IT APPROPRIATELY.

YOUNG: SO AS THE O.I.C. OF INTERNAL AFFAIRS, IF YOUR INVESTIGATOR BRINGS YOU FINDINGS WHERE YOU HA VE A CLEAR POLICY VIOLATION THAT IS NOT EVEN QUESTIONABLE, THEN YOU HA VE THE OBLIGATION, THE POWER, TO GO BACK AND SAY, PLEASE RE-

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EVALUATE THIS, HOW DOES THAT WORK?

MATTHEWS: ABSOLUTELY. WELL, THEY, THEY'RE GONNA BRING ME A ROUGH DRAFT OF THEIR CASE. UHM, I'M GONNA REVIEW IT, LOOK AT IT AND THEN I'M GONNA CORRECT WHATEVER GRAMMATICAL ERRORS ARE THERE, WHATEVER OTHER ERRORS ARE THERE, BRING IT TO THEIR ATTENTION AND GIVE THEM AN OPPORTUNITY TO FIX IT. WE DID THIS WITH HER A LOT. UHM, I CAN'T TELL YOU HOW MANY TIMES, WE DID IT WITH THIS PARTICULAR CASE. BUT IN MY OPINION, HER LACK OF ABILITY TO MAKE THAT DECISION, IT HUNG NEWTON OUT FOR A LONG TIME. IT TOOK THAT CASE FOREVER TO WORK AND IT, AND IT JUST, EVERYBODY INVOLVED IN THAT, IT JUST TOOK TOO LONG. THERE WAS NO REASON FOR IT. IT WAS AN OBVIOUS POLICY VIOLATION, YOU KNOW, BUT SHE WAS HUNG UP ON ONE, ON THE SEXUAL HARASSMENT POLICY AND COULD NOT THINK ABOUT JUST THE HARASSMENT POLICY. AND THAT'S, THAT'S WHERE SHE WAS AT.

YOUNG: DO YOU RECALL TELLING HER THAT SHE HAD TO CHANGE HER FINDINGS AND EITHER YOU OR DARLENE DICKEY MAKING THE STATEMENT, WE CAN'T GO IN THERE WITH NO FINDINGS, AND POINTING TOWARDS THE ADMINISTRATION OFFICES?

MATTHEWS: I DON'T REMEMBER.

YOUNG: AND IF THAT STATEMENT WAS MADE, WOULD THAT HAVE BEEN IN ANY REFERENCE TO THE THEN COMMANDER HAINES?

MATTHEWS: HE HAD NOTHING TO DO WITH IT.

YOUNG: OKAY. SO WHEN YOU RAN I.A. OVER THAT TIME PERIOD, YOU NEVER EVEN REPORTED ANY OF YOUR CASES, ANY OF YOUR FINDINGS, THERE WAS NEVER DISCUSSION WITH COMMANDER HAINES?

MATTHEWS: I DON'T THINK SO. I MEAN, EVERY ONCE IN AWHILE, IF, IF A CASE WENT CRIMINAL, WE DIDN'T DO CRIMINAL INVESTIGATIONS. SO I WOULD NOTIFY COMMANDER DICKEY THAT I BELIEVE THIS IS A 100 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

CRIMINAL ACT. SHE WOULD NOTIFY THE STAFF AND WE WOULD HAVE TO COME IN AND BRIEF THE STAFF ON, ON WHAT WE DISCOVERED. AND THE SHERIFF, THE CHIEF, THE COMMANDERS, THEY WERE THERE.

YOUNG: BUT CHIEF HAINES WOULDN'T HAVE HAD ANY (INAUDIBLE) BUT HE WOULDN'T HAVE HIS HANDS IN ANY OF THE CASES OR DISCIPLINE BECAUSE HE DIDN'T EVEN HAVE ANY INVOLVEMENT IN I.A. IT WAS CHIEF AIKEN.

MATTHEWS: I WORKED FOR DARLENE DICKEY.

YOUNG: SO WOULD IT BE INCORRECT IF LIEUTENANT BARBER CHARACTERIZED IT AS YOU TOOK HER INVESTIGATION AND HER FILE, AND BECAUSE YOU DIDN'T LIKE HOW IT WAS FOUNDED, AND THEN YOU GA VE IT TO SOMEBODY ELSE TO JUST CHANGE THE FINDINGS PAGE. WOULD THAT BE AN INACCURATE?

MATTHEWS: IT'S VERY INACCURATE. I, I TOOK JERRY, JERRY CHAMPION, I TOOK HIM THE CASE FILE, AND I ASKED HIM TO REVIEW IT. I INSTRUCTED HIM THAT IF HE WANTED TO DO ANYMORE INTERVIEWS, BY ALL MEANS DO THEM, UHM BUT TO REVIEW THE TRANSCRIPTS AND TAKE OVER THE CASE, AND TO COME UP WITH HIS OWN CONCLUSIONS.

YOUNG: NOW WHOSE DECISION WAS IT TO REASSIGN THAT CASE?

MATTHEWS: IT WOULD'VE BEEN MINE AND, AND COMMANDER DICKEY'S. I MEAN IT WAS, I DIDN'T DO STUFF LIKE THAT WITHOUT KEEPING HERIN THE LOOP.

YOUNG: OKAY. AND WHAT WAS THE OUTCOME OF JERRY CHAMPION'S INVESTIGATION?

MATTHEWS: SUSTAINED FINDINGS OF HARASSMENT, JUST THE EXACT SAME POLICY THAT I HAD SHOWED TO TAMA OVER AND OVER AGAIN.

YOUNG: YOU MENTIONED THAT DARLENE DICKEY WAS THE ONE THAT SAID SHE NEEDED TO BE TRANSFERRED OUT OF INTERNAL AFFAIRS?

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MATTHEWS: SHE'S THE ONE THAT MADE THAT DECISION, YES.

Review of Sergeant James Newton's internal affairs investigation revealed the following findings by Detention Deputy Sergeant Jerry Champion:

213.4, Conduct- Standards of, Improper Conduct Offenses (16) Harassment

SUSTAINED

213.4, Conduct - Standards of, Improper Conduct Offenses (15), Sexual Harassment

UNSUBSTANTIATED

Then patrol Commander James "Bobby" Jackson recommended a 40-hour suspension. This was reviewed by the Disciplinary Review Board who unanimously voted in favor of the suspension. Sheriff Morgan did not concur with the DRB's recommendation, instead, issued a letter of reprimand. Sergeant Newton was issued a written reprimand on March 14, 2011, by Commander Jackson that stated "Through your course of conduct on March 3, 2010, September 20, 2010, October 24-27th, 2010, and November 15, 2010, you created a pattern of inappropriate touching, comments, and actions of derogatory text messages that created an offensive and intimidating working environment for Deputy Actions such as these will not be tolerated now or in the future. The Staff Summary Sheets associated with this incident were signed by Senior Commander Darlene Dickey, Commader Barbara Wertz, Chief Deputy Larry Aiken and Sheriff Morgan. On March 14, 2011, Captain Butch Lewis, Jr. submitted a memorandum to Sheriff Morgan regarding the recommended demotion of Sergeant James Newton. In this memo several incidents of counseling incidents were given for operational errors, failure to attend training, leaving assigned post, and neglect of Duty/Absence from Duty without proper notification. Commander James Jackson concurred with Captain Lewis's recommendation. Sheriff Morgan demoted Sergeant Newton to Senior Deputy effective March 15, 2011. Escambia County Sheriffs Office personnel history card shows Chief Haines had a rank designation of Commander and was transferred to Administration on May 29, 2010. Escambia County Sheriffs Office personnel history card shows Darlene Dickey promotion to Senior Commander on January 30, 2010, and was assigned to Chief/Professional Standards as OIC after a reorganization.

Barber was disciplined by Lieutenant Walter Matthews, who answered to the Commander over Internal Affairs, Darlene Dickey. Commander Dickey reported directly to then Chief Larry Aiken. Barber informed me she was a PBA board member while she was assigned to Internal Affairs. She also stated Lieutenant Matthews, Sergeant Scott Allday and Sergeant Terry Hardy were

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PBA board members while working in Internal Affairs.

YOUNG DID YOU EVER RECEIVE ANY HARDSHIP OR HOSTILE COMMENTS FROM WALTER MATTHEWS AS YOUR FIRST LINE SUPERVISOR IN IA BECAUSE OF YOUR PBA AFFILIATION?

BARBER: NO. I, I DON'T THINK SO. AFTER I LEFT, THE UNIT HE ENDED UP, HE WAS STILL IN IA FOR A WHILE, AND SO WAS UH TERRY HARDY AND UHM THEY BOTH GOT ON THE BOARD AND THEY WERE STILL IN PBA, SO. AND THAT WAS DIFFERENT BECAUSE I WAS THE FIRST PERSON I THINK REALLY THAT HAD DONE THAT. AND THEN THEY DECIDED THAT WAS A GOOD IDEA AFTER I LEFT IA, THAT THEY GET ON THE BOARD SO

YOUNG: SO THEN THE BOARD WAS COMPRISED OF PBA (INAUDIBLE)

BARBER: TWO PBA, TWO IA

YOUNG: (INAUDIBLE) YEAH

BARBER: YEAH

YOUNG: OKAY. DID ANYBODY EVER SAY THEY HAD HEARD RUMORS OR COMPLAINTS THAT THE ADMINISTRATION OR SPECIFICALLY CHIEF HAINES HAD A PROBLEM WITH THAT?

BARBER: WITH US BEING ON THE BOARD?

YOUNG: CORRECT

BARBER: I DON'T THINK SO

YOUNG: DID ANYTHING EVER ARISE ALLEGING COMPLICATIONS THAT YOU WERE BLENDING YOUR JOB ASSIGNMENT IN IA WITH REPRESENTING ANYBODY

BARBER: NO

YOUNG: FROM ANYBODY THAT WAS IN IA AND (INAUDIBLE)

BARBER: I DIDN'T REPRESENT ANYONE

YOUNG: BUT WHEN WALTER MATTHEWS WAS HERE OR I BELIEVE SCOTT ALLDAY, HE WAS ALSO 103 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: (INAUDIBLE)

YOUNG: ONE UHM

BARBER: HEWAS HERE FOR LIKE, NOT LONG

YOUNG: SO ANY OF THE PEOPLE THAT WERE IN IA, WERE THEY, DID THEY EVER COUNTER ANY RESISTANCE OR HARDSHIPS FROM THE ADMINISTRATION

BARBER: I MEAN, I DON'T KNOW

YOUNG: NOT THAT YOU KNOW OF

BARBER: NO I DON'T, I STAYED IN MY OFFICE.

YOUNG: (INAUDIBLE)

BARBER: YEAH

YOUNG: SO IF SOMEBODY HAD ENCOUNTERED ANY HOSTILITY FROM THE ADMINISTRATION BY BEING

BARBER: THEY PROBABLY WOULD'VE TALKED ABOUT IT, BUT IT, I MEAN, IT'S NOT LIKE WE MEET ONCE A QUARTER. SO YOU KNOW

YOUNG: BUT I WOULD HOPE SINCE YOU ARE PBA THAT IF ANOTHER PBA MEMBER WAS BEING TORMENTED OR

BARBER: THEY MIGHT NOT NECESSARILY TELL ME. I DON'T KNOW. YOU'D HA VE, I DON'T KNOW ANYTHING BUT THAT DOESN'T MEANT THAT IT DIDN'T HAPPEN OR THAT IT DID HAPPEN OR IT DID HAPPEN. I DON'T KNOW

YOUNG: WHEN YOU WERE ON THE PBA, WHEN YOU WERE IN INTERNAL AFFAIRS, WHAT WAS YOUR POSITION? I CAN'T REMEMBER

BARBER: I WAS ON THE, JUST THE BOARD

YOUNG: JUST THE BOARD

I spoke with Lieutenant Matthews regarding his assignment in Internal Affairs while being a PBA board member:

YOUNG: WHEN YOU WERE IN INTERNAL AFFAIRS, DID YOU JOIN P.B.A.? 104 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MATTHEWS: I WAS IN THE P.B.A. BEFORE.

YOUNG: I'M SORRY, WERE YOU ON THE BOARD, DID YOU JOIN THE P.B.A. BOARD?

MATTHEWS: I DID, I DID GET ON THE P.B.A. BOARD.

YOUNG: WAS THERE ANYBODY ELSE IN INTERNAL AFFAIRS WITH YOU THAT JOINED THE BOARD?

MATTHEWS: ALLDAY WAS ALREADY ON THE BOARD, THEY HAD SOME BOARD OPENINGS, UHM THE DISCUSSION WAS TONY JORDAN WANTED TO BE ON THE BOARD, AND SO THEY'D REACHED OUT TO ME AND SAID WOULD YOU LIKE TO BE ON THE P.B.A. BOARD? AND SO I HAD TO GO GET A SIGNATURE CARD, SO I WENT TO BRIAN RUPERT AND I WAS LIKE, THEY WANT ME ON THE BOARD, WILL YOU SIGN AND HE'S LIKE WHAT FOR? I SAID DO YOU WANT ME OR TONY JORDAN? AND HE SIGNED THE CARD. SO BUT UH, I, I WAS, I NEVER, SUPER ACTIVE WITH IT AT ALL AND I'M NOT ON THE BOARD ANYMORE.

YOUNG: THE P.B.A. SOLICITED YOU?

MATTHEWS: YES. SCOTT ALLDAY SPECIFICALLY.

YOUNG: DID YOU EVER HA VE ANY HOSTILITY OR HARASSMENT OR RETALIATION COME TO YOU FROM CHIEF HAINES FOR BEING AP ART OF THE P.B.A. BOARD?

MATTHEWS: NO.

YOUNG: DID ANYBODY ELSE EVER GET HARASSED OR MISTREATED BY CHIEF HAINES BECAUSE YOU WERE ON THE BOARD?

MATTHEWS: NOT TO MY KNOWLEDGE.

YOUNG: IF ANYBODY HAD BEEN MISTREATED OR TREATED WITH HOSTILITY BY CHIEF HAINES, WOULD YOU GUYS HAVE DISCUSSED THIS AT YOUR QUARTERLY P.B.A. MEMBERSHIP MEETINGS?

MATTHEWS: I WOULD THINK SO.

YOUNG: ONE WOULD THINK THAT IT WOULD BE DISCUSSED, BECAUSE IT 105 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

WOULD PROBABLY BE THE UH PROBLEM.

MATTHEWS: SURE.

YOUNG: SO, OKAY.

MATTHEWS: I DON'T RECALL EVER HEARING ANYTHING ABOUT IT.

YOUNG: SO NO ONE HAS EVER APPROACHED YOU IN THAT TIME FRAME AND SAID THAT THEY WERE BEING HARASSED OR TARGETED, RETALIATED AGAINST BY THE SHERIFF'S OFFICE OR CHIEF HAINES?

MATTHEWS: NO.

YOUNG: OKAY. ARE YOU A WARE OF LIEUTENANT BARBER BEING HARASSED OR RETALIATED AGAINST BY CHIEF HAINES BECAUSE OF HER P.B.A. AFFILIATION?

MATTHEWS: NO.

I spoke with Sergeant Tyree, who is currently the PBA President about discipline and interference from Chief Haines:

YOUNG: HOW LONG HAVE YOU WORKED UNDER CHIEF HAINES THIS SIDE OF THE HOUSE?

TYREE: YEAR AND A HALF, I GUESS

YOUNG: HAVE YOU DISCIPLINED ANY OF YOUR EMPLOYEES?

TYREE: I HAVE

YOUNG: AND HAS CHIEF HAINES EVER COME TO YOU AND TOLD YOU YOU COULD NOT DISCIPLINE SOMEBODY?

TYREE: NO

YOUNG: LIKE YOU WERE. HAS HE EVER COME TO YOU AND TOLD YOU YOU HAD TO DISCIPLINE SOMEBODY?

TYREE: NO

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YOUNG: HAS HE EVER COME IN AND DICTA TED TO YOU HOW YOU RAN YOUR UNIT AT YOUR LEVEL?

TYREE: NO

YOUNG: OKAY. ARE YOU A WARE WHETHER CHIEF HAINES GOES ON THE OTHER SIDE AND TELLS OPERATIONS COMMANDER AND COLONEL HOW TO DISCIPLINE THEIR PEOPLE?

TYREE: I HAVE NO IDEA

YOUNG: AS A PBA REP, HAS ANYBODY COME TO YOU AND TOLD YOU THAT

TYREE: IT, THEY, YOU KNOW THE, THE CONSENSUS IS HE RUNS ALL DISCIPLINE. THAT'S THE CONSENSUS THAT HE RUNS ALL DISCIPLINE. THAT IT ALL GOES THROUGH HIM. BUT UHM I DO KNOW THAT I SEE THE SIGNATURES OF BOTH SIDES WHEN I LOOK AT THE DISCIPLINE SO I DON'T KNOW IF THAT'S NECESSARILY TRUE. BUT A LOT OF PEOPLE FEEL THAT WAY.

YOUNG: WELL HE IS THE CHIEF DEPUTY

TYREE: YES HE IS. YES.

Barber continued her complaint by stating the following:

"Also, in 2018-2019 a newly promoted male sergeant was accused of harassing female officers on the shift and making disparaging comments to and about them. That sergeant, who was on probation, was merely transferred to another shift. The husband of one of the females who filed the complaint against the sergeant works on the shift the sergeant was transferred to".

Barber stated Deputy Brittany Powers came from Sergeant Robert Greene's shift to her shift. Deputy Powers is friends with Deputy Emily Stevens and Deputy Mildred Smallwood. Barber stated she was told by Deputy Powers and Deputy Stevens that a complaint had been made to Captain Lisa Hall regarding inappropriate comments made by Sergeant Greene, but she had no personal knowledge of the complaint. Barber stated the following in reference learning about the information:

YOUNG: SO THE FEMALES THAT WERE IMPACTED BY THE STATEMENTS TALKED AND DISCUSSED THINGS. BRITT ANY POWERS CAME TO

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YOUR SHIFT. SHE SHARED THIS INFORMATION WITH YOU AND CONCERNS.

BARBER: YEAH. JUST IN GENERAL CONVERSATION WITH EVERYBODY, YOU KNOW, THAT

YOUNG: AND WHAT ADVICE OR GUIDANCE DID YOU GIVE HER OR

BARBER: WELL, I ASKED HER IF IT HAD BEEN REPORTED.

YOUNG: OKAY

BARBER: AND UHM BUT I THINK BY THEN IT ALREADY HAD.

YOUNG: SO IT SOUNDS THOUGH THAT HE HAD COMPLAINTS BROUGHT AGAINST HIM

BARBER: YEAH

YOUNG: FOR SEXUAL HARASSMENT

BARBER: COMMENTS

YOUNG: COMMENTS. HOSTILE COMMENTS.

BARBER: RIGHT

YOUNG: EVEN GENDER BASED COMMENTS. THOSE WERE ALL REPORTED BY ALL THESE FEMALE OFFICERS

BARBER: YEAH REALLY, I KNOW BY

YOUNG: OR AT LEAST CORROBORATED

BARBER: WHEN, I KNOW AT LEAST MIMZY FILED SOMETHING WITH LISA.

YOUNG: OKAY

BARBER: HALL, I THINK. AT THAT TIME. AND THEN I KNOW THE OTHER GIRL DID, BECAUSE THAT WAS ACTUALLY INVESTIGATED. I DON'T KNOW WHAT HAPPENED WITH THE MIMZY THING. UHM AND I HEARD THEY WERE TALKING TO EVERYBODY ON THE, ALL THE FEMALES ON THE SHIFT. AND I DON'T KNOW IF THEY CALLED BRITTANY IN OR NOT. I

YOUNG: OKAY. OKAY. AND YOU DON'T HA VE ANY GENDER BIASED 108 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

DISCRIMINATION ISSUES AGAINST YOU IN THIS CIRCUMSTANCE

BARBER: NO. I DON'T. NEVER WORKED WITH HIM BUT ONE GIG MAYBE. YOU KNOW

YOUNG: AND ARE YOU AWARE OF CHIEF HAINES' INVOLVEMENT IN ANY OF THIS?

BARBER: NO

Then Captain Lisa Hall received the complaint made by Deputy Smallwood. This incident, was investigated and resulted in the following policy violation:

SUSTAINED: 213.3 Improper Conduct Offenses-Courtesy

After Sergeant Greene's transfer to the north end, an additional complaint was investigated by Captain Tom Greer that resulted in the following policy violations:

SUSTAINED: 213.3 (15) Improper Conduct Offenses - Derogatory Remarks 213.3 (68) Improper Conduct Offenses - Unbecoming Conduct No complaints have been made by Deputy Ellis Smallwood regarding Sergeant Greene being placed on his shift.

In my interview with Captain Greer and Commander Jackson, I asked the following:

YOUNG: HAS CHIEF HAINES BEEN INVOLVED IN ANY OF THE TRANSFERS OR DISCIPLINE OR DIRECTIVES TOWARDS YOU INVOLYING SERGEANT GREENE?

GREER: NO.

YOUNG: OKAY. HAS CHIEF HAINES GIVEN YOU ANY ORDERS OR DIRECTIVES ON HOW TO HANDLE THIS COMPLAINT?

JACKSON: ON GREENE?

YOUNG: CORRECT

JACKSON: NO 109 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: OKAY. AND HAS CHIEF HAINES DISPLAYED ANY GENDER BIAS, OR DISCRIMINATORY VIEWS, OR REMARKS, OR DIRECTIVES, OR ORDERS INVOLVING SERGEANT GREENE'S CASE?

JACKSON: NO.

On August 6, 2019, Commander Mark Jackson concurred with Colonel Ron Ross's recommendation for Sergeant Greene's demotion. On October 17, 2019, Sergeant Greene was served a Notice of Disciplinary Action for a 30-hour suspension and a demotion to Deputy Sheriff 1st Class. Barber alleged the following complaint:

"Another male sergeant has had numerous disciplinary actions, including while he was on probation, and has been the subject officer in multiple Internal Investigations. However, he has never been suspended, transferred, or demoted".

I spoke with Barber about the facts she presented:

BARBER: THAT'S UH FIFTEEN, THAT IS, THAT WAS SHORETTE

YOUNG: UHM. YEAH THAT UH HE HAD MULTIPLE INTERNAL AFFAIRS INVESTIGATIONS.

BARBER: YEAH. SHORETTE. YEAH.

YOUNG: SERGEANT

BARBER: YOU'D HAVE TO ASK LEE ABOUT THAT BECAUSE LEE KNOWS ABOUT ALL OF HIS COMPLAINTS.

YOUNG: UHM HOW MANY INTERNAL AFFAIRS INVESTIGATIONS ARE YOU AWARE OF?

BARBER: I DON'T KNOW

YOUNG: RIGHT. DO YOU HA VE ANY PERSONAL KNOWLEDGE OF SERGEANT SHORETTE' S DISCIPLINE OR IA'S?

BARBER: NO. I REALLY DON'T WANNA KNOW.

YOUNG: DO YOU KNOW IF ANY OF HIS ALLEGATIONS WERE SUSTAINED VIOLATIONS?

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BARBER: I DON'T KNOW.

YOUNG: DO YOU KNOW OF ANY FEMALE COMPARISONS THAT HAVE GONE THROUGH A LOT OF DISCIPLINE AND GONE THROUGH IA'S AND TREATED IN THE SAME FORM ORFASHION AS HE?

BARBER: I DON'T, I CAN'T THINK OF ANY FEMALE THAT'S HAD THAT MANY IA'S OR HAD, YOU KNOW, NUMEROUS, WHEN I SAY THAT MANY I JUST MEAN A BUNCH. I DON'T KNOW HOW MANY BUT IT'S NOT, YOU, IT DIDN'T USED TO BE A COMMON THING.

YOUNG: WHY DO YOU SAY THAT YOU CAN'T THINK OF A FEMALE THAT'S HAD THAT MANY IA'S

BARBER: BECAUSE I, I DON'T KNOW. LOOK, LEE WILL TELL ME ABOUT SOMETHING THAT HAPPENED AND I'LL FORGET ALL ABOUT IT. I'LL BE LIKE, I'M LIKE LEE YOU NEED TO WRITE THIS STUFF DOWN. BECAUSE I CAN'T REMEMBER. THERE'S SO MANY IA'S, I DON'T KEEP THEM STRAIGHT. THEY DON'T REALLY. SO

YOUNG: DO YOU FEEL LIKE WOMEN HAVE THE SAME DISCIPLINE PROBLEMS AS MEN?

BARBER: HMM PROBABLY I, I DON'T KNOW THEY'RE, EVERYONE IS DIFFERENT. EVERYONE SCREWS UP IN DIFFERENT WAYS. YOU KNOW. SO I DON'T, IT'S NOT A GOOD COMPARISON.

YOUNG: SO YOU THINK THAT THEY'RE PRETTY MUCH EQUIVALENT THEN IN

BARBER: I HAVEN'T HEARD OF ANY FEMALE, BUT I DON'T, I MEAN THERE COULD BE, I DON'T, THAT'S HAD A BUNCH OF IA'S THAT I CAN THINK OF RIGHT NOW.

Per Barber's recommendation, I spoke with Sergeant Tyree about Sergeant Brian Shorette:

YOUNG: ARE YOU AWARE OF HIM HAYING MULTIPLE DISCIPLINARY ACTIONS WHILE ON PROBATION?

TYREE: I DON'T KNOW IF HE WAS ON PROBATION OR NOT. I KNOW AS A SERGEANT, HE'S HAD MULTIPLE UHM WRITE UPS AND STUFF.

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YOUNG: DO YOU RECALL WHAT THOSE WRITE UPS WERE FOR?

TYREE: I REMEMBER THE IA ONE BEING SOMETHING ABOUT DROPPING AN INMATE IN THE SALLY PORT UHM I THINK HE GOT WRITTEN UP FOR YOU KNOW THERE'S SO MANY DISCIPLINE THINGS THAT I HAVE TO KEEP UP WITH. NO, I, I WOULDN'T BE SURE. I COULD SAY BUT I WOULD BE JUST GUESSING AT THIS POINT.

YOUNG: DO YOU FEEL AS THE PBA PRESIDENT THAT HIS DISCIPLINE THAT HE'S RECEIVED WAS HANDLED APPROPRIATELY?

TYREE: I REALLY, I HAD, I'VE NEVER REPPED HIM SO I'M NOT A WARE OF HIS DISCIPLINE. SO I WOULDN'T BE ABLE TO TELL YOU. I, I THIN HE'S ACTUALLY FOP OR SOMETHING. YOUNG: OKAY. ARE YOU A WARE OF ANY FEMALE OFFICERS HAYING SIMILAR INCIDENCES REGARDING DISCIPLINE WHERE THEY RECEIVED MORE DISCIPLINE THAN HE DID, OR

TYREE: I UH, UH I WOULD GUESS YOU WOULD WANT TO COMPARE A SERGEANT TO SERGEANTS AND I CAN'T THINK OF ANY. MO, UHM I'M TRYING TO JUST THINK OF FEMALES THAT HAD UH A HIGHER UHM AMOUNT OF DISCIPLINE UHM I MEAN THERE'S OBVIOUSLY BEEN FEMALES THAT HAVE GOTTEN IN TROUBLE A BUNCH BUT I CAN'T THINK OF WHERE THEY GOT MORE THAN ANYBODY ELSE WHO WOULD'VE DONE WHAT THEY DID. SO

YOUNG: OKAY. DO YOU FEEL LIKE ANY OF THE DISCIPLINE THAT WE'VE TALKED ABOUT HAS BEEN IMPROPORTIONATE OR THE PEOPLE HAVE BEEN TARGETED, AND TREATED IN AN UNFAIR FASHION?

TYREE: ALMOST EVERY PERSON THAT I REP THAT HAS MORE THAN ONE IA THINK, FEELS LIKE THEY'RE BEING TARGETED. THAT'S A COMMON THEME THAT I GET EVERYDAY. SO WHETHER I PERSONALLY BELIEVE IT OR THEY TELL ME, I MEAN, THERE'S QUITE A FEW THAT TELL ME. UHM IS THERE TIMES WHEN I THINK THAT THE DISCIPLINE IS HEAVIER FOR CERTAIN INCIDENTS (INAUDIBLE) YEAH. BUT I DON'T THINK THAT HAS ANYTHING TO DO WITH MALE, FEMALE. I THINK IT JUST UHM I THINK YOUR REPUTATION AND WHAT YOU'VE DONE IN THE PAST DOES EFFECT YOU AND UHM YOU KNOW. THERE'S SOME

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PEOPLE THAT CLEARLY GET A LOT OF YOU KNOW WILL GET SOME BREAKS. I'M SURPRISED THOUGH, I'M, I, I'M USUALLY MORE SURPRISED WITH SOME OF THE BREAKS THEN I AM THE HEAVY UHM HITS ON DISCIPLINE. UHM I ALWAYS, ALWAYS COMP ARE IT LIKE, IF I WOULD'VE DONE THAT, I WOULD'VE BEEN FIRED. THEY GOT IT, THEY DIDN'T GET FIRED. I MEAN, YOU KNOW, THAT'S KIND OF THE THOUGHT PROCESS I GET A LOT OF TIMES. SO

I also spoke with Captain Greer who was Sergeant Shorette's supervisor. I asked Greer the following:

YOUNG: IN THIS PARAGRAPH, LIEUTENANT BARBER STA TES THAT SERGEANT SHORETTE HAS HAD NUMEROUS (INAUDIBLE) DISCIPLINARY ACTIONS WHILE HE WAS ON PROBATION AND ESSENTIALLY INDICATED HE RECEIVED SPECIAL TREATMENT AND WAS INVOLVED IN MULTIPLE INTERNAL AFFAIRS INVESTIGATIONS. ARE YOU A WARE OF ANY OF THAT?

GREER: I KNOW I DISCIPLINED BRIAN IN SEVENTEEN MAYBE, HE AND MATT ROE FOR THE SAME PURSUIT INVOLVING ZACK WARD, JAKE BANDURSKI, AND SOMEBODY ELSE. UHM BUT PRIOR TO THAT DISCIPLINE, I'M NOT AWARE THAT HE'S BEEN, WELL HE WORKED FOR ME BEFORE HE GOT PROMOTED. I HAD NO DISCIPLINE ISSUES WITH HIM WHEN HE WORKED FOR ME IN PROPERTY CRIMES. HE GOT PROMOTED AND WENT TO THE ROAD. IF HE WAS ON PROBATION AND RECEIVED DISCIPLINE IT, IT DIDN'T COME FROM ME THAT I CAN RECALL.

Sergeant Shorette received a General Counseling in January, 2016, for violation of G.O. 213.23 Failure to follow general orders, directive, and sheriffs policy: G.O. 535.12- Computer/Digital Storage/Devices/other equipment. Sergeant Shorette was promoted in August 2015 and finished his probationary period August 2016. A search of Sergeant Brian Shorette revealed one internal affairs investigation conducted by pt Lieutenant Carl Jones in 2017. The alleged policy violation was G.O. 213 Conduct- Standards of, 213.3 Improper Conduct Offenses, #53 Excessive Force. The finding was EXONERATED. Shorette received a General Counseling in January 2017 for violation of G.O. 213.3.52 Damage to County Vehicle and one in July 2018 for violation of G.O. 213.5 (1) Job Knowledge and Skills for a pursuit.

113 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

I then inquired as to the male sergeant Barber stated was transferred so he could make his probation. Barber stated she heard through the "rumor mill" Sergeant Jacob Holloway wasn't going to make probation. I asked Barber what facts she had to support her statement and she replied:

YOUNG: SO THEN OTHER THAN THE RUMORS, WHAT FACTS SUPPORT THAT THEY WEREN'T GOING TO MAKE PROBATION AND TRANSFERRED TO SAVE THEM?

BARBER: THAT'S JUST THE RUMORS

Barber said she heard Sergeant Delarian Wiggins wasn't going to make probation and advised while she was a Sergeant over the School Resource Program, she was instructed to help him with reports and/or timesheets by Commander Dale Tharp or Captain Robby Martin. Sergeant Wiggins was transferred back to Community Services after six months on patrol and completed probation. Barber stated Sergeant Jacob Holloway was another Sergeant that wasn't going to make his probation, but was transferred to ensure he wasn't demoted. This was told to her through the "rumor mill" but could not give specific details. Sergeant Holloway was promoted to sergeant February 2018, and was assigned to Lieutenant Brandon Barnhill. He received 5 "below standards" and one "meets standards" on his May 2018 evaluation. In June 2018 he received a letter of counseling for violation of G. 0. 213.5.1 -Job knowledge and Skills. On his August 2018 evaluation, he received 3 "below standards" and 3 "meets standards". Sergeant Holloway was transferred to a midnight shift under the supervision of Lieutenant James Barnes. On Sergeant Holloways January 2019 evaluation, completed by Lieutenant Barnes, he received 6 "meets standards". Sergeant Holloway transferred to Community Relations/Domestic Security on December 22, 2018. Barber additionally alleged a complaint regarding the below:

"Under your administration there has never been a female supervisor on Pensacola Beach, in Warrants, Century, DUI/Traffic Unit, HIP, TAC, Homeland Security, or in charge of Bike Patrol, to name a few. Two males and one female were promoted to staff positions when they did not do well enough on the promotion list to become a Lieutenant. Several male sergeants, who were allegedly not doing well on patrol, were transferred to other positions so that they could make it through their probationary status. I'm not aware of any female supervisors given this opportunity".

YOUNG: BUT HAVE YOU HAD ANY FEMALE OFFICERS OR SUPERVISORS COME AND CONFIDE IN YOU AND SAY HEY, I KIND OF WANTED TO GO TO HIP AND I WAS DENIED AND NOT ALLOWED TO GO, OR

114 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: NO. BECAUSE, LIKE I SAID, THEY USUALLY GO TO SOMEONE AND ASK. THE ONLY THING PEOPLE TALK ABOUT ARE OH THEY ASKED SO AND SO TO GO TO HIP. I'M LIKE, I DON'T KNOW OF ANY FEMALES THEY'VE ASKED. NO ONE, YOU KNOW

YOUNG: BUT YOU HAVE NEVER HEARD OF ANY FEMALE OFFICERS THEN THAT HAVE REQUESTED TO GO TO ANY OF THESE UNITS AND NOT BEEN ALLOWED TO GO

BARBER: I DON'T. NO, I HAVEN'T POLLED PEOPLE. I JUST KNOW THERE'S NEVER BEEN SUPERVISORS IN THOSE UNITS.

YOUNG: OKAY. DO YOU KNOW IF ANYBODY EVER REQUESTED TO GO

BARBER: I DON'T KNOW. I'VE, LIKE I, I DON'T POLL PEOPLE. I DON'T ASK THEM. IT'S JUST NOTICEABLE THAT THEY'RE AREN'T ANY THERE.

Barber stated Captain Greer would not allow her to submit paperwork to join the Crisis Negotiations Team because of her "rank, not her gender". I asked her:

YOUNG: DID YOU FOLLOW UP WITH ANY QUESTIONS TO THE PATROL COMMANDER OR

BARBER: NO BECAUSE

YOUNG: CHIEF HAINES

BARBER: IT CAME FROM SOMEONE LIKE THAT. HE, I DON'T REMEMBER WHO HE TOLD ME SAID I COULDN'T. SO. I ALMOST

YOUNG: I CAN TELL YOU, I'M OVER THE DIVISION AND IT DIDN'T COME FROM ME.

I spoke with Captain Greer regarding the denial:

YOUNG: DID YOU DENY LIEUTENANT BARBER FROM SUBMITTING PAPERWORK TO JOIN THE CRISIS NEGOTIATION TEAM?

GREER: YES.

YOUNG: WHY?

115 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: UHM SHE WAS A SHIFT LIEUTENANT, UHM I HAD A CONVERSATION WITH COMMANDER CUSTER AGAIN, UHM AND HE FELT IT WAS PRUDENT FOR HER TO STAY WHERE SHE WAS AND NOT BE CAUGHT UP IN UHM OTHER AREAS BECAUSE SHE WAS A SHIFT LIEUTENANT.

YOUNG: WAS IT BECAUSE SHE WAS A FEMALE?

GREER: BECAUSE SHE WAS A SHIFT LIEUTENANT.

YOUNG: WHY BECAUSE SHE WAS A SHIFT LIEUTENANT?

GREER: I DON'T THINK SHIFT LIEUTENANTS SHOULD BE REALLY INVOLVED IN HOSTAGE NEGOTIATIONS (INAUDIBLE) NEVER BEEN IN PLACE BEFORE.

YOUNG: WERE THERE ANY OTHER SHIFT LIEUTENANTS ON THE TEAM AT THE TIME?

GREER: I THINK THE ONLY PEOPLE ON THE TEAM AT THE TIME WERE BRIAN AND HEATH, AND THEY'D BOTH BEEN ON THE TEAM FOR GOD KNOWS HOW MANY YEARS.

YOUNG: WERE THEY LIEUTENANTS?

GREER: NO, THEY WERE SERGEANTS.

YOUNG: SO THE DECISION WAS COMMANDER CUSTER'S OR YOURS AND COMMANDER CUSTER'S?

GREER: ULTIMATELY IT CAME FROM HIM. I UHM, I, I'D HAD CONCERNS BECAUSE SHE'S A SHIFT LIEUTENANT, SHE HAS ENOUGH ON HER PLATE. UHM AND BAIN AGREED WITH ME AND BASICALLY SAID NO.

YOUNG: DID CHIEF HAINES HAVE ANY INVOLVEMENT IN THIS DECISION?

GREER: I HAD, BAIN AND I HAD CONVERSATION. IF BAIN HAD A CONVERSATION WITH CHIEF HAINES, I'M NOT PRIVY TO IT.

YOUNG: HAVE YOU FOLLOWED THE SAME GUIDELINES WITH MALE OFFICERS ON YOUR SHIFT? 116 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

GREER: OH YEAH.

YOUNG: SO YOU'VE DENIED MALE OFFICERS' TRANSFER ORDERS?

GREER: YES, ABSOLUTELY.

YOUNG: HAS CHIEF HAINES GIVEN YOU A DIRECTIVE OR TOLD YOU HEY, YOU HAVE TO DENY TRANSFER ORDERS UNLESS THEY'VE BEEN HERE THIS LONG OR

GREER: NO.

YOUNG: YOU CAN'T FOR THIS REASON?

GREER: NO.

YOUNG: SO IT'S BEEN STRICTLY YOUR DECISION?

GREER: YEP.

Commander Jackson confirmed there are multiple things accessed when allowing a supervisor to apply or transfer to a specialty unit. Paperwork can be denied before it gets to the Commander level. Jackson stated he had no knowledge of Chief Haines being involved in Barbers denial and any request from the patrol division would not go through Chief Haines. Sergeant Tyree, Sergeant Newton and Lieutenant Matthews stated the following in regards to female supervisors transfer request:

YOUNG: ARE YOU PERSONALLY A WARE OF ANY FEMALE SUPERVISORS REQUESTING TO TRANSFER TO PENSACOLA BEACH, WARRANTS, CENTURY, DUI, TRAFFIC, HIP, TAC, HOMELAND SECURITY, OR BIKE PATROL AND HAVING BEEN DENIED BECAUSE THEY WERE FEMALE?

TYREE: NOPE

YOUNG: ARE YOU AWARE OF ANY FEMALE OR MALE WANTING TO TRANSFER SOMEWHERE AND BEING DENIED BY CHIEF HAINES BECAUSE OF THEIR GENDER?

TYREE: NO 117 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: OR ANY OTHER DISCRIMINATORY FACTOR?

TYREE: NO

YOUNG: HAVE YOU RECEIVED ANY COMPLAINTS OR GRIEVANCES TO THE PBA REGARDING THE DENIAL OF TRANSFER REQUESTS BASED ON GENDER OR DISCRIMINATION?

TYREE: NO

YOUNG: AND TO YOUR KNOWLEDGE, DOES CHIEF HAINES EVEN HAVE ANYTHING TO DO WITH TRANSFER REQUESTS?

TYREE: NO, I THINK IT GOES TO ANDREW HOBBS

YOUNG: OKAY

TYREE: UNLESS I GUESS IT'S IN ADMIN SIDE

YOUNG: WOULD IT HAVE TO GO THROUGH OTHER LEVELS OF MANAGEMENT

TYREE: RIGHT

YOUNG: BEFORE IT EVEN GOT TO HIM

TYREE: RIGHT

YOUNG: ARE YOU AWARE OF ANY FEMALES EVER BEING DENIED THE TRANSFER TO GO ANYWHERE BECAUSE OF THEIR GENDER?

NEWTON: NO.

YOUNG: OKAY. SO YOU HAVEN'T HAD ANYONE COME TO YOU IN YOUR P.B.A. ROLE TO FILE A GRIEVANCE BECAUSE THEY DIDN'T GET A TRANSFER THAT THEY WANTED AND THEY FELT THEY SHOULD'VE GOT IT, BUT THEY GOT IT

NEWTON: I'VE HEARD PEOPLE COMPLAIN, I MEAN, THE LAST ONE I HEARD COMPLAIN WAS SHORETTE WHEN SOMEBODY ELSE GOT THE SEX CRIMES SERGEANT POSITION. HE COMPLAINED ABOUT THAT, BUT THAT'S THE ONLY PERSON THAT EVER COMPLAINED BUT HE DIDN'T COME TO THE P.B.A. HE JUST COMPLAINED.

118 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: OKAY. SO THAT'S A MALE SERGEANT WHO WANTED TO GO TO ANOTHER DIVISION AND

NEWTON: AND A FEMALE SERGEANT GOT IT.

YOUNG: OKAY. IS CHIEF HAINES INVOLVED IN THOSE TRANSFERS WHEN IT COMES TO INVESTIGATIONS AND PATROL?

NEWTON: TO MY KNOWLEDGE, NO. HE'S IN CHARGE OF ADMIN, NOT, NOT PATROL.

YOUNG: TO YOU KNOWLEDGE, IS ANY CHIEF INVOLVED IN THE TRANSFER REQUESTS?

NEWTON: THAT USUALLY GOES TO THE COMMANDER. TO MY KNOWLEDGE, IT GOES TO THE COMMANDER, WHICH WOULD BE MARK JACKSON OR (INAUDIBLE) COLONEL OR BAIN CUSTER.

YOUNG: ARE YOU PERSONALLY A WARE OF ANY FEMALE SUPERVISORS REQUESTING A TRANSFER TO SPECIALIZED UNITS SUCH AS PENSACOLA BEACH, WARRANTS, CENTURY, T.A.C., H.I.P., HOMELAND SECURITY, OR BIKE PATROL AND BEING DENIED BECAUSE THEY'RE FEMALE?

MATTHEWS: NO.

YOUNG: ARE YOU A WARE WHETHER CHIEF HAINES HAS ANY INVOLVEMENT IN WHETHER SOMEONE PUTS IN A TRANSFER REQUEST OR GOES TO A TRANSFER (INAUDIBLE)?

MATTHEWS: IT'S, IT'S BEEN MY EXPERIENCE WORKING AROUND HIM, THAT HE LETS THE COMMANDERS DO THEIR JOB AND, AND THEY'RE THE ONES THAT DO THE TRANSFERS.

YOUNG: OKAY. AND HA VE YOU AS A LIEUTENANT OR WHEN YOU WERE A MEMBER OF THE P.B.A. RECEIVED ANY COMPLAINTS OR GRIEVANCES FROM ANY OTHER FEMALES WHO WORK AT THE SHERIFF'S OFFICE ABOUT ANY GENDER BIASED OR MISTREATMENT FROM CHIEF HAINES? 119 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MATTHEWS: ABSOLUTELY NOT.

I asked Commander Yuhasz about her assignments over her 33 years of employment at the Escambia County Sheriff's Office:

YOUNG: IN THE THIRTY-THREE (33) YEARS, HAVE YOU EVER BEEN ASSIGNED TO SPECIALIZED UNITS OR DIVISIONS?

YUHASZ: YES.

YOUNG: CAN YOU TELL ME WHICH ONES THOSE ARE?

YUHASZ: UHM, I'VE BEEN ASSIGNED, WELL FIRST STARTED OUT IN PATROL, AND THEN UHM, UH SCHOOL RESOURCE, UH D.U.I. SQUAD, INVESTIGATIONS IN UH DIFFERENT CAPACITIES, UHM BURGLARY, PROPERTY CRIMES, ROBBERY/HOMICIDE. UH I DID SOME CHILD ABUSE CASES. UH PROBABLY THE ONLY THING IN INVESTIGATIONS WOULD BE UH FRAUD AND FORGERY THAT I DIDN'T WORK, EVERYTHING ELSE. UHM PRECINCT INVESTIGATOR, UH INTERNAL AFFAIRS, UHM AND I WAS UH ASSIGNED AS PATROL CAPTAIN, AND THEN I WENT TO UH CENTRALIZED SERVICES UHM OVER VARIOUS, MOSTLY CIVILIAN UHM UNITS. AND THEN FORFEITURES, AND THEN BACK UP TO UH AN ADMINISTRATIVE UH POSITION WITH UHM, IT WAS COMMANDER HAINES AT THE TIME. I TOOK LIEUTENANT POWELL'S POSITION, AND THEN PROMOTED TO COMMANDER.

YOUNG: OF THESE DIVISIONS THAT YOU'VE WORKED IN, DID YOU PUT IN TRANSFER REQUESTS TO GO TO THEM, WERE YOU CALLED AND ASKED TO GO TO THEM?

YUHASZ: UHM, I KNOW I PUT IN A REQUEST TO GO TO UH SCHOOL RESOURCE AND UHM D.U.I. SQUAD AND INVESTIGATIONS. AND THEN I WAS ASKED IN THE DIFFERENT UH SECTIONS OF INVESTIGATIONS, WHEN I WAS IN PROPERTY IF I WOULD BE INTERESTED IN FRAUD AND FORGERY, UH ROBBERY/HOMICIDE, WHICH I DID NOT WANT TO GO TO UHM FRAUD AND FORGERY. SO AND ALSO I WAS ASKED TO GO BACK THERE, BUT I STAYED IN UHM UH ROBBERY/HOMICIDE.

YOUNG: OKAY. HA VE YOU EVER FELT LIKE YOU WERE UNABLE TO GO TO DIFFERENT DIVISIONS OR ASSIGNMENTS IN THE AGENCY BECAUSE YOU

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ARE A FEMALE?

YUHASZ: NO.

YOUNG: OKAY. CAN YOU TELL ME ABOUT RANKS THAT YOU'VE HELD?

YUHASZ: UHM, DEPUTY, SERGEANT, LIEUTENANT, FIRST LIEUTENANT, CAPTAIN. UHM UNDER UH SHERIFF MCNESBY, I WAS DESIGNATED AS DIRECTOR WHICH IS EQUIVALENT TO COMMANDER AND THEN I VOLUNTARILY DEMOTED TO LIEUTENANT, WHEN I WORKED IN FORFEITURES AND THEN I WAS PROMOTED OR GOT THE RANK DESIGNATION OF FIRST LIEUTENANT UNDER MORGAN AND THE, THE, THE VOLUNTARY DEMOTION WAS ACTUALLY UNDER MORGAN. UHM, AND THEN I WAS PROMOTED TO CAPTAIN AND THEN COMMANDER, UNDER MORGAN.

I spoke with Commander Jackson about Chief Haines' involvement when it comes to transfer requests. Jackson stated he would possibly "have input if it involved the administration side, but if it's the operations side, he doesn 't even get a copy or we don 't even put him on the uhm, the uhm staffsummary sheet. So he wouldn 't know about it until the order, ti! it come out on email." As a deputy, I, Colonel Mindy Von Ansbach Young, was in and served as a Field Training Officer. As a sergeant, I held the position of Field Training Officer Coordinator in Chief Haines' chain of command. I have held the position of Crisis Intervention Team Coordinator for the Escambia County Sheriffs Office since 2010. I have been a member of the Crisis Negotiations Team since 2010 and held the position as the Crisis Negotiations Commander since January 2017. I was promoted to Captain in 2017 and Colonel in 2018. I currently command the School Resource Officer Unit, Court Security, Extra Duty, Fleet Maintenance, Professional Standards, Accreditation, Training, Civil, Human Resources, Criminal Records, Information Technology, Dispatch, Report Takers and Asset Forfeitures. Barber was a Sergeant over the School Resource Program. Sergeant Joanna Ramos was a sergeant in School Resource, and served as Field Training Officer. Captain Dawn Janes was a sergeant in School Resource, a Field Training Officer and is currently a Captain in Investigations over the Special Victims Unit, Missing Persons, Cold Case, Criminal Registration, Victim Advocate, Warrants, and Intelligence. Sergeant Melony Peterson is the Coordinator for Crime stoppers. In Barber's statements she says: "/ 've never requested a transfer."

YOUNG: OKAY. DO YOU FEEL LIKE YOU HAVE BEEN GENDER-LY DISCRIMINATED AGAINST INVOLVING ANY TRANSFER REQUESTS, OR REQUESTS TO GO TO ANY SPECIALIZED UNIT?

BARBER: I DON'T BOTHER PUTTING IN

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YOUNG: OR

BARBER: FOR BECAUSE I'M PRETTY SURE I WON'T GET ACCEPTED, SO WHY, WHY LET THEM KNOW I'D LIKE TO DO SOMETHING JUST TO BE SHOT DOWN. IT JUST KIND OF. I STAY WHERE I'M AT. I DO MY JOB. SO, AND A LOT OF THOSE THINGS ARE, THEY ONLY PUT SERGEANTS. THEY HAVEN'T BEEN PUTTING LIEUTENANTS. SO, WHEN I GOT SHOT DOWN JUST FOR SOMETHING THAT YOU BASICALLY VOLUNTEER TO DO, WHY WOULD I TRY TO EVEN GO SOMEWHERE ELSE THAT'S MORE SPECIALIZED

YOUNG: ARE YOU A WARE OF ANY FEMALES THAT HAVE BEEN IN CHARGE OF OTHER AREAS OR DIVISIONS OF LEADERSHIP ROLES?

BARBER: WHAT DO YOU MEAN? LIKE THESE UNITS?

YOUNG: WELL

BARBER: OF COURSE YOU'RE GOING TO HA VE A COUPLE OF FEMALES. I MEAN, I AM IN A LEADERSHIP ROLE BECAUSE I TOOK THE TEST AND PASSED IT AND EVENTUALLY HE COULD NOT TURN ME DOWN AGAIN AND HAD TO PROMOTE ME. YOU WOULD COUNT ME AS ONE OF THOSE.

YOUNG: RIGHT

BARBER: YOU KNOW. SO I MEAN, BUT WE'RE TALKING MAINLY SPECIALIZED UNITS, THEY CHOOSE PEOPLE FOR, PRETTY MUCH. THEY DON'T EVER CHOOSE WOMEN. THEY, JOANNA, I THINK WENT TO ONCE. THAT'S IT.

In January 2019, Sergeant Melissa Scruggs submitted a transfer request to Investigations/Special Victims Unit that was originally denied by Commander Jackson, but approved and granted in May 2019. Sergeant Melony Peterson submitted a transfer request for her current Crime Stoppers Coordinator position. No other female supervisors have submitted transfer requests since 2004 per available documents. Sergeant Webber requested and was transferred to Court Security. Commander Yuhasz requested and was transferred to the Forfeiture Unit. Per Commander Yuhasz, Sergeant Carol Turner was the Sergeant over the Special Victims Unit and also requested and transferred to the Forfeitures Unit. Barber also stated she had issues with Major David Ingram, Major Andy Hobbs and Captain Dawn Janes receiving promotions to staff level. She stated: YOUNG: YOU REFERENCE THAT THEY DIDN'T DO GOOD ON THE LIEUTENANT'S TEST. 122 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

BARBER: WELL THEY DIDN'T, THEY DIDN'T DO WELL ENOUGH TO BE PROMOTED TO LIEUTENANT BECAUSE NONE OF THEM WERE CLOSE ENOUGH TO GET PROMOTED ON THE LIST. THEY IT, THEY WEREN'T GOING TO BE ABLE TO GET TO THEIR UHM THEIR NUMBER ON THE LIST UNLESS THEY PROMOTED SEVERAL IN FRONT OF THEM. AND THERE SUPPOSEDLY WASN'T THAT MANY OPEN SPOTS, AND THEN ONE OF THEM DIDN'T PASS. I, DON'T KNOW IF THAT WAS INGRAM OR HOBBS. I DON'T, I THINK IT WAS INGRAM MAYBE DIDN'T EVEN PASS THE LIEUTENANT TEST. SO

YOUNG: OKAY. DO YOU KNOW WHY THEY WERE PROMOTED? "" YOUNG: DO YOU KNOW IF CHIEF HAINES WAS PART OF THEIR

BARBER: OH I DON'T, I DOUBT THAT WAS FROM CHIEF HAINES.

YOUNG: PROMOTE

BARBER: THAT WAS PROBABLY FROM THE SHERIFF.

BARBER: NO

YOUNG: OKAY. DO YOU KNOW WHETHER THE SHERIFF HAS THE AUTHORITY THOUGH TO PROMOTE WHO HE CHOOSES

BARBER: OH YEAH. HE SURE DOES.

Lastly, Barber stated:

"There is additional direct evidence of gender discrimination in the way my interviewwas conducted. On 04/29/19, Chief Haines falsely claimed that in the past nine (9) months the Agency has prohibited every subject officer from speaking to their representatives during the IA/IA interview and review process. This is untrue:

• Zack Ward represented Jerome Zaid (male) and was allowed to speak with him during the review, without monitoring.

• Zack Ward represented Amber Perkins (female) and was not allowed to speak to her nor leave the interview room at the same time during breaks. They were also monitored during the review. 123 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

• I represented Sgt. Melony Peterson (female supervisor). We were monitored during the review process. We were allowed to leave the room at the same time, but had to go to separate bathrooms. Sgt. Peterson did not wish to say anything about this treatment at the time, for fear of retaliation, and we did not attempt to speak to each other. • I represented Steve McKay (male). We were allowed to leave the room together, go on a break together, and even walked to the PBA office together to relax for about l 0 minutes,freetodiscuss anything we wished. • Lee Tyree represented Lt. Bobby Nelson (male supervisor) and was not allowed to speak with him. • Lee Tyree represented Melody Hampton (female) and was not allowed to speak to her. • Lee Tyree represented Jimmie Wiggins (male) and was allowed to speak with him alone. • James Newton represented Matt Johnson (male) and was allowed to speak to him alone and take breaks with him. • Recently, after 04/29/19, Brian Shorette represented Robert Green (male supervisor). Due to several Investigators having various opinions between themselves, and with ChiefHaines, about whether the subject officer can talk to his representative or not, the JA process for that case has been put on hold. I have been informed that the Attorney General's Office has been contacted by either you, Chief Haines, or one of your other staff members, for an opinion on this matter. Therefore, you are aware of this and should have no problem presenting this matter before a Compliance Review Board fora decision.

Thesearealloftheexampleslhavebeenabletoobtainatthispointwithoutfurtherresearch".

Barber stated the interview process with Sergeant Melony Peterson upset her and she didn't want to be in trouble. Prior to the interview, Barber explained she told Sergeant Peterson they would be asking personal questions and she is not required to answer them, but Sergeant Peterson didn't want Barber to say anything because she "didn't want to make them mad about anything." Barber did state that Sergeant Peterson told her if "they're violating my rights, fine you can you know, but other than that." Barber stated she heard from Deputy Zack Ward and Sergeant Tyree that they couldn't talk during the process. Barber stated Lieutenant Jeremy 124 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Small and Commander Tracy Yuhasz conducted the interview. While Lieutenant Small never told them they couldn't go to the bathroom together, they felt like he was following them and watching them as they exited the Internal Affairs Unit. Barber stated:

BARBER: IN OUR PERCEPTION THAT HE WAS, IF WE DID TRY TO GO TOGETHER, HE WAS GOING TO STOP US. THAT'S WHAT WE FELT. SO BECAUSE HE WOULDN'T EVEN LET HER WALK DOWN TO HER OFFICE, WHICH WAS RIGHT, IT'S RIGHT AROUND THE CORNER. SO, WE DIDN'T EVEN BOTHER ASKING HIM. WHEN HE STARTED THAT, SAYING YOU CAN'T GO TO YOUR OFFICE AND SO I WAS LIKE, I'VE GOT TO GO TO THE BATHROOM AND SHE WAS GOING TO GO TO THE BATHROOM, AND THEN, AND IT'S JUST. I DON'T KNOW, IT'S LIKE A LOOK HE GA VE US AND SHE JUST HELD UP HER HAND AND SAID I'LL GO HERE, YOU GO THERE. IT, I MEAN, JUST, IT, HE DIDN'T

YOUNG: SO IT WAS MORE SO THE FEELINGS THAT YOU HAD

BARBER: YES

YOUNG: AND NOT ANYTHING THAT HE SAID. HE DID NOT SAY, YOU CAN'T GO TO THIS BATHROOM

BARBER: HE DIDN'T

YOUNG: RIGHT. YOU CAN'T GO AND TALK

BARBER: BECAUSE WE DIDN'T GIVE HIM A CHANCE

YOUNG: SO, YEAH, BUT IT'S JUST BASED UPON YOUR PERCEPTION AND, AND (INAUDIBLE)

BARBER: AND WHAT I HEARD

YOUNG: AND BASED ON WHAT

BARBER: YEAH

Barber stated there were no other 112 violations other than:

BARBER: NO. IT'S JUST THE, I HAD HEARD THAT STUFF AND THAT'S KIND OF THEIR ATTITUDE, REALLY.

125 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: SO, IF WE HAD TO SPECIFY WHAT IT WAS SHE WAS AFRAID SHE WOULD HAVE RETALIATION FOR BRINGING TO LIGHT THAT WOULD BE THE FEELINGS OR PERCEPTION THAT LIEUTENANT SMALL WAS FOLLOWING Y'ALL OUT AND HOVERING OVER YOU?

BARBER: YEAH. WATCHING US. EVERYTHING THAT WE DID. UHM HE WOULDN'T LET HER GO TO HER OFFICE AND GET SOMETHING HE NEEDED. IT JUST DIDN'T MAKE SENSE. WHY COULDN'T SHE GO WHEREVER SHE WANTS ON HER BREAK? I MEAN

I spoke with Sergeant Peterson regarding her interview. She stated she remembered Barber telling her there were some questions that can be asked, but she was not required to answer. Sergeant Peterson stated she wanted to get the whole thing over with and she always understood "you have to answer questions." Sergeant Peterson stated based on the complaint, she did not feel any of the questions were out of the ordinary and she would have asked the same questions. I asked if she ever expressed to Barber if she felt forced to answer questions or that she couldn't say anything due to retaliation and she said she never felt forced to answer anything. I asked Sergeant Peterson:

YOUNG: DO YOU FEEL LIKE YOU'RE ONE TWELVE (112) RIGHTS WERE VIOLATED?

PETERSON: I, NO. YOU KNOW, AGAIN, I WASN'T MISTREATED.

PITTMAN: DID YOU EVER BRING IT UP TO UH LIEUTENANT BARBER SA YING HEY, I THINK MY 112 RIGHTS ARE BEING VIOLATED AND I DON'T REALLY WANT TO SAY ANYTHING BECAUSE I'M IN FEAR OF RETALIATION? DID YOU EVER SAY ANYTHING LIKE THAT TO HER?

PETERSON: NO.

PITTMAN: AT ANY TIME DISCUSS ANYTHING LIKE THAT WITH HER?

PETERSON: NO, I DIDN'T.

PITTMAN: DID SHE HAVE ANY DISCUSSION LIKE THAT WITH YOU ABOUT 112 AND YOU SHOULD SAY THAT YOUR RIGHTS ARE BEING VIOLATED?

126 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

PETERSON: NO. UHM NOT PRIOR, NOW THE ONLY THING THAT WAS MENTIONED AGAIN, NOW SHE DIDN'T EVER BRING LIKE SPECIFICALLY 112

PITTMAN: THIS IS, I'M TALKING ABOUT ACTUALLY AT THE REVIEW WHEN YOU COME IN HERE, SIT DOWN, AND YOU REVIEWED EVERYTHING BEFORE YOUR INTERVIEW.

PETERSON: NO. I DON'T, NO. THERE WAS, THERE WASN'T LIKE, WE DIDN'T DISCUSS ANYTHING. YOU KNOW, THERE WAS NO DISCUSSION.

YOUNG: DID SHE TELL YOU YOU COULDN'T DISCUSS ANYTHING OR DID YOU JUST COME IN AND REVIEW THE MATERIAL AND THERE WAS JUST NO DISCUSSION NECESSARY?

PETERSON: NO. AND AGAIN, THIS IS MY FIRST ONE. THIS, I'M SORRY, WAS MY ONE AND ONLY UHM INTERNAL AFFAIRS INVESTIGATION, SO I, I DIDN'T REALLY KNOW THE PROCESS TO BE COMPLETELY HONEST WITH YOU, COMING IN, UHM THAT WAS THE ONLY THING. UHM, SHE DIDN'T GIVE ME ANY DETAILS OR ANYTHING ABOUT IT. SHE JUST SAID, YOU KNOW YOU'LL GET TO READ THE COMPLAINT. UHM, YOU KNOW DEPENDING ON THE QUESTIONS. I DON'T REALLY KNOW EXACTLY HOW SHE WORDED IT, BUT JUST BASICALLY LIKE THERE'S SOME THINGS THAT YOU, YOU'RE NOT GONNA HA VE TO, YOU KNOW IF YOU DON'T WANT TO ANSWER, YOU'RE NOT REQUIRED TO ANSWER. AND I WAS LIKE, WELL I DON'T HAVE A PROBLEM WITH ANSWERING ANYTHING, I JUST WANT TO GET IT ALL OVER WITH, YOU KNOW? I'M NOT TRYING TO DRAG ANYTHING OUT. I JUST WANT TO ADDRESS IT AND GET IT DONE AND OVER WITH. BUT UHM

PITTMAN: SO ATNO TIME DID YOU EXPRESS TO LIEUTENANT BARBER THAT YOU THOUGHT THAT YOUR 112 RIGHTS WERE BEING UH VIOLATED AND YOU SHOULD CALL A 112 RIGHTS VIOLATION. YOU NEVER, YOU NEVER EXPRESSED THAT TO HER?

PETERSON: NO. THE ONLY, UH NOW, NOW AFTER UHM THE, IT WAS, I LEARNED THAT I GUESS YOU JUST, IT'S OKAY OR, WE DIDN'T EVEN GET TO TALK. WELL, WE, WE WEREN'T TOLD, I CAN'T REMEMBER SPECIFICALLY, I DON'T REMEMBER SPECIFICALLY BEING TOLD WE COULDN'T TALK, BUT THAT YOU KNOW WHEN YOU'RE REVIEWING YOUR MATERIAL OR 127 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

WHATEVER

PITTMAN: MMM.. HMM.

PETERSON: YOU KNOW, WHICH I ALREADY, IF ANYBODY KNOWS ME THERE, I THINK THE P.B.A. IS USELESS ANYWAY, BUT THAT'S ALL A DIFFERENT ARGUMENT BECAUSE, BUT I USE IT AS A TAX WRITE-OFF SO THERE YOU GO. BUT ANYWAY, BECAUSE THEY JUST SIT THERE AND THAT'S JUST ANOTHER PERSON THAT GETS TO READ EVERYTHING.

PITTMAN: SO, AFTER THE REVIEW, DURING THE REVIEW OR ANY TIME DID YOU EXPRESS THOSE FEELINGS TO, TO HER THAT YOU THOUGHT YOU SHOULD'VE CALLED A 112 VIOLATION OR DID SHE SAY THAT, SAY ANYTHING LIKE THAT TO YOU?

PETERSON: NO. NO. I MEAN NO, NOBODY DID.

PITTMAN: OKAY. SO THERE'S NEVER ANY DISCUSSION

PETERSON: NO. NNN .. NHN.

PITTMAN: EITHER BEFORE, DURING OR AFTER THE INTERVIEW ABOUT A 112 VIOLATION AND YOU HAVING, OR WORRIED ABOUT SOME KIND OF RETALIATION OR ANYTHING?

PETERSON: NO.

YOUNG: DO YOU FEEL LIKE YOU WERE BEING FOLLOWED AND HOVERED OVER TO WHERE YOU COULDN'T WALK OUT AND GO TO A BATHROOM FREELY AND TAKE A RESTROOM BREAK?

PETERSON: DID WE GO TO THE BATH, I DON'T KNOW IF I WENT TO THE BATHROOM. BUT NO, I MEAN, I DON'T, I DON'T FEEL LIKE THEY WERE HOVERING, NO.

YOUNG: DID LIEUTENANT SMALL EVER TELL YOU YOU COULDN'T GO TO A SPECIFIC BATHROOM, OR YOU COULDN'T WALK IN A CERTAIN DIRECTION OR STAND OVER YOU IN AN AUTHORITATIVE WAY?

128 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: DO YOU FEEL LIKE YOUR INTERNAL AFFAIRS INVESTIGATION WAS AGAINST YOU BECAUSE OF YOUR GENDER?

PETERSON: I BELIEVE MY COMPLAINANT USED MY GENDER, THAT'S FAIR, NOT, NOT THE INTERNAL AFFAIRS PROCESS, BUT MY COMPLAINANT. DOES THAT MAKE SENSE? LIKE

YOUNG: DO YOU FEEL LIKE THE ADMINISTRATION HAD ANY ILL WILL OR A TARGET AGAINST YOU BECAUSE YOU ARE A FEMALE?

PETERSON: NO. I, I AGAIN, IT, THE, I'D HAVE TO SAY THAT UHM, I COULDN'T SAY THAT FOR MY COMPLAINANT, BUT, BUT NOT, NOT THE AGENCY ITSELF. I THINK THEY WERE JUST DOING DUE, YOU KNOW, THE DUE DILIGENCE. I MEAN, THEY KIND OF HAD TO LOOK AT IT.

PITTMAN: HOW ABOUT UH CHIEF HAINES IN PARTICULAR, DO YOU FEEL THAT HE WAS GENDER BIASING YOU ON THIS COMPLAINT OR HAD, DID YOU HA VE ANY INTERACTION WITH HIM ABOUT THIS COMPLAINT?

PETERSON: NO SIR.

PITTMAN: OKAY.

PETERSON: NO SIR, NOT AT ALL. IT WAS, (INAUDIBLE) UHM THE ONLY TWO PEOPLE THAT I SPOKE TO I GUESS IN MY INTERVIEW WERE LIEUTENANT SMALL AND COMMANDER YUHASZ.

YOUNG: SO YOU'RE NOT A WARE OF CHIEF HAINES BEING INVOLVED IN OR DIRECTING OR BEING THE PUPPET MASTER BEHIND YOUR INVESTIGATION?

PETERSON: NO.

YOUNG: AND DO YOU FEEL LIKE YOUR INTERNAL AFFAIRS INVESTIGATION WAS CONSISTENT WITH ANY THAT HAVE OCCURRED WITH OTHER OFFICERS IN THE SHERIFF'S OFFICE, MEANING A COMPLAINT MADE, AND INTERNAL AFFAIRS WAS INVESTIGATED?

PETERSON: I'M GOING TO ASSUME, BECAUSE I'M GOING TO BE HONEST WITH YOU, 129 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

I, I, I TRY TO, I DON'T REALLY INQUIRE, I DON'T WANT TO KNOW, PERIOD, TO BE HONEST WITH YOU (INAUDIBLE)

YOUNG: RIGHT. SO BASED UPON YOU KNOW, YOU DON'T, WHAT YOU KNEW, YOU DON'T FEEL LIKE YOU WERE TARGETED, ANY, OR TREATED ANY DIFFERENTLY?

PETERSON: NO. ONLY BY MY COMPLAINANT. THAT'S, THAT'S WHERE SPECIFICALLY I FELT LIKE YOU KNOW, I WAS TARGETED AND YOU KNOW JUST STRICTLY BY SERGEANT LEE.

I spoke with PBA President, Sergeant Tyree regarding the review process:

YOUNG: CAN YOU EXPLAIN TO ME WHETHER THERE IS ANY GENDER BIAS OR DISCRIMINATORY DIRECTION THAT WAS THE REASON WHY SOME WERE ALLOWED TO TALK, SOME WEREN'T

TYREE: NO. NO. BUT THERE LOOKS LIKE NO CONSISTENCY

YOUNG: CORRECT. I THINK

TYREE: YEAH

YOUNG: EVERYBODY WOULD AGREE

TYREE: YEAH

YOUNG: THAT THERE DOESN'T SEEM TO BE A LEVEL OF CONSISTENCY

TYREE: RIGHT.

YOUNG: BUT FROM MY UNDERSTANDING IS CHIEF HAINES WAS THE ONE THAT SPOKE WITH YOU AND GA VE YOU THE DIRECTIVE THAT THERE WOULD BE NO DISCUSSION DURING THE REVIEW PROCESS ANY FURTHER

TYREE: YEAH, HE DID

YOUNG: AND WASN'T THAT BECAUSE THERE WERE PROBLEMS AND ISSUES THAT HAD COME UP REGARDING THE REVIEW PROCESS?

TYREE: YES. UHM I THINK IT WAS UHM I CAN'T THINK OF HIS NAME. MCCLURG AND LIEUTENANT BARBER HAD AN IA WHERE THEY UHM, 130 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

THERE WAS WRITING DONE DURING THE REVIEW ON THE UHM FINDINGS. THEY DID NOT LET IA PEOPLE KNOW, OR MAKE THEM AWARE OF IT. IT GOT TURNED IN AND THAT WAS ONE OF THE REASONS WHY I WAS TOLD THAT THEY NOW NEEDED TO WATCH AND THAT UHM BE IN THERE WHEN YOU REVIEWED IT AND THE IA INTERVIEW, SINCE THEY UHM COULD, THEY WOULD FROM NOW ON WATCH WHILE THAT WAS GOING ON.

YOUNG: SO A MEMBER OF IA WOULD HAVE TO BE IN THERE TO WATCH THE REVIEW

TYREE: MM-HMM

YOUNG: PROCESS BECAUSE LIEUTENANT BARBER OR DONOVAN MCCLURG ONE OR THE OTHER

TYREE: RIGHT

YOUNG: WROTE ON

TYREE: AND I THINK, I THINK SHE SAID IT WAS MCCLURG. SORRY TO TALK OVER YOU.

YOUNG: THAT'S OKAY

TYREE: YEAH

YOUNG: WROTE ON THE OFFICIAL INTERNAL AFFAIRS FILE

TYREE: YEAH. LIKE CIRCLE STUFF, PUT LIE, STUFF LIKE THAT WAS THE EXAMPLE I WAS GIVEN.

YOUNG: OKAY. DID HE MENTION ANYTHING TO YOU ABOUT BEING ABLE TO SPEAK DURING THE REVIEW PROCESS WITH YOUR REP?

TYREE: NO. I DON'T THINK HE SAID ANYTHING ABOUT NOT BEING ABLE TO TALK TO THEM. I KIND OF UNDERSTOOD I COULD STILL TALK TO THEM, BUT IT JUST WOULDN'T BE A PRIVATE UHM AND, AND TYPICALLY WHEN I, I'M DOING A REVIEW AND THEY ARE IN HERE, I JUST TALK LIKE THEY'RE STILL NOT IN HERE. I DIDN'T CHANGE HOW I OPERATED. I JUST STUCK WITH THE SAME

131 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: NOW DID YOU GO TO YOUR PBA REPS THOUGH AND TELL THEM THAT CHIEF HAINES SAID THAT THEY WERE NO LONGER ALLOWED TO SPEAK AND DISCUSS THINGS DURING THE REVIEW?

TYREE: RIGHT

YOUNG: WHY? THAT SOUNDS CONTRADICTORY TO WHAT HE ACTUALLY TOLD YOU. SO WHY WOULD YOU DO THAT?

TYREE: DURING THE REVIEW?

YOUNG: CORRECT

TYREE: I JUST SAID THAT THEY WOULD, AND MAYBE, I'M SORRY, I MAY HAVE NODDED BEFORE I, I FULLY UHM LISTENED TO THE QUESTION. UHM I TOLD THEM THAT THEY WOULD BE PRESENT IN THE ROOM WITH YOU EACH TIME YOU HAD AN IA WHILE YOU WERE REVIEWING IT PRIOR TO THE INTERVIEW. THEY WOULD BE IN THERE THE WHOLE TIME. I DON'T THINK I SAID THEY COULDN'T TALK. UHM 'CAUSE LIKE I SAID, I TALKED THE WHOLE TIME. UHM I LET THEM ALL KNOW THAT THAT WOULD BE HOW IT WAS GOING TO GO DOWN. I SAID, I DIDN'T THINK IT WAS RIGHT. I THOUGHT THAT THEY SHOULD BE ABLE TO HA VE THE ROOM TO THEMSELVES, BUT JUST BE PREPARED THAT YOU WOULD GO IN AND THEY WOULD BE IN THERE WITH YOU. AND UH I TOLD MOST OF THEM THE REASON BEHIND IT WAS BECAUSE OF THE MCCLURG THING. AND I DID CONTACT TALLAHASSEE AND LET THEM KNOW, HEY, THIS IS WHAT'S GOING ON. IF YOU CAN FIND ME SOME EXAMPLES OF WHY THEY SHOULDN'T BE IN THERE, LET ME KNOW. so

YOUNG: OKAY. SO IF I WAS TOLD THAT YOU TOLD ALL OF YOUR REPS

TYREE: MM-HMM

YOUNG: THAT CHIEF HAINES SAID THAT YOU GUYS WERE NOT ALLOWED TO CONVERSE DURING THE REVIEW PROCESS WITH YOUR PERSON YOU WERE REPRESENTING, THAT WOULD BE INCORRECT

TYREE: RIGHT. I SAID YOU WOULD NOT BE ABLE TO CONVERSE WITH THEM ALONE

YOUNG: OKAY

132 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

TYREE: YOU WOULD BE ABLE TO CONVERSE WITH THEM STILL THOUGH

YOUNG: OKAY. SO IN THESE EXAMPLES, THERE'S NINE EXAMPLES THAT ARE LISTED WHERE SOME ARE ALLOWED TO SPEAK, SOME ARE NOT ALLOWED TO SPEAK

TYREE: OH I, I THINK IT'S NOT ALLOWED, WELL, HOW I INTERPRET IT WAS NOT ALLOWED TO SPEAK IN PRIVATE. LIKE, LIKE WE'RE NOT ALLOWED TO TAKE BREAKS AT THE SAME TIME. LIKE WHEN I WOULD HA VE ONE, THEY WOULDN'T LET ME GO AND TALK OFF PRIVATELY

YOUNG: IT VERY SPECIFICALLY SAYS THE AGENCY HAS PREVENTED, PROHIBITED EVERY SUBJECT OFFICER FROM SPEAKING TO THEIR REPRESENTATIVES DURING THE IA INTERVIEW AND REVIEW PROCESS.

TYREE: NO. THAT'S NOT CORRECT. OR AT LEAST THAT WAS NOT MY UNDERSTANDING AND HOPEFULLY I DIDN'T MIS GIVE THAT OUT. MY UNDERSTANDING WAS JUST WE WOULDN'T BE ABLE TO SPEAK IN PRIVATE

YOUNG: LIEUTENANT BARBER STATED YOU GAVE THEM THE DIRECTIVE THAT CHIEF HAINES SAID THEY COULD NOT SPEAK.

TYREE: THAT WASN'T MY UNDERSTANDING OF IT, AND HOPEFULLY I DIDN'T MISSPEAK WHEN I, OR MISSPOKE WHEN I TALKED TO HER ABOUT IT. UHM NO. I, I, I JUST KNEW THAT THEY COULDN'T TALK IN PRIVATE. I MEAN, THAT WAS MY UNDERSTANDING. BUT YOU COULD STILL TALK.

YOUNG: SO IN HERE YOU'RE LISTED

TYREE: YES

YOUNG: TWICE AS REPRESENTING LIEUTENANT BOBBY NELSON

TYREE: YEAH

YOUNG: AND NOT BEING ALLOWED TO SPEAK. AND ALSO WITH MELODY HAMPTON, NOT BEING ALLOWED TO SPEAK.,

TYREE: RIGHT. NOW, I DON'T TYPICALLY TALK DURING THE IA INTERVIEW, BUT WHEN WE WERE IN THERE REVIEWING, I DID SPEAK TO THEM. I JUST DIDN'T UH THERE WAS SOMEBODY PRESENT IN THE ROOM THE

133 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

WHOLE TIME. I DIDN'T SPEAK TO THEM PRIVATELY. THAT, MY UNDERSTANDING WAS I COULD SPEAK TO THEM, I JUST

YOUNG: RIGHT

TYREE: COULDN'T SPEAK TO THEM PRIVATELY.

YOUNG: SO YOU WERE NOT TOLD BY ANY OF THE INTERNAL AFFAIRS INVESTIGATORS THAT YOU'RE NOT ALLOWED TO TALK AND YOU WERE NOT PROHIBITED

TYREE: NO

YOUNG: FROM SPEAKING.

TYREE: NO. I THINK HALL PROBABLY WAS LAUGHING AT THE, 'CAUSE I'D INCLUDED HIM IN THE, IN THE TALK (INAUDIBLE)

YOUNG: SO THOSE STATEMENTS WOULD NOT BE ACCURATE?

TYREE: NO. NOT UNLESS SHE JUST MISUNDERSTOOD.

YOUNG: OKAY. AND THERE'S

TYREE: I DIDN'T SEND AN EMAIL OUT, I JUST TOLD THEM INDIVIDUALLY. SO I, HOPEFULLY I DIDN'T MISSPEAK

YOUNG: HAVE YOU EVER FELT LIKE YOU WERE BEING HOVERED OVER OR PRESSURED OR MADE TO FEEL UNCOMFORTABLE, NOT ALLOWED TO LEAVE AND TAKE A BREAK, NOT ALLOWED TO GO TO THE BATHROOM, BASED UPON WHO YOU WERE REPRESENTING?

TYREE: NO. THAT WOULD BE A ONE TWELVE, BECAUSE YOU'VE GOT TO BE ABLE TO GO TO THE BATHROOM, YOU HAVE TO BE COMFORTABLE, THAT SORT OF STUFF. UHM SO NO

YOUNG: SO AS THE PBA PRESIDENT, IF YOU LOOK AT THESE REFERENCES

TYREE: RIGHT

YOUNG: HAD ANY OF THESE OCCURRENCES OCCURRED, WOULD YOU HAVE BEEN NOTIFIED BECAUSE IT WOULD HAVE BEEN A ONE TWELVE VIOLATION

134 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

TYREE: SEE, WHERE IT SAYS NOT ALLOWED TO SPEAK TO HER, OR, OR ALLOWED TO SPEAK TO HER. I'M NOT SA YING, I'M NOT SA YING I WASN'T ALLOWED TO SPEAK, I'M SA YING YOU WEREN'T ALLOWED TO SPEAK IN, IN PRIVATE SEE OR YOU'RE NOT ALLOWED TO SPEAK ALONE WITH THEM UH DURING THE, DURING THE REVIEW, PRIOR TO THE QUESTIONS. UHM SO

YOUNG: AND THAT COULD BE THE INTERPRETATION

TYREE: YEAH

YOUNG: HOWEVER, THAT'S NOT WHAT IS TYPED

TYREE: RIGHT

YOUNG: IN BLACK AND WHITE.

TYREE: RIGHT. HMM

YOUNG: AND IF YOU LOOK AT ZACK WARD, WHEN HE REPRESENTED AMBER PERKINS, IT SAYS HE WAS NOT ALLOWED TO SPEAK TO HER NOR LEAVE THE INNER ROOM, INTERVIEW ROOM AT THE SAME TIME DURING BREAKS.

TYREE: NOW THAT'S, THAT IS WHATTHEYWOULDN'TLETYOUDO. THEY WOULDN'T LET YOU TAKE A BREAK AT THE SAME TIME WITH THE PERSON YOU'RE REPPING BECAUSE YOU COULD TALK A WAY FROM THEM IN IT. SO THAT PART IS TRUE. UHM BUT IN THE ROOM, YOU COULD CERTAINLY TALK. I, I MEAN I HAD NO PROBLEM TALKING TO PEOPLE. I TALKED TO THEM IN ALL OF THEM. BUT NOW THE ONES WHERE IT SAYS I WAS ALLOWED TOTALK, IT'S, I'M MEANING, OR I DON'T KNOW WHAT SHE'S TYPING ON HERE, BUT JIMMIE WIGGINS, I WAS ALLOWED TO SPEAK IN PRIVATE WITH HIM. UHM I HAD A MORE RECENT ONE, UHM I JUST HAD UHM I DID AN IA THE OTHER DAY WITH GOODNESS GRACIOUS, UHM, I JUST HAD ONE LIKE A WEEK OR TWO AGO, AND I WAS GIVEN THE ROOM AND I WAS ALLOWED TO SPEAK TO THEM PRIVATELY IN THE ROOM. TO ME, IT DOESN'T CHANGE HOW I DO THINGS. I MEAN, I WOULD'VE SAID IT WHETHER THEY WERE IN HERE OR NOT SO IT DIDN'T EFFECT HOW I, I RAN STUFF. BUT YEAH, THAT'S AND, AND, AND WHEN SHE ASKED ME ABOUT PEOPLE, HAVE I BEEN ABLE TO TALK OR NOT TALK, THAT'S HOW I UNDERSTOOD HER QUESTION TO BE, AND I ANSWERED IT THAT WAY TOO. 135 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

YOUNG: OKAY

TYREE: so

YOUNG: SO THROUGH ALL THIS

TYREE: RIGHT

YOUNG: YOU WERE NEVER TOLD BY CHIEF HAINES, Y'ALL COULDN'T TALK

TYREE: RIGHT

YOUNG: DO YOU FEEL THAT THERE IS ANY GENDER BIAS OR DISCRIMINATORY ANGLE THAT CHIEF HAINES WAS TRYING TO TAKE WITH THIS?

TYREE: NO. I THINK IT WAS JUST UHM BECAUSE I HA VE A MALE AND A FEMALE FOR THE FIRST TWO EXAMPLES. I DON'T THINK IT WAS UH A SEX THING. I THINK IT WAS HE DIDN'T WANT US IN HERE ALONE WITH THE MATERIALS.

YOUNG: AND THAT'S BECAUSE LIEUTENANT BARBER AND HER

TYREE: MCCLURG

YOUNG: PERSON

TYREE: YEAH

YOUNG: SOMEONE WROTE ALL OVER THE DOCUMENTS

TYREE: RIGHT. EXACTLY

I also spoke with Sergeant Newton regarding the review process and he stated the following:

NEWTON: TO MY KNOWLEDGE, WAS AT FIRST, THE FIRST COUPLE I'VE DONE WAS CAME IN HERE, THE I.A. OR THE I.A. WAS COMPLETED, (INAUDIBLE) COMING IN HERE WITH IT. THE SUSPECT INDIVIDUAL THAT'S BEING INTERVIEWED, WE USED TO COME IN HERE, THEY GAVE US THE PAPERWORK TO REVIEW, AND THEY WALKED OUT OF THE ROOM. DURING ONE OF THOSE PROCESSES, I BELIEVE I WAS TOLD PHILIP NIX STOLE A PIECE OF PAPERWORK OUT OF THE FILE AND TAMA BARBER AND WHOEVER SHE WAS WITH, WROTE SOMETHING IN A, IN A FILE THAT WAS INAPPROPRIATE, SO THEY CHANGED THE POLICY THAT NOW WHEN WE REVIEW THE STATEMENTS AND ALL THE EVIDENCE AGAINST 136 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

THE INDIVIDUAL, AN INVESTIGATOR HAS TO SIT IN THE ROOM WITH YOU. I'VE ALWAYS BEEN ABLE TO TALK TO THE PERSON THAT I'M SITTING THERE TALKING TO OR GO OUT AND TAKE A BREAK AND TALK TO THEM. UHM, NEVER HAD ANYBODY TELL ME THAT I WASN'T ALLOWED TO TALK TO MY INDIVIDUAL I WAS REPPING. SO

YOUNG: OKAY. DID LEE TYREE TELL ALL OF YOU THAT ARE P.B.A. REPS THAT PER CHIEF HAINES, THAT YOU WERE NOT ALLOWED TO CONVERSE WITH THE SUBJECT OFFICER WHILE YOU WERE REVIEWING?

NEWTON: I'VE NEVER BEEN TOLD THAT BY ANYBODY.

YOUNG: OKAY. SO IN NOWAY WAS IT TOLD TO YOU FROM ANYONE IN THE P.B.A. THAT YOU COULDN'T SPEAK DURING THE REVIEW PROCESS?

NEWTON: NO.

YOUNG: DID CHIEF HAINES EVER TELL YOU THAT YOU COULD NOT SPEAK DURING THE REVIEW PROCESS?

NEWTON: NO.

YOUNG: HAVE YOU EVER BEEN REFUSED OR NOT ALLOWED TO LEA VE AND GO TO THE BATHROOM WITH THE SUBJECT OFFICER?

NEWTON: I'VE NEVER HAD TO GO TO THE BATHROOM WITH THE SUBJECT OFFICER, SO NO.

YOUNG: IF ANY OF THESE THINGS HAD OCCURRED, WOULD THAT QUALIFY FOR A ONE TWELVE VIOLATION?

NEWTON: I

YOUNG: NOT BEING ABLE TO GO TO THE BATHROOM, HAVE BREAKS

NEWTON: THAT WOULD BE A ONE TWELVE VIOLATION, NOT TO HAVE BREAKS AND NOT TO BE ABLE TO GO TO THE RESTROOM IN MY OPINION.

YOUNG: AND SO IF THERE HAD BEEN ANY OF THOSE ISSUES, ONE OF YOU THAT WAS REPRESENTING WOULD OBVIOUSLY

NEWTON: I WOULD'VE BROUGHT IT TO THE ATTENTION OF ONE TWELVE. AND IF,

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AGAIN, IF I HAD BEEN TOLD IN HERE THAT (INAUDIBLE) TO TALK TO THEM, I'D HAVE BROUGHT IT UP TO, I'D HAVE STOPPED THE INTERVIEW AND CALLED LEE AND TOLD HIM WHAT WAS GOING ON AND SEE WHAT WE WERE (INAUDIBLE) WHAT IT WAS. WHAT WE NEEDED TO DO.

YOUNG: OKAY. DO YOU FEEL LIKE ANY OF THE CHANGES THAT HAVE HAPPENED IN THE REVIEW PROCESS WERE A DIRECT, I GUESS MAYBE A DIRECT ORDER FROM CHIEF HAINES TOWARDS FEMALES?

NEWTON: THE CHANGES IN THE REVIEW POLICY?

YOUNG: CORRECT.

NEWTON: NOT TO MY KNOWLEDGE, NO.

YOUNG: WOULD

NEWTON: IT WOULD BE, IT WOULD BE A BLANKET. I MEAN IT WOULD BE OVER EVERYTHING. IT DIDN'T PICK UP ONE PERSON, HE DIDN'T SAY FEMALES WEREN'T ALLOWED TO TALK, HE SAID WE WEREN'T ALLOWED TO TALK. YOU DON'T KNOW WHO'S REPRESENTING ANYBODY, SO NO, IT WOULDN'T HAVE BEEN STRICTLY FOR FEMALES.

YOUNG: OKAY. AND JUST TO CLARIFY, THE ONLY THING THAT YOU GUYS WERE TOLD TO CHANGE WAS THAT YOU HAD TO BE MONITORED WHILE THE PAPERWORK WAS BEING REVIEWED BECAUSE, SPECIFICALLY TAMA BARBER WROTE ON SEVERAL DOCUMENTS AND PHILIP NIX TOOK STUFF OUT OF THE DOCUMENT.

NEWTON: THAT'S WHAT I WAS TOLD.

YOUNG: OKAY. AND WHO TOLD YOU THAT?

NEWTON: LEE, I, LEE.

I spoke with Barber about her letter alleging resentment, hostility and disrespect that she has endured from Chief Haines due to her involvement in the PBA and in PBA Negotiations. Barber stated she felt this during negotiations:

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YOUNG: DURING THESE NEGOTIATIONS YOU SAID YOU WERE THE ONE TELLING HIM NO AND STANDING UP TO HIM. WAS HE COMING BACK IN A HOSTILE, AGGRESSIVE MANNER DIRECTLY TOWARDS YOU?

BARBER: HE'S NOT AGGRESSIVE. HE'S NEVER BEEN AGGRESSIVE. I DON'T THINK. EVER UHM AS IN PHYSICALLY AGGRESS, AGGRESSIVE. THAT'S JUST NOT HIS PERSONALITY. UHM BUT

YOUNG: VERBALLY AGGRESSIVE

BARBER: VERBALLY HE'S WELL, I JUST CAN'T EVEN GIVE MY OPINION ON THAT ONE. YOU CAN, IT'S ALL ON TAPE. FOR THE MOST PART. BUT, HE

YOUNG: WERE HIS AGGRESSIONS DIRECTED TOWARDS YOU OR WERE THEY DIRECTED TOWARDS THE TOPIC OF DISCUSSION?

BARBER: I DON'T THINK HE WOULD BE STUPID ENOUGH TO DIRECT THEM SPECIFICALLY AT ME DURING NEGOTIATIONS FULL OF A ROOM FULL OF PEOPLE THAT'S BEING RECORDED. SO, NO. UHM

On August 5, 2019, Sergeant Lee Tyree was sent a letter from PBA Executive Director Matt Puckett in regards to "recent events at the Escambia County Sheriffs Office". He stated:

"I am implementing a change to the chapter's disciplinary representation arrangement. The change is the direct result of improper conduct by upper management within the Escambia County Sheriffs Office, specifically investigators within the internal affairs and Chief Deputy Eric Haines. WE have received multiple complaints of intimidation and blatant violations of the law enforcement officer's bill or rights by the previously mentioned parties that cause me concern. Equally concerning is that you, as an employee and subordinate of Chief Haines, can be professionally retaliated against for properly representing your membership. The risk of workplace retaliation is too severe to allow the current practice of employee representatives to continue". This new procedure is not a reflection of the hard work you and your team provide the members of the Escambia County Sheriffs Office. It is a direct reflection of the hostile environment being fostered by Chief Deputy Eric Haines. We cannot allow our membership and the representatives of the association to be intimidated by these bullying tactics. Until further notice, all disciplinary cases no matter how minor, will be handled by an attorney assigned by the General Counsel of the Florida PBA."

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I had previously spoken with Sergeant Tyree about treatment he has experienced as the PBA President:

YOUNG: OKAY. ALRIGHT. HAVE YOU EVER BEEN TARGETED BY CHIEF HAINES BECAUSE YOU'RE THE PBA PRESIDENT? TYREE: BECAUSE I'M THE PBA PRESIDENT?

YOUNG: CORRECT

TYREE: I THINK THERE WAS A LETTER THAT WENT OUT TO EVERYBODY LAST YEAR THAT KIND OF LOOKS (INAUDIBLE) AT ME BUT I DON'T KNOW IF THAT WOULD BE TARGETED, BUT IT CERTAINLY WAS DIRECTED AT ME.

YOUNG: THAT LETTER WAS IN CONTEXT OF THE NEGOTIATIONS

TYREE: SURE

YOUNG: AND THE MATERIAL TO BE AGREED UPON.

TYREE: RIGHT

YOUNG: CORRECT? LET ME CLARIFY. HA VE YOU IN YOUR SERGEANT CAPACITY

TYREE: NO

YOUNG: EVER BEEN PICKED AT, TARGETED, OR MISTREATED BECAUSE OF YOUR AFFILIATION AS THE PBA PRESIDENT?

TYREE: NO

YOUNG: ARE YOU AWARE OF WHETHER CHIEF HAINES HAS TARGETED LIEUTENANT BARBER BECAUSE OF HER AFFILIATION WITH THE PBA?

TYREE: NO

YOUNG: IN YOUR PBA NEGOTIATIONS, HA VE YOU EVER WITNESSED CHIEF HAINES LASHING OUT, BEING AGGRESSIVE TOWARDS LIEUTENANT BARBER?

TYREE: NO. NOW WE'VE HAD SOME HEATED DISCUSSIONS, ME AND HIM. AND CERTAINLY THERE WERE SOME HEATED DISCUSSIONS WITH HER.

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IT WAS MOSTLY TO DO UHM WHEN WE WERE GOING BACK AND FORTH ON THE DISCIPLINE MATRIX.

YOUNG: BUT THOSE HEATED WERE, THOSE HEATED DISCUSSIONS WERE WITHIN A NORMAL RANGE REGARDING THE CONTEXT OF MATERIAL YOU WERE TALKING ABOUT

TYREE: SURE

YOUNG: AND NOTHING TARGETING YOU OR HER

TYREE: NO. I DON'T THINK IT WAS ANYTHING PERSONAL. IT WAS, IT WAS TO DO WITH THE SUBJECT. YOU KNOW. WE WERE, WE WERE ARGUING BACK AND FORTH ON POINTS OF THE CONTRACT WE WERE IN DISAGREEMENT ON.

YOUNG: AND HAVE YOU EVER HAD FEAR FROM CHIEF HAINES AFTER A NEGOTIATIONS MEETING, WHETHER IT WAS HEATED OR NOT, THAT WHEN YOU WENT BACK TO WORK IN YOUR SERGEANT ROLE CAPACITY THAT HE WAS GONNA START TARGETING YOU TO DEMOTE YOU OR FIRE YOU?

TYREE: NO.

YOUNG: AND YOU'VE HAD OPEN DISAGREEMENTS AND HEATED EXCHANGES WITH HIM

TYREE: MULTIPLE TIMES.

YOUNG: WHY DO YOU HAVE SUCH A COMFORT LEVEL THAT YOU DON'T HAVE TO WORRY ABOUT THAT?

TYREE: I DON'T KNOW. I, I, I FEEL LIKE IF I'M DOING WHAT I'M SUPPOSED TO BE DOING, I SHOULDN'T HAVE TO WORRY ABOUT IT. UHM SO I JUST ALWAYS FELT THAT WAY. I FELT LIKE IF, AS LONG AS I'M DOING THE THINGS THEWA Y I'M SUPPOSED TO, I SHOULDN'T HAVE ANYTHING TO WORRY ABOUT. IF I DO THINGS WRONG, WELL, I DO THINGS WRONG. I MEAN, IF MY EMPLOYEES DO BAD AND THEY GET PUNISHED, THEN I GET PUNISHED I MEAN TOO. YOU KNOW

YOUNG: SO IF YOU DO YOUR JOB CORRECTLY AND PROPERLY, YOU'RE GOOD

TYREE: YEP

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YOUNG: AND IF YOU MAKE A MISTAKE, OR THERE WAS AN ERROR, YOU UNDERSTAND THAT THERE IS A PROCESS, AND DISCIPLINE

TYREE: RIGHT

YOUNG: AND CORRECTIVE ACTION FOLLOWS

TYREE: YEAH

YOUNG: AND IT'S NOT A TARGET TOWARDS YOU.

TYREE: RIGHT

I reached out via email to Mr. Puckett to arrange an interview regarding his knowledge and facts that lead to the new procedures implemented by the PBA. After several back and forth corresponding emails, he declined an interview and stated "I believe any additional information you will obtain by interviewing me is adequately outlined in the attached ULP. Please pay close attention to lines 111-153", and attached a copy of the Public Employees Relations Commission Charge against Employer. I spoke with Barber in reference the numerous court documents provided from the Laura Montoya case and specific references she documented in her complaint to Sheriff Morgan. Barber stated numerous times she was not filing a complaint against Chief Deputy Haines, she stated:

BARBER: OKAY, BUT IT WASN'T, TECHNICALLY A COMPLAINT AGAINST CHIEF HAINES, IT WAS UNDER AN ORDER FROM THE SHERIFF TO PROVIDE THAT INFORMATION TO HIM. I FILED A RESPONSE TO THE SHERIFF BECAUSE HE ORDERED ME TO.

When I asked her to explain how the documents related to her and how they provided evidence to her complaint about the history of the gender discrimination within the Escambia County Sheriffs Office, she stated:

BARBER: NO. LIKE I TOLD YOU BEFORE I DID NOT PROVIDE THOSE. MY ATTORNEY GA VE THEM TO PROVIDE, GA VE THEM TO ME TO PROVIDE TO YOU, TO THE AGENCY. THE ATTORNEY GAVE THEM TO ME TO PROVIDE TO YOU. I HAD NOT READ THEM BEFORE. THE JUDGE MADE THE RULING THAT THERE WAS GENDER-BIAS AT THIS AGENCY, CONCERNING CHIEF HAINES AND OTHER PEOPLE, BASED ON THIS CASE.

YOUNG: SO WHY WOULD YOU INCLUDE IN A COMPLAINT INFORMATION THAT YOU DON'T KNOW ABOUT?

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BARBER: THE JUDGE RULED THERE WAS GENDER-BIAS INVOLVED. IS THAT NOT VALID?

YOUNG: BUT THE COMPLAINT YOU MADE REGARDED YOU.

BARBER: RIGHT. AND OTHERS, NOT JUST ME.

YOUNG: YOU FILED THE COMPLAINT

BARBER: NO, I DID NOT FILE A COMPLAINT.

YOUNG: IT IS A COMPLAINT.

BARBER: WELL I FILED A LETTER TO THE SHERIFF BECAUSE HE ORDERED ME TO.

THAT IS WHY IT'S PROVIDED TO YOU.

YOUNG: SO YOU'RE SA YING THE JUDGE'S RULING IN THE LAURA MONTOYA'S CASE IS PROOF OR SUPPORT OF THE ALLEGATIONS AGAINST YOU.

BARBER: OF COURSE, NOT, ALLEGATIONS AGAINST ME

YOUNG: THE ALLEGATIONS THAT YOU ARE ALLEGING AGAINST HIM.

BARBER: THE CHIEF HAS GENDER-BIAS, YES, HE DOES.

YOUNG: OKAY. I GUESS I'M JUST NOT UNDERSTANDING HOW THE JUDGE'S RULING IN LAURA MONTOYA'S CASE IS ASSOCIATED WITH HOW YOU HAVE BEEN AFFECTED OR TREATED BY THE CHIEF.

BARBER: YOU DON'T THINK THAT DECISIONS THE CHIEF HAS MADE ON OTHER WOMEN AND HIS RELIGIOUS BELIEFS AND THAT HE HAS SHOWN GENDER-BIAS BEFORE, AFFECTS HIS DECISJONS WHEN IT COMES TO OTHER PEOPLE, LIKE WHEN HE REFUSED TO, OR DID NOT WANT TO DEMOTE ME AND DID NOT DEMOTE ME WHEN I WAS QUALIFIED AND ON THE LIST BEFORE, WITHOUT NO REASON AND THERE WAS AN OPENING. YOU DON'T THINK THAT SHOWS THAT, THAT CAN BE GENDER-BIAS?

YOUNG: I'M REFERRING TO THE DOCUMENTS. HOW DO THOSE SUPPORT

BARBER: THAT'S WHAT I'M SA YING. THIS, THIS SHOWS THAT HE, THE JUDGE HAS

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EVEN RULED THAT HE SHOWS GENDER-BIAS.

YOUNG: OKAY. IS THERE ANYTHING LISTED IN HERE REFERENCING YOU OR?

BARBER: NO. I AM A FEMALE THOUGH, SO IT'S REFERENCING PEOPLE LIKE ME AND YOU WHO ARE WOMEN.

YOUNG: OKAY. IS THERE ANYWHERE LISTED IN THERE YOUR NAME THAT CAME UP REGARDING YOUR PROMOTION PROCESS AND THE FACT THAT YOU WERE NOT PROMOTED?

BARBER: I DON'T KNOW BECAUSE I DON'T HA VE EVERY DEPOSITION FOR THIS COURT CASE. I ONLY HAVE WHAT THE ATTORNEY PROVIDED TO YOU.

YOUNG: OKAY. AND CAN YOU IDENTIFY IN THERE WHERE THE JUDGE EXPRESSES WOMEN AS A WHOLE ARE VICTIMS OF HIS DISCRIMINATION

BARBER: I SEE THE WORD WOMEN WRITTEN IN HERE.

YOUNG: SO WHILE IT REFERS TO WOMEN, THERE'S ONLY ONE FEMALE PLAINTIFF, THERE'S NOT MULTIPLES.

BARBER: NO. I THINK THERE'S OTHER CASES. AND THERE WERE PEOPLE THAT WERE INTERVIEWED IN THIS TOO, OTHER FEMALES, BUT UH I CAN'T FIND THE NAME.

YOUNG: AND YOU'VE TABBED A LOT OF CONVERSATIONS THAT HAVE PHRASES, BUT I NEED YOU TO EXPLAIN HOW THEY PERTAIN TO YOU.

BARBER: I NEVER SAID THIS, ALL OF THIS PERTAINED TO ME. NOT ONCE DID I SAY THAT THAT I CAN EVER RECALL SAYING THAT THIS WHOLE THING PERTAINED TO ME. I SAID THERE WAS AN ISSUE AT THE SHERIFF'S OFFICE. THERE IS A BIG ISSUE. SO ANYONE COULD READ THIS AND SEE THAT. YOU CAN PULL STATS AND SEE THAT THERE'S ISSUES HERE.

Barber stated she believes the reason she wasn't promoted was because she is a female and Chief Haines has a gender bias towards women. She stated she relates majority of these documents as proof of the history of discrimination towards women, which contributed to her non promotion. She stated "it's not, I told you it wasn't all about the chief It's all about the atmosphere and the things that have been going on for years, Shelby was part ofthat. I never, I told you it wasn't, I told you before it wasn't specifically just about the chief It's about the agency; the chiefand the

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agency. There 's many more things here than just the chief"

BARBER: ALL OF THE GENDER-BIAS RELATES TO MY NOT BEING PROMOTED AND THE LACK OF THE POSITION OF WOMEN IN AUTHORITY AROUND THIS AGENCY.

YOUNG: BUT ANY OTHER TREATMENT, OTHER THAN THE NOT GETTING PROMOTED THAT THOSE CONTRIBUTED TO, THOSE STATEMENTS CONTRIBUTED TO.

BARBER: I DON'T REMEMBER EVERYTHING THAT'S IN THAT THING, BUT I DID TALK ABOUT HE MADE THAT COMMENT TO ME DURING NEGOTIATIONS AS WELL. SO HE MAKES INAPPROPRIATE COMMENTS TO WOMEN AS WELL. AND THAT SHOWS THAT RIGHT THERE. UH, PAGE TEN, MONTOYA FELT THAT REPORTING THE INCIDENTS WOULD CAUSE HER CAREER TO SUFFER. I THINK WE CAN RELATE TO THAT. UHM

I asked Barber if she had provided all the names of any other females previously or currently employed at the Escambia County Sheriffs Office that have experienced gender bias and discrimination. Barber replied:

YOUNG: OKAY. LET ME FINISH THE QUESTION. DO YOU HAVE NAMES OF OTHER INDIVIDUALS THAT WORK AT THE SHERIFF'S OFFICE THAT HAVE BEEN THE VICTIM OF ANY TYPE OF DISCRIMINATION?

BARBER: I DON'T KNOW. I HAVE TO LOOK AT MY NOTES.

YOUNG: OKAY.

BARBER: I WAS NEVER GIVEN THE OPPORTUNITY BEFORE.

YOUNG: AND YOU UNDERSTAND, THAT IF YOU HAVE THAT INFORMATION WHERE PEOPLE HAVE BEEN THE VICTIM OF DISCRIMINATION, THAT YOU HAVE A DUTY TO REPORT THAT, CORRECT?

BARBER: YES.

YOUNG: SO IF YOU HAVE ANY INFORMATION, YOU NEED TO PROVIDE THAT INFORMATION TO ME SO THAT I CAN INCLUDE IT IN MY INVESTIGATION AND TALK TO THOSE INDIVIDUALS.

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BARBER: I WILL CONTACT MY ATTORNEY BEFORE I GIVE YOU ANYMORE INFORMATION.

YOUNG: OKAY. YOU ARE THE COMPLAINANT ALLEGING DISCRIMINATION. SO ARE YOU TELLING ME THAT YOU HA VE NAMES THAT YOU ARE NOT GOING TO PROVIDE?

BARBER: NO. I'M NOT TELLING YOU THAT. I'M TELLING YOU I HAVE TO LOOK AT MY NOTES. I, I DON'T KNOW WHAT I HA VE. I CAN'T TELL YOU THAT. I DON'T, YOU KEPT ASKING ME NAMES OF STUFF LAST TIME, YOU KEPT, FOR WITNESSES AND DIFFERENT THINGS. YOU KEPT ASKING ME DATES, ALL THIS STUFF I COULDN'T GIVE TO YOU BECAUSE YOU SURPRISED ME AND DID, I HAD AN APPOINTMENT SCHEDULED AND I WOULD'VE BROUGHT THAT STUFF. BUT YOU SURPRISED ME AND I COULDN'T.

YOUNG: OKAY. SO IF YOU

BARBER: SO

YOUNG: HAVE NAMES, AND OTHER FACTS THAT SUPPORT

BARBER: OF POSSIBLE WITNESSES.

YOUNG: THE COMPLAINT.

BARBER: I NEVER SAID THAT THEY WERE NECESSARILY VICTIMS. OKAY? YOU KEPT ASKING ME, AND I DON'T REMEMBER ALL THE QUESTIONS YOU ASKED ME. MAYBE IF I KNEW WHAT ALL YOU ASKED ME, I COULD LOOK UP THE NAMES. BUT I CAN'T EVEN REMEMBER WHAT ALL YOU ASKED ME LAST TIME. THERE WAS SO, THAT WAS A LONG, LONG DAY. SO WOULD I COME IN HERE AND FORGET ANOTHER NAME TO PROVIDE TO YOU, MAYBE, BECAUSE I DON'T REMEMBER WHAT ALL YOU ASKED ME. I CAN ONLY TRY TO FIND MY NOTES OF THINGS AND GIVE THEM TO YOU, BUT I CAN'T TELL YOU WHETHER THEY'RE WITNESSES, VICTIMS, OR ANYTHING. SOME OF THEM ARE JUST, THESE THINGS HAPPENED AT THE SHERIFF'S OFFICE, LIKE THE PROMOTIONS AND THINGS, THAT WERE IN MY LETTER. THOSE ARE THINGS IN MY LETTER.

YOUNG: RIGHT. AND I HAVE EVERYTHING IN YOUR LETTER. SO WHAT I'M GOING TO HA VE YOU DO, IS I WOULD LIKE FOR YOU TO REVIEW YOUR NOTES, ANY OTHER WITNESSES OR VICTIMS THAT YOU KNOW THAT 146 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

HAVE SUFFERED DISCRIMINATION

BARBER: (INAUDIBLE)

YOUNG: I NEED YOU TO IDENTIFY THOSE. IF YOU HAVE ANY OTHER SUPPORTING FACTS THAT ARE RELEVANT TO THIS COMPLAINT, I NEED YOU TO GATHER THOSE AND THEN WE WILL SCHEDULE ANOTHER TIME FOR YOU TO COME IN AND PROVIDE THOSE DETAILS, AND THAT WAY YOU'RE PREPARED, YOU KNOW WHAT IT IS, AND YOU'LL HAVE ALL YOUR NOTES TO PROVIDE. OKAY.

Barber provided no additional information or possible victims, witnesses. No other complainants have come forward. Review of all the documents related to the lawsuit brought by Montoya revealed three females, Anita Hemphill, Sherry Nix, and Sandra Webber. No documents were provided that include the name Tama Barber. Sandra Webber was deposed by Montoya's attorneys Elizabeth Peskin and Stephen Webster. At the time of deposition, Webber disclosed she had been employed by the Escambia County Sheriffs Office for 21 years, held the rank of sergeant for five years, and was currently assigned to juvenile court. Listed below are questions and answers as it relates to this case:

Peskin: Okay. As we sit here today, do you have any concerns about anyone at the Sheriffs Office retaliating against you for your testimony today? Webber: No. Peskin: All right. During the time you've been a sergeant, have you had the opportunity to give orders to subordinates? Webber: Yes. Peskin: Okay. Are you familiar with Chief Deputy Eric Haines? Webber: Am I familiar with him? Yeah, I work for him, I guess, if you want to say that, yeah. Peskin: Have you ever heard Haines discuss religion or the Bible at work? Webber: No. Peskin: Okay. Are you aware of whether or not he's a religious person? Webber: My personal knowledge, I have no idea. Peskin: Okay. Have you ever heard him express any of his -have you ever heard him express anything about women being subservient to men? Webber: My personal opinion - I mean, my personal experience, no, I have not. I don't have much - have never had much dealing with him. Peskin: Sure. Does he have a reputation at the office for being - or for having that belief? Webber: Yes, there's a reputation to that.

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Peskin: So that's not the first time you've heard it? Webber: No. Peskin: Okay. Other than Colonel Montoya, have you ever heard other women within the agency complain about the way that Eric Haines treats them? Webber: I can't say that I have. Peskin: Okay. Have you ever had any problems with the way Eric Haines treats you? Webber: Like I said, I very, very - have very seldom even spoken to him much less have dealings with him. Peskin: Are you aware of other women that have made any kind of either complaints through the EEOC or through the court system regarding gender discrimination against the ECSO? Webber: I'm not sure. Peskin: Okay. Do you know of any other women in law enforcement that have made complaints that have been sort of blackballed? Webber: Not that I know of.

Webber was the subordinate of Montoya for a period of time in Court Security. Webber stated she experienced difficulties and unfair treatment by Captain Fred Alford and Sergeant Tom O'Neal as well as an issue while on patrol that dealt with Colonel Rodney Eddins and his brother Doug Eddins. She noted making one complaint to Captain Robby Martin, Commander Dale Tharp, and Dawn Brazwell, but did not state who the other complaints were submitted. During the time of deposition, per the ECSO organization chart dated January 26, 2017, Court Security was assigned to Commander Dale Tharp who reported to the Chief Deputy of Administration, Eric Haines. In the sworn deposition, Webber never reported any complaints, expressed any concern of retaliation, or felt she endured gender indifference due to direct or indirect actions of Chief Haines. No information or facts were contained describing gender bias or discrimination towards or against Barber. Sherry Nix provided a sworn affidavit on March 1, 2018. Nix retired a lieutenant May 31, 2012. Nix stated "At the time I retired, I was one ofthe most, if not the highest, senior lieutenant." Nix noted complaints she had with Ricky Shelby which she reported to Sheriff Morgan as well as feeling her opinion or input was not valued. Nix stated she was not allowed to interview for a captain position, but stated she was informed by personnel there was no list and "administration chooses who to interview." Nix provided no statement of complaint that she endured mistreatment or gender discrimination due to direct or indirect actions of Chief Haines. No information or facts were contained describing gender bias or discrimination towards or against Barber.

Montoya provided a sworn deposition on February 13, 2015. Montoya identified Joanna Ramos (formerly Wilson) as confiding in her an incident of discrimination that resulted in her

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Sergeant, Dawn Janes (formerly Goodwin), notifying Sheriff Morgan. No information or facts were contained describing gender bias or discrimination towards or against Barber. The remainder applicable portions pertaining to gender bias, retaliation, and discrimination are contained in the summary judgment signed by the Honorable Casey Rodgers. As the official Federal Court ruling, this is the most appropriate document to reference relevant facts pertaining the investigation. Barber did not articulate the meaning of a summary judgment. As per the court order, the following describes summary judgment:

The Escambia County Sheriff's Office is the movant (defendant). Laura Montoya is the non moving party (plaintifj).

Summary Judgment Standard Summary judgment is proper "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as amatter of law." Fed. R. Civ. P. 56( a). The movant "bears the initial responsibility of ... identifying th[ e] portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (I986) (quotations omitted). The burden then "shifts to the non-moving party to rebut that showing by producing affidavits or other relevant and admissible evidence beyond the pleadings." Josendis v. Wall to Wall Residence Repairs, Inc., 662 F .3d 1292, 1315 (I Ith Cir. 2011 ). The self-serving statement of a litigant can defeat summary judgment if it is based on personal knowledge and is not conclusory in nature. See United States v. Stein, 881 F.3d 853, 857 (11th Cir. 2018); Feliciano v. City of Miami Beach, 707 F.3d 1244, 1253 (11th Cir. 2013) (self- serving sworn statements are not to be disregarded at the summary judgment stage). In deciding a motion for summary judgment, courts view the evidence in the light most favorable to the nonmoving party, resolving all ambiguities and drawing all justifiable inferences in favor of that party, eschewing determinations of credibility, weighing of evidence, and other functions properly left to a jury. See Frederick v. Sprint/United Mgm Barber indicated Montoya's lawsuit had witnesses (Philip Nix, Sherry Nix, and Jerry Cox) that provided corroborating facts to support Chief Haines' gender-discriminatory animus. In contrast, the Court ruled in favor of the ECSO, "Defendants also object to several co-worker affidavits presented by Montoya in response to summary judgment, arguing that the affidavits include statements based on speculation, rumor, inadmissible hearsay, and a lack of personal knowledge. Several ofthese objections are sustained, but instead ofruling on each objection separately, the Court notes that, in reaching its conclusions on summary judgment, the Court has disregarded statements based on inadmissible hearsay, speculation, or an apparent lack of personal knowledge". No mention of Barber was noted in this statement. 149 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

The Court also ruled in favor of the ECSO on the following: 1. Summary Judgment is GRANTED on all claims ofrace discrimination and GRANTED for Defendant Alford on all claims; 2. Summary Judgment on Count I and Count II (First Amendment Retaliation) is GRANTED; 3. Summary Judgment on Count III (Equal Protection/gender) (Defendant Sheriff, official capacity) is DENIED as to the demotion, GRANTED as to the termination; 4. Summary Judgment on Count IV (Equal Protection/gender) (Individual Capacities) is GRANTED for Alford on all claims, GRANTED for Shelby, Haines, and Morgan on claims respecting the termination decision, GRANTED on grounds of qualified immunity for Shelby, Haines, and Morgan on the demotion decision, and GRANTED as to Shelby, Haines, and Morgan on the hostile work environment claim; 5. Summary Judgment on Count V (Gender Discrimination/Title VII and FCRA) (Defendant Sheriff, official capacity) is DENIED; 6. Summary Judgment on Count VI (Gender-Based Hostile Work Environment/Title VII and FCRA) (Defendant Sheriff, official capacity) is GRANTED; 7. Summary Judgment on Count VII (Race Discrimination) is GRANTED; 8. Summary Judgment on Count VIII (Race-Based Hostile Work Environment) is GRANTED; 9. Summary Judgment on Count IX (Retaliation/Title VII and FCHR) (Defendant Sheriff, official capacity) is GRANTED; 10. Summary Judgment on Count X (Conspiracy, Section 1985) and Counts XI and XII (Section 1986) is GRANTED.

The Court addressed the alleged gender-biased comments made by Haines and highlighted in Barber's complaint by ruling the comments "date back to 2008 or 2009 and were sporadic events, although Haines 's views about women were widely known in the workplace. Montoya never complained of them, and the more recent comments alleged also occurred infrequently. For instance, she alleges one statement by Haines in 2011 commenting on a sex act and another in 2014 that Montoya should stay home where she belonged" may indicate possible gender-bias, but ruled "bias alone does not equate to a hostile work environment where the gender-based harassment consists of sporadic and isolated instances. The conduct alleged, however, fails to rise to the level of severity or pervasiveness that is required to establish a hostile environment". The court ruled on these comments by stating "viewing the evidence in the light most favorable to Montoya, there is a question offact as to whether the actions of Shelby and Haines were motivated by gender bias and intended to cause the adverse employment 150 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

action ofMontoya's demotion, and whether their input was a proximate cause of her demotion, but not the termination decision". District Court Judge Rodgers declared "the only constitutional claim going forward is Montoya's Equal Protection claim that her demotion was motivated in part by discrimination" but noted, "in this case, there is no dispute that the individual defendants were acting within their discretionary authority. Moreover, the record shows that Morgan's demotion decision was not motivatedbypersonal bias and, atmost, itwasmotivated in part by the biased motive of Haines and Shelby, but also at least in part by Morgan's evaluation of Montoya's job performance. The indisputable evidence in this case shows that the incidents reported and discussed in the deficiency letters actually occurred, regardless ofwhether Haines or Shelby acted with a discriminatory animus in how they reported or characterized Montoya's conduct". Judge Rodgers concluded her ruling with "Thus, Haines, Shelby, and Morgan are entitled to qualified immunity in their individual capacities, and the demotion claim will proceed only against the Sheriff in /tis official capacity".

Nothing regarding Barber was located or disclosed within Judge Rodgers order.

I contacted Human Resources Manager and ADA Coordinator, Dawn Brazwell, and requested a review of the material presented as it related to sexual harassment and gender bias discrimination. Brazwell is a Subject Matter Expert with a Bachelor of Science Degree in Business Administration with an emphasis in Management from Troy University. She holds a SHRM-CP certification from the Society for Human Resource Management and a Professional in Human Resources (PHR) from the Human Resource Certification Institute. Brazwell summarized her review:

"Master Deputy Barber's perception at the time of the letters and her interview is entwined with what she holds to be fact versus what actually happened in many of the situations. She states multiple times "someone told me" or "that was the rumor" during her interviews. As a supervisor (Lieutenant) she believed too much information was accurate in rumors or gossip instead of researching the actual facts." Brazwell addressed several of Barber's complaints, specifically the alleged comment about Barber "dating younger men" and stated "other parties interviewed, of which Master Deputy Barber states were present for a single comment during PBA negotiations, do not recall the comment. If Chief Haines did make the comment, the single comment would be considered off-hand and not perpetual enough to create a hostile work environment." Brazwell also stated "making a statement of being too nice and caring too much is not derogatory." Brazwell pointed out "13% of our sworn positions slots are females. Units within the ECSO operate within that ration as well. Specialized units receiving assignment pay must be applied for or requested. In Master Deputy Barber's case, the denial for the hostage unit came from her supervisor. Although

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my knowledge on that unit is limited, I do know there are and have been females on the team and a female commands that unit. Master Deputy Barber admitted that she does not bother to apply for transfers or specialized units." Brazwell stated in her "opinion, the result is UNFOUNDED. There is no evidence that Master Deputy Barber or any other female was treated unfavorably due to their sex. There is no evidence of unwelcome sexual advance, requests or other verbal or physical harassment of a sexual nature. There is no evidence of frequent or severe comments made to Master Deputy Barber to create a hostile work environment."

FINDINGS:

Pursuant to General Order 225 Internal Affairs Investigations, based on the totality of the facts of the investigation, the following findings are UNFOUNDED: A finding or conclusion that 152 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

an allegation is supported by a preponderance of evidence.

• General Order 213.3 Conduct - Standards of, 213.3, Improper Conduct Offenses #15 Derogatory Remarks: Members will not make derogatory remarks concerning race, sex, religion, age, sexual orientation, or national origin of any person (see G.O. 509 - Citizen Encounters - Enforcement/Biased Based Profiling).

UNFOUNDED

• General Order 213.3 Conduct - Standards of, 213.3, Improper Conduct Offenses #16 Harassment: Members will not harass, threaten, or coerce any person (see G.O. 447 - Workplace - Harassment and Violence)

UNFOUNDED

The "project" provided to Barber by Chief Haines was assigned as a tool to teach and educate. This is a common practice, as others, including male and female Lieutenants, have been given equivalent tasks. Every supervisor interviewed follows this practice in some fashion as a tool to grow and educate their employees. Chief Haines never ordered Barber's discipline over her Facebook post. This was the sole discretion of her supervisor, Captain Tom Greer. Several supervisors interviewed interpreted Barber's post as derogatory towards the administration, due to her rank as a Lieutenant. Barber was given discipline and transferred while assigned to Internal Affairs. This was due to her failure to investigate a case of workplace harassment. Chief Haines was not in her chain of command, nor did he have any involvement in the incident. This was decided and ordered by the

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female unit supervisor, Senior Commander, Darlene Dickey. PBA President Sergeant Tyree has had no females bring any harassment complaints to his attention, or that of any other PBA representative. The harassment complaints made by many other females were not related to Chief Haines, but were investigated and handled according to law and policy. Several sexual harassment complaints have been made by females within the agency. None of these females have alleged or complained of retaliation or fear for reporting. Barber stated the hostile work environment within the Unit was not addressed, however, training, transfers and discipline resulted in this incident. Chief Haines was not involved. Barber stated she does not "bother" to put in transfer requests to go to specialized units. She was denied application to the Crisis Negotiation Unit by Captain Greer due to her position needing to be available as a shift lieutenant. I currently command the Crisis Negotiation Unit. Commander Yuhasz, Captain Janes, Sergeant Turner, Sergeant Peterson, Sergeant Ramos, and Sergeant Scruggs have all worked in specialty units. No evidence suggested Chief Haines had prevented any female from working in a particular division or unit based on their sex. Sergeant Peterson never felt she would suffer from retaliation during her internal affairs investigation. She never felt she was being treated with hostility or discrimination. This investigation was conducted by Commander Yuhasz and Lieutenant Jeremy Small, not Chief Haines. PBA President Tyree or Sergeant Newton deny any feelings of fear or retaliation from Chief Haines due to their PBA affiliation. Neither have witnessed any behavior directed towards Barber that would instill fear or fear of retaliation for their PBA involvement.

• General Order 213.3 Conduct - Standards of, 213.3, Improper Conduct Offenses #17 Sexual Harassment: Members will not engage in conduct defined by law and/or Sheriffs Office policy as sexual harassment (see G.O. 449 - Workplace- Sexual Harassment).

UNFOUNDED

Barber states she was not promoted on the context she was a female. Barber heard "rumors" there were openings. Per HR documents, no openings for Lieutenant were available prior to the list expiring. Barber successfully promoted to the rank of Sergeant (only tested one time) and Lieutenant (tested twice) under the Morgan administration. The list Barber states she was discriminated and not promoted, included another female that was promoted. Barber claims Chief Haines discussed keeping her from promoting during a staff meeting. Interview of Commander Yuhasz revealed Commander Custer discussed Barber's failure to perform, not Chief Haines. Per HR rules, discipline and personnel folders are allowed to be discussed with the Sheriff. Lastly, Sheriff Morgan has the final say on promotion and/or demotions.

PBA President Sergeant Tyree has had no females bring any sexual harassment complaints 154 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

to his attention, or that of any other PBA representative. The sexual harassment complaints made by other females were not related to Chief Haines, but were investigated and handled according to law, policy and reviewed by the Court. None of these females have alleged or complained ofretaliation or fear for reporting. None of the witnesses, to include females, have heard or have any knowledge of sexual harassment complaints, behaviors, or allegations due to Chief Haines or anyone else. Sergeant Robert Greene had an incident reported regarding sexual harassment by a female This was investigated and he was subsequently transferred. Greene had an additional investigation conducted due to new allegations of harassment that is currently still processing. This complaint was addressed and Sergeant Greene was served a Notice of Disciplinary Action for a 30- hour suspension and demotion to Deputy Sheriff 1st Class for violation General Orders 213 .3 Improper Conduct Offenses: (15) Derogatory Remarks and 213.3 Improper Conduct Offenses (68) Unbecoming Conduct. Chief Haines was not involved in this incident.

• General Order 213 Conduct - Standards of, 213.2 Neglect of Duty Offenses #23 Failure to Follow General Orders, Directives, and Sherifrs Orders: Members will adhere to general orders, Sheriffs orders, policies, and directives and will faithfully execute all duties and responsibilities of their assigned position. o 215.3 Law Enforcement Canon of Ethics #1. Law enforcement members will abide by the following Canon of Ethics:

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations ofmy agency. Whatever I see or hear ofa confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance ofmy duty.

155 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

I recognize the badge ofmy office as a symbol ofpublic faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession - law enforcement. UNFOUNDED

This investigation shows that Chief Haines has majority of female employees in his chain of command. He also has a Commander, Colonel, and 2 female Sergeants in his chain of command. The deposition clearly states the Bible has a particular hierarchy that he applies in his personal life. He never states he believes this should be applied in the business setting. In contrast, he expresses his concern over this passage by stating when Sarah Palin was a possible Vice President candidate, he wasn't convinced she would be able to put this passage aside in the professional setting. Chief Haines is entitled to his own religious beliefs and to hold his beliefs against him without evidence of discriminatory conduct, would be discrimination. Barber had no factual knowledge of any facts surrounding the case of Laura Montoya, even admitting she had not read or reviewed many of the documents prior to submitting them as part of her complaint. Barber could not provide any facts or witnesses to correlate the documents she used as relating to discrimination or gender bias she has experienced. Barber could not provide any current employees other than Sergeant Webber, at the Escambia County Sheriff's Office, that claimed to have experienced gender bias or discrimination from Chief Haines. Sergeant Webber stated in her deposition she had never had any problems with the way Chief Haines has treated her nor has she heard of any other females in the agency complain about such treatment.

• General Order 213 Conduct - Standards of, 213.2 Neglect of Duty Offenses #31 Negligence -Not Endangering: Members will not ignore or violate official directives, policies, procedures, orders, or supervisory instructions or knowingly fail to properly execute the duties and responsibilities of their assigned positions.

UNFOUNDED

156 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

• General Order 213 Conduct - Standards of, 213.3 Improper Conduct Offenses #68 Unbecoming Conduct: Personnel shall conduct themselves at all times, both on and off duty, in such a manner as to reflect favorably on the Sheriffs Office. Conduct unbecoming shall include that which brings the Sheriffs Office into disrepute or reflects discredit upon the personnel as a member of the Sheriffs Office, or that which impairs the operation or efficiency of the Sheriffs Office or personnel.

UNFOUNDED

Chief Haines is the Chief Deputy of Administration for the Escambia County Sheriffs Office, however, he does not "have his hands in everything" that happens, despite Barber's allegations. Chief Haines has no involvement in discipline that originates in the Operations Division. He does not decide who gets discipline or what the discipline will be, however, if he is included on the staff summary sheet, he ensures the discipline is fair, consistent and within policy. Based on the interviewed witnesses, he is rarely notified of transfers, unless he is put on the staff summary sheet, which does not often occur. Barber was able to discipline her employees per her own statements. Sergeant Wiggins was given a 3-day suspension on an incident she investigated and Sergeant Hoyland was issued a general counseling. Her continued discipline of Sergeant Hoyland was done by her Commander as a result of Hoyland providing a doctor's note excusing his leave. Chief Haines had no involvement in any of these incidents. ' Sergeant Kilgen received a 40-hour suspension, was transferred and removed from the SWAT team. Similar employee incidents, Colleen Burt received a 40-hour suspension and Jacques Morgan received a 20-hour suspension. This was not swept under the rug. Chief Haines was not involved in the recommended actions. Sergeant Shorette had one internal affairs investigation that was exonerated and received one general counseling during his probationary period. There were not multiple investigations or discipline. Chief Haines had no involvement with this discipline or the outcome of the investigation. Sergeant Holloway struggled in the beginning as a probationary supervisor, but documents show his improvement and successful completion of his probation. His subsequent transfer was not done under Chief Haines' chain of command.

157 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

My name is Colonel Mindy Von Ansbach Young and I am a person of legal age and a Deputy Sheriff of the Escambia County Sherifrs Office. I, the undersigned, prepared the attached investigative report consisting of 158 numbered pages in the case of Chief Deputy Eric Haines. I do hereby verify that the contents of the attached report are true and accurate based upon my personal knowledge, information, and belief.

I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my knowledge, information, and belief, I have not knowingly or willingly deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.

Under penalties of perjury, I further declare that I have read the foregoing report of investigation and that the contents of the report are true and accurate to the best of my knowledge, information, and belief.

y Von Ansbach Youn AOIC, Administration

State of Florida, County of Escambia Subscribed and sworn to, or affirmed, before me this j..'·J Tf-1 day of Ocr A.D., 20.L!_. By: \.~<.A.IAAS:'.b- Who is p~nally known t~me or has produced ------ tific ti Nota co

------My commission expires (FSS 117.10)

Approving Supervisor:

Sheriff bavfd Morgan'#of) (_...,,,,/,/'

158 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Date: September 25, 2019

To: Colonel Young

From: Dawn Brazwell, HR Manager

Re: Discrimination/Sexual Harassment/Hostile Work Environment Complaint

PURPOSE

It was requested that I review the IA file !2019-015 as a Subject Matter Expert (SME) and give an opinion on the summation of the file. As the SME it is appropriate I list my qualifications that would meet the requirements of such. I have been the Human Resource Manager and ADA Coordinator for the Escambia County Sheriff's Office for 8 years. I was in Human Resources and Administration for 24 years previous to that. I have a Bachelor of Science Degree in Business Administration with an emphasis in Management from Troy University. I also hold a SHRM-CP certification from the Society for Human Resource Management and a Professional in Human Resources (PHR) from the Human Resource Certification Institute.

CONTENT

I was given the IA file I2019-015 containing interviews from the following individuals: Senior Deputy Jason Donnelly Sergeant James Newton (also a PBA Board member) Sergeant Lee Tyree (also PBA President) Lieutenant Tama Barber (aka Master Deputy Barber) I feel it is important to note that during this investigation Lt. Barber was demoted from Lieutenant to Master Deputy based on facts from another IA case. I made every effort to refer to her as a Lieutenant while she was a Lieutenant and then Master Deputy once she was demoted. She was demoted on 7/29/2019. Lieutenant Walter Matthews Lieutenant Jack Holland Captain Tom Greer Commander Tracy Yuhasz Commander Mark Jackson

Additionally, there was correspondence between Lt. Barber and the Sheriff, documents involving history of employees, correspondence with the PBA, assignment and transfer information and deposition interviews submitted by Lieutenant Barber from Eric Haines in the court case involving Laura Montoya and Laura Montoya in the court case involving Anita Hemphill.

I read each interview and letter of correspondence in detail at least once. I perused the rest of the documentation focusing on only the pertinent, factual material regarding sexual discrimination, sexual harassment and hostile work environment.

llPage OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

DEFINITIONS Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

It is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

BASIS FOR DISCRIMINATION CLAIM (Barber)

On May 1, 2019, Lt. Tama Barber submitted a letter which contained a complaint of Gender Discrimination. She believes Chief Haines has a long history of gender discrimination by stating "His discrimination has been the subject of many lawsuits" as an example of proof. She also claims a hostile work environment due to discipline she received for disagreeing with the Chief during union negotiations. On May 8, 2018 the Sheriffresponded to Lt. Barber's letter and ordered her to provide any first-hand knowledge of discrimination by Chief Haines to him ASAP. On May 14, 2019 Lt. Barber submitted a second letter. In the letter she:

• Submits evidence by stating that there is an order by US District Court Judge Casey Rogers and continues on to cite four paragraphs from the order (summary judgement) • Alleges Chief Haines made a joke concerning her dating preferences during PBA negotiations • Alleges Chief Haines stated that she should have never made it through probationary status as a sergeant and that he would ensure she would not be promoted and she, as a result, did not get promoted • Alleges Chief Haines has been heard saying she is too nice and cares too much about others • Alleges she received discipline for disagreeing with Chief Haines during union negotiations • Alleges she could not proceed with discipline on male sergeants on her shift • Cites the lack of punishment for various male sergeants and a lieutenant for incidents worthy of discipline • Alleges females have not been given the opportunity to be in specialized units • Alleges she with discriminated against in the IA process concerning her interview

21Page OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

In her IA interview Master Deputy Barber

• Alleges Chief Haines doesn't think women should sit in positions of authority and he was trying to keep her from getting promoted

SUMMARY

Master Deputy Barber's perception at the time of the letters and during her interview is entwined with what she holds to be fact versus what actually happened in many of the situations. She states multiple times "someone told me" or "that was the rumor" during her interviews. As a supervisor (Lieutenant) she believed too much information was accurate in rumors or gossip instead of researching the actual facts. Her allegations are addressed as follows: • Chief Haines has been dismissed in all court cases regarding sexual discrimination with the exception of one open case in which he is not being charged. • Other parties interviewed, of which Master Deputy Barber states were present for a single comment during PBA negotiations, do not recall the comment. If Chief Haines did make the comment, the single comment would be considered off-hand and not perpetual enough to create a hostile work environment. • Chief Haines did not halt her promotion to Lieutenant. Discussions when promoting new supervisors would be considered normal practice. A promotional list has a start date and an end date. Master Deputy Barber believed there was an opening because that is what she was told by someone. In fact, by reviewing the vacancy list, there was no opening. The next Lieutenant vacancy was in May of 2015 which was after the list had expired Qanuary 31, 2015). The next Lieutenant was not actually promoted until September of 2015. It should be noted as well that promotions are contained in management rights. • Making a statement of being too nice and caring too much is not derogatory. • The discipline she received (written reprimand) was admittedly solely at the discretion of her supervisor, Captain Greer. Chief Haines was not consulted on her written reprimand. Disagreements often occur during negotiations and are expected. The definition of negotiation is General: Bargaining (give and take) process between two or more parties (each with its own aims, needs, and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual concern or resolve a conflict. The project she received was also confirmed to be a learning or teaching tool to help her understand the issue for which she was reprimanded. • The allegations of not being allowed to discipline male subordinates, specifically Coad and Hoyland were not proven. There were also other factors she did not consider. Her supervisor, Captain Greer, clearly states that the Commander of Patrol was the deciding influence in setting the limitations of her research on Hoyland into leave misuse, not Chief Haines. • The lack of investigative techniques by Master Deputy Barber in confirming, denying or squashing rumors concerning incidents relating to her allegations of male supervisors not receiving punishment for incidents is alarming. For example, the entire unit was assembled, a class roster was signed and a presentation on sexual harassment, harassment and hostile work environment

3IPage OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

was given. The complaining employee requested an immediate transfer, which was granted, therefore alleviating anyone else to be immediately transferred. She was given wrong information by "someone" possibly a fleet maintenance employee, Cathleen, or a disgruntled former employee, Phillip Nix, who had no involvement in the situation. Also, the male sergeant who was not on probation and who left his vehicle unlocked and the rifle was stolen was suspended for 40 hours and transferred. The female crime scene tech was suspended for 40 hours, not fired, for bringing a gun into the building and leaving it in the restroom. These are only some of the false rumors. • 13% of our sworn position slots are females. Units within the ECSO operate within that ratio as well. Specialized units receiving assignment pays must be applied for or requested. In Master Deputy Barber's case the denial for the hostage unit came from her supervisor. Although my knowledge on that unit is limited, I do know there are and have been females on the team and a female commands that unit. Master Deputy Barber admitted that she does not bother to apply for transfers or specialized units. • Individuals with religious beliefs of all kinds are supervisors, managers, owners, bosses, etc. and make the distinction between applying business concepts and faith. The information submitted by Master Deputy Barber as proof of religious bias by Chief Haines are statements without confirmation.

CONCLUSION

In my opinion the result is UNFOUNDED. There is no evidence that Master Deputy Barber or any other female was treated unfavorably due to their sex. There is no evidence of unwelcome sexual advance, requests or other verbal or physical harassment of a sexual nature. There is no evidence of frequent or severe comments made to Master Deputy Barber to create a hostile work environment.

Respectfully Submitted,

Dawn L. Brazwell HRManager

41Page OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Sheriff Morgan, May I, 2019

Please receive this letter as my formal notice of violation of Chapter 112 and my request for a compliance review hearing in accord with §112.534(c), Florida Statute. As you are most likely aware, I am currently under investigation for alleged violations of agency policy. The allegations mainly involve claims that I gossiped within the agency and criticized orders and/or policies. I first learned that I was under investigation on March 13, 2019, when I was reassigned to Court Security. On April 22, 2019, I received a phone call from Lieutenant Frank Forte requesting that I appear in his office on April 23, 2019 to receive formal notice of the investigation. As directed, I met Lieutenant Forte and received the formal notice of investigation. Lieutenant Forte discussed scheduling my interview, and he requested that I appear the next morning at 8:00 A.M. for my interview. I expressed concern over finding a representative to appear at that time, and I specifically mentioned that my first choice, Lee Tyree, was conflicted from representing me given that he is a witness in the investigation. Lieutenant Forte discounted my concerns and insisted that Mr. Tyree could serve as my representative regardless of his having been interviewed as a witness. Lieutenant Forte relented, but insisted that I appear no later than April 25, 2019, at 8:00 A.M. I stated that I did not believe that time frame would allow me to find another representative who would not have a conflict in their calendar, and Lieutenant Forte told me to call him ifl could not make that deadline. I began feverishly trying to obtain counsel to assist me during the review and interview process, as I am guaranteed under§ 112.532, Florida Statute. I obtained counsel, but he had a conflict with the April 25, 2019 deadline. As such, I contacted Lieutenant Forte to advise that my attorney would be contacting him to schedule the interview. I later spoke to Lee Tyree who stated that Chief Haines also told him that he could serve as my representative. I once again rejected that proposition given Mr. Tyree's role as a witness. The interview was rescheduled for April 29, 2019. I appeared as ordered with my attorney, Louis Jean Baptiste. Lieutenant Forte provided the materials for review, and I began to review the voluminous materials with Lieutenant Forte present in the room. My attorney would intermittently play music on his phone in order to provide some privacy while we conferred, and Lieutenant Forte allowed that to occur. At one point, we both excused ourselves to use the restroom, and Lieutenant Forte monitored us as we left the room. When we returned, Lieutenant Forte declared that I was no longer permitted to consult with my attorney under any circumstances. At that point, I stepped outside to discuss this matter with my attorney. I eventually decided to continue reviewing the materials to see if we could work through Lieutenant Forte's violation of my rights. Unfortunately, Lieutenant Forte refused to allow us any opportunity to confer and he continued to insist that discussing the materials with my attorney would not be permitted. My attorney objected and several other agency members became involved. In addition to Lieutenant Forte, Sergeant Wayne Pittman, General Counsel Debra Little, and Chief Eric Haines came into the room. I felt threatened and intimidated, especially by Chief Haines. At one point, Chief Haines threatened to have my attorney removed from the premises. Chief Haines kept OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

demanding that I reveal the content of my privileged communications with my attorney and he demanded that I reveal what I wanted to discuss with my attorney. My attorney advised me not to answer any questions, and my attorney noted that the Chief's questioning constituted an interview pursuant to Section 112.532. I felt compelled to answer the Chief's questions, because he was demanding that I answer, but I was conflicted because my counsel was advising me not to answer any questions. Eventually Chief Haines offered to leave the room to allow me an opportunity to confer with my counsel, and I reiterated my desire to confer with my attorney. After conferring with my attorney, Chief Haines returned to the room and I requested a compliance review board pursuant to § 112.534 ( c ), Florida Statutes. Chief Haines repeatedly questioned me regarding my request, and he continued to ask the same questions over and over. I eventually stated that I had already answered the questions, and I had nothing more to add. The interview was recorded, and I am requesting to be provided a copy of my recorded interview within seventy two (72) hours as provided in § 112.532(l)(g). I was compelled to attend the interview, I was ordered to answer questions, and the interview was recorded. As such, this constitutes an interview and I am entitled to a copy of the recording. I told Chief Haines that I was requesting a compliance review board, as I am guaranteed under Florida Statute, and that his repeated questioning was not going to change my position. Chief Haines indicated that he is assigned to review any requests for a compliance review board, and he denied that I would receive the compliance review hearing as provided in statute. At that point he advised that if I left the room, he would continue the investigation in my absence. I maintained my demand for a compliance review board, and I left with my attorney.

Chief Haines was raising his voice and acting in an intimidating manner. Most of his aggression was directed at my attorney, but he also treated me with hostility and disrespect. His aggression was solely related to my assertion of my rights as an officer and a citizen. Please accept this as my formal request for a compliance review board, and as my formal complaint against Chief Haines, Lieutenant Forte, Debra Little, and Sergeant Pittman. They acted in concert to prevent me from asserting my right to counsel, and my right to be represented under § 112.532. As I stated above, Chief Haines was the primary aggressor, but they each assisted and supported his misconduct. As you are aware, Chief Haines has a long history of discriminating against female employees. His discrimination has been the subject of many lawsuits, and this is another example of him treating a female employee differently. I am requesting that you investigate Chief Haines and prevent him from taking any additional hostile actions towards me or from violating my rights any further. In addition to his discriminatory feelings, Chief Haines also resents my involvement in the Police Benevolent Association. Chief Haines has made false allegations against the Police Benevolent Association, and he resents my serving in a position of leadership with the Police Benevolent Association. His hostility has been evident during negotiations both verbally and in writing. I was investigated and disciplined during the last negotiations after I disagreed with Chief Haines. Chief Haines was heavily involved in that discipline. OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

I have a constitutional and statutory right to be involved in the Police Benevolent Association, and corrective action needs to be taken to ensure that Chief Haines does not continue to target and discriminate against me. As such, (1) please empanel a compliance review board to review these violations; (2) please provide me with a recording of my interview; (3) please investigate the violation of my general right to counsel; (4) please investigate the denial of my right to be represented by counsel as outlined in § 112.532; (5) please investigate the violation of my rights under Garrity v. New Jersey, 383 U.S. 493 (1967); (6) please investigate all involved for conduct unbecoming and any other violations of policy that occurred; (7) please investigate Chief Haines for his ongoing pattern of gender discrimination; (8) please investigate the violations of my right to association and right to engage in collective bargaining activities; (9) and please take any other remedial steps necessary.

Respectfully submitted,

Lt. Tama Barber OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MAILING ADDRESS LOCATION P. 0 . Box 18770 1700 W. Leonard St. Pensacola, Florida 32523 Pensacola, Florida 32501 (850) 436-9630 www .escambiaso.com

ESCAMBIA COUNTY SHERIFF'S OFFICE David Morgan, Sheriff

Lieutenant Tama Barber May 8, 2019

RE: Request for Compliance Review Board

Lieutenant Barber,

I am in receipt of your written notice of your concerns over perceived violations of your 112 rights and request for a compliance review hearing. As you are aware, the sole purpose of a compliance hearing is to determine whether or not the investigator or agency intentionally violated the requirements provided under 112.

I have reviewed the information provided in your notice and the audio recording from April 29, 2019. At this time, I do not find that there is any evidence of an intentional 112 violation on the part of Lt. Frank Forte, as the investigator in this matter or Chief Deputy Eric Haines, as the agency representative. To alleviate any additional issues or concerns regarding violations of your 112 rights, the IA investigation will proceed relying on the evidence already gathered foregoing the need to interview you. As such, a compliance hearing will not be convened at this time.

Additionally, your letter contained allegations that Chief Deputy Haines has a "long history of discriminating against female employees." There is absolutely no evidence to support this assertion. Instead this assertion is grounded in rumor and innuendo with no factual basis. If you have any first-hand knowledge of discrimination against female employees by Chief Deputy Haines, that evidence is to be provide to me ASAP. As a Lieutenant within this organization, any knowledge of discrimination against ANYONE should have been immediately reported according to policy.

FLORIDA

ACCREDITED OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

0511412019

Your response does not resolve my request for a Compliance Review Pane]. Under 112.534(e), a CompJiance Review Panel can review any intentional violations by the investigator OR the Agency. In this instance, the investigator violated my rights at the command of Chief Haines. A Compliance Review Panel is designed to detennine whether the investigator, or any other member ofthe agency, violated my rights. Jf any such violation is discovered, the Agency must then initiate an investigation against those responsible for the violations pursuant to l 12.534(g).

I am requesting, as is my right under 112.534, that the Compliance Review Panel be convened to hear evidence of the violations and to determine if Lieutenant Forte. Chief Haines, or any other member of the agency intentionally violated my rights. Upon such a finding, I am requesting that Investigator Forte be removed from the investigation, pursuant to 112.534(g), and that an investigation be initiated against him and any other member ofthe agency who is responsible for the intentional violations. The statute entitles me to receive this review, relief, and investigation. I am exercising my right to that process.

Under 112.534, Subsection (e):

It is the responsibility of the compliance review panel to detemiine whether or not the investigator or agency intentiona11y violated the requirements provided under this part. It may hear evidenc~, review relevant documents, and hear argument before making such a determination; however, a11 evidence received sha11 be strictly limited to the a11egation under consideration and may not be reJated to the disciplinary charges pending against the officer. The investigative materials are considered confidential for purposes of the compliance review hearing and detemiination.

And subsection (g) provides:

Ifthe alleged violation is sustained as intentional by the compliance review panel, the agency head shall immediately remove the investigator from any further involvement with the investigation of the officer. Additionally, the agency head shaJI direct an investigation be initiated against the investigator determined to have intentionally violated the -r-equir-emen·ts-·provided-under-this-part-forpurpo-s-e:s--of-agency aiscipfinafy·actioii:--ff ··. that investig~tion is sustained, the sustained aHegations against the investigator sha11 be forwarded to the Crim,inal Justice Standards and Training Commission for review as an act of official misconduct or misuse ofposition. l have a statutory right to this process, and the Compliance Review Panel has a statutory duty to identify any violations ofmy rights. Upon such a finding, the Agency has a statutory duty to investigate those violations. These procedural safeguards are due and owing to me, and they are designed to ensure that officers' rights are protected. As for Chief Haines' history of discrimination, there is significant deposition testimony by women who were victims of his discriminatory animus and there is an order from United States District Court Judge Casey Rogers where she held: OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

There is also evidence of gender-discriminatory animus by both-i.e., that Shelby did not want a woman running investigations and at times had called her gender-based derogatory names and that Haines harbored a discriminatory view of women in elevated positions in law enforcement, such as that women should be subordinate to men. women should not be in a leadership position, and men should not take direction from women in law enforcement. showing a discriminatory animus. "

"Thus, although neither Shelby nor Haines recommended Montoya's demotion and the events were not fabricated, they provided input that may have been motivated by gender bias, and there is evidence that Morgan relied on their input and their characterization of Montoya's competence, judgment, and leadership abilities in deciding to demote her. Viewing the evidence in the light most favorable to Montoya, there is a question of fact as to whether the actions of Shelby and Haines were motivated by gender bias and intended to cause the adverse employment action of Montoya's demotion, and whether their input was a proximate cause of her demotion.''

"Haines and Shelf?y both supervised Montoya and both were members of the Command Staff. Their allegedly hostile actions continued into the statutory period by reason of Shelby's alleged gender-biased insults and at least one alleged gender- biased comment by Haines in April 2014, suggesting that her husband makes plenfy of money so she could stay home where she belonged. Thus, all related acts can be considered in determining whether there was ongoing hostility toward women in the workplace."

"Most of the expressly gender-based comments of Haines date back to 2008 or 2009 and were sporadic events, although Haines's views about women were widely known in the workplace. Montoya never complained of them, and the more recent comments alleged also occurred infrequently. For instance. she alleges one statement by Haines in 2011 commenting on a sex act and another in 2014 that Montoya should stay home where she belonged; she also alJeges one comment by Shelby in 2013 that women should not be in charge of investigations and name calling of unknown frequency. These inappropriate remarks and Shelby's name ca1ling undoubtedly indicate possible gender-bias on their part. and, as noted above, may be considere~ when determining whether discriminatory input impacted SheriffMorgan's ultimate demotion decision."

These findings are not innuendo or rumor.

Additionally, during PBA negotiations in the past, ChiefHaines made a joke about my dating preferences. His harassing and demeaning comments were made in the presence of other members of the Escambia County Sheriff's Office and other PBA negotiators. This occurred --j in your conference room, but I am not sure if the comments were recorded. I did not fi]e a I complaint, because I was concerned about retaliation. The agency has a long history of ... retaliating.against.women-who complain, and I did not want to faJJ into that category. It is te11ing that nobody else fi]ed a complaint, although several other agency members heard the improper remarks. OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

It recently came to my attention that, in 2014, when I was ~ Sergeant and one ofonly five (5) officers who passed the test to be promoted to Lieutenant on the new 2013 promotion list, Chief Haines discussed me in a Staff meeting in the presence ofLaura Montoya, Lee Weston, and others. During this meeting, Chief Haines stated that I should have never made it through my probationary status as a sergeant and, even though there was a position open for Lieutenant, he would ensure that I was not promoted. Chief Haines further stated. that he would let the promotional list expire and did not believe 1 would do well on the next test, therefore, I would not be promoted. Each of the sergeants who passed the test were promoted to Lieutenant, but I was not. Nonetheless, I exceeded Chief Haines' expectations and passed the next test. I was eventually promoted to Lieutenant.

Since then l have heard of Chief Haines making comments about me to others such as I am too nice, I care too much about others, or that the stats on my shift were low and it was his perception that it was due to a lack of leadership on my part. These derogatory comments began shortly after I was promoted and transferred to the shift. It was relayed to Chief Haines that the stats were low on the same shift when (then) Lt. Dixon and (then) Lt. Allday were in charge of the shift as well.

In 2018, Chief Haines told one of my supervisors that 1 was a liar. This was in September after I was punished several times due to a Facebook post that Chief Haines misconstrued as a negative post about ECSO 'Administration. I was given a project to complete which entailed searching through about 2500 emai1s, compiling a spreadsheet (something 1 had never done from the beginning), and a few other tasks under the guise of "coming up with a standardized way of notification'' in regards to death notifications. This project was given to me during the time when I was involved in PBA negotiations with Chief Haines, which had been contentious at times. After completing the project, I received a Letter ofReprimand and Chief Haines also requested thatl be put in charge of the Honor Guard Unit, eommenting that I would then see that no one cares about retirees. I was never put jn charge of that unit, but I do have the letter from Chief Haines ordering this action. I do not know ofany other employee that has had to complete such a task and then also received .additional punishment. I was also informed that my explanation of the post to Captain Greer was not accepted by Chief Haines, and that Chief Haines stated that I was lying and that I should be questioned further. His allegati~ns were baseless and were designed to undermine my position of leadership.

Chief Haines has admitted that the Bible forbids women from sitting in positions of authority over men. This is his faith. I do not begrudge him his faith, but that faith is clearly inconsistent with a conclusion that he does not harbor a discriminatory animus towards women in the workplace. Especially women who have authority over men.

Below are some additional incidents of gender bias or discrimination that you are aware of:

Jn 201-7, I .forwarded a memo, via-my cpain of command, that one ofmy male sergeants was abusing sick leave and had failed to show up for work on several occasions without proper notification. I had counseled the sergeant about this, but he persisted. I was to]d that I could not proceed with progressive discipline, or charge him with insubordination, and he was OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

. transferred from my shift. Chief Haines was aware of this incident. Laura Montoya was treated the same way when she tried to discipline a ma]e subordinate employee.

Jn June, 2018, it was reported by a male investigator that there was a hostile work environment within the Unit. The hostile work environment stemmed from a "game" members of the unit were encouraged (by supervisors and fellow officers) to play. This game occurred when an investigator would be given the name of a female employee or another employee's wife, etc., and would then have to answer sexually motivated questions about these women. The male supervisors involved were transferred back to patrol and received Letters of Reprimand. None ofthem were demoted or suspended. This would have been reported via the Staff Summary Sheet that accompanies all discipline files when they are forwarded through the chain of command for review. As such, I trust that you are aware of this misconduct, and the lack of corrective action that was taken.

Jn June, 2018, a male sergeant was found to· have used his position of authority to coerce another member and was suspended for three (3) days. He was not demoted or transferred from his position.

In August, 2018, a male sergeant left his vehicle unlocked, left an assault rifle and other agency equipment inside, and the equipment was stolen when the vehicle was burglarized. These serious violations were swept under the rug. The sergeant, who was stilJ on probation, was not suspended or demoted for the policy violations (to my knowledge). Instead, he was transferred back to the training division. Experience has shown that a female employee (or femaJe supervisor) would not have received such a punishment.

Also, in 2018-2019t a newly promoted male sergeant was accused of harassing female officers on the shift and making disparaging comments to and about them. That sergeant, who was on probation, was merely transferred to another shift. The husband of one of the females who filed the complaint against the sergeant works on the shift the sergeant was transferred to.

Another male sergeant has had numerous disciplinary actions, including whiJe he was on probation, and has been the subject officer in multiple Internal Investigations. However, he has never been suspended, transferred, or.demoted.

. ------···--·-···------··--·--- ···-----·---···-- ·--··-·------· --- ··-· ------· --·-·· ---· -.. ·-··· ... --·. - - . - ··-. - Under your administration: there has never been a female supervisor on Pensacola Beach, in Warrants, Century, DUI/Traffic Unit, HIP, TAC, Homeland Security, or in charge of Bike Patrol, to name a few. Two males and one femaJe were promoted to staff positions when they did not do well enough on the promotion list to become a Lieutenant. Several male sergeants, who were allegedly not doing well on patrol: were transferred to other positions so that they could make it through their probationary status. rm not aware of any female supervisors given this opportunity.

There is additional direct evidence of gender discrimination in the way my interview was conducted. On 04/29/19, Chief Haines falsely claimed that in the past nine (9) months the OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

Agency has prohibited every subject officer from speaking to their representatives during the ]A/IA interview and review process. This is untrue. A few examples are excerpted below:

• Zack Ward represented Jerome Zaid (male) and was allowed to speak with him during the review, without monitoring. . • Zack Ward represented Amber Perkins (female) and was not allowed to speak to her nor leave the interview room at the same time during breaks. They were also monitored during the review. • I represented Sgt. Melony Peterson (female supervisor). We were monitored during the review process. We were allowed to leave the room at the same time, but had to go to separate bathrooms. Sgt. Peterson did not wish to say anything about this treatment at the time, for fear of retaliation, and we did not attempt to speak to each other. • I represented Steve McKay (male). We were allowed to leave the room together, go on a break together, and even walked to the PBA office together to relax for about 10 minutes, free to discuss anything we wished. • Lee Tyree represented Lt. Bobby Nelson (male supervisor) and was not allowed to speak with him. • Lee Tyree represented Melody Hampton (female) and was not allowed to speak to her. • Lee Tyree represented Jimmie Wiggins (male) and was allowed to speak with him alone. • James Newton represented Matt Johnson (male) and was alJowed to speak to him alone and take breaks with him. • Recently. after 04/29/19, Brian Shorette represented Robert Green (male supervisor). Due to several Investigators having various opinions between themselves, and with Chief Haines, about whether the subject officer can talk to his representative or not, the IA process for that case has been put on hold. I have been infonned that the Attorney General's Office has been contacted by either you, Chief Haines, or one of your other staff members, for an opinion on this matter. Therefore, you are aware of this and should have no problem presenting this matter before a Compliance Review Board for a decision.

These are a11 of the examples I have been able to obtain at this point without further research.

On the day of my review, I was also told by Lt. Forte that lunch would be "brought in." I have never heard of the agency providing lunch during an IA process. This was a deliberate attempt to limit my contact with my attorney and ensure I was constantly being monitored and possibly recorded. I was there until approximately 1400 hours and was never provided a lunch break. We were told that Chief Haines could not be located and waited over an hour for him to respond to the room. One would assume he was most likely at lunch, but when I ~~~ed ~~t_ ~~- ~~!!'!. ~~!~ f.q! !!!~_tQ._I!Q~ify, __h~~tate<:l_!l!at W§~_}ie,__ Thfa was_re_corded.______

Sheriff Morgan, I would like to participate in the interview portion of the IA process, but I am requesting that my rights under Chapter 112 be protected and that a11 employees be treated fairly and consistently. As such, I am requesting that a Compliance Review Board be convened to investigate these violations, as is required by law. I have a statutory right to this process, and the relief that is due upon a discovery of a violation. I am asking that I receive my statutory right of review.

Respectfully, OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

MAILI NG ADDRESS LOCATION P. 0 . Box 18770 1700 W. Leonard St. Pensacola, Florida 32523 Pensacola, Florida 32501 (850) 436-9630 www.escambiaso.com

ESCAMBIA COUNTY SHERIFF'S OFFICE David Morgan, Sheriff

June 18, 2019

MEMORANDUM FOR INTERNAL AFFAIRS OIC

FROM: SHERIFF DAVID MORGAN

SUBJECT: Internal Affairs Investigation

You are hereby directed to conduct an internal affairs investigation into allegations of misconduct; Unbecoming Conduct, as well as any other additional policy violations which occurred from 2008 forward, involving Chief Deputy Eric Haines.

FLORIDA

•ACCREDITED OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019 ,r

MAILING ADDRESS LOCATION P 0 . Box 18770 1700 W. Leonard St. Pensacola, Florida 32523 Pensacola, Florida 32501 (850) 436-9630 www.escambiaso.com

ESCAMBIA COUNTY SHERIFF'S OFFICE Date and Initial David Morgan, Sheriff

ECSO SUMMARY SHEET

Approval/ Date Action Date of Division Signature and Rank Disapproval/ Received Required Dispatch Remarks

Sheriff -~ heri-- n , ....._ __ _ _ Signature Lt /1 ii i,q • ,,_ I '\. ~------(,},~10. . . w - "'~ / - -r1 ' v

Originating Officer/Employee Division/ Phone Number Suspense Date & Rank/Title Symbol !st Lt. Frank Forte, # 23 ff' Internal Affairs 436-9430

Subject Typist Initials Date of Dispatch

Internal Affairs Investigation Directive Letter - Chief Eric Haines hrm 6/18/2019

Summary:

FLORIDA

ACCREDITED ES0-1 87 (09/2017) OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

OKAY, UHM THIS IS A RECORDED STATEMENT BEING TAKEN AT THE ESCAMBIA COUNTY SHERIFF'S OFFICE ON JUNE TWENTY-FOURTH, TWO THOUSAND NINETEEN (JUNE 24, 2019). THIS STATEMENT IS BEING TAKEN IN REFERENCE TO INTERNAL AFFAIRS CASE NUMBER, I, TWO ZERO ONE NINE, DASH ZERO ONE FIVE (I2019-015). THIS STATEMENT IS BEING TAKEN FROM LIEUTENANT TAMA BARBER. TAKING THIS STATEMENT IS COLONEL MINDY YOUNG. ALSO PRESENT DURING THE INTERVIEW IS SERGEANT WAYNE PITTMAN. YOU ARE BEING INTERVIEWED IN REGARDS TO A COMPLAINT THAT HAS BEEN FILED ALLEGING OFFICER MISCONDUCT AGAINST CHIEF ERIC HAINES. BEFORE I GET STARTED, I'M GOING TO SWEAR YOU IN; CAN YOU RAISE YOUR RIGHT HAND FOR ME? DO YOU SWEAR THE STATEMENT YOU ARE ABOUT TO MAKE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD?

BARBER: I DO.

YOUNG: OKAY. EARLIER, I HAD YOU READ AND SIGN THE ESCAMBIA SHERIFF'S OFFICE CONFIDENTIALITY NOTICE. IS THAT CORRECT?

BARBER: YES.

YOUNG: DO YOU UNDERSTAND IT?

BARBER: YES.

YOUNG: DO YOU HAVE ANY QUESTIONS PERTAINING TO IT?

BARBER: NO.

YOUNG: AND IS THAT YOUR SIGNATURE?

BARBER: YES.

YOUNG: OKAY. I ALSO HAD YOU READ THE ESCAMBIA COUNTY SHERIFF'S OFFICE PERJURY AND OATH ACKNOWLEDGEMENT FORM. IS THAT CORRECT?

BARBER: YES.

YOUNG: DO YOU UNDERSTAND IT?

BARBER: YES.

YOUNG: DO YOU HAVE ANY QUESTIONS PERTAINING TO IT?

BARBER: NO.

1 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: OKAY. PLEASE DATE AND SIGN IT.

PITTMAN: OKAY, SHE ALREADY, SHE ALREADY DID.

YOUNG: OKAY. SO WE BRIEFLY KIND OF DISCUSSED THAT YOU ARE, YOU KNOW A COMPLAINANT, UHM IN THE ALLEGED MISCONDUCT AGAINST THE CHIEF. THE SHERIFF HAS ASSIGNED ME AS THE INTERNAL AFFAIRS INVESTIGATOR TO CONDUCT AN I.A. ON HIM. I HAVE IN MY POSSESSION, TWO LETTERS THAT YOU WROTE TO THE SHERIFF, ONE IS DATED MAY FIRST, TWO THOUSAND NINETEEN (MAY 1, 2019) AND ONE IS DATED MAY FOURTEENTH, TWO THOUSAND NINETEEN (MAY 14, 2019). I HAVE TWO COPIES FOR YOU TO KIND OF REFERENCE AS WE GO THROUGH, BECAUSE THERE'S A LOT OF MATERIAL CONTAINED IN THEM, AND THEN THAT WAY WHEN WE'RE KIND OF TALKING, YOU CAN REFRESH YOUR MEMORY AND GO THROUGH IT. UHM, I'M KIND OF A STEP-BY-STEP KIND OF ORGANIZED PERSON.

BARBER: YEAH.

YOUNG: AND SO I HA VE A LIST OF QUESTIONS, IF YOU DON'T MIND THAT I'VE KIND OF PREPARED AND I PLAN TO GO DOWN THE LIST. WE MAY GET OFF ON TOPIC HERE AND THERE, AND THAT'S FINE, IF YOU'LL JUST BEAR WITH ME, WHEN WE COME BACK TO IT. SO I MIGHT ASK YOU

PITTMAN: DO YOU NEED A, I'M SORRY COLONEL

BARBER: IT JUST, IT JUST KEEPS SLIDING BACK. BUT I'LL JUST HANG ON TO THE TABLE.

PITTMAN: DO YOU NEED A DIFFERENT CHAIR? MAYBE THAT CHAIR OVER THERE (INAUDIBLE).

BARBER: IT'S ALRIGHT.

PITTMAN: OKAY, YOU OKAY?

BARBER: LIKE THE WHEELS KEEP, I KEEP GOING.

PITTMAN: WELL, IT WASN'T INTENTIONAL.

BARBER: IT'S OKAY.

YOUNG: (INAUDIBLE)

2 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: THAT'S ALRIGHT.

YOUNG: UHM, SO I'LL GO THROUGH THE LIST. UH, ANOTHER THING IS THERE ARE, THERE IS QUITE A BIT OF INFORMATION THAT I NEED TO GET FROM YOU, SO ANYTIME YOU NEED TO GO TO THE BATHROOM, OR IF YOU NEED A DRINK OF WATER, JUST LET ME KNOW. I DRINK A LOT OF WATER, SO I'LL PROBABLY STOP FOR SOME WATER REFILLS AS WELL.

BARBER: I MIGHT NEED TO GET FLAVOR.

YOUNG: OKAY. WELL JUST LET ME KNOW, AND WE CAN TAKE A BREAK, THEN WE DON'T HA VE TO KILL OURSELVES GOING THROUGH IT.

BARBER: MMM .. HMM.

YOUNG: OKAY. UHM, SO YOU HA VE THE LETTERS IN FRONT OF YOU. THE FIRST ONE THAT WE'RE GONNA KIND GO THROUGH IS THE MAY FOURTEENTH ONE. UHM, I FIRST WANT TO JUST ASK, WHAT EXACTLY IS YOUR COMPLAINT THAT YOU ARE ALLEGING AGAINST THE CHIEF?

BARBER: I MEAN, THAT'S NOT VERY SPECIFIC.

YOUNG: ARE YOU, ARE YOU ALLEGING A SEXUAL HARASSMENT COMPLAINT? ARE YOU ALLEGING A HOSTILE WORK ENVIRONMENT? ARE YOU ALLEGING A GENDER BIASED COMPLAINT?

BARBER: I THINK WE HAVE A LOT OF THINGS GOING ON AT THIS AGENCY. I MEAN I CAN'T REALLY GIVE YOU, ANSWER THAT SPECIFICALLY.

YOUNG: BUT FOR YOU

BARBER: BECAUSE THE MAIN COMPLAINT FIRST, IS HIM VIOLATING MY RIGHTS. THEN IF YOU START LOOKING AT EVERYTHING, THEN YOU CAN SEE THERE'S A LOT OF THINGS GOING ON.

YOUNG: SO, I KNOW THE LETTER REFERS TO THE ONE TWELVE (112) VIOLATION, WHICH IS BEING ADDRESSED

BARBER: THE FOURTEENTH, YES.

YOUNG: YOU KNOW.

3 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: RIGHT. AND

YOUNG: ON its OWN ACCORD AND THAT'S WHAT WE'RE

BARBER: DO YOU HAVE THE SHERIFF'S RESPONSE?

YOUNG: IDO.

BARBER: OKAY.

YOUNG: UH BUT WE ARE NOT HERE FOR THAT.

BARBER: OKAY.

YOUNG: WE ARE HERE FOR THE ALLEGATIONS THAT ARE ALLEGED AGAINST THE CHIEF OF THE GENDER BIAS, THE SEXUAL HARASSMENT, THE

BARBER: RIGHT.

YOUNG: HOSTILE WORK ENVIRONMENT. SO THIS IS ABOUT HOW YOU FEEL AND YOUR VIEWS, YOUR FACTS, AND YOUR INFORMATION.

BARBER: OKAY.

YOUNG: SO WE'RE GONNA GO THROUGH AND I NEED YOU TO YOU KNOW KIND OF HELP ME UNDERSTAND WHAT THESE ISSUES ARE. OKAY?

BARBER: UH THAT, I DON'T KNOW THAT I CAN ANSWER THAT QUESTION RIGHT THIS SECOND, IF THAT MAKES ANY SENSE.

YOUNG: OKAY.

BARBER: BECAUSE THERE'S SO MANY DIFFERENT THINGS GOING ON, I MEAN, REALLY HE NEEDS TO BE ASKED A LOT OF QUESTIONS. (INAUDIBLE)

YOUNG: AND, AND HE WILL BE, UHM AS A SUBJECT OFFICER. YOU KNOW HOW THE PROGRAM WORKS

BARBER: RIGHT.

YOUNG: HE'LL HA VE THE OPPORTUNITY TO COME IN AS WELL. UHM SO WHAT WE'LL DO IS I'LL JUST GO AHEAD AND START KIND OF GOING THROUGH AND WE'LL SEE IF THAT HELPS KIND OF ANSWER SOME OF THE ISSUES. UHM, YOU WERE ASKED TO PROVIDE FIRSTHAND KNOWLEDGE OF THE DISCRIMINATION BY CHIEF HAINES TOWARDS

4 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOU, SPECIFICALLY BY THE SHERIFF OR FIRSTHAND INFORMATION AGAINST ANYBODY ELSE. DESCRIBE TO ME HOW YOU FEEL LIKE HE'S DISCRIMINATED AGAINST YOU (INAUDIBLE) FIRST.

BARBER: WELL FIRST THERE IS THE BACK WHEN HE DID NOT WANT TO PROMOTE ME. UHM, I DON'T KNOW WHAT YEAR THAT WAS, I DON'T HA VE ANY OF MY STUFF WITH ME, UHM TO LIEUTENANT. REMEMBER, WE WERE ONE OF, WE WERE THE ONLY FIVE PEOPLE ON THE LIST, ME, YOU AND THREE OTHERS. I WAS THE LAST PERSON AND HE SPECIFICALLY TOLD MONTOYA, WHICH I LEARNED RECENTLY UHM THAT HE WAS NOT GOING, HE WAS, SEE THAT I WOULD NOT BE PROMOTED. THERE WAS AN OPENING, I WASN'T PROMOTED. I, HE DIDN'T THINK I WAS GONNA PASS THE NEXT TEST. I DID, I MADE IT, HE COULDN'T REALLY PASS ME THAT TIME BECAUSE THERE WAS MORE THAN ONE OPENING, SO I DIDN'T KNOW THERE WAS A PROBLEM BETWEEN ME AND HAINES UNTIL I HAD HEARD RUMORS ABOUT THAT ALREADY BACK THEN, BUT I DIDN'T HAVE ANY KNOWLEDGE OF THAT MYSELF. I WASN'T IN THAT MEETING WITH HIM. SO I DIDN'T KNOW IF IT WAS TRUE. I JUST KNOW EVERYONE WAS COMING TO ME, TELLING ME HE DOESN'T WANT TO PROMOTE YOU. I DON'T KNOW WHAT HIS PROBLEM WAS, BUT UHM, THEN I FOUND OUT FROM MONTOYA THAT HE HAD SAID THESE THINGS, AND HE HAS SAID THESE THINGS IN COURT ABOUT BEING GENDER BIASED.

YOUNG: WELL THAT, THAT ACTUALLY KIND OF LEADS ME TO MY NEXT QUESTION IS, YOU HAD UHM, YOU LISTED SOME THINGS FROM THE MONTOYA CASE, UHM, AND OF THOSE, WERE YOU A WITNESS TO ANY OF THOSE INCIDENTS?

BARBER: NO. IT'S SUPPOSED TO HA VE BEEN FILED IN COURT.

YOUNG: OKAY. UHM, YOU CITED THE SUMMARY JUDGMENT MATERIALS, WHAT WE'RE TALKING ABOUT

BARBER: RIGHT.

YOUNG: AND UH, DO YOU KNOW WHAT A SUMMARY JUDGMENT IS?

BARBER: NOW THAT'S PROVIDED BY MY ATTORNEY.

YOUNG: OKAY.

BARBER: AND HE SAID THAT WAS THE JUDGE'S RULING.

5 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: OKAY. SO THERE'S EVIDENCE OF GENDER DISCRIMINATORY IN THIS BOTH IS WHAT YOU SAID, AND THEN YOU MENTION SOME OF THE OTHER THINGS. DO YOU HAVE ANY PERSONAL KNOWLEDGE OF ANY OF THOSE EVENTS LISTED IN THAT LETTER?

BARBER: OF MONTOYA'S?

YOUNG: YEAH.

BARBER: I DON'T KNOW, LET ME READ THIS AGAIN, OTHER, I MEAN SHE TOLD ME ABOUT THAT. LOTS OF PEOPLE TOLD ME ABOUT THAT BACK THEN. UHM

YOUNG: DID SHE TELL YOU ABOUT THAT WHEN IT HAPPENED THEN OR IS THIS RECENT?

BARBER: NO, RECENT.

YOUNG: (INAUDIBLE)

BARBER: I HAD HEARD RUMORS BACK THEN FROM OTHER PEOPLE, BUT I HAD NEVER TALKED TO HER. I DON'T KNOW WHERE SHE WORKED, I DON'T REMEMBER ANY OF THAT BACK THEN. YOU KNOW, I DON'T KNOW WHAT WAS GOING ON WITH HER BACK THEN. UHM, SO I JUST HEARD FROM HER RECENTLY THAT SHE WAS IN A CONVERSATION WITH HIM AND THEN I HEARD THAT THAT WAS PART OF HER LAWSUIT WAS THAT CONVERSATION AND IT WAS ABOUT ME. SO

YOUNG: SO, HA VE YOU HAD A CHANCE TO READ ANY OF THOSE COURT DOCUMENTS TO SEE IF THAT'S FACTUAL THINGS THAT WERE REVEALED?

BARBER: NO. I UNDERSTAND THE, THE SHERIFF HAS, SO I DIDN'T KNOW WHY I WOULD HAVE TO PROVIDE THE ENTIRE THING TO HIM. HE HAS ACCESS TO THAT I WOULD THINK.

PITTMAN: LET ME, MAY I?

YOUNG: OKAY.

PITTMAN: I HAVE A QUESTION. UH DURING THIS CONVERSATION WITH UH MONTOYA, UH DID SHE, UH APPARENTLY YOU'VE HAD IT RECENTLY, DID SHE SAY ANYBODY ELSE WAS IN THERE WITH, WHEN THE CHIEF WAS TELLING HER THIS OR WAS IT JUST ONE-ON-ONE?

6 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: I DIDN'T ASK HER THAT.

PITTMAN: OKAY,

YOUNG: WELL AND, AND WE'LL KIND OF GET TO THAT SPECIFIC PART HERE JUST A LITTLE BIT LATER. UHM, SO DID YOU SUBMIT ANY PERSONAL TESTIMONY DURING MONTOYA'S TRIAL?

BARBER: NO.

YOUNG: HOW DID YOU COME ABOUT UHM TALKING WITH HER TO WHERE SHE WAS ABLE TO PROVIDE YOU WITH THIS INFORMATION?

BARBER: I HAD A PHONE CONVERSATION WITH HER.

YOUNG: OKAY. DID SHE REACH OUT TO YOU? DID YOU REACH OUT HER?

BARBER: MMM .. SOMEONE ASKED, TOLD ME TO CALL HER.

YOUNG: OKAY. AND IT WAS BECAUSE THERE WAS REFERENCE OF YOU IN HER COURT (INAUDIBLE)

BARBER: I, I DON'T REMEMBER. THEY JUST SAID SHE WOULD LIKE TO TALK TOME.

YOUNG: OKAY.

BARBER: UHM

YOUNG: WHEN YOU SAY THAT THE FINDINGS ARE NOT INNUENDO OR RUMOR.

BARBER: THE SHERIFF SAID THAT EVERY, I DON'T, WHERE IS HIS LETTER, WHERE IS THE SHERIFF'S LETTER? HE SPECIFICALLY STATED SOMETHING TO, ON THAT PHRASE.

YOUNG: YEAH, HE

BARBER: SO

YOUNG: HE WANTED YOU TO PROVIDE FACTS THAT WERE NOT INNUENDO OR RUMOR.

BARBER: RIGHT.

7 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: JUST FACTUAL DATA. BASED OFF OF THE UHM DIRECT REFERENCES FROM THE MONTOYA CASE, CAN YOU TELL ME HOW YOU FEEL YOU WERE DISCRIMINATED AGAINST?

BARBER: WELL EVIDENTLY I WAS PART OF THAT WHOLE THING AND DIDN'T KNOW IT FOR SURE. LIKE I SAID, I HEARD RUMORS, DIDN'T KNOW IT WAS A FACT OR NOT. UHM I DIDN'T KNOW SHE HAD HAD A CONVERSATION WITH THE CHIEF. I JUST HEARD RUMORS FROM OTHER PEOPLE, NOT EVEN FROM HER AND SO HE HAD NO REASON TO SAY THAT ABOUT ME.

YOUNG: AND THIS IS JUST BECAUSE I'M TRYING TO COMPREHEND IT, WHY WOULD NOT HA VE BEEN CALLED IN AS A PERSONAL WITNESS IN MONTOYA'S CASE IF YOU WERE SUCH A SUBJECT MATTER (INAUDIBLE)

BARBER: THAT'S A QUESTION FOR HER AND HER ATTORNEYS. I DON'T, I CAN'T ANSWER THAT.

YOUNG: OKAY. BUT YOU DIDN'T KNOW ANYTHING ABOUT IT GOING ON UNTIL (INAUDIBLE)?

BARBER: NO. I KNEW SHE HAD A LAWSUIT. I DIDN'T KNOW THE WHOLE BASIS OR NOTHING. IT'S NOT LIKE I RUN AROUND IN THOSE CIRCLES. I DON'T, YOU KNOW, I DON'T, I'M NOT PRIVY TO ALL THE INFORMATION THAT GOES AROUND BEHIND THE SCENES HERE AT THE SHERIFF'S OFFICE. YOU KNOW, THERE'S LOTS OF LAWSUITS, SO

YOUNG: SO THE, YOU DIDN'T NECESSARILY PREPARE THIS PART OF THE INFORMATION. BUT THE INFORMATION IS OUT THERE THAT WE COULD GET THAT WOULD CLARIFY SOME OF THE QUESTIONS.

BARBER: YES. THAT CAME THAT FROM THE COURT CASE I BELIEVE.

YOUNG: OKAY. HOW CAN I GET THAT INFORMATION?

BARBER: UHM, I CAN PROBABLY GET IT FROM MY ATTORNEY OR HE CAN SEND IT TO YOU.

YOUNG: OKAY. THAT WAY IT'LL JUST EXPLAIN KIND OF EVERYTHING IN DEPTH AND WHERE YOU WERE ACTUALLY (INAUDIBLE) AND REFERENCED IN IT. UHM SO WE'RE GONNA KEEP MOVING ON PAST THE SUMMARY JUDGMENT STUFF AND YOU WERE REFERRING IN YOUR FIRST PARAGRAPH TO THE P.B.A. NEGOTIATIONS

8 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: MMM .. HMM.

YOUNG: THAT THERE WAS AN ISSUE. WHICH NEGOTIATIONS WAS THAT?

BARBER: I THINK IT WAS LIKE TWENTY FIFTEEN, TWENTY SIXTEEN. I, I JUST REMEMBER THAT WE WERE IN THE SHERIFF'S OFFICE CONFERENCE ROOM, YOU KNOW, WHERE THAT BIG TABLE IS AND, I'M GOING TO MOVE IT A WAY FROM THE PAPERS. AND UHM, UH WE WERE EITHER GOING ON BREAK, COMING BACK FROM BREAK, SOMETHING, BECAUSE NOT EVERYBODY WAS IN THERE. BUT I KNOW LEE WAS IN THERE BECAUSE HE'S ALWAYS IN THERE. IT MIGHT'VE BEEN NEWTON. I REALLY CAN'T, ALLEN MILLER IS USUALLY IN THERE BUT I CAN'T REALLY REMEMBER WHO ALL WAS IN THERE BECAUSE EVERY TIME WE HAVE NEGOTIATIONS, A COUPLE OF PEOPLE HAVE CHANGED. LIKE YOU WERE IN THERE ONCE, YOU KNOW, YOU JUST NEVER KNOW. AND THEN UH PACHUCKI HAS BEEN IN THERE ONCE. YOU KNOW, A FEW OF THE PEOPLE CHANGE. BUT, ME, ALAN AND LEE ARE USUALLY ALWAYS IN THERE AND A LOT OF TIMES NEWTON IS IN THERE. AND SO, I, I KNOW WE WERE GOING OVER SOME KIND OF NUMBERS, IT WAS EITHER NUMBERS ABOUT RAISES OR BUT WE WEREN'T TO THE PHASE WHERE WE HAD ALREADY GOT THE MONEY YET, SO I KNOW IT WAS BEFORE ALL THAT. UHM, SOMETHING TO DO WITH RAISES AND MONEY AND WE WERE GOING OVER SOME FIGURES. MAYBE IT WAS HOW TO IMPLEMENT THE, HOW TO CORRECT UH COMPRESSION. SO WE TALK ABOUT THAT A LOT. SO IT WAS SOMETHING TO DO WITH MONEY AND NUMBERS AND THAT KIND OF STUFF. UHM, AND HE, HE SAID SOMETHING ABOUT WANTING TO MAKE A JOKE AND, BUT I WAS IN THERE, AND EVERYONE JUST KIND OF LAUGHED. BUT THEN IT WAS LIKE FIVE MINUTES LATER, HE WAS LIKE, OKAY, I'M GOING TO TELL YOU. AND HE MADE A JOKE ABOUT ME DATING YOUNGER MEN AND I'M LIKE, AND I'M SITTING THERE AT THAT TIME THINKING HE'S FOUR YEARS YOUNGER SO WHY IS HE SINGLING ME OUT LIKE THIS, WHY IS THIS ABOUT ME, WHAT IS THE BIG DEAL ABOUT THIS, YOU KNOW? AND I JUST KIND OF LIKE THOUGHT TO MYSELF, WHAT THE HECK WAS THAT ABOUT. AND OF COURSE, I'M NOT GOING TO SAY ANYTHING TO HIM, HE'S MY CHIEF, YOU KNOW? BUT THAT JUST BOTHERED ME, WHY HE WOULD, I COULD SEE IF IT WAS LIKE A JOKE, BUT IT WASN'T A JOKE. IT WAS A COMMENT ABOUT ME AND MY, WHO I DATE, YOU KNOW, AND I JUST FELT THAT WAS INAPPROPRIATE, ESPECIALLY IN FRONT OF THOSE OTHER PEOPLE, COMING FROM HIM.

YOUNG: CAN YOU REMEMBER SPECIFICALLY WHAT EXACTLY IT IS HE SAID?

9 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: NO. I JUST KNOW IT WAS ABOUT ME DATING YOUNGER MEN. I, IF YOU TELL ME A JOKE, I SERIOUSLY COULD NOT REPEAT IT FIVE MINUTES LATER. I CANNOT TELL YOU ANY JOKES AT ALL. SO UHM, AND BUT TO ME IT WASN'T REALLY A JOKE, BUT I GUESS HE THOUGHT IT WAS FUNNY.

YOUNG: WERE YOU DATING ANYBODY YOUNGER AT THE TIME?

BARBER: YEAH.

YOUNG: OKAY.

BARBER: FOUR YEARS, I MEAN, THAT'S NOT A LOT, BUT

YOUNG: ARE YOU, DID HE KNOW THAT YOU WERE DATING SOMEBODY YOUNGER?

BARBER: I DON'T KNOW WHAT HE KNOWS.

YOUNG: HAS HE BEEN INVOLVED WITH YOU OUTSIDE OF WORK TO HA VE KNOWLEDGE THAT YOU WERE DATING SOMEBODY YOUNGER?

BARBER: NO.

YOUNG: HOW DO YOU THINK HE WOULD'VE KNOWN?

BARBER: I HAVE NO IDEA. THAT'S ONE OF THOSE YOU HAVE TO ASK HIM QUESTIONS.

YOUNG: SO OTHER THAN LEE AND MAYBE NEWTON AND MILLER, CAN YOU THINK OF ANYBODY ELSE WHO WOULD'VE BEEN IN THERE TO HEAR IT?

BARBER: NO. BECAUSE I DON'T REALLY THINK THERE WAS ANYONE IN THERE FROM THE SHERIFF'S OFFICE SIDE. IF SO, IT MIGHT'VE BEEN ONE PERSON, BUT I DON'T THINK THERE WAS.

PITTMAN: DID, DID YOU TELL ANYBODY AT THE TIME THAT HE MADE THOSE STATEMENTS, THAT YOU

BARBER: NO. BECAUSE THEY ALL THOUGHT IT WAS FUNNY.

PITTMAN: NO. I MEAN ANYBODY ELSE THAT WASN'T IN THE ROOM

BARBER: OH UHM

10 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

PITTMAN: THAT WE COULD TALK TO

BARBER: THAT WASN'T IN THE ROOM, I,

PITTMAN: AFTER, AFTER YOU LEFT.

BARBER: I MEAN THAT'S A COUPLE OF YEARS AGO.

PITTMAN: YEAH, I KNOW.

BARBER: SO YEAH, I HA VE TOLD PEOPLE THAT BEFORE. I'VE TOLD MY FRIENDS MELONY, UHM NICOLE, AND I MIGHT'VE SAID IT IN FRONT OF YOU TOO MINDY, I DON'T KNOW. BUT

YOUNG: SO YOU DID TELL MELONY?

BARBER: NICOLE. I, I'VE BROUGHT IT UP TO SEVERAL PEOPLE.

YOUNG: OKAY.

BARBER: BUT THOSE ARE THE ONES I TALK TO

PITTMAN: ALL THE TIME

BARBER: MORE ABOUT THAT KIND OF STUFF.

PITTMAN: YOU'RE, YOU'RE CLOSER FRIENDS WITH THEM.

BARBER: RIGHT, YES, YES.

PITTMAN: OKAY.

YOUNG: WHAT, DID ANYBODY COMMENT ABOUT THE JOKE WHEN HE SAID IT?

BARBER: I DON'T THINK SO. EVERYONE JUST KIND OF LAUGHED AND

YOUNG: SO THAT WAS THEIR RESPONSE, WAS LAUGHTER?

BARBER: MMM .. HMM.

YOUNG: DID ANYBODY MENTION TO YOU THAT THEY FELT IT WAS INAPPROPRIATE, OFFENDED?

11 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: I DON'T REMEMBER. LIKE I SAID, THAT WAS A COUPLE OF YEARS AGO, I MEAN

YOUNG: DO YOU RECALL WHAT MELONY OR NICOLE SAID ABOUT THE COMMENT?

BARBER: NO.

YOUNG: DID YOU ASK HIM OR TELL HIM TO STOP OR THAT YOU FELT THE COMMENT WAS INAPPROPRIATE?

BARBER: HECK NO. I DIDN'T WANT TO BE IN ANY TROUBLE.

YOUNG: SO THAT'S MY NEXT THING, WAS WHY DID YOU NOT TELL HIM (INAUDIBLE)?

BARBER: YEAH, THERE'S NOWAY I WOULD SAY ANYTHING LIKE THAT TO HIM.

YOUNG: WHY?

BARBER: BECAUSE I DON'T WANT TO BE IN HIS RADAR, FOR SOMETHING LIKE THAT.

YOUNG: SO YOU NEVER TOLD HIM IT WAS UNWELCOME OR OFFENSIVE AND THAT YOU WERE OFFENDED BY IT BECAUSE

BARBER: NO.

YOUNG: HE WAS YOUR CHIEF AND YOU DIDN'T COMMENT.

BARBER: I, I DON'T THINK ANYONE IN THAT ROOM WOULD HA VE.

YOUNG: DID HE MAKE ANY OTHER COMMENTS THAT DAY?

BARBER: NO.

YOUNG: DID ANYBODY ELSE SAY ANYTHING TO HIM IN FRONT OF YOU ABOUT THE COMMENT?

BARBER: NOT THAT I REMEMBER. LIKE I SAID, I THINK EVERYONE JUST, WE JUST WENT ON, THEY LAUGHED, WE, WE WENT ON WHATEVER WE WERE TALKING ABOUT BECAUSE

YOUNG: DO YOU KNOW IF ANYBODY

12 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: I'M SURE THEY DIDN'T WANT TO DWELL ON IT.

YOUNG: ARE YOU A WARE IF ANY OF THEM FILED A COMPLAINT OR MADE A COMPLAINT?

BARBER: I DON'T.

YOUNG: DO YOU FEEL LIKE ANY OF THE OTHER PEOPLE IN THERE WERE OFFENDED BY THE COMMENT?

BARBER: THEY MIGHT'VE THOUGHT IT WAS INAPPROPRIATE. I DON'T KNOW ABOUT IT BEING OFFENDED. THEY'RE MALES, IT DIDN'T AFFECT THEM SPECIFICALLY. NONE OF THEM WERE WOMEN IN THERE.

YOUNG: ALRIGHT. DO YOU HAVE FIRSTHAND KNOWLEDGE OF THE LONG HISTORY OF RETALIATION, BECAUSE YOU HAD MENTIONED IN THERE THAT WAS KIND OF ONE OF THE REASONS YOU DIDN'T SAY ANYTHING

BARBER: MMM .. HMM.

YOUNG: WAS BECAUSE OF THE LONG HISTORY OF RETALIATION. CAN YOU EXPOUND UPON THAT?

BARBER: NO. YOU WOULD HA VE TO TOTALLY LOOK BACK AT THE HISTORY OF EVERYTHING. I MEAN, I DON'T KNOW WHERE WE'RE AT IN THIS LETTER

YOUNG: WE ARE AT THE P.B.A. NEGOTIATION PART STILL. THAT'S (INAUDIBLE) ACTUALLY I HA VE THEM BROKEN OUT INTO PARAGRAPH NUMBERS IF THAT HELPS YOU, SO THAT'S ON PARAGRAPH FIVE FOR ME.

BARBER: (INAUDIBLE) OKAY. I DON'T HA VE A (INAUDIBLE). UHM, AND YOU KNOW I, A LONG TIME AGO, THE BEGINNING OF MY CAREER, I DID COMPLAIN ON SOMEBODY AND THEY LITERALLY UHM SUSPENDED HIM FOR A WEEK AND THEN LET HIM WORK SIDE JOBS EVERYDAY. IT WAS FOUR WOMEN COMPLAINING. SO THAT KIND OF STARTED THE WHOLE THING FOR ME, ANYTIME A FEMALE HAS COMPLAINED ABOUT SOMETHING LIKE THAT, I'VE HEARD THAT OTHER PEOPLE HA VE COMPLAINED ABOUT THINGS UHM, MEN AND WOMEN, AND UHM IT'S SENT TO H.R. AND H.R. NEVER HAS ANY FINDINGS OR NO, HAS NOT DONE ANYTHING. THAT IS JUST PRETTY MUCH RUMOR, BUT UHM, I HEARD THAT THAT HAPPENED WITH THE INCIDENT.

13 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: SO WHEN YOU SAID YEARS AGO YOU FILED A COMPLAINT

BARBER: THIS IS

YOUNG: WAS THAT UNDER SHERIFF MORGAN?

BARBER: IT WAS NOT UNDER MORGAN. IT WAS A LONG TIME AGO. OH JEEZ

YOUNG: WHAT SHERIFF WAS IT UNDER, DO YOU REMEMBER?

BARBER: UHM

PITTMAN: LOWMAN OR CHARLIE?

BARBER: LOWMAN. IT WAS LOWMAN, YEAH.

PITTMAN: YOU WERE HERE UNDER JOHNSON TOO WEREN'T YOU, WHEN YOU FIRST GOT EMPLOYED?

BARBER: YEAH.

YOUNG: AND YOU SAID THE OFFICER WAS SUSPENDED?

BARBER: YEAH, FOR A WEEK. BUT BACK THEN, THEY LET 'EM WORK SIDE JOBS, SO HE DIDN'T LOSE ANY MONEY. I THINK THEY LET 'EM EVEN JUST BURN LEA VE, I'M NOT SURE. SO, I WAS, THERE WAS FOUR PEOPLE THAT COMPLAINED, SO THAT SHOULD KIND OF

YOUNG: (INAUDIBLE) HAPPENING (INAUDIBLE)

BARBER: I DON'T EVEN THINK HE WORKED HERE THEN, NO, SO, BUT

PITTMAN: NO. HE WASN'T EMPLOYED (INAUDIBLE).

BARBER: I'M JUST SAYING THAT THAT JUST KIND OF SET THE TONE IN THE BEGINNING OF MY CAREER YOU KNOW AND

YOUNG: SO, AND I KNOW I ALREADY ASKED, BUT JUST TO CLARIFY, YOU'RE NOT AWARE THAT ANYBODY REPORTED THIS COMMENT TO ANYBODY IN INTERNAL AFFAIRS, H.R.

BARBER: OH, I DOUBT IT.

YOUNG: THE ADMINISTRATIVE COMMANDER OR ANY SUPERVISOR

14 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I DOUBT IT.

YOUNG: REGARDING THE COMMENT?

BARBER: I DOUBT IT.

YOUNG: OKAY. TELL ME HOW YOU FEEL AND HOW THAT COMMENT FELT, MADE YOU FEEL THAT YOU WERE BEING DISCRIMINATED AGAINST BY HIM.

BARBER: WELL, LIKE I SAID, I THINK IT WAS MORE INAPPROPRIATE BECAUSE I'M BEING SINGLED OUT, I'M THE ONLY FEMALE IN THERE, IT'S BAD ENOUGH, YOU KNOW, UHM, AND THEN HE MAKES A COMMENT LIKE THAT, WHICH NUMBER ONE IS NONE OF HIS BUSINESS, NUMBER TWO, HAD NOTHING TO DO WITH WHAT WE WERE THERE FOR. SO DO I THINK, FEEL LIKE I, I'M SINGLED OUT WHEN I'M IN FRONT OF HIM, YES, ESPECIALLY THAT DAY. SO

YOUNG: (INAUDIBLE)

BARBER: AND THESE ARE NOT JUST COWORKERS, BUT THEY'RE FRIENDS ALSO. YOU KNOW I'VE KNOWN THEM FOR ALMOST MY ENTIRE CAREER, LEE AND UH NEWTON FOR THEIR ENTIRE CAREER. (INAUDIBLE) SAY I'VE BEEN HERE LONGER THAN THEM SO

YOUNG: DO YOU KNOW WHETHER IT WAS BEING RECORDED?

BARBER: I DON'T THINK SO, BECAUSE I THINK WE WERE COMING BACK FROM A BREAK OR SOMETHING. AND, AND I SAY AT NEGOTIATIONS, I THINK IT WAS MORE LIKE OPENERS, YOU KNOW WE DON'T, WE, WE PRETTY MUCH MEET EVERY YEAR, SO THAT'S WHAT I MEAN.

YOUNG: RIGHT, RIGHT.

BARBER: SO WE JUST CALL IT NEGOTIATIONS EVERY YEAR.

YOUNG: ALRIGHT. SO NOW WE'LL MOVE ON TO THE NEXT PARAGRAPH, WHICH IS PARA GRAPH SIX. UHM, YOU SAID THAT IT RECENTLY CAME TO YOUR ATTENTION INFORMATION CONCERNING THE PROMOTIONAL PROCESS. THIS IS WHERE WE'LL KIND OF COME IN AND ZERO IN

BARBER: RIGHT.

15 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: ON WHY YOU, NOW I KNOW YOU CALLED MONTOYA. UHM, MY QUESTION IS HOW DID IT COME TO YOUR ATTENTION?

BARBER: SHE TOLD ME ABOUT IT. AND, WELL LIKE I SAID, I HAD HEARD RUMORS IN THE PAST, BUT THEN SHE TOLD ME THAT SHE HAD THAT CONVERSATION WITH HIM.

YOUNG: ALRIGHT. DID SHE TELL YOU WHEN THOSE COMMENTS WERE MADE?

BARBER: I, I DON'T KNOW IF SHE DID, I, I DON'T HA VE MY NOTES.

PITTMAN: IS THAT SOMETHING YOU CAN PROVIDE AT A LATER TIME TO THE COLONEL?

BARBER: PROBABLY, I MEAN IT WAS WHEN, IT WAS, I BELIEVE, BECAUSE WHEN IT WAS MY TIME WAS UP, WAS LIKE AROUND THE BEGINNING OF THE YEAR THAT THE LIST EXPIRED I WANT TO SAY, SO

YOUNG: DID MONTOYA TELL YOU WHO ELSE WAS PRESENT IN THE MEETING THAT DAY?

BARBER: I DON'T KNOW. I THINK, I THINK LEE WESTON WAS ONE OF THEM. I DON'T, LIKE I SAID, I DON'T HA VE MY NOTES, SO, AND I DIDN'T ASK HER A BUNCH OF QUESTIONS. I WAS JUST WRITING DOWN WHAT SHE WAS TELLING ME.

YOUNG: DID SHE SAY THAT THIS WAS A DISCUSSION AS IN A RUMOR DISCUSSION, OR WAS IT A DISCUSSION AMONGST STAFF ON THE QUALIFICATIONS OF PEOPLE ON THE LIST?

BARBER: I DIDN'T ASK HER. BUT I MEAN, I MET THE QUALIFICATIONS. I WAS ON THE LIST.

YOUNG: WELL I GUESS PROBABLY MORE SPECIFICALLY, IF THERE WAS DISCUSSION OVER DISCIPLINE OR THINGS LIKE THAT THAT WOULD PREVENT SOMEONE FROM BEING PROMOTED.

BARBER: NOT THAT I KNOW OF.

YOUNG: SO SHE DIDN'T CLARIFY WHAT TYPE OF DISCUSSION THAT IT WAS?

BARBER: NO.

16 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: ALRIGHT. DID SHE HAPPEN TO MENTION WHY HE SAID YOU SHOULDN'T HAVE MADE IT THROUGH YOUR PROBATIONARY STATUS AS A SERGEANT?

BARBER: I MEAN, YOU WOULD HAVE TO ASK HER. I, I DIDN'T ASK HER. WHAT I PUT DOWN IS WHAT SHE TOLD ME. I DIDN'T ASK HER A BUNCH OF QUESTIONS.

YOUNG: OKAY. DO YOU KNOW WHETHER IT CAME UP IN COURT?

BARBER: I DON'T KNOW.

YOUNG: OKAY.

BARBER: NOW I DON'T THINK THE COURT CASE IS DONE, OR I KNOW IT'S NOT DONE.

YOUNG: OH, OKAY. OKAY. UH, DO YOU FEEL LIKE LEADERSHIP SHOULD DISCUSS AND ASK QUESTIONS ABOUT THE QUALIFICATIONS OF SOMEONE BEFORE THEY PROMOTE AND MOVE UP?

YOUNG: HOW DID YOU HEAR THAT THERE WAS AN OPENING AVAILABLE FOR THE POSITION?

BARBER: SHE TOLD ME THAT, TYREE TOLD ME THAT BACK THEN. I THINK NEWTON EVEN TOLD ME THAT BACK THEN.

PITTMAN: UH WHEN YOU SAID SHE TOLD YOU THAT, WHO DID YOU

BARBER: UH MONTOYA.

PITTMAN: OKAY. ANYBODY IN ADMINISTRATION THAT HAS DIRECT ACCESS TO HOW MANY OPENINGS THERE ARE, TELL YOU ANYTHING LIKE THAT?

BARBER: NOT THAT I KNOW OF, THAT'S WHY I SAID I DIDN'T HAVE PROOF.

17 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

PITTMAN: OKAY. OKAY.

BARBER: OR I WOULD'VE FILED A COMPLAINT BACK THEN, BUT I DIDN'T HA VE ANY PROOF SO I, AND I JUST YOU KNOW I'M, I DON'T KNOW HOW TO SAY IT BUT, KNOWING THAT JUST MAKES ME WANT TO TRY HARDER AND I'LL JUST BE BACK ON IT AND I SAID I DON'T REALLY CARE, I'LL BE BACK ON THE LIST AND HE'LL HAVE TO SEE MY NAME AT THE TOP OF THE LIST EVERY TIME I TAKE THE TEST.

PITTMAN: RIGHT.

BARBER: THAT WAS MY RESPONSE.

BARBER: I DON'T KNOW.

YOUNG: YOU DON'T HAVE ANY IDEA?

BARBER: NO.

YOUNG: MONTOYA DIDN'T SHARE THAT?

BARBER: I WASN'T THERE, I DIDN'T ASK HER. I JUST, LIKE I SAID I TOOK NOTES ON WHAT SHE TOLD ME AND THAT'S WHAT I PUT IN THERE.

PITTMAN: AND THIS IS MORE INFORMATION THAT UH FORMER, MON, UH

BARBER: MONTOYA WOULD HAVE TO GIVE YOU.

PITTMAN: LIEUTENANT MONTOYA PROVIDED, OKAY.

BARBER: OR IT'S IN, IT MIGHT BE IN LIKE, I DON'T KNOW IF SHE'S HAD A DEPOSITION OR NOT, BUT IT WOULD BE IN THAT KIND OF STUFF.

PITTMAN: OH, OKAY.

BARBER: I'M SURE SHE'S PROBABLY GIVEN A STATEMENT IN COURT.

YOUNG: DO YOU REMEMBER WHO WAS ON THAT LIST FOR THE PROMOTIONS?

18 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: MMM, WHOEVER GOT PROMOTED RIGHT UNDER YOU. YOU, UHM, AND I DON'T REMEMBER. I HAVE THAT LIST SOMEWHERE, BUT I DON'T HA VE ANYTHING WITH ME.

YOUNG: RIGHT. YOU MENTIONED THAT THERE WAS FIVE ON THE LIST.

BARBER: IT WAS YOU AND ME, AND THREE MALES. IF YOU HA VE THE LIST, WE COULD PROBABLY LOOK AND SEE BUT (INAUDIBLE)

YOUNG: AND HOW MANY PROMOTIONS WERE MADE OFF THAT ONE?

BARBER: FOUR.

YOUNG: OKAY. OBVIOUSLY I WAS ONE OF THOSE.

BARBER: MMM .. HMM.

YOUNG: OKAY.

BARBER: YEAH, YOU WERE LIKE ONE OR TWO, I CAN'T REMEMBER WHERE YOU PLACED ON THERE. IT'S TOO LONG AGO.

YOUNG: YES.

BARBER: TOO MANY TESTS AGO IS MORE LIKE IT.

YOUNG: HAD YOU RECEIVED ANY DISCIPLINE AS A SERGEANT?

BARBER: I THINK I GOT ONE COUNSELING OR SOMETHING.

YOUNG: DO YOU RECALL WHAT (INAUDIBLE)

BARBER: AND I MIGHT'VE HAD A WRECK, I DON'T, I THINK I HAD A WRECK WHEN I FIRST GOT MY, FIRST GOT MY CAR. UHM, YEAH, LIKE THE FIRST WEEK. UHM, AND THEN I HAD LIKE A COUNSELING OR SOMETHING. THAT'S ALL I CAN REMEMBER.

YOUNG: DO YOU KNOW WHAT IT WAS FOR?

BARBER: IT WAS FROM ME WORKING IN I.A. YOU CAN PULL THAT UP AND READ IT.

YOUNG: OKAY. SO ARE YOU SAYING THAT YOU WERE DISCRIMINATED AGAINST IN THE PROMOTIONAL PROCESS?

19 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I FEEL LIKE THERE WAS DISCRIMINATION. I CAN'T THINK OF ANY, ANYTHING ELSE THAT WOULD'VE KEPT ME FROM BEING PROMOTED.

PITTMAN: SO, GENDER DISCRIMINATION, THAT WOULD BE THE PROPER PHRASE? IT'S BECAUSE YOU'RE A WOMEN, BASICALLY?

BARBER: I FEEL LIKE IT.

PITTMAN: OKAY.

BARBER: I THINK HE, I DON'T KNOW. I, I JUST FEEL LIKE HE JUDGES ME HARDER. EVERYTHING I SAY, IS TAKEN OUT OF CONTEXT WITH HIM. SO, SOMEONE ELSE COULD SAY THE EXACT SAME THING SITTING NEXT TO ME AND HE WOULDN'T HA VE A PROBLEM WITH IT. BUT IF I SAID IT, HE WOULD HA VE A PROBLEM WITH IT.

YOUNG: IS THAT SOMEONE AS BEING A MALE OR

BARBER: YEAH, A MALE.

YOUNG: IS IT BEING A FEMALE

BARBER: A MALE.

YOUNG: OKAY. AND, AND I GUESS IT'S JUST WHAT WE'RE TRYING TO CLARIFY WHAT TYPE OF DISCRIMINATION ARE YOU TRULY SA YING. BECAUSE THERE'S OBVIOUSLY A MULTITUDE OF DIFFERENT LEVELS.

BARBER: YEAH, AND I MEAN, YES, I DO FEEL LIKE THERE'S GENDER DISCRIMINATION GOING ON AT THE SHERIFF'S OFFICE. I ALSO FEEL LIKE HE HAS PERSONAL THING WITH ME.

YOUNG: BECAUSE THIS IS ABOUT YOU, SO

BARBER: YES.

YOUNG: NOT ABOUT ANYBODY ELSE, BUT AGAINST YOU. YOU FEEL LIKE HE'S BEING GENDER BIASED.

BARBER: RIGHT. BUT YOU ALSO HA VE TO LOOK AT

YOUNG: CORRECT.

BARBER: STATS FOR EVERYONE.

20 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: AND, AND OBVIOUSLY WE WILL. UHM, I MEAN IT'S PART OF THE PROCESS.

BARBER: THE BIG UNDERTAKING, BUT

YOUNG: CORRECT. BUT WE HA VE TO START FROM SOMEWHERE.

BARBER: RIGHT. MMM .. HMM.

YOUNG: WITH THE FACTS FROM YOU. UHM, DO YOU REMEMBER WHEN YOU WERE REPORTED

BARBER: REPORTED?

YOUNG: I'M SORRY, WHEN YOU, WHEN YOU UHM GOT PROMOTED?

BARBER: GOODNESS NO, IT WAS IN APRIL. EVERY TIME IT'S IN APRIL. UH

YOUNG: APRIL.

BARBER: SEVERAL, YOU MEAN TO LIEUTENANT? SERGEANT? WHAT?

YOUNG: SERGEANT.

BARBER: LIEUTENANT? OH SERGEANT, OH GOSH NO. I, I DON'T KNOW.

YOUNG: AND SO IN THAT TIME FRAME YOU NEVER REPORTED ANY GENDER BIASED DISCRIMINATION TO ANYBODY AS TO, THAT WAS WHY YOU WEREN'T PROMOTED.

BARBER: NO I, I, LIKE I SAID, I DIDN'T KNOW. I JUST HEARD, HAD HEARD SOME RUMORS. SO I HAD

PITTMAN: I'VE GOT ANOTHER QUESTION. WHEN YOU WERE, HOW MANY TIMES DID YOU TAKE THE SERGEANT'S TEST BEFORE YOU WERE PROMOTED TO SERGEANT?

BARBER: OH, LOTS BECAUSE I STARTED WHEN I WAS, REALLY EARLY ON.

PITTMAN: OKAY.

BARBER: SO, UHM

PITTMAN: SO MORE THAN, OR

21 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: YES, I

PITTMAN: YOU WEREN'T PROMOTED OFF THE FIRST SERGEANT'S LIST.

BARBER: NO, I SCORED REALLY WELL ON EACH ONE, BUT THEY HAD DIFFERENT PROMOTIONAL UHM

PITTMAN: CRITERIA.

BARBER: YES. ONE WAS YOU JUST PASS WITH SEVENTY PERCENT OR ABOVE. I WAS THE HIGHEST SCORING PERSON THAT TOOK IT THAT WASN'T A SERGEANT ALREADY, AND I DIDN'T MAKE IT.

PITTMAN: OKAY.

BARBER: SO

YOUNG: WAS THAT UNDER SHERIFF MORGAN?

BARBER: I THINK THAT WAS MCNESBY. YEAH. I MEAN, WE'VE HAD SO MANY DIFFERENT PROMOTIONAL PROCESSES SINCE I WAS

PITTMAN: HOW MANY TIMES UNDER SHERIFF MORGAN DID YOU TAKE THE TEST BEFORE YOU WERE PROMOTED?

BARBER: MORGAN?

PITTMAN: YEAH

BARBER: UHM

PITTMAN: HE COME IN, WHAT YEAR?

BARBER: I, THAT I DON'T KNOW, YOU'D HAVE TO LOOK.

YOUNG: (INAUDIBLE)

BARBER: I TOOK IT EVERY TIME I QUALIFIED.

PITTMAN: OKAY.

BARBER: EIGHT MAYBE.

PITTMAN: OKAY. SO YOU GOT PROMOTED TO SERGEANT IN TWO THOUSAND THIRTEEN, TWELVE?

22 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I DON'T KNOW.

YOUNG: THAT, THAT'S LIEUTENANT.

BARBER: OH WAIT, IS IT IN HERE? IT MIGHT BE IN HERE SOMEWHERE, I DON'T KNOW. UH

YOUNG: SO SOME OF THE OCCURRENCES THAT YOU'RE REFERRING TO OF TAKING THE TEST AND ALL, WERE UNDER MCNESBY. IS THAT CORRECT, WHERE YOU SAID YOU JUST HAD TO SCORE SEVENTY PERCENT OR ABOVE

BARBER: OH YEAH, THOSE WERE DIFFERENT PROMOTIONAL PROCESSES. ONCE MORGAN CAME IN, EVENTUALLY WE CHANGED PROMOTIONAL PROCESS.

YOUNG: RIGHT.

BARBER: BUT BACK THEN IT WAS BUNCH OF CRAZY DIFFERENT THINGS, EVERY TIME WE TOOK IT. IT'S REMAINED MORE STEADY NOW.

YOUNG: SO UNDER MCNESBY, DID CHIEF HAINES HAVE ANY INVOLVEMENT IN THAT PROMOTIONAL PROCESS?

BARBER: HE WAS TAKING THE TEST TOO.

YOUNG: OKAY.

BARBER: YEAH, HE WASN'T A SUPERVISOR YET

YOUNG: SO HE WASN'T INVOLVED.

BARBER: NO.

YOUNG: OKAY. AND, AND THAT WAS KIND OF MY REASON FOR ASKING WHETHER THERE WAS DISCUSSION OVER QUALIFICATIONS BECAUSE I KNOW PROMOTIONAL PROCESSES HA VE BEEN CHANGED OVER THE YEARS

BARBER: A LOT, YEAH.

YOUNG: UHM, SO JUST TRYING TO DECIPHER WHETHER THAT DISCUSSION IN THE STAFF MEETING WAS ALONG THOSE GUIDELINES. UHM

23 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: I JUST CAN'T TELL YOU, BECAUSE I WASN'T (INAUDIBLE)

YOUNG: WHEN YOU GOT PROMOTED TO SERGEANT, WAS THAT UNDER SHERIFF MORGAN?

BARBER: YES, I BELIEVE SO. YES.

YOUNG: AND HOW MANY TIMES HAD YOU TAKEN THE TEST UNDER HIM TO GET PROMOTED?

BARBER: I DON'T KNOW. YEAH, BECAUSE ME AND MARK BROWN GOT CALLED INTO HIS OFFICE AT THE SAME TIME, AND I, THAT MIGHT'VE BEEN THE FIRST TIME I TOOK IT UNDER HIM. I'M NOT POSITIVE.

YOUNG: OKAY. BUT IT DOESN'T SEEM LIKE YOU TOOK IT MULTIPLE TIMES.

BARBER: IF I TOOK IT MULTIPLE TIMES UNDER HIM, IT WAS TWICE AT THE MOST FOR SERGEANT. BUT I, I WANT TO SAY MAYBE IT WAS ONE TIME BECAUSE THEY CHANGED THE PROCESS, BUT I, I MEAN, I DON'T KNOW, YOU'D HAVE TO LOOK BACK AT, I'M, I'M SURE H.R. KEEPS ALL THOSE RECORDS.

YOUNG: OKAY. AND THEN YOU GOT, YOU TOOK THE LIEUTENANT'S TEST AND EVENTUALLY GOT PROMOTED

BARBER: RIGHT.

YOUNG: DO YOU RECALL THE DATE OF WHEN YOU GOT PROMOTED TO LIEUTENANT?

BARBER: IT WAS APRIL, AGAIN, BUT ON MY BIRTHDAY, BUT I COULD LOOK ON F ACEBOOK, SEVERAL YEARS AGO, THREE, FOUR YEARS AGO. I DON'T KNOW.

YOUNG: OKAY.

BARBER: AND, LET'S SEE, LIKE I SAID, I MIGHT'VE PUT THAT DATE, THE DATES IN HERE SOMEWHERE, BUT I HAVE NO IDEA.

YOUNG: YEAH, I DIDN'T SEE 'EM. SO WE'LL MOVE TO PARAGRAPH SEVEN

BARBER: WHICH IS THAT ONE?

YOUNG: YES. UNLESS THERE'S ANYTHING FROM THE PROMOTIONAL PROCESS YOU WANT TO

24 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: NO.

YOUNG: KIND OF CLARIFY (INAUDIBLE) OKAY. IN PARAGRAPH SEVEN, YOU REFERENCE THAT CHIEF HAINES WAS MAKING COMMENTS ABOUT YOU. WHO DID HE MAKE THESE COMMENTS TO?

BARBER: OH HE'S MADE THOSE COMMENTS TO GREER.

YOUNG: OKAY.

YOUNG: DO YOU KNOW WHEN HE MADE THESE COMMENTS TO TOM?

BARBER: UHM, THAT WOULD'VE BEEN, (INAUDIBLE) WOULD'VE BEEN LAST YEAR.

YOUNG: HAS HE MADE COMMENTS LIKE THIS TOWARDS YOU IN FRONT OF ANYBODY ELSE?

BARBER: I THINK IT'S MAINLY BEEN HIM. I DON'T, I MEAN, I DON'T KNOW. BUT LET'S SEE, I'LL HAVE TO THINK, TOO MUCH HAS HAPPENED. UHM, I DON'T KNOW BECAUSE I'VE HEARD THESE COMMENTS FROM OTHER PEOPLE AND I DON'T KNOW WHERE THEY GOT THEM FROM, SO I WOULD ONLY, SINCE I KNOW HE HAS MADE THOSE COMMENTS, AND I HEAR THROUGH RUMORS THAT HE GOSSIPS ABOUT PEOPLE ALL THE TIME TOO. SO UHM

YOUNG: CAN YOU TELL ME WHO THOSE PEOPLE ARE?

BARBER: I DON'T KNOW. BUT

YOUNG: NO. THE PEOPLE THAT ARE TELLING YOU

BARBER: OH

YOUNG: THAT THEY HA VE HEARD THIS.

BARBER: I THINK MELONY HAS HEARD THINGS THAT HE SAID ABOUT THE STATS BEING TOO LOW, UHM NEWTON, JUST ALL THOSE, WELL

25 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

THESE ARE LIKE THE PEOPLE I TALK TO SO THESE PEOPLE TELL ME THESE THINGS, YOU KNOW? UHM, SO PROBABLY LEE, I DON'T KNOW FOR SURE. YOU'D HAVE TO ASK HIM. BUT I KNOW LEE TALKS TO HIM A LOT BECAUSE HE HAS TO, YOU KNOW, IT'S A LOT OF P.B.A. STUFF. UHM, GREER HAS SAID THAT HE, I ALREADY MENTIONED GREER, BUT HE SAID THOSE THINGS. UHM BAIN, THAT'S ALL I CAN THINK OF RIGHT NOW.

PITTMAN: OH I GOT ANOTHER QUESTION. UHM, NOW AT ANY TIME IN OUR DISCUSSION AND THE COLONEL'S GONNA HA VE A LOT MORE DISCUSSION WITH YOU AS WE GO THROUGH THIS, DID YOU EVER HEAR THE CHIEF UH SAY ANYTHING ABOUT OTHER, ANY OTHER FEMALE EMPLOYEE ALONG THE LINES AS WHAT YOU'RE CLAIMING THAT HE'S SAID ABOUT YOU? DIRECT KNOWLEDGE, DIRECT KNOWLEDGE.

BARBER: NO. I DON'T TALK TO THE CHIEF LIKE THESE OTHER PEOPLE DO.

PITTMAN: OKAY.

BARBER: I DON'T REALLY HA VE THE NEED TO GO TO HIS OFFICE ALL THE TIME FOR THINGS, I MEAN. IT'S USUALLY YOU KNOW THINGS GO UP AND DOWN THE CHAIN, THAT'S WHAT IT'S GEARED FOR, THAT'S WHAT, WHY WE HA VE THE CHAIN, SO

PITTMAN: OKAY.

YOUNG: THAT IS VERY TRUE. VERY TRUE. UH, CAN YOU EXPLAIN HOW YOU FEEL THAT THESE COMMENTS ARE DEROGATORY LIKE YOU CARING TOO MUCH, MEANING KIND.

YOUNG: SO YOU FEEL MORE UPSET BECAUSE HE DOESN'T KNOW YOU AND YOU DON'T FEEL LIKE HE SHOULD BE MAKING THESE COMMENTS?

BARBER: RIGHT. THOSE ARE LIKE TO ME

26 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: (INAUDIBLE) THEY'RE NOT

BARBER: THOSE ARE PERSONAL TYPE THINGS TO SAY. I DON'T UNDERSTAND WHY THE CHIEF rs DISCUSSING ME IN A PERSONAL WA y IN FRONT OF OTHER PEOPLE.

YOUNG: UH, YOU MENTIONED IN THAT PARAGRAPH THAT HE RELAYED THAT YOUR STATS WERE LOW ON THE SHIFT

BARBER: ON THE SHIFT, YES.

YOUNG: WHO TOLD YOU THAT HE SAID THAT?

BARBER: UH, BAIN AND PROBABLY GREER TOO, BECAUSE THOSE ARE MY, THAT WAS MY CHAIN WHEN BAIN WAS HERE.

YOUNG: DO YOU HA VE ANY KNOWLEDGE OF HIM REFERRING TO THE LOW STATS WHEN LIEUTENANT, NOW CAPTAIN HALL, BUT LIEUTENANT DIXON WAS ON THAT SHIFT?

BARBER: NO. BUT I KNOW BAIN TOLD ME THAT HE TOLD HAINES, CHIEF HAINES THAT, THAT THEY WERE LOW UNDER THE OTHER LIEUTENANTS ALSO. YOU KNOW IT'S, IT WAS THE SHIFT, AND IT'S DIFFERENT THINGS. I MEAN NORTH AND SOUTH IS GONNA BE DIFFERENT. DAY SHIFT, EVENING, EVERY SHIFT IS GOING TO BE DIFFERENT.

YOUNG: RIGHT.

BARBER: YOU KNOW? AND IF YOU'RE SHORT OR NOT, MAKES A DIFFERENCE. I MEAN THERE'S A LOT OF THINGS THAT COME INTO PLAY THEN, AND THEY'RE LIKE THAT SHIFT HAS SHORT STATS WITH THE OTHER LIEUTENANTS TOO. ALLDAY WAS IN CHARGE OF THE SHIFT TOO, SO

YOUNG: DO YOU KNOW WHETHER, AND FOR IDENTIFICATION PURPOSES, LISA DIXON, NOW LISA HALL, WAS SPOKEN TO ABOUT THE STAT LEVEL?

BARBER: I HAVE NO IDEA.

YOUNG: DO YOU KNOW IF SCOTT ALLDAY WAS SPOKEN TO?

BARBER: I HAVE NO IDEA, THOSE

YOUNG: DID YOU RECEIVE ANY DISCIPLINE OR COUNSELING BECAUSE OF YOUR STATS?

27 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: NO. BAIN JUST KEPT SAYING THAT, I GUESS THEY WANTED TO TRANSFER ME, BUT I MEAN, LIKE I DON'T CARE WHERE I WORK AT THE AGENCY, YOU KNOW WHAT I'M SAYING. IT'S NOT LIKE I DON'T CARE, I JUST, I'LL BE HAPPY WHEREVER I WORK IF THAT MAKES ANY SENSE.

YOUNG: RIGHT.

BARBER: I WASN'T HAPPY IN I.A. BUT I'LL BE HAPPY ANYWHERE ELSE AT THIS AGENCY

YOUNG: EVERYWHERE BUT THERE.

BARBER: AND ANY SHIFT. I DON'T LIKE NOT LIKE MY JOB, IF THAT MAKES, YEAH.

YOUNG: DID YOU GET TRANSFERRED?

BARBER: NO. NNN .. NHN. ACTUALLY THEY HAD ASKED ME IF I WANTED TO CHANGE, BECAUSE I DID THINK ABOUT TRANSFERRING SHIFTS, BUT AT THE TIME IT WAS WORKING WELL, SO

YOUNG: WHO ASKED YOU IF YOU WANTED TO TRANSFER?

BARBER: GREER. BECAUSE THEY WERE GONNA HAVE SOME OPENINGS OR SOMETHING. HE KNEW I KIND OF WANTED AN EVENING SHIFT. SO

YOUNG: AND YOU DENIED THAT TRANSFER?

BARBER: YEAH.

YOUNG: BECAUSE YOU

BARBER: I MEAN I SAID, I MEAN IF, IF YOU SEND ME THERE, I'M COOL WITH IT OR IF YOU NEED ME TO GO, I'M COOL WITH IT. BUT, IF I HAVE A CHOICE I'LL STAY WHERE I'M AT. I MEAN

YOUNG: HOW LONG WERE YOU ON THAT SHIFT FOR?

BARBER: (INAUDIBLE) THAT'S WHERE I WENT AS A LIEUTENANT. I DON'T, HOWEVER LONG THAT'S BEEN.

YOUNG: SO YOU'VE BEEN THERE SINCE YOU'VE BEEN A LIEUTENANT?

28 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: YEAH.

YOUNG: DO YOU FEEL THAT CHIEF HAINES WAS BEING GENDER BIASED OR DISCRIMINATING AGAINST YOU BECAUSE OF THE LOW STATS ON YOUR SHIFT?

BARBER: NO.

YOUNG: DO YOU FEEL THAT HE WAS GENDER BIASED AGAINST YOU BECAUSE OF THE COMMENTS OF YOU BEING TOO KIND?

BARBER: UH, TO ME, I MEAN I CAN'T SEE THAT THAT HAS ANYTHING TO DO WITH SEXUAL (INAUDIBLE) OR WHATEVER, THAT HAS TO, I DON'T KNOW, IT'S JUST A PERSONAL THING TO ME. IT'S JUST INAPPROPRIATE. I DON'T KNOW HIS REASON FOR SAYING THOSE THINGS. I DON'T THINK HE SAYS THAT ABOUT MEN. SO POSSIBLY, I DON'T KNOW.

YOUNG: WELL THAT'S A GOOD POINT. HAVE YOU EVER HEARD HIM SAY THAT?

BARBER: NO.

YOUNG: HAS ANYBODY EVER MENTIONED TO YOU THAT HE'S SAID THAT ABOUT MEN?

BARBER: NO.

YOUNG: ARE YOU A WARE OF ANY COMMENTS THAT YOU WOULD FEEL WOULD BE GENDER BIASED OR INAPPROPRIATE THAT HE'S MADE REGARDING MEN?

BARBER: NO. LIKE I SAID, I DON'T HANG OUT WITH HIM, DON'T GO TO HIS OFFICE UNLESS I'M CALLED, SO TO ME THAT'S THE WAY I WAS RAISED AT THE AGENCY, IT'S NOT GOOD TO GO SEE THE CHIEF. SO

YOUNG: OKAY.

BARBER: I KNOW THE GENERATIONS HA VE CHANGED AND SOME DEMAND TO SEE HIM FOR NOTHING, BUT

YOUNG: YES, THEY HA VE.

BARBER: BUT I WASN'T RAISED THAT WAY. SO

29 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: CHAIN OF COMMAND, IS UH VIEWED DIFFERENTLY AMONG THE YOUNGER POPULATION FOR SURE. OKAY, UHM ARE YOU STILL GOOD?

BARBER: YEAH.

YOUNG: DO YOU NEED TO REFILL YOUR WATER?

BARBER: NOT YET. I'M DRINKING IT SLOWLY. I JUST WENT TO THE CHIROPRACTOR, SO MY

YOUNG: OKAY. SO WE'RE GOING TO MOVE ON TO PARAGRAPH EIGHT, UNLESS THERE'S ANYTHING THAT YOU WANT TO CLARIFY IN SEVEN. ALRIGHT, UHM PARAGRAPH EIGHT, I'VE GOT SOME QUESTIONS FROM THIS ONE. WHAT, WHO WAS THE SUPERVISOR THAT CHIEF HAINES TOLD YOU WERE A LIAR TO?

BARBER: GREER.

YOUNG: AND WHAT DID HE THINK THAT YOU WERE LYING ABOUT?

BARBER: ABOUT THIS FACEBOOK THING. HE, HE KEPT TELLING GREER, FROM WHAT GREER TOLD ME, GREER (INAUDIBLE), BUT UHM, THAT, GO TALK, BACK THERE AND TALK TO HER AGAIN. TALK TO HER AGAIN, SHE'S LYING TO YOU, SHE'S LYING TO YOU. I'M LIKE, I'M GOING TO TELL YOU THE SAME THING OVER AND OVER GREER, SO, SAID I'M NOT LYING.

YOUNG: NOW YOU MENTIONED IN THERE THAT YOU HAD PUNISHMENT SEVERAL TIMES. WHAT WERE THE PUNISHMENTS THAT YOU GOT?

BARBER: YEAH, HE GAVE ME THAT PROJECT THAT TOOK FOREVER.

YOUNG: WHICH WAS WHAT?

BARBER: THIS, UH, I HAD TO COMPLETE, I HAD TO SEARCH THROUGH ALL THESE EMAILS WHICH ENDED UP, FIRST I GOT ONE, I HAD TO LT., I HAD TO H.R., HAD TO GET ALL THESE STATS FOR THINGS AND THEN I HAD TO DO THAT, I HAD TO GO THROUGH THESE EMAILS, SO LT. SENDS ME A GROUP OF EMAILS AND IT WASN'T ENOUGH. THEN THEY SENT ME THE TWENTY-FIVE HUNDRED EMAILS, AND THEN I HAD TO GET ALL THIS INFORMATION, AND I DIDN'T EVEN GET IT RIGHT A WAY FROM H.R. IT TOOK LIKE THREE WEEKS, OR I DON'T EVEN KNOW. IT'S BEEN A WHILE. UHM IT TOOK A WHILE TO GET ALL THAT INFORMATION EVEN FOR ME TO GO THROUGH IT AND THEN UHM I

30 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

HAD TO MAKE A SPREADSHEET. WELL I'VE NEVER DONE A SPREADSHEET IN MY ENTIRE LIFE. I DON'T KNOW HOW TO DO THOSE THINGS.

YOUNG: REALLY?

BARBER: I'VE HAD ONE THAT I'VE, I CAN LIKE CHANGE STUFF ON, BUT I'VE NEVER CREATED ONE FROM THE BEGINNING.

YOUNG: LIKE A (INAUDIBLE)

BARBER: SO THEN I HAD TO GO TALK TO SOMEBODY TO GET THEM TO SHOW ME HOW TO DO THAT. YES, I, I'M, YOU KNOW. WE DIDN'T HAVE COMPUTERS WHEN I STARTED HERE, OKAY? SO I'VE NEVER HAD ANY OF THAT TRAINING, SO I WASN'T GOING TO TELL HIM, I DON'T KNOW HOW TO DO THIS BECAUSE HE TOLD ME TO DO IT. THAT'S

YOUNG: RIGHT.

YOUNG: WHAT, HANG ON ONE SECOND. LET ME STOP YOU AND JUST GO BACK FOR SECOND, I'M GOING TO STOP YOU AND JUST GO BACK FOR A SECOND. WHO MADE YOU COME IN ON YOUR DAYS OFF?

BARBER: UH, WELL BAIN DID. HE CALLED ME SCREAMING FOR FIVE MINUTES AND MADE ME COME IN TO FINISH IT.

YOUNG: SO WHAT DID HE SAY?

BARBER: BECAUSE HE SAID THE CHIEF WANTED IT DONE, UH I DON'T REMEMBER IF MAYBE HE SAID BY THE END OF THE WEEK, I, I DON'T KNOW. IT HAD TO BE DONE BY A CERTAIN TIME OR SOMETHING. SO

31 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

HE SAID I HAD TO COME IN AND DO IT. I DON'T KNOW IF HAINES TOLD HIM THAT OR NOT.

YOUNG: DID YOU PUT IT ON YOUR TIME SHEET?

BARBER: OH YEAH.

YOUNG: OKAY.

BARBER: UHM

YOUNG: WELL LET'S GO, LET ME, LET ME GO BACK AND FIRST START WITH, WHAT WAS THE FACEBOOK POST?

BARBER: I MEAN THERE'S, IT'S ALL IN MY FILES, MY, MY FILE SOMEWHERE. I, SOMEONE, UH GLEN ROTHE, A DISPATCHER HAD DIED. AND LIKE WE ALL HAD TO FIND OUT ABOUT IT ON FACEBOOK, YOU KNOW, AND EVERY, WE GET EMAILS FROM EVERYBODY HERE ABOUT THEIR

YOUNG: WHO IS WE?

BARBER: EVERYONE AT THE AGENCY ON EMAIL.

YOUNG: OKAY.

BARBER: GETS EMAILS FROM PEOPLE ABOUT THEIR LONG LOST UNCLE THAT DIED AND STUFF AND I'M LIKE WHY DID WE NOT FIND OUT ABOUT THIS? LIKE NO ONE SENT THIS OUT. AND HE, THE CHIEF TOOK THAT TO MEAN, HOW, HOWEVER I WORDED IT THAT, THAT I MEANT ADMIN, BUT I DIDN'T. I WAS TALKING ABOUT THE DISPATCHERS BECAUSE I ALWAYS THOUGHT LIKE IT WAS YOUR UNIT THAT SENT IT OUT. IT USUALLY IS, YOU KNOW, BECAUSE YOUR, LIKE YOUR LIEUTENANT OR WHATEVER HEARS ABOUT IT AND SENDS IT OUT. SO HE WAS A DISPATCHER AND THAT'S WHO USUALLY SENDS THEM OUT IS THE DISPATCHER PEOPLE AND WE NEVER GOT IT. SO AND I DIDN'T KNOW WHETHER IT WAS DAUGHTER DIDN'T SEND IT OR WHETHER THEY JUST DIDN'T FEEL LIKE SENDING IT WHEN THEY FOUND OUT, YOU KNOW, THE DISPATCHERS BECAUSE UHM, UH HE DIDN'T WORK HERE, YOU KNOW HE RETIRED A LONG TIME AGO

YOUNG: (INAUDIBLE)

BARBER: AND THEY, A LOT OF PEOPLE FEEL LIKE PEOPLE DON'T STILL WORK HERE, I DON'T KNOW IF THAT'S VIBRATING OR JUST, UHM A LOT OF TIMES PEOPLE FEEL LIKE NO ONE STILL WORKS HERE THAT KNOWS

32 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

THEM BUT THERE'S, OKAY THERE'S A COUPLE OF US THAT HAVE BEEN AROUND THAT LONG, YOU KNOW? SO THAT WAS IT.

YOUNG: WELL DIDN'T YOU START IN DISPATCH?

BARBER: YEAH.

YOUNG: OKAY.

BARBER: SO

YOUNG: SO WHAT WAS THE COMMENT (INAUDIBLE)?

BARBER: I DON'T REMEMBER WHAT I SAID. UH, YOU'D HAVE TO LOOK, I GOT COPIES OF ALL THIS BUT I DON'T, DIDN'T KNOW I WAS COMING IN HERE SO I DIDN'T BRING IT. IT'S IN

YOUNG: (INAUDIBLE)

BARBER: LIKE IT'D BE ATTACHED TO MY REPRIMAND. SO IT WOULD BE IN MY FILE.

YOUNG: HOW DID THE CHIEF FIND OUT ABOUT THIS FACEBOOK POST?

BARBER: I HEARD THAT TRACY YUHASZ TOLD HIM. BUT I, AND THAT MIGHT'VE BEEN IN THE STUFF I READ. I, I DON'T REALLY KNOW.

YOUNG: AND WHO DID YOU

BARBER: BUTI

YOUNG: HEAR IT FROM?

BARBER: AND SUPPOSEDLY SHE COMMENTED BACK, WELL I DON'T, I'M NOT FRIENDS WITH HER OR I WASN'T, AND I DIDN'T KNOW SHE COMMENTED BACK

YOUNG: DO YOU KNOW WHAT SHE COMMENTED?

BARBER: NO. I THINK I SAW IT LATER BUT I DON'T REMEMBER WHAT IT IS, BECAUSE HE PRINTED, I THINK GREER HAD PRINTED IT UP.

YOUNG: WHO TOLD YOU THAT UHM TRACY HAD SEEN IT?

33 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I THINK GREER DID. NO, WELL WAIT, I DON'T KNOW. IT MIGHT'VE BEEN IN SOMETHING THE CHIEF WROTE. I, I DON'T REMEMBER WHO TOLD ME THAT. EITHER GREER TOLD ME OR IT WAS IN THE STUFF I READ THAT WAS WRITTEN WHEN HE GA VE ME MY WRITE-UP, I DON'T REMEMBER.

YOUNG: SO WHO BROUGHT IT TO YOUR ATTENTION THAT YOUR POST HAD BEEN SEEN AND THERE HAD BEEN SOME PROBLEMS WITH IT?

BARBER: THE CHIEF, THE CHIEF DID, HE EMAILED ME.

YOUNG: HE EMAILED YOU?

BARBER: YEAH. THERE'S COPIES OF ALL THAT.

YOUNG: AND WHAT DID HE SAY IN THE EMAIL?

BARBER: I, YOU HA VE TO READ IT.

YOUNG: OKAY.

BARBER: HE MADE IS SOUND LIKE UHM, HE MADE IT SOUND LIKE, UH, I DON'T KNOW, LIKE HE WANTED TO CHANGE THE WAY THINGS ARE DONE HERE BECAUSE OF THAT, I GUESS. BUT THAT WASN'T HIS INTENTION.

YOUNG: WHY DO YOU SAY THAT?

BARBER: BECAUSE HE DIDN'T CHANGE ANYTHING AND UHM JUST SOMETHING HE WROTE LATER ON, YOU WILL HAVE TO LOOK AT, LOOK AT THAT AND, AND I EVEN, ALONG WITH MY PROJECT, I GA VE HIM A SAMPLE POLICY THAT HE COULD USE IF HE TRULY DID WANT TO CHANGE IT AND HE DIDN'T EVEN, AS FAR AS I KNOW, CONSIDER IT.

YOUNG: OKAY. SO YOU FIND OUT ON FACEBOOK THAT THIS GUY, I DON'T EVEN KNOW WHO HE WAS ACTUALLY

BARBER: YEAH.

YOUNG: PASSED AWA Y, YOU MADE A STATEMENT ON YOUR F ACEBOOK POST. COMMANDER YUHASZ SAW IT

BARBER: FROMWHATIHEAR.

YOUNG: REPLIED BACK. YOU GOT WIND THAT IT RAISED SOME EYEBROWS BY THE EMAIL THAT THE CHIEF SENT YOU

34 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: YES.

YOUNG: SO THEN YOU STARTED WORKING ON THE PROJECT THAT HE HAD YOU DO.

BARBER: RIGHT. YEAH.

YOUNG: YOU FELT LIKE ORIGINALLY HE THOUGHT THERE MIGHT BE A BETTER WAY TO

BARBER: HANDLE THINGS. THAT'S WHAT HE

YOUNG: HANDLE THINGS.

BARBER: HE SAID SOMETHING LIKE THAT.

YOUNG: OKAY.

BARBER: IN THE EMAIL, IT'S LIKE A LITTLE PARAGRAPH.

YOUNG: SO YOU START ON THE PROJECT. BAIN CUSTER MAKES YOU COME IN ON YOUR DAYS OFF. YOU AT LEAST PUT IT ON YOUR TIME SHEET AND CLAIM IT.

BARBER: MMM .. HMM.

YOUNG: YOU FINISHED YOUR PACKET WITH ALL OF YOUR WORK.

BARBER: YEAH, AND I GA VE IT TO HIM.

YOUNG: WHO DID YOU GIVE IT TO?

BARBER: I HANDED IT TO THE CHIEF.

YOUNG: OKAY. AND WHAT DID HE SAY TO YOU WHEN YOU GAVE IT TO HIM?

BARBER: NOTHING. WE, IT WAS WHEN WE WERE VOTING ON THE CONTRACT AND WE WERE IN ONE OF THE ROOMS UP HERE, AND

YOUNG: DO YOU REMEMBER THE DATE THAT YOU GA VE IT TO HIM?

BARBER: NO. I MEAN, I PROBABLY HA VE IT LOGGED SOMEWHERE, BUT UHM, AND THEN I, SO HE HAPPENED TO BE IN THERE. I WAS COMING TO

35 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

VOTE AND THEN I WAS GOING TO GO DOWN THERE AND HAND IT TO HIM, BUT HE WAS IN THERE SO I GA VE IT TO HIM.

YOUNG: DID HE SAY ANYTHING TO YOU WHEN YOU GAVE IT TO HIM?

BARBER: NO.

YOUNG: DID YOU SAY ANYTHING TO HIM WHEN YOU GA VE IT TO HIM?

BARBER: NO.

YOUNG: SO THERE WAS NO COMMUNICATION BACK AND FORTH ABOUT THE MATERIAL YOU HAD COLLECTED?

BARBER: NO, THERE WAS PEOPLE IN THERE SO

YOUNG: DID THE CHIEF SAY ANYTHING DEROGATORY OR ANY COMMENTS THAT YOU FELT WERE INAPPROPRIATE OR OFF-COLOR DURING THAT TIME?

BARBER: HE DIDN'T, HE DIDN'T TALK TO ME, SO

YOlJNG: SO YOU GIVE HIM THIS PACKET AND THEN TELL ME WHAT HAPPENS FROM THAT POINT?

BARBER: UHM, OH GOSH, JESUS. UHM, I, I MEAN I GOT WRITTEN UP AFTERWARDS, SO

YOUNG: WHO WROTE YOU UP?

BARBER: GREER.

YOUNG: AND WHAT WAS

BARBER: GAVE ME THE PAPERWORK. BUT I THINK IN BETWEEN THERE ALSO THAT'S WHEN BAIN TOLD ME OR GREER TOLD ME, ONE OF THE TWO TOLD ME THAT THE CHIEF WAS PLANNING ON PUTTING ME IN CHARGE OF THE UH, UHM HONOR GUARD UNIT.

YOUNG: AND TELL ME ABOUT THAT.

BARBER: WELL, IT NEVER HAPPENED. I HAVE THE LETTER FROM HIM TO SOMEONE SA YING THAT THEY WERE TO DO THAT. BUT IT DIDN'T HAPPEN. AND I

36 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: WHO WROTE THE LETTER?

BARBER: UHM, I THINK THE CHIEF. I'D HAVE TO FIND IT.

YOUNG: CAN YOU GET ME THAT LETTER?

BARBER: YEAH. UHM

YOUNG: OKAY.

BARBER: AND I HEARD THAT COMMANDER JACKSON SAID, TOLD GREER I THINK, BECAUSE THIS IS KIND OF WHEN BAIN WAS LEA YING, AND JACKSON WAS COMING IN AND STUFF

YOUNG: MMM .. HMM.

BARBER: UHM, UH WE'RE NOT GOING TO MAKE HER DO THAT, THAT'S STUPID. JUST, I MEAN I, DON'T QUOTE ME ON, I MEAN, I'M JUST SA YING, HE SAID SOMETHING LIKE THIS, I WASN'T THERE, HE JUST, THAT'S NOT, YOU KNOW SHE DON'T NEED TO BE IN CHARGE OF THAT. UHM SO JUST WRITE HER UP AND BE DONE WITH IT. SO, BECAUSE THE CHIEF KEPT WANTING UH GREER TO ASK ME ABOUT IT AND ASK ME ABOUT IT, WHY I MADE THE COMMENT, WHY I MADE THE COMMENT. I'M LIKE, I'VE TOLD YOU THE SAME THING GREER, SO

YOUNG: SO WHAT WAS THE WRITE UP FOR?

BARBER: UH, DID I PUT IT IN THERE, I DON'T REMEMBER IF IT WAS CONDUCT UNBECOMING, UH HE, HE WAS GONNA DO IT FOR UHM SOCIAL MEDIA, BUT IT DIDN'T VIOLATE IT HE SAID, SO I THINK IT MIGHT'VE BEEN CONDUCT UNBECOMING, I, I DON'T REMEMBER. I MEAN IT WAS

YOUNG: DID CHIEF HAINES DEMAND GREER WRITE YOU UP?

BARBER: UH, YOU'D HA VE TO ASK GREER THAT. I DON'T

YOUNG: BUT GREER DIDN'T TELL YOU THAT HE HAD TO WRITE YOU UP BECAUSE OF THE CHIEF?

BARBER: I DON'T THINK SO. I REALLY DON'T KNOW.

YOUNG: SO THEN YOU DON'T KNOW IF HE HAD ANY PARTICIPATION IN THE ACTUAL REPRIMAND THAT YOU GOT?

37 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: I, I, I DON'T HA VE A DOUBT IN MY MIND THAT HE DIDN'T HA VE HIS HANDS IN THAT. IF YOU READ EVERYTHING THAT I HAVE, YOU'LL SEE. AND I DON'T REMEMBER IF IT SPECIFICALLY TELLS HIM TO WRITE ME UP, I, I DON'T REMEMBER, THAT WAS LAST YEAR AND A WHOLE LOT OF STUFF HAS HAPPENED SINCE THEN.

YOUNG: BUT WHAT YOU KNOW

BARBER: SO

YOUNG: FOR SURE, IS GREER NEVER SAID HEY THE CHIEF SAYS I HA VE TO WRITE YOU UP, OR IN THE LETTER THAT YOU HAVE, IS HE SAYING TO WRITE YOU UP?

BARBER: I DON'T REMEMBER WHAT THE LETTER SAYS. THE LETTER INITIALLY HAD NOTHING TO DO WITH WRITING ME UP, IT HAD TO DO WITH THE PROJECT. UHM, ALL THE WRITE UP STUFF, I DON'T THINK ANYTHING WAS PROBABLY PUT IN WRITING. THE CHIEF DID PUT SOME STUFF IN WRITING. BUT I DON'T KNOW IF THAT WAS A LETTER OR A EMAIL OR WHAT. LIKE I SAID, I HA VE COPIES. I JUST SKIMMED OVER IT THAT DAY, HAVEN'T REALLY LOOKED AT SINCE BECAUSE I THOUGHT IT WAS A LITTLE CRAZY.

YOUNG: AND YOU CAN GET ME COPIES OF

BARBER: YEAH.

YOUNG: THOSE LETTERS?

BARBER: OH YEAH.

YOUNG: OKAY. UHM NOW THE HONOR GUARD, DO YOU KNOW WHO'S OVER THE HONOR GUARD RIGHT NOW?

BARBER: I HAVE NO IDEA. I THINK IT'S UH, THAT GUY THAT WAS IN, IS HE IN S.R.O.? I DON'T KNOW, UH, O'HARE

PITTMAN: OH

BARBER: YOU KNOW I'M TERRIBLE WITH NAMES.

PITTMAN: ECHELE?

38 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: YEAH. I THINK IT'S ECHELE, BUT I'M NOT POSITIVE. OR IT COULD BE, I, I DON'T REALLY KNOW. AND I MEAN, I DIDN'T CARE, PUT ME IN CHARGE OF IT. LIKE I SAID, I WILL DO, I'LL, WHATEVER

YOUNG: WELL, (INAUDIBLE) QUESTION IS, WOULD THAT BE SOMETHING THAT YOU WERE OPPOSED TO OR

BARBER: I WOULD'VE DONE IT, BUT THE, THE WAY IT CAME ABOUT WOULD'VE MADE ME ANGRY. BUT I WOULD'VE DONE IT IF YOU TELL ME TO DO IT, I'M GONNA DO IT, YOU KNOW. WHATEVER, I SAID, IT'D PROBABLY BE THE BEST HONOR GUARD UNIT YOU HAVE BECAUSE PEOPLE MIGHT ACTUALLY WANT TO JOIN.

YOUNG: SO THE HONOR GUARD ASSIGNMENT, DID THE CHIEF SAY IN THE LETTER TO PUT YOU IN

BARBER: YES.

YOUNG: INTO THAT POSITION?

BARBER: I THINK IT WAS FROM THE CHIEF.

YOUNG: AND DID HE EXPLAIN WHY HE WANTED TO PUT YOU IN THAT POSITION?

BARBER: I DON'T REMEMBER, LIKE I SAID, I READ THE LETTER ONCE. I DON'T, IT'S IN A LITTLE ENVELOPE WITH THE REST OF THE STUFF.

YOUNG: DO YOU FEEL THAT THAT RECOMMENDATION WAS GENDER BIASED AGAINST YOU?

BARBER: I, I DON'T KNOW ABOUT GENDER, IT HAS TO DO WITH THE WHOLE FACEBOOK THING HE WAS MAD ABOUT THAT HE JUST WANTED TO CONTINUE TO PUNISH ME, PUNISH ME, PUNISH ME. I DON'T, AND NOTHING SEEMED TO BE GOOD ENOUGH. SO THAT WAS JUST ANOTHER WAY, AND I DON'T EVEN KNOW WHAT THAT HAD TO DO WITH THE F ACEBOOK POST IN THE FIRST PLACE, BUT, OH I KNOW, HE TOLD, HE TOLD SOMEBODY THAT, AND IT MIGHT'VE BEEN LEE, BUT LEE, BAIN, SOMEBODY, UHM THAT I JUST DON'T UNDERSTAND THAT NO ONE CARES ABOUT RETIREES AND IF HE PUT ME IN CHARGE OF THE HONOR GUARD, I WOULD UNDERSTAND THAT NO ONE CARES ABOUT RETIREES. AND I REALLY WAS OFFENDED BY THAT. BECAUSE I FEEL LIKE A LOT OF PEOPLE CARE ABOUT RETIREES.

YOUNG: RIGHT. AND YOU SAID THAT LEE TYREE

39 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: I THINK, I MEAN, I TALK TO HIM ALL THE TIME AND I TALKED TO, TALKED TO GREER ALL THE TIME WHEN I WORKED UP THERE OF COURSE BECAUSE I SAW HIM ALL THE TIME AND BAIN SOMETIMES, SO IT WAS ONE OF THOSE PEOPLE THAT TOLD ME THAT, LIKE IF YOU'RE TALKING TO THEM, I'M SURE YOU'LL FIND OUT.

YOUNG: YEAH. I MEAN THEY'RE ALL GONNA BE SPOKE TO ABOUT THIS. SO YOU GOT THE LETTER OF REPRIMAND FOR THE POST.

BARBER: MMM.. HMM.

YOUNG: THE RESEARCH PROJECT ESSENTIALLY WAS PART OF IT

BARBER: YES.

YOUNG: AND THEN IT WAS SUGGESTED THAT YOU TAKE OVER HONOR GUARD. YOU MENTIONED SEVERAL PUNISHMENTS

BARBER: YEAH TO

YOUNG: (INAUDIBLE)

BARBER: THAT WAS HIS OTHER WAY OF PUNISHING ME, BUT HE JUST DIDN'T UNDERSTAND, LIKE I SAID, HE DOESN'T KNOW ME AND HE DIDN'T UNDERSTAND WELL IT REALLY WASN'T GONNA BE A PUNISHMENT TO ME. BUT IN HAINES' VIEWPOINT, PUTTING ME IN CHARGE OF HONOR GUARD WAS A PUNISHMENT.

YOUNG: OKAY. SO ABOUT THE LETTERS, CAPTAIN GREER IS THE ONE THAT TOLD YOU THE CHIEF WAS NOT HAPPY WITH YOUR COMMENT, CORRECT?

BARBER: NO, THE CHIEF SENT ME A EMAIL.

YOUNG: NO. IF YOUR EXPLANATION AS TO WHAT YOUR POST MEANT.

BARBER: OH RIGHT, THE EXPLANATION. YES, AND TOLD HIM TO KEEP ASKING ME OVER AND OVER AGAIN.

YOUNG: OKAY. YOU MENTIONED THAT THIS WAS CHIEF HAINES' WAY OF UNDERMINING YOUR LEADERSHIP?

BARBER: (INAUDIBLE)

40 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: CAN YOU EXPLAIN TO ME HOW YOU FEEL THAT HE'S DONE THAT?

BARBER: (INAUDIBLE)

YOUNG: IT'S IN THE SAME PARAGRAPH, THE BOTTOM, THE VERY BOTTOM

BARBER: OKAY.

YOUNG: PARAGRAPH. THE F ACEBOOK POST.

BARBER: OH, I'M LOOKING AT, NEVER MIND, I WAS LOOKING AT THE PROMOTIONAL ONE. THAT'S WHY I'M LIKE, I DON'T SEE IT HERE, OKAY.

YOUNG: IT'S THE VERY LAST SENTENCE.

BARBER: HOLD ON, I'LL FIND IT. UH, YEAH SEE, HE ORDERED THE ACTION. IT WASN'T LIKE A SUGGESTION. IT WAS A LETTER SA YING TO PUT ME IN CHARGE OF THE, THAT UNIT, BUT

YOUNG: AND HE SENT THAT LETTER TO YOU?

BARBER: NO I, I DON'T KNOW HOW I GOT IT. I

YOUNG: WHO DID HE SEND THE LETTER TO?

BARBER: I DON'T KNOW, IT MIGHT'VE BEEN IN THE PACKET OF STUFF WITH MY REPRIMAND THAT I GOT. I DON'T KNOW. LIKE I SAID, YOU'D HA VE TO LOOK AT THE LETTER. I DON'T, I DON'T REMEMBER HOW I GOT IT. I JUST, IT SAYS IN HERE I GOT IT AFTERWARDS AND I THINK I GOT IT WHEN I GOT THE PACKET. YOU KNOW, WHEN THEY SEND YOU COPY OF YOUR STUFF. UHM, UH WELL HE, HE WAS SAYING, UNDERMINING MY, HE, HE'S SA YING THINGS LIKE, I'M A LIEUTENANT AND EVERYONE KNOWS I'M A LIEUTENANT ON FACEBOOK. WELL, THAT'S, IT WASN'T LIKE A PUBLIC THING HE WAS SA YING IT WAS A PUBLIC POST. AND I DON'T KNOW HOW HE THINKS IT'S PUBLIC, I, I DON'T THINK I'VE EVER HAD MY THING AS PUBLIC IN THE FIRST PLACE AND I WASN'T SA YING, HE WAS TRYING TO SAY I WAS TALKING BAD ABOUT ADMIN AND I WASN'T. SO TO ME, THAT'S TRYING TO AFFECT MY LEADERSHIP, YOU KNOW? EVERYONE AT THE, ON MY SHIFT KNOWS I CAN'T DO ANYTHING, BECAUSE I HA VE TO WORK ON HIS PROJECT BECAUSE I SCREWED UP AND POSTED SOMETHING ON F ACEBOOK. YOU KNOW?

41 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: WHO DID HE TELL THAT YOU WERE A LIEUTENANT TO AND EVERYONE KNOWS THAT YOU'RE A LIEUTENANT MAKING THESE POSTS?

BARBER: THESE (INAUDIBLE), THESE ARE CONVERSATIONS HE HAD WITH LIKE BAIN AND GREER. I DON'T KNOW WHICH ONE.

YOUNG: AND THEN ONE OF THEM TOLD YOU.

BARBER: YEAH.

YOUNG: OKAY. OKAY.

BARBER: NO.

PITTMAN: IS THERE A POSSIBILITY THAT SOMEBODY ELSE IS ALSO BEEN ASSIGNED IT?

BARBER: I, WITH THE RUMOR MILL AROUND HERE, I THINK I PROBABLY WOULD'VE HEARD ABOUT IT.

PITTMAN: OKAY. BUT WOULD YOU AGREE THAT IT MAY BE A POSSIBILITY THAT (INAUDIBLE)

BARBER: POSSIBILITY BUT, EVERYONE KNOWS ABOUT MINE.

PITTMAN: OKAY.

BARBER: SO I WOULD THAT THEY WOULD KNOW ABOUT THEIRS TOO.

YOUNG: HOW DOES EVERYBODY KNOW ABOUT YOURS?

BARBER: I DON'T, WELL PROBABLY BECAUSE I GOT WRITTEN UP, I DON'T KNOW, TALK OF THE TOWN. AND LIKE I SAID, I HEAR THAT HAINES TALKS ABOUT EVERYBODY AND HE GOSSIPS ABOUT PEOPLE ALL THE TIME SO

YOUNG: AND WHO TELLS YOU THAT HE TALKS ABOUT EVERYBODY AND

42 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I HEAR THAT FROM LOTS OF PEOPLE. I MEAN, I'M NOT GOING TO, NO, I'M NOT GOING TO BE SPECIFIC. I AM NOT PUTTING ANYONE ELSE UNDER THE RADAR. IT'S BAD ENOUGH I HA VE TO TELL YOU EVERYTHING THAT GREER HAS TOLD ME, SO, AND HE'S MY SUPERVISOR, SO HE'S, YOU KNOW.

PITTMAN: WELL WE'RE HERE, AND, AND UH, COLONEL I'LL LET YOU HANDLE THIS. WE'RE HERE TO FIND OUT LIEUTENANT. UH, IF YOU KNOW SOMETHING AND

BARBER: WELL

PITTMAN: BECAUSE WE'VE GOT TO, WE'VE GOT TO BE ABLE TO TALK TO THE PEOPLE, SO IF YOU KNOW SOMEBODY

BARBER: OKAY.

PITTMAN: IT IS SPECIFIC, THAT IT MIGHT HELP YOUR CASE OUT IF WE TALK TO 'EM. (INAUDIBLE)

BARBER: WELL I THINK IF YOU TALK TO SOME OF THOSE PEOPLE IT WILL AND IF YOU SEE WHO GOES IN AND OUT OF HIS OFFICE ALL THE TIME

PITTMAN: WELL (INAUDIBLE) KNOW, (INAUDIBLE) AND STOP ME IF I'M ON THE WRONG TRACK HERE, BECAUSE THIS IS YOUR INVESTIGATION. I'M JUST HERE TO ASSIST, BUT WHEN YOU SAID THAT YOU'RE NOT GONNA TELL US ANY OF THE, YOU DON'T WANT TO THROW ANYBODY ELSE UNDER THE BUS, YOU ALREADY THREW GREER UNDER THE BUS BASICALLY.

BARBER: HE, I HAVE TO. HE'S THE BOSS.

PITTMAN: NOT YOUR, NOT QUOTED, BUT THAT WOULD LEAD US TO BELIEVE AND I'M SURE THE COLONEL FEELS THE SAME WAY THAT, THERE'S OTHER PEOPLE THAT MIGHT ASSIST IN THIS INVESTIGATION THAT YOU'RE NOT GIVING US THE NAMES TO.

BARBER: WELL I'M NOT TRYING TO BE DIFFICULT, BUT

PITTMAN: NO, NO, NO. I'M NOT, TRUST ME I'M NOT

BARBER: THERE'S, EVERYONE KNOWS AND YOU KNOW, YOU BOTH KNOW THAT THERE'S PEOPLE HERE THAT HAINES TALKS TO A LOT

43 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

PITTMAN: OKAY. WELL WHO, WHO ARE THE ONES, SPECIFIC ONES THAT WE NEED TO TALK WITH

BARBER: AND I DON'T KNOW ALL OF HIS FRIENDS

PITTMAN: NO. YOU, YOU SAID THAT YOU KNEW PEOPLE THAT YOU DIDN'T WANT TO THROW UNDER THE BUS

BARBER: YEAH. SO WHEN YOU TALK TO THOSE

PITTMAN: BUT WHO ARE THOSE PEOPLE?

BARBER: WHEN YOU TALK TO PEOPLE THAT TALK TO HIM ALL THE TIME

YOUNG: I'LL, I'LL LET YOU FINISH COLONEL.

BARBER: AND THEY MAY KNOW.

YOUNG: HERE'S THE THING, THIS IS A SERIOUS ALLEGATION

BARBER: I KNOW

YOUNG: MADE AGAINST THE CHIEF. AND THE SHERIFF WANTS IT INVESTIGATED AND YOU ARE COMPELLED TO GIVE THE NAMES OF ANYBODY (INAUDIBLE)

BARBER: WELL WHEN I HEAR RUMORS, I CAN'T POSSIBLY GIVE YOU ALL OF THE NAMES.

YOUNG: BUT IF SOMEBODY IS TELLING YOU A RUMOR, AND IT'S A CONSISTENT PERSON THAT'S TELLING YOU THESE RUMORS, YOU ARE COMPELLED TO ME WHO THEY ARE.

BARBER: OKAY.

YOUNG: BECAUSE IF THEY ARE REPEATING RUMORS TO YOU THAT COULD POTENTIALLY BE FACTUAL, AND LINK BACK TO SUPPORT ALL OF THIS AGAINST THE CHIEF, THEY HA VE TO BE ABLE TO COME IN HERE AND TALK.

BARBER: RIGHT. AND I DON'T KNOW EVERYONE BECAUSE LIKE I SAID, IT IS RUMORS AND PEOPLE TALK ABOUT IT ALL THE TIME. LOTS OF PEOPLE, SO I CAN'T NAME SPECIFICS BUT I CAN TELL YOU THAT THE ONES THAT GO IN THERE ALL THE TIME, NEWTON IS ONE THEM THAT

44 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

TALKS TO HIM ALL THE TIME, HE, AND I'VE MENTIONED HIM BEFORE THOUGH.

YOUNG: RIGHT.

BARBER: SO THESE ARE THE PEOPLE THAT I'VE ALREADY MENTIONED BEFORE MY, YOU KNOW WOULD BE THE MAIN ONES I WOULD TALK TO. IF THERE'S MORE, I'M SURE THERE'S MORE. BUT I DON'T HANG OUT THERE TO SEE WHO ALL GOES IN AND OUT OF HIS OFFICE.

YOUNG: IT'S MORE SO THE PEOPLE THAT ARE COMING TO YOU AND SAYING THAT THEY'VE HEARD THIS RUMOR OR THEY'VE HEARD THAT OR THEY'VE HEARD THIS

BARBER: YEAH.

YOUNG: THEY HA VE TO COME AND TALK AND GIVE THE FACTS AND INFORMATION THAT THEY HA VE.

BARBER: RIGHT.

YOUNG: AND I DON'T HA VE A PROBLEM IF I HA VE TO INTERVIEW THREE HUNDRED PEOPLE TO CONDUCT THIS INVESTIGATION PROPERLY AND THEWA Y THAT IT'S SUPPOSED TO BE DONE.

BARBER: MMM .. HMM.

YOUNG: THAT'S WHAT I'M HERE TO DO.

BARBER: RIGHT.

YOUNG: SO IF YOU HA VE

BARBER: I MEAN, THOSE ARE THE NAMES THAT I KNOW OF THAT WOULD, THAT HE TALKS TO ALL THE TIME.

YOUNG: IS THERE ANYBODY

BARBER: PROBABLY BAIN. BAIN IS NOT HERE ANYMORE, SO

YOUNG: IS THERE ANYBODY ELSE THAT YOU KNOW OF THAT HASTALKED TO YOU AND HAS TOLD YOU THAT HE HAS BAD-MOUTHED ANY OTHER FEMALE DEPUTY, THAT HE HAS BEEN DEROGATORY, THAT HE HAS SHOWN GENDER BIAS?

45 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I KNOW UH OTHER PEOPLE THAT USED TO WORK HERE LIKE UH, WHAT'S HIS NAME, PHILIP NIX, PEOPLE THAT USED TO BE INVOLVED MORE IN P.B.A. STUFF, YOU KNOW. I MEAN I, AND I JUST CAN'T THINK OF, ME AND NAMES DON'T GET ALONG, SO IF I THINK OF SOME, SOME OTHER NAME, I'LL, IT MIGHT COME UP IN CONVERSATION.

YOUNG: IS THERE ANYBODY STILL CURRENTLY EMPLOYED HERE?

BARBER: I MEAN, NOT THAT I CAN THINK OF RIGHT THIS MINUTE. WHEN YOU PUT ME ON THE SPOT, I CANNOT THINK OF NAMES. IT'S LIKE WHEN I HAVE INTERVIEWS, MY MIND GOES ABSOLUTELY BLANK WHEN I GO FOR MY PROMOTIONAL EXAM INTERVIEWS BECAUSE PEOPLE ARE LOOKING AT ME. I JUST CAN'T, CAN'T DO IT, SO MY MIND GOES BLANK. SO IF I THINK OF A NAME, I'LL TELL YOU.

YOUNG: UH LET ME ASK YOU THIS, THIS IS GETTING OFF A LITTLE BIT OF YOUR STATEMENT THAT AS A LIEUTENANT, YOU'RE ONE THAT HAD A GOOD REPUTATION AND A GOOD WORKING RELATIONSHIP WITH YOUR PEOPLE. CAN YOU TELL ME OF ANY OTHER FEMALE OR MALE DEPUTIES THAT HA VE COME TO YOU AND EXPRESSED CONCERN, FRUSTRATION, FEAR, OR ANYTHING OF THAT NATURE BECAUSE OF THE CHIEF AND THINGS THAT HE MIGHT'VE SAID OR DONE TO THEM?

BARBER: NOT THE

PITTMAN: CHIEF, CHIEF HAINES.

BARBER: NOT CHIEF

YOUNG: HAINES.

BARBER: YEAH, YOU'RE RIGHT. NOT CHIEF HAINES BUT THE GIRL, THE PEOPLE THAT WORK ON MY SHIFT, REALLY THAT I KNOW OF DON'T HAVE ANY CONTACT WITH THE CHIEF. MOST OF THOSE DEPUTIES ON THE SHIFT, ESPECIALLY WHEN YOU'RE ON NORTH END, THEY DON'T COME TO THE OFFICE, THEY DON'T HA VE CONTACT WITH THE CHIEF. so

YOUNG: HA VE YOU HEARD RUMOR THROUGH ANYBODY ELSE OF ANY OTHER DEPUTY, SERGEANT, LIEUTENANT, CIVILIAN EMPLOYEE, WHOEVER, THAT WORKS HERE AT THE SHERIFF'S OFFICE, THAT HAS SUFFERED ANY GENDER BIAS BECAUSE OF CHIEF HAINES' ACTIONS, WORDS, OR STATEMENTS?

46 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: NOT THAT I, I KNOW OF. NOT THAT I CAN THINK OF. LIKE I SAID, THE GIRLS I WORK WITH, THEY DON'T, WOULDN'T COME DOWN HERE FOR ANY, WOULDN'T HA VE ANY CONTACT WITH HIM THAT I WOULD KNOW OF.

YOUNG: AND THEN NOBODY HAS COME TO YOU FROM THE P.B.A. PERSPECTIVE AND EXPRESSED ANY FEAR, OR ANGER OVER ANY OF A GENDER BIAS NATURE.

BARBER: AND I'VE BEEN IN P.B.A. FOR A LONG TIME, SO THROUGHOUT THE YEARS, HE'S, NOT THAT I CAN THINK OF RIGHT NOW.

PITTMAN: HOW ABOUT, HOW ABOUT FEMALE SUPERVISORS? HAS ANY OTHER FEMALE SUPERVISOR, HA VE YOU HAD A DISCUSSION WITH ANY CURRENT FEMALE SUPERVISOR

BARBER: WE DON'T HAVE THAT MANY. UHM AND I DON'T

PITTMAN: NO. I KNOW WE DON'T HAVE THAT MANY.

BARBER: I DON'T SEE THEM. I DON'T, I DON'T RUN INTO THEM. AND MELONY IS LIKE THE ONLY ONE AND SHE WORKS AT, AT THE MAIN OFFICE. I DON'T SEE HER REALLY AT WORK. UHM

PITTMAN: HAVE YOU HAD ANY DISCUSSIONS WHILE YOU WERE OFF, WHEN YOU'RE IN YOUR PRIVATE TIME

BARBER: WITH HER ABOUT

PITTMAN: WITH, WELL WITH ANY, ANY FEMALE SUPERVISOR HERE AT THE OFFICE.

BARBER: I DON'T, I DON'T HANG WITH THEM.

PITTMAN: OKAY.

YOUNG: OKAY. I'M GOING TO GET BACK TO THE (INAUDIBLE) SORRY I GOT OFF ON A RABBIT TRAIL THERE. UHM OKAY, SO PARAGRAPH NINE, WE'RE AT THE NEXT ONE UNDERNEATH THE FACEBOOK STUFF, UH BIBLE (INAUDIBLE)

BARBER: YES. THAT CAME FROM, BEFORE YOU EVEN ASKED, THAT CAME FROM THE, THE LAW, MONTOYA'S LAWSUIT AND I THINK HE HAD A DEPOSITION OR SOMETHING. SO YOU WOULD HA VE TO

47 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: AND DID MONTOYA TELL YOU THIS?

BARBER: UH, THE ATTORNEY DID.

YOUNG: WHICH

BARBER: HER, ONE OF HER ATTORNEYS.

YOUNG: OKAY. DID YOU SPEAK WITH THIS ATTORNEY?

BARBER: YES.

YOUNG: CAN YOU TELL ME WHO THAT PERSON IS?

BARBER: UH, HOLD ON, STEPHEN WEB, WEBSTER. I HAD TO SEE SOMEONE ELSE'S NAME THAT REMINDED ME.

YOUNG: SO STEPHEN WEBSTER IS MONTOYA'S

BARBER: HE'S ONE OF THEM, I DON'T, I DON'T KNOW HOW MANY SHE HAS BUT

PITTMAN: YEAH, HE'S A, HE FILLS IN, HE'S A FILL IN P.B.A. ATTORNEY.

BARBER: YEAH.

PITTMAN: THEY, THEY FARM EVERYTHING OUT TO HIM THAT THE MAIN P.B.A. DON'T WANT TO DO.

BARBER: WELL

YOUNG: OKAY. SO THEN THEY IN COMBINATION HELPED PROVIDE THE INFORMATION OR WRITE UP THE DOCUMENT AND

BARBER: YES. HE GA VE ME THAT

YOUNG: OKAY.

BARBER: FROM HER.

YOUNG: DO YOU HAVE ANY SPECIFIC KNOWLEDGE ON CHIEF HAINES' RELIGIOUS BELIEFS?

BARBER: NO. I JUST KNOW THAT HE WENT TO PENSACOLA CHRISTIAN AND GRADUATED FROM THE COLLEGE. MY DAUGHTER ALSO WENT TO

48 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

SCHOOL THERE, SO I KNOW HOW STRICT THEY ARE ABOUT THEIR RELIGIOUS BELIEFS.

YOUNG: HAS HE IMPOSED UPON YOU IN ANY WAY, HOW HE FEELS HIS RELIGIOUS BELIEFS, HIS VIEWS AGAINST WOMEN TO YOU SPECIFICALLY?

BARBER: UH NO, I DON'T TALK TO THE CHIEF IF I DON'T HAVE TO AND I DEFINITELY WOULD NOT DISCUSS RELIGION WITH HIM BECAUSE I DON'T FEEL IT'S

PITTMAN: HOW DO YOU FEEL THAT PLAYS INTO ANY KIND OF GENDER BIAS, WORK HARASSMENT, UH SEXUAL HARASSMENT, ANYTHING OR DO YOU?

BARBER: WELL DID YOU READ IT?

PITTMAN: WELL YEAH, I READ IT.

BARBER: HE DOESN'T THINK WOMEN SHOULD SIT ON POSITIONS OF AUTHORITY AND HERE HE IS TRYING TO KEEP ME FROM GETTING PROMOTED.

PITTMAN: IS THAT BECAUSE HE'S A, HE BELIEVES IN THE BIBLE AND STUFF?

BARBER: YEAH. THAT'S

PITTMAN: YEAH, I READ IT (INAUDIBLE)

YOUNG: NOW THE, HE VIEWS, HIS VIEWS FORBID WOMEN FROM SITTING IN AUTHORITY POSITIONS. STEPHEN WEBSTER IS THE ONE THAT GA VE YOU THIS INFORMATION?

BARBER: YES.

YOUNG: DO YOU KNOW WHETHER IT CAME OUT IN THE COURT PROCEEDINGS?

BARBER: THAT'S WHAT I WAS TOLD.

YOUNG: DID ANYBODY TESTIFY IN THERE WITH FIRSTHAND KNOWLEDGE OF THIS?

BARBER: WHAT DO YOU MEAN TESTIFY?

49 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: ABOUT HIS VIEWS.

BARBER: I HEARD THE CHIEF SAID IT HIMSELF.

PITTMAN: IT'S PROBABLY FROM A DEPOSITION.

BARBER: YEAH, I THINK IT WAS A DEPOSITION. I DON'T, I DON'T KNOW HOW MANY DEPOSITIONS HE'S HAD, I DON'T KNOW ANY OF THAT STUFF TO DO WITH THE COURT CASE BECAUSE I KNOW THERE'S SEVERAL so

YOUNG: SO THEN YOU DON'T HA VE ANY PERSONAL KNOWLEDGE OF HIS VIEWS FORBIDDING WOMEN FROM BEING IN AUTHORITY POSITIONS?

BARBER: NO. I WOULDN'T HA VE DISCUSSED RELIGION WITH HIM.

YOUNG: ALRIGHT. DO YOU FEEL LIKE HIS RELIGIOUS BELIEFS HA VE AFFECTED WOMEN IN AUTHORITY POSITIONS HERE?

BARBER: I DO.

YOUNG: CAN YOU TELL ME HOW?

BARBER: BECAUSE IF THAT'S TRULY WHAT HE SAID IN A DEPOSITION, AND THEN HE HAS SHOWN THAT HE DOESN'T WANT US IN POSITIONS BY TRYING TO KEEP ME FROM GETTING PROMOTED, SA YING I SHOULDN'T HA VE EVEN BEEN A SERGEANT, LET ALONE BECOME A LIEUTENANT, UHM AND, AND THEN JUST THE THINGS THAT HAVE GONE ON. HE HAS, HE PLAYS A PART IN ALL THIS DISCIPLINE. WE KNOW THAT, HE'S OVER I.A.

YOUNG: DO YOU KNOW IF HE HAS TOLD ANY OTHER FEMALES THAT WORK HERE, THAT HE FEELS THAT THEY SHOULD BE IN POSITIONS OF A NON AUTHORITY (INAUDIBLE)?

BARBER: I DON'T REALLY TALK TO THEM, UHM AND HE DIDN'T TELL ME THAT HIMSELF. I HAD TO FIND IT OUT OR I WOULD'VE NEVER KNOWN.

YOUNG: HAS ANY OF YOUR FRIENDS THAT DO TALK TO HIM ON A ROUTINE BASIS, EVER MADE THE STATEMENT OR COMMENT THAT HE HAS EXPRESSED TO THEM THAT HE DOESN'T FEEL WOMEN SHOULD BE IN AUTHORITY (INAUDIBLE)?

BARBER: NO, AND I WOULDN'T ASK THEM SOMETHING LIKE THAT HONESTLY.

50 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: OKAY. SO

BARBER: I REALLY DON'T WANT TO KNOW WHAT HE DISCUSSES WITH THEM.

YOUNG: SO OTHER THAN THE FACTS THAT ARE IN THE COURT CASE, WHICH I'LL NEED TO OBVIOUSLY PULL UP AND READ, THERE'S NO OTHER CORROBORATING PEOPLE THAT CAN LEND A LITTLE BIT MORE CLARIFICATION TO

BARBER: NOT THAT I CAN GIVE YOU A NAME OF RIGHT NOW.

YOUNG: OKAY. OTHER THAN YOUR SITUATION OF GETTING PROMOTED TO LIEUTENANT, ARE YOU A WARE OF ANY OTHER FEMALES THAT HA VE BEEN IN LINE FOR PROMOTIONS THAT HA VE BEEN STOPPED BECAUSE OF HIS INVOLVEMENT?

BARBER: I DON'T, I WOULDN'T KNOW. BECAUSE I, ONCE I MADE IT, I DON'T PAY ATTENTION TO WHO'S ON THE LIST WHERE. I MEAN, I, WE DON'T REALLY EVEN GET IT, YOU KNOW. LIKE BEFORE WE WOULD GET THE LIST OF THE SCORES AND WE'D ALL TRY TO MAKE UP OUR LIST AND STUFF. I DON'T REALLY GET THAT NOW BECAUSE I DON'T GET THOSE EMAILS.

YOUNG: BUT IN THE PAST, SINCE HE'S BEEN IN A POSITION, YOU'RE NOT A WARE OF ANY FEMALE THAT HAS NOT BEEN PROMOTED BECAUSE SHE'S FEMALE?

YOUNG: WAS PAM IN FACT PROMOTED?

BARBER: YEAH. SHE ENDED UP GETTING PROMOTED.

PITTMAN: WHAT'S, IS IT VANDY, HOW DO YOU, WHAT'S HER LAST NAME?

BARBER: OH GOSH, DON'T ASK ME THAT. REALLY?

PITTMAN: (INAUDIBLE) SOME, I CAN'T THINK (INAUDIBLE)

BARBER: IT'S SOMETHING LONG.

51 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

PITTMAN: VANDYCAMPORVAN

BARBER: NO.

YOUNG: VELTKAMP.

BARBER: VAN, VELTKAMP.

PITTMAN: OKAY.

BARBER: I HA VE TO THINK ABOUT HOW IT'S SPELLED AND THEN I CAN TELL YOU. GIVE ME A SECOND, SEE?

YOUNG: OKAY. SO FOR CLARIFICATION PURPOSES, GENDER BIAS DISCRIMINATION FROM CHIEF HAINES TOW ARDS YOU, BECAUSE OF HIS RELIGIOUS BELIEFS. CAN YOU DESCRIBE FOR ME ANY INCIDENT THAT YOU FEEL THAT HAS OCCURRED?

BARBER: I DON'T KNOW. I, THE ONLY THING I KNOW OF IS ABOUT ME NOT GETTING PROMOTED.

YOUNG: OKAY. ALRIGHT, NEXT PARAGRAPH. THE NEXT ONE UNDERNEATH THAT ONE, IT'S PARAGRAPH TEN.

BARBER: I DON'T HA VE MY NUMBERED, CAN I NUMBER THIS ONE?

YOUNG: YEAH. (INAUDIBLE) COPY.

BARBER: I DON'T WANT TO WRITE ON (INAUDIBLE)

YOUNG: THAT'S FINE. I HAD TO DO

BARBER: I GOT IN TROUBLE UH FOR YEAH

YOUNG: YOU CAN WRITE ON IT, THIS IS YOURS.

BARBER: THIS ONE IS TEN?

YOUNG: YEAH.

BARBER: OH, NO, THIS ONE IS TEN?

YOUNG: YEAH.

BARBER: OKAY. HOLD ON, I'M GOING TO GO AHEAD AND NUMBER ELEVEN.

52 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: UH SO IN THIS ONE, YOU'RE DOING A

BARBER: OH YEAH. MMM .. HMM.

YOUNG: IDENTIFICATION OF PRIOR DISCIPLINE AND SO FORTH THAT PEOPLE HAD RECEIVED.

BARBER: OF THINGS THAT HAVE HAPPENED, YEAH.

YOUNG: WHO WAS THE MALE SERGEANT IN THIS CASE?

BARBER: HOYLAND. UHM, LET ME MAKE SURE THAT ONE rs HOYLAND BECAUSE

YOUNG: AND WHAT WAS HE DOING THAT HE WAS ABUSING SICK LEAVE?

BARBER: WELL FIRST I HAD COAD AND HOYLAND, AND COAD WAS. UHM, BUT NO ONE REALLY HAD

YOUNG: WHO WAS? COAD OR HOYLAND?

BARBER: COAD WAS.

YOUNG: OKAY. (INAUDIBLE)

BARBER: AND I WAS STAYING ON TOP OF THAT AND I WHEN I NOTICED, I COULD PROVE HE DID ONE TIME, HE DID SOMETHING A LITTLE DIFFERENT THAN HOYLAND, SO UHM I LET GREER KNOW AND THEN I WAS GOING TO COUNSEL HIM, BUT THEN HE GOT TRANSFERRED AND THEY SAID HIS NEW SUPERVISOR WAS GONNA TAKE CARE OF IT, BLAH BLAH BLAH. I COULD STILL COUNSEL HIM IF I WANTED TO, BUT HE WAS AWARE OF EVERYTHING, HE WAS GONNA TAKE CARE OF IT, I WAS LIKE THAT'S FINE AS LONG AS WHERE HE'S GOING IS GONNA STAY ON TOP OF IT LIKE I HAVE. SO I DIDN'T DO ANYTHING WITH COAD. WELL THEN I HAD HOYLAND AND MY OTHER SERGEANT KEPT CHANGING. LIKE I'D HAVE ONE FOR A MONTH AND THEY JUST, WERE ROTATING THE SERGEANT. SO UHM I THINK I ACTUALLY HAD UH DELARIAN WIGGINS DURING THIS TIME PERIOD THOUGH. UHM WHEN I STARTED NOTICING THINGS. WELL HE, IT WAS ONE DAY WHERE, AND I'VE GOT THIS ALL ON A CALENDAR SOMEWHERE, UHM ON WEEKENDS, WHEN WE WERE ON WEEKENDS, AND SO WE WOULD COME IN, AND WE USUALLY JUST, WE WOULDN'T USUALLY MEET AT THE PRECINCT, BECAUSE YOU DON'T MUSTER ON WEEKENDS. WE WOULD USUALLY, THE SUPERVISORS WOULD USUALLY JUST GO

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HAVE COFFEE OR BREAKFAST OR SOMETHING OR DEPENDING ON WHAT'S GOING ON. UHM, SO ME AND DELARIAN HAPPENED TO BOTH PULL UP AT THE PRECINCT AND UHM I HADN'T HEARD HOYLAND GIVE A TEN-EIGHT, AND I SAID, WE WERE CAR-TO-CAR, BUT NOT LIKE DOOR-TO-DOOR, YOU KNOW.

YOUNG: RIGHT.

BARBER: AND SO I SAID, IS, I DON'T KNOW WHAT TIME IT WAS. IT PROBABLY WAS SEVEN FIFTEEN OR SOMETHING SO, I SAID IS HOYLAND OFF TODAY OR SOMETHING? AND HE, HE RESPONDED, I THOUGHT HE SAID YES. SO BECAUSE I (INAUDIBLE) ALWAYS, I ALWAYS WENT IN AND LOOKED AT THE BOOK. BUT I HADN'T LOOKED AT THE BOOK YET SO I DIDN'T GO IN AND LOOK AT THE BOOK BECAUSE UHM WE ENDED UP FINDING A HOMICIDE VICTIM. SO WE HAD TO GO UP THERE TO CANTONMENT, I THINK IT WAS CANTONMENT, MOLINO, SOMEWHERE OUT IN THE WOODS IS A BODY ON THE SIDE OF THE ROAD. AND SO WE WERE TIED UP ON THAT FOR OF COURSE, A REALLY LONG TIME. SO LIKE THE END OF THE DAY OR EVEN PROBABLY THE NEXT DAY, I CHECKED THE BOOK, HE WASN'T IN THE BOOK TO BE OFF. SO I JUST, I THOUGHT DELARIAN HAD SAID YES, DIDN'T CHECK IT, SO HE BASICALLY DID NOT SHOW UP FOR WORK.

YOUNG: OKAY.

BARBER: AND UHM, IF I WOULD'VE KNOWN, I WOULD'VE CALLED HIM BUT I HAD NO CLUE, I JUST HONESTLY THOUGHT DELARIAN SAID YES, AND THEN I CHECKED THE BOOK AND HE WASN'T IN THERE. SO UHM THAT HAPPENED LIKE ANOTHER TIME AND I, I TALKED TO HIM AT ONE POINT AND HE GOT VERY PISSY IS THE ONLY WORD I CAN USE FOR IT. I CAN'T THINK OF ANYTHING NICER. BUT I SAID, LOOK, HE SAID, SOMETHING ABOUT I TELL DELARIAN OR SOMETHING AND I SAID, DELARIAN IS NOT YOUR SUPERVISOR AND I SAID, LOOK, IF YOU JUST PUT IT IN THE BOOK I DON'T CARE WHEN YOU TAKE OFF. IF YOU PUT IT IN THE BOOK, HE, THEY KNEW I CHECKED THE BOOK, YOU KNOW THERE WON'T BE A PROBLEM AND I SAID JUST PUT IT IN THE BOOK. AND SO HE DID IT ONE MORE TIME AFTER THAT AND IT SEEMED LIKE EVERY TIME IT WAS A WEEKEND DAY WHEN I DIDN'T GO IN AND LOOK AT THE DARN BOOK.

YOUNG: RIGHT.

BARBER: SO I DIDN'T KNOW UNTIL LATER. AND THEN UHM, I HAD, I BROUGHT THIS UP TO GREER AND STUFF AND I THINK IT WAS BACK THEN THEY WERE MAKING US DO THESE DISCIPLINE PACKETS. WE HAD TO

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REQUEST TO GIVE DISCIPLINE. SO WE HAD TO WRlTE UP EVERYTHING WE HAD. I DID THAT, SENT IT TO BAIN, BUT ALSO HE HAD UHM, HE, HE WAS USING SICK LEAVE AND YOU KNOW, HE GETS THESE, HAS AN ISSUE, SO HE TAKES OFF A LOT FOR THAT. UHM, I HAD HEARD OF ONE TIME HE WENT ON A GIG AND HE WAS THROWING UP IN THE BUSHES BECAUSE OF HIS PROBLEM AND UHM, BUT HE WAS STILL WORKING HIS GIG. BUT HE WOULDN'T COME INTO WORK. SO UHM, NOT THAT SAME DAY, I'M JUST SAYING, THAT HE'D TAKE OFF A LOT FOR THAT. SO THEN UHM, WHEN THEY WOULD USE SICK LEAVE, I WOULD LOOK TO SEE, DID THEY CALL IN SICK. I ALWAYS WOULD GO BACK AND CHECK MY CALENDAR, I HAD EVERYTHING IN IT. UHM, DID THEY CALL OUT SICK, WERE THEY OUT SICK FOR A DOCTOR'S APPOINTMENT, THAT KIND OF THING. WELL IT WAS, WELL HE, ONE TIME HE WAS SCHEDULED OFF ON VACATION, AND UHM, OR HE CALLED IN SICK I THINK ONE TIME AND HE HAD BEEN OUT UH, YOU KNOW CLIMBING THE MOUNTAINS WITH A BUNCH OF GUYS FROM WORK. AND THEN ANOTHER TIME UHM, AND I, I THINK MAYBE THAT WAS LIKE THE END OF THE TRIP OR THE DAY HE WOULD'VE UHM BEEN COMING BACK, SO I WAS LIKE, WELL THAT'S KIND OF IFFY, I CAN'T PROVE HE WASN'T SICK THAT DAY OR WHATEVER. SO THEN HE DID IT AGAIN, ANOTHER WEEK WHERE HE PUT IN SICK LEAVE AND HE WAS ON THE BOOK TO BE OFF I THINK AND I LOOK ON F ACEBOOK AND HE'S POSTING ALL THESE PICTURES OF HIM DRIVING TO NEW ORLEANS AND SIGHTSEEING ALL OVER NEW ORLEANS. I'M LIKE, YOU CAN'T USE SICK LEA VE. SO LOW AND BEHOLD, UHM HE HAD BEEN TRANSFERRED TO THE SOUTH END UHM ABOUT THAT TIME WHEN I GOT THE LETTER TOGETHER AND THEY TOLD ME TO GO TALK TO HIM OR WHATEVER. I SENT, I SENT THE PACKET TO GREER TO BAIN, WHOEVER IT WENT TO BACK THEN. AND UHM, SO HE ENDED UP BRINGING IN A DOCTOR'S NOTE, WHICH HE CAN GET WHENEVER HE WANTS. BUT THAT HAD NOTHING TO DO WITH HIM NOT SHOWING UP. I SAID, LOOK HE JUST DIDN'T SHOW UP FOR WORK. THEY WOULDN'T LET ME PUNISH HIM. SO

YOUNG: OKAY.

BARBER: AND IT, AND I HEARD THAT IT WAS BAIN AND CHIEF HAINES.

YOUNG: LET'S BACK UP

BARBER: (INAUDIBLE) INFORMATION.

YOUNG: FIRST TO CHRIS COAD.

BARBER: OH

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YOUNG: NOW YOU SAID CHRIS COAD, YOU WERE HAYING PROBLEMS WITH HIM BEING SICK AND

BARBER: WELL BURN, HE WAS BURNING HIS LEA VE DOWN TO LIKE NOTHING. AND HE WOULD TRY TO USE SICK LEAVE AND I'D MADE HIM CHANGE IT. I'M LIKE, YOU WEREN'T SICK THAT DAY. YOU ASKED OFF. OH OKAY, MY BAD MAN, I'LL, I'LL TAKE CARE OF IT AND HE'D FIX IT. SO

YOUNG: AND WHO WERE YOU CORRESPONDING WITH THAT WAS IN A LEADERSHIP ROLE REGARDING HIS USE OF SICK LEA VE AND WRITING HIM UP AND THE PROBLEMS YOU WERE HA VINO WITH HIM?

BARBER: THAT I BELIEVE WAS GREER. I THINK GREER HAS BEEN THE, THE ONE IN CHARGE THE WHOLE TIME I'VE BEEN UP THERE I THINK.

BARBER: RIGHT, RIGHT. BECAUSE HE TOLD ME, YOU CAN GO AHEAD AND COUNSEL HIM IF YOU WANT TO, BUT HIS NEW SUPERVISOR, I MEAN AFTER THOSE, LIKE HE WOULD CHANGE IT WHEN I TOLD HIM, BUT THERE WAS JUST ONE DAY THAT I CAUGHT HIM THAT HE DIDN'T CHANGE IT I THINK OR SOMETHING. IT'S BEEN SO LONG, THAT I CAN'T REMEMBER NOW. HE'S BEEN TRANSFERRED QUITE A WHILE AND UHM, AND THAT WAS IT. SO IT WASN'T TO THE POINT OF HOYLAND'S, WHEN HE GOT TRANSFERRED. SO

YOUNG: SO NOW WE'LL MOVE ON TO HOYLAND. YOU OBVIOUSLY HAD ISSUES WITH HIM NOT SHOWING UP FOR WORK.

BARBER: RIGHT.

YOUNG: AND AGAIN YOU WERE CORRESPONDING WITH GREER I'M ASSUMING.

BARBER: BAIN, WE HAD TO SEND THOSE DISCIPLINE PACKETS, I THINK THEY WENT TO BAIN.

YOUNG: BUT YOU GA VE IT TO TOM GREER FIRST.

BARBER: I EMAILED IT, SO I THINK HE, IT WAS BOTH OF THEM. AND I MIGHT'VE PRINTED IT OUT AND HANDED IT TO GREER, I DON'T KNOW, WE, I

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THINK WE DID A LITTLE BIT OF BOTH BACK THEN. IT WAS CONSTANTLY CHANGING.

YOUNG: OKAY. AND WHAT WAS YOUR RECOMMENDED DISCIPLINE FOR HIM?

BARBER: YOU WEREN'T ALLOWED, I DON'T, I DON'T THINK I WAS ALLOWED TO RECOMMEND AT THAT POINT. I THINK WE JUST WROTE IT UP. I DON'T REMEMBER. IT WOULD

YOUNG: (INAUDIBLE) DISCIPLINARY MATRIX IN PLACE

BARBER: NO, NO, NO, IT DIDN'T, IT DIDN'T GO THERE YET. YOU WROTE UP A PACKET OF WHAT YOU WERE LOOKING AT AND THEN YOU GAVE IT TO THEM AND THEN THEY TOLD YOU WHAT TO DO, INVESTIGATE IT MORE, WHATEVER. BECAUSE EVERY TIME

YOUNG: SO YOU WRITE ALL

BARBER: BECAUSE EVERY TIME, THE REASON WHY WE WERE TOLD WE WERE DOING THIS BECAUSE EVERY TIME WE WROTE SOMEONE UP, IF, SAY I WANT TO WRITE 'EM A WRITTEN REPRIMAND OR SOMETHING, I'D WRITE 'EM UP, IT'D GO UP THROUGH GREER, AND GO UP THROUGH BAIN OR WHO, YOU KNOW ALL THE LITTLE STEPS, IT'D GET TO THE CHIEF AND THE CHIEF WOULD KICK IT BACK DOWN EVERY TIME. AND BAIN SAID, FROM WHAT I HEARD, THAT WE'RE TIRED OF IT GOING BACK AND FORTH, BACK AND FORTH, THEY'D RE-DO IT, THEY'D SEND IT UP, ONE DAY SUSPENSION, WHATEVER, YOU KNOW AND HE'D SEND IT BACK DOWN. NO, I DON'T AGREE WITH THAT. AND IT KEPT GOING BACK AND FORTH, BACK AND FORTH, TO THE POINT THEY WERE FRUSTRATED AND THEN SAID, WE'RE JUST GONNA WRITE DISCIPLINE PACKETS. HE'S GONNA TELL US WHAT HE WANTS TO DO WITH IT.

YOUNG: WHEN WAS THE TIME FRAME FOR THIS?

BARBER: OH GEEZ, I GOT THE CALENDAR BOOK, UH I DON'T, UH, I DON'T KNOW, RIGHT BEFORE HE GOT TRANSFERRED. UHM MAYBE SEVEN, TWO THOUSAND EIGHTEEN, TWO THOUSAND SEVENTEEN. I DON'T KNOW.

YOUNG: OKAY. SO YOU WRITE UP YOUR FACTS

BARBER: MMM .. HMM.

YOUNG: TO CAPTAIN GREER. HE THEN SENDS IT TO BAIN

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BARBER: OR I THINK IT'S SENT UP TOGETHER. I THINK THEY GET IT TOGETHER.

YOUNG: WHO TOLD YOU THAT CHIEF HAINES SAID YOU COULD NOT DISCIPLINE HIM?

BARBER: EVERYTHING CAME BACK DOWN TO GREER.

YOUNG: SO DID TOM GREER TELL YOU THAT CHIEF HAINES SAID YOU COULD NOT DISCIPLINE HIM?

YOUNG: YEAH, AND THE REASON THEY'RE SA YING YOU COULD NOT WRITE HIM UP IS BECAUSE HE HAD THE DOCTOR'S NOTE?

BARBER: YES. BUT AS FAR AS I KNOW, THE DOCTOR'S NOTE WAS ONLY FOR THE TRIP TO NEW ORLEANS. UHM

YOUNG: DID YOU WRITE IT UP TO COMBINE ALL OF HIS ABSENCES

BARBER: YES. I BELIEVE I PUT

YOUNG: INTO ONE GROUP.

BARBER: YEAH. I, AS FAR AS I RECALL I LISTED THE DATES AND WHAT HAPPENED (INAUDIBLE)

YOUNG: AND HE ONLY HAD A DOCTOR'S NOTE FOR THE

BARBER: I DON'T KNOW. I NEVER GOT TO SEE IT. IT WENT TO H.R. IT WAS TAKEN CARE OF ABOVE MY HEAD. AND, AND HOYLAND WAS ON THE SOUTH END THEN, SO HE WOULD'VE BEEN UNDER LISA DIXON HALL, I DON'T KNOW WHAT SHE WAS THEN. UHM SO AT THAT TIME

YOUNG: SO THEN WOULD IT BE ACCURATE TO SAY THAT TOM GREER IS THE ONE THAT TOLD YOU THAT IT CAME DOWN FROM THE UPPER CHAIN

BARBER: RIGHT.

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YOUNG: THAT YOU COULD NOT WRITE HIM UP BECAUSE HE HAD A DOCTOR'S NOTE.

BARBER: RIGHT.

YOUNG: NOW, IF HE HAS A DOCTOR'S NOTE, I MEAN WE CAN'T WRITE SOMEBODY UP FOR THAT. I MEAN, YOU AGREE WITH THAT RIGHT?

BARBER: RIGHT.

YOUNG: OKAY.

BARBER: BUT I DON'T, I, I DON'T KNOW HOW HE COULD'VE GONE BACK AND SAID ON ALL THESE DATES THAT I JUST DIDN'T, HE STILL HAD THE RESPONSIBILITY TO CALL ME AND TELL ME HE WASN'T COMING IN. HE NEVER DID.

YOUNG: OH, I AGREE.

BARBER: HE NEVER DID ANYTHING. SO AND WHEN WE'VE, THEY, AT THIS AGENCY THEY'VE GOTTEN PEOPLE FOR ABUSING THEIR SICK LEA VE FOR WAY LESS THAN THAT. UHM, SHOWING YOU ON A TRIP TO NEW ORLEANS, YOU KNOW.

PITTMAN: WELL, I'VE GOT A QUESTION. DO YOU HAVE ANY DIRECT KNOWLEDGE OF CHIEF HAINES UH GIVING ANYBODY A DIRECT ORDER TO TELL THEM THAT YOU'RE NOT GONNA DISCIPLINE HIM?

BARBER: I COULDN'T HA VE THAT IF I WAS NOT PRESENT FOR IT, SO I DON'T KNOW, OF COURSE NOT.

PITTMAN: IT'S A SIMPLE, IT'S A SIMPLE QUESTION.

BARBER: I WASN'T, I WAS JUST TOLD THAT THROUGH MY CHAIN.

PITTMAN: OKAY. SO CAPTAIN GREER TOLD YOU THAT?

BARBER: YEAH.

PITTMAN: OKAY.

BARBER: AND I THINK HE HEARD IT FROM BAIN. YOU'D HA VE TO ASK EACH OF THOSE.

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YOUNG: SO HAVE, DID YOU EVER WRITE MIKE HOYLAND UP WHEN HE WAS ON YOUR SHIFT FOR ANYTHING?

BARBER: NO. I DON'T THINK SO. UHM AND I DON'T, UNLESS HE HAD AN ACCIDENT OR SOMETHING. I CAN'T THINK OF

YOUNG: RIGHT.

BARBER: ANYTHING ELSE.

YOUNG: DID YOU EVER WRITE CHRIS COAD UP?

YOUNG: SO THE OTHER TIMES YOU WERE ABLE TO DISCIPLINE YOUR SERGEANTS, DID YOU EVER ENCOUNTER ANY RESISTANCE OR DIRECT ORDERS THAT YOU WERE NOT ALLOWED TO WRITE THEM UP?

BARBER: NO.

YOUNG: ONLY IN THIS SITUATION.

BARBER: RIGHT.

YOUNG: OKAY. YOU REFERENCED PROGRESSIVE DISCIPLINE IN THERE, ARE YOU ENCOMPASSING THE PROGRESSIVE DISCIPLINE

BARBER: WHERE ARE WE AT?

YOUNG: SAME PARAGRAPH.

BARBER: OKAY.

YOUNG: ARE YOU ENCOMPASSING THAT TERMINOLOGY IN HOYLAND'S BECAUSE IT WAS

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SPECIFIC WORDING SO YOU CAN'T GET HIM FOR INSUBORDINATION. PEOPLE HA VE BEEN GOTTEN AND CHARGED, CHARGED WITH INSUBORDINATION FOR WAY LESS THAN THAT TOO. AND UHM SO I DID COUNSEL HOYLAND ON THAT.

YOUNG: OKAY.

BARBER: UHM

YOUNG: DO YOU REMEMBER WHAT THAT, AND THAT'S WHERE I WAS KIND OF

BARBER: OH YES.THAT'S WHAT THAT WAS ABOUT, SO I WAS TOLD I COULDN'T PROCEED WITH PROGRESSIVE DISCIPLINE OR CHARGE HIM WITH INSUBORDINATION BECAUSE I DIDN'T HA VE SPECIFIC WORDING IN THERE, BUT IT SAYS IN THERE, ANY FUTURE WHATEVER, YOU KNOW, WILL BE CONSIDERED, I DON'T KNOW, I DON'T REMEMBER WHAT IT SAID. BUT, YOU KNOW. SO I'M LIKE, WHAT, DID I HA VE TO EXPLAIN YOU'LL BE CHARGED WITH INSUBORDINATION IF YOU DO IT AGAIN? I, I DON'T KNOW WHAT THEY WANTED. SO I PUT IN THERE WHAT THEY TOLD US TO WRITE, SO

YOUNG: OKAY. SO THEN YOU WERE SUCCESSFUL IN WRITING HIM UP FOR THE FIRST

BARBER: INITIAL THING.

YOUNG: SICK LEA VE ABUSE, I'M ASSUMING.

BARBER: RIGHT.

YOUNG: AND THEN IT WAS THE SECOND ONE THAT YOU WANTED TO DO

BARBER: IT, IT WASN'T SICK LEA VE ABUSE. IT WAS NOT SHOWING UP FOR WORK. AND THEN WHEN HE DID IT AGAIN, I WASN'T.

YOUNG: OKAY. AND I CAN PROBABLY PULL ALL THAT AND READ (INAUDIBLE) SPECIFICALLY AND IT WILL MAKE SENSE.

BARBER: YEAH. IT'S (INAUDIBLE)

YOUNG: BUT IN ANY OF THESE, YOU DIDN'T HA VE ANY DIRECT COMMUNICATION WITH CHIEF HAINES

BARBER: NO.

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YOUNG: AND HEARD HIM TELL YOU YOU CANNOT DO PROGRESSIVE DISCIPLINE OR YOU CANNOT DISCIPLINE HIM THIS WAY?

BARBER: NO. NOT FROM HAINES HIMSELF.

PITTMAN: WE'VE BEEN AT IT ABOUT AN HOUR AND TWENTY-NINE MINUTES. WHY DON'T WE TAKE A BREAK AND STRETCH OUR LEGS

BARBER: TAKE IT BECAUSE I NEED TO STRETCH MY LEGS.

PITTMAN: IF THAT'S OKAY. I'M GOING TO GO AHEAD AND STOP THE RECORDER

BARBER: OKAY.

PITTMAN: AND WE'LL START IT AGAIN.

YOUNG: I'M GOOD WITH THAT TOO.

PITTMAN: UHM, OKAY ARE YOU GOOD WITH THAT?

BARBER: YES.

PITTMAN: YEAH, LET'S DO THAT.

YOUNG: WE'LL GO OFF

BARBER: BECAUSE MY BACK IS KILLING ME SITTING IN THESE CHAIRS.

YOUNG: AT ELEVEN FORTY-NINE (11:49). ***BREAK***

***INTERVIEW RESUMES***

PITTMAN: OKAY, WE'RE GONNA AHEAD AND GO BACK ON THE RECORD. IT IS TWELVE FIFTY-FOUR (12:54).

BARBER: OKAY. SO I TALKED TO MY ATTORNEY WHILE I WAS ON BREAK. UHM AND I JUST HA VE A STATEMENT TO MAKE. UHM, IS IT ON?

PITTMAN: IT'S, IT'S ON RECORDING AND WHO IS YOUR ATTORNEY YOU SPOKE WITH? YOU SAID YOU TALKED TO YOUR ATTORNEY. IS IT ATTORNEY, YOUR ATTORNEY OF RECORD?

BARBER: YES.

PITTMAN: OKAY.

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RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

BARBER: UH, UHM, SO WHAT

YOUNG: WHO IS THE ATTORNEY?

BARBER: WEBSTER.

YOUNG: I DON'T KNOW. STEPHEN WEBSTER.

BARBER: I HAVE TWO. HE'S ONE OF THEM.

PITTMAN: WEBSTER AND BAPTISTE?

BARBER: BAPTISTE. YES. I THINK BAPTISTE WAS OUT OF THE COUNTRY. I DON'T KNOW IF HE'S STILL OUT OF THE COUNTRY OR NOT.

PITTMAN: (INAUDIBLE) BUT GO AHEAD. GO AHEAD IF YOU'VE GOT SOMETHING TO SAY.

BARBER: UHM, OKAY, SO UHM THE ONLY REASON WHY BECAUSE WE HAD SET UP, WE WERE GOING TO BE INTERVIEWED WITH H.R. OVER THIS INCIDENT AND HEWAS GOING TO COME. SO THEN THEY CANCELLED AT THE LAST MINUTE AND UHM, AND THEN THIS HAPPENED TODAY WHICH I WAS NOT AW ARE OF WAS GOING TO HAPPEN. NO ONE TOLD ME THIS WAS GONNA HAPPEN. UHM SO ANYWAY, SO I CALLED HIM TO LET HIM KNOW THAT WE WERE HAVING THE INTERVIEW TODAY AND UHM

PITTMAN: NOW HE KNEW IT WAS JUST THAT YOU WERE INTERVIEWED AS A COMPLAINANT AND A WITNESS, CORRECT? NOT THAT YOU WERE A SUBJECT OFFICER OR ANYTHING LIKE THAT?

BARBER: RIGHT. SO

PITTMAN: OKAY.

BARBER: THE ONLY REASON WHY I AGREED TO THIS INTERVIEW, IS THAT AS A WITNESS YOU HAVE ADVISED ME THAT I WOULDN'T BE FACING ANY KIND OF PUNISHMENT, UHM LET'S SEE, DEMOTIONS, SUSPENSION OR TERMINATION FOR ANY OF MY RESPONSES TO THESE QUESTIONS TODAY.

YOUNG: CORRECT. YOU'RE JUST THE COMPLAINANT.

BARBER: OKAY.

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RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: YOU ARE

BARBER: SO I AM PROTECTED BY ONE TWELVE, FIVE THIRTY-TWO (112.532) RIGHT?

PITTMAN: AND IT'S UH, NOW THIS IS NOT A 112 ISSUE, THIS IS A

BARBER: WELL I HA VE ALREADY REQUESTED

PITTMAN: YOU ARE, YOU ARE, YOU ARE A COMPLAINANT IN A (INAUDIBLE)

BARBER: RIGHT. AND YOU'RE SA YING IT DOESN'T APPLY.

PITTMAN: WELL I'M SAYING THAT THE COLONEL IS COMPELLING YOU TO ANSWER THE QUESTIONS ON PART OF THIS LETTER THAT

BARBER: RIGHT.

PITTMAN: IS PERCEIVED AS A COMPLAINT.

BARBER:: AND THEREFORE, THAT I CANNOT BE SUSPENDED, DEMOTED, OR

YOUNG: WELL, LET'S DO THIS. OKAY. LIEUTENANT BARBER, THIS INTERVIEW, IS STRICTLY BASED ON YOUR SERIOUS ALLEGATIONS AND COMPLAINT AGAINST CHIEF HAINES. YOU ARE THE COMPLAINANT, AND YOU ARE A WITNESS. THERE IS NOTHING DISCIPLINE RELATED TO THIS CIRCUMSTANCE RIGHT NOW THAT WE'RE TALKING ABOUT.

BARBER: OKAY.

YOUNG: THIS DOESN'T HAVE ANYTHING TO DO WITH ANYTHING ELSE GOING ON

BARBER: BUT YOU DO KNOW HOW THAT LETTER CAME ABOUT IS THIS IS FROM MY ONGOING INVESTIGATION. THAT IS WHERE THAT'S FROM. IT'S KIND OF INAPPROPRIATE TO BE USING THAT RIGHT NOW. OKAY, AND BEING THAT I'VE ALREADY

YOUNG: (INAUDIBLE) GIVE A SECOND

BARBER: I'VE ALREADY REQUESTED A COMPLIANCE REVIEW BOARD. EVERYONE HERE AT THE SHERIFF'S OFFICE KNOW THAT PRETTY MUCH.

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YOUNG: MMM.. HMM.

BARBER: UHM, TO GO ON WITH THIS, I FEEL IS VIOLATING MY RIGHTS UNDER THAT REQUEST BECAUSE IT HASN'T BEEN GRANTED YET. UHM, IT'S VIOLATING MY RIGHTS UNDER THAT SECTION, ONE TWELVE POINT FIVE THREE FOUR (112.534), BEING THAT, YOU SHOULD NOTIFY THE SHERIFF AT THIS POINT THAT I FEEL LIKE THIS IS CONTINUED VIOLATION OF THAT BECAUSE THAT HAS STILL NOT BEEN ADDRESSED. AND I DON'T THINK THAT THIS INTERVIEW SHOULD CONTINUE.

YOUNG: OKAY. I WANT TO JUST CLARIFY ONE HUNDRED PERCENT THAT THIS HAS NOTHING TO DO WITH YOU OR ANY DISCIPLINE OR ANY PRIOR DISCIPLINE OR INVESTIGATIONS THAT YOU ARE UNDER AS SUBJECT OFFICER. I AM ACTING AS INTERNAL AFFAIRS INVESTIGATOR REGARDING THE EGREGIOUS COMPLAINTS THAT ARE SERIOUS IN NATURE TOWARDS CHIEF ERIC HAINES. YOU ARE COMPELLED TO ANSWER THE QUESTIONS AND YOU ARE COMPELLED TO GIVE ANY OF THE FACTS AND INFORMATION THAT YOU HA VE.

BARBER: OKAY. I JUST WANT IT ON RECORD THAT I REQUESTED THAT.

YOUNG: AND I APPRECIATE THAT, BUT WE'RE NOT TALKING ABOUT ANY OF YOUR ISSUES WHERE YOU'RE THE SUBJECT OFFICER. SO WITH THAT, DO YOU WANT TO CONTINUE WITH THIS?

BARBER: I WANT YOU TO NOTIFY THE SHERIFF THAT I THINK IT'S A VIOLATION AND THAT UHM, I WANT A COMPLIANCE REVIEW BOARD THAT I'VE ALREADY REQUESTED.

YOUNG: I'M NOT GOING TO NOTIFY THE SHERIFF OF

BARBER: OKAY.

YOUNG: YOUR REQUEST FOR A COMPLIANCE REVIEW BOARD. THIS IS A DIRECT ORDER

BARBER: OKAY.

YOUNG: FROM ME TO YOU, TO CONTINUE WITH THE INTERVIEW AND ANSWERING THE QUESTIONS THAT I HAVE.

BARBER: DID I SET DOWN A PIECE OF PAPER, I BROUGHT SOMETHING.

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RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: UH

BARBER: AND I CAN'T FIND IT. I FOLDED IT UP.

YOUNG: YOU HAD, YOU CAME IN WITH YOUR NOTEBOOK. (INAUDIBLE)

BARBER: I KNOW AND I RAN IN, IN THE RAIN.

YOUNG: BUT I DIDN'T SEE ANYTHING ELSE THAT YOU SET DOWN OR THAT YOU DROPPED.

BARBER: ALRIGHT. WELL HOPEFULLY IT'S NOT OUT IN THE HALL.

YOUNG: YEAH, I MEAN, BUT YOU HA VE SOME PAPERS IN THERE AND IT MIGHT BE.

BARBER: NO. IT'S NOT COMING OUT. OKAY. OH WELL, IT WAS

YOUNG: (INAUDIBLE)

BARBER: THE LETTER FROM THE CHIEF I WAS GOING TO GIVE TO YOU.

YOUNG: OH, OKAY.

BARBER: I HAD THAT IN MY CAR. BUT I DON'T, I GUESS I DROPPED IT.

PITTMAN: OKAY. WE NEED TO ANSWER THE QUESTION THAT THE COLONEL ASKED YOU. THE QUESTION

BARBER: WHAT'S THE QUESTION NOW?

PITTMAN: ARE YOU REFUSING TO ANSWER ANYMORE QUESTIONS?

BARBER: NO. I'M NOT REFUSING TO ANSWER. I JUST WANT IT ON RECORD THAT WHAT MY REQUEST IS.

YOUNG: OKAY.

BARBER: AND YOU SAID YOU REFUSED TO GRANT IT, THAT'S FINE.

PITTMAN: NOW DID

YOUNG: THIS ISN'T ANYTHING TO DO WITH YOUR

BARBER: I KNOW

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YOUNG: YOUR I.A. OR ANY INVESTIGATION

BARBER: (INAUDIBLE)

YOUNG: OR

BARBER: ALTHOUGH

YOUNG: ANYTHING LIKE THAT.

BARBER: JUST SO YOU'RE CLEAR, THIS IS FROM MY INVESTIGATION AND IT'S STILL ONGOING. AND SO IS

YOUNG: WELL

BARBER: BOTH OF THEM ARE FROM THAT.

YOUNG: AND I AM HERE TO STRICTLY TALK ABOUT THE COMPLAINTS AGAINST CHIEF HAINES.

BARBER: OKAY.

YOUNG: AND THE GENDER BIASED COMPLAINTS THAT ARE SERIOUS IN NATURE.

PITTMAN: THAT ARE CONTAINED IN, IN THAT (INAUDIBLE)

BARBER: RIGHT, THEY ARE CONTAINED IN THAT.

YOUNG: SO I MEAN, I, I UNDERSTAND THAT IT IS CONTAINED IN THAT LETTER BECAUSE OF THE OTHER THINGS, BUT EITHER WAY, THOSE FACTS HA VE BEEN BROUGHT TO THE TABLE, AND THEY HA VE BEEN IDENTIFIED NOW AS A COMPLAINT, AND I HAVE TO CONTINUE FORWARD WITH THIS.

BARBER: RIGHT. AND I'M, I'M SURE IT WAS SCHEDULED WHERE I WOULDN'T KNOW IT WAS GOING TO HAPPEN FOR A PARTICULAR REASON. BUT

YOUNG: WELL I MEAN, THERE'S NOTHING (INAUDIBLE)

BARBER: YOU PROBABLY HAD NO PART IN THAT. BUT

PITTMAN: WERE, WERE YOU OUT OF TOWN LAST WEEK LIEUTENANT?

67 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: YES.

PITTMAN: OKAY. IS TODAY YOUR FIRST DAY BACK?

BARBER: YES.

PITTMAN: OKAY.

BARBER: LAST TIME IT WAS SCHEDULED.

YOUNG: OKAY. SO LET'S GET REGROUPED HERE AND WE'RE GOING TO CONTINUE TO PRESS FORWARD.

PITTMAN: LAST, LAST TIME, THE LAST TIME YOU FILED THE COMPLAINT?

BARBER: NO. THE LAST TIME I WAS SUPPOSED TO BE TALKING TO H.R. AND THEN SHE CANCELLED LAST MINUTE.

PITTMAN: OKAY.

BARBER: KNOWING MY ATTORNEY WAS ON THE WAY.

YOUNG: WELL

BARBER: BUT THEN, THEN I COME INTO WORK AND I'M HERE.

PITTMAN: YOU ASSUMED THEY CANCELLED BECAUSE YOUR ATTORNEY WAS ON THE WAY

BARBER: NO. I MEAN

PITTMAN: THEY TOLD YOU THEY (INAUDIBLE)

BARBER: I NEVER SAID SHE CANCELLED BECAUSE

YOUNG: WE'RE GOING TO STOP RIGHT HERE. I, I'M NOT A WARE OF ANY OF THAT. YOU'RE HERE

BARBER: RIGHT. YOU DON'T KNOW OF THAT. SO

YOUNG: WITH ME, WE'RE GOING TO CONTINUE TO PRESS FORWARD. WE WERE ON PARAGRAPH TEN, AND THAT IS WHERE WE WERE KIND OF DISCUSSING SERGEANT HOYLAND AND SERGEANT COAD AND THE WHOLE

68 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: UH THEN WE WENT TO (INAUDIBLE)

YOUNG: YEAH, WE'RE STILL ON, WE'RE STILL AT TEN. WE HAVEN'T GOTTEN TO ELEVEN YET. UH, I DID WANT TO ASK, YOU SAID THAT UH SERGEANT COAD AND HOYLAND WERE TRANSFERRED. DO YOU KNOW WHO WAS THE INITIATOR OF THOSE TRANSFER ORDERS?

BARBER: I HAVE NO CLUE. COAD WENT FIRST, BUT HE DIDN'T WANT TO BE ON THE NORTH END IN THE FIRST PLACE, SO

YOUNG: WERE THEY TRANSFERRED AGAINST YOU, UH LIKE AGAINST WHAT YOU WANTED OR WAS IT LIKE A HEY, WE'RE JUST GONNA SHOW HER AND TRANSFER THEM (INAUDIBLE)

BARBER: THEY JUST CAME OUT WITH TRANSFER ORDERS.

YOUNG: OKAY. SO IT WASN'T BECAUSE YOU WERE TRYING TO DISCIPLINE THEM OR ANYTHING OF THAT NATURE?

BARBER: I HAVE NO IDEA. THE ORDERS CAME OUT. WE DON'T USUALLY FIND OUT AHEAD OF TIME.

YOUNG: OKAY. WHO WOULD'VE BEEN BEHIND THE ORDERS?

BARBER: I HAVE NO IDEA.

YOUNG: WOULD IT HA VE BEEN THE CAPTAIN?

BARBER: WHAT DO YOU MEAN, BEHIND IT?

YOUNG: LIKE WHO WOULD'VE INITIATED THE TRANSFER ORDER?

BARBER: I DON'T KNOW. I, I WOULD ASSUME THEY PUT IN A REQUEST, MOST PEOPLE, MOST PEOPLE, LIKE DEPUTIES PUT IN A REQUEST. SO I DON'T KNOW. I'VE NEVER REQUESTED A TRANSFER, SO UHM, THEY MIGHT'VE REQUESTED IT. I, YOU WOULD HA VE TO ASK ALL OF THOSE PEOPLE.

YOUNG: OKAY.

BARBER: HOW I FIND OUT, OUT WHEN I GET THE EMAILS LIKE EVERYBODY ELSE OR SOMETIMES THEY LET YOU KNOW AHEAD OF TIME, HEY NEXT WEEK SOMEONE'S GETTING TRANSFERRED. BUT USUALLY WE READ THE EMAILS.

69 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: SO CAPTAIN GREER DIDN'T TELL YOU ANYTHING TO (INAUDIBLE)?

BARBER: NOT THAT I REMEMBER. I MEAN THAT'S BEEN YEARS.

YOUNG: CHIEF HAINES WANTED THEM TRANSFERRED FOR ANY PARTICULAR REASON?

BARBER: NO.

YOUNG: OKAY. UH, WHEN YOU DISCUSSED, WE HAD TALKED A LITTLE BIT ABOUT THE SICK NOTE FROM SERGEANT HOYLAND AND SO FORTH, HOW DO YOU KNOW SPECIFICALLY AGAIN THAT CHIEF HAINES WAS AW ARE OF THE INCIDENT?

BARBER: BECAUSE ALL OF THE DISCIPLINE PACKETS WENT ALL THE WAY UP TO THE CHAIN OF COMMAND AND BACK DOWN EVERY TIME WE SENT THEM.

YOUNG: ARE THOSE, WERE THEY DONE THROUGH LIKE A STAFF SUMMARY SHEET OR

BARBER: NO. WE SENT THEM TO BAIN. I DON'T KNOW WHAT HE DID WITH THEM AFTERWARDS. WE HAD TO SEND THEM TO THEM. I DON'T KNOW WHAT THEY DID WITH THEM.

YOUNG: SO IS THERE EVER ANYTHING WITH THE CHIEF'S SIGNATURE OR

BARBER: NO. I DON'T

YOUNG: INITIAL.

BARBER: I DON'T KNOW IF WE DID A STAFF SUMMARY SHEET. IT'S POSSIBLE. I MEAN

YOUNG: I JUST DON'T KNOW HOW THAT PROCESS WORKED

BARBER: BECAUSE WE DON'T DO THOSE ANYMORE

YOUNG: SO I DON'T KNOW

BARBER: YEAH, IT WAS NOT, IT WAS LIKE SIX MONTHS OF HELL PRETTY MUCH HONESTLY BECAUSE IT WAS A LOT OF WORK TO DO TO GET IT SENT BACK AND FORTH, AND THEN YOU MAY OR MAY NOT GET TO DO ANYTHING. SO WE DID A LOT OF WORK ON THOSE THINGS.

70 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: AND YOU SAID THAT BAIN EXPLAINED THE REASON YOU ALL WERE HAVING TO DO THAT WAS BECAUSE OF THE CHIEF'S

BARBER: WAS

YOUNG: ORDER?

BARBER: YES, I, I THINK BAIN TOLD US THAT IN LIKE ALIEUTENANT MEETING. BUT

YOUNG: AND IF THAT WAS SAID IN A LIEUTENANT MEETING, WHAT LIEUTENANTS WOULD'VE BEEN PRESENT? ALL THE LIEUTENANTS OR JUST NORTH

BARBER: PATROL, PATROL LIEUTENANTS.

YOUNG: OKAY.

BARBER: AND SOMETIMES ONE MAY OR MAY NOT BE THERE. SOMETIMES THEY'LL SEND SOMEBODY ELSE IN THEIR PLACE I GUESS, BUT I, MOST OF US TRY TO GO.

YOUNG: AND I KNOW I'M FISHING INTO A BIG HOLE, BUT DO YOU REMEMBER KIND OF THE DATE RANGE (INAUDIBLE)

BARBER: (INAUDIBLE)

YOUNG: NO? OKAY. AND WE CAN TRY TO TRACK THAT DOWN. UHM YOU MENTIONED IN YOUR LETTER THAT LAURA MONTOYA WAS TREATED THE SAME WAY WHEN SHE TRIED TO DISCIPLINE A MALE SUBORDINATE

BARBER: MMM .. HMM.

YOUNG: CAN YOU TELL ME WHAT HAPPENED IN THAT SITUATION?

BARBER: NO. YOU'LL HA VE TO TALK TO HER. I WASN'T THERE.

YOUNG: OKAY. BUT YOU PUT IT IN YOUR LETTER.

BARBER: RIGHT.

YOUNG: REFERENCING GENDER BIAS AGAINST YOU.

BARBER: RIGHT. WELL, YES, BECAUSE SHE TOLD ME THAT.

71 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: OKAY. DO YOU KNOW WHO THE MALE EMPLOYEE WAS?

BARBER: NOPE. I MEAN, I WANT TO SAY IT WAS GILMORE, BUT I'M NOT POSITIVE.

YOUNG: DID SHE, CAN YOU TELL ME ANYTHING ABOUT IT? LIKE WHAT HAPPENED? WHAT, I MEAN I'M ASSUMING THAT THEY WERE PROBABLY

BARBER: NO. BECAUSE

YOUNG: IN INVESTIGATIONS

BARBER: ALL THAT, I THINK THAT HAPPENED WITH HER WHEN I THINK SHE WAS OVER INVESTIGATIONS AT THE TIME.

YOUNG: OKAY. WERE YOU IN INVESTIGATIONS THEN?

BARBER: NOT AT THAT TIME. NNN .. NHN.

YOUNG: OKAY. SO YOU WEREN'T (INAUDIBLE) THEN?

BARBER: NO. I WAS, PROBABLY A SERGEANT ON PATROL. THAT'S WHY I NEVER REALLY HAD ANY, WASN'T INVOLVED IN THAT PART. AND THAT'S WHY I NEVER REALLY HAD CONTACT WITH HER. SHE USED TO BE A SUPERVISOR ON THE SHIFT LIKE OVERLAPPING ME, OR IT MIGHT'VE BEEN ON MONDAYS, I DON'T KNOW, BUT SHE USED TO BE A LIEUTENANT OR SERGEANT UP THERE TOO ON THE NORTH, AND I'D SEE HER OCCASIONALLY. BUT ONCE SHE CAME DOWN HERE, I DIDN'T EVER SEE HER UNTIL SHE WENT TO THE COURTHOUSE, THEN I'D SEE HER AT MEETINGS SO.

YOUNG: DID SHE EXPLAIN TO YOU HOW CHIEF HAINES WAS INVOLVED IN HER NOT BEING ABLE TO DISCIPLINE THE MALE EMPLOYEE?

BARBER: LIKE I SAID, I DIDN'T ASK HER A LOT OF QUESTIONS, THOSE QUESTIONS YOU WOULD HA VE TO ASK HER OR GET FROM HER, HER COURT CASE.

YOUNG: OKAY. YOU NEVER OBSERVED OR WITNESSED

BARBER: I, I DIDN'T WORK UP HERE THEN.

72 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: OKAY. AND YOU FEEL LIKE YOU WERE BEING GENDER BIASED, DISCRIMINATED BECAUSE OF THIS INCIDENT WITH SERGEANT HOYLAND AND THE DISCIPLINE?

BARBER: I DON'T KNOW WHY I WASN'T ALLOWED TO DISCIPLINE HIM, BUT I KNOW THAT HE WAS ALWAYS CONSIDERED A FAVORITE AND IT'S ALWAYS BEEN SAID PEOPLE TAKE CARE OF HIM. SO

YOUNG: WHO SAID HE WAS AFA VO RITE?

BARBER: EVERYBODY SAYS THAT.

YOUNG: AND WHO IS EVERYBODY?

BARBER: EVERYBODY. EVERYBODY YOU TALK TO. I, I CAN'T GIVE YOU SPECIFIC NAMES BECAUSE I'VE HEARD THAT FOR YEARS.

YOUNG: WHY WOULD HE BE CONSIDERED AFA VO RITE?

BARBER: I DON'T KNOW. I DON'T THINK HE DID A GOOD JOB FOR ME.

YOUNG: OKAY. ANY OTHER DESCRIPTIVE INCIDENTS YOU CAN GIVE ME AS TO HOW CHIEF HAINES WAS DISCRIMINATING AGAINST YOU ON THIS?

BARBER: ON THE HOYLAND THING, NO. UHM, HE WAS A WARE OF IT, SO AND SUPPOSEDLY HIM AND HOYLAND WERE GOOD FRIENDS; HAINES AND HOYLAND.

YOUNG: OKAY. ALRIGHT. THEN WE'LL, WE'LL MOVE ON NOW TO PARAGRAPH ELEVEN. AND IN THIS ONE, YOU INDICATED SEVERAL INCIDENTS CONCERNING MALE OFFICERS WITH UH RESPECT TO DISCIPLINE OR LACK OF DISCIPLINE. CAN YOU DESCRIBE TO ME LIKE ANY COMPARISONS?

BARBER: ARE YOU ON ELEVEN?

YOUNG: YES.

BARBER: HMM

YOUNG: THIS IS THE ONE WE'RE TALKING ABOUT

BARBER: ABOUT UNIT

73 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: YEAH. SO CAN YOU GIVE ME COMPARISONS OF HOW FEMALES WERE DISCIPLINED DIFFERENTLY VERSUS MALES IN SIMILAR SITUATIONS?

BARBER: I DON'T KNOW OF ANY COMPLAINTS ON FEMALES FOR THAT.

YOUNG: OKAY.

YOUNG: SO THERE WAS NO DISCIPLINE OR ANYTHING HANDED DOWN?

BARBER: THE ONLY THING I HEARD ABOUT WAS THEY GOT, THE SUPERVISORS GOT TRANSFERRED. IT DIDN'T HAPPEN RIGHT AWAY LIKE IS WHAT WE'RE SUPPOSED TO DO IS, THE SUPERVISOR IS SUPPOSED TO BE TRANSFERRED RIGHT AWA Y, IT DIDN'T HAPPEN. EVENTUALLY THEY WERE. AND THEN I HEARD THAT THEY'RE, AND I DON'T EVEN REMEMBER WHO I HEARD THAT FROM, SORRY. UHM BUT THAT THERE WAS A CLASS GIVEN IN H.R. TO ALL THE PEOPLE IN AND THERE WAS NO CLASS ROSTER, AND THAT WAS ANOTHER WAY THEY HANDLED THE SITUATION. AND I MIGHT'VE ACTUALLY HEARD THAT FROM CATHLEEN, WHO DOESN'T WORK HERE ANYMORE EITHER.

YOUNG: YOU HEARD IT FROM CATHLEEN?

BARBER: I DON'T KNOW WHERE SHE WAS WORKING AT THE TIME. SO

YOUNG: WELL I MEAN, I'M SORRY, BUT I HAVE TO SAY, CATHLEEN NEVER WORKED IN H.R. CATHLEEN WAS THE ADMINISTRATIVE

BARBER: WELL I KNOW THAT, NO, I KNOW THAT.

YOUNG: SECRETARY FOR

BARBER: I'M NOT SA YING SHE WORKED IN H.R.

YOUNG: AND THEN SHE WORKED AT THE GARAGE.

BARBER: SHE

YOUNG: PROBABLY THE KNOWLEDGE SHE HAD WOULD BE INNUENDO

74 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: RIGHT, FROM SOMEONE ELSE, YEAH.

YOUNG: OKAY.

BARBER: YEAH.

YOUNG: UHM

BARBER: BUT IT COULD'VE BEEN SOMEONE ELSE. I, I DON'T REMEMBER. IT WAS RECENTLY, BUT I DON'T REMEMBER WHO I TALKED TO. BECAUSE SHE WAS CALLING ME WHEN SHE WAS GOING THROUGH HER STUFF, YOU KNOW, LOOKING FOR REPS AND THINGS

YOUNG: OKAY. WELL, WHAT WAS IT THAT ACTUALLY TOOK PLACE THAT YOU KNOW OF IN

BARBER: WELL IT'S ALL ON FILE AND I READ IT, WHERE THEY WERE CLAIMING THAT THERE WAS THIS GAME BEING PLAYED WHERE THEY'D BRING UP A NAME AND SAY, WOULD YOU, I DON'T KNOW ALL THE WORDS THEY USED, SCREW HER, MARRY HER, WHATEVER, KIND OF GAME. AND THEY'D NAME A FEMALE THAT WORKED AT THE AGENCY OR WAS RELATED TO SOMEONE AT THE AGENCY OR SOMETHING LIKE THAT AND THEN YOU HAD TO RESPOND TO THAT QUESTION. AND THAT, ONE OF THE MALE INVESTIGATORS FILED A COMPLAINT, AND THEN

YOUNG: WAS HIS COMPLAINT THAT HE WAS BEING DISCRIMINATED AGAINST?

BARBER: NO. THAT IT WAS A HOSTILE WORK ENVIRONMENT.

YOUNG: OKAY.

BARBER: I MEAN THERE'S, USUALLY ONE FEMALE WORKING IN THERE, WHICH IS TO ME, JUST AN ACCIDENT WAITING TO HAPPEN. UHM SO AND I GUESS THESE GAMES WENT ON. IT DIDN'T MATTER WHO WAS AROUND.

YOUNG: AND WHAT DO YOU MEAN BY THAT COMMENT?

BARBER: THEY'RE, YOU WORKED IN THAT UNIT, YOU KNOW HOW, HOW IT WORKS, SO IT'S SAFETY IN NUMBERS. IF YOU HA VE ANOTHER FEMALE THERE, I THINK THEY HA VE SOMEONE THEY CAN RELATE TO AND, AND MAYBE THOSE THINGS WOULDN'T GO ON, YOU KNOW?

75 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: BUT ARE YOU INDICATING THAT A FEMALE IS NOT SAFE TO WORK AROUND IT OR NOT (INAUDIBLE)

BARBER: NOT, NOT SAFE, SAFE FROM THIS KIND OF JOKES AND THAT KIND OF STUFF. YOU KNOW I THINK THAT IF THE MALES ARE MAKING THOSE JOKES, AND IT'S ONE FEMALE IN THERE WORKING WITH THEM ALL THE TIME, THEY DON'T FEEL LIKE THEY CAN STAND UP FOR THEMSELVES OR SAY ANYTHING, A LOT OF THEM, NOW THERE'S SOME THAT WILL. BUT THERE'S MANY THAT WON'T AND SO IF YOU HAD ANOTHER FEMALE IN THERE, I DON'T THINK IT WOULD GO ON AS MUCH. IT'S JUST MY OPINIONS, YOU KNOW.

YOUNG: DID ANY OF THE FEMALES THAT WORKED THERE DURING THAT TIME FRAME COMPLAIN ABOUT THIS?

BARBER: I DON'T KNOW. I DON'T KNOW WHO WAS WORKING THERE THEN. I THINK IT KEPT CHANGING. I THINK THAT WAS WHEN THEY KEPT TRANSFERRING PEOPLE IN AND OUT.

YOUNG: YOU SAID THAT YOU READ SOMETHING ON THIS, DID YOU

BARBER: YEAH, IT'S A LONG

YOUNG: WHAT DID YOU READ?

BARBER: SOME LETTER THAT THE MALE INVESTIGATOR SENT. I DON'T REMEMBER HIS NAME BECAUSE I DON'T KNOW HIM.

YOUNG: HOW DID YOU READ THAT LETTER?

BARBER: IT WAS SENT TO ME.

YOUNG: HOW?

BARBER: BY SOMEBODY THAT DOESN'T WORK HERE ANYMORE.

YOUNG: AND WHO WAS THAT?

BARBER: UH, I, I BELIEVE PHILIP NIX GA VE IT TO ME, HE DID A PUBLIC RECORDS REQUEST FOR IT.

YOUNG: AND IN THIS LETTER, DID THE MALE OFFICER COMPLAIN OF A HOSTILE WORK ENVIRONMENT BECAUSE HE FELT IT WAS HOSTILE

76 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

ENVIRONMENT TOWARDS HIM PERSONALLY OR WAS HE DOING ON BEHALF OF OTHER OFFICERS

BARBER: I DON'T KNOW, THE LETTER IS, THE LETTER IS ON FILE. I DON'T REMEMBER EVERYTHING IT SAID AND I JUST SKIMMED THROUGH A LOT OF IT BECAUSE IT'S SO LONG.

YOUNG: AND I CAN APPRECIATE THAT IT'S ON FILE. HOWEVER, YOU USED THIS REFERENCE IN YOUR LETTER

BARBER: RIGHT.

YOUNG: OF THE COMPLAINT AGAINST THE CHIEF.

BARBER: BECAUSE I KNOW YOU GUYS CAN PULL IT UP

YOUNG: AND

BARBER: AND YOU HA VE TO PUT THAT DOCUMENT IN IT, SO IT'D BE BEST TO HAVE THE SOLID ROCK, THE, YOU KNOW THE HARD COPY RATHER THAN GO BY MY MEMORY OF WHAT I READ.

YOUNG: RIGHT. BUT IT'S IMPORTANT THAT YOU EXPLAIN TO US HOW YOU WERE AFFECTED BY THIS

BARBER: RIGHT. BUT IT HAS, THIS HAS NOTHING TO DO WITH HAINES THAT I KNOW OF.

77 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: CORRECT.

BARBER: SO THESE ARE THE THINGS THAT I TOLD HIM.

YOUNG: BECAUSE I'M SURE I DON'T HAVE TO TELL YOU, BUT THERE IS A POLICY IN PLACE THAT SAYS THAT IF YOU ARE AWARE OF ANY HARASSMENT, ESPECIALLY AS A SUPERVISOR

BARBER: RIGHT.

YOUNG: YOU HA VE A DUTY TO REPORT IT.

BARBER: THIS WAS REPORTED.

YOUNG: OKAY.

BARBER: I LEARNED ABOUT IT AFTER THE FACT.

YOUNG: AND SO BACK TO THIS, YOU'RE NOT A WARE THEN IF THERE WAS ANY DISCIPLINE OTHER THAN WHAT YOU HEARD BY A RUMOR AND INNUENDO.

BARBER: IT SAYS THEY RECEIVED LETTERS OF REPRIMAND.

YOUNG: OKAY. AND DO YOU KNOW IF CHIEF HAINES WAS INVOLVED IN THE DISCIPLINE?

BARBER: WELL HE'S OVER I.A. AND HE'S INVOLVED IN ALL OF DISCIPLINE (INAUDIBLE) AND HE HAS TO SIGN OFF ON IT THROUGH THE STAFF SUMMARY SHEET, SO I KNOW HE WAS AT LEAST A WARE OF IT.

YOUNG: DO LETTERS OF REPRIMAND GO ON A STAFF SUMMARY SHEET?

BARBER: UHM, I DON'T KNOW ABOUT THOSE. BUT ANYTHING HANDLED THROUGH I.A. THERE'S A SUMMARY SHEET SENT.

YOUNG: DID THIS GO TO INTERNAL AFFAIRS?

BARBER: I DON'T KNOW.

78 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: SO THEN

BARBER: I WOULD ASSUME BECAUSE IT'S A SEXUAL, IT'S A HOSTILE WORK ENVIRONMENT AND SEXUAL DISCRIMINATION TYPE COMPLAINT. ALL OF THOSE ARE SUPPOSED TO GO THROUGH I.A. SO

BARBER: I DON'T RECALL

YOUNG: TO SAY THAT CHIEF HAINES WAS BEHIND THE DISCIPLINE.

BARBER: YEAH, I DON'T RECALL AT THIS MOMENT WHETHER HE WAS OR NOT, BECAUSE I DON'T REMEMBER EVERYTHING THAT I READ. BUT IF IT WENT THROUGH LA. I KNOW HE WAS A WARE OF IT AND THE SHERIFF WOULD'VE BEEN TOO, BECAUSE THEY BOTH HA VE TO SIGN OFF ON THAT, THE CHAIN OF COMMAND DOES.

YOUNG: NOW WAS THE OFFICER THAT FILED THE COMPLAINT, DISCIPLINED IN ANYWAY?

BARBER: NOT THAT I KNOW OF. I THINK HE WAS TRANSFERRED, BUT HE HAD REQUESTED A TRANSFER. THAT WAS WHAT HIS LETTER WAS FOR, WAS A REQUEST TO GET OUT OF THE UNIT.

YOUNG: ARE YOU AWARE OF ANY KIND OF DISCRIMINATION OR HOSTILE WORK ENVIRONMENT THAT HE ENDURED AFTER BRINGING THIS COMPLAINT TO LIGHT?

BARBER: I DON'T, I DON'T KNOW THE GUY.

YOUNG: BUT YOU HAVEN'T HEARD THEN THROUGH RUMORS

BARBER: NO. (INAUDIBLE)

YOUNG: OR

BARBER: THAT'S MY ATTORNEY.

YOUNG: LIEUTENANT BARBER. LIEUTENANT BARBER, I NEED YOU TO HANG UP THE PHONE.

79 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

BARBER: I AM IN, AND I TOLD THEM YOU WERE CALLING, THEY WON'T (INAUDIBLE)

YOUNG: LIEUTENANT BARBER I NEED YOU TO HANG UP THE PHONE. THIS IS A DIRECT ORDER.

BARBER: I GOTTA GO. OKAY. SO THAT WAS MY ATTORNEY.

YOUNG: AND I UNDERSTAND THAT. BUT WE ARE IN THE MIDDLE OF AN INTERVIEW AND YOUR ATTORNEY DOESN'T HAVE TO BE PRESENT FOR THIS.

BARBER: OKAY.

YOUNG: OKAY. SO THE OFFICER THAT BROUGHT TO LIGHT THE ISSUES

BARBER: YEAH I

YOUNG: YOU'RE NOT AWARE OF ANY HOSTILE RETALIATION OR ANYTHING THAT HE MIGHT' VE ENDURED FOR BRINGING IT TO LIGHT?

BARBER: NOT THAT I KNOW OF.

YOUNG: OKAY.

BARBER: LIKE I SAID, I DON'T KNOW HIM. I'VE, I'VE HEARD THE NAME. BUT

YOUNG: DO YOU KNOW WHERE THE GAME ORIGINATED FROM OR WHO STARTED IT?

BARBER: NO.

YOUNG: DO YOU KNOW HOW LONG THAT IT HAD BEEN TAKING PLACE FOR?

BARBER: NO.

YOUNG: DO YOU KNOW WHETHER CHIEF HAINES KNEW OF THE GAME OR QUESTIONING THAT WAS TAKING PLACE?

BARBER: I DON'T KNOW. I WOULDN'T KNOW WHAT HE WOULD KNOW.

YOUNG: OKAY.

BARBER: I DON'T KNOW HOW I WOULD KNOW THAT.

80 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# I2019-015

YOUNG: OKAY. IS THE, WHO WERE MALE SUPERVISORS?

BARBER: MIKE WARD, AND I DON'T KNOW. THAT'S THE ONLY, I DON'T KNOW WHO ELSE. I ONLY REMEMBER HIM BECAUSE I KNOW MIKE. HEWAS A ROOKIE WHEN I WAS ON A SHIFT. YOU KNOW HE, HE FIRST CAME TO THE SHIFT I WAS ON, SO

YOUNG: CORRECT.

BARBER: I'VE KNOWN HIM SINCE HE STARTED.

YOUNG: OKAY. DID I ASK WHO THE MALE OFFICER WAS?

BARBER: YEAH YOU COULD HA VE, BUT I DON'T KNOW HIS NAME. I DON'T KNOW HIM.

YOUNG: YOU DON'T KNOW HIM.

BARBER: I, I'VE HEARD THE NAME BUT I DON'T REMEMBER WHAT IT IS AND I DON'T KNOW THE GUY.

YOUNG: OKAY.

BARBER: I JUST HAVE HEARD HIS NAME BEFORE. I DON'T REMEMBER WHAT HE LOOKS LIKE SO

YOUNG: OKAY. I'M GOING TO TAKE JUST A SECOND AND ASK IF, IT'S TWELVE FIFTY. WE'VE KIND OF BEEN GOING FOR A LITTLE BIT. YOU SEEM A LITTLE ON EDGE, UHM WOULD YOU LIKE TO TAKE A BREAK AND LET'S GO EAT LUNCH AND HAVE A LUNCH BREAK

BARBER: (INAUDIBLE) I'M STARVING.

YOUNG: AND KIND OF RECOMPOSE AND WE CAN COME BACK AND GET BACK TO THE REMAINDER AFTER YOU GET SOMETHING TO EAT?

BARBER: YEAH. BECAUSE I'M KIND OF GETTING SHAKY.

YOUNG: OKAY. SO WE WILL COME BACK IN AN HOUR. WILL THAT GIVE YOU ENOUGH TIME?

BARBER: OKAY. AND I'M GOING TO TRY TO FIND THAT PIECE OF PAPER I LOST ON THE WAY BETWEEN HERE AND THERE.

81 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (1) IA# 12019-015

YOUNG: YEAH, HOPEFULLY YOU DIDN'T DROP IT. IS AN HOUR GOOD FOR YOU?

BARBER: IT WAS THE EMAIL, SO. YEAH, I GUESS.

YOUNG: OKAY. SO TWELVE FIFTY (12:50), WE'LL GO OFF RECORD AND BE BACK IN AN HOUR AT ONE FIFTY.

PITTMAN: OKAY. I'M GOING TO GO AHEAD AND STOP THE RECORDING INSTEAD OF PAUSING IT. (INAUDIBLE)

YOUNG: THANK YOU.

TRANSCRIBED BY L. CABALLERO 6/27/19

82 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

PITIMAN: THIS WILL BE THE SECOND PART OF THE INTERVIEW ON THE TWENTY, UH TWENTY FOURTH, RIGHT?

YOUNG: CORRECT. ON THE TWENTY-FOURTH (June 24, 2019) AND IT'S THIRTEEN FIFTY-TWO HOURS (13:52).

PITIMAN: LIEUTENANT BARBER. OKAY.

YOUNG: BACK ON THE RECORD WITH LIEUTENANT BARBER, SERGEANT PITIMAN, MYSELF, COLONEL YOUNG. UHM WE JUST BROKE FOR LUNCH AND ARE NOW RECONVENING. JUST A REMINDER, UH, LIEUTENANT BARBER, YOU'RE STILL UNDER OATH, CORRECT?

BARBER: RIGHT.

YOUNG: OKAY. UHM I SEE YOU'VE GOT SOME DOCUMENTS IN FRONT OF YOU.

BARBER: I JUST BROUGHT THE EMAIL THAT I GOT FROM HAINES, CHIEF HAINES OF THE INITIAL EMAIL

YOUNG: UH-HUH

BARBER: THE NINTH, IS IT.

YOUNG: THIS IS FOR THE FACEBOOK POST

BARBER: YES

YOUNG: RIGHT?

BARBER: UHM AND I, I JUST ONCE AGAIN WANT TO POINT OUT THAT I AM STILL REQUESTING THAT YOU TALK TO THE SHERIFF AND I FEEL LIKE I STILL RE NEED, AM IN THE RIGHT TO HAVE A DIS, UH A COMPLIANCE REVIEW BOARD AND HE WAS ONE OF THE INVESTIGATORS VIOLATING MY RIGHTS AND WHEN THAT INCIDENT HAPPENED BEFORE AND I DON'T

PITIMAN: OKAY YOU'RE

BARBER: FEEL LIKE HE SHOULD BE HERE

YOUNG: AND I, I WILL DEFINITELY, IT'S DULY NOTED. IT IS ON RECORD

BARBER: OKAY

YOUNG: UHM BUT AGAIN, THIS IS AGAINST THE CHIEF, CHIEF HAINES. ALLEGATIONS AND COMPLAINTS MADE AGAINST HIM THAT WE'RE HERE FOR TODAY.

1 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (2) IA # I2019-015

PITIMAN: UHM COLONEL, IF I MAY. SINCE SHE DIRECTLY ACCUSED ME OF VIOLATING HER RIGHTS PREVIOUSLY

BARBER: YOU ARE PART OF THE COMPLAINT.

PITIMAN: SHE, YOU JUST DIRECTLY ACCUSED ME OF VIOLATING YOUR ONE TWELVE RIGHTS, IS THAT CORRECT?

BARBER: YOU WERE INVOLVED IN THAT INCIDENT WITH ME BEFORE

PITIMAN: THAT'S

BARBER: THE OPEN INVESTIGATION. YOU WERE THERE THAT DAY.

PITIMAN: OKAY. SO YOU'RE DIRECT, YOU'RE DIRECTLY, YOU NEED TO TALK TO THE COMMANDER ABOUT THIS

YOUNG: YES

BARBER: YOU WERE INVOLVED IN THIS INCIDENT

PITIMAN: OKAY

BARBER: IT'S IN THE LETIER.

PITIMAN: UH, IF YOU'LL JUST HOLD ON

YOUNG: LET'S

PITIMAN: DO YOU WANT ME TO GET A CLARIFICATION, OR DO YOU? WE NEED

BARBER: YES

PITIMAN: TO GET A CLARIFICATION ON THIS.

YOUNG: SO WE'LL LEAVE THE RECORDING ON. IF YOU WOULD GO

PITIMAN: AND I'll FIND OUT

YOUNG: CONVERSATE WITH THE COMMANDER

PITIMAN: YEAH. GIVE ME A SECOND.

******SERGEANT PITTMAN LEAVES THE ROOM******

YOUNG: OKAY. WAS THE GLEN ROTH GUY UH THE (INAUDIBLE) FOR HIS FATHER?

2 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: NO. HE ATIACHED IT, WHEN HE SENT THAT TO ME HE ATIACHED ITTO THAT EMAIL JUST TO SHOW I HAD SENT ONE. WHICH WAS KIND OF MY POINT. IT'S USUALLY THE SUPERVISOR OF THE UNIT

YOUNG: OKAY. OKAY

BARBER: SO, YOU KNOW. UH OR WHOEVER THEY WORK FOR, YOU KNOW, IT'S NOT NECESSARILY YOU KNOW I GUESS IF IT'S CIVILIAN OR SOMETHING

YOUNG: I DON'T EVEN THINK I REALIZED THATTAMPARY'S DAD PASSED AWAY. WHEN DID HE PASS?

PITIMAN: LIEUTENANT BARBER, I JUST SPOKE WITH THE COMMANDER, UH WE'RE GONNA GO AHEAD AND PAUSE THE INTERVIEW COLONEL.

YOUNG: OKAY.

PITIMAN: UH AND SHE ASKED YOU TO GO AHEAD AND, HOLD ON DON'T PAUSE IT JUST YET.

YOUNG: OKAY

PITIMAN: ASKED YOU TO COME OVER AND EXPLAIN TO HER

YOUNG: CAN I SAY THE TIME

PITIMAN: UH THE REASON WHY I SHOULD BE, IN INVOLVED IN THIS INTERVIEW. WE'LL GO AHEAD AND PAUSE IT AT FIVE 'TIL TWO. (13:55).

******RECORDER TURNED OFF******

PITIMAN: OKAY. WE'RE BACK ON THE RECORD. UH I DON'T KNOW WHAT HAPPENED IN THE MEETING, BUT l'M STILL IN HERE. SO

YOUNG: OKAY. UHM IT IS TWO TWENTY-ONE (14:21). BACK ON THE RECORD. UH WE SPOKE WITH COMMANDER YUHASZ AND SHE SPOKE WITH THE SHERIFF AND HIS, LIEUTENANT BARBER IS UH NOT A SUBJECT OFFICER AND IS THE COMPLAINANT WITNESS, THERE IS NO 112 VIOLATION UHM SO WE'RE GONNA CONTINUE FORWARD

PITIMAN: OKAY

YOUNG: WITH WHERE WE WERE AT. UHM SO YOU GAVE ME THE EMAIL AND WE WERE TALKING

BARBER: OH YEAH

YOUNG: BRIEFLY WHEN SERGEANT ACTUALLY WALKED OUT

3 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENf OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: MM-HMM

YOUNG: THIS EMAIL, THERE IS AN EMAIL IN HERE ABOUT SERGEANT TAMPARY'S FATHER, BUT THIS IS NOT WHO IT WAS (INAUDIBLE)

BARBER: NO. IT HAS NOTHING TO DO WITH IT. I GET, HE JUST, AT THAT TIME HE EMAILED ME, IT HAD THAT ATTACHED.

YOUNG: OKAY. AND NOW WHO, SO THE CHIEF SENDS YOU THIS EMAILJULY FIFTH

BARBER: I CAN'T SEE IT

YOUNG: TWENTY EIGHTEEN. (INAUDIBLE) AND HE CC'S IT LOOKS LIKE

BARBER: YEAH BAIN AND GREER

YOUNG: OKAY. OKAY. ALRIGHT. ARE YOU READY?

BARBER: YEAH

YOUNG: OKAY. WE ARE GOING TO PICK BACK UP AT PARAGRAPH ELEVEN

BARBER: ELEVEN. OKAY

YOUNG: YEP AND I THINK THAT WE'VE PRETTY MUCH COVERED EVERYTHING FOR THAT SECTION. BUT BEFORE WE MOVED ON I WANTED TO MAKE SURE THATTHERE WASN'T ANYTHING ELSE THAT YOU KNEW OF THAT MAYBE CAN LEND ANYTHING FURTHER TO IT.

BARBER: NO.

YOUNG: OKAY. ALRIGHT, WE'RE GONNA MOVE FORWARD TO PARAGRAPH TWELVE. IN JUNE TWENTY-EIGHTEEN, IS THE ONE WE'RE TALKING ABOUT

BARBER: MM-HMM. YEP.

YOUNG: WHO IS THE SERGEANT IN THAT ONE?

BARBER: THAT WAS DELARIAN WIGGINS.

YOUNG: OKAY. AND CAN YOU TELL ME WHAT HAPPENED WITH IT, BECAUSE l'M NOT FAMILIAR

BARBER: UH THAT WAS WHEN HE WAS PULLED OVER BY A YOUNGER OFFICER. CAN YOU MAKE A COPY OF THIS TOO BECAUSE THAT'S MINE

PITTMAN: YEAH, l'M NOT DOING ANYMORE. l'M JUST GETTING SOMETHING OUT OF THE FILE

4 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENT OF: LIEUTENANT TAMA BARBER (2) IA# 12019-015

BARBER: UHM

PITTMAN: BUT WE WILL MAKE YOU A COPY

BARBER: AND UH OR MAKE YOU A COPY. UHM

PITTMAN: OH NO, HERE, YOU CAN MAKE ME A COPY THEN. {INAUDIBLE)

BARBER: NO, I MEANT, YOU MAKE YOU A COPY IS WHAT l'M SAYING

PITTMAN: OH, OKAY. OKAY. I THOUGHT YOU WANTED A COPY. l'M SORRY.

BARBER: NO. I JUST WANT MINE BACK. UHM WHAT WAS I SAYING. OH OKAY. HE WAS PULLED OVER. HE WAS OFF DUTY. BY A UH A YOUNGER OFFICER. I THINK HE'D JUST COME OFF PROBATION OR SOME, OR NOT PROBATION, OFF, OUT OF FTO. JUST NEWLY ON THE STREET AND UHM SO FROM THAT HE ENDED UP GETTING SUSPENDED FOR THREE DAYS BECAUSE HE WAS, JUST THE WAY HE WAS TALKING TO HIM. AND YOU'D HAVE TO WATCH THE VIDEO

YOUNG: UHM

BARBER: PRETTY MUCH MADE THE OFFICER FEEL LIKE HE COULDN'T WRITE HIM A TICKET AND THAT, YOU KNOW, AND HE KIND OF DROVE OFF

YOUNG: OKAY

BARBER: so.

YOUNG: SO l'M ASSUMING HE COMMITTED A TRAFFIC VIOLATION

BARBER: YEAH

YOUNG: HE WAS PULLED OVER

BARBER: YEAH

YOUNG: IN A NUTSHELL. AND THEN IT WAS BROUGHT

BARBER: HE SHOWED HIS BADGE OR ID CARD I THINK IT WAS, TO HIM AND PRETTY MUCH SAID GO CHECK YOUR VIDEO AGAIN, I DIDN'T YOU KNOW RUN A STOP SIGN OR WHATEVER.

YOUNG: OKAY

BARBER: AND

YOUNG: HOW ARE YOU INVOLVED IN THAT ONE?

5 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMENf OF: LIEUTENANT TAMA BARBER (2) IA # I2019-015

BARBER: IT WAS BROUGHT TO MY ATIENTION BY THAT OTHER OFFICER'S SUPERVISOR. I WANNA SAY THAT WAS PACHUCKI MAYBE. AND UHM SO I HAD TO DO THE INVESTIGATION AND I DID ALL THAT (INAUDIBLE)

YOUNG: OKAY SO LIEUTENANT PACHUCKI ADVISED YOU

BARBER: ITHINK

YOUNG: BECAUSE IT WAS ONE OF HIS EMPLOYEES

BARBER: I THINK IT WAS PACHUCKI. YEAH, IT WAS ONE OF HIS EMPLOYEES. l'M NOT POSITIVE. IT COULD HAVE BEEN SOMEONE ELSE, BUT IT'S IN THE, IT WOULD'VE BEEN, THERE WOULD'VE BEEN AN UH A WRIT, A THING WRITIEN UP ON IT.

YOUNG: OKAY. AND YOU HAD DELARIAN AS YOUR SERGEANT AT THAT TIME

BARBER: RIGHT

YOUNG: OKAY. SO YOU WORKED THE INVESTIGATION AT SHIFT LEVEL OR

BARBER: YES.

YOUNG: WERE YOU DIRECTED TO

BARBER: UHM I BELIEVE FROM GREER. UHM I TOLD HIM WHAT HAPPENED SO

YOUNG: SO {INAUDIBLE)

BARBER: IT WAS GIVEN TO ME

YOUNG: HOW DID UH LIEUTENANT PACHUCKI BRING THIS TO YOUR ATIENTION?

BARBER: HE CAME UP

YOUNG: DID HE EMAIL IT TO YOU OR

BARBER: NO HE CAME UP TO THE PRECINCT AND GAVE ME THE VIDEO TO WATCH

YOUNG: OKAY. AND THEN

BARBER: WAIT. NO, IT WASN'T PACHUCKI, SORRY. IT WAS UH HUH BRANDON BARNHILL. THAT'S THE SAME SHIFT. I THINK PACHUCKI WAS ON IT, THEN IT WAS BRANDON

YOUNG: OKAY.

BARBER: SO THAT'S WHY, THEY'RE SWAT SO, OR WERE SO

YOUNG: OKAY.

6 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEME1"1 f OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: (INAUDIBLE)

YOUNG: SO LIEUTENANT BARNHILL BROUGHT IT TO YOU

BARBER: THE VIDEO MM-HMM

YOUNG: WHAT DID YOU DO WITH IT ONCE YOU GOT IT?

BARBER: I WATCHED IT AND THEN I LET GREER KNOW ABOUT IT.

YOUNG: OKAY

BARBER: AND THEN AFTER THAT, AT ONE POINT, I WAS TOLD TO HANDLE, YOU KNOW, HANDLE IT.

YOUNG: NOW, DID YOU WRITE ANYTHING UP TO GREER IN A MEMORANDUM OR

BARBER: I DON'T REMEMBER IF, OH l'M SURE I DID A MEMORANDUM TO PROBABLY, BAIN WAS STILL THERE, IT WOULD'VE BEEN TO GREER AND BAIN AGAIN. UHM USUALLY GREER SAYS TO WRITE THE MEMO TO BAIN AND CC ME. THAT'S PRETTY MUCH HOW WE DID IT. AND BUT I DON'T REMEMBER IF THAT WAS DURING THE TIME WE HAD TO DO THE UHM DISCIPLINE PACKETS OR NOT. I DON'T REMEMBER.

YOUNG: OKAY

BARBER: 'CAUSE I DON'T REMEMBER, THAT ONLY LASTED LIKE SIX MONTHS, AND I DON'T REMEMBER WHEN IT STARTED, WHEN IT ENDED. IT'S JUST LIKE ONE DAY, YOU DON'T HAVE TO DO THEM ANYMORE. SO.

YOUNG: SO YOU WRITE IT UP. WHO CAME BACK DOWN AND TOLD YOU TO DO IT AS A SHIFT LEVEL INVESTIGATION?

BARBER: I THINK GREER

YOUNG: OKAY. AND WHAT ULTIMATELY ENDED UP BEING YOUR FINDINGS?

BARBER: I DON'T REMEMBER THE EXACT FINDINGS OF WHAT I CHARGED HIM WITH, BUT HE GOT THREE DAY SUSPENSION

YOUNG: OKAY. WAS THAT RECOMMENDED BY YOU?

BARBER: UH YES

YOUNG: OKAY. DID YOU RECEIVE ANY KICK BACK, OR RESISTANCE, OR INTERFERENCE FROM ANYBODY DURING YOUR INVESTIGATION?

7 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEME1" f OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: NO MY, I HAD TO COME TALK TO, I KNOW I HAD TO COME TALK TO THE ATIORNEY, OR DEBRA UTILE

YOUNG: WHICH ATIORNEY

BARBER: AND CHIEF, UH DEBRA UTILE

YOUNG: GOTIT

BARBER: AND CHIEF, NOT HAINES, THE OTHER ONE.

YOUNG: SIMMONS

YOUNG: DO YOU RECALL WHO REACHED OUT TO YOU TO SET UP THE MEETING?

BARBER: UH USUALLY THAT, IT'S NOT LIKE ANYTHING SET UP. GREER'S LIKE GO SEE THE CHIEF OR WHATEVER.

YOUNG: OKAY

BARBER: OR I WAS TALKING TO DEBRA UTILE AND THEN I HAD TO GO TALK TO HIM. I DON'T, I DON'T KNOW

YOUNG: OKAY. BUT DO YOU KNOW WHERE THIS CONVERSATION TOOK PLACE AT?

BARBER: IN HIS OFF, CHIEF'S OFFICE

YOUNG: THE CHIEF'S OFFICE. WHAT WAS THEIR CONCERN?

BARBER: THE CHIEF WAS CONCERN, HE THOUGHT IT, IT, IT VIOLATED SOMETHING ELSE IN UHM, IN STATUTE, AND I, I CAN'T REMEMBER THE CHARGE. I MEAN, I PROBABLY WROTE NOTES ABOUT IT.

YOUNG: WAS THIS BEFORE YOU

BARBER: (INAUDIBLE)

YOUNG: FINALIZED YOUR

BARBER: YEAH. OH YEAH

YOUNG: OKAY. SO THIS WAS ALL PRELIMINARY

8 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMEh f OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: YEAH

YOUNG: DISCUSSION AMONGST, OKAY

BARBER: BUT AFTERWARDS HE, HE JUST A, HE JUST ACCEPTED THE THREE DAYS. THERE WASN'T ANY DRB OR ANYTHING ELSE.

YOUNG: DID CHIEF SIMMONS OR MS. UTILE TRY TO PERSUADE YOU OR CHANGE YOUR MIND OR YOUR DIRECTION ON YOUR INVESTIGATION?

BARBER: NOT THAT I RECALL.

YOUNG: DID CHIEF HAINES BECOME INVOLVED IN THIS INVESTIGATION AT ALL?

YOUNG: OKAY. AND SO WHATEVER YOUR RULINGS WERE, YOUR RECOMMENDATION WAS THREE DAYS SUSPENSION

BARBER: NO, IT MIGHT HAVE BEEN TWO, I DON'T KNOW. I KNOW HE GOT THREE, SO MOST LIKELY THAT'S WHAT I RECOMMENDED.

YOUNG: OKAY

BARBER: IT WOULD BE IN MY REPORT THAT I TYPE UP. INVESTIGATION REPORT, WHATEVER IT'S CALLED. INVESTIGATIVE REPORT, I THINK.

YOUNG: OKAY. DO YOU FEEL IN THIS SCENARIO THAT YOU WERE DISCRIMINATED AGAINST IN ANY FORM OR FASHION BY CHIEF HAINES?

BARBER: NO. THAT HAD NOTHING TO DO WITH CHIEF HAINES.

YOUNG: OKAY. UHM CHIEF, WHAT ABOUT CHIEF SIMMONS, OR MS. UTILE?

BARBER: NO. CHIEF SIMMONS NEVER HAS BEEN INAPPROPRIATE AT ALL IN FRONT OF ME.

YOUNG: OKAY. AND IS DELARIAN WIGGINS STILL CURRENTLY THE SERGEANT ON THAT SHIFT?

BARBER: YES.

YOUNG: OKAY. HOW LONG HAS HE WORKED FOR YOU?

BARBER: HMM A COUPLE OF YEARS I THINK.

YOUNG: OKAY

9 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

I~ \ RECORDED STATEME1~ f OF: LIEUTENANT TAMA BARBER (2) IA # I2019-015

BARBER: WHEN HE CAME OUT OF COMMUNITY SERVICES OR WHATEVER HE CAME TO MY SHIFT. I THINK. I DON'T THINK HE WENT ANYWHERE ELSE BEFORE THAT.

PITIMAN: HAS HE HAD ANY OTHER DISCIPLINE ON YOUR SHIFT

BARBER: UHM

PITIMAN: WHILE HE WAS WORKING FOR YOU?

BARBER: OH YEAH.

YOUNG: IS THIS DISCIPLINE THAT YOU HAVE

BARBER: UHM

YOUNG: PLACED UPON HIM?

BARBER: YEAH. UH THAT'S, l'D HAVE TO GO IN, I DON'T KNOW ORDER HERE. BUT I KNOW HE'S HAD, HE HAD A UHM PURSUIT. OH THANK, IS THAT, PURSUIT THING. AND THAT WAS WHEN HE FIRST, UH IT WAS MORE WHEN HE HAD FIRST BEEN ON THE SHIFT NOT TOO LONG I THINK. IT'S SOMETHING ABOUT A PURSUIT. LIKE I WAS DOWN HERE AT THE OFFICE AND THERE WAS A PURSUIT. IT WASN'T REALLY A PURSUIT BUT HIS ACTIONS CAUSED ITTO BECOME A PURSUIT. SO HE UHM GOTWRITIEN UP FOR THAT. I THINK HE JUST GOT A REPRIMAND MAYBE FOR THAT OR SOMETHING. CAN'T, I CAN'T REMEMBER

YOUNG: OKAY

BARBER: THAT WAS WAY BEFORE THIS. AND HE MIGHT HAVE HAD SOMETHING ELSE UH l'VE BEEN ON THAT SHIFT FOR YEARS, SO I, YOU KNOW

PITIMAN: DID YOU GET ANY PUSHBACK ON THOSE UH COUNSELING'S OR WRITE UPS?

BARBER: NO. LIKE I SAID, I DON'T, I ONLY DEAL WITH GREER. HE'S MY SUPERVISOR.

PITIMAN: OKAY

BARBER: SO I DON'T DEAL WITH ANYONE ELSE UNLESS I GET CALLED DOWN HERE, LIKE THAT MEETING WITH THE CHIEF. BUT THAT WAS, I THINK, JUST TRYING TO FIND OUT WHAT WAS GOING ON. SO. IT, DID IT VIOLATE

PITIMAN: OH WITH CHIEF SIMMONS

BARBER: YEAH, YES SIMMONS. SORRY I KEEP FORGETIING I HAVE TO DISTINGUISH WHICH ONE'S WHICH.

10 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

( RECORDED STATEME1" f OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

YOUNG: I KNOW. UHM WHO IS YOUR OTHER SERGEANT THAT YOU HAVE ON YOUR SHIFT?

BARBER: NOW IT'S TONY UHM BUT l'VE HAD SO MANY.

YOUNG: AND HAVE YOU HAD TO DISCIPLINE SERGEANTTAMPARY ANY?

BARBER: I DON'T THINK SO. I DON'T, I DON'T THINK HE'S HAD ANY WRECKS OR ANYTHING.

YOUNG: WHAT ABOUT ANY OF THE INTERIM SERGEANTS?

BARBER: UH LET'S SEE, I HAD DAVID BROWN JUST FOR A MONTH. SO, I, NO. NOT WITH HIM. I HAD COAD, I HAD HOYLAND. HOLD ON. IT SEEMS LIKE l'VE HAD SOMEBODY ELSE.

YOUNG: HAVE YOU EVER HAD TO IMPOSE DISCIPLINE UPON THEM?

BARBER: WELL, HOYLAND HAD THE ONE COUNSELING OR REPRIMAND, WHATEVER HE GOT. AND COAD, I DON'T REMEMBER. BUT IN THAT INCIDENT I TALKED ABOUT, WHICH WE DIDN'T DO ANYTHING WITH, I DON'T REMEMBER IF HE HAD ANYTHING. THAT WAS, I THINK HE WAS ONE OF THE FIRST SERGEANTS I HAD. SO AND HE WASN'T ON THERE A LONG TIME. HOYLAND WAS LONGER. COAD LEFT FIRST, THEN HOYLAND. I HAD DAVID BROWN. l'VE HAD DELARIAN, TONY. I WAS SUPPOSED TO HAVE GOTIEN A GAZILLION OTHER PEOPLE. EVERY DAY THEY WERE CHANGING THEIR MINDS. IT SEEMS LIKE I MIGHT'VE HAD ANOTHER ONE, BUT I JUST CAN'T THINK IF, IF I DID, WHO IT WAS.

YOUNG: HAVE, OKAY. AND SO YOU HAVEN'T RECEIVED ANY KICKBACK OR INTERFERENCE ON DISCIPLINE FOR THEM?

BARBER: NO.

YOUNG: WHAT ABOUT ANY KICKBACK OR INTERFERENCE FOR DISCIPLINE AMONGST THE TROOPS?

BARBER: HUH

YOUNG: MALE OR FEMALE TROOPS

BARBER: WELL, WE CAN'T DISCUSS ALL OF THAT RIGHT NOW. BECAUSE PART OF THAT HAS TO DO WITH MY INVESTIGATION. THAT'S ALL l'M GOING.

YOUNG: OKAY. I'll BE MORE SPECIFIC THEN. HAS CHIEF HAINES SPECIFICALLY TOLD YOU, YOU COULD OR COULD NOT DISCIPLINE AN EMPLOYEE, TO PARTICULAR (INAUDIBLE)

BARBER: NO. I DON'T, I DON'T TALK TO HIM UNLESS I HAVE TO. LIKE I SAID. AND NONE OF THIS HAS TO DO WITH KICKBACK FROM HIM.

11 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

i RECORDED STATEME1~f OF: LIEUTENANT TAMA BARBER (2) IA # I2019-015

YOUNG: OKAY. AND HAS CAPTAIN GREER GIVEN YOU ANY GRIEF OR KICKBACK ABOUT DISCIPLINING YOUR TROOPS? THAT YOU CAN OR CAN'T OR (INAUDIBLE)

BARBER: YES. BUT I CAN'T DISCUSS THAT.

YOUNG: AND WHY CAN'T YOU DISCUSS THAT?

BARBER: BECAUSE THAT HAS TO DO WITH MY OPEN INVESTIGATION.

YOUNG: OKAY. I CAN ASK THE QUESTION WITHOUT HAVING TO GO INTO THAT. HAS CAPTAIN GREER TOLD YOU THAT CHIEF HAINES HAS BEEN A DIRECTIVE

BARBER: NO

YOUNG: FORCE BEHIND YOUR DISCIPLINE OF YOUR TROOPS?

BARBER: NO. I HAVEN'T, HE, I DON'T THINK THAT PARTICULAR THING CAME FROM HAINES.

YOUNG: OKAY. (INAUDIBLE). OKAY. UHM I THINK THAT PRETTY MUCH SOLIDIFIED THAT PARAGRAPH AND NOW WE Will GO TO PARAGRAPH THIRTEEN

BARBER: I GOT (INAUDIBLE)

YOUNG: AUGUST TWENTY-EIGHTEEN. WHO IS THE SERGEANT IN THAT INCIDENT?

BARBER: OH THAT WAS DREW, DREW, DREW, DREW KILGEN.

YOUNG: OKAY

BARBER: BUT AND THEN I FOUND OUT, I GUESS HE WASN'T STILL ON PROBATION WHEN IT HAPPENED. BUT

YOUNG: OKAY THAT WAS

BARBER: I THINK HE HAD JUST GOTIEN OFF PROBATION OR SOMETHING

YOUNG: SO HE WAS IN FACT NOT ON PROBATION

BARBER: RIGHT. I, I THINK HE HAD JUST GOTIEN OFF OF IT OR SOMETHING. LIKE A MONTH BEFORE THAT MAYBE

YOUNG: OKAY

BARBER: WHEN I FOUND THE DATES

YOUNG: CAN YOU TELL ME, YOU MENTIONED THAT IT WAS SWEPT UNDER THE RUG. EXPLAIN HOW THAT HAPPENED AND WHAT THE CIRCUMSTANCES WERE.

12 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEMt1~ f OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: WELL, THEY PUT HIM ON ADMIN LEAVE AND TO PRETTY MUCH EVERYONE FORGET ABOUT IT AND THEN HE CAME BACK. I DON'T THINK HE GOT ANY PUNISHMENT. HE GOT TRANSFERRED TO TRAINING.

YOUNG: SO HE DIDN'T RECEIVE ANY DISCIPLINE AT ALL?

BARBER: NOT THAT l'M AWARE OF.

YOUNG: DO YOU KNOW WHO WAS RESPONSIBLE FOR THE INVESTIGATION ON THAT CASE?

BARBER: NOPE

PITIMAN: THAT'S AN EASY QUESTION. THAT'S ME.

YOUNG: OH

PITIMAN: I DIDIT

YOUNG: OKAY.

BARBER: WELL WE, LEE USUALLY HANDLES THE REP THING ON A LOT OF THOSE. SO I DON'T ALWAYS FIND OUT.

YOUNG: OKAY. UHM YOU DON'T, YOU'RE NOT AWARE OF ANY DISCRM, UH DISCIPLINE THAT HE GOT ATTHAT POINT

BARBER: UNH-UH

BARBER: OKAY. MY COMPLAINT IS SUPPOSED TO BE GOSSIP OR SOMETHING LIKE THAT. UHM AND IT'S RUMORED l'M BEING DEMOTED. BUT YOU CAN LEAVE AN ASSAULT RIFLE IN A CAR AND IT GETS STOLEN, YOU DON'T LOCK IT, AND ALL THAT STUFF AND NOTHING HAPPENS TO YOU. THOSE KINDS OF INCIDENTS.

YOUNG: OKAY. SO THEN, IT'S SPECIFICALLY IN CORRELATION WITH WHAT YOU HAVE GOING ON

BARBER: WELL IT'S JUST

YOUNG: WITH YOUR CASE. ARE THERE ANY OTHER EXAMPLES OF FEMALES THAT HAVE GOTTEN HEAVIER HANDED DISCIPLINE WHEN AN OFFICER HAD SOMETHING (INAUDIBLE)

13 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEME1 'If OF: LIEUTENANT TAMA BARBER (2) IA# I2019-015

BARBER: WELL I DON'T KNOW OF ANY FEMALE THAT'S DONE THAT. SO IT'S KIND OF HARD TO YOU KNOW BUT I FEEL IF I WOULD'VE DONE THAT I WOULD'VE BEEN FIRED.

PITIMAN: HOW DO YOU KNOW THAT?

BARBER: I JUST FEEL THAT WAY. WE'LL JUST REFER BACK TO MY INVESTIGATION RIGHT NOW.

YOUNG: ARE YOU, CAN YOU DESCRIBE TO ME ANY CIRCUMSTANCES WHERE A FEMALE HAS GOTIEN MORE DISCIPLINE THAN A MALE IN THE SAME CIRCUMSTANCES?

BARBER: THERE IS NO SAME CIRCUMSTANCES. SO WE LITERALLY NEED TO PULL UP, AND THAT'S WHAT I TRIED TO DO WITH THE ONES I KNOW ABOUT. FEMALES AND WHAT THEY'VE GOTIEN AND MALES AND WHAT THEY HAVE GOTIEN. YOU KNOW, BUT THERE IS NO FEMALE THAT DID THAT.

YOUNG: OKAY. SO NOTHING THAT YOU CAN REFERENCE OFF HAND THAT IS COMPARABLE

BARBER: TO THAT, NO

YOUNG: CAN YOU GIVE ME EXAMPLES OF TIMES WHERE FEMALES HAVE

BARBER: UH THERE

YOUNG: HAD HARSHER (INAUDIBLE)

BARBER: THERE WAS A FEMALE THAT LEFT A GUN IN THE RESTROOM OR WHATEVER. HERE. SHE GOT FIRED, I THINK. SHE WAS A CIVILIAN OR CRIME SCENE OR SOMETHING LIKE THAT.

YOUNG: DO YOU KNOW WHO THAT WAS?

BARBER: NO. I DON'T KNOW HER. LEE WORKED THAT IA, SO.

YOUNG: AND YOU SAID SHE WAS FIRED BECAUSE OF IT?

BARBER: MM-HMM. SHE WENT TO THE BATHROOM, SHE LEFT IT SITIING IN THE GYM OR SOMETHING LIKE THAT. LEE WOULD KNOW THAT, AND HE'S MUCH BETIER AT NAMES THAN IAM.

YOUNG: OKAY. l'M ASSUMING THAT WAS AN INTERNAL AFFAIRS

BARBER: I BELIEVE SO

YOUNG: OKAY. ANY OTHER COMPARABLE THAT YOU CAN THINK OF? WHAT ABOUT JUST IN GENERAL COMPARISON OF, YOU KNOW, A FEMALE DOING A PARTICULAR POLICY VIOLATION VERSUS THAT OF A MALE?

14 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

/ i RECORDED STATEME1,, f OF: LIEUTENANT TAMA BARBER (2) IA # I2019-015

BARBER: I MEAN I, I OFF HAND I CAN'T, I CAN'T GIVE YOU LIKE STATS LIKE THAT. REALLY WOULD HAVE TO LOOK AT DISCIPLINE. AND l'M SURE THERE'S A WAY TO PULL THAT UP.

YOUNG: OKAY

BARBER: YOU KNOW.

YOUNG: BUT NOTHING SIGNIFICANT THAT IS RIGHT THERE

BARBER: THAT I CAN COME UP WITH

YOUNG: THAT'S

BARBER: RIGHT NOW. NO.

YOUNG: OKAY.

BARBER: AND l'VE SEEN WE USED TO GET LISTS OF DISCIPLINE AND, AND THINGS LIKE THAT. BUT THAT'S BEEN HIT OR MISS YOU KNOW. SO.

PITIMAN: UH, I DO HAVE ANOTHER QUESTION. SOMETHING YOU SAID EARLIER. UH IT, WHEN, WHEN THE COLONEL HAD ASKED YOU ABOUT EXPERIENCE HAS SHOWN THAT FEMALE EMPLOYEES, OR A FEMALE SUPERVISOR, WOULD NOT HAVE RECEIVED THE SAME PUNISHMENT. YOU SAID SOMETHING ABOUT THAT IT WAS BECAUSE RUMOR AND INNUENDO THAT YOU WERE GETIING DEMOTED

BARBER:

PITIMAN: YOU HAVEN'T RECEIVED ANY INFO, YOU HAVEN'T RECEIVED THE, A DEMOTION HAVE YOU?

BARBER: THE INVESTIGATION IS STILL ON, ON GOING. AND I DON'T USE THE WORD INNUENDO. I NEVER USE THAT WORD. BUT THE INVESTIGATION'S STILL OPEN. SO NO. THAT WAS THE RUMOR I HAVE HEARD

PITIMAN: SO IS THATTHE

BARBER: FROM THE BEGINNING

PITIMAN: IS THAT YOUR BASIS FOR PUTIING THAT IN HERE? THAT YOU HEARD A RUMOR AND

BARBER: NO

PITIMAN: THAT'S WHERE EXPERIENCE HAS SHOWN

BARBER: NO. THERE IS A CRIME SCENE GIRL THAT GOT FIRED.

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PITIMAN: AND YOU'RE NOT AWARE OF SERGEANT KILGEN HAD ANY UH DISCIPLINE?

BARBER: NO.

PITIMAN: OKAY

BARBER: BUT HE WASN'T FIRED OR DEMOTED.

YOUNG: DO YOU KNOW WHO WAS BEHIND HIS TRANSFER TO TRAINING?

BARBER: NOPE

YOUNG: HOW LONG AFTER THAT HAPPENED WAS HE TRANSFERRED TO TRAINING?

BARBER: I DON'T KNOW. I DON'T. l'M NOT. I DON'T HANG OUT WITH DREW.

YOUNG: DO YOU KNOW IF CHIEF HAINES WAS INVOLVED IN HIS DISCIPLINE OR LACK THERE OF DISCIPLINE?

BARBER: I BELIEVE SO. BUT YOU'D HAVE TO ASK LEE. LEE WAS INVOLVED IN THAT CASE. FORM WHAT I RECALL HE WAS THE ONE REPING HIM.

YOUNG: AND THIS IS A COMMON QUESTION YOU'LL SEE, CAN YOU EXPLAIN TO ME HOW YOU FEEL YOU WERE DISCRIMINATED AGAINST BY GENDER FROM THE CHIEF ON THIS INCIDENT?

YOUNG: AND SO TO BE SPECIFIC, WHAT WOULD THAT COMPLAINT ON THOSE BE? THE OVERVIEW AND

BARBER: THAT WOMEN AND MEN ARE HANDLED DIFFERENTLY. IF YOU START LOOKING AT ALL THESE CASES, YOU WILL SEE THESE THINGS.

YOUNG: SO THEN IT'S STILL ALONG THE LINES OF GENDER BIAS

BARBER: YEAH, BUT l'M NOT, I NEVER SAID CHIEF HAINES HIMSELF VIOLATED, YOU KNOW, WAS AGAINST ME ON THIS CASE. THAT'S NOT WHAT I SAID.

YOUNG: OKAY. SO IT WOULD BE MORE, THESE ARE COMPARISON

BARBER: THESE ARE INCIDENTS

YOUNG: OF MALE

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BARBER: YES

YOUNG: VERSUS FEMALE

BARBER: YEAH

YOUNG: I GUESS WHAT l'M GETIING AT IS THE GENDER BIAS DIFFERENCE. WHERE DO YOU THINK THAT'S COMING FROM? IF, IF CHIEF HAINES ISN'T RESPONSIBLE FOR EVERY SINGLE ONE OF THESE

BARBER: I DON'T KNOW

YOUNG: AND ARE THERE PEOPLE IN BETWEEN THAT ARE RESPONSIBLE

BARBER: I DON'T KNOW. BUT HE SIGNS OFF ON ALL OF THESE AND, AND EVERY, I SAY EVERYONE, BAIN AND ALL THOSE IN BETWEEN WERE ALWAYS SAYING, EVERY TIME WE SENT SOMETHING TO HIM WITH A RECOMMENDATION, HE SENDS IT BACK AND SAYS IT'S NOT GOOD ENOUGH. SO HE'S THE ULTIMATE PERSON THAT, IT GETS STOPPED BEFORE THE SHERIFF SEES IT, I GUESS. IT GOES HIM, BACK AND FORTH, BACK AND FORTH UNTIL HE'S SATISFIED WITH WHAT THE PUNISHMENT'S GONNA BE OR RECOMMENDED AND THEN YOU KNOW, THEN THEY ALLOW THE PAPERWORK TO GO THROUGH.

YOUNG: CAN YOU GIVE ME AN IDEA OF HOW MANY DISCIPLINES THAT YOU HAVE SENT UP YOURSELF THAT HAVE BEEN KICKED BACK DOWN AND TOLD THAT THEY WEREN'T SATISFACTORY BY THE CHIEF?

BARBER: NO. BECAUSE I THINK LIKE, I HAVEN'T HAD THAT MANY. MOST OF MINE ARE ON THE SUPERVISORS, AND EVERYONE'S PRETTY MUCH ON THE SAME PAGE. BUT LIKE I SAID, IF IT WAS DELARIAN'S AND I SENT IT UP FOR TWO MAYBE, THEY WOULD HAVE COME BACK AND SAID HE'S GETIING THREE. WHAT IS A DAY? I MEAN NO ONE'S GONNA, YOU KNOW, BUT WHERE DOES THAT COME FROM? FROM WHAT I HEAR, THAT ALL COMES FROM THE CHIEF. AND THAT I HEARD FROM BAIN AND GREER IN THE PAST, YOU KNOW.

YOUNG: OKAY. SO NOTHING SPECIFIC AND TANGIBLE THAT IDENTIFIES CHIEF HAINES AS BEING THE ONE KICKING EVERYTHING BACK

BARBER: NO BECAUSE I DON'T THINK HE SIGNS ANYTHING.

YOUNG: OKAY.

BARBER: IF HE DOES, IT'D BE THAT FORM ON THE FRONT, BUT I DON'T, I DON'T GET TO SEE THOSE USUALLY.

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YOUNG: OKAY. HAVE YOU EVER THOUGHT THAT SOME OF THESE DIFFERENCES THAT YOU'VE POINTED OUT, THAT MAYBE CAPTAIN GREER OR BAIN WERE THE ONES TRULY BEHIND THE DECISION, AND JUST

YOUNG: HAVE YOU EVER JUST WONDERED IF MAYBE THEY WERE JUST USING HIM AS THE EXCUSE TO JUSTIFY WHAT THEIR DECISIONS WERE?

BARBER: NO

YOUNG: AND IT WAS EASY FOR THEM TO SAY, WELL, CHIEF HAINES SAID THIS AND

BARBER: NO

YOUNG: CHIEF HAINES WANTS THIS. CAN YOU TELL ME WHY?

BARBER: BECAUSE WHEN I WORKED IN IA, SAME SIMILAR THING HAPPENED TO ME. AND THEY SAID WE CAN'T GO IN THERE WITH NO FINDINGS. AND THEY POINTED BACK TO HIS OFFICE.

YOUNG: AND WHO'S THEY?

BARBER: UHM, UHM WALTER MATIHEWS UHM UH HAD, UH WHAT WAS HER NAME. JUDGE, SHE'S A JUDGE NOW. UHM

YOUNG: DICKEY.

BARBER: YEAH, JUDGE DICKEY NOW. UHM THE OLD ATIORNEY WAS IN THERE. YOU KNOW, THERE WAS LIKE, IT SEEMS LIKE SOMEBODY ELSE WAS IN THERE TOO AND I DON'T KNOW WHO IT WAS. LIKE THERE WAS FOUR PEOPLE IN THAT ROOM AND ME. AND THOSE FINDINGS WERE CHANGED.

YOUNG: TELL ME ABOUT THAT, IN LIKE ALL THE DETAILS AND WHAT

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WASN'T GOING TO HAVE THE FINDING THEY WANTED, THAT'S WHAT THEY TOLD ME AND AN HOUR LATER AFTER THAT THIRTY MINUTE AT LEAST CHEWING OUT SESSION THEN I WAS TRANSFERRED AND THE FINDINGS WERE LATER CHANGED. THEY KEPT MY WHOLE INVESTIGATION AND THEY CHANGED THE FINDINGS LETIER. THE FIND, THE FINDINGS SECTION.

YOUNG: OKAY. WHEN DID THIS HAPPEN?

BARBER: WHEN I WAS IN IA FOR SIX MONTHS. THAT SIX MONTHS STENT I WAS IN THERE, WHEN I WAS A NEWER SERGEANT. SO I, DON'T ASK ME THE YEAR, BECAUSE I DON'T KNOW. LIKE WITHIN THE FIRST YEAR. I THINK I DID SIX MONTHS ON THE STREET AND THEN I WENT TO IA, OR SOMETHING LIKE THAT.

YOUNG: AND TO SUM IT UP, YOU COMPLETED AN INVESTIGATION ON SEXUAL HARASSMENT COMPLAINT AGAINST, WHO WAS IT?

BARBER: SERGEANT NEWTON. I THINK HE WAS A SERGEANT THEN TOO.

YOUNG: OKAY. AND YOU COMPLETED YOUR INVESTIGATION

BARBER: YEP

YOUNG: AND SUBMITIED YOUR FINDINGS TO WHO?

BARBER: TO MY SUPERVISORS, WHICH WAS WALTER MATIHEWS AND DARLENE AND (INAUDIBLE)

YOUNG: SO WALTER MATIHEWS WAS THE IA SUPERVISOR THEN

BARBER: YEAH. I THINK HE WAS A FIRST LIEUTENANT THEN OR SOMETHING. AND THEN DARLENE WAS OVER HIM.

YOUNG: ONCE YOU GAVE HIM THE FOLDER, THEN TELL ME WHAT HAPPENED

BARBER: THEN, IT WAS LIKE WITHIN A DAY OR SO, I DON'T KNOW. I DON'T KNOW WHAT DAY I GAVE IT TO HIM. BUT I WAS CALLED IN TO EITHER HIS OR HER OFFICE. IT WAS THE CORNER OFFICE OVER THERE. AND THEY ALL

YOUNG: AND THEN THIS, MEANING YOU HAD WALTER MATIHEWS UHM

BARBER: DARLENE DICKEY

YOUNG: l'M ASSUMING GERRY CHAMPAGNE

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BARBER: YES, THAT'S HIS NAME. AND IT SEEMS LIKE SOMEONE ELSE WAS IN THERE. I JUST CAN'T THINK. I THOUGHT THERE WAS FOUR PEOPLE. BUT I JUST CAN'T THINK OF WHO THE FOURTH ONE WOULD HAVE BEEN.

YOUNG: OKAY. AND THE CONTEXT OF THIS MEETING, WAS IT THAT THEY DID NOT LIKE

BARBER: YEAH THEY SAID

YOUNG: (INAUDIBLE)

YOUNG: DID THEY SAY THAT CHIEF HAINES DID NOT LIKE WHAT YOU HAD ORIGINALLY SUBMITTED?

BARBER: I DON'T KNOW IF THEY EVEN SHOWED IT TO HIM. I HAVE NO IDEA.

YOUNG: SO YOU DON'T KNOW IF HE EVEN KNEW YOU HAD CONCLUDED THE INVESTIGATION

BARBER: I DON'T (INAUDIBLE)

YOUNG: WHAT YOUR FINDINGS WERE.

BARBER: I DON'T KNOW. THEY

YOUNG: SO IT WAS A VERY VAGUE STATEMENT BY DARLENE DICKEY

BARBER: I THINK IT WAS DARLENE

YOUNG: AND DID A PHYSICAL GESTURE

BARBER: YEAH. IT WAS EITHER

YOUNG: (INAUDIBLE)

BARBER: HIM

YOUNG: POINTING TOWARDS THE ADMINISTRATION OFFICES

BARBER: YEAH

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YOUNG: THROUGH THE WALL OR

BARBER: IT WAS EITHER HIM OR HER I MEAN OR WALTER THAT SAID THAT.

YOUNG: OKAY. AND SO YOU WENT BACK AND DID WHAT

BARBER: I TOLD THEM THAT WE WOULD HAVE TO AGREE TO DISAGREE BECAUSE I DIDN'T AGREE WITH THEM. THAT IT DID NOT MEETTHE STANDARDS FOR THAT. IT DIDN'T MEETTHE TWO PRONG TEST AND STUFF. AND SO I LEFT. AN HOUR LATER I GOT TRANSFER ORDERS.

YOUNG: DO YOU KNOW WHO TRANSFERRED YOU?

BARBER: I MEAN, YOU KNOW, YOU GET THOSE FROM HR.

YOUNG: WELL

BARBER: NOi

YOUNG: BUT YOU KNOW THAT IN ORDER TO TRANSFER SOMEBODY, A SUPERVISOR HAS TO SUBMIT A TRANSFER REQUEST FORM.

BARBER: I DON'T KNOW WHO WOULD'VE DONE THAT.

YOUNG: DID WALTER MATIHEWS TELL YOU, HEY YOU'RE GETIING TRANSFERRED

BARBER: NOT THAT I KNOW OF. I MEAN, THEY, I DON'T REMEMBER. I DON'T REMEMBER IF THEY CALLED ME, STOPPED BY MY OFFICE, OR I MIGHT'VE SEEN IT IN AN EMAIL. I REALLY DON'T REMEMBER. I JUST KNOW IT WAS AN HOUR LATER. AND I, I PROBABLY TOOK, I PROBABLY WROTE NOTES ON IT. I MEAN, I PROBABLY, IF I, IF THEY WALKED IN MY OFFICE AND TOLD ME, I PROBABLY WROTE A NOTE DOWN ABOUT IT.

YOUNG: DO YOU KNOW OR REMEMBER IF THEY SAID THAT CHIEF HAINES WANTED YOU TRANSFERRED?

BARBER: NO. I DIDN'T ASK. I REALLY DIDN'T WANT TO KNOW. I DIDN'T WANT TO BE THERE AROUND THAT KIND OF ENVIRONMENT ANYMORE.

PITIMAN: WAS, WAS HE THE CHIEF AT THE TIME OR THE

BARBER: I DON'T

PITIMAN: ADMINISTRATIVE COMMANDER?

BARBER: I DON'T KNOW WHAT HE WAS

YOUNG: (INAUDIBLE)

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PITIMAN: OKAY

BARBER: HE WAS ABOVE US

YOUNG: DID YOU HEAR ANY RUMORS

BARBER: THAT'S, HE WAS OVER

YOUNG: THAT CHIEF HAINES WANTED YOU TRANSFERRED?

BARBER: NO. I DON'T, I HAVE NO IDEA WHO ORCHESTRATED THAT. I JUST FIGURED THEY DIDN'T LIKE WHAT I SAID. SO. BECAUSE I WASN'T JUST GOING TO FIND SOMEONE GUILTY OF SOMETHING IF THEY TOLD ME TO. I NEEDED TO HAVE WHAT I NEEDED TO HAVE.

YOUNG: SO YOU FELT LIKE YOU DID AN ADEQUATE INVESTIGATION ON A MALE OFFICER WHO HAD A SEXUAL HARASSMENT COMPLAINT FILED AGAINST HIM

BARBER: RIGHT

YOUNG: AND THATTHE FACTS DIDN'T SUPPORT THE ALLEGATION

BARBER: RIGHT

YOUNG: WAS HE ULTIMATELY FOUND TO HAVE VIOLATED THAT OR

BARBER: YES. THEY, THEY CHANGED MY FINDINGS PARAGRAPH. THEY LEFT MY WHOLE ENTIRE INVESTIGATION AND THEY CHANGED MY FINDINGS PARAGRAPH. AND THEY SUBMITIED IT. AND THEN WHEN THEY WENT TO THE DRB, THEY CONVENIENTLY LEFT OUT MY SECTION AND SOMEBODY ASKED ABOUT IT AND IT WASN'T, AS FAR AS I KNOW, PRODUCED.

YOUNG: AND WHEN YOU SAY THEY ARE YOU

BARBER: THE BOARD. THEDRBBOARD

YOUNG: NO. WHO CHANGED YOUR FINDINGS SHEET?

BARBER: JERRY, OKAY, YOU GOT GERRY CHAMPAGNE, THE ATIORNEY. JERRY CHAMPION WAS THE GUY THAT WORKED IN HERE. AND HE'S THE ONE THEY GAVE ITTO, TO, TO FINI, TO CHANGE OR WHAT, I DON'T KNOW.

YOUNG: SO HE TOOK YOUR INVESTIGATION AND DID AN ADDITIONAL INQUIRY BASICALLY.

BARBER: I DON'T THINK HE DID ANYTHING ELSE. THE ONLY THING THAT I SAW WAS THAT MY FINDINGS WERE CHANGED ON THE BOTIOM. THE REST OF IT READ THE SAME AS MINE.

YOUNG: SO DID THEY REASSIGN THE CASE TO HIM?

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BARBER: YES. I DON'T KNOW IF HE DID ANYTHING ELSE THOUGH

YOUNG: OKAY. WHAT ENDED UP BEING THE OUTCOME OF THE ORB?

BARBER: UH I DON'T KNOW. I DON'T REMEMBER. HE DIDN'T GET DEMOTED FROM THAT, BECAUSE THEY HAD SOME OTHER STUFF PENDING, AND THEY LATER ON, HE DIDN'T THINK HE WAS GOING TO GET DEMOTED. SO HE JUST ACCEPTED WHATEVER THEY GAVE HIM. I DON'T KNOW WHAT ff WAS. AND THEN HE HAD SOME OTHER THINGS COME UP THAT THEY WERE HOLDING ONTO AND THEN ONCE HE HAD THIS PUNISHMENT, THEN THEY BROUGHT THOSE OUT AND HE GOT DEMOTED.

YOUNG: AND WHAT WAS IT THAT THEY, AND PLEASE CHARACTERIZE THEY

BARBER: THEY LIKE IN, I DON'T KNOW, WHOEVER HIS SUPERVISORS WERE BECAUSE I DON'T KNOW WHO IT WAS

YOUNG: OKAY.

BARBER: 'CAUSE HE WAS ON THE SHIFT AND THEN HE GOT SENT TO THE FRONT DESK BUT THEN THERE WAS NO TRANSFER ORDER, SO HE THOUGHT HE REPORTED TO WHOEVER HIS SUPERVISORS WERE, AND I, I DON'T KNOW. SO HE WAS KIND OF CONFUSED. SO SOMETHING LIKE HE DIDN'T COME INTO WORK, BUT HE TOLD HIS SUPERVISOR THAT HE THOUGHT WAS HIS SUPERVISOR HE WASN'T COMING IN, OR HE WAS SICK BUT HE DIDN'T TELL THE PEOPLE AT THE FRONT DESK. AND SO HE GOT IN TROUBLE FOR THAT.

YOUNG: SO HE HAD SUBSEQUENT DISCIPLINE TO

BARBER: AFTER

YOUNG: THE IA

BARBER: YES

YOUNG: THAT YOU DID.

BARBER: MM-HMM

YOUNG: WAS HE ON PROBATION ATTHE TIME?

BARBER: I DON'T KNOW

YOUNG: YOU DON'T REMEMBER

BARBER: UNH-UH. WELL THAT WAS A REAL LONG TIME AGO, OKAY.

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YOUNG: AND BASED ON THE SUBSEQUENT DISCIPLINE, YOU SAID HE WAS ULTIMATELY DEMOTED.

BARBER: YES. LATER ON FOR WHATEVER ELSE HE HAD.

YOUNG: ARE YOU AWARE OF ANY FIRST HAND KNOWLEDGE OF CHIEF HAINES' INVOLVEMENT IN

BARBER: THE REST OF IT?

YOUNG: THE (INAUDIBLE)

BARBER: I DON'T KNOW

YOUNG: OKAY

BARBER: I WAS BACK ON THE STREET AND I WAS HAPPY. I WASN'T, DIDN'T WANT TO BE INVOLVED IN ANY OF THE IA STUFF. AND I DON'T THINK I REPED HIM ON ANY OF THOSE. I THINK LEE PROBABLY DID. MIGHT'VE EVEN BEEN BAIN. I, I DON'T KNOW. I DON'T KNOW. I WAS A SERGEANT

YOUNG; (INAUDIBLE) ON PBA WHEN YOU WERE IN IA, AND WHEN YOU WERE IN IA?

BARBER: MM-HMM

YOUNG: OKAY. DID YOU HAVE ANY CONFLICT WITH THAT?

BARBER: UNH-UH

YOUNG: I NEED YOU TO ANSWER VERBALLY

BARBER: OH SORRY. NO. NO.

YOUNG: SO YOU FELT CONFIDENT THAT YOU WERE ABLE TO CONDUCT AN INTERNAL AFFAIRS INVESTIGATION ON SOMEBODY BUT THEN ALSO SEPARATE IT AND REP SOMEONE IF NEEDED TO

BARBER: WELL I WOULD

YOUNG: ON WHAT YOU (INAUDIBLE)

BARBER: THEY WEREN'T GOING TO USE ME AS A REP WHILE I WAS, YOU KNOW, IN THAT ROLE. BUT THEY LIKED THE FACT THAT I WAS THERE BECAUSE THEY KNEW I WASN'T GOING TO VIOLATE ANYONE'S RIGHTS.

YOUNG: RIGHT

BARBER: SO

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YOUNG: DID YOU EVER REP ANYBODY WHILE YOU WERE IN IA

BARBER: NO,NO

YOUNG: NO. OKAY. DID YOU EVER RECEIVE ANY HARDSHIP OR HOSTILE COMMENTS FROM WALTER MATIHEWS AS YOUR FIRST LINE SUPERVISOR IN IA BECAUSE OF YOUR PBA AFFILIATION?

YOUNG: SO THEN THE BOARD WAS COMPRISED OF PBA (INAUDIBLE)

BARBER: TWO PBA, TWO IA

YOUNG: (INAUDIBLE) YEAH

BARBER: YEAH

YOUNG: OKAY. DID ANYBODY EVER SAY THEY HAD HEARD RUMORS OR COMPLAINTS THAT THE ADMINISTRATION OR SPECIFICALLY CHIEF HAINES HAD A PROBLEM WITH THAT?

BARBER: WITH US BEING ON THE BOARD?

YOUNG: CORRECT

BARBER: I DON'T THINK SO

YOUNG: DID ANYTHING EVER ARISE ALLEGING COMPLICATIONS THAT YOU WERE BLENDING YOUR JOB ASSIGNMENT IN IA WITH REPRESENTING ANYBODY

BARBER: NO

YOUNG: FROM ANYBODY THAT WAS IN IA AND (INAUDIBLE)

BARBER: I DIDN'T REPRESENT ANYONE

YOUNG: BUT WHEN WALTER MATIHEWS WAS HERE OR I BELIEVE scan ALLDAY, HE WAS ALSO

BARBER: (INAUDIBLE)

YOUNG: ONE UHM

BARBER: HE WAS HERE FOR LIKE, NOT LONG

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YOUNG: SO ANY OF THE PEOPLE THAT WERE IN IA, WERE THEY, DID THEY EVER COUNTER ANY RESISTANCE OR HARDSHIPS FROM THE ADMINISTRATION

BARBER: I MEAN, I DON'T KNOW

YOUNG: NOT THAT YOU KNOW OF

BARBER: NO I DON'T, I STAYED IN MY OFFICE.

YOUNG: {INAUDIBLE)

BARBER: YEAH

YOUNG: SO IF SOMEBODY HAD ENCOUNTERED ANY HOSTILITY FROM THE ADMINISTRATION BY BEING

BARBER: THEY PROBABLY WOULD'VE TALKED ABOUT IT, BUT IT, I MEAN, IT'S NOT LIKE WE MEET ONCE A QUARTER. SO YOU KNOW

YOUNG: BUT I WOULD HOPE SINCE YOU ARE PBA THAT IF ANOTHER PBA MEMBER WAS BEING TORMENTED OR

BARBER: THEY MIGHT NOT NECESSARILY TELL ME. I DON'T KNOW. YOU'D HAVE, I DON'T KNOW ANYTHING BUT THAT DOESN'T MEANTTHAT IT DIDN'T HAPPEN OR THAT IT DID HAPPEN OR IT DID HAPPEN. I DON'T KNOW

YOUNG: WHEN YOU WERE ON THE PBA, WHEN YOU WERE IN INTERNAL AFFAIRS, WHAT WAS YOUR POSITION? I CAN'T REMEMBER

BARBER: I WAS ON THE, JUST THE BOARD

YOUNG: JUST THE BOARD

BARBER: YEAH

YOUNG: WERE YOU THE

BARBER: YEAH. I MEAN THERE WAS A BUNCH OF PEOPLE ON THE BOARD, SO. I WASN'T EXECUTIVE. NO.

YOUNG: OKAY. OKAY. THAT WAS A, A UTILE LATCH ON RIGHT THERE. I WAS JUST. WELL THE, I WAS ALWAYS CONFUSED JUST BY THIS BOARD AND THEN THE EXECUTIVE BOARD

BARBER: OH

YOUNG: WHICH YOU KNOW PERSON WAS WHO AND SO FORTH

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BARBER: WELL, ME, ZAC, AND LEE, AND A BUNCH OF US GOT ON THE BOARD A LONG TIME AGO WHEN WE WERE IN INVESTIGATIONS. SO

YOUNG: OKAY. OKAY. DO YOU HAVE ANYTHING ELSE TO EXPOUND UPON FOR PARAGRAPH THIRTEEN? OR THAT YOU WANT ME TO KNOW ABOUT

BARBER: NO

YOUNG: ALRIGHT. SO WE'LL MOVE ON TO PARAGRAPH FOURTEEN. THE TWENTY EIGHTEEN, TWENTY NINETEEN INCIDENT, YOU'RE REFERENCING NEWLY PROMOTED SERGEANT

BARBER: THAT WAS SERGEANT GREENE.

YOUNG: AND CAN YOU TELL ME YOUR PERSONAL KNOWLEDGE OF THIS INCIDENT THAT OCCURRED?

BARBER: WELL, UH, ONE OF THE GIRLS THAT WAS, THAT, THAT WAS ON MY SHIFT CAME FROM THAT SHIFT. AND SO SHE'S FRIENDS WITH STILL THE PEOPLE ON THAT SHIFT AND YOU KNOW

YOUNG: AND WHO WAS THAT?

BARBER: MIMZY. OH THE GIRL ON MY SHIFT WAS UH BRITIANY, BRITIANY, BRITIANY, BRITIANY

YOUNG: POWERS?

BARBER: POWERS. YEAH. AND THEN SHE'S STILL FRIENDS WITH THE WOMEN ON THAT, THE GIRLS ON THAT SHIFT. PLUS MITCH STEVENS, HIS NOW WIFE WAS ON THAT SHIFT. UHM, EMILEE AND SO MIMZY AND ALL OF THEM ARE JUST FRIENDS BECAUSE THEY ALL WORK TOGETHER, WHATEVER. SO, YOU KNOW, EVERYONE WAS TALKING ABOUT HIM. AND THEN UHM BUT THEY HAD SAID THAT IT WAS, HAD BEEN REPORTED TO LISA DIXON, HALL, WHATEVER. UHM AND THAT SHE WAS WORKING IT.

YOUNG: WHAT WAS REPORTED?

BARBER: THE COMMENTS HE WAS MAKING

YOUNG: AND WHAT WERE THOSE COMMENTS?

BARBER: UHM SOMETHING, I DON'T KNOW. THEY JUST SAID, WELL THERE WAS THE ONE CASE TOO WHERE HE SUPPOSEDLY (INAUDIBLE) OR SOMETHING. I DON'T REMEMBER THAT GIRLS NAME BECAUSE I DON'T REALLY KNOW HER. UHM AND I THINK LEE REPPED SOMEBODY IN THAT, MAYBE GREENE IN THAT CASE. I DON'T KNOW. AND UHM I DON'T THINK HE WAS FOUND GUILTY OF ANYTHING ON THAT ONE. BUT THEN UHM, SO IT WAS KIND OF ALL COMING OUT IN RUMORS TOGETHER. YOU KNOW UHM BUT THAT

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HE CALLED MIMZY FAT AND STUFF LIKE THAT, AND THAT HE ALWAYS WOULD JUST BE DOWN ON THE WOMEN ALL THE TIME ON HIS SHIFT. AND THEN THAT GIRL AMBER THAT GOT FIRED, UHM SHE WENT DOWN THERE FOR A COUPLE WEEKS AND SHE SAID RIGHT AFTER SHE WENT DOWN THERE, SHE SAID SOMETHING LIKE UHM SHE DIDN'T REALLY HAVE A, SHE DIDN'T REALLY SEE THE SUPERVISORS SO MUCH, BECAUSE I THINK THAT WAS A WEEKEND OR SOMETHING. AND THAT UHM UHM HE TOLD HER, GREENE TOLD HER UHM THAT HE WAS GOING TO BE PULLING UP HER VIDEOS EVERY NIGHT AND WATCHING THEM AND MAKING SURE THAT ON ALL OF HER TRAFFIC STOPS THAT SHE USED HER SPOT LIGHT AND DID EVERYTHING THAT SHE WAS SUPPOSED TO HAVE. AND SHE WAS LIKE, WHAT THE HECK. I FEEL LIKE l'M IN FTO ALL, ALL OVER AGAIN. I SAID, WELLJUST, YOU KNOW, YOU'RE NEW. HE DOESN'T KNOW YOU. THAT KIND OF THING. YOU KNOW. GIVE HER THE PEP TALK AND YOU KNOW BUT OTHER THAN THAT, SHE DIDN'T HAVE ANY PROBLEMS BUT SHE WASN'T ON THAT SHIFT BUT A COUPLE OF WEEKS. THAT'S IT SO

YOUNG: RIGHT

BARBER: YOU KNOW. AND THEY, EVERYONE HAS SAID THE STUFF WAS BEING WORKED ON BY LISA, SO.

YOUNG: SO LETS BACK UP AND BRITTANY POWERS WAS ON THAT SHIFT AND SHE CAME TO YOUR SHIFT

BARBER: YES.

YOUNG: AND DID SHE

BARBER: BUT I DON'T THINK SHE WORKED UNDER HIM. l'M NOT SURE

YOUNG: OKAY

BARBER: I DON'T THINK SHE WORKED UNDER HIM. BUT SHE WAS JUST FRIENDS WITH

YOUNG: SO SHE HEARD

BARBER: THESE OTHER WOMEN

YOUNG: FROM THE OTHER FEMALES

BARBER: YEAH BECAUSE MIMZY AND, AND ELLIS IS UP THERE ON THE NORTH END. SO EVERYBODY TALKS ABOUT IT

YOUNG: SO THE FEMALES THAT WERE IMPACTED BY THE STATEMENTS TALKED AND DISCUSSED THINGS. BRITTANY POWERS CAME TO YOUR SHIFT. SHE SHARED THIS INFORMATION WITH YOU AND CONCERNS.

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BARBER: YEAH. JUST IN GENERAL CONVERSATION WITH EVERYBODY, YOU KNOW, THAT

YOUNG: AND WHAT ADVICE OR GUIDANCE DID YOU GIVE HER OR

BARBER: WELL, I ASKED HER IF IT HAD BEEN REPORTED.

YOUNG: OKAY

BARBER: AND UHM BUT I THINK BY THEN IT ALREADY HAD. BECAUSE SHE SAID, WELL, THAT SHE MIGHT'VE FIRST TOLD ME ABOUT THE ONE CASE THAT HAD, ITWAS DONE ON HIM. THAT OTHER GIRL. I DON'T KNOW BECAUSE I THINK SHE'S FRIENDS WITH THEM TOO. AND ALL THEM YOUNGER OFFICERS, YOU KNOW, THEY PROBABLY WENT THROUGH TRAINING TOGETHER AND STUFF. I DON'T KNOW. AND SO, SO I HEARD ABOUT THAT MESS PLUS YOU KNOW, BEING PBA I HEAR ABOUT STUFF TOO. SO TRYING TO TELL YOU WHO EXACTLY TOLD ME WHAT IS KIND OF HARD BECAUSE I HEAR STUFF FROM SO MANY DIFFERENT PLACES. YOU KNOW

YOUNG: SO IT SOUNDS THOUGH THAT HE HAD COMPLAINTS BROUGHT AGAINST HIM

BARBER: YEAH

YOUNG: FOR SEXUAL HARASSMENT

BARBER: COMMENTS

YOUNG: COMMENTS. HOSTILE COMMENTS.

BARBER: RIGHT

YOUNG: EVEN GENDER BASED COMMENTS. THOSE WERE ALL REPORTED BY ALL THESE FEMALE OFFICERS

BARBER: YEAH REALLY, I KNOW BY

YOUNG: OR AT LEAST CORROBORATED

BARBER: WHEN, I KNOW AT LEAST MIMZY FILED SOMETHING WITH LISA.

YOUNG: OKAY

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YOUNG: SO AN INVESTIGATION WAS DONE. IT WAS REPORTED. DO YOU KNOW IF IT'S STILL AN ACTIVE INVESTIGATION AT THIS POINT?

BARBER: THAT I DON'T KNOW. BECAUSE I THOUGHT THAT, THEY WERE ALL UNDER THE IMPRESSION THAT IT WAS HANDLED. BUT THAT'S, YOU KNOW, RUMOR. SO I DON'T KNOW.

YOUNG: AND WHAT HAPPENED TO HIM THAT YOU KNOW ABOUT?

BARBER: THE ONLY THING I HEARD WAS THAT HE ENDED UP BEING TRANSFERRED NORTH. BUT THEY DIDN'T TRANSFER HIM RIGHT AWAY. BECAUSE THAT WAS WHAT THE WHOLE THING, UHM, I GUESS LEE HAD GOTIEN CONTACTED BY MIMZY TOO AND SO HE TOLD HER, HE WAS GONNA WORK WITH HER ON SENDING THE COMPLAINT TO LISA OR SOMETHING LIKE THAT. I DON'T REMEMBER AND I GUESS SHE DID IT AND DIDN'T TELL HIM SHE WAS DONE WITH THE LETIER THAT SHE WROTE OR SOMETHING. AND SHE WENT AHEAD AND TURNED IT IN. SO HE WAS LIKE, I TOLD HER l'D HELP HER BUT SHE DIDN'T CALL HIM. SO I GUESS SHE DID IT ON HER OWN AND UHM HE, HE WASN'T TRANSFERRED FOR, EVEN AFTER THE ONE COMPLAINT, I DON'T THINK HE WAS TRANSFERRED FOR A WHILE. AND LIKE NEWTON WAS TRANSFERRED LIKE IMMEDIATELY. AND I THINK THAT'S EVEN WHAT POLICY SAYS. YOU KNOW. BUT HE WASN'T TRANSFERRED UNTIL NUMEROUS PEOPLE COMPLAINED. OR SEVERAL. LIKE NOT, I MEAN ON THE SHIFT. AND THEN, THAT'S WHEN HE GOT TRANSFERRED UP TO UH I THINK IT'S E NORTH, OR, I THINK IT'S E NORTH. IT MIGHT HAVE BEEN F. I DON'T REMEMBER. I NEVER

YOUNG: RIGHT

BARBER: I ONLY SAW, I THINK IT WAS E BECAUSE HE WAS WITH UH UHM BRIAN SHORETIE AND I ONLY SAW HIM A COUPLE OF TIMES.

YOUNG: SO SOUNDS LIKE A LOT OF GU, STUFF GOING ON WITH THIS PARTICULAR SERGEANT.

BARBER: YEAH

YOUNG: DO YOU FEEL LIKE THERE WAS DISCRIMINATION AGAINST ANYBODY THAT WASN'T HANDLED PROPERLY? EITHER AGAINST A MALE OR A FEMALE BASED ON HIS ACTIONS? OR DO YOU FEEL LIKE

BARBER: BASED ON, I MEAN. WHAT HE WAS DOING? I DON'T, I DON'T GET WHAT YOU WERE TRYING TO SAY, OR ASK

YOUNG: WELL, DO YOU FEEL LIKE THE ACTIONS OF THE AGENCY IN RESPONSE TO ALL OF THESE COMPLAINTS WAS HANDLED APPROPRIATELY?

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BARBER: I DON'T THINK IT, I MEAN, l'M NOT TRYING TO JUDGE, BUT IT'S JUST MY OPINION. I DON'T THINK ITWAS HANDLED QUICKLY ENOUGH. YOU KNOW WHAT I MEAN? LIKE THEY TRANSFERRED HIM, BUT HOW LONG DO THOSE WOMEN HAVE TO WORK WITH HIM, AND THEN THEY TRANSFERRED HIM TO MIMZY'S HUSBAND'S SHIFT. HE'S HIS SUPERVISOR NOW. THAT'S JUST. WE WERE All LIKE, THIS DOESN'T MAKE SENSE. BUT WE DON'T MAKE THOSE DECISIONS BUT NONE OF US CAN UNDERSTAND, YOU KNOW, WE, WE'RE COPS AND WE QUESTION EVERYTHING. AND WE'RE TRYING TO UNDERSTAND THE WHY OF EVERYTHING. YOU KNOW, THAT'S JUST OUR NATURE AND SO WE'RE LIKE (INAUDIBLE) BUT THEN I SAW ELLIS AND HE SEEMED OKAY. ELLIS IS GENERALLY A HAPPY KIND OF GUY, SO HE DOESN'T LET A LOT OF THINGS BOTHER HIM. HE'S VERY HIGH STRUNG. HE DOESN'T LET A LOT OF THINGS BOTHER HIM LIKE THAT. SO, l'M LIKE WELL IF ELLIS IS OKAY, THEN WE'RE NOT GONNA QUESTION THAT. YOU KNOW. BUT I JUST, BUT I JUST DON'T THINK THEY TRANSFERRED HIM. WHEN YOU GET A COMPLAINT, FROM MY UNDERSTANDING, YOU'RE SUPPOSED TO BE TRANSFERRED RIGHT AWAY. SEPARATE THE PARTIES. AND THEN YOU CAN DO THE INVESTIGATION. AND, YOU KNOW.

YOUNG: BUT IN ALL FAIRNESS, DO WE KNOW EXACTLY WHAT THE COMPLAINT WAS AND WHO ACTUALLY

BARBER: MIMZY HAD THE

YOUNG: (INAUDIBLE)

BARBER: MIMZY HAD FILED A COMPLAINT AND HE WAS STILL ON THAT SHIFT WITH HER.

YOUNG: OKAY. BUT DO WE KNOW EXACTLY WHAT WAS IN THE COMPLAINT?

BARBER: OTHER THAN HIM CALLING HER A FAT ASS OR SOMETHING LIKE THAT, IS WHAT I HEARD. BUT ANYTHING ELSE HE SAID, I DON'T KNOW.

YOUNG: HAVE YOU HEARD FROM ANY OF THE FEMALES THAT THEY FELT LIKE THEY WEREN'T TREATED APPROPRIATELY OR TAKEN CARE OF PROPERLY

BARBER:

YOUNG: THROUGH THE CIRCUMSTANCES

BARBER: NO. BECAUSE I DON'T. l'M NOT FRIENDS WITH MIMZY. I DON'T TALK TO HER. UHM I DON'T, I DON'T THINK BRITIANY WAS INVOLVED IN THAT. I THINK SHE JUST KNOWS THEM FROM BEING ON THAT SHIFT. MIMZY'S PROBABLY KIND OF LIKE A MOMMA FIGURE TO THEM. YOU KNOW

YOUNG: YEAH

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BARBER: AND UH EMILEE I DON'T TALK TO A LOT BUT SHE, I KNOW I TALKED TO HER AT CHRISTMAS PARTY, OUR SHIFT CHRISTMAS PARTY. AND SHE JUST WASN'T HAPPY WITH THE WAY THINGS WERE GOING BASICALLY. YOU KNOW

YOUNG: WITH HIM

BARBER: YEAH. AND THE SHIFT AND EVERYTHING. SO.

YOUNG: SO NONE OF THEM THAT YOU KNOW OF THAT HAVE COMPLAINED OF GENDER DISCRIMINATION OR

BARBER: YEAH. I DON'T KNOW WHAT THEIR COMPLAINT

YOUNG: (INAUDIBLE)

BARBER: (INAUDIBLE) WAS. YEAH

YOUNG: OKAY. OKAY. AND YOU DON'T HAVE ANY GENDER BIASED DISCRIMINATION ISSUES AGAINST YOU IN THIS CIRCUMSTANCE

BARBER: NO. I DON'T. NEVER WORKED WITH HIM BUT ONE GIG MAYBE. YOU KNOW

YOUNG: AND ARE YOU AWARE OF CHIEF HAINES' INVOLVEMENT IN ANY OF THIS?

BARBER: NO

YOUNG: WOULD THIS TYPICALLY HAVE BEEN HANDLED UNDER THE OPERATION SIDE?

BARBER: WHAT DO YOU MEAN THE OPERATION SIDE?

YOUNG: THE DISCIPLINE AND THE INVESTIGATION AND TRANSFER OF COMPLAINTS

BARBER: THAT SHOULD BE DONE UNDER IA

YOUNG: BUT WOULD IT START OUT FROM THE OPERATION SIDE, GO UP AND THEN WHENEVER IT'S DECIDED ON TRANSFER

BARBER: !DON'T

YOUNG: NOT TRANSFER

BARBER: I THINK A LOT DEPENDS ON WHO GETS A COMPLAINT FOR THOSE KINDS OF THINGS.

YOUNG: RIGHT

BARBER: YOU KNOW. SO I DON'T KNOW IF THE COMPLAINT WENT STRAIGHT TO LISA. I DON'T, I DON'T KNOW. BUT SHE SUPPOSEDLY IMMEDIATELY NOTIFIED THE SHERIFF AND THEN

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THERE'S SUPPOSED TO BE A, YOU KNOW, HE'S SUPPOSED TO SEND ITTO IA OR WHOEVER.

YOUNG: WHO SAYS THAT THAT'S HOW IT IS SUPPOSED TO BE DONE?

BARBER: I THINK IT'S IN POLICY. OR AT LEAST IT USED TO BE. WHEN I WORKED MY, MINE, SEXUAL, SEXUAL HARASSMENT AND HOSTILE WORK ENVIRONMENT COMPLAINTS ARE, HAVE THEIR OWN LITTLE THING. LIKE THEY'RE SUPPOSED TO BE HANDLED SPECIFICALLY. AND LOOK HOW MUCH A POLICY CHANGES. I MEAN, MY GOD, I CAN'T MEMORIZE THE WHOLE THING. BUT BACK WHEN I DID MINE, THAT'S THE WAY IT WAS.

YOUNG: OKAY

BARBER: AND PEOPLE CAN FILE THEIR COMPLAINTS, YOU KNOW, WITH WHOEVER THEY WANT TO. BUT THE SHERIFF

YOUNG: RIGHT

BARBER: IS SUPPOSED TO FIND OUT ABOUT IT.

YOUNG: RIGHT. THAT SUMS UP PARAGRAPH FOURTEEN. ARE YOU GOOD OR DO YOU NEED A BREAK?

BARBER: l'MGOOD.

YOUNG: ALRIGHT

BARBER: (INAUDIBLE) IN MY SEAT

YOUNG: SERGEANT, YOU GOOD? YOU NEED A BREAK

PITTMAN: l'M FINE

YOUNG: ALRIGHT. PARAGRAPH FIFTEEN. WHERE EVERYBODY CAN FOLLOW THIS.

BARBER: OH (INAUDIBLE)

YOUNG: (INAUDIBLE) THE SERGEANT

BARBER: OH. THAT ONE. YEAH.

YOUNG: IN THIS ONE

BARBER: THAT'S UH FIFTEEN, THAT IS, THAT WAS SHORETTE

YOUNG: UHM. YEAH THAT UH HE HAD MULTIPLE INTERNAL AFFAIRS INVESTIGATIONS.

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BARBER: YEAH. SHORETIE. YEAH.

YOUNG: SERGEANT

BARBER: YOU'D HAVE TO ASK LEE ABOUT THAT BECAUSE LEE KNOWS ABOUT ALL OF HIS COMPLAINTS.

YOUNG: UHM HOW MANY INTERNAL AFFAIRS INVESTIGATIONS ARE YOU AWARE OF?

BARBER: I DON'T KNOW

YOUNG: AND WHY DO YOU SUGGEST LEE FOR THE INFORMATION?

BARBER: BECAUSE I THINK HE'S EITHER BEEN HIS REP OR HE KNOWS ABOUT, BECAUSE HIM BEING THE PRESIDENT, HE KNOWS ABOUT ALL OF THE INVESTIGATIONS THAT GO ON.

YOUNG: OKAY

BARBER: HE TELLS ME ABOUT SOME WHEN THEY'RE DONE AND YOU KNOW TRYING TO LOOK FOR PEOPLE FOR THE REVIEW BOARDS AND JUST STUFF LIKE THAT. YOU KNOW. WHAT KIND OF COMPLAINT IS IT? OKAY, YOU KNOW. WHO HASN'T DONE ONE IN A WHILE. THAT KIND OF THING.

YOUNG: RIGHT. DO YOU HAVE ANY PERSONAL KNOWLEDGE OF SERGEANT SHORETIE' S DISCIPLINE OR IA'S?

BARBER: NO. I REALLY DON'T WANNA KNOW.

YOUNG: DO YOU KNOW IF ANY OF HIS ALLEGATIONS WERE SUSTAINED VIOLATIONS?

BARBER: I DON'T KNOW.

YOUNG: DO YOU KNOW OF ANY FEMALE COMPARISONS THAT HAVE GONE THROUGH A LOT OF DISCIPLINE AND GONE THROUGH IA'S AND TREATED IN THE SAME FORM OR FASHION AS HE?

YOUNG: WHY DO YOU SAY THAT YOU CAN'T THINK OF A FEMALE THAT'S HAD THAT MANY IA'S

BARBER: BECAUSE I, I DON'T KNOW. LOOK, LEE WILL TELL ME ABOUT SOMETHING THAT HAPPENED AND I'll FORGET ALL ABOUT IT. I'll BE LIKE, l'M LIKE LEE YOU NEED TO WRITE THIS STUFF DOWN. BECAUSE I CAN'T REMEMBER. THERE'S SO MANY IA'S, I DON'T KEEP THEM STRAIGHT. THEY DON'T REALLY. SO

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YOUNG: DO YOU FEEL LIKE WOMEN HAVE THE SAME DISCIPLINE PROBLEMS AS MEN?

BARBER: HMM PROBABLY I, I DON'T KNOW THEY'RE, EVERYONE IS DIFFERENT. EVERYONE SCREWS UP IN DIFFERENTWAYS. YOU KNOW. SO I DON'T, IT'S NOT A GOOD COMPARISON.

YOUNG: SO YOU THINK THAT THEY'RE PRETTY MUCH EQUIVALENT THEN IN

BARBER: I HAVEN'T HEARD OF ANY FEMALE, BUT I DON'T, I MEAN THERE COULD BE, I DON'T, THAT'S HAD A BUNCH OF IA'S THAT I CAN THINK OF RIGHT NOW.

YOUNG: (INAUDIBLE)

BARBER: l'D HAVE TO REALLY SEE, I MEAN, WE ALL WENT THROUGH THE LIST OF PEOPLE IT MIGHT BE ONLY OFF HER, YOU KNOW, BUT JUST OFF THE CUFF, I DON'T KNOW.

YOUNG: NOT THAT YOU RECALL. ALRIGHT. UHM YOU WERE NOT DISCRIMINATED AGAINST OR HAVE ANY COMPLAINTS ON SERGEANT SHORETIE' S ISSUES, DO YOU?

BARBER: NO

YOUNG: ALRIGHT. AND ANY INVOLVEMENT FROM CHIEF HAINES

BARBER: I DON'T (INAUDIBLE)

YOUNG: IN THIS CASE THAT YOU KNOW OF?

BARBER: NO CLUE. HAD TO HAVE BEEN IF, IF THERE WERE IA'S THOUGH

YOUNG: ALRIGHT. THAT PARAGRAPHS (INAUDIBLE).

BARBER: WAS THAT FOURTEEN, FIFTEEN, WHICH ONE? FIFTEEN

YOUNG: YEP. WE GOT THAT. WE'RE ON TO SIXTEEN NOW. YOU REFERENCED TRANSFER REQUESTS AND SO FORTH. ARE YOU PERSONALLY AWARE OF ANY FEMALE SUPERVISORS REQUESTING A TRANSFER TO PENSACOLA BEACH, WARRANTS, CENTURY

BARBER: UNH-UH

YOUNG: DUI, HIP, TAC, HOMELAND SECURITY, OR BIKE PATROL

BARBER: AND THERE'S OTHER UNITS, BUT NO. I THINK THEY TYPICALLY CHOSE THE PEOPLE THAT GET ON THOSE UNITS. BECAUSE YOU HEAR ABOUT, OH SO AND SO WAS ASKED TO GO TO HIP. SO AND SO WAS ASKED FOR THAT, ASKED FOR THAT. AND THEN THEY'LL TELL THEM TO PUT IN A TRANSFER REQUEST. THAT'S THE WAY MOST OF THE STUFF HAPPENS.

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YOUNG: IS THAT FOR ANYWHERE?

BARBER: YEAH.

YOUNG: BUT HAVE YOU HAD ANY FEMALE OFFICERS OR SUPERVISORS COME AND CONFIDE IN YOU AND SAY HEY, I KIND OF WANTED TO GO TO HIP AND I WAS DENIED AND NOT ALLOWED TO GO, OR

BARBER: NO. BECAUSE, LIKE I SAID, THEY USUALLY GO TO SOMEONE AND ASK. THE ONLY THING PEOPLE TALK ABOUT ARE OH THEY ASKED SO AND SO TO GO TO HIP. l'M LIKE, I DON'T KNOW OF ANY FEMALES THEY'VE ASKED. NO ONE, YOU KNOW

YOUNG: WHO WOULD BE THE ONE BEHIND ASKING THE

BARBER: l'M

YOUNG: OFFICERS TO GO?

BARBER: I DON'T KNOW. WHO, WHOEVER'S IN CHARGE OF THE UNITS, I GUESS. THEY CHOOSE SOMEONE THEY WANT AND THEN THEY TELL THEM TO PUT IN A TRANSFER REQUEST. AND A LOT OF PEOPLE GET, AROUND HERE, GET PISSED OFF ABOUT TRANSFER REQUESTS. ANY TIME SOMEONE EVER GAVE ME A TRANSFER REQUEST, I DON'T CARE. IF THEY WANT TO GO SOMEWHERE AND THEY WANT TO LEARN NEW THINGS, DO SOMETHING DIFFERENT, I SIGN OFF ON IT. I DON'T GET MAD. BUT l'VE HAD SERGEANTS THAT GOT MAD AT PEOPLE FOR PUTIING IN TRANSFER REQUESTS. SO, I THINK THAT'S WHY A LOT OF PEOPLE DO IT THAT WAY NOW. YOU KNOW. BECAUSE IF YOU WANT TO COME AND I WANT YOU, I'll GET YOU IN MY UNIT. SO NOW YOU CAN PUT IN THE TRANSFER REQUESTS AND NOT MAKE SOMEONE MAD. I THINK THAT'S KIND OF THE WAY THAT'S COME ABOUT.

YOUNG: OKAY

BARBER: BUT

YOUNG: ARE YOU AWARE OF ANY FEMALES BEING IN THESE SPECIFIC UNITS, NOT NECESSARILY IN A SUPERVISORY ROLE, BUT BE

BARBER: SOME

YOUNG: IN THE UNIT

BARBER: SOME. NAH, NOT IN WARRANTS THAT I KNOW OF. EXCEPT FOR UH WAY BE, WAY LONG TIME AGO. UHM DUI AND TRAFFIC, I DON'T THINK SO. THE SPECIALIZED UNITS HAVE HAD ONE OR TWO. UHM HOMELAND SECURITY, NONE. BIKE PATROL, EVEN, l'M ONE OF THE FEW WOMEN THAT RIDE. YOU GOT INTO IT FOR A TIME

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YOUNG: I WAS FIXING TO SAY, I TOOK A FORTY HOUR CLASS AND ALMOST DIED, SO UHM YEAH I WAS ON BIKE PATROL

BARBER: UHM BUT, YOU KNOW TED ROY RAN IT FOR A LONG TIME. EVEN IF THERE'S MORE PEOPLE, WHICH IT DOESN'T MAKE SENSE OTHER UNITS, IF THERE'S SOMEONE MORE SENIOR IN THE UNIT, THEY'RE THE ONES THAT RUN IT. RIGHT NOW, IT WOULD BE JEREMY SMALL, AND HE. THOSE, THOSE ARE THE ONES THAT SHOULD SCHEDULE IT AND DO IT. YOU KNOW. BUT TED ROY RAN IT AND THEN HE GAVE ITTO DAVID BROWN EVEN WHEN THERE'S MORE SENIOR PEOPLE IN THE UNIT. IT'S ALWAYS BEEN RUN BY WHOEVER THEY, THEY CHOSE. I DON'T KNOW WHO CHOSE, BUT

YOUNG: BUT YOU HAVE NEVER HEARD OF ANY FEMALE OFFICERS THEN THAT HAVE REQUESTED TO GO TO ANY OF THESE UNITS AND NOT BEEN ALLOWED TO GO

BARBER: I DON'T. NO, I HAVEN'T POLLED PEOPLE. I JUST KNOW THERE'S NEVER BEEN SUPERVISORS IN THOSE UNITS.

YOUNG: OKAY. DO YOU KNOW IF ANYBODY EVER REQUESTED TO GO

BARBER: I DON'T KNOW. l'VE, LIKE I, I DON'T POLL PEOPLE. I DON'T ASK THEM. IT'S JUST NOTICEABLE THAT THEY'RE AREN'T ANY THERE.

YOUNG: IF THEY HAD, WOULD SOMEONE HAVE BEEN ABLE TO FILE A GRIEVANCE WITH PBA? WOULD THAT BE SOMETHING THAT IS GRIEVABLE?

BARBER: IF THEY DIDN'T GET IT, MAYBE. BUT THEY WOULD HAVE TO SHOW WHY AND MOST OF THE TIME IT DOES YOU NO GOOD TO FILE A GRIEVANCE, SO THERE'S VERY, VERY FEW GRIEVANCES EVER FILED.

YOUNG: BUT THEY WOULD HAVE THE OPPORTUNITY

BARBER: THEY HAVE THE OPPORTUNITY

YOUNG: TO (INAUDIBLE)

BARBER: MOST PEOPLE WON'T BECAUSE THEY DON'T WANT TO GET IN TROUBLE LATER ON. THEY DON'T WANT ANYONE TO GET MAD AT THEM. SO PEOPLE WILL NOT FILE A GRIEVANCE.

YOUNG: AND DO YOU HAVE NAMES OF PEOPLE THAT FEEL THAT THEY CAN'T FILE A GRIEVANCE BECAUSE THEY FEEL LIKE THEY'LL GET IN TROUBLE?

BARBER: NOT SPECIFICALLY. BUT IF YOU DID A POLL YOU'D PROBABLY JUST BE SURPRISED BY YOUR ANSWERS THAT HAVE TO BE ANONYMOUS. YOU KNOW BECAUSE PEOPLE ARE AFRAID TO ANSWER THAT QUESTION.

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YOUNG: OKAY. HAVE YOU EVER BEEN DENIED A TRANSFER REQUEST TO ANY OF THE MENTIONED DIVISIONS BECAUSE OF YOUR GENDER?

BARBER: UH l'VE BEEN DENIED GOING TO JUST TO WORK WITH UH, WHAT IS IT? NOT, NOT BECAUSE OF MY GENDER, BECAUSE I HAVE RANK OR SOMETHING. BUT UHM UHM HOSTAGE NEGOTIATIONS, WELL I TOOK THE CLASS AS A SUPERVISOR, IF I WOULD'VE KNOWN THEY WOULD NEVER LET ME DO IT JUST BECAUSE l'M A SUPERVISOR, I WOULDN'T HAVE BOTHERED TAKING THE CLASS, BUT IT WAS A GOOD CLASS. SO.

YOUNG: YOU WERE DENIED GOING TO

BARBER: I WASN'T ALLOWED TO PUT IN FOR HOSTAGE NEGOTIATIONS

YOUNG: THE TEAM?

BARBER: YEAH. I WASN'T ALLOWED TO EVEN PUT IN MY PAPERWORK TO GO

YOUNG: WHEN?

BARBER: UHM A YEAR OR TWO AGO. I DON'T KNOW

YOUNG: BECAUSE YOU KNOW, I RUN THE UNIT

BARBER: YEAH. I WASN'T ALLOWED TO TURN IN MY PAPERWORK

YOUNG: WHO TOLD YOU THAT?

BARBER: GREER

YOUNG: SO CAPTAIN GREER TOLD YOU YOU COULDN'T DO IT

BARBER: YEAH, BUT HE TOLD ME SOMEONE ELSE TOLD HIM THAT. IT WAS ABOVE HIS HEAD. I DON'T REMEMBER WHO HE TOLD ME SAID I COULDN'T. SO I REMEMBER SOMEBODY WAS RETIRE, WE, WE WERE AT SOMETHING. IT WAS BEFORE UH WHAT'S HIS NAME RETIRED. UHM THE ATIORNEY. CHAMPAGNE, CHAMP, OH HOWEVER YOU SAY HIS NAME.

YOUNG: I GOT YOU

BARBER: I GET THOSE TWO CONFUSED. UHM YEAH, IT WAS BEFORE HE LEFT. SO ANYWAY

YOUNG: I BELIEVE l'VE BEEN OVER THE UNIT FOR

BARBER: IKNOW

YOUNG: A UTILE OVER A YEAR AND HALF NOW

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BARBER: I TOLD YOU I WAS GOING TO PUT IN FOR IT AND THEN I WASN'T ALLOWED TO SO

YOUNG: AND HE SAID IT WAS BECAUSE YOU WERE A SUPERVISOR

BARBER: YEP

YOUNG: DO YOU

BARBER: AND I, AND I HAD HAD, HEATH JACKSON HAD, HE SAID YOU CAN'T DO IT ANYWAY, YOU'RE A SUPERVISOR, GIRL. AND WAS, YOU KNOW, RAGGING ME. WHICH, HEATH LIKES TO, YOU KNOW, TRY TO MAKE PEOPLE GET, HE TRIES TO RILE PEOPLE UP. SO I REALLY JUST DIDN'T PAY ANY ATTENTION TO HIM. LIKE, WHATEVER. I TOOK THE CLASS AS A SUPERVISOR. I JUST WANTED, I DON'T WANT TO BE A SUPERVISOR ON THE UNIT. I WANT TO BE A PERSON THAT WORKS IN THE UNIT. BUT, AND THEN LOW AND BEHOLD, HE WAS RIGHT. I WAS TOLD I COULDN'T. SO, I HAD TO TELL HEATH HE WAS RIGHT.

YOUNG: WERE YOU AWARE THATTHERE ARE SUPERVISORS ON THE TEAM?

BARBER: YEAH. I TOLD HIM THAT.

YOUNG: AND WHAT DID GREER SAY ABOUT THAT?

BARBER: NOTHING. JUST END OF STORY. CAN'T DO IT. YOU KNOW GREER.

YOUNG: DID YOU FOLLOW UP WITH ANY QUESTIONS TO THE PATROL COMMANDER OR

BARBER: NO BECAUSE

YOUNG: CHIEF HAINES

BARBER: IT CAME FROM SOMEONE LIKE THAT. HE, I DON'T REMEMBER WHO HE TOLD ME SAID I COULDN'T. SO. I ALMOST

YOUNG: I CAN TELL YOU, l'M OVER THE DIVISION AND IT DIDN'T COME FROM ME.

BARBER: WELL I ALMOST TURNED IN THE PAPERWORK ANYWAYS BUT I KNEW IT WOULD MAKE THEM MAD, SO I DIDN'T. I JUST SAID, OKAY, WHATEVER. BUT I DID SAY, DON'T COME BACK IN HERE AND TELL ME OR SEND ANY EMAILS OUT, DON'T LET ANYONE THAT COMPLAINED THAT THEY DON'T HAVE ENOUGH PEOPLE IN UNITS. SO

YOUNG: INTERESTING. UH YOU MENTIONED TWO MALES AND A FEMALE PROMOTED TO STAFF POSITIONS. WHO WERE THEY?

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BARBER: WELL, YOU KNOW WHO THEY WERE. LET'S SEE WHERE WE'RE AT. IT WAS UHM HOBBS, DAWN JAMES, JANES, AND UHM OH GOSH, UH THE OTHER ONE IN CRIME SCENE, OR EVIDENCE. THE,

YOUNG: DAVID INGRAM?

BARBER: YES, ING RAM. I HAVE TO THINK OF ANITA AND THEN I'll

YOUNG: DO YOU KNOW IF CHIEF HAINES WAS PART OF THEIR

BARBER: OH I DON'T, I DOUBT THAT WAS FROM CHIEF HAINES.

YOUNG: PROMOTE

BARBER: THAT WAS PROBABLY FROM THE SHERIFF.

YOUNG: OKAY. AND DO YOU FEEL THATTHERE WAS ANY GENDER BIAS DISCRIMINATION OR DISCRIMINATION TO ANYBODY IN THEIR PROMOTIONS?

BARBER: WELL IT WAS JUST THE TWO MEN. NO OTHER WOMAN GOT THAT OPPORTUNITY FOR A LONG TIME, UNTIL DAWN FINALLY DID.

YOUNG: BUT THEY ALL THEN WENT FROM SERGEANT TO A CAPTAIN? OR

BARBER: YEAH, YES. YEAH. NONE OF THEM WERE GOING TO BE PROMOTED AS LIEUTENANTS.

YOUNG: IS, ISN'T DAWN A HIGHER RANK THEN DAVID INGRAM AND

BARBER: I THINK THEY'RE ALL IN THE SAME.

YOUNG: (INAUDIBLE)

BARBER: I, I DON'T. I THINK THEY'RE ALL THE SAME.

YOUNG: YEAH, I THINK DAWN'S A CAPTAIN, AND THEY'RE ACTUALLY MAJORS. SO I

BARBER: THERE'S ALL THESE, ALL THESE DIFFERENT RANK DESIGNATIONS IS VERY CONFUSING

YOUNG: IT IS (INAUDIBLE)

BARBER: BECAUSE THEY'RE LIKE, THEY'RE A CAPTAIN BUT THEY'RE THIS. AND SO, IT, I LIKE'D IT WHEN IT WAS SIMPLE. WE COULD KEEP TRACK OF IT.

YOUNG: YOU REFERENCE THAT THEY DIDN'T DO GOOD ON THE LIEUTENANT'S TEST.

BARBER: WELL THEY DIDN'T, THEY DIDN'T DO WELL ENOUGH TO BE PROMOTED TO LIEUTENANT BECAUSE NONE OF THEM WERE CLOSE ENOUGH TO GET PROMOTED ON THE LIST.

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THEY IT, THEY WEREN'T GOING TO BE ABLE TO GET TO THEIR UHM THEIR NUMBER ON THE LIST UNLESS THEY PROMOTED SEVERAL IN FRONT OF THEM. AND THERE SUPPOSEDLY WASN'T THAT MANY OPEN SPOTS, AND THEN ONE OF THEM DIDN'T PASS. I, DON'T KNOW IF THAT WAS ING RAM OR HOBBS. I DON'T, I THINK IT WAS ING RAM MAYBE DIDN'T EVEN PASS THE LIEUTENANT TEST. SO

YOUNG: OKAY. DO YOU KNOW WHY THEY WERE PROMOTED?

BARBER: NO

YOUNG: DID PBA EVER INQUIRE?

BARBER: YOU'D HAVE TO ASK LEE THAT.

YOUNG: OKAY. DO YOU KNOW WHETHER THE SHERIFF HAS THE AUTHORITY THOUGH TO PROMOTE WHO HE CHOOSES

BARBER: OH YEAH. HE SURE DOES.

YOUNG: OKAY. UHM

BARBER: SO MANY, HE HAS SO MANY POSITIONS HE CAN. 'CAUSE

YOUNG: RIGHT

BARBER: 'CAUSE WE DID ASK LEE ABOUT IT. HE SAID THE SHERIFF, YOU KNOW, GETS SO MANY POSITIONS HE CAN, SO. BUT A LOT OF THE PBA MEMBERSHIP WERE UPSET BECAUSE THEY'RE JUST BYPASSING THE PROMOTIONAL PROCESS; THEREFORE, WHAT IF THE SHERIFF CAME IN AND SAID, l'M GOING TO MAKE TWENTY PEOPLE A CAPTAIN TODAY. NOTHING WE CAN DO ABOUT IT. WE DON'T NEED THE PROMOTION LIST ANYMORE. SO THEN IT JUST KIND OF, MORALE WAS GOING DOWN BECAUSE THEY'RE, THEY'RE SAYING, WHY EVEN TAKE THE TEST. WHY SHOULD WE TAKE THE TEST? SO THEN WE'RE HAVING TO TRY TO EXPLAIN WHY THEY SHOULD TAKE THE TEST STILL. AND THAT WAS, HAPPENED AND WAS GOING ON. PEOPLE GRUMBLING ABOUT THAT FOR A WHILE. PROBABLY STILL DO, BUT

YOUNG: OKAY. MOVING ON TO THE NEXT ONE. YOU MENTIONED MALE SERGEANTS THAT WERE TRANSFERRED SO THEY COULD MAKE THEIR PROBATIONARY PERIOD.

BARBER: MM-HMM

YOUNG: WHO WAS THAT?

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BARBER: WELL I HEARD HOLLOWAY WAS ONE OF THEM. HE WENT TO THAT UNIT. UHM WHEN I DON'T REMEMBER ALL THE NAMES. UHM WAS THAT ME, UHM I JUST WANT TO MAKE SURE IT'S NOT MY KID. UHM

YOUNG: OH

BARBER: OR MY MOM.

YOUNG: OKAY

BARBER: UHM

YOUNG: IT'S, DID YOU GET A CHANCE TO LOOK? YOU CAN

BARBER: YEAH

YOUNG: OKAY

BARBER: UHM l'M TRYING TO THINK. SO HOLLOWAY WAS ONE I HEARD THAT WAS NOT GOING TO MAKE PROBATION UHM

YOUNG: AND WHO DID YOU HEAR THAT HE WASN'T GOING TO MAKE PROBATION?

BARBER: THAT'S THE RUMOR MILL. EVERYBODY TALKED ABOUT THAT BACK THEN. I MEAN

YOUNG: ANYBODY ASK FOR SPECIFICS

BARBER: I REALLY, I CAN'T GIVE YOU NAMES. YOU, YOU COULD JUST WALK UP TO A GROUP OF PEOPLE, THAT'S WHAT THEY WOULD BE TALKING ABOUT. I MEAN, YOU KNOW. YOU KNOW HOW THE SHERIFF'S OFFICE IS. UHM

YOUNG: FULL OF RUMORS.

BARBER: YEAH. AND, YOU KNOW. UHM UH WELL WHEN DELARIAN, AND I KNOW THIS, BECAUSE, I MEAN, WHEN DELARIAN FIRST MADE SERGEANT, UHM HE WAS SENT TO A PATROL SHIFT. WELL, I WAS IN SRO ATTHE TIME AND I THINK IT WAS DALE OR ROBBIE MARTIN ONE, DON'T REMEMBER. BUT THEY'RE LIKE HEY, CAN YOU UHM GO GET WITH HIM AND SHOW HIM HOW TO LIKE DO HIS TIMESHEETS AND OR SOMETHING LIKE THAT. SOME EASY STUFF. APPROVE REPORTS, I CAN'T REMEMBER WHAT IT WAS. I WAS LIKE, UHM WELL HE HAS LIKE SUPERVISORS ON HIS SHIFT, YEAH YEAH. WE NEED TO HELP HIM OUT. BLAH BLAH BLAH. AND I WAS LIKE SO, I KIND OF HEARD HE WASN'T DOING WELL. BUT, HE, HE DID HIS SIX MONTHS AND HE WENT, YOU KNOW, BACK TO THE UNIT I THINK. SO, HE MADE IT BUT

YOUNG: DID HE (INAUDIBLE)

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BARBER: I HAD TO GIVE HIM SPECIAL TRAINING THOUGH. NO HE WAS IN UHM, UH COMMUNITY SERVICES OR WHATEVER. I MEAN, IT'S THE SAME DIVISION, BUT I WAS SRO AND HE WAS WHERE HE WENT AND TALKED TO, DID TALKS WITH PEOPLE AND UH COMM, COMMUNITY TYPE THINGS. UHM SO

YOUNG: SO YOU WERE THE SENIOR SERGEANT AND THEY HAD YOU GO

BARBER: HE WASN'T IN OUR UNIT ANYMORE. HE WAS ON PATROL

YOUNG: THEN HOW DID THEY EVEN GET INVOLVED IN

BARBER: I DON'T KNOW

YOUNG: (INAUDIBLE)

BARBER: I MET HIM, I MET HIM AT DJJ AND I SHOWED HIM SOME STUFF THAT l'M SURE HE HAD ALREADY BEEN SHOWN. DON'T KNOW. I WAS TRYING TO HELP HIM OUT BECAUSE THEY TOLD ME TO. SO. UHM AND I, I REALLY LIKE DON'T REMEMBER WHO ELSE. I KNOW THERE'S ONE OR TWO OTHERS BUT UHM

YOUNG: SO THEN OTHER THAN THE RUMORS, WHAT FACTS SUPPORT THAT THEY WEREN'T GOING TO MAKE PROBATION AND TRANSFERRED TO SAVE THEM?

BARBER: THAT'SJUSTTHE RUMORS

YOUNG: WERE THEY GETIING WRITIEN UP? WERE THEY

BARBER: THAT I DON'T KNOW. MOST OF THEM WERE PEOPLE ON THE SOUTH END. l'VE PRETTY MUCH BEEN NORTH SO

YOUNG: HAS ANYBODY ELSE EVER NOT MADE PROBATION AND BEEN DEMOTED BACK DOWN?

BARBER: AS A SERGEANT OR LIEUTENANT?

YOUNG: EITHER

BARBER: I DON'T KNOW.

YOUNG: YOU'RE NOT AWARE OF ANYBODY ELSE NOT MAKING PROBATIONARY STATUS AND GETIING DEMOTED BACK DOWN

BARBER: MIGHT HAVE BEEN, WAIT, THAT ONE GUY THAT LEFT US TOO. HE WAS GOING TO BE, MAYBE. UH, OH GOSH. (INAUDIBLE) WHAT WAS HIS NAME? I DON'T KNOW. I CAN'T TELL YOU HIS NAME. YOU'LL HAVE TO WAIT. IT'LL POP UP LATER.

YOUNG: BUT IT HAS HAPPENED THEN

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BARBER: THAT SOMEONE GOT DEMOTED. I DON'T KNOW THAT ANYONE GOT DEMOTED. NOW, I HEARD HE WASN'T DOING WELL TOO, BUT I DON'T KNOW WHAT HAPPENED WITH HIM. HE ENDED UP LEAVING THE AGENCY. UH THEY MIGHT HAVE GONNA, GONNA BE DEMOTING HIM OR SOMETHING AND HE LEFT. I DON'T KNOW.

PITIMAN: UH, WE'RE AT ABOUT AN HOUR AND THIRTY FROM LUNCH, SO

YOUNG: OKAY

PITIMAN: DO YOU MIND IF WE TAKE TEN MINUTES

BARBER: THAT'S FINE. I CAN ALWAYS STAND UP AND STRETCH MY LEGS

YOUNG: YES. LET'S TAKE

PITIMAN: YEAH. GO AHEAD AND PAUSE THE RECORDING AT FIFTEEN THIRTY (15:30).

BARBER: IMEAN

PITIMAN: WE'RE BACK ON THE RECORD AND CONTINUING THE INTERVIEW. IT1S UH THREE MINUTES UNTIL FOUR P.M. (16:00).

YOUNG: ALRIGHT. WE ARE WINDING DOWN ACTUALLY. SO, I THINK WE'VE KIND OF GOTTEN INTO A REPETITIVE NATURE ON SOME OF THIS. SO UH WE'LL BE CHUCKING OFF TO FINISH THIS UP REAL QUICK THOUGH. WE IDENTIFIED THAT IT WAS JACOB HOLLOWAY AND DELARIAN THAT YOU HEARD RUMOR OF THAT WERE NOT DOING GOOD.

BARBER: THERE'S BEEN OTHERS.

YOUNG: AND (INAUDIBLE)

BARBER: I JUST CAN'T REMEMBER WHO

YOUNG: OKAY. NO SPECIFIC KNOWLEDGE OR EVENTS THAT YOU RECALL OR ARE AWARE OF AS TO WHY THEY WERE TRANSFERRED?

BARBER: NO. JUSTSOTHATTHEYWOULD MAKE IT THROUGH PROBATION.

YOUNG: DO YOU KNOW WHO HAS INFORMATION TO HELP SUPPORT

BARBER: PROBABLY WHO THEIR INDIVIDUAL SUPERVISORS WERE THAT WERE INVOLVED IN IT AT THE TIME.

YOUNG: DO YOU KNOW WHO WAS BEHIND THEIR TRANSFERS?

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BARBER: NO. AND I, YOU KNOW, I DON'T KNOW, I JUST KNOW DELARIAN I HAD TO GIVE HIM SPECIAL TRAINING. I DON'T KNOW WHAT ALL WENT ON WITH HIS. I JUST KNOW HE SPENT HIS SIX MONTHS AND THEN HE WENT BACK TO COMMUNITY SERVICES. UHM

YOUNG: UH ARE YOU AWARE OF ANY FEMALE SUPERVISORS THAT HAVE HAD PROBLEMS AND BEEN TRANSFERRED

BARBER: TRANSFERRED?

YOUNG: YEAH. TO SAY

BARBER: WHAT DO YOU MEAN?

YOUNG: LIKE THEY WERE ON PROBATION AND THEY WERE HAVING PROBLEMS, GOT TRANSFERRED

BARBER: WELL, THEY TRANSFERRED ME. AND I THINK PROBATION WAS A YEAR BACK THEN TOO. l'M NOT SURE. I WAS PROBABLY STILL ON PROBATION WHEN I WAS IN IA. UHM

YOUNG: WERE YOU TRANSFERRED BECAUSE YOU WERE HAVING PROBLEMS THOUGH?

BARBER: I WAS TRANSFERRED BECAUSE I WOULDN'T CHANGE MY FINDINGS BASICALLY. SO. UHM, SO I DON'T

YOUNG: BUT WOULD YOU CHARACTERIZE THAT OF A SUPERVISOR DECISION OR CONFLICT. NOT BECAUSE YOU WERE HAVING PROBLEMS, OR WOULD YOU

BARBER: I DIDN'T THINK I WAS HAVING PROBLEMS.

YOUNG: OKAY

BARBER: SO. UHM

YOUNG: SO THEN WOULD IT BE FAIR TO SAY THAT JUST BECAUSE YOU WERE DISCIPLINED AND GOT COUNSELING AND GOT TRANSFERRED, THAT IT DIDN'T NECESSARILY MEAN THAT YOU COULDN'T

BARBER: SEE THAT'S THE FUNNY THING

YOUNG: DO THE JOB

BARBER: I DIDN'T GET A COUNSELING UNTIL MANY MONTHS LATER. AFTER I WAS TRANSFERRED, I GOT COUNSELED OR SOMETHING MANY MONTHS LATER. I WAS ON PATROL ONE NIGHT, ONE AFTERNOON, WHATEVER, AND WALTER MATIHEWS CALLED FOR ME TO COME DOWN HERE AND I HAD TO BRING MY LIEUTENANT BECAUSE HE DIDN'T WANT TO MEET WITH ME ALONE AND THEN I GOT A COUNSELING. OR SOMETHING. SO

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YOUNG: SO THEN, JUST BECAUSE YOU WERE TRANSFERRED OUT OF IA, IT DIDN'T NECESSARILY INDICATE THAT YOU WERE HAVING PROBLEMS OR STRUGGLING OR ANYTHING

BARBER: NO. IT WASN'T LIKE I WAS ON SHIFT AND COULDN'T. I MEAN I, I DIDN'T HAVE ANY PROBLEMS ON SHIFT AT ALL. SO IT WASN'T LIKE I WAS, COULDN'T HANDLE WORKING A SHIFT OR SOMETHING AND WASN'T GOING TO MEET MY PROBATION BECAUSE OF THAT. THAT WAS JUST NOT AGREEING WITH THEM.

YOUNG: OKAY

BARBER: BUT I DON'T KNOW ANY OTHERS SERGEANTS, IF THAT'S WHAT YOU'RE ASKING ME.

YOUNG: OKAY. DO YOU FEEL LIKE YOU HAVE BEEN GENDER-LY DISCRIMINATED AGAINST INVOLVING ANY TRANSFER REQUESTS, OR REQUESTS TO GO TO ANY SPECIALIZED UNIT?

BARBER: I DON'T BOTHER PUTIING IN

YOUNG: OR

BARBER: FOR BECAUSE l'M PRETTY SURE I WON'T GET ACCEPTED, SO WHY, WHY LET THEM KNOW l'D LIKE TO DO SOMETHING JUST TO BE SHOT DOWN. IT JUST KIND OF. I STAY WHERE l'M AT. I DO MY JOB. SO, AND A LOT OF THOSE THINGS ARE, THEY ONLY PUT SERGEANTS. THEY HAVEN'T BEEN PUTIING LIEUTENANTS. SO, WHEN I GOT SHOT DOWN JUST FOR SOMETHING THAT YOU BASICALLY VOLUNTEER TO DO, WHY WOULD I TRY TO EVEN GO SOMEWHERE ELSE THAT'S MORE SPECIALIZED

YOUNG: ARE YOU AWARE OF ANY FEMALES THAT HAVE BEEN IN CHARGE OF OTHER AREAS OR DIVISIONS OF LEADERSHIP ROLES?

BARBER: WHAT DO YOU MEAN? LIKE THESE UNITS?

YOUNG: WELL

BARBER: OF COURSE YOU'RE GOING TO HAVE A COUPLE OF FEMALES. I MEAN, I AM IN A LEADERSHIP ROLE BECAUSE I TOOK THE TEST AND PASSED IT AND EVENTUALLY HE COULD NOT TURN ME DOWN AGAIN AND HAD TO PROMOTE ME. YOU WOULD COUNT ME AS ONE OF THOSE.

YOUNG: RIGHT

BARBER: YOU KNOW. SO I MEAN, BUT WE'RE TALKING MAINLY SPECIALIZED UNITS, THEY CHOOSE PEOPLE FOR, PRETTY MUCH. THEY DON'T EVER CHOOSE WOMEN. THEY, JOANNA, I THINK WENT TO ONCE. THAT'S IT.

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YOUNG: IN THESE SITUATIONS, DO YOU KNOW OF CHIEF HAINES BEING BEHIND ANY OF THE LACK OF FEMALE SUPERVISORS IN DIVISIONS

BARBER: NO. I MEAN, I DON'T, I NEVER SAID IT'S SPECIFICALLY CHIEF HAINES FOR THOSE KINDS OF THINGS. IT'S THIS, THE AGENCY. OBVIOUSLY THERE'S AN ISSUE GOING ON HERE. IF YOU START LOOKING AT ALL THESE THINGS, LIKE I SAID, YOU WILL SEE IT. CHIEF HAINES PUTS HIS HAND IN IA'S AND ALL THE, ALL THE DISCIPLINARY THINGS. HE'S ALWAYS INVOLVED IN THAT STUFF. IF IT HAS ANYTHING TO DO WITH IA, OF COURSE HE HAS TO SIGN OFF ON IT. SO DOES THE SHERIFF. THEY KNOW OF EVERYTHING THAT'S GOING ON IN IA'S. THEY READ THEM ALL.

YOUNG: OKAY. ALRIGHT I THINK WE HAVE PRETIY MUCH BEAT THAT ONE UP ENOUGH AND WE'LL MOVE ON TO SEVENTEEN. AND THIS IS JUST KIND OF, YOU HAVE YOUR BULLET POINTS OF THE DIFFERENCES IN, I GUESS, THE IA PROCEDURES THAT CHANGED, WHERE PEOPLE COULD TALK DURING, COULD NOT. UHM, l'M NOT GOING TO GO INTO THAT BECAUSE I THINK SOME OF THAT IS LINKED TO YOUR CASE SPECIFICALLY

BARBER: MM-HMM

YOUNG: BUT YOU MENTIONED THAT SERGEANT PETERSON DIDN'T WANT TO SAY ANYTHING FOR FEAR OR RETALIATION.

BARBER: YEAH. SHE DIDN'T WANT TO BE IN TROUBLE.

YOUNG: WHAT, WHAT DID SHE NOT WANT TO SAY ANYTHING ABOUT?

BARBER: I ASKED HER, BEFORE WE WENT IN THERE, I WAS LIKE, MELONY, THEY MAY ASK YOU PERSONAL QUESTIONS. IS, AND IT'S MY JOB TO YOU KNOW STICK UP FOR YOU. IF THERE'S SOMETHING YOU DON'T WANT TO ANSWER, THEN LET ME KNOW BECAUSE YOU DON'T HAVE TO ANSWER PERSONAL QUESTIONS. SO, UHM SHE SAID, I DON'T WANT TO MAKE THEM MAD ABOUT ANYTHING. I DON'T WANT TO PISS THEM OFF. I DON'T WANT TO, YOU KNOW, ROCK THE BOAT. MAYBE, I DON'T KNOW HOW SHE WORDED IT. YOU KNOW. SHE HAS HER COUNTRY SAYINGS THAT SHE

YOUNG: RIGHT

BARBER: UHM SO, NO. I, I'll ANSWER WHATEVER THEY ASK ME. I DON'T HAVE ANYTHING TO HIDE. SHE'S LIKE, I DON'T EVEN UNDERSTAND WHAT THIS WHOLE THING IS ABOUT. BECAUSE SEE I HAD KIND OF HEARD RUMORS. SO I, I DIDN'T WANT TO TELL HER. I DIDN'T WANT TO STRESS HER OUT ANYMORE THAN IT WAS ALREADY GOING TO BE. UHM SO JUST KIND OF HAD A CLUE THAT THEY MIGHT AND THEY DID. AND IT UPSET HER. AND I REALLY WANTED TO SAY SOMETHING, BUT SHE TOLD ME NO. SHE DIDN'T WANT ME, YOU KNOW, TO MAKE THEM MAD. SO UHM

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YOUNG: NOW WASN'T THE IA INVESTIGATION THOUGH INVOLVING EVENTS OF PERSONAL NATURE

BARBER: YES, BUT THIS

YOUNG: WHERE

BARBER: PARTICULAR THING WAS SOMETHING THAT WAS REALLY NO ONE'S BUSINESS. AND SHE COULD HAVE NOT ANSWERED IT. l'M NOT EVEN GOING TO GET INTO WHAT ITWAS.

YOUNG: RIGHT

BARBER: UHM BUT YOU KNOW, SHE HAD TOLD ME, I DON'T, YOU KNOW. IF THEY'RE VIOLATING MY RIGHTS, FINE YOU CAN YOU KNOW. BUT OTHER THAN THAT

YOUNG: WHAT WAS SHE IN FEAR OF RETALIATION OF?

BARBER: SHE JUST DIDN'T, SHE DIDN'T WANT TO MAKE ANYONE MAD. EVERYONE KNOWS, AROUND HERE, THAT IF YOU MAKE A SPECIFIC PERSON MAD, YOU'RE GOING TO HAVE A TARGET ON YOUR HEAD. UH IT'S A WELL KNOWN THING PEOPLE TALK ABOUT.

PITIMAN: WHO'S THAT SPECIFIC PERSON YOU'RE TALKING ABOUT?

BARBER: ARE YOU TALKING ABOUT MELONY? WE'RE TALKING ABOUT MELONY.

PITIMAN: NO. YOU SAID, UH IF YOU MAKE THIS SPECIFIC PERSON MAD, YOU HAVE A TARGET ON YOUR BACK

BARBER: ANY SPECIFIC PERSON OF THAT

PITIMAN: OH OKAY

BARBER: HAS POWER TO, YEAH. A SPECIFIC PERSON

PITIMAN: OKAY. IT'S IN GENERAL. OKAY

BARBER: RIGHT. SO NO ONE WANTS TO MAKE ANYONE HIGHER UP MAD AND GET A TARGET ON THEIR HEAD, WHERE THEY'RE GOING TO NITPICK EVERYTHING THEY DO. BECAUSE EVERYONE, THERE'S NO ONE HERE, NOT EVERYONE IN THIS ROOM THAT HAS NEVER HAD, MADE A MISTAKE HERE. AND NO ONE AT THIS AGENCY. EVEN IF THEY THINK THEY MIGHT NOT HAVE. THERE IS NO ONE HERE THAT HAS NEVER MADE A MISTAKE. AND CERTAIN PEOPLE WILL NITPICK THEM TO DEATH. SI, AND WRITE THEM UP. OH YOU WERE FIVE MINUTES LATE TODAY. IT DOESN'T MATIER THAT JOE BLOWS, ALL FIVE OF THE OTHER PEOPLE WERE. YOU'RE GETIING WRITIEN UP TODAY. YOU, YOU DO HAVE PEOPLE THAT HAVE DONE THINGS LIKE THAT. THEY DON'T WANT TO MAKE ANYONE MAD. THEY DON'T WANT TO GET A TARGET ON THEIR HEAD. AND HER GOING

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INTO IA WAS SUPER STRESSFUL FOR HER. NEVER BEING INVOLVED IN ANYTHING LIKE THAT. SHE DIDN'T KNOW WHAT TO EXPECT. SHE WAS SUPER STRESSED. AND SHE, IT WAS INVOLVING THE PEOPLE IN THE INTERVIEW WERE FRIENDS OF HERS. SHE DIDN'T WANT YOU KNOW ANY KIND OF CONFLICT AT ALL. SHE DIDN'T WANT TO BE A TARGET. SHE DIDN'T WANT TO BE, HAVE A CONFLICT. NONE OF THAT.

YOUNG: WERE THERE ANY RIGHTS VIOLATIONS COMMITIED

BARBER: YES

YOUNG: AGAINST HER IN THAT IA?

BARBER: YES. WE WEREN'T, THEY WOULDN'T EVEN LET US UHM WE WEREN'T REALLY TRYING TO TALK IN THERE, BUT THEY WEREN'T LETIING US TALK. AND THEN WHEN WE WENT TO GO ON A BREAK, SHE JUST WANTED TO GO GET HER PHONE FROM HER OFFICE. BECAUSE I THINK IT WAS TRACY WAS ASKING SOMETHING ABOUT IT. SHE'S LIKE l'VE GOT THIS STUFF ON MY PHONE WHERE I CAN FIND IT. LIKE DATES OR SOMETHING. HER CALENDAR. I CAN'T REMEMBER WHAT IT WAS. AND UHM SO SHE'S LIKE. I THINK TRACE, TRACY HAD LEFT THE ROOM AND IT WAS JUST JEREMY AND SHE'S LIKE, AND WE WERE GOING TO GO ON BREAK, AND HE'S LIKE, UH UH LIKE HE WASN'T GOING TO LET US LIKE GO TO THE SAME BATHROOM AND

YOUNG: DID HE SAY YOU COULDN'T GO TO THE SAME BATHROOM?

BARBER: NO. SHE SAID, CAN I GO, CAN I GO TO MY OFFICE AND GET MY PHONE? AND HE'S LIKE, UH, UH I DON'T THINK SO. l'M GOING TO HAVE TO ASK PERMISSION. AND THEN UHM OR ASK SOMEBODY AND THEN UHM SO WE'RE LIKE WE'RE GOING TO GO TO THE BATHROOM. AND HE WAS LIKE TRYING TO STOP US AND MELONY JUST GOES, I HAD TOLD HER I HAD HEARD THAT WE WOULDN'T BE ALLOWED TO TALK ANYMORE. I HADN'T BEEN IN ONE, SO I DIDN'T KNOW FOR SURE. AND, AND GO ON BREAKS TOGETHER AND STUFF. AND SO SHE SAID, YOU KNOW MELONY. SHE SAID, HELD UP HER HAND, SHE'S LIKE, I'll GO TO THIS BATHROOM AND YOU GO TO THAT BATHROOM. l'M LIKE, OKAY. SO WE JUST SEPARATED. WE REALLY DIDN'T CARE ATTHAT POINT BECAUSE WE JUST WANT TO HURRY UP AND GET IT OVER WITH. SHE DID. SHE WANTED TO HURRY UP AND GET IT OVER WITH.

YOUNG: WERE Y'ALL OUT IN THE HALLWAY WHEN ALL THIS TOOK PLACE?

BARBER: HMM, YEAH, I THINK WE WERE WALKING OUT THE DOOR OR WALKING OUT THIS DOOR. I THINK IT WAS THAT ONE OUT THERE THOUGH. BECAUSE HE WAS JUST LIKE FOLLOWING US AND WATCHING US. AND THEY WAT, HE SAT IN HERE AND WATCHED US THE WHOLE TIME. SO UHM BUT HE WAS FOLLOWING US AND I WAS LIKE, WHY THE HECK IS HE LIKE ON ME. YOU KNOW, IN MY {INAUDIBLE)

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YOUNG: DID HE FOLLOW YOU OUT OF IA? OR

BARBER: YES. OUT OF IA. AND THEN WE WERE BOTH GOING TO THE BATHROOM AND STUFF. BUT SO WE JUST SEPARATED

YOUNG: ISN'T THAT THEIR, ISN'T, AND l'M ASKING, ISN'T THAT THE PROTOCOL THAT ANYONE IS ESCORTED TO THE DOOR OF IA, TO AND FROM IF THERE ARE PEOPLE COMING IN THE OFFICE?

BARBER: I DON'T KNOW. BUT, I DON'T KNOW WHY? I CAN GET UP AND WALK OUT. I DON'T KNOW WHY YOU WOULD NEED TO ESCORT ME IN A

YOUNG: WHEN YOU WERE IN IA, DID Y'ALL HAVE TO ESCORT

BARBER: I, YOU

YOUNG: PERSONS

BARBER: YOU JUST DO IT OUT OF COMMON COURTESY, I THINK. YOU KNOW. YOU HAVE, WE'RE HUMANS. WE HAVE GREETINGS AND WE HAVE GOODBYE'S, AND THAT'S JUST KIND OF THE YOU KNOW, I NEVER, I NEVER DIDN'T LET PEOPLE TALK IN MY INTERVIEWS. I MEAN, MY REVIEWS.

YOUNG: I GUESS l'M JUST TRYING TO THINK, DID HE SAY Y'ALL COULDN'T GO TO THE BATHROOM TOGETHER?

BARBER: NO

YOUNG: DID HE

BARBER: I HAD HEARD BEFOREHAND THAT WE COULDN'T. THAT THEY WERE STARTING, THAT THEY WERE DOING THAT TO CERTAIN PEOPLE. NOT EVERYONE. BUT CERTAIN PEOPLE. so

YOUNG: WHO TOLD YOU THAT?

BARBER: I HAD HEARD IT FROM ZACK WARD AND, AND LEE. AND SO UHM SO I TOLD HER THAT MIGHT BE THE CASE. I DON'T KNOW. I HADN'T BEEN WITH ANYONE. I HAD BEEN WITH ONE, I DON'T KNOW IF IT WAS BEFORE HERS OR RIGHT AFTERWARDS, I CAN'T, I THINK IT WAS AFTERWARDS. YEAH. I THINK IT WAS AFTER HERS. SO UHM, SO I DIDN'T KNOW FOR SURE. I JUST HEARD FROM THEM. AND I WAS LIKE, WELL, THAT'S NOT RIGHT. THEY CAN'T DO THAT. SO, UHM I TOLD HER I HEARD THAT. I SAID, SO WE'LLJUSTTRY NOT TO TALK, BUT IF I HAVE TO, I'll ASK YOU SOMETHING OR WHATEVER OR POINT OUT SOMETHING TO YOU OR TELL YOU TO MAKE A NOTE, WHATEVER. UHM SOMETHING I MIGHT HAVE SEEN THAT SHE MIGHT NOT HAVE SEEN. WHATEVER. AND

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UHM BUT IT WAS JUST LIKE, HE FOLLOWED US OUT AND HE WAS, WHEN SHE ASKED THAT QUESTION, AND I WAS LIKE, WHY CAN'T SHE GO GET HER PHONE. YOU KEEP ASKING HER, l'M JUST THINKING TO MYSELF, YOU KEEP ASKING HER THESE DATES AND SHE'S LIKE, I CAN SHOW YOU. I CAN SHOW YOU. BUT THEN YOU'RE NOT GONNA GIVE HER THE, LET HER GO GET HER DAMN PHONE FOR YOU. IT, IT JUST TOTALLY DIDN'T MAKE SENSE AND I WAS LIKE IT, IT'S TRUE. THEY, THEY DON'T WANT US OUT OF THEIR SIGHT AND THEY DON'T WANT US TO TALK TO EACH OTHER. I JUST. AND THEN BUT AND THEN WHEN

YOUNG: BUT HE NEVER SAID

BARBER: HE DIDN'T SAY

YOUNG: THAT Y'ALL COULDN'T GO

BARBER: ANYTHING, NO. BUT IT WAS JUST

YOUNG: DID HE SAY SHE

BARBER: IN OUR PERCEPTION THAT HE WAS, IF WE DID TRY TO GO TOGETHER, HE WAS GOING TO STOP US. THAT'S WHAT WE FELT. SO BECAUSE HE WOULDN'T EVEN LET HER WALK DOWN TO HER OFFICE, WHICH WAS RIGHT, IT'S RIGHT AROUND THE CORNER. SO, WE DIDN'T EVEN BOTHER ASKING HIM. WHEN HE STARTED THAT, SAYING YOU CAN'T GO TO YOUR OFFICE AND SO I WAS LIKE, l'VE GOTTO GO TO THE BATHROOM AND SHE WAS GOING TO GO TO THE BATHROOM, AND THEN, AND IT'S JUST. I DON'T KNOW, IT'S LIKE A LOOK HE GAVE US AND SHE JUST HELD UP HER HAND AND SAID I'll GO HERE, YOU GO THERE. IT, I MEAN, JUST, IT, HE DIDN'T

YOUNG: SO IT WAS MORE SO THE FEELINGS THAT YOU HAD

BARBER: YES

YOUNG: AND NOT ANYTHING THAT HE SAID. HE DID NOT SAY, YOU CAN'T GO TO THIS BATHROOM

BARBER: HE DIDN'T

YOUNG: RIGHT. YOU CAN'T GO AND TALK

BARBER: BECAUSE WE DIDN'T GIVE HIM A CHANCE

YOUNG: SO, YEAH, BUT IT'S JUST BASED UPON YOUR PERCEPTION AND, AND (INAUDIBLE)

BARBER: AND WHAT I HEARD

YOUNG: AND BASED ON WHAT

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BARBER: YEAH

YOUNG: (INAUDIBLE)

BARBER: AND THE WAY HE WAS ACTING.

YOUNG: OKAY. NOW DID MELONY HAVE ANY OTHER 112 VIOLATIONS THAT SHE DID NOT WANT TO BRING TO LIGHT BECAUSE OF FEAR OF RETALIATION?

BARBER: NOT THAT I KNOW OF. I MEAN, SHE HASN'T REALLY REPPED ANYONE BEFORE SO AND WHEN YOU'RE IN YOUR OWN INTERVIEW, IT'S DIFFERENT. YOU'RE NOT THINKING ABOUT YOU AND YOUR RIGHTS VIOLATIONS. YOU'RE THINKING ABOUT WHAT'S GOING ON AND THE QUESTIONS AND STUFF. YOU KNOW WHAT I MEAN? SO SHE WOULDN'T HAVE HAD A CLUE. SO BUT I DIDN'T NOTICE

YOUNG: DID YOU

BARBER: ANYTHING ELSE

YOUNG: YEAH, I WAS

BARBER: NO. IT'S JUST THE, I HAD HEARD THAT STUFF AND THAT'S KIND OF THEIR ATIITUDE, REALLY.

YOUNG: NOW, AM I CORRECT IN WHAT YOU SAID THAT IT WAS COMMANDER YUHASZ THAT WAS THE INVESTIGATING OFFICER?

BARBER: YES

YOUNG: WAS LIEUTENANT SMALL UNSURE WHETHER MELONY COULD GO BACK

BARBER: I DON'T HAVE A CLUE

YOUNG: DID SHE ASK

BARBER: HE IS NOT A STRANGER TO THIS UNIT

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YOUNG: DID SHE ASK COMMANDER YUHASZ WHEN COMMANDER YUHASZ CAME BACK WHETHER SHE COULD GO?

BARBER: NO. BECAUSE WE, WE WERE DONE.

YOUNG: OKAY

BARBER: AND WE WEREN'T, I MEAN, WE WERE DONE. WE DIDN'T NEED ANOTHER BREAK. I THINK WE FINISHED UP AND WE WERE DONE.

YOUNG: OKAY

BARBER: I THINK WE ONLY TOOK THE ONE BREAK.

YOUNG: OKAY. UHM YOU LISTED NINE DIFFERENT COMPARISONS ON THE BEING ABLE TO TALK, NOT BEING ABLE TO TALK

BARBER: RIGHT

YOUNG: SOME ARE MALE, SOME ARE FEMALE. SOME CAN TALK, SOME COULDN'T TALK.

BARBER: MM-HMM

YOUNG: WOULD THAT BE AN ACCURATE ASSUMPTION OF MINE THAT THEY'RE KIND OF HALF AND HALF AND SOME COULD, SOME COULDN'T. SOME ARE MALE, SOME ARE FEMALE.

BARBER: AND THERE'S SOME OF BOTH, BUT THE MAJORITY ARE WOMEN.

YOUNG: AND

BARBER: AND ZACK WARD WILL, WILL TELL YOU FLAT OUT, THEY WOULD NOT LET HIM, THEY COULD NOT EVEN LEAVE THE ROOM AT THE SAME TIME.

YOUNG: OKAY

BARBER: BUT YET, LEE REPPED SOMEONE LAST WEEK, THEY COULD LEAVE THE ROOM TOGETHER. THEY COULD TALK TO EACH OTHER. I WASN'T ALLOWED TO EVEN TALK TO MY ATTORNEY. SO AND A REP AND AN ATTORNEY ARE TOTALLY DIFFERENT PEOPLE.

YOUNG: WAS CHIEF HAINES IN ANY OF THOSE THAT YOU HAVE LISTED ON THIS PAPER, TELLING THE OFFICERS THAT THEY COULD NOT TALK?

BARBER: YOU WOULD HAVE TO ASK THEM. THAT'S, IA INVESTIGATORS WERE IN THE ROOMS WITH THEM. I DON'T KNOW IF THE CHIEF TOLD THEM THAT OR NOT, BUT l'M ASSUMING THAT HE WAS THE ONE THAT TOLD THEM THAT.

YOUNG: THE IA, IA INVESTIGATORS

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BARBER: IA INVESTIGATORS. YEAH

YOUNG: OKAY

BARBER: OR HE MIGHT HAVE TOLD THEIR SUPERVISOR. YOU'RE GOING TO HAVE TO ASK ONE OF THEM THAT MIGHT BE IN THE ROOM RIGHT NOW, OR SOMETHING.

YOUNG: OKAY

BARBER: BECAUSE HE HAS HIS HAND IN ALL THAT.

YOUNG: ALRIGHT. LAST BIT, WE'RE GONNA ACTUALLY GO TO THE MAY FIRST LETTER THAT YOU UHM WROTE. AND I, I WANT TO BE VERY CAREFUL TO NOT GET INVOLVED IN WHAT HAPPENED IN THERE. UHM, SO YOU MENTIONED THAT CHIEF HAINES HAS RESENTMENT OF YOUR INVOLVEMENT IN THE PBA. CAN YOU EXPLAIN TO ME THAT RESENTMENT AND EXAMPLES OF SUCH RESENTMENT

BARBER: WHAT PARAGRAPH ARE YOU ON?

YOUNG: I DID, IT'S NOT A SPECIFIC PARAGRAPH. I BELIEVE IT'S GOING TOWARDS THE END, THE BOTTOM. YOU, YOU DISCUSS THAT HE WAS HOSTILE AND DISRESPECTFUL TO YOU AND THEN YOU SAID THAT YOUR PBA NEGOTIATIONS

BARBER: WHERE ARE WE AT? I REALLY, I KNOW THAT'S ABOUT THE OTHER DAY OR THE OTHER MONTH, WHATEVER IT WAS. SO

YOUNG: LAST PARAGRAPH

BARBER: OH, SEE l'M TOTALLY ON THE WRONG PAGE. OH, WELL, LAST YEAR WHEN WE WERE GOING THROUGH NEGOTIATIONS, I WAS THE ONE STANDING UP TO HIM AND TELLING HIM NO. UHM HE WAS NOT HAPPY WITH THAT. ENDED UP CHANGING THE POLICY. UHM THE ONLY THINGS WE WOULDN'T CAVE INTO, HE JUST CHANGED THE POLICY. UHM, AND HE SENT OUT A LETTER, OR EMAIL TO EVERYBODY AND IT WASN'T ENTIRELY TRUTHFUL. HE SAID THINGS ABOUT HOW THE PBA STOOD BY AND DID NOTHING WHEN TRYING TO ASK THE COUNTY COMMISSIONERS FOR RAISES AND STUFF. TYREE WENT TO THE SHERIFF AND ASKED HIM WHAT HE WANTED US TO DO, AND HE TOLD US NOTHING. LET HIM HANDLE. HE WANTED US TO STAY OUT OF IT. THAT WAS AT HIS REQUEST OR WE WOULD HAVE BEEN MORE INVOLVED. AND LEE DID DO THINGS. BUT WHAT HE DIDN'T DO, HE, HE RAN EVERYTHING THROUGH THE SHERIFF HIMSELF, SO THAT HAINES IS ACCUSING US OF NOT DOING ANYTHING, THAT WAS NOT TRUE. UHM I CAN'T REMEMBER THE OTHER THINGS IN THAT EMAIL. THE EMAIL GOT SENT OUT TO EVERYBODY, SO YOU COULD READ IT. UHM

YOUNG: DID HE SPECIFY YOU IN THE EMAIL?

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BARBER: HE SAID PBA.

YOUNG: OKAY. BUT

BARBER: I AM THE VICE PRESIDENT. AND PACHUCKI WAS IN THE NEGOTIATIONS. THEY WERE PRETTY CONTENTIOUS. AND LOW AND BEHOLD RIGHT IN THE MIDDLE OF THAT IS WHEN THE FACEBOOK THING HAPPENED, AND I GETTHE PROJECT RIGHT IN THE MIDDLE OF ALL THAT. THAT'S, YOU SEE, EVEN GREER SAID SOMETHING ABOUT QUESTIONING THE TIMING ON THAT.

YOUNG: NOW WHO ALL WAS IN THE NEGOTIATIONS?

BARBER: AL MILLER, TYREE, ME, UHM PACHUCKI, I THINK PACHUCKI WAS IN THERE ALL THE TIME. IT MIGHT HAVE BEEN A UTILE BIT OF TIME HE MISSED, BUT I THINK HE WAS IN THERE EVERYDAY. UHM AND BELINDA GREATHOUSE. OH I CAN'T REMEMBER IF NEWTON WAS IN THERE THIS YEAR OR NOT. USUALLY HE IS. BUT HE MIGHT'VE BEEN SICK THEN. I CAN'T REMEMBER IF NEWTON WAS IN THERE BUT HE MIGHT'VE BEEN. AND IT'S ALL ON TAPE THAT WHO WAS IN THERE. I MEAN, THEY, THEY LOG IT. AND THEN OF COURSE THE UH ADMIN PEOPLE. UH DAWN BRASWELL, THE CHIEF, UHM THE ENRIQUE, I DON'T KNOW WHO ON THEIR SIDE BUT

YOUNG: DURING

BARBER: THE ATIORNEY, DEBRA UTILE

YOUNG: DURING THESE NEGOTIATIONS YOU SAID YOU WERE THE ONE TELLING HIM NO AND STANDING UP TO HIM. WAS HE COMING BACK IN A HOSTILE, AGGRESSIVE MANNER DIRECTLY TOWARDS YOU?

BARBER: HE'S NOT AGGRESSIVE. HE'S NEVER BEEN AGGRESSIVE. I DON'T THINK. EVER UHM AS IN PHYSICALLY AGGRESS, AGGRESSIVE. THAT'S JUST NOT HIS PERSONALITY. UHM BUT

YOUNG: VERBALLY AGGRESSIVE

BARBER: VERBALLY HE'S WELL, I JUST CAN'T EVEN GIVE MY OPINION ON THAT ONE. YOU CAN, IT'S ALL ON TAPE. FOR THE MOST PART. BUT, HE

YOUNG: WERE HIS AGGRESSIONS DIRECTED TOWARDS YOU OR WERE THEY DIRECTED TOWARDS THE TOPIC OF DISCUSSION?

BARBER: I DON'T THINK HE WOULD BE STUPID ENOUGH TO DIRECT THEM SPECIFICALLY AT ME DURING NEGOTIATIONS FULL OF A ROOM FULL OF PEOPLE THAT'S BEING RECORDED. SO, NO. UHM

YOUNG: HOW DID YOU FEEL THOUGH?

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BARBER: I ALWAYS FEEL LIKE IT'S PERSONALLY TOWARDS ME IN THERE. BECAUSE l'M THE ONLY ONE WHEN IT COME, IT CAME TO THE UHM MATRIX THAT WILL SAY NO. AND LEE'S LIKE, I'll LET YOU FIGHT THIS BATILE. SO, IT WAS ME FIGHTING THAT BATILE. AND THEN HE JUST TOOK THE STUFF OUT OF THE MATRIX ALL TOGETHER AND CHANGED THE POLICY, SO IT WASN'T IN THE MATRIX ANYMORE. I JUST

YOUNG: WAS ANYBODY ELSE ON THE BOARD THERE WITH YOU TO NEGOTIATE THESE CHANGES?

BARBER: YEAH, BUT WE CAN'T ALL TALK AT ONCE. SO LEE USUALLY DOES MOST OF THE TALKING. WE MEET AND WE TELL HIM WHAT WE THINK ABOUT EVERYTHING. AND THEN, YOU KNOW, WHEN WE HAVE BREAKS AND STUFF LIKE THAT UHM BUT I WAS FIGHTING THAT BATILE.

YOUNG: SO HE NEVER SPECIFICALLY ZEROED YOU OUT

BARBER: I DON'T KNOW THAT IF HE EVER SAID, TAMA, THIS OR THAT. SOMETIMES HE DOES USE MY NAME LIKE THAT. BUT

YOUNG: AND DO YOU RECALL THE DATE OF THESE NEGOTIATIONS.

BARBER: NO. IT'S ALL PUBLIC RECORD THOUGH

YOUNG: AND ALL THIS WAS ONE RECORDING?

BARBER: YEAH, I MEAN, SOMETIMES IT'S NOT RECORDED, LIKE WHEN WE'RE ON BREAKS. THEY DON'T RECORD THOSE. BUT MOST OF THE STUFF'S RECORDED BECAUSE IT'S, IT HAS TO BE AVAILABLE TO THE PUBLIC, SO.

YOUNG: OKAY. HAS ANYBODY ELSE SUFFERED FROM HIS VERBAL AGGRESSION OR THE FEELING THAT YOU SAY YOU FELL, FELT BECAUSE OF THE NEGOTIATIONS? LIKE HAS LIEUTENANT PACHUCKI, OR TYREE, OR BELINDA EVER EXPRESSED THAT THEY FEEL

BARBER: l'M, l'M SURE THAT PACHUCKI HASN'T. UHM LEE PROBABLY HASN'T. THEY'RE FRIENDS AND AL MILLER DOESN'T HAVE TO DEAL WITH THEM. BELINDA, I DON'T KNOW.

YOUNG: SO NO ONE HAS OPENLY DISCUSSED ANY FEELINGS OF DISCRIMINATION OR ADVERSITY BECAUSE OF THEIR PARTICIPATION ON THE BOARD?

BARBER: WELL, THE MEN WOULDN'T FEEL LIKE THEY'RE BEING DISCRIMINATED AGAINST. AND BELINDA, WE, WE HAVEN'T DISCUSSED IT. THEY ALL SAID I MEAN, THERE WAS DAYS WE CAME OUT OF THERE AND WE JUST COULDN'T BELIEVE THE WAY HE WAS ACTING OR IT WAS LIKE A SPECIFIC ONE DAY, AND THEN WE WENT TO LUNCH, WE CAME BACK AND HE WAS LIKE JEKYLL AND HYDE. TO THE POINT IT WAS VERY NOTICEABLE. LIKE, WE ALL WERE LIKE, WHO IS THAT PERSON SITIING IN FRONT OF US RIGHT NOW. HIS PERSONALITY HAD DONE A ONE EIGHTY. SO,

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YOUNG: OKAY. ALRIGHT. WELL I THINK THAT WE HAVE GOTIEN TO THE END. IS THERE ANYTHING ELSE THAT YOU CAN TELL ME THAT I MIGHT NOT HAVE ASKED THAT MIGHT BE IMPORTANT FOR ME TO KNOW?

BARBER: WELL, YOU ASKED ME ABOUT SOME OF THESE IA'S AND STUFF LIKE THAT

YOUNG: MM-HMM

BARBER: AND YOU KEPT ASKING ME LIKE UHM DID I KNOW WHETHER HAINES WAS INVOLVED IN THEM. I CAN'T REMEMBER WHICH ALL ONES THOSE WERE. (INAUDIBLE) I DON'T KNOW. UHM

YOUNG: UHM I SPECIFICALLY REFERENCED THE ONES LISTED FROM THE SUMMARY JUDGMENT THAT WERE IDENTIFIED FOR MONTOYA'S

BARBER: RIGHT

YOUNG: CASE

BARBER: THOSE ARE ALL IN HIS RECORDED SWORN DEPOSITIONS.

YOUNG: OKAY

BARBER: SO, I CAN GET YOU A COPY OF THAT. UHM MY ATIORNEY WILL GET IT FOR ME. AND UHM AND THE, THE STATEMENTS HE MADE ABOUT HIS RELIGIOUS BELIEF ABOUT WOMEN. THOSE WERE

YOUNG: OKAY

BARBER: SWORN RECORDED STATEMENTS IN THE DEPOSITION FROM WHAT l'VE HEARD, FROM THE ATIORNEY.

YOUNG: DO YOU KNOW WHEN YOU CAN GET ME THOSE?

BARBER: UHM, HE'LL PROBABLY EMAIL THEM TO ME TONIGHT OR TOMORROW. SO

YOUNG: OKAY. PERFECT

BARBER: UHM BUT I'll HAVE TO PRINT THEM OUT SOMEWHERE THOUGH. I DON'T KNOW HOW LONG ANY OF THAT STUFF IS. BUT UHM AND THEN

YOUNG: YOU CAN JUST EMAIL THEM TO ME

BARBER: OKAY.

YOUNG: ONCE YOU GET THEM

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BARBER: OKAY. UHM DON'T SOMETIMES YOUR EMAIL SAY IT'S TOO BIG OF A FILE OR SOMETHING LIKE THAT? HAVE YOU EVER GOTIEN THAT BEFORE

YOUNG: YEAH, SOMETIMES. IF IT DOES

PITIMAN: USUALLY A TEXT DOCUMENT

BARBER: MAYNE HE'LL SEND ME A BUNCH OF DIFFERENT, I DON'T REALLY KNOW. BUT UHM

YOUNG: IF NOT, WE CAN JUST GET TOGETHER AND

BARBER: OKAY

YOUNG: FIND A WAY TO PRINT ITOUT.

BARBER: YEAH. WELL I CAN PRINT IT DOWN THERE PROBABLY AND DO IT AND BRING IT TO YA. UHM NO BUT IT WAS SOME OF THESE IA'S I THINK. OH, UH, I DON'T HAVE ALL THESE NUMBERED, EXCEPT FOR THE. YOU KNOW, IN IN

YOUNG: WE HAD THE FIRST ONE WAS (INAUDIBLE)

BARBER: WELL, AND YOU ASKED ME THE QUESTION LIKE, DID I THINK MAYBE ITWAS SOMEONE IN BETWEEN ME AND HIM THAT MIGHT BE THE PROBLEM OR SOMETHING AND THEN HOW DO I KNOW THAT HE WAS INVOLVED IN THESE IA'S AND THINGS. THAT KIND OF THING. BUT YOU CAN, YOU CAN SEE THAT HE'S INVOLVED IN ALL OF THESE IA'S NUMBER ONE, BECAUSE, LIKE I SAID, HE SIGNS OFF ON ALL OF THOSE THINGS. SO HE KNOWS WHAT'S GOING ON AND, AND ALL THAT. BUT HE INVOLVED HIMSELF IN MY IA, SO THEREFORE, HE, THAT SHOWS HE GETS INVOLVED IN IA'S. WE DIDN'T EVEN ASK FOR HIM. HE SHOWED UP AND INVOLVED HIMSELF. SO THAT'S PROOF RIGHT THERE. THAT HE INVOLVES HIMSELF IN IA'S AND HE KNOWS ABOUT THEM. HOW WOULD HE HAVE KNOWN TO COME? I DON'T KNOW. AND WHY WOULD HE GET INVOLVED. SO, AND WITH HIS BELIEFS, I MEAN, THAT'S THE WHOLE REASON WHY I THINK I DIDN'T GET PROMOTED BEFORE. SO. AND THAT'S ALL IN HIS TESTIMONY.

YOUNG: WILL YOUR ATIORNEY BE ABLE TO GET ME

BARBER: ABOUT THE

YOUNG: THOSE AS WELL?

BARBER: UHM

YOUNG: LIKE, IS THAT GONNA INCLUDE THE DEPOSITIONS AND STUFF, WILL THAT INCLUDE ALL OF HIS RELIGIOUS BELIEF, PERSPECTIVES

BARBER: IT WILL INCLUDE WHAT HE SAID.

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YOUNG: OKAY. AND THEN CAN I GET THE DOCUMENTATION FOR THE SPECIFICS FROM THE SUMMARY JUDGMENTS AND EXACTLY, THE, YOU SAID THATTHAT CASE WAS STILL GOING ON

BARBER: YES

YOUNG: so

BARBER: YEAH. BUT THE JUDGE MADE A RULING AND THERE'S RECORDED STATEMENTS, SO I WOULD THINK. I DON'T, I DON'T, I GUESS THAT'S PUBLIC RECORD. I DON'T KNOW WHEN IT'S IN THE COURT SYSTEM LIKE THAT. I MEAN, I HAVEN'T BEEN INVOLVED IN ANYTHING LIKE THAT. SO. UHM

YOUNG: OKAY

BARBER: AND THEN MY STUFF'S ON A RECORDING, SO. OR MY IA WHEN HE GOT INVOLVED IN THAT ONE. SO. I CAN'T THINK OF ANY OTHER REASON WHY HE WOULD. AND HE, HE, HE KNOWS. HE KNOWS ABOUT ALL OF THESE. THERE'S NO WAY ANYONE WOULD THINK THAT HE WOULDN'T KNOW ABOUT ALL THIS STUFF THAT'S BEEN GOING ON. THIS IS A DEPARTMENT WIDE THING. IT'S THE WHOLE AGENCY. IT, IT'S. l'M NOT SAYING EVERYTHING COMES BACK TO HAINES HIMSELF, BUT IT'S AN AGENCY ISSUE WHEN YOU LOOK AT ALL, ALL OF THESE. AND THESE ARE JUST THE THINGS I KNOW ABOUT. HE PROBABLY KNOWS ABOUT MORE THAN I DO. UHM IF YOU WERE TO POLL THE DEPARTMENT, YOU'D PROBABLY FIND OUT ALL KINDS OF THINGS. BUT YOU COULD JUST LO, YOU CAN LOOK AT THE, THE STATS AND THINGS. ALL THE UHM DISCIPLINARY THINGS AND SEE. AND THEN START, YOU'LL HAVE TO, YOU'D HAVE TO LOOK BACK AT ALL THE IA IN THE PAST YEAR AT LEAST. MAYBE MORE THAN THAT. WHERE THEY'VE BEEN PICKING AND CHOOSING WHO GETS TO TALK TO THE REPS AND WHO DOESN'T. I DON'T SEE HOW THAT IS FAIR OR EVEN LEGAL SO

YOUNG: HAS PBA DISCUSSED THIS CHANGE WITH THE SHERIFF OR THE CHIEF TO EXPRESS ANY CONCERNS OR

BARBER:

YOUNG: DISLIKES (INAUDIBLE)

BARBER: I DON'T KNOW IF LEE HAS. I KNOW HE TALKED TO THE ATIORNEY ABOUT IT. AND I DIDN'T FIND OUT, LIKE WHEN ZACK REPPED SOMEBODY, HE TOLD ME THAT AFTERWARDS. I WAS LIVID. I WAS LIKE, WHY DIDN'T YOU CALL ME OR LEE IN THE MIDDLE OF IT. BUT HE'S LIKE, WE DIDN'T WANT TO GET SENT HOME FOR INSUBORDINATION. SO THEY WERE AFRAID TO SAY ANYTHING.

YOUNG: DO YOU KNOW WHY IT WAS CHANGED TO

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BARBER: I HAVE NO IDEA. FROM WHAT I BELIEVE, IT'S HAINES WHIM.

YOUNG: AND SO WHY WOULDN'T PBA PRESIDENT OR THE PBA HAVE REACHED OUT TO FIND AN EXPLANATION?

BARBER: THAT WOULD BE A QUESTION YOU WOULD HAVE TO ASK LEE. BECAUSE I DON'T THINK LEE WAS TREATED THAT WAY WHEN HE REPPED PEOPLE. SO, I DON'T KNOW. RECENTLY HE HASN'T BEEN. AND I WASN'T WHEN I REPPED A MALE. YOU KNOW. WE, WE WALKED ON THE ELEVATOR TOGETHER, WENT DOWN, THAT'S WHY WE HAVE OUR OFFICE DOWNSTAIRS. SO WE CAN TAKE PEOPLE DOWN THERE TO TALK TO THEM. WHY WOULD THE CHIEF GIVE US THAT OFFICE?

YOUNG: RIGHT

BARBER: IT, IT DOESN'T MAKE SENSE. SO HE'S BEEN PICKING AND CHOOSING.

YOUNG: WELL, IN ANY OF THOSE LISTED WERE THE FEMALES PREVENTED FROM LEAVING AND GOING OUT TOGETHER?

BARBER: WHICH

YOUNG: BECAUSE I KNOW WITH MELONY'S YOU SAID IT WAS MORE SO Y' ALLS PERCEPTION

BARBER: BECAUSE WE HAD HEARD THAT, YEAH. I WOULD HAVE SAID SOMETHING

YOUNG: BUT AT ANY ONE'S THAT WERE TOLD YOU CAN'T GO HERE. YOU CAN'T GO OUTSIDE AND TAKE A BREAK

BARBER: WELL ZACK AND, WHERE'S MY LIST. WHICH ONE OF THESE PAGES IS

YOUNG: YEAH, IT'S ON PAGE

BARBER: OH THAT ONE

YOUNG: FOURTEEN YEAH

BARBER: ZACK AND JEROME, THIS IS

PITIMAN: I WAS JUST MAKING SURE THE BATIERIES GOOD ON THAT

BARBER: OH. THAT WAS ME. I DID THAT CASE, AND OF COURSE I LEFT, I LEAVE THE ROOM. l'M LIKE, HERE'S THE STUFF TO REVIEW. LET ME KNOW WHEN YOU'RE DONE. THAT'S THE WAY IT WAS ALWAYS DONE BEFORE. I DON'T SEE WHAT THE BIG DEAL IS WITH THAT. UHM AND HAINES BROUGHT UP SOMETHING ABOUT THAT, WHICH WE WON'T DISCUSS SINCE THAT HAS TO DO WITH MY CASE. BUT WHEN HE WAS INVOLVING HIMSELF IN MY CASE, HE BROUGHT SOMETHING UP ABOUT THAT. BUT HE WAS WRONG WITH WHAT

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HE WAS TALKING ABOUT. UHM, THIS ONE WITH AMBER AND ZACK. HE WAS NOT ALLOWED TO TALK TO HER OR LEAVE THE, THEY WOULD NOT LET THEM LEAVE THE ROOM ATTHE SAME TIME. THAT, THAT TO ME IS EVEN CRAZIER. l'M LIKE YOU'RE A MALE AND A FEMALE. YOU DON'T EVEN

YOUNG: AND HOW DO YOU KNOW THAT?

BARBER: GO TO THE BATHROOM TOGETHER? ZACK TOLD ME ABOUT IT. AMBER DIDN'T KNOW ANY BETIER. SHE'S NEW, SHE WAS NEW. SHE HAD NOT BEEN IN TROUBLE BEFORE. SHE DIDN'T KNOW WHAT HER RIGHTS WERE. UHM MELONY THING. UHM STEVE KAY. I REPPED HIM, NO ISSUES AT ALL. WE WENT DOWN THE ELEVATOR, YOU KNOW. I WAS LIKE, JUST CHILL OUT FOR A FEW MINUTES. IT'S STRESSFUL. JUST RELAX YOUR BRAIN. YOU KNOW. UHM

YOUNG: WERE YOU GUYS ESCORTED TO THE DOOR WHEN Y'ALL LEFT?

BARBER: I DON'T KNOW. I NEVER PAID ATIENTION TO IT. IT'S SO, IT WASN'T NOTICEABLE, LIKE THEY WERE ON MY BACK OR ANYTHING LIKE I FELT LIKE JEREMY WAS. UHM SO AND, AND UH STEVE, I DON'T KNOW STEVE KAY UNTIL THEN. SO, HE JUST SEEMED LIKE HE WAS JUST GETIING KIND OF AMPED UP, SO I WAS NEEDING TO CALM HIM DOWN, YOU KNOW. UHM LIKE, MENTALLY. I DON'T KNOW IF HE WAS TIRED OR WHAT IT WAS, YOU KNOW. SO UHM I WAS MORE FOCUSED ON HIM. UHM, YOU KNOW WELL, THEN LEE AND BOBBY, NOT ALLOWED TO SPEAK TO HIM. UHM SO SEE, I DON'T REMEMBER IF BOBBY'S WAS AFTER MINE WITH MELONY, SO THEREFORE I KNOW THEY WOULDN'T LET US TALK TO EACH OTHER 'CAUSE THEY DIDN'T LET THEM. UHM WE JUST DIDN'T TRY. UHM LEE AND MELODY COULDN'T. JIMMIE, HE COULD. I MEAN, AND THESE ARE LIKE AFTER EACH OTHER. IT, IT DOESN'T MAKE SENSE. MATI JOHNSON WAS. UHM I THINK LEE SAID HE THOUGHT NEWTON HAD REPRESENTED SOMEONE ELSE, BUT WE COULDN'T REMEMBER WHO IT WAS. AND I, I, WE HAD TRIED TO REACH HIM AND WE COULDN'T REACH HIM SO WE, I DIDN'T FIND OUT WHO ELSE. I KNOW HE'S REPRESENTED SOMEONE ELSE. UHM AND THEN THE INCIDENT HAPPENED WITH BRIAN, THE OTHER ONE THAT'S STILL UNDER WHATEVER, PENDING A, AN ALLEGED QUESTION TO THE AG'S OFFICE.

YOUNG: RIGHT

BARBER: BUT NOBODY HAS ANY VERIFICATION OF THAT EITHER. SO, WE'RE ALL WAITING TO SEE IF THAT'S EVEN TRUE.

YOUNG: ALRIGHT. WELL, I WANT TO THANK YOU FOR COMING IN AND I KNOW THIS WAS A LOT OF INFORMATION AND A LOTTO COVER. I APPRECIATE YOUR COMMITMENT TO HELPING US OUT WITH THIS AND UHM AND IF I NEED ANY FOLLOW-UPS, I'll REACH BACK OUT TO YOU.

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BARBER: OKAY

YOUNG: THANK YOU.

PITIMAN: THAT CONCLUDES THE INTERVIEW AT FOUR THIRTY-FOUR (16:34) SAME DATE.

Transcribed by H. Mohan 6/28/2019

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OKAY, UHM WE'RE ON THE RECORD. IT IS THREE FIFTY (3:50) ON JULY THIRTIETH. UHM, I HAVE WITH ME TAMA BARBER AND I HA VE ASKED YOU TO COME BACK IN REGARDING THE DOCUMENTS THAT YOU PROVIDED FROM LAURA MONTOYA'S CASE. BEFORE WE GET GOING, I WANTED TO REFRESH WITH YOU, THE PERJURY AND OATH ACKNOWLEDGEMENT FORM AND THE CONFIDENTIALITY NOTICE FORM, AND REMIND YOU THAT BOTH THESE DOCUMENTS ARE STILL IN PLACE. OKAY, DO YOU HAVE ANY QUESTIONS PERTAINING TO EITHER ONE OF THEM?

BARBER: NO.

YOUNG: OKAY. IF I CAN, JUST HAVE YOU UHM INITIAL AND DATE AT THE BOTTOM OF THE PERJURY AND OATH AND CONFIDENTIALITY.

BARBER: IS IT WHAT, WHAT'S THE DATE?

YOUNG: THE THIRTIETH. OKAY, NOW THAT YOU'VE HAD A CHANCE TO GO THROUGH AND TAG ALL OF THE DOCUMENTS, I WANT TO MAKE SURE THAT I DON'T MISS ANYTHING AND UHM GIVE YOU AN OPPORTUNITY TO EXPLAIN ANYTHING IN THEM THAT YOU FEEL I NEED TO KNOW ABOUT. UH, WERE YOU A WARE OF ALL THE INCIDENTS AND INFORMATION IN THEM BEFORE YOU READ THEM OR

BARBER: NO. LIKE I TOLD YOU BEFORE I DID NOT PROVIDE THOSE. MY ATTORNEY GA VE THEM TO PROVIDE, GA VE THEM TO ME TO PROVIDE TO YOU, TO THE AGENCY.

YOUNG: OKAY. SO WHAT I AM GOING TO DO IS GO THROUGH EACH ONE AND WHERE YOU HAVE TAGGED THEM, I'D LIKE FOR YOU TO EXPLAIN TO ME THE RELEVANCE TO YOUR COMPLAINT AGAINST CHIEF DEPUTY ERIC HAINES AND HOW IT RELATES TO YOU AND YOUR TREATMENT.

BARBER: OKAY, BUT IT WASN'T, TECHNICALLY A COMPLAINT AGAINST CHIEF HAINES, IT WAS UNDER AN ORDER FROM THE SHERIFF TO PROVIDE THAT INFORMATION TO HIM.

YOUNG: OKAY. SO I'M GOING TO START FIRST, AND GIVE YOU VOLUME ONE OF ERIC HAINES'S DEPOSITION. YOU HAVE SEVERAL ITEMS TAGGED. I'LL LET YOU JUST GO THROUGH EACH ONE AND YOU CAN ARTICULATE ON THE RECORD HOW IT PERTAINS TO YOUR COMPLAINT OR WHETHER YOU WERE A WITNESS TO ANY OF THESE EVENTS, OR HOW IT

BARBER: INEVER

YOUNG: (INAUDIBLE) CREDENCE

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BARBER: I NEVER SAID I WAS A WITNESS TO THESE EVENTS. ALL OF THESE TAGS ARE NOT MINE. SOME OF THOSE BLUE ONES ARE NOT MINE. UHM, ALSO I, I WOULD LIKE TO ASK, HAS ANYONE ELSE THAT HAS REPORTED ANYTHING LIKE THIS AT THIS AGENCY EVER HAD TO DO ANYTHING LIKE THIS, FOR THEIR, FOR AN INVESTIGATION OF THEIR, AN ALLEGED VICTIM, MAYBE WITNESS OR A COMPLAINANT ON. CAN YOU ANSWER THAT?

YOUNG: I'MNOT AWARE OF THAT.

BARBER: DO YOU KNOW WHY I'M BEING TREATED DIFFERENTLY?

YOUNG: YOU PROVIDED THESE DOCUMENTS

BARBER: THROUGH MY ATTORNEY, FROM MY ATTORNEY, NOT FROM ME.

YOUNG: AS PROOF AND DOCUMENTATION OF THE GENDER DISCRIMINATION AND THE DIFFERENT BIASES THAT YOU HA VE RECEIVED FROM THE CHIEF, AND SO I WANT TO ENSURE THAT I DON'T MISS ANYTHING THAT HELPS PROVE THE ALLEGATIONS MADE AGAINST HIM.

BARBER: THAT'S NOT ENTIRELY CORRECT, BUT SORT OF.

YOUNG: WHAT DO YOU MEAN?

BARBER: THE ATTORNEY GAVE THEM TO ME TO PROVIDE TO YOU. I HAD NOT READ THEM BEFORE. THE JUDGE MADE THE RULING THAT THERE WAS GENDER-BIAS AT THIS AGENCY, CONCERNING CHIEF HAINES AND OTHER PEOPLE, BASED ON THIS CASE. THAT IS WHY IT'S PROVIDED TO YOU.

YOUNG: BUT THE COMPLAINT THAT YOU MADE AGAINST

BARBER: I DID NOT MAKE A COMPLAINT

YOUNG: CHIEF HAINES

BARBER: I FILED A RESPONSE TO THE SHERIFF BECAUSE HE ORDERED ME TO.

YOUNG: AND IN YOUR RESPONSE THOUGH, IT WAS AN ALLEGATION AGAINST

BARBER: RIGHT.

YOUNG: THE CHIEF THAT YOU WERE DISCRIMINATED AGAINST BECAUSE YOU'RE A FEMALE

BARBER: YES.

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YOUNG: AND IN THAT COMPLAINT, YOU INCLUDED THESE DOCUMENTS THAT WERE PROVIDED TO YOU BY YOUR ATTORNEY

BARBER: THATSHOW

YOUNG: AS LENDING SUPPORT TO

BARBER: GENDER-BIAS.

YOUNG: GENDER-BIAS.

BARBER: YES.

YOUNG: SO THESE DOCUMENTS WERE

BARBER: FROM MY ATTORNEY.

YOUNG: OBTAINED FROM LAURA MONTOYA'S CASE AND YOUR ATTORNEY. SO ARE YOU SAYING THAT NONE OF THEM PERTAIN TO YOUR COMPLAINT?

BARBER: I'M SA YING IT, IT SHOWS GENDER-BIAS FROM THE CHIEF AND OTHERS. I DID NOT PROVIDE THEM. THE, MY ATTORNEY PROVIDED THEM AND I DELIVERED THEM TO YOU. SO JUST WANT TO MAKE THAT CLEAR.

YOUNG: IN YOUR COMPLAINT THOUGH YOU

BARBER: RIGHT. I, WE REFERENCED THE JUDGE'S DECISION, THE JUDGE'S RULING.

YOUNG: SO WHY WOULD YOU INCLUDE IN A COMPLAINT INFORMATION THAT YOU DON'T KNOW ABOUT?

BARBER: THE JUDGE RULED THERE WAS GENDER-BIAS INVOLVED. IS THAT NOT VALID?

YOUNG: BUT THE COMPLAINT YOU MADE REGARDED YOU.

BARBER: RIGHT. AND OTHERS, NOT JUST ME.

YOUNG: YOU FILED THE COMPLAINT

BARBER: NO, I DID NOT FILE A COMPLAINT.

YOUNG: IT IS A COMPLAINT.

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BARBER: WELL I FILED A LETTER TO THE SHERIFF BECAUSE HE ORDERED ME TO.

YOUNG: CORRECT.

BARBER: (INAUDIBLE) SEMANTICS, IT'S NOT A COMPLAINT TO ME. IT'S NOT A, I DID NOT FILE A COMPLAINT.

YOUNG: SO YOU HA VE YOUR PERCEPTION

BARBER: RIGHT.

YOUNG: THE SHERIFF'S OFFICE HAS THEIR PERCEPTION.

BARBER: YEP.

YOUNG: AND I'M HERE TO DETERMINE EXACTLY HOW THESE DOCUMENTS THAT WERE PROVIDED TO YOU BY YOUR LAWYER THAT WERE IN YOUR COMPLAINT AGAINST THE CHIEF ARE RELATED TO YOUR ISSUE.

BARBER: THEY'RE RELATED TO THE SHERIFF'S OFFICE ISSUE. SO WE'LL START OUT ON ONE THAT I TAGGED WAS PAGE TWENTY-NINE AND IT TALKS ABOUT, THE SHERIFF, THE CHIEF'S BELIEFS, RELIGIOUS BELIEFS. I MEAN THERE'S SO MANY PAGES I CAN'T SAY, THIS ONE SENTENCE HERE IS A SPECIFIC THING BECAUSE IT'S A WHOLE CONVERSATION. OKAY? SO ALL OF THESE TAGS THAT I HAVE, COULD BE FIVE PAGES OF A CONVERSATION. IT HAS TO BE TAKEN TOGETHER, YOU CAN'T JUST TAKE ONE SENTENCE. SO THAT'S KIND OF THIS HERE, THIS IS THE START OF THEIR, WELL IT'S NOT THE START OF IT, BUT IT'S PART OF THEIR CONVERSATION ABOUT THE CHIEF'S RELIGIOUS BELIEFS.

YOUNG: AND DID YOU KNOW ANYTHING ABOUT HIS RELIGIOUS BELIEFS BEFORE READING THESE DOCUMENTS?

BARBER: I KNEW HE WAS RELIGIOUS AND HE WENT TO PENSACOLA CHRISTIAN.

YOUNG: OKAY.

BARBER: SO, SORT OF. I KNOW HOW STRICT THEY ARE.

YOUNG: OKAY.

BARBER: SO WHAT'S THE QUESTION?

YOUNG: HOW ARE THOSE STATEMENTS RELEVANT TO YOUR

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BARBER: THIS IS A NOTATION FROM THE BIBLE, WHICH THE CHIEF BELIEVES IN THE BIBLE, OBVIOUSLY, BECAUSE HE WENT TO PENSACOLA CHRISTIAN AND HE TALKS ABOUT IT. THAT'S, IT'S KIND OF, THIS IS A CONVERSATION BASICALLY QUESTIONING BETWEEN HIM AND THE ATTORNEY ABOUT HIS RELIGIOUS BELIEFS. SAME THING, THEY'RE TALKING ABOUT IT ON PAGE THIRTY. PAGE THIRTY-TWO OR THIRTY, THIRTY-ONE, THIRTY-TWO. THESE ARE ALL ABOUT THE BIBLE VERSES AND HIS BELIEFS. THIRTY-THREE, WHETHER WOMEN SHOULD SUBMIT THEMSELVES TO THEIR HUSBANDS AND THAT KIND OF THING. THIRTY-FOUR, THERE'S ANOTHER BLUE TAG THAT'S NOT MINE ON PAGE TWENTY-NINE AND PAGE THIRTY.

YOUNG: YOU ONLY, THE BLUE TAGS ARE MINE

BARBER: OKAY.

YOUNG: SO YOU ONLY HAVE TO IDENTIFY THE ONES YOU'VE TAGGED.

BARBER: PAGE THIRTY-FOUR, PAGE THIRTY-FIVE IS HIM HAVING A CONVERSATION ABOUT HIM HAVING A CONVERSATION WITH LIEUTENANT COX AND HIS BIBLE BELIEFS, WHICH I BELIEVE HE MOSTLY DENIED MOST OF IT. BUT I MEAN, I, WOULD I LITERALLY HAVE TO READ IT ALL TO EXPLAIN IT AGAIN. PAGE THIRTY-SIX, UHM IS TALKING ABOUT HIS RELIGIOUS BELIEFS. PAGE THIRTY-SEVEN, SAME CONVERSATION.

YOUNG: AND, AND IF I MAY, WERE YOU PRESENT DURING ANY OF THOSE CONVERSATIONS LISTED?

BARBER: OF COURSE NOT, I'M NOT AN ATTORNEY AND I DID NOT WORK WITH HAINES BACK THEN, WAS NOT IN THIS DEPOSITION, AND I DIDN'T EVEN WORK WITH MONTOYA. PAGE THIRTY-EIGHT

YOUNG: AND HAD YOU HEARD ABOUT ANY OF THESE CONVERSATIONS OR DISCUSSIONS BROUGHT UP IN THIS DEPOSITION BEFORE THIS WAS PROVIDED TO YOU BY YOUR ATTORNEY TO PUT IN YOUR COMPLAINT?

BARBER: SURE, I HEARD RUMORS.

YOUNG: OKAY, BUT NOTHING MORE THAN RUMORS.

BARBER: IT WOULD, COULD ONLY BE RUMORS WHEN I WASN'T PRESENT. UHM, PAGE FORTY IS AGAIN, STILL TALKING ABOUT HIS RELIGIOUS BELIEFS. FORTY-ONE, FORTY-TWO, UH FORTY-EIGHT HAS TO DO WITH HIM TALKING TO MR. NIX ABOUT HIS BELIEFS THAT WOMEN

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SHOULDN'T BE IN POSITIONS OF POWER OVER MEN. HE DENIED SAYING IT, BUT I BELIEVE IN PHILIP NIX'S DEPOSITION HE CLAIMED OTHERWISE, I'M NOT SURE. I MEAN WE'LL HAVE, I THINK WE HAVE THAT ONE RIGHT?

YOUNG: WE DO.

BARBER: UHM, THEN FORTY-NINE, STILL MORE RELIGIOUS BELIEFS OR STUFF ABOUT HIS CHURCH BELIEFS. FIFTY, SAME THING. (INAUDIBLE) NUMBER THESE, IT'S EASIER. FIFTY-ONE, SAME THING. FIFTY-TWO SAME THING.

YOUNG: AND WE COULD PROBABLY MAKE THIS EASIER IF I ASKED YOU THIS, IF YOU WANT TO GO THROUGH EACH PAGE, YOU CAN, BUT FROM WHAT I'M GATHERING, YOU HAD NO KNOWLEDGE OF ANY OF THIS INFORMATION PRIOR TO YOUR LAWYERS PROVIDING IT TO YOU BEFORE SUBMISSION OF YOUR LETTER TO THE SHERIFF. SO IF DON'T HAVE

BARBER: (INAUDIBLE)

YOUNG: ANY KNOWLEDGE

BARBER: (INAUDIBLE)

YOUNG: OR IF IT'S NOT RELEVANT TO YOUR COMPLAINT, YOU DON'T HA VE TO GO THROUGH ALL OF THEM, UNLESS YOU WANT TO.

BARBER: I DON'T HAVE KNOWLEDGE OF THIS BECAUSE IT'S A DEPOSITION. ALL OF THESE ARE DEPOSITIONS. IS IT RELEVANT TO ANYONE'S COMPLAINT AGAINST GENDER DISCRIMINATION AT THE SHERIFF'S OFFICE, YES IT IS BECAUSE IT SHOWS THAT THE SHERIFF, THE CHIEF HAS GENDER-BIAS. THE JUDGE RULED THAT. THAT WOULD PROBABLY BE MORE SPECIFICALLY IN THE JUDGE'S RULING. YOU HAVE THAT SOMEWHERE I KNOW. IT'S IN THE BOX.

YOUNG: OKAY. I AM JUST LOOKING FOR HOW IT'S RELEVANT TO YOUR PROBLEMS WITH

BARBER: THEN WE SHOULD PROBABLY START OUT WITH THE JUDGE'S RULING.

YOUNG: ALRIGHT. SO YOU PROVIDED ME DOYLE GRESHAM'S DEPOSITION, ANITA HEMPHILL

BARBER: NO. MY LA WYER PROVIDED THOSE TO YOU.

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YOUNG: BUT I BELIEVE IT WAS YOUR SIGNATURE ON THE LETTER OF COMPLAINT, CORRECT?

BARBER: THE LETTER TO THE SHERIFF.

YOUNG: CORRECT. WHICH HAS A COMPLAINT IN IT. AFFIDAVIT OF PHILIP NIX, AFFIDAVIT OF SHERRY NIX, DEPOSITION OF SANDRA WEBBER, THIS IS THE COURT RULING HERE I BELIEVE THAT YOU ARE TALKING ABOUT. AND THEN WE WILL COME BACK TO THE DEPOSITIONS OF EACH. OKAY, SO JUST SO WE KNOW WHAT WE'RE TALKING ABOUT, WE ARE LOOKING AT UNITED DISTRICT COURT, NORTHERN DISTRICT OF FLORIDA, PENSACOLA DIVISION OF THE JUDGE'S RULING. IS THAT CORRECT?

BARBER: (INAUDIBLE) THE JUDGE'S RULING IN LAURA MONTOYA'S CASE.

YOUNG: OKAY.

BARBER: UHM, THE VERY FIRST PAGE IT TALKS ABOUT WHERE IT TALKS ABOUT BASICALLY BUT, UH, THAT SHE'S ASSERTING THAT THERE IS DISCRIMINATION BASED ON RACE AND GENDER. THIS IS THE LAWSUIT WHERE I THINK ORIGINALLY, SHE WAS SUING DAVID MORGAN, RICKY SHELBY, ERIC HAINES, FRED ALFORD AND THE SHERIFF'S OFFICE. THE SHERIFF AND HIS, IT SAYS HIS OFFICIAL AND INDIVIDUAL CAPACITIES. PAGE TWO, BECAUSE YOU SAID THAT MENTIONED IT, SO THAT'S WHY ALL THESE ARE TAGGED. UHM, HER CLAIMS ARISE OUT OF HER DEMOTION AND ALLEGED HOSTILE WORK ENVIRONMENT AND HER ULTIMATE TERMINATION. PENDING IS DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON THE MERITS AND ON GROUNDS OF QUALIFIED IMMUNITY. HAVINO FULLY REVIEWED THE MATTER, THE COURT FINDS THAT THE MOTION IS DUE TO BE GRANTED IN PART AND DENIED IN PART.

YOUNG: AND WE HAVE THESE DOCUMENTS TO BE INCLUDED IN THE FILE, SO I THINK WE WILL JUST BE REPETITIVE IF WE READ EVERYTHING. MORE SPECIFICALLY IF YOU COULD JUST EXPLAIN HOW IT IS RELEVANT TO YOU.

BARBER: BECAUSE THE JUDGE HAS MADE A RULING THAT CHIEF HAINES HAS SHOWN GENDER-BIAS.

YOUNG: SO

BARBER: THIS IS THE RULING.

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YOUNG: SO YOU'RE SA YING THE JUDGE'S RULING IN THE LAURA MONTOYA'S CASE IS PROOF OR SUPPORT OF THE ALLEGATIONS AGAINST YOU.

BARBER: OF COURSE, NOT, ALLEGATIONS AGAINST ME

YOUNG: THE ALLEGATIONS THAT YOU ARE ALLEGING AGAINST HIM.

BARBER: THE CHIEF HAS GENDER-BIAS, YES, HE DOES.

YOUNG: OKAY. I GUESS I'M JUST NOT UNDERSTANDING HOW THE JUDGE'S RULING IN LAURA MONTOYA'S CASE IS ASSOCIATED WITH HOW YOU HAVE BEEN AFFECTED OR TREATED BY THE CHIEF.

BARBER: YOU DON'T THINK THAT DECISIONS THE CHIEF HAS MADE ON OTHER WOMEN AND HIS RELIGIOUS BELIEFS AND THAT HE HAS SHOWN GENDER-BIAS BEFORE, AFFECTS HIS DECISIONS WHEN IT COMES TO OTHER PEOPLE, LIKE WHEN HE REFUSED TO, OR DID NOT WANT TO DEMOTE ME AND DID NOT DEMOTE ME WHEN I WAS QUALIFIED AND ON THE LIST BEFORE, WITHOUT NO REASON AND THERE WAS AN OPENING. YOU DON'T THINK THAT SHOWS THAT, THAT CAN BE GENDER-BIAS?

YOUNG: I'M REFERRING TO THE DOCUMENTS. HOW DO THOSE SUPPORT

BARBER: THAT'S WHAT I'M SAYING. THIS, THIS SHOWS THAT HE, THE JUDGE HAS EVEN RULED THAT HE SHOWS GENDER-BIAS.

YOUNG: OKAY. IS THERE ANYTHING LISTED IN HERE REFERENCING YOU OR?

BARBER: NO. I AM A FEMALE THOUGH, SO IT'S REFERENCING PEOPLE LIKE ME AND YOU WHO ARE WOMEN.

YOUNG: OKAY. IS THERE ANYWHERE LISTED IN THERE YOUR NAME THAT CAME UP REGARDING YOUR PROMOTION PROCESS AND THE FACT THAT YOU WERE NOT PROMOTED?

BARBER: I DON'T KNOW BECAUSE I DON'T HAVE EVERY DEPOSITION FOR THIS COURT CASE. I ONLY HAVE WHAT THE ATTORNEY PROVIDED TO YOU.

YOUNG: (INAUDIBLE)

BARBER: NOT THAT I HAVE READ IN THIS. BUT I HAVEN'T READ HER WHOLE ENTIRE CASE. THIS IS ALL THAT I HAVE.

YOUNG: SO I WOULD ASSUME YOUR ATTORNEY WOULD'VE PROVIDED YOU WITH DOCUMENTS IMPORTANT TO ADD TO THIS FILE, CORRECT?

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BARBER: WELL, I DON'T KNOW. I DIDN'T KNOW WHAT HE WAS PROVIDING TO ME WHEN HE PROVIDED IT TO ME. SO THAT WOULD BE A QUESTION FOR MY ATTORNEY OR FOR LAURA MONTOYA PROBABLY. SHE NEEDS TO BE INTERVIEWED BECAUSE SHE IS THE ONE THAT KNOWS ABOUT THE COMMENTS THAT WERE MADE ABOUT ME.

YOUNG: SO IN THE RULING, JUST SO I'M CLEAR, THERE'S NOTHING LISTED REGARDING YOUR NAME OR YOUR PROMOTION PROCESS

BARBER: NO.

YOUNG: OR LACK THEREOF?

BARBER: IT HAS TO DO WOMEN.

YOUNG: OKAY. AND CAN YOU IDENTIFY IN THERE WHERE THE JUDGE EXPRESSES WOMEN AS A WHOLE ARE VICTIMS OF HIS DISCRIMINATION

BARBER: I SEE THE WORD WOMEN WRITTEN IN HERE. AND LITERALLY, YOU'D HAVE TO READ THIS WHOLE THING, THIS, I MEAN, I THINK I READ THIS ONE FIRST. IT'S BEEN AWHILE SINCE I'VE SEEN IT. SO YES, WOMEN AS A WHOLE I KNOW THEY DISCUSSED IT WHEN THEY WERE DISCUSSING HIS RELIGIOUS BELIEFS. THEY DIDN'T SAY, ASK HIM SPECIFICALLY DO YOUR RELIGIOUS BELIEFS HAVE TO DO WITH THE LAURA MONTOYA SPECIFICALLY, IT WAS WOMEN, IS HOW THEY REFERRED TO IT.

YOUNG: OKAY. IS THERE ANYTHING IN THAT DOCUMENT THAT YOU WOULD LIKE TO BRING TO LIGHT OR MAKE SURE THAT I KNOW ABOUT REGARDING YOUR COMPLAINT?

BARBER: I DON'T REALLY UNDERSTAND WHAT YOU'RE ASKING.

YOUNG: IS THERE ANYTHING IN THAT DOCUMENT, THAT YOU WANT TO MAKE SURE THAT I DON'T MISS AND THAT I CAN LOOK AT IN THE FACT FINDING

BARBER: WELL I MEAN I TAGGED EVERYTHING THAT YOU SHOULD READ.

YOUNG: I SEE A LOT TAGGED, BUT A LOT OF IT PERTAINS TO LAURA MONTOYA.

BARBER: IT HAS TO DO WITH WOMEN.

YOUNG: ANY SPECIFIC EXCERPTS THAT YOU WOULD LIKE

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BARBER: I, I, I REALLY WOULD HAVE TO READ IT AGAIN. AND LIKE I SAID, THIS ONE WAS THE FIRST ONE THAT I READ. IT'S BEEN A REALLY LONG TIME. SO, AND I DON'T (INAUDIBLE)

YOUNG: I'M JUST, I'M GIVING YOU TIME TO READ IT IF YOU WOULD LIKE TO.

BARBER: I, I, OKAY. I'LL SIT HERE AND RE-READ THE THING. THEN YOU'LL HAVE TO ASK ME THE QUESTION AGAIN, BECAUSE I'M NOT GONNA REMEMBER BY THE TIME I FINISH READING THIS AGAIN. I'VE READ YOU THE FIRST, THE FIRST PAGE OR THE SECOND PAGE WHERE IT TALKS ABOUT UH WHAT HER CLAIMS AROSE FROM. AND THEN THERE'S THE EVIDENTIARY OBJECTIONS.

YOUNG: I DO HAVE ONE QUESTION. IN THE JUDGE'S RULING, IN THE CASE, YOU, YOU SAID THAT IT MENTIONED WOMEN. WERE THERE OTHER WOMEN LISTED IN THE COMPLAINT FILED BY LAURA MONTOYA?

BARBER: THERE'S OTHER WOMEN MENTIONED IN HERE, I HAVEN'T READ ALL OF THE DEPOSITIONS, SO I DON'T KNOW. THEY MENTIONED UHM, UH

YOUNG: AND I'M JUST SAYING, BECAUSE YOU SAID IT MENTIONS THAT HE WAS DISCRIMINATORY AGAINST WOMEN.

BARBER: THEY MENTION THE WORD WOMEN A LOT. THEY MENTION, I, I BELIEVE THERE'S OTHER WOMEN THAT WERE INTERVIEWED IN THIS CASE.

YOUNG: BUT ARE ANY OF THOSE WOMEN PLAINTIFFS? DID THEY

BARBER: I, I

YOUNG: JOIN

BARBER: I HAVE NO IDEA, I DON'T, I KNOW I'VE READ EVERYTHING YOU'VE READ ABOUT THIS CASE, THESE DEPOSITIONS. AND MAYBE AN, A NEWS ARTICLE. UHM

YOUNG: SO WHILE IT REFERS TO WOMEN, THERE'S ONLY ONE FEMALE PLAINTIFF, THERE'S NOT MULTIPLES.

BARBER: NO. I THINK THERE'S OTHER CASES. AND THERE WERE PEOPLE THAT WERE INTERVIEWED IN THIS TOO, OTHER FEMALES, BUT UH I CAN'T FIND THE NAME.

YOUNG: AND YOUR LA WYERS DIDN'T PROVIDE YOU THAT?

BARBER: NO.

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YOUNG: OKAY.

BARBER: I MEAN, THE WHOLE CASE IS, YOU COULD PROBABLY GET ON THE INTERNET SOMEWHERE. I DON'T REMEMBER WHERE I SAW THE OTHER PEOPLE'S NAMES. BUT (INAUDIBLE) OH, I (INAUDIBLE) IT MENTIONS UHM THAT THERE WERE AFFIDAVITS FROM OTHER FEMALE DEPUTIES; SANDY WEBBER, SHERRY NIX AND JACKIE GULLEY.

YOUNG: AND THOSE AFFIDAVITS ARE THEY PLAINTIFFS OR?

BARBER: I DON'T KNOW, I, I'VE NOT SEEN THEM BEFORE. THAT'S, YOU'LL HAVE TO LOOK UP, UP ONLINE OR YOU'RE GONNA HA VE TO ASK THE ATTORNEY. I REALLY CAN'T TELL YOU THAT. IT JUST SAYS AFFIDAVITS. THAT'S AT THE BOTTOM OF ONE OF THESE PAGES, PAGE TEN.

YOUNG: SO IN YOUR COMPLAINT THAT YOU SUBMITTED TO THE SHERIFF, THESE SPECIFIC EXCERPTS REGARDING THE COURT'S RULING, HOW DID YOU GET THAT INFORMATION TO TYPE UP IN THE LETTER IF YOU'RE NOT SURE WHERE ANY OF THAT INFORMATION IS IN THESE DOCUMENTS?

BARBER: THE INFORMATION CAME FROM MY ATTORNEY, WHICH I SHOULDN'T EVEN HAVE TO SAY OUT LOUD ON A RECORDING, BUT THAT'S, SHOULD BE PRIVILEGED INFORMATION. HOWEVER, MY ATTORNEY PROVIDED THAT TO ME. I DON'T REMEMBER WHAT YOUR WHOLE QUESTION WAS. IT'S

YOUNG: SO DID THE ATTORNEY GIVE YOU THE DOCUMENTS WHERE YOU COULD FIND THAT INFORMATION TO INCLUDE IN THAT?

BARBER: I HAD THE DOCUMENTS WHEN I BROUGHT THEM TO YOU.

YOUNG: RIGHT.

BARBER: I HA VE EXCERPTS FROM IT AS WELL BEFORE THAT, FOR MY LETTER.

YOUNG: SO THE ATTORNEY PROVIDED YOU THOSE SPECIFIC EXCERPTS THAT YOU HA VE IN YOUR LETTER.

BARBER: OKAY. THIS IS LIKE, HAS TO DO WITH ATTORNEY-CLIENT PRIVILEGE, AND I'M NOT GOING TO KEEP DISCUSSING HOW I GOT THAT STUFF FROM HIM, OKAY?

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YOUNG: OKAY. I'M JUST TRYING TO FIND OUT WHETHER OTHER WOMEN WERE THE VICTIMS OF THE DISCRIMINATION AND, AND WERE PLAINTIFFS SO THAT WE CAN HAVE THEM COME IN

BARBER: I MEAN

YOUNG: AND I COULD INTERVIEW THEM AS WELL.

BARBER: YOU CAN CALL THEM AND INTERVIEW THEM. ONE OF THEM STILL WORKS HERE, THAT'S, THAT I'VE MENTIONED.

YOUNG: AND WHO IS THAT?

BARBER: UH, SANDY WEBBER.

YOUNG: OKAY.

BARBER: YOU CAN ASK HER SPECIFICALLY WHETHER SHE FILED A LAWSUIT OR NOT. I DON'T GO SEARCHING FOR THAT STUFF. THERE'S TOO MANY LAWSUITS OUT THERE, BUT I WOULD THINK EVERYONE WOULD HAVE HEARD THE RUMORS IF SHE DID. BUT SANDY WEBBER STILL WORKS HERE, SHERRY NIX, I THINK STILL LIVES IN THIS TOWN AND I DON'T KNOW ABOUT JACKIE GULLEY. I THINK I MET HER ONCE OR TWICE, THAT'S IT.

YOUNG: OKAY.

BARBER: I'M SURE IF YOU CONTACTED THEM THEY'D BE HAPPY TO COME IN. WHAT ELSE (INAUDIBLE), DO YOU STILL WANT ME TO GO BACK TO READING THIS, SO WE HA VE THE EVIDENTIARY OBJECTIONS WHERE THEY TALK ABOUT WHAT MONTOYA

YOUNG: WHATEVER INFORMATION YOU FEEL IS RELEVANT THAT I NEED TO SPECIFICALLY LOOK AT

BARBER: I'VE TABBED ALL THAT.

YOUNG: AND YOU'VE TABBED A LOT OF CONVERSATIONS THAT HA VE PHRASES, BUT I NEED YOU TO EXPLAIN HOW THEY PERTAIN TO YOU.

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YOUNG: WHAT STATS WOULD THAT BE?

BARBER: WHATEVER I TALKED TO YOU ABOUT BEFORE. MA'AM THAT'S BEEN, WHAT, TWO OR THREE WEEKS AGO. AND I DON'T HAVE ANY, ONCE AGAIN, ANY OF MY INFORMATION OR MY NOTES WITH ME, SO YOU WANT ME TO PROVIDE ALL THIS STUFF TO YOU, BUT YOU DON'T WANT TO LET ME GET ANYTHING FOR IT. SO OFF MY MEMORY, I CAN'T GIVE YOU MY OWN STATS OR NAMES OF PEOPLE, BECAUSE I'M TERRIBLE WITH NAMES IN THE FIRST PLACE.

YOUNG: WOULD IT BE BETTER FOR YOU IF WE SCHEDULED A DIFFERENT TIME WHERE YOU KNEW

BARBER: IT'D BE BETTER IF YOU SCHEDULED A TIME WHEN MY ATTORNEY COULD COME WITH ME AND I COULD PROVIDE THE DOCUMENTS, THAT'S WHAT WOULD BE BETTER FOR ME.

YOUNG: OKAY. WELL AND WE'VE ALREADY DISCUSSED THAT, UHM HOWEVER, I AM OPEN TO RESCHEDULING A TIME WHERE YOU CAN COME BACK WITH ALL OF YOUR NOTES AND DOCUMENTATION THAT YOU NEED TO PINPOINT SPECIFICS THAT YOU WOULD LIKE ME TO LOOK INTO. UHM, BUT JUST TO CLARIFY, WE DID HAVE THIS SCHEDULED TODAY TO GO THROUGH ALL OF THESE DOCUMENTS AND TAG THEM.

BARBER: AND I DID THAT. I DID THAT.

YOUNG: SO THIS WAS NOT A SPRUNG UPON YOU

BARBER: I, I WAS COMING IN HERE TO TAG THE DOCUMENTS. I NEVER KNEW I WAS GOING TO HAVE AN INTERVIEW, MY SECOND INTERVIEW.

YOUNG: YOU DON'T HAVE TO PROVIDE ANY MORE INFORMATION THAN YOU DON'T WANT TO. OKAY? THIS IS TO ALLOW YOU, THE ONE MAKING THE COMPLAINT, THE OPPORTUNITY TO BRING

BARBER: ONCE AGAIN, I DID NOT MAKE THE COMPLAINT IN I.A. I MADE THE COMPLAINT UNDER DURESS BECAUSE THE SHERIFF ORDERED ME TO, OKAY?

YOUNG: OKAY.

BARBER: LET'S GET THAT STRAIGHT.

YOUNG: WOULD YOU LIKE TO PROCEED OR DO YOU WANT TO BE CONCLUDED?

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BARBER: I DON'T WANT TO SIT HERE FOR HOURS AND TRY TO EXPLAIN A JUDGE'S RULING. WE HAVEN'T EVEN FINISHED THE FIRST DOCUMENT YET. I'VE BEEN HERE SINCE TEN THIS MORNING READING ALL THIS STUFF, I MEAN, I HAD A BREAK.

YOUNG: SO WE HAVE DISCUSSED, EACH TIME YOU'VE COME IN AND TAGGED THIS INFORMATION, WHY YOU WERE TAGGING IT AND WHAT IT'S IMPORTANCE WAS.

BARBER: YOU SAID FOR ME TO TAG ANYTHING THAT HAD TO DO WITH GENDER-BIAS OR DISCRIMINATION. THAT IS A LOT IN ALL OF THESE LEGAL DOCUMENTS AND DEPOSITIONS

YOUNG: CORRECT.

BARBER: BECAUSE IT'S NOT EVEN ALL ABOUT JUST HAINES, IT'S ABOUT OTHER PEOPLE AND THE HOSTILE WORK ENVIRONMENT THAT WAS BEING COMPLAINED UPON.

YOUNG: BUT THIS IS NOT ANYTHING SPRUNG UPON YOU THAT YOU DID NOT KNOW. YOU'VE BEEN GOING THROUGH THESE DOCUMENTS

BARBER: RIGHT.

YOUNG: AND IT'S NOT A SURPRISE TO YOU AS TO THE DOCUMENTS THAT I'M HAVING YOU LOOK AT AND REVIEW. YOU'VE HAD A CHANCE TO GO THROUGH THEM ALL.

BARBER: OKAY. BUT AFTER SEVERAL WEEKS OF GOING THROUGH THIS STUFF, YOU EXPECT ME TO REMEMBER ALL OF IT?

YOUNG: IF IT'S CRITICAL TO WHAT YOU WOULD LIKE ME TO KNOW

BARBER: THAT'S WHY I THOUGHT I WAS TABBING IT SO YOU WOULD READ IT.

YOUNG: OKAY. I AM GETTING

BARBER: AM I THE INVESTIGATOR HERE?

YOUNG: I AM GETTING THE IMPRESSION THAT YOU ARE CHOOSING NOT TO GO THROUGH. I WILL TAKE

BARBER: YOU'RE MAKING ME INVESTIGATE MY OWN COMPLAINT

YOUNG: I WILL TAKE

BARBER: THAT YOU'RE CALLING MY COMPLAINT.

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YOUNG: THE EVIDENCE THAT YOU HAVE TABBED

BARBER: OKAY.

YOUNG: AND INCLUDE THEM IN THE CASE FILE.

BARBER: OKAY.

YOUNG: BUT THAT'S ALL THAT WILL HAPPEN. SO UNLESS YOU CAN HELP ME UNDERSTAND HOW THESE THINGS ARE RELEVANT TO THE GENDER BIAS DISCRIMINATION COMPLAINT THAT CHIEF HAINES HAS SUBJECTED UPON YOU, THESE WILL JUST SIMPLY BE INCLUDED.

BARBER: BECAUSE THIS IS PROOF OF HIS GENDER-BIAS. THAT IS WHAT THIS IS. THIS, ALL OF THIS IS PROOF OF HIS GENDER-BIAS. THAT IS HOW IT RELATES. SO IF, THEN WE CAN THROUGH EVERY SENTENCE IF YOU'D LIKE. EVERY SENTENCE, EVERY PARAGRAPH THAT I HAVE TABBED HERE.

YOUNG: YOU ARE THE COMPLAINANT. IT IS YOUR CHOICE WHETHER YOU WOULD LIKE TO GO THROUGH

BARBER: I THINK THE, THINK THE SHERIFF IS THE COMPLAINANT. SO ONCE AGAIN, I WAS ON EVIDENTIARY OBJECTIONS PAGE, AND THIS IS

YOUNG: BUT I WANT YOU TO UNDERSTAND YOU DON'T HA VE TO GO THROUGH EVERY SINGLE PAGE.

BARBER: OH NO, I'M SURE IF I DON'T, YOU WILL NOT EVEN READ THIS STUFF. YOU'RE GOING TO SHOVE IT IN THE FILE AND THAT'S NOT FAIR TO ANYONE AT THE SHERIFF'S OFFICE. I'M NOT EVEN TALKING ABOUT MYSELF. I'M TALKING ABOUT THE AGENCY. AND WE'RE HERE TO DO THE RIGHT THING.

YOUNG: I AGREE.

BARBER: WHETHER ANYONE ELSE BELIEVES IT OR NOT. SO, PAGE TWO, IS THE EVIDENTIARY OBJECTIONS. AND I THINK I READ THAT, SO, ABOUT HER CLAIMS, MONTOYA'S CLAIMS. SO YOU WANT ME TO TAKE THE TAB OFF OR LEAVE THEM?

YOUNG: NO. YOU CAN LEAVE THEM.

BARBER: AND IT TALKS ABOUT WHAT THE DEFENDANTS ARGUED. BUT I THINK THE TWO TABS FOR THAT PARA GRAPH, BECAUSE INITIALLY I TRIED TO PUT IT NEXT TO ALL THE SENTENCES, BUT IT WAS JUST TOO MANY.

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YOUNG: OKAY.

BARBER: SO I TRIED TO USE LESS STICKIES AS I WENT ON.

YOUNG: OKAY.

BARBER: UH, OKAY THE REST, OKAY. AND INITIALLY I DIDN'T READ ALL THESE LITTLE EXCERPTS DOWN HERE AT THE BOTTOM WHICH COME FROM DIFFERENT PEOPLE'S STATEMENTS, SO I DIDN'T TAB THOSE. UH, BECAUSE IT REALLY DOESN'T ALWAYS SAY WHO THEY CAME FROM. LIKE YOU CAN TELL IT MIGHT BE FROM MONTOYA, BUT YOU CAN'T TELL THE WHOLE CONVERSATION, SO IT'S NOT REALLY FAIR TO BRING IT UP, IF YOU DON'T KNOW WHAT ALL WAS BEING SAID. AND I DON'T HAVE MONTOYA'S DEPO IN HERE, I DON'T BELIEVE. RIGHT? DO YOU REMEMBER SEEING THAT?

YOUNG: I DO NOT HA VE A DEPOSITION FOR MONTOYA.

BARBER: OKAY. I DON'T, I DON'T KNOW DO THEY GET THOSE IN THEIR OWN CASES? I HA VE NO IDEA.

YOUNG: I DON'T KNOW.

BARBER: OKAY. PAGE SEVEN, IT SAYS MONTOYA CONTENDS THAT SHE SUFFERED A HOSTILE WORK ENVIRONMENT AT ECSO STEMMING BACK TO CONDUCT BY HAINES IN TWO THOUSAND EIGHT (2008), WHILE SHE WAS WORKING IN THE TRAINING UNIT UNDER HIS DIRECT SUPERVISION. UHM, AND I'LL PARAPHRASE SOME OF IT. SHE RECALLED THAT, OR LEAVE OUT WORDS, UH SHE RECALLED THAT IN OCTOBER 2008, IN CONNECTION WITH SARAH PALIN'S CAMPAIGN, HAINES MADE SEVERAL DISAPPROVING COMMENTS ABOUT WOMEN TO MONTOYA AND TWO OTHER WOMEN. ACCORDING TO MONTOYA, HE EXPRESSED HIS VIEW THAT WOMEN SHOULD NOT BE IN POSITIONS OF POWER AND THAT ACCORDING TO THE BIBLE, WOMEN WERE MEANT TO BE SUBSERVIENT TO MEN.

YOUNG: AND HOW HAS THAT AFFECTED YOU?

BARBER: HE HAS A BIAS TOWARD WOMEN.

YOUNG: OKAY. BUT SPECIFICALLY YOU, HOW HAS THAT STATEMENT REFLECTED (INAUDIBLE) YOUR TREATMENT?

BARBER: I CAN ONLY, ONLY CON, CONCLUDE THAT THE REASON WHY HE DIDN'T PROMOTE ME WAS BECAUSE I WAS A FEMALE.

YOUNG: OKAY.

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BARBER: BECAUSE I HADN'T HAD ANY DISCIPLINE OR ANYTHING ELSE IN MY FILE. THERE'S NO OTHER REASON HE COULD HA VE USED AGAINST ME.

YOUNG: OKAY.

BARBER: AND THEN, DOWN AT THE BOTTOM I TABBED IT BECAUSE IT TALKS ABOUT UH SHERIFF MORGAN, IT JUST SAYS MORGAN, UHM, AN ASSERTION BY MONTOYA THAT MORGAN WAS THE FINAL DECISION, POLICY MAKER, THAT HE CONDONED, RATIFIED. BUT THIS IS JUST FROM HER THING, SO BUT YOU, YOU SAID TO TAB IT, BECAUSE IT HAS TO DO WITH IT. SO UHM, THERE WAS, AND THIS IS HER ASSERTION THAT THERE WAS A CUSTOM OR POLICY OF TREATING FEMALE EMPLOYEES DIFFERENTLY THAN MALES, BY TAKING NO ACTION WHEN A FEMALE BRINGS A COMPLAINT. AND THEN UNDER THAT, HAINES, THAT ONE'S NOT REALLY, HE, IT SAYS HE DOES NOT DENY THAT HE QUOTED THE BIBLE DURING HIS DISCUSSION WITH SOMEONE, IT DOESN'T SAY WHO, AND TESTIFIED THAT HE DOES BELIEVE THAT WIVES SHOULD SUBMIT TO THEIR HUSBANDS, SAME REASON. PAGE EIGHT, UH HAINES WOULD ROUTINELY AND OPENLY DISCUSS HIS RELIGIOUS VIEWS WITH THEM AT WORK AND HIS BELIEF THAT WOMEN SHOULD BE SUBSERVIENT TO MEN, AND THAT WAS, THE THEM HE WAS TALKING ABOUT WAS SEVERAL LAW ENFORCEMENT OFFICERS. IT DOESN'T SAY WHO IN THIS. BECAUSE THIS IS A SUMMARY, SO IT'S NOT AS DETAILED AS PROBABLY YOU'D FIND IN THEIR DEPOSITIONS.

YOUNG: RIGHT.

BARBER: UHM JERRY COX STATED IN HIS AFFIDAVIT, THAT DURING ONE SUCH CONVERSATION HAINES EXPRESSED HIS BELIEF THAT THE BIBLE PROVIDES THAT WOMEN SHOULD NOT BE IN POSITIONS OF LEADERSHIP OVER MEN AND HE CONFIRMED THAT HE BELIEVED THAT PRINCIPLE APPLIED TO LAW ENFORCEMENT, THE SAME REASON. UHM, PHILIP NIX, A FORMER SERGEANT STATED IN HIS AFFIDAVIT THAT HAINES WOULD COMPARE HIMSELF TO ABRAHAM FROM THE BIBLE, SA YING IT WAS HIS RESPONSIBILITY TO RID ECSO OF WOMEN AND MINORITIES, THE SAME REASON. HE TOLD NIX THAT MEN SHOULD NEVER TAKE DIRECTION FROM WOMEN IN LAW ENFORCEMENT, SAME REASON.

YOUNG: AND YOUR (INAUDIBLE) FROM THESE STATEMENTS

BARBER: SAME REASON, THIS IS SHOWING HIS GENDER-BIAS TOWARD WOMEN AND I AM A WOMAN, AND I WAS NOT PROMOTED.

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YOUNG: OKAY.

BARBER: UH HAINES INSISTED THAT HE WOULD NOT WORK WITH LAURA MONTOYA OR SUPPORT HER SUPERVISION AND TRAINING OF MALE OFFICERS, PAGE EIGHT. PAGE NINE, UHM, FIRST IT'S A PARAGRAPH ABOUT UHM, UHM, I DON'T EVEN WANT TO SAY THIS, BUT HE IS LIKE REVIEWING A, HAINES IS SUPPOSEDLY REVIEWING A PORNOGRAPHIC VIDEO AND OFFERED TO LET MONTOYA WATCH IT OR SOMETHING, INAPPROPRIATENESS TOWARD WOMEN. UHM IN TWO THOUSAND NINE, HE TRANSFERRED MONTOYA FROM PATROL TO COURT SECURITY WHEN SHE, WHAT SHE VIEWED AS AN UNWANTED ASSIGNMENT. UH, HE DENIED HER AN OPPORTUNITY FOR F.B.I. TRAINING SAYING THAT SHE DID NOT SATISFY THE WEIGHT REQUIREMENT. UH, TWO THOUSAND ELEVEN, UH THIS MUST COME FROM HER DEPOSITION, I'M NOT SURE, BUT IT SAYS HE TOLD MONTOYA IN SEXUALLY EXPLICIT TERMS HOW HE DIS, DISAPPROVED OF SEX ACTS BETWEEN MONTOYA'S NIECE, WHO WAS A FORMER CORRECTIONAL OFFICER, AND HER BOYFRIEND WHO WAS BLACK. I, WELL THAT'S JUST AN INAPPROPRIATE CONVERSATION WITH HER AGAIN. UHM, UH APRIL TWENTY FOURTEEN, HAINES, A CONVERSATION BETWEEN HAINES AND MONTOYA, HE TOLD HER YOU DON'T HAVE TO WORRY ABOUT LOSING YOUR JOB OR INCOME, YOUR HUSBAND MAKES PLENTY OF MONEY AND YOU SHOULD JUST STAY AT HOME WHERE YOU BELONG.

YOUNG: WHICH IS

BARBER: GENDER-BIAS. (INAUDIBLE)

YOUNG: AND (INAUDIBLE) RELATES TO YOUR LACK OF PROMOTION.

BARBER: ALL OF THE GENDER-BIAS RELATES TO MY NOT BEING PROMOTED AND THE LACK OF THE POSITION OF WOMEN IN AUTHORITY AROUND THIS AGENCY.

YOUNG: BUT ANY OTHER TREATMENT, OTHER THAN THE NOT GETTING PROMOTED THAT THOSE CONTRIBUTED TO, THOSE STATEMENTS CONTRIBUTED TO.

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YOUNG: AND WERE YOU AWARE OF HER FEELINGS OR ANY OF THAT AT THAT TIMEFRAME?

BARBER: I MEAN, I WASN'T WORK, I NEVER WORKED WITH HER. SO

YOUNG: OKAY.

BARBER: UH, THAT SHELBY AND HAINES WERE BOTH ON THE COMMAND STAFF WITH MONTOYA, THIS IS PAGE TEN, WHEN SHE WAS PROMOTED TO THIS POSITION, EACH TOLD MONTOYA THAT THEY WERE DISAPPOINTED SHE HAD BEEN PROMOTED. UH, I'M TRYING TO READ THE BOTTOM PART. MONTOYA TESTIFIED IF YOU COMPLAIN AS A FEMALE, YOU KNOW THAT THAT'S YOUR SENTENCE TO DEATH IN YOUR CAREER, PERIOD. UHM THAT'S WHEN SHE TALKS ABOUT SHE HAD AFFIDAVITS FROM OTHER FEMALE DEPUTIES; SANDY WEBBER, SHERRY NIX, JACQUELINE GULLEY, WHO SAID THEY HAD BEEN TREATED POORLY BY HAINES, SHELBY AND ALFORD IN CERTAIN SITUATIONS; BEING YELLED AT BY SHELBY, DENIED ACCOMMODATIONS FOR AN ILLNESS BY ALFORD AND BEING TOLD TO SUCK IT UP BY HAINES, NOT GIVEN AN INTERVIEW FOR A HIGHER POSITION BY ALFORD, OR GENERALLY FEELING THAT FEMALES WERE SCRUTINIZED MORE CLOSELY AND NOT VALUED AS EMPLOYEES. THE WOMEN SAID THEY DID NOT COMPLAIN BECAUSE PAST COMPLAINTS OF POOR TREATMENT HAD BEEN IGNORED.

YOUNG: AND HOW COME MONTOYA DIDN'T INCLUDE ANY OTHER FEMALES OTHER THAN THOSE LISTED IN THERE?

BARBER: I, THAT

YOUNG: DID YOU HAVE ANY COMPLAINTS AT THAT TIME FRAME OR

BARBER: YOU WOULD HA VE TO ASK MONTOYA THAT QUESTION.

YOUNG: OKAY. WERE YOU A WARE THAT THIS WAS TAKING PLACE, THE LAWSUIT AND HER AS THE PLAINTIFF?

BARBER: EVERYONE HEARD SHE HAD A LAWSUIT. NOBODY KNEW EXACTLY WHAT HER, (INAUDIBLE) SAY EVERYONE, MANY, MANY PEOPLE AT THE SHERIFF'S OFFICE KNEW SHE FILED A LAWSUIT. NOBODY KNEW WHAT IT WAS ABOUT SPECIFICALLY BECAUSE WE'RE NOT PRIVY TO THAT INFORMATION.

YOUNG: WELL, JACKIE GULLEY AND SANDRA WEBBER WERE CALLED IN AND I GUESS I'M JUST ASKING IF YOU HAD BEEN EXPERIENCING THE

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SAME DISCRIMINATION, WHY DIDN'T SHE REACH OUT TO YOU AS WELL TO

YOUNG: I DIDN'T WORK WITH HER. SHE PROBABLY HAD NO IDEA WHAT WAS GOING ON WITH ME AT THE TIME, SO WHY WOULD SHE CALL ME IN. I WOULD THINK MAYBE SOMEONE SHOULD'VE CALLED ALL THE WOMEN IN FROM THE SHERIFF'S OFFICE AT THAT TIME, BUT THAT WASN'T DONE.

YOUNG: AND YOU DIDN'T EXPRESS TO ANYBODY YOUR TREATMENT OR YOUR DISCRIMINATION SO THAT IT WAS TRANSLATED TO HER WHERE SHE WOULD KNOW.

BARBER: I, I REALLY CAN'T TELL YOU ALL THE MANY CONVERSATIONS I'VE HAD THAT MANY YEARS AGO. I HAD MY OWN ISSUES WITH SHELBY BACK THEN, BUT HE DOESN'T WORK HERE ANYMORE. EVERYONE HAD ISSUES WITH SHELBY.

YOUNG: OKAY.

BARBER: UHM, LET'S SEE, UH PAGE ELEVEN WHERE SHE'S TALKING ABOUT A SUPERVISOR MEETING WHERE SHELBY TALKED, TOLD, IT WAS BETWEEN SHELBY AND MONTOYA, AND MONTOYA SAID THAT SHELBY MENTIONED, MUMBLED SOMETHING LIKE I DON'T WANT A WOMAN RUNNING INVESTIGATIONS.

YOUNG: THAT WAS IN TWENTY FOURTEEN?

BARBER: UH, I DON'T KNOW, IT DOESN'T SAY. IN THIS PART IT DOESN'T SAY. IT JUST SAYS THEIR FIRST SUPERVISOR MEETING.

YOUNG: OKAY. I'M SORRY, I MISUNDERSTOOD YOU I THOUGHT YOU SAID TWENTY FOURTEEN.

BARBER: NO. UHM, JUST SAID THAT SHE, SHE WAS UNSURE OF HIS EXACT WORDS, BUT THAT WAS THE GIST OF IT. IT'S FREEZING IN HERE.

YOUNG: UHM DID YOU EVER WORK WITH, YOU SAID YOU HAD PROBLEMS WITH SHELBY, SO HOW DID YOU HA VE PROBLEMS WITH SHELBY, DID YOU WORK FOR HIM?

BARBER: WELL HE WAS, HE I BELIEVE WAS THE LIEUTENANT OVER HOMICIDE FOR AWHILE AND BEFORE WE EVEN, HE CAME OVER THERE, WE WERE IN THE OLD BUILDING, ALL OF US, THEY HAD A MEETING WITH ALL OF THE SECRETARIES, BECAUSE ALL OF THE FEMALE SECRETARIES UHM DID NOT WANT HIM OVER THERE AND THEY HAD A MEETING WITH THEM AND TOLD THEM THAT HE HAD CHANGED.

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BUT THEY ALL AGREED TO GIVE HIM THE BENEFIT OF THE DOUBT AND SEE IF HE HAD CHANGED OR NOT. AND THAT'S WHAT WE WERE HEARING. THAT'S WHAT WE WERE TOLD ACTUALLY BY THE CAPTAIN PRICE OR WHOEVER WORKED OVER THERE AT THE TIME.

YOUNG: SO DID YOU EVER WORK IN INVESTIGATIONS AT THE SAME TIME MONTOYA AND SHELBY DID?

BARBER: NO.

YOUNG: OKAY. BUT EVERYBODY HAD PROBLEMS WITH SHELBY AND EVERYBODY KNEW IT, AND MONTOYA WAS SUING THE SHERIFF'S OFFICE FOR HIS

BARBER: I DON'T, I DIDN'T KNOW WHAT SHE WAS SUING FOR. SHE, SHE I THINK WAS FIRED, EVERYONE JUST HEARS RUMORS WHEN THAT STUFF GOES ON. NO ONE TELLS US THE REAL TRUTH. THE AGENCY DOESN'T TELL US WHAT HAPPENED. MONTOYA IS NOT GONNA COME MEET WITH ALL OF US AND TELL US

YOUNG: DO YOU, DO YOU KNOW WHETHER SHE WORKED WITH SANDY WEBBER AT THE TIME?

BARBER: I DON'T KNOW, I NEVER WORKED WITH MONTOYA.

YOUNG: I'M JUST TRYING TO UNDERSTAND HOW THE OTHER FEMALES WERE IDENTIFIED OR CONTACTED.

BARBER: THAT'S (INAUDIBLE), YOU'LL HAVE TO ASK MONTOYA.

YOUNG: OKAY.

BARBER: UHM, WHERE WAS (INAUDIBLE) NO, PAGE ELEVEN, UHM I MEAN THAT'S MAINLY ABOUT SHELBY. IT'S JUST, JUST MORE EVIDENCE OF THE DISCRIMINATION THAT CONTINUED TO GO ON BASICALLY. UHM WHERE MONTOYA HAD ONGOING DIFFICULTIES WITH SHELBY, BASICALLY IS THAT PARAGRAPH. UHM AND SHELBY ALLOWED SUBORDINATES TO BYPASS MONTOYA AND THE CHAIN OF COMMAND. IT SAYS SHELBY SUBJECTED MONTOYA TO YELLING, CURSING, DEGRADING AND DEMEANING COMMENTS ON A DAILY BASIS. THAT WAS PRETTY COMMONPLACE FOR SHELBY. UHM

YOUNG: BUT YOU WEREN'T

BARBER: I WASN'T AROUND THEM

YOUNG: A VICTIM TO ANY OF THAT

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BARBER: OH YEAH, SHELBY, YES, SHELBY WOULD YELL AND CUSS AT ME. HE WOULD YELL AND, HE WOULD TALK DOWN ABOUT ME AND ANY, ANYONE ELSE IN FRONT OF OTHER PEOPLE IN MEETINGS WITH EITHER THE SHERIFF OR THE CHIEF, OR I DON'T REMEMBER WHO WAS IN THOSE MEETINGS. HE WOULD TELL US WE WERE STUPID AND DIDN'T KNOW WHAT WE WERE DOING, AND TELL THEM THAT. (INAUDIBLE)

YOUNG: DID YOU EVER FILE A COMPLAINT OR BRING TO LIGHT ANY OF THIS BEHAVIOR?

BARBER: NO, BECAUSE I DID NOT WANT TO BE FIRED LIKE EVERYONE ELSE THAT WAS BRINGING COMPLAINTS FORWARD BACK THEN.

YOUNG: OKAY.

BARBER: I STILL HAD TO WORK WITH THAT MAN, SO I DIDN'T WANT TO LOSE MY JOB, I LIKED MY JOB. UHM AND DOWN ON THE BOTTOM IN THE REFERENCES, IT SAYS ACCORDING TO MONTOYA, HAINES TOLD HER IT'S SAD THAT I'VE GONE OVER THE LIST AND YOU'RE THE LAST RESORT, IN REFERENCING THE FIRST LIEUTENANT POSITION.

YOUNG: SO DO, SO LAURA MONTOYA GOT FIRED AND YOU'RE SA YING

BARBER: I DON'T

YOUNG: SHE WAS FIRED BECAUSE OF

BARBER: I DON'T KNOW WAS SHE FIRED, QUIT, I THINK SHE WAS FIRED. I THINK BASED ON WHAT I READ SHE WAS FIRED. BUT I

YOUNG: WELL YOU REFERENCE THAT YOU DIDN'T FILE A COMPLAINT AGAINST RICKY SHELBY, BECAUSE LAURA MONTOYA AND EVERYONE ELSE WAS GETTING, GOT FIRED AND YOU DIDN'T WANT TO BE LIKE THEM.

BARBER: WELL THINGS

YOUNG: SO

BARBER: NOT NECESSARILY EVERYONE GOT FIRED. I HAVE FILED A COMPLAINT, BUT I ALREADY TOLD YOU THAT BEFORE. I FILED A COMPLAINT BEFORE A LONG TIME AGO, NOT UNDER THIS ADMINISTRATION AND I SAW WHAT HAPPENED. THEY PUT THE MAN ON ADMIN LEA VE OR SOMETHING, SUSPENDED HIM FOR A WEEK AND LET HIM WORK SIDE JOBS. SO THROUGHOUT THE YEARS, I HAD A FILED A COMPLAINT, YES, I DID FILE A COMPLAINT BACK THEN, UHM

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WHEN I WAS IN INVESTIGATIONS. THEY DID ABSOLUTELY NOTHING. OKAY? AND SO AND THAT WAS ABOUT THE TIME RICKY CAME, RIGHT BEFORE RICKY CAME TO THE UNIT. SO YES, I DID, THROUGH CAPTAIN PRICE AND HE DID NOTHING.

YOUNG: SO THAT WAS

BARBER: (INAUDIBLE)

YOUNG: UNDER MULTIPLE SHERIFF'S AGO THOUGH. (INAUDIBLE)

BARBER: THAT WAS UNDER,MCNESBY ANDTHEN

YOUNG: JOHNSON, OR LOWMAN?

BARBER: NO. THAT WAS UNDER MCNESBY. WELL THE FIRST THING WAS UNDER LOWMAN. THIS SECOND WAS UNDER MCNESBY AND THEN MORGAN. I HAD A LOT OF ISSUES OVER THERE AND NOBODY WOULD, NOBODY CARED. I THINK IT WAS BECAUSE THEY HAD THEIR OWN LITTLE THINGS GOING ON.

YOUNG: OKAY. LET ME BACK UP FOR A SECOND BECAUSE I RECALL YOU DISCUSSING THE COMPLAINT AGAINST UH BRADLEY UH

BARBER: YEAH, I CAN'T REMEMBER HIS NAME, BUT YES, THAT WAS UNDER LOWMAN. THE OTHER STUFF WAS UNDER MCNESBY AND PROBABLY MORGAN, I DON'T, I DON'T REMEMBER AT WHAT POINT MORGAN TOOK OVER WHEN I WAS IN INVESTIGATIONS.

YOUNG: WHAT OTHER STUFF?

BARBER: THAT I WAS COMPLAINING ABOUT GOING ON IN INVESTIGATIONS.

YOUNG: OKAY. THAT HASN'T BEEN BROUGHT UP, SO I DON'T KNOW

BARBER: BECAUSE THIS MAKES ME THINK OF THAT TERRIBLE TIME, OKAY?

YOUNG: AND DO YOU WANT TO ELABORATE ON WHAT WAS GOING ON, WHAT THOSE ISSUES WERE?

BARBER: I WOULD LIKE TO GET THROUGH THIS STUFF RIGHT HERE, BECAUSE THIS IS GOING TO TAKE HOURS.

YOUNG: OKAY. AND I FEEL CONFIDENT IF YOU GO THROUGH THE SUMMARY JUDGMENT AND IDENTIFY THE ITEMS IN THERE THAT YOU FEEL ARE PERTINENT, THAT THE DEPOSITIONS REFLECT WHAT WAS INCLUDED IN THE SUMMARY JUDGMENT. NOW WE ARE MORE THAN, I'M MORE

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THAN HAPPY TO SIT HERE AND GO THROUGH ALL OF THEM IF YOU WOULD LIKE, TO POINT OUT, BUT WE, IF YOU AGREE THAT THE SUMMARY JUDGMENT WAS BASED UPON WHAT WAS TAKEN OUT OF THE DEPOSITIONS AND AFFIDAVITS, I FEEL LIKE THAT WOULD SUFFICE WHAT WE'RE LOOKING FOR.

BARBER: THAT'S MY UNDERSTANDING THAT THAT'S HOW THE JUDGE BASED HER CONCLUSION, WAS ALL OF THE DEPOSITIONS, WHICH SHE ACTUALLY HAD ACCESS TO MORE OF THEM THAN WE DO.

YOUNG: I JUST WANT TO MAKE SURE I DON'T MISS ANYTHING THAT YOU WANT INCLUDED. SO IF YOU FEEL COMFORTABLE THAT THAT INCLUDES THE PERTINENT INFORMATION, THAT'S CONTAINED IN ALL THESE OTHER DOCUMENTS

BARBER: I WOULD THINK SO, THE JUDGE MADE HER SUMMARY JUDGMENT BASED ON ALL OF THE OTHER DOCUMENTS.

YOUNG: BUT UNDERSTAND, YOU DON'T HAVE TO GO THROUGH ALL THESE. THIS IS NOT WHAT THIS IS ABOUT. OKAY. SO IT'S COMPLETELY YOUR DECISION.

BARBER: WELL THIS ALL, SHOULD BE FILED AS PART OF THE RECORD IN THE FIRST PLACE AND THE SUMMARY JUDGMENT WOULD BE.

YOUNG: AND IT WILL BE. BUT LIKE I SAID, I JUST WANT TO MAKE SURE THAT WE PUT IT ON RECORD THE SPECIFICS THAT ARE PERTINENT TO THE DISCRIMINATION THAT YOU HAVE ENDURED.

BARBER: AND OTHERS.

YOUNG: I WOULD ENCOURAGE YOU IF THERE ARE OTHERS THAT YOU BRING ITTO LIGHT.

BARBER: I MENTIONED IT. YOU DON'T EVEN WANT TO TRY TO GET THE STATS FOR THAT WHEN I MENTIONED THAT BEFORE. I'M NOT GOING TO PULL STATS FOR ALL OF THIS STUFF, THAT IS NOT MY JOB.

YOUNG: WHAT DO YOU MEAN, STATS FOR (INAUDIBLE)?

BARBER: FOR ALL THE THINGS I MENTIONED BEFORE, IT'S, PART OF IT'S IN MY LETTER. I DON'T RECALL, I'M, GOT MY MIND ON THIS STUFF RIGHT NOW.

YOUNG: WELL NO, IF THERE'S ALLEGATIONS OF OTHER DISCRIMINATION, AND THERE ARE VICTIMS OF IT

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BARBER: IT, IT'S IN MY COM, MY LETTER TO THE SHERIFF THAT HE ORDERED ME TO, TO WRITE AND WHAT I TOLD YOU BEFORE. BUT I COULDN'T REMEMBER ALL THE NAMES AND ALL THE DATES AND ALL THE SPECIFICS YOU WANTED BECAUSE I HAD NONE OF MY NOTES THERE. AND THERE'S PROBABLY MORE THAT I COULDN'T REMEMBER.

YOUNG: WELL, I AM MORE THAN HAPPY TO SCHEDULE TIME FOR YOU TO COME BACK IN AND TO BRING YOUR NOTES AND YOUR DOCUMENTS AND THAT WAY IF YOU ANY OTHER NAMES OF VICTIMS OR PEOPLE THAT HAVE BEEN DISCRIMINATED AGAINST THAT I CAN TALK TO THEM AS WELL.

BARBER: I GA VE YOU NAMES BEFORE AND (INAUDIBLE)

YOUNG: ALL THOSE NAMES, ALL THOSE NAMES YOU GA VE ME WHEN WE FIRST TALKED, I HA VE TALKED TO.

BARBER: YOU TALKED TO LAURA MONTOYA? BECAUSE I KNOW I GAVE YOU HER NAME.

YOUNG: I HA VE NOT SPOKEN WITH LAURA MONTOYA YET.

BARBER: OKAY. AND THESE OTHER NAMES THAT ARE IN HERE. OKAY, PAGE TWELVE.

YOUNG: ANY CURRENT EMPLOYEES?

BARBER: IT'S, IT'S NOT ALL SPECIFICALLY ABOUT AN EMPLOYEE'S NAME EITHER. YOU'RE GONNA HA VE TO LOOK BACK AT MY LETTER. I DON'T REMEMBER. BUT THERE'S, THERE'S STATS ABOUT HOW WOMEN AREN'T IN, INCLUDED IN CERTAIN UNITS OR CERTAIN UHM POSITIONS, SOME OF THE PROMOTIONS AND THINGS LIKE THAT. THERE'S LOTS OF INFORMATION IN THERE. WE WENT THROUGH THAT BEFORE. AND I DON'T WANT TO WILLINGLY COME IN HERE AND GIVE YOU MORE, ANYMORE INFORMATION AND JEOPARDIZE ANYTHING ELSE BECAUSE I HA VE A CURRENT COURT CASE PENDING WITHOUT MY ATTORNEY. I'M GOING OVER THIS STUFF WITH YOU. I'M NOT GOING TO SUBJECT MYSELF TO WHAT HAPPENED LAST TIME, WILLINGLY SUBJECT MYSELF TO THAT AGAIN.

YOUNG: OKAY.

BARBER: I DON'T REALLY FEEL LIKE I'M A WITNESS IN THIS CASE. I FEEL LIKE I'M THE SUBJECT AND I KNOW YOU INSISTED THAT I COULDN'T BE IN TROUBLE FOR ANYTHING THAT I PROVIDED, BUT THAT'S NOT THE

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WAY YOU MAKE ME FEEL WHEN I COME IN HERE. AND THAT'S NOT THE WAY I FELT LAST TIME. I FEEL LIKE I'M A SUBJECT OFFICER.

YOUNG: WELL I DON'T KNOW HOW YOU GET THAT FEELING.

BARBER: WELL I DON'T KNOW, BECAUSE I WAS YELLED AT LAST TIME. MAYBE THAT WAS PART OF IT.

YOUNG: I DON'T BELIEVE YOU WERE YELLED AT

BARBER: AND, YES, YES I WAS. AND I WASN'T ALLOWED TO SPEAK TO MY ATTORNEY WHENEVER I WANTED TO, ONLY DURING THE BREAKS. BUT AT LEAST YOU DID LET ME EAT LUNCH, UNLIKE THE FIRST TIME I HAD TO COME UP HERE. UHM SO PAGE TWELVE, IT'S KIND OF IN THE MIDDLE OF A SENTENCE, UHM, OH WE WERE TALKING ABOUT, WHILE ACTING AS HER SUPERVISOR, SHELBY ALLOWED SUBORDINATES TO BYPASS MONTOYA IN THE CHAIN OF COMMAND. WELL I KNOW I FROM READING THROUGH THE DEPOSITIONS, THAT CHIEF HAINES ALSO ALLOWED SUBORDINATES TO JUST COME TO HIM AND A VOID THE CHAIN OF COMMAND. I UNDERSTAND THE CHIEF HAS AN OPEN, I MEAN, THE SHERIFF HAS AN OPEN DOOR POLICY, BUT I DON'T THINK IT'S REALLY FOR THAT KIND OF THING. I THINK IT'S JUST TO DISCUSS ISSUES. I DON'T KNOW. BUT, THE CHIEF, IT'S NEVER BEEN SAID THE CHIEF HAS AN OPEN DOOR POLICY, TO COME TO HIM WITH ANY PROBLEMS THAT YOU HAVE, NOT THAT I'VE HEARD OF. IF HE DID, I DON'T RECALL IT. UHM

YOUNG: HAVE YOU EVER TRIED TO GO TALK TO THE CHIEF AND BEEN DENIED THAT ABILITY?

BARBER: NO. I TRY TO AVOID THE CHIEF BECAUSE OF, AND WHAT I TOLD YOU BEFORE. I DON'T WANT TO BE AROUND HIM.

YOUNG: OKAY.

BARBER: UHM, ANYWAYS, MONTOYA, SUBJECTED MONTOYA TO YELLING, CURSING, BERATING, DEMEANING COMMENTS ON A DAILY BASIS, SA YING THINGS LIKE, WHY CAN'T YOU BLANK DO THIS OR WHY CAN'T YOU GET YOUR SHIT TOGETHER.

YOUNG: AND THOSE ARE FROM RICKY SHELBY, CORRECT?

BARBER: THAT'S RICKY SHELBY TO HER. UHM, SHE SAID SHE ONCE COMPLAINED TO SHERIFF MORGAN THAT SHELBY MADE SEXIST COMMENTS, CALLING, BELITTLING, I CAN'T SAY THAT WORD, BELITTLING NAMES SUCH AS THE CUSS WORDS. ANYWAYS, AND UH,

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BUT DID NOT SAY HOW OFTEN THIS OCCURRED. SHE CONSIDERED SHELBY'S WORDS DEMEANING AND SHE OCCASIONALLY FELT PHYSICALLY THREATENED SAYING HE WOULD GET SO ANGRY HE WOULD YELL AND RISE UP OUT OF HIS CHAIR, CAUSING HER TO FEAR THAT HE WAS GOING TO COME AROUND THE TABLE AND COME AT ME. SHE COULDN'T RECALL WHETHER SHELBY TREATED MALE OFFICERS THE SAME, UHM BUT, DEFENDANTS, I DON'T KNOW WHO THEY'RE TALKING ABOUT THERE, CITE THE (INAUDIBLE) THERE MUST BE MORE THAN ONE PERSON.

YOUNG: AND HOW DOES THAT RELATE TO THE CHIEF OR HIS TREATMENT

BARBER: IT'S NOT, I TOLD YOU IT WASN'T ALL ABOUT THE CHIEF. IT'S ALL ABOUT THE ATMOSPHERE AND THE THINGS THAT HAVE BEEN GOING ON FOR YEARS, SHELBY WAS PART OF THAT. I NEVER, I TOLD YOU IT WASN'T, I TOLD YOU BEFORE IT WASN'T SPECIFICALLY JUST ABOUT THE CHIEF. IT'S ABOUT THE AGENCY; THE CHIEF AND THE AGENCY. THERE'S MANY MORE THINGS HERE THAN JUST THE CHIEF. UHM IT SAYS BUT DEFENDANTS CITE THE OPINIONS OF SEVERAL MALES WHO STATED SHELBY WAS A ASSHOLE, I GUESS IT MEANS, WHO BERATED EVERYONE. AND I DON'T KNOW WHO THEY MEAN BY DEFENDANTS IN THIS. I DON'T KNOW IF IT'S MONTOYA AND SOMEBODY ELSE, BECAUSE THERE IS A "S" THERE, SO IT, IT'S POSSIBLE THAT THERE IS OTHER DEFENDANTS OR MAYBE THIS IS BEING WORKED WITH ANOTHER COURT CASE. I REALLY DON'T KNOW. UHM, OH, JANUARY TWENTY FOURTEEN, MONTOYA COMPLAINED TO COMMANDER YUHASZ UH THAT RICKY IS JUST BEING RICKY. OH, WELL I MEAN YUHASZ SAID THAT'S JUST RICKY BEING RICKY. UH, IT SAYS IN TWENTY FOURTEEN, MONTOYA COMPLAINED TO SHERIFF MORGAN ABOUT SHELBY'S CONTINUED DEMEANING TREATMENT OF HER SAYING SHELBY HAD CREATED A HOSTILE WORK ENVIRONMENT AND SHE FELT LIKE A BATTERED SPOUSE. UHM AND THEN DOWN IN THE REFERENCES, IT TALKS ABOUT HOW MONTOYA WAS PRESENT IN A COMMAND STAFF MEETING IN 2013, WHEN MORGAN, HAINES AND SHELBY MADE REMARKS IN HER PRESENCE ABOUT HOW ATTRACTIVE PROSTITUTES ARE IN HAWAII, SAYING THEY LOOK LIKE COEDS. UHM AND THEN HAINES STATED HE WAS GOING TO HAWAII IN A COUPLE OF MONTHS, BUT IT WAS TOO BAD HE HAD TO TAKE HIS WIFE. SO THAT'S JUST REALLY INAPPROPRIATE COMMENTS IN FRONT OF WOMEN AND OTHERS REALLY. UHM, PAGE THIRTEEN

YOUNG: BUT THOSE COMMENTS WEREN'T MADE IN FRONT OF YOU.

BARBER: NO. THOSE WERE COMMENTS MADE

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YOUNG: AND YOU DIDN'T KNOW ABOUT THEM

BARBER: BY THE

YOUNG: UNTIL THIS.

BARBER: NO. THAT'S STILL EVIDENCE. UHM, UH MONTOYA, I GUESS IN THIS MEETING WITH THE SHERIFF MORGAN, UHM MORGAN TOLD MONTOYA YOU'RE DOING A GREAT JOB AND ENCOURAGED HER TO STAY THE COURSE AND THAT HE WOULD TAKE CARE OF THE SITUATION, REFERRING TO SHELBY, BUT MONTOYA SAID NO ACTION WAS TAKEN. INSTEAD, ON THE SAME DAY, SHELBY SUBJECTED HER TO A RANDOM DRUG TEST. UHM AND THEN, BUT SHERIFF MORGAN DISPUTED THAT, I THINK HE KEPT SA YING IN HIS DEPOSITION THAT HE DIDN'T REMEMBER OR SOMETHING. IT SAYS INSTEAD, HE SAID MONTOYA ADVISED HIM THAT SHE AND SHELBY WERE NOT GETTING ON THE SAME PAGE AND MORGAN UNDERSTOOD EVEN WHITE MALE EMPLOYEES DID NOT LIKE, WHITE MALE EMPLOYEES. I DON'T KNOW WHY IT SAYS THAT.

YOUNG: AND, AND I'M NOT HEARING IN ANY OF THESE, THOUGH CORRECT ME IF I'M WRONG, THAT CHIEF HAINES IS INVOLVED IN THIS PART. IT'S SPECIFIC TO THE SHERIFF (INAUDIBLE)?

BARBER: THE SHERIFF AND THE AGENCY.

YOUNG: OKAY. BUT THE AGENCY ENCOMPASSES A LOT OF PEOPLE.

BARBER: SOME OF THAT HAD TO DO WITH IT. RIGHT.

YOUNG: IN THOSE DOCUMENTS THOUGH IT'S DISCUSSING THAT THE SHERIFF IS THE ONE (INAUDIBLE)

BARBER: I HAVE MENTIONED HAINES.

YOUNG: RIGHT.

BARBER: I MENTIONED HAINES THE PAGE BEFORE, HE WAS ONE OF THOSE THAT WAS TALKING ABOUT THAT IN THAT MEETING, IN FRONT OF MON, MONTOYA. AND YOU JUST SAID, YOU SAID GENDER DISCRIMINATION, GENDER-BIAS, WHATEVER, THAT'S RIDDLED THROUGHOUT AND NOT JUST THE CHIEF. IT'S OTHER PEOPLE.

YOUNG: OKAY. AND LET ME CLARIFY, I SAID WHAT YOU FELT PERTAINED TO ANY SORT OF GENDER DISCRIMINATION.

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BARBER: RIGHT. THAT'S RIDDLED THROUGHOUT FROM MANY PEOPLE, NOT, NOT JUST HAINES. THERE WAS OTHER PEOPLE IN CHARGE BACK THEN. UHM

YOUNG: BUT SHELBY IS NOT HERE ANYMORE, LAURA MONTOYA IS NOT HERE ANYMORE, JACKIE GULLEY IS NOT HERE ANYMORE, SHERRY NIX IS NOT

BARBER: WHAT DOES THAT HA VE TO DO WITH THAT, WHETHER IT HAPPENED OR NOT.

YOUNG: OKAY. BUT I'M JUST SA YING, YOU'RE REFERENCING THESE THINGS FROM THAT TIME BUT THOSE PEOPLE ARE NOT STILL HERE, CORRECT?

BARBER: RIGHT.

YOUNG: OKAY. AND SO THERE HAS BEEN CONTINUED TREATMENT AND THESE THINGS HAPPENING, EVEN THOUGH THESE PEOPLE AREN'T STILL HERE?

BARBER: YOU DON'T REMEMBER ANYTHING ABOUT OUR FIRST CONVERSATION AND YOU DON'T REMEMBER ANYTHING ABOUT MY LETTER?

YOUNG: I REMEMBER DISTINCTLY, I HA VE A TRANSCRIBED COPY OF IT.

BARBER: OKAY.

YOUNG: I'M VERY MUCH A WARE OF WHAT WAS DISCUSSED.

BARBER: OKAY.

YOUNG: OKAY. SO THE POINT IS, YOU'RE REFERRING TO RICKY SHELBY IN THESE, YOUR COMPLAINT IS AGAINST CHIEF ERIC HAINES AND

BARBER: NO.

YOUNG: I'M TRYING TO DETERMINE

BARBER: MY COMPLAINT WAS NOT TOTALLY AGAINST CHIEF ERIC HAINES.

YOUNG: I'M TRYING TO DETERMINE HOW, IF ANY KNOWLEDGE HE HAD ON THESE ISSUES WITH RICKY SHELBY. THAT'S NOT LISTED IN THERE; IS THAT CORRECT?

BARBER: I DON'T KNOW WHAT YOU MEAN.

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YOUNG: NOTHING LISTS IN THERE THAT SAYS CHIEF HAINES WAS A WARE OF ANY OF THE ISSUES LAURA MONTOYA WAS ALLEGING ON THOSE SPECIFIC PAGES AGAINST RICKY SHELBY, CORRECT?

BARBER: THAT'S NOT TRUE.

YOUNG: ABOUT HOW SHE TALKED TO HIM, WHAT SHE SAID, (INAUDIBLE)

BARBER: IN HIS DEPOSITION HE TALKS ABOUT MEETING WITH MONTOYA AND, AND RICKY SHELBY. I'M NOT DONE HERE.

YOUNG: I KNOW. I'M TALKING ABOUT THOSE SPECIFIC PAGES THAT YOU'RE ON.

BARBER: WELL AND IT TALKED ABOUT HAINES WAS ALSO TALKING ABOUT THE PROSTITUTES IN HAWAII IN, IN THE STAFF MEETING.

YOUNG: I'M REFERRING TO WHERE RICKY SHELBY IS MAKING THE COMMENTS AND SO FORTH TOWARDS HER.

BARBER: SHE DID BRING THAT UP TO HAINES.

YOUNG: BUT IT'S NOT LISTED IN THOSE DOCUMENTS RIGHT THERE.

BARBER: I, I DON'T, I'M NOT DONE WITH THIS. THIS IS, THIS IS, THIS IS THE JUDGE'S LEGAL OPINION

YOUNG: RIGHT.

BARBER: IN THE, THE WAY SHE (INAUDIBLE)

YOUNG: THE PAGE THAT YOU'RE ON, THE PAGE THAT YOU ARE ON.

BARBER: THAT PAGE, MAYBE NOT THAT SPECIFIC PAGE

YOUNG: OKAY.

BARBER: BUT YOU HA VE, YOU HA VE TO TAKE THE WHOLE THING IN CONTEXT. YOU CAN'T TAKE ONE SENTENCE

YOUNG: I'M JUST REFERRING TO THAT SPECIFIC PAGE, WHERE SHE'S REFERENCING

BARBER: ON THIS PAGE

YOUNG: RICKY SHELBY

BARBER: SHELBY

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YOUNG: CHIEF HAINES IS NOT A PART OF THAT SECTION.

BARBER: NO, MOR, MORGAN IS PART OF THAT SECTION.

YOUNG: (INAUDIBLE) SHERIFF MORGAN. OKAY.

BARBER: AND RICKY SHELBY. I DON'T SEE HAINES ON, NAME LISTED ON PAGE THIRTEEN.

YOUNG: OKAY. THAT'S WHAT I WAS TRYING TO CLARIFY.

BARBER: OKAY. IT JUST DIDN'T MAKE SENSE THE WAY YOU'RE ASKING I GUESS. PAGE FOURTEEN. I'M JUST TRYING TO GO BACK AND READ BECAUSE UH, IT'S SOME KIND OF NOTICE. UH, WHERE, IT JUST TALKS ABOUT THE FIRST NOTICE OF DEFICIENT, DEFICIENCY NOTICE SHE'D EVER RECEIVED IN HER CAREER. THAT HAD TO DO WITH, WITH UHM, UH SHELBY GIVING HER THAT AFTER ALL THAT. UHM (INAUDIBLE) ANY OF THAT. THEN PAGE FIFTEEN, IT SAYS BY AFFIDAVIT, PHILIP NIX, A FORMER ECSO LAW ENFORCEMENT OFFICER, SAID HAINES HAD TOLD HIM THAT THE INVESTIGATION OF THE INCIDENT HAD BEEN A TEST FOR MONTOYA TO SEE IF SHE COULD COMPLETE A FULL BLOWN INVESTIGATION. THOUGH, ACCORDING TO NIX, HAINES KNEW MONTOYA DID NOT KNOW THE CORRECT PROCEDURE FOR SUCH AN INVESTIGATION. NIX FELT THAT HAINES WAS SETTING MONTOYA UP FOR FAIL URE AND SAID HE UH TOLD SHERIFF MORGAN THAT THIS WAS UNFAIR. MORGAN WAS CONCERNED THAT MONTOYA, WHO WAS COLONEL IN CHARGE OF, HAD DIFFICULTY, UH HAD NOTHING TO DO WITH THAT. OKAY, LET'S SEE, AND THEN THE SAME MONTH, SHE COMPLAINED ABOUT, MONTOYA COMPLAINED ABOUT SHELBY'S CONDUCT REPORTING IT TO MORGAN AND HAINES, AS SHELBY HAD CREATED A HOSTILE WORK ENVIRONMENT AND FELT THAT SHE WAS A BATTERED SPOUSE. UHM SHE COMPLAINED, AS A RESULT THAT HER SUBORDINATES WERE BYPASSING HER IN THE CHAIN OF COMMAND. MORGAN'S ONLY RESPONSE WAS THAT THE VICTIM'S CLOAK IS NOT A VERY ATTRACTIVE CLOAK. AROUND THAT TIME IS WHEN HAINES CONDUCTED A POLL OF MONTOYA'S SUBORDINATES TO RA TE HER JOB PERFORMANCE. AND THEN HAINES GAVE THOSE RESULTS TO THE SHERIFF. THAT WAS ON PAGE SIXTEEN. UHM, UH DURING, IT SAYS AT THE BOTTOM, DURING HIS DEPOSITION, HAINES ADMITTED THAT THIS POLL WOULD HAVE, COULD HAVE A NEGATIVE IMPACT ON A COLONEL'S ABILITY TO OPERA TE WITHIN THE CHAIN OF COMMAND BUT HE JUSTIFIED HIS ACTIONS ON THE GROUNDS THAT MONTOYA'S SUBORDINATES ALREADY HAD THE OPINIONS OF HER. AND HE TESTIFIED HE WANTED TO DOCUMENT WHAT THOSE, THESE PEOPLE THOUGHT OF HER AND GIVE IT TO THE SHERIFF. SEVENTEEN, UH, THEY'RE

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TALKING ABOUT A LETTER THAT MONTOYA RECEIVED, ABOUT AN INVOLUNTARY DEMOTION OPTION AND SAYS THAT IT IS IN DISPUTE, UNDISPUTED THAT THE LETTER WAS BASED ON INPUT FROM HAINES AND PRIMARILY FROM HER SUPERVISOR SHELBY, HOWEVER, THERE'S NO EVIDENCE THAT SHELBY OR HAINES ACTUALLY RECOMMENDED DEMOTION. UHM

YOUNG: SO WAS THAT

BARBER: AND THAT MENTIONED HAINES AND I GUESS, IT HAS TO DO WITH HIM INTERFERING IN HER, I DON'T KNOW, DISCIPLINE OR SOMETHING. I THINK THAT'S PART OF THE LAWSUIT. UH, SHE, SO SHE'S, SHE DECIDED TO VOLUNTARILY DEMOTE TO HONOR HER CONTRACT, BUT WAS NOTED BY EMAIL TO SHERIFF MORGAN, THAT SHE ACTUALLY HAD NO CHOICE, SO SHE CONSIDERED IT INVOLUNTARY. SHE FELT THAT THE INCIDENTS RECOUNTED AS DEFICIENCIES WERE BASED ON HALF-TRUTHS, WHICH SHE'S REFERRING TO, (INAUDIBLE) I'M NOT GONNA EVEN SAY, BECAUSE THAT WOULD BE MY OPINION. UHM, UH AND THEN THERE'S THE, THEY TALK ABOUT, PAGE EIGHTEEN, THAT THERE'S AN AFFIDAVIT FROM JACKIE GULLEY WHICH I DON'T THINK I HAVE. I DON'T KNOW IF YOU HAVE THAT ONE OR NOT. WHERE SHE, ALFORD SUPPOSEDLY TOLD HER AND OTHER PEOPLE AT THE COURTHOUSE THAT MONTOYA'S IS NOT BE PART OF THE CHAIN OF COMMAND. AND MONTOYA COMPLAINED THAT ALFORD, FRED ALFORD INSTIGATED AN I.A. INVESTIGATION INTO WHETHER SHE WAS TREATED FEMALES MORE FAVORABLY WITH REGARD TO OVERTIME SCHEDULING. BUT THE INVESTIGATION RESULTED IN A FINDING THAT THE CHARGE WAS UNSUBSTANTIATED. AND THEN MONTOYA RECEIVED A VERBAL COUNSELING FROM THARP FOR USING PROFANITY, AND SHE TALKS ABOUT JOE WEBBER USED PROFANITY ON A DAILY BASIS, AND I BELIEVE IN HAINES' DEPOSITION HE TALKS ABOUT HOW UHM WHAT, RODNEY EDDINS DID ON A DAILY BASIS ALSO, AND HE WAS NEVER DISCIPLINED.

YOUNG: OKAY. AND THIS IS FRED ALFORD, NOT CHIEF HAINES, CORRECT?

BARBER: THAT'SAND

YOUNG: AND THARP.

BARBER: AND COMMANDER THARP, RIGHT. UHM, AND BUT, IT SAYS IN THE NOTATIONS, HER VERBAL COUNSELING WAS DOCUMENTED AND SIGNED BY COMMANDER DALE THARP. ACCORDING TO MONTOYA, HE NODDED HIS HEAD WHEN SHE ASKED HIM WHETHER HAINES HAD DIRECTED HIM TO DO THIS. AND THEN I GUESS DOWN AT THE

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BOTTOM IT TALKS ABOUT HOW WEBBER WAS ACTUALLY DEMOTED FOR THE USE OF PROFANITY AMONG OTHER THINGS, BUT, I, I DON'T RECALL WHAT HIS DEMOTION WAS FOR. UHM, THAT WAS PAGE EIGHTEEN. UHM THERE IS, NINETEEN TALKS ABOUT HOW THERE IS AN EEOC COMPLAINT FROM ANITA HEMPHILL, A DISCRIMINATION COMPLAINT. I DON'T KNOW ANYTHING ABOUT THAT. UH IT SAYS SHE FILED A DISCRIMINATION LAWSUIT AGAINST SHERIFF MORGAN AND THE BOCC.

YOUNG: OKAY.

BARBER: UH, AND THEN IT SAYS MONTOYA, DURING HER DEPOSITION, MONTOYA'S DEPOSITION FOR THE HEMPHILL CASE, SHE TESTIFIED ABOUT THE CIRCUMSTANCES, MONTOYA DID, SURROUNDING HER RECEIPT OF THE POSITION STATEMENT AND HER TESTIMONY ALSO INCLUDED THE HARASSMENT AND DISCRIMINATION THAT SHE CLAIMS SHE EXPERIENCED AT ECSO, SUCH AS HAINES'S COMMENTS ABOUT SARAH PALIN THAT WOMEN SHOULD BE SUBSERVIENT TO ME. MONTOYA'S IMPRESSION THAT SHE AND OTHER WOMEN HAVE BEEN TREATED POORLY BECAUSE ON PAGE TWENTY, THEY WERE WOMEN THAT HAD BEE AFRAID TO COMPLAIN , AND HER ACCOUNT OF HER DIFFICULTIES WITH SHELBY THAT SHE HAD COMPLAINED TO SHERIFF MORGAN, BUT NOTHING WAS DONE AND THE CIRCUMSTANCES OF HER DEMOTION.

YOUNG: OKAY. SO, LET ME KIND OF HONE IN A LITTLE BIT ON THIS, ALL OF THIS STILL IS JUST THINGS FOR OTHER PEOPLE AND SO FORTH, BUT NONE OF IT, NONE OF THIS PART HERE IS IN REGARDS TO YOUR LACK OF PROMOTION AND INVOLVING CHIEF HAINES.

BARBER: IT SHOWS HAINES'S BIAS TOWARD WOMEN. I HAVE SAID THIS BEFORE.

YOUNG: BUT THIS IS ABOUT ANITA HEMPHILL AND FROM OTHERS WITHIN THE AGENCY, NOT CHIEF HAINES.

BARBER: THIS IS EVIDENCE OF HIS BIAS, HIS BIAS TOWARD WOMEN. THAT IS WHAT THIS IS. THAT IS WHAT THIS COURT DOCUMENT IS FOR. I, I DON'T UNDERSTAND, YOU'RE NOT UNDERSTANDING THAT. YOU DON'T THINK THAT IF A JUDGE SAYS, HE HAS SHOWN GENDER-BIAS THAT IT APPLIES?

YOUNG: I NEED YOU TO EXPLAIN HOW WHAT ANITA HEMPHILL AND THEM ARE SA YING APPLIES TO YOU AND YOUR (INAUDIBLE)

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BARBER: THEY'RE SAYING THAT HE HAS GENDER-BIAS AND IT HAS BEEN SHOWN BY A JUDGE.

YOUNG: BUT HOW DOES THAT APPLY TO HOW YOU (INAUDIBLE)

BARBER: WELL, I DON'T KNOW, YOU NEED TO ASK HIM WHY HE DIDN'T WANT TO PROMOTE ME THEN, BECAUSE THAT'S THE ONLY THING I CAN THINK OF.

YOUNG: BUT HOW DOES WHAT'S LISTED IN THERE RELATE TO IT?

BARBER: IT SHOWS THAT IT IS A CONTINUING PATTERN BECAUSE OF HIS COMMENT TO ME IN THE PAST, AND, AND MY LACK OF PROMOTION WHEN I WAS ON THE LIST, THE ONLY, THE LAST PERSON ON THE LIST, UHM THERE WAS AN OPENING, AND HE BYPASSED ME. BUT THE NEXT TIME HE HAD NO CHOICE, BECAUSE I, THERE WAS MORE THAN ONE OPENING LEFT.

YOUNG: OKAY. SO I WANT YOU TO KEEP GOING, BUT IF IT'S NOT RELEVANT TO YOU AND HOW YOU HA VE BEEN AFFECTED BY IT, I DON'T UNDERSTAND HOW

BARBER: I WOULD FEEL EVERY FEMALE HERE WOULD BE AFFECTED BY A CHIEF THAT HAS GENDER-BIAS.

YOUNG: BUT THIS WAS TAKEN CARE OF IN A COURT RULING ALREADY.

BARBER: NO, IT'S NOT. NO, THE COURT RULING HAS RULED THAT HE HAS GENDER-BIAS. THIS CASE IS NOT COMPLETED.

YOUNG: SO HOW DOES THAT GENDER-BIAS AFFECT YOU?

BARBER: IT AFFECTS ALL THE WOMEN AT THE SHERIFF'S OFFICE IF, IF A CHIEF

YOUNG: TAMA

BARBER: HAS BEEN PROVEN TO SHOW GENDER BIAS

YOUNG: NONE OF THOSE OTHER WOMEN HAVE COME FORWARD, YOU HAVE. I NEED TO KNOW SO THAT WE DON'T SPEND HOURS GOING OVER THESE DOCUMENTS THAT YOU ARE NOT EVEN REALLY SURE WHAT'S IN THEM. I NEED YOU TO JUST POINT OUT THE SPECIFICS OF WHICH ONES PERTAIN TO YOUR DISCRIMINATORY TREATMENT FROM THE CHIEF. WHAT ANITA HEMPHILL IS SAYING HOW SHE WAS TREATED BY THE SHERIFF AND COMMANDER THARP AND EVERYBODY ELSE, IS NOT

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BARBER: IT IS PROOF.

YOUNG: PART OF THE COMPLAINT. NONE OF THIS DOCUMENTS THAT THE CHIEF HAD ANY INVOLVEMENT IN THAT. THOSE DOCUMENTS THAT ARE TALKING ABOUT

BARBER: YES, THEY DO.

YOUNG: ANITA AND COMMANDER THARP AND ALL THEM.

BARBER: THE CHIEF'S HISTORY HAS, HAS AN INVOLVEMENT IN THAT. IT IS PROOF THAT HE HAS GENDER-BIAS. THAT IS WHAT YOU ASKED ME TO SHOW YOU IN THESE.

YOUNG: BUT HOW IS IT IN REGARDS TO YOU?

BARBER: IF A CHIEF (INAUDIBLE)

YOUNG: WHAT HAS HAPPENED TO YOU?

BARBER: IF

YOUNG: BASED ON THESE DOCUMENTS, HOW DOES IT RELATE TO YOU?

BARBER: THE, IT SHOWS A CONTINUING PATTERN.

YOUNG: OKAY. SO I SUGGEST WE FINISH THROUGH THIS DOCUMENT, OKAY AND I SEE THAT THAT'S ON ANITA HEMPHILL AND HER ALLEGATIONS WHICH SHE'S ALSO NOT LISTED AS A PLAINTIFF EITHER AND WHERE YOU HA VE TAGGED, PLEASE READ, I, I CAN READ THE DOCUMENTS, BUT I NEED TO KNOW HOW IT PERTAINS AND AFFECTED YOU.

BARBER: IT SHOWS A CONTINUING PATTERN.

YOUNG: OKAY. BUT THE FACT THAT RICKY SHELBY CUSSED AT LAURA MONTOYA, AND ALL OF THAT

BARBER: THAT'S THE, THAT HAPPENED AT THIS AGENCY INVOLVING, SHERIFF MORGAN KNEW ABOUT IT, CHIEF HAINES KNEW ABOUT IT.

YOUNG: WELL THE DOCUMENT DOESN'T SAY CHIEF HAINES KNEW ABOUT THE CUSSING PART.

BARBER: PEOPLE TALK TO HIM. YOU'D, HIS, YOU HA VE HIS DEPOSITION AS WELL. IT TALKS ABOUT HIS RELIGIOUS BELIEFS. THAT'S WHAT THIS TALKS ABOUT. UHM DOWN ON PAGE TWENTY, IT TALKS ABOUT HOW

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MONTOYA EXPLAINED TO GRESHAM, I THINK THIS WAS DURING AN I.A. UH, TALKING ABOUT A DOCUMENT, UHM THAT SHE HAD RETAINED A COPY OF IT BECAUSE OF THE CONVERSATION SHE HAD WITH HAINES THE SAME DAY IN WHICH HE ATTEMPTED TO INFLUENCE WHAT SHE RECALLED ABOUT HIS PRIOR GENDER BASED COMMENTS. OKAY, AND WHEN, WHAT, GO AHEAD

YOUNG: AND LIKE I SAID, IF YOU CAN JUST SKIM THROUGH THE REST

BARBER: OH, OKAY. UHM PAGE TWENTY-FIVE IS LABELED A. DISPARATE TREATMENT. UHITSAYS

YOUNG: AND IS ANYTHING IN THAT STATEMENT

BARBER: I DON'T KNOW, I GOTTA READ IT.

YOUNG: A FOCUS FOR YOU?

BARBER: IT TALKS AT THE BOTTOM, DIRECT EVIDENCE IS EVIDENCE, THAT, IF BELIEVED, PROVES THE EXISTENCE OF DISCRIMINATORY INTENT WITHOUT INFERENCE OR PRESUMPTION.

YOUNG: I BELIEVE THAT PART MIGHT JUST BE A SUMMARY OF EVERYTHING THAT WAS LISTED IN THE PREVIOUS PAGES.

BARBER: (INAUDIBLE) FIND THE LABEL FOR IT. OH, MY GOD. UH, SECTION FOUR DISCUSSION, THEN A. DISPARATE TREATMENT. IT DOESN'T SAY THAT'S A SUMMARY. I DON'T REALLY KNOW WHAT IT IS.

YOUNG: IF IT'S REPEATING INFORMATION, THEN WE COULD PROBABLY SKIP OVER IT.

BARBER: (INAUDIBLE) ANOTHER PARAGRAPH (INAUDIBLE) TALKING ABOUT. UH BECAUSE SHE'S TALKING ABOUT THE DIFFERENT ARGUMENTS. UHM THE RECORD PLAINLY SHOWS THAT THE SHERIFF TOOK ADVERSE ACTIONS AGAINST MONTOYA BY DEMOTING AND TERMINATING HER.

YOUNG: AND AGAIN, ONLY THOSE PORTIONS THAT LEAD CREDENCE TO THE DISCRIMINATION AND GENDER-BIAS AGAINST YOU.

BARBER: FOR THE REASONS THAT FOLLOW, MONTOYA'S EVIDENCE RAISES A CONCERN THAT HAINES AND SHELBY'S GENDER-BIASED INPUT, MAY HAVE IMPACTED SHERIFF MORGAN'S DEMOTION DECISION BUT NOT THE TERMINATION DECISION. UHM

YOUNG: I BELIEVE ALL THAT IS REPEAT OF WHAT WAS DISCUSSED PRIOR.

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BARBER: A MOTIVATING FACTOR, THIS IS HER, I THINK RULING OR SOMETHING. A MOTIVATING FACTOR CAN BE SHOWN BY THE CONDUCT OF A BIASED SUPERVISOR EVEN WHEN THAT PERSON WAS NOT THE FINAL DECISION MAKER, IF THE PLAINTIFF SHOWS THAT THE BIASED SUPERVISOR USED THE FINAL DECISION MAKER, I THINK SHE'S QUOTING LAWS THERE.

YOUNG: OKAY.

BARBER: A COURT CASES. YEAH, SHE'S TALKING ABOUT COURT CASES HERE. UHM, IT SAYS

YOUNG: AND THE COURT CASES WE DON'T NECESSARILY NEED TO GO OVER.

BARBER: IT SAYS THE SUPREME COURT HAS ALSO EXPLAINED THAT WHERE A SUPERVISOR'S ACTIONS ARE MOTIVATED BY, WHERE A SUPERVISOR'S ACTIONS ARE MOTIVATED BY DISCRIMINATORY ANIMUS AND INTENDED, WELL THAT COURT CASE, THAT'S PENNINGTON VERSUS CITY OF HUNTSVILLE.

YOUNG: AGAIN, WE DON'T NEED TO REVIEW THE, THE CASE LAW THAT SHE'S REFERENCING. I THINK THAT PAGE IS CASE LAW AS WELL.

BARBER: YEAH. NOW I'VE HEARD OF SOME OF THESE, STAUB VERSUS PROCTOR HOSPITAL MAYBE, HOSP. KING VERSUS VOLUNTEERS OF AMERICA, AM, I DON'T KNOW.

YOUNG: OKAY. AND THAT'S ON THE NEXT PAGE

BARBER: APPL YING THESE PRINCIPLES, THE COURT FINDS A QUESTION OF FACT BASED ON THE DEMOTION DECISION. IT IS UNDISPUTED THAT HAINES AND SHELBY BOTH PROVIDED INPUT TO SHERIFF MORGAN IN WHICH THEY CHARACTERIZES HER JOB PERFORMANCE IN SEVERAL INCIDENTS

YOUNG: AND THAT'S A REPEAT AGAIN.

BARBER: (INAUDIBLE) YOU WANT ME TO SAY ALL THIS, IT'S REPEAT, I MEAN, IT, EVERYTHING GETS REPEATED SEVERAL TIMES

YOUNG: RIGHT.

BARBER: BASED ON THEIR DEPOSITIONS AND BUT HER RULING UHM

YOUNG: AND I THINK WHAT, FOR TIME REASONS, IF IT'S REPEATED AGAIN IN THE SUMMARY, WHICH IS WHAT YOU'RE AT RIGHT THERE, WE'VE KIND OF DISCUSSED

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BARBER: WELL HER SUMMARY IS BASICALLY HER RULING. THE OTHER STUFF IS JUST THE EVIDENCE THAT SHE'S USING TO BACK IT UP. UHM WHERE SHE ACTUALLY ST ATES UHM THERE IS ALSO EVIDENCE OF GENDER-DISCRIMINATORY ANIMUS BY BOTH, AND SHE'S TALKING ABOUT SHELBY AND HAINES

YOUNG: AND YOU'RE SAYING THAT THESE ARE THE PARTS THAT APPLY TO YOUR NON PROMOTION.

BARBER: AND THE, HIS COMMENT TO ME.

YOUNG: THE COMMENT, OKAY.

BARBER: UHM HAINES HARBORED A DISCRIMINATORY VIEW OF WOMEN IN ELEVATED POSITIONS IN LAW ENFORCEMENT, SUCH AS THAT WOMEN SHOULD BE SUBORDINATE TO MEN, WOMEN SHOULD NOT BE IN A LEADERSHIP POSITION, AND MEN SHOULD NOT TAKE DIRECTION FROM WOMEN IN LAW ENFORCEMENT, SHOWING A DISCRIMINATORY ANIMUS.

YOUNG: OKAY. THAT WAS LISTED AND WE COVERED THAT.

BARBER: UHM, PAGE THIRTY-FIVE IT'S JUST TALKING ABOUT HOW MORGAN RELIED ON SHELBY AND HAINES'S INFORMATION TO BASE HIS DECISIONS ON AND THEIR INPUT.

YOUNG: OKAY.

BARBER: I MEAN IT QUESTIONS THEIR MOTIVATION

YOUNG: AND YOU DON'T HA VE TO READ ANY OF THE REMAINDER PAGES IF IT IS THE SAME THAT WE'VE ALREADY DISCUSSED.

BARBER: WELL IT'S A LITTLE DIFFERENT. IT SAYS, AND THEN THERE'S AB. I THINK A. WAS THAT OTHER ONE. SO THIS IS B. HOSTILE WORK ENVIRONMENT. AND IT TALKS ABOUT HOW GENDER-BIASED COMMENTS BY HAINES WERE MADE IN 2008 OR 2009 OUTSIDE THE WINDOWS, BUT THEY REJECTED THAT BECAUSE IT WAS A CONTINUING PROBLEM.

YOUNG: SO THAT DOESN'T

BARBER: BECAUSE IT SAYS A CLAIM OF HOSTILE WORK ENVIRONMENT, BASED ON HARASSMENT WILL NOT BE TIME BARRED AS LONG AS ALL ACTS WHICH CONSTITUTE THE CLAIM ARE PART OF THE SAME UNLAWFUL EMPLOYMENT PRACTICE AND AT LEAST ONE FAILS WITH, ONE ACT FALLS WITHIN THE TIME PERIOD. I DON'T KNOW WHY

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(INAUDIBLE) STUCK IN AND NOT OUT. I THOUGHT I WAS SEEING THINGS. AND THEN HER RULING

YOUNG: AND THE CASE LAW DOESN'T NEED TO BE READ.

BARBER: OH, I THOUGHT YOU SAID THE RULING WAS IMPORTANT.

YOUNG: WELL SHE'S REFERRING TO OTHER CASE LAW

BARBER: (INAUDIBLE) CASE LAW. IT SAYS VIEWING THE EVIDENCE IN MONTOYA'S FAVOR AS THE COURT MUST AT THIS STAGE, MONTOYA COULD SATISFY ONLY THE FIRST THREE ELEMENTS. THERE IS EVIDENCE THAT SHE IS IN A PROTECTED CLASS, SUFFERED UNWELCOME HARASSMENT AND AT LEAST SOME OF THE HARASSMENT WAS BASED ON HER GENDER. FOR EXAMPLE, HAINES'S STATEMENTS OF WOMEN BEING SUBSERVIENT AND SHELBY'S NAME-CALLING. THE FOURTH ELEMENT WAS UH I THINK (INAUDIBLE) IT LOOKS LIKE HOSTILE WORK ENVIRONMENT, BUT, YEAH, SOMETHING ABOUT HOSTILE WORK ENVIRONMENT, THAT PARAGRAPH THAT WAS THIRTY-NINE AND FORTY, WELL IT DIDN'T MEET THAT REQUIREMENT. THERE'S ANOTHER ONE, I KNOW I DIDN'T DO THAT. WELL MAYBE, I DON'T THINK, I THOUGHT I LEFT THEM ALL STICKING OUT, UNLESS I WASN'T CAREFUL, I DON'T KNOW. (INAUDIBLE) WE TALKED ABOUT HIS STATE, COMMENTS THAT HE DID MAKE ALREADY. GOD, I SCREWED THIS ONE UP DIDN'T I? PUT THOSE STICKIES ALL OVER THE PLACE.

YOUNG: THAT'S ALRIGHT.

BARBER: UHM, OH, THIS SOMETHING ABOUT AN AFFIDAVIT FROM SHERRY NIX THEY'RE TALKING ABOUT, WHICH I DON'T REMEMBER IF THAT'S IN THERE OR NOT.

YOUNG: ALMOST

BARBER: (INAUDIBLE) THEY'RE SO THIN TOO. UH, WHAT'S THIS ON, WELL WE TALKED ABOUT THAT, MORGAN'S DECISIONS WAS BASED ON OTHER PEOPLE'S (INAUDIBLE)

YOUNG: CORRECT.

BARBER: UH, THEN THIS IS JUST SA YING SUMMARY JUDGMENT IS GRANTED ON ALL CLAIMS OF RACE DISCRIMINATION AND GRANTED FOR ALFORD ON ALL CLAIMS, SUMMARY JUDGMENT ON COUNT I AND COUNT II GRANTED. AND I DON'T KNOW WHAT THOSE ARE, BUT IT'S IN HERE SOMEWHERE.

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YOUNG: SO YOU DON'T KNOW WHAT THOSE MEAN?

BARBER: I MEAN, YOU GOTTA LOOK. I'M NOT A, I'M NOT AN ATTORNEY.

YOUNG: OKAY.

BARBER: SURE WISH I MADE THAT KIND OF MONEY. UH, UH YEAH, THIS IS ALL THESE THAT IT WAS, ALL THE, THE LISTING OF WHAT WAS GRANTED AND WHAT WASN'T, SO SUMMARY JUDGMENT FOR DIFFERENT THINGS ON HER CASE, ON THIS CASE GRANTED FOR RACE-BASED HOSTILE WORK ENVIRONMENT, UH RACE DISCRIMINATION

YOUNG: AND THOSE ARE AGAINST

BARBER: THE WHOLE CASE IS AGAINST MORGAN, HAINES, ALFORD AND SHELBY I BELIEVE. SO IT DOESN'T REALLY LIST ALL THEIR NAMES AND THE DIFFERENT JUDGMENTS LISTED, BUT THERE'S TEN OF THEM.

YOUNG: OKAY.

BARBER: SOME GRANTED AND SOME DENIED, SO THAT'S ALL.

YOUNG: ALRIGHT. NOW DO YOU FEEL COMFORTABLE THAT YOU HAVE HIGHLIGHTED AND IDENTIFIED THE THINGS YOU FEEL ARE PERTINENT TOWARDS YOUR ALLEGATIONS AGAINST CHIEF BASED UPON THIS DOCUMENT OR DO YOU WANT TO GO THROUGH ALL OF THE DEPOSITIONS?

BARBER: NO. I DON'T WANT TO GO THROUGH THEM ALL, SIT HERE AND FREEZE.

YOUNG: OKAY. SO DO YOU WANT TO COME BACK WITH ANY OF YOUR DOCUMENTATIONS TO POINT OUT ANYMORE STATS OR NAMES OR (INAUDIBLE) THAT YOU HAVE?

BARBER: I WILL HA VE TO TALK TO MY ATTORNEY.

YOUNG: BUT, SO THAT I UNDERSTAND, YOU'RE TELLING ME THAT YOU HA VE INFORMATION THOUGH

BARBER: I'M SA YING WHEN YOU ASKED ME TO COME IN HERE BEFORE, YOU, YOU SURPRISED ME, WHEN I ALREADY HAD A MEETING SCHEDULED WITHH.R.

YOUNG: (INAUDIBLE) BARBER, YOU'RE SA YING

40 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEME1, .t' OF: MASTER DEPUTY TAMA BARBER IA# 12019-015

BARBER: I'M TRYING TO ANSWER

YOUNG: YOU'RE SAYING THAT YOU HAVE INFORMATION THAT HAS OTHER PEOPLE'S NAMES WHERE THEY HAVE BEEN

BARBER: NO.

YOUNG: THE VICTIMS OF DISCRIMINATION

BARBER: NO. I'M TELLING YOU I HA VE (INAUDIBLE)

YOUNG: I NEED YOU TO ANSWER THE QUESTION.

BARBER: I'M TRYING, BUT THAT'S NOT WHAT I SAID.

YOUNG: OKAY. LET ME FINISH THE QUESTION. DO YOU HA VE NAMES OF OTHER INDIVIDUALS THAT WORK AT THE SHERIFF'S OFFICE THAT HA VE BEEN THE VICTIM OF ANY TYPE OF DISCRIMINATION?

BARBER: I DON'T KNOW. I HAVE TO LOOK AT MY NOTES.

YOUNG: OKAY.

BARBER: I WAS NEVER GIVEN THE OPPORTUNITY BEFORE.

YOUNG: AND YOU UNDERSTAND, THAT IF YOU HAVE THAT INFORMATION WHERE PEOPLE HAVE BEEN THE VICTIM OF DISCRIMINATION, THAT YOU HA VE A DUTY TO REPORT THAT, CORRECT?

BARBER: YES.

YOUNG: SO IF YOU HA VE ANY INFORMATION, YOU NEED TO PROVIDE THAT INFORMATION TO ME SO THAT I CAN INCLUDE IT IN MY INVESTIGATION AND TALK TO THOSE INDIVIDUALS.

BARBER: I WILL CONTACT MY ATTORNEY BEFORE I GIVE YOU ANYMORE INFORMATION.

YOUNG: OKAY. YOU ARE THE COMPLAINANT ALLEGING DISCRIMINATION. SO ARE YOU TELLING ME THAT YOU HAVE NAMES THAT YOU ARE NOT GOING TO PROVIDE?

41 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEME1, f OF: MASTER DEPUTY TAMA BARBER IA# 12019-015

BECAUSE YOU SURPRISED ME AND DID, I HAD AN APPOINTMENT SCHEDULED AND I WOULD'VE BROUGHT THAT STUFF. BUT YOU SURPRISED ME AND I COULDN'T.

YOUNG: OKAY. SO IF YOU

BARBER: SO

YOUNG: HAVE NAMES, AND OTHER FACTS THAT SUPPORT

BARBER: OF POSSIBLE WITNESSES.

YOUNG: THE COMPLAINT.

YOUNG: RIGHT. AND I HAVE EVERYTHING IN YOUR LETTER. SO WHAT I'M GOING TO HAVE YOU DO, IS I WOULD LIKE FOR YOU TO REVIEW YOUR NOTES, ANY OTHER WITNESSES OR VICTIMS THAT YOU KNOW THAT HAVE SUFFERED DISCRIMINATION

BARBER: (INAUDIBLE)

BARBER: WELL THAT WOULD BE A LOT BETTER THAN SURPRISING ME.

YOUNG: OKAY.

BARBER: THAT WOULD BE A LOT MORE PROFESSIONAL THAN BEFORE.

42 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

RECORDED STATEME1-, f OF: MASTER DEPUTY TAMA BARBER IA# 12019-015

YOUNG: ALRIGHT. WE ARE GOING OFF THE RECORD AT FIVE TWENTY-TWO (5:22).

TRANSCRIBED BY L. CABALLERO 8/6/19

43 OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

ESCAMBIA COUNTY SHERIFF'S OFFICE Confidentiality Notice {Employee)

You are being questioned as a witness/subject of an internal affairs investigation. You are directed as an employee of the Escambia County Sheriffs Office not to:

~ Discuss any information concerning this investigation; or ~ Duplicate/forward/provide any documents or statements (recorded, written or printed),

With/to anyone other than your attorney, members of the Office of Professional Standards, or the member conducting this investigation, until such time as the investigation is closed and you are notified of such. The only exceptions are those noted in Sections 112.532 and 533, Florida Statutes. An investigation is considered active as long as it is continuing with a reasonable, good faith anticipation that a finding will be made in the foreseeable future. The law establishes a presumption that the complaint investigation will be completed within one hundred eighty (180) days.

Violations of this notice by employees of the Escambia County Sheriffs Office may result in administrative sanctions being imposed.

PLEASE CONDUCT YOURSELF ACCORDINGLY:

I hereby acknowledge that I have read this notice and understand its provisions, Name: ----la._~ ~ _!)~ ~~ (o ~.Cl l/-/9 Signature JDate Sworn to and subscribed before me this _1j_ day of ___U1_v_!\A_. ____ 20~. -41 .

ES0-281 (09/2010) OFFICIAL RECORD TO: PHILIP NIX FROM: PUBLIC RECORDS - EAM 11/06/2019

IA Pro#f2ott:t- Of~ ESCAMBIA COUNTY SHERIFF'S OFFICE Perjury and Oath Acknowledgement

837.02 Perjury in Official Proceedings - Whoever makes a false statement, which he does not believe to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony of the third degree.

837.021 Perjury by Contradictory Statements - (1) Whoever, in one of more official proceedings, willfully makes two or more material statements under oath when in fact two or more of the statements contradict each other is guilty of a felony of the third degree. The prosecution may proceed in a single count by setting forth the willful making of inconsistent statements under oath and alleging in the alternative that one or more of them are false. (2) The question of whether a statement was material is a question of law to be determined by the court. (3) In a prosecution for perjury by contradictory statements under this section, it is not necessary to prove which, if any, of the statements is true. (4) In any prosecution under this act for perjury by contradictory statements, it shall be a defense that the accused believed each statement to be true at the time he made it.

837.05 False Report to Law Enforcement Authorities - Whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of a crime is guilty of a misdemeanor of the first degree.

92.525 Verification of Documents; Perjury by False Written Declaration - All statements, regardless of form, provided by a law enforcement officer or correctional officer during the course of a complaint investigation of that officer shall be made under oath pursuant to s. 92.525. Knowingly false statements given by a law enforcement officer or correctional officer under investigation may subject the law enforcement officer or correctional officer to prosecution for perjury.

I have read the above excerpts from Chapter 837 and 92 of the Florida State Statutes and understand that making or providing false statements in an official proceeding is a criminal act punishable as provided in s. 775.082, s. 775.083, ors. 775.084.

Sign Below Only After Oath Has Been Administered By affixing my signature below I hereby acknowledge that I was officially placed under oath prior to giving my testimony.

Signature of Person Placed Under Oath Date

ES0-285 (09/2010)