Vega v. Chicago Park District

Filing 215

MOTION by Defendant Chicago Park District for judgment as a matter of law (Attachments: # 1 Exhibit A-E)(McGarry, Annette)

EXHIBIT A

1
1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

2
3

LYDIA VEGA,

4
5

Plaintiff,
v.

6

CHICAGO PARK DISTRICT,

7

Defendant.

8
9

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)
)
)
)
)
)
)
)

No. 13 C 451
Chicago, Illinois
March 6, 2017
2:49 p.m.

EXCERPT OF TRIAL PROCEEDINGS
BEFORE THE HONORABLE JORGE L. ALONSO AND A JURY

10

APPEARANCES:

11

For the Plaintiff:

OFFICES OF CATHERINE SIMMONS-GILL,
LLC
BY: MS. CATHERINE SIMMONS-GILL
MR. MATTHEW CHRISTIAN DOUGLAS
MR. KYLE AURAND
MS. BERNADETTE COPPOLA
111 West Washington Street
Suite 1051
Chicago, Illinois 60602
[phone]

For the Defendant:

McGARRY & McGARRY, LLC
BY: MS. ANNETTE MICHELE McGARRY
MS. MARIANNE C. HOLZHALL
120 North LaSalle Street
Suite 1100
Chicago, Illinois 60602
[phone]

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Nancy C. LaBella, CSR, RMR, CRR
Official Court Reporter
219 South Dearborn Street, Room 1222
Chicago, Illinois 60604
[phone]
[e-mail]

Millan - cross

1

A.

Yes.

2

Q.

You were recreation leader is what you started at,

3

correct?

4

A.

A summer recreational leader.

5

Q.

Okay.

6

A.

That's correct.

7

Q.

Then you went to a physical instructor, correct?

8

A.

Hourly.

9

Q.

Then you went to a physical instructor --

10

A.

Monthly.

11

Q.

Monthly.

12

Can you?

Because I'm not sure.

Then you went to a full-time recreation leader?

Then you went to playground supervisor, correct?

13

A.

That's correct.

14

Q.

Then park supervisor?

15

A.

Yes, in two facilities.

16

Q.

Okay.

17

A.

That's correct.

18

Q.

And then you ended your career as regional manager,

19

correct?

20

A.

Yes.

21

Q.

So you were promoted quite often, weren't you?

22

A.

Yes.

23

Q.

Yes.

24
25

Then area manager?

Retiring was your decision; isn't that correct?
A.

That is correct.

35

Gilkey - direct

1

46

And Ms. Millan was your supervisor until she retired

2

in 2012?

3

A.

Yes.

4

Q.

Okay.

5

regional manager after Ms. Millan retired?

6

A.

That's Maya Solis.

7

Q.

Maya --

8

A.

I'm sorry, I'm sorry.

9

Daphne Johnson.

To whom have you reported as -- who is the new

10

Q.

11

manager?

12

A.

Maybe four years.

13

Q.

Okay.

14

A.

No, that would be now, right?

15

Q.

No, we're now in 2017.

16

A.

Okay.

That could be right.

17

Q.

Okay.

And what ethnic origin was Daphne -- sorry --

18

A.

She's black.

19

Q.

-- Johnson?

20

A.

Yes.

21

Q.

Thank you.

22

A.

Yes.

23

Q.

Thank you.

24
25

Daphne Johnson?

After Ms. Millan retired, it was

And for how long was she the regional

So from 2012 until about 2016?
Okay.

Daphne Johnson was black?

And she replaced Ms. Millan, correct?

And is it correct that the Chicago Park District does
not give regular oral or written performance reviews for park

Gilkey - cross

Okay.

80

1

Q.

2

9:50, they could spend 10, 15 or 20 minutes in a park as large

3

as Bessemer Park, driving around or getting out of their car

4

and walking around?

5

A.

Yes.

6

Q.

And that would be part of their responsibilities as a park

7

supervisor, correct?

8

A.

Yes, it would.

9

Q.

And they would be on duty while they were doing that,

10

correct?

11

A.

So if a park supervisor arrived at their park at

Yes.

12
13

MS. SIMMONS-GILL:

I have no further questions, your

Honor.

14

THE COURT:

15

Ms. Holzhall?
CROSS-EXAMINATION

16

BY MS. HOLZHALL:

17

Q.

Hi, Ms. Gilkey.

18

A.

Hi.

19

Q.

When Ms. Simmons-Gill was questioning you, you mentioned

20

that the regional manager of the south region is now Mia

21

Solis?

22

A.

Maya Solis.

23

Q.

Maya Solis.

24

A.

Yes.

25

Q.

Were you ever trained how to fill out a time sheet when

Do you know her ethnic background?

She's Hispanic.

Gilkey - cross

1

Q.

2

Plaintiff's Exhibit 224.

83

I'd like you -- Ms. Simmons-Gill had showed you

3

Those were the time sheets.

And you said that you had signed off on some but not

4

all of them?

5

A.

Yes.

6

Q.

Did you have independent knowledge of the accuracy of

7

these time sheets when you signed off on them?

8

A.

I have to take their word for it that they're accurate.

9

Q.

So you rely on them being accurate?

10

A.

Yes.

11

Q.

Ms. Simmons-Gill had touched on the meeting you had with

12

Ms. Vega and one of the investigators at Bessemer Park.

13

A.

Yes.

14

Q.

What was the atmosphere of that meeting?

15

tone?

16

A.

17

talking now and discussing issues.

18

Q.

19

hostile?

20

A.

Not that I recall.

21

Q.

Did the investigator say anything that you would consider

22

discriminatory?

23

A.

Not that I recall.

24

Q.

Did you attend the corrective action meeting for Ms. Vega?

25

A.

No.

What was the

I would just consider it a neutral tone, like we're

Did the investigator say anything that you would consider

Gilkey - cross

84

1

Q.

During that time period, did you typically attend

2

corrective action meetings for employees that were going

3

through the disciplinary process?

4

A.

Not at that time I don't believe.

5

Q.

Did you put -- did you have input into the disciplinary

6

actions against other employees during this time period?

7

A.

No.

8

Q.

That would have all been human resources?

9

A.

Human resources, yes.

10

Q.

Did you at any time speak with Ms. Saieva or Mr. Simpkins

11

regarding Ms. Vega during her disciplinary process?

12

A.

No.

13

Q.

Was there anything about the investigation and discipline

14

of Ms. Vega that you saw that you would consider

15

discriminatory?

16

MS. SIMMONS-GILL:

Object to foundation.

There is no

17

testimony that this witness knows anything about the

18

investigation or discipline.

19

THE COURT:

20

BY THE WITNESS:

21

A.

22

BY MS. HOLZHALL:

23

Q.

Overruled.

24
25

Can you repeat that?

Sure.
Was there anything that you saw about the

investigation and discipline of Ms. Vega that you thought was

Gilkey - cross

85

1

discriminatory against her based on her status as a Hispanic?

2

A.

No, not that I saw.

3

Q.

As an area manager, did you have any authority to

4

discipline or discharge employees?

5

A.

No.

6

Q.

Did the Park District, to your knowledge, have any policy

7

concerning discrimination based on race or gender or other

8

classes?

9

A.

Yes.

10

Q.

Do you know where that policy was published or available

11

to employees?

12

A.

13

employee discipline book, or the union book.

14

Q.

15

retaliation against employees?

16

A.

I just know that we can't do it.

17

Q.

Did Ms. Vega at any time while she was still employed by

18

the Park District tell you that she thought she was being

19

discriminated against because she was Hispanic?

20

A.

No, not that I recall.

21

Q.

Did she ever tell you during that time that she thought

22

that the Park District was retaliating against her?

23

A.

No, not that I recall.

24

Q.

Have you had other Hispanic park supervisors in your area?

25

A.

Yes.

The policy is either in the -- the code of conduct,

Does the Park District have any policy concerning

Gilkey - cross

86

1

Q.

Have any of them complained to you that they felt they

2

were being discriminated against because of their national

3

origin?

4

A.

No.

5

Q.

Have any of them been disciplined?

6

MS. SIMMONS-GILL:

7

THE COURT:

8

A.

Overruled.

BY THE WITNESS:

9

Object, relevance.

Not to my knowledge.

10

BY MS. HOLZHALL:

11

Q.

12

to Bessemer Park?

13

A.

Yes.

14

Q.

What kind was it?

15

A.

It was a maroon Chevy Trail Blazer.

16

Q.

Did you ever see her driving a different car?

17

A.

Not that I can recall.

18

Q.

Did you ever give Ms. Vega permission to work from home?

19

A.

No.

20

Q.

Why not?

21

A.

It's not allowed.

22

Q.

You had mentioned -- you had testified earlier that the

23

duties of a park supervisor would frequently take them away

24

from the park to which they were assigned.

25

that?

Do you know what kind of car Ms. Vega drove when she drove

It's -- work should be done at work.

Do you remember

Gilkey - cross

87

1

A.

Sure.

2

Q.

If they were away from the park, how would other people at

3

the park know where they were?

4

A.

5

would make sure it's in the logbook.

6

where they're going, what time and who's going.

7

Q.

8

the course of the day?

9

A.

Yes.

10

Q.

What have you told your supervisors about use of the

11

logbook?

12

A.

13

learned it was the Bible of the park.

14

of park grounds, you need to put yourself in the logbook so

15

people know where you're going.

16

Q.

Do you know any details of the surveillance of Ms. Vega?

17

A.

No.

18

Q.

Do you know anything about any other interviews of

19

Ms. Vega other than the one that you sat in on?

20

A.

No.

21

Q.

And, again, you didn't sit in on any of her corrective

22

action meetings or the disciplinary proceedings?

23

A.

No.

24

Q.

Were you on good terms with Ms. Vega --

25

A.

Yes.

They would -- they would let their staff know, but they
The logbook indicates

So that they know where -- where each employee is during

Just that the logbook is like the Bible -- I've always
Any time you step off

Gilkey - cross

88

1

Q.

-- during her period as a park supervisor?

2

A.

Yes.

3

Q.

As Ms. Vega's supervisor or her area manager, are you the

4

one that she would have come to if she had any complaints or

5

concerns?

6

A.

7

HR.

8

probably would have come to me.

9

Q.

If it were an HR matter, she would have said something to
If it was something to talk about, then, yes, she

I -- if there were any complaints about discrimination,

10

would those be made to you, or would those be made to HR, or

11

would they be made to some other person within the Park

12

District?

13

MS. SIMMONS-GILL:

14

THE COURT:

Object, foundation.

Overruled.

15

BY THE WITNESS:

16

A.

17

have been told about that.

18

BY MS. HOLZHALL:

19

Q.

20

HR?

21

A.

Those probably would have gone to HR.

But if you -- if you received one, would you pass it on to

Yes.

22

MS. HOLZHALL:

23

THE WITNESS:

24
25

I may or may not

I think that's all I have, Ms. Gilkey.
Okay.

REDIRECT EXAMINATION
BY MS. SIMMONS-GILL:

EXHIBIT B

1
1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

2
3

LYDIA VEGA,

4
5

Plaintiff,
v.

6

CHICAGO PARK DISTRICT,

7

Defendant.

8
9

)
)
)
)
)
)
)
)
)

No. 13 C 451
Chicago, Illinois
March 7, 2017
9:45 a.m.

TRANSCRIPT OF TRIAL PROCEEDINGS
BEFORE THE HONORABLE JORGE L. ALONSO AND A JURY

10

APPEARANCES:

11

For the Plaintiff:

OFFICES OF CATHERINE SIMMONS-GILL,
LLC
BY: MS. CATHERINE SIMMONS-GILL
MR. MATTHEW CHRISTIAN DOUGLAS
MR. KYLE AURAND
MS. BERNADETTE COPPOLA
111 West Washington Street
Suite 1051
Chicago, Illinois 60602
[phone]

For the Defendant:

McGARRY & McGARRY, LLC
BY: MS. ANNETTE MICHELE McGARRY
MS. MARIANNE C. HOLZHALL
120 North LaSalle Street
Suite 1100
Chicago, Illinois 60602
[phone]

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Nancy C. LaBella, CSR, RMR, CRR
Official Court Reporter
219 South Dearborn Street, Room 1222
Chicago, Illinois 60604
[phone]
[e-mail]

Ramirez - direct

1

THE COURT:

8

Go ahead.

2

MARTHA RAMIREZ, PLAINTIFF'S WITNESS, SWORN

3

DIRECT EXAMINATION

4

BY MS. SIMMONS-GILL:

5

Q.

6

your name.

7

A.

My name is Martha Ramirez.

8

Q.

Where do you currently live?

9

A.

I live in Hammond, Indiana.

10

Q.

Thank you.

Good morning, Ms. Ramirez.

11

Would you please tell the jury

Are you currently employed?

12

A.

No, I am retired from the Chicago Park District.

13

Q.

Okay.

14

A.

Yes.

15

Q.

Thank you.

16

And that was your last employer before you retired?

And what was your last position with the Chicago Park

17

District?

18

A.

I worked as a supervisor at Rowan Park.

19

Q.

Thank you.

20

And for how long did you work for the Chicago Park

21

District?

22

A.

I approximately worked 35 years with the Park District.

23

Q.

Did you work all in one continuous stretch or in two

24

separate?

25

A.

I worked two different.

I worked 15 years and then I left

Ramirez - direct

9

1

for six months and then I came back.

2

Q.

And when did you retire?

3

A.

I retired on September 30th, 2011.

4

Q.

And who was your area manager?

5

A.

Anita Gilkey.

6

Q.

Okay.

7

District, did you fill out time sheets?

8

A.

Yes, time sheets were filled out.

9

Q.

And can you tell me what your general practice was in

Can you -- when you were at the Chicago Park

10

filling them out?

11

A.

12

Wednesday and turn them in on Thursday every other week.

13

Q.

14

it exact or --

15

A.

16

always had to be an hour, but we might have worked 8:45 to

17

4:45 but we would sign 9:00 to 5:00.

18

Q.

And why did you sign in just 9:00 to 5:00 or --

19

A.

Just the practice that was always taught to us.

20

Q.

Okay.

21

A.

I always worked overtime.

22

Q.

And did you record that on your time sheets?

23

A.

No, it was not recorded on time sheets.

24

Q.

Why not?

25

A.

Because we were salary I guess.

We would fill them out on Wednesday -- Tuesday or

Okay.

No.

And did you -- how did you record your time?

Was

Our time sheets, we would sign in 9:00 to 5:00.

It

Did you some weeks work overtime?

We had to work whatever

Ramirez - cross

15

1

Q.

Have you ever seen Lydia Vega's time sheets?

2

A.

Not really, no.

3

Q.

So you have no idea if they were accurate or not, correct?

4

A.

No.

5

Q.

While you were employed, were you ever investigated for

6

anything?

7

A.

No.

8

Q.

Okay.

9

A.

-- they were questioning some signs that were up, but they

Her supervisor would see them, not me.

Well --

10

found out it was a group that was there that was putting the

11

signs up.

12

Q.

That was --

13

A.

They kind of --

14

Q.

-- not an investigation directed towards you at --

15

A.

No, they were wondering who was putting the signs up.

16

That's all.

17

Q.

So you have never been investigated for --

18

A.

No.

19

Q.

-- any disciplinary --

20

A.

No.

21

Q.

-- action --

22

It wasn't me so --

THE COURT REPORTER:

23

BY MS. McGARRY:

24

Q.

Hold on.

25

We have to be careful not to speak over each other here.
You retired, correct?

You were not terminated by the

Ramirez - cross

16

1

Park District?

2

A.

I retired.

3

Q.

Okay.

4

became aware that there were two men surveilling Rowan Park,

5

correct?

6

A.

Yes.

7

Q.

And you never personally spoke to these men yourself; is

8

that correct?

9

A.

No.

10

Q.

So all you knew was what the beat cop had told you,

11

correct?

12

A.

13

didn't talk to them.

14

Q.

Okay.

15

A.

I saw --

16

Q.

-- you have no idea what they were --

17

A.

No, I --

Now, at one point in time you testified that you

Well, yes, but I seen them.

I just -- I

So you saw them, but --

18

THE COURT REPORTER:

19

THE COURT:

20

I seen them.

Hold on.

Ms. Ramirez, please wait until the

question is finished before you start answering.

21

THE WITNESS:

Okay.

Sorry.

22

BY MS. McGARRY:

23

Q.

You never spoke to them yourself, correct?

24

A.

No.

25

Q.

Is it possible that these two men were CPD investigators

Vega - direct

1

MS. SIMMONS-GILL:

2

THE COURT:

3

than the answers?
MS. McGARRY:

5

THE COURT:

It's actually the answers, Your Honor.

Ms. Vega, if you could keep your voice up

also, please.

7

THE WITNESS:

8

THE COURT:

9

-- project.

The problem is with the questions more

4

6

58

Yes, sir.

Thank you.

BY MS. SIMMONS-GILL:

10

Q.

You worked for the Chicago Park District; is that correct?

11

A.

I did.

12

Q.

And for how long?

13

A.

22 years.

14

Q.

And when did you start?

15

A.

I started working as a seasonal rec leader around 1987.

16

Q.

And what -- do you count that in the 22 years?

17

A.

No.

18

Q.

When did you start full-time?

19

A.

I started full-time as all-year-around rec leader in 1990.

20

Q.

1990?

21

A.

Yes.

22

Q.

Thank you.

23

And what position was that?

24

A.

Full-time rec leader.

25

Q.

And was that hourly or salary?

Full-time rec leader?

Vega - direct

59

1

A.

Hourly.

2

Q.

And what was your next position?

3

A.

Hourly instructor.

4

Q.

And approximately when did that second position occur?

5

A.

A couple of years later.

6

Q.

And what was your next position?

7

A.

Monthly physical instructor.

8

Q.

And that was salaried?

9

A.

That was salary.

10

Q.

Yes.

11

A.

Playground supervisor.

12

Q.

And what playground, please?

13

A.

Madero playground.

14

Q.

Where was Madero?

15

A.

Madero was around -- close to -- between 27th Street and

16

31st Street.

17

south of where I lived.

18

Q.

And that was your first playground?

19

A.

That was my first playground.

20

Q.

And was there a problem with your salary when you went to

21

that playground?

22

A.

23

playgrounds that she was taking care of, and there was a

24

salary discrepancy.

25

Q.

Yes.

And your next position?

I don't remember the exact address.

But it was

The previous playground supervisor had two

And what was the discrepancy?

Vega - direct

60

1

A.

She was getting paid as a park supervisor, and it was

2

supposed to be a playground supervisor.

3

Q.

4

park salary supervisor?

5

A.

6

money.

7

getting a little bit too much I thought because my other

8

friends were not getting the same amount, so I told her if she

9

could look into it.

And what -- how did you find out -- then did you get the

Yes.

I was pretty impressed that I was getting so much

I didn't know.

But I asked my area manager that I was

10

Q.

And what happened next?

11

A.

She said she would.

12

didn't succeed.

13

Q.

14

is what you were requesting?

15

A.

Yes.

16

Q.

And so what happened next?

17

A.

Then I took it upon myself to go speak to Yvonne.

18

the HR manager at the time in the central region.

19

to Betty -- I don't know her last name now -- who was the

20

finance manager.

21

Q.

And was it resolved working with the two of them?

22

A.

Eventually they resolved it after probably six times that

23

I asked them.

24

Q.

25

asking them to reduce your salary and you had to make repeated

And she tried several times, and she

I was still getting the salary.

She did not succeed in getting your salary reduced, which

Okay.

She was

And speak

And I went back and forth between them.

So you were -- if I'm correct in summarizing --

Vega - direct

1

61

requests for that to occur?

2

MS. McGARRY:

3

THE COURT:

4

A.

Overruled.

BY THE WITNESS:

5

Objection, Your Honor, leading.

Yes.

6

THE COURT:

Next question.

7

BY MS. SIMMONS-GILL:

8

Q.

Where did you go after Madero?

9

A.

After Madero, I was -- went to Kedvale playground.

10

Q.

That's another playground?

11

A.

Yes.

12

Q.

What kind of playground is that?

13

A.

It was a box in a really bad neighborhood, similar to what

14

Bessemer was, graffiti and gangs.

15

Q.

And how long did you work there?

16

A.

I worked there for a couple of years.

17

Q.

And what did you do next?

18

A.

I was promoted to park supervisor at Bessemer Park.

19

Q.

And how did that come about?

20

A.

It was posted.

21

dream job was to be a park supervisor.

22

Q.

And when it was posted, did you do anything else?

23

A.

Once it was posted and I applied, I went to visit Bessemer

24

Park.

25

Park, which was in the south side.

I had been in the park for a while, and my

I solicited the help of a friend.

We went to Bessemer

We eventually found the

EXHIBIT C

1
1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

2
3

LYDIA VEGA,

4
5

Plaintiff,
v.

6

CHICAGO PARK DISTRICT,

7

Defendant.

8
9

)
)
)
)
)
)
)
)
)

No. 13 C 451
Chicago, Illinois
March 8, 2017
10:08 a.m.

TRANSCRIPT OF TRIAL PROCEEDINGS
BEFORE THE HONORABLE JORGE L. ALONSO AND A JURY

10

APPEARANCES:

11

For the Plaintiff:

OFFICES OF CATHERINE SIMMONS-GILL,
LLC
BY: MS. CATHERINE SIMMONS-GILL
MR. MATTHEW CHRISTIAN DOUGLAS
MR. KYLE AURAND
MS. BERNADETTE COPPOLA
111 West Washington Street
Suite 1051
Chicago, Illinois 60602
[phone]

For the Defendant:

McGARRY & McGARRY, LLC
BY: MS. ANNETTE MICHELE McGARRY
MS. MARIANNE C. HOLZHALL
120 North LaSalle Street
Suite 1100
Chicago, Illinois 60602
[phone]

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Nancy C. LaBella, CSR, RMR, CRR
Official Court Reporter
219 South Dearborn Street, Room 1222
Chicago, Illinois 60604
[phone]
[e-mail]

Catlin - cross

114

1

A.

To make our investigation thorough, so I would have the

2

right person who I was investigating.

3

Q.

4

pulled, for instance, in October.

5

A.

6

that the person who I was looking for, the vehicles I was

7

looking for, the address for the person at the time was

8

residing at, that all of that was the same.

9

Q.

And she had shown you several other LEADS reports that you
Why were those pulled?

To thoroughly investigate the investigation to make sure

When investigating other employees for time-related

10

violations or when you're doing surveillance, would you

11

typically pull more than one LEADS report?

12

A.

Yes.

13

Q.

I'd like you to turn to Exhibit 47, Plaintiff's

14

Exhibit 47.

15

A.

Yes.

16

Q.

Could you turn to the summary of surveillance.

17

at Page 00838.

18

A.

I have it, yes.

19

Q.

Did you prepare this portion of the report?

20

A.

No, I didn't.

21

Q.

Do you know who did?

22

A.

Investigator Hester.

23

Q.

When performing time sheet investigations or others

24

involving surveillance, do you typically know what the

25

employee looks like when you commence surveillance?

It starts

Catlin - cross

115

1

A.

No.

2

Q.

In Ms. Vega's case, did you eventually learn what she

3

looked like?

4

A.

Yes.

5

Q.

And was she the same person that you had seen during the

6

course of your surveillance?

7

A.

Yes.

8

Q.

When you're conducting surveillance, you said you first

9

pull information about the vehicle that the person is driving.

10

When you're conducting surveillance, do you typically

11

look for the vehicle?

12

A.

Yes.

13

Q.

And do you make any assumptions about that vehicle?

14

A.

No.

15

Q.

You had testified that there were at least some

16

surveillances where you saw Ms. Vega or the vehicle leave the

17

residence and then arrive at Bessemer Park; is that correct?

18

A.

That's correct.

19

MS. SIMMONS-GILL:

20

THE COURT:

Object, leading, your Honor.

Overruled.

21

BY MS. HOLZHALL:

22

Q.

23

that she typically parked in the same place at Bessemer Park?

24

A.

Majority of the time, yes.

25

Q.

Ms. Simmons-Gill had asked if you had consulted with Lydia

When you were surveilling Ms. Vega, was it your experience

Catlin - cross

116

1

Vega's area manager or her regional manager prior to

2

completing your investigation.

3

A.

Yes, I do.

4

Q.

Do you typically do that when investigating employees for

5

time sheet violations?

6

A.

No.

7

Q.

Do you consider any time sheet falsification to be a theft

8

of time?

9

A.

Do you recall that?

At the beginning of our investigation, we can't assume

10

anything.

We just gather the information, gather the facts.

11

And once we get that, we just pass it over to HR.

12

Q.

13

corrective action meeting on if that's what it comes to?

14

A.

No, we don't.

15

Q.

Do you have any input into the discipline that's given to

16

an employee?

17

A.

No, we don't.

18

Q.

Do you have any personal knowledge of what happened to

19

Ms. Vega after you submitted the report?

20

A.

No, I don't.

21

Q.

Ms. Simmons-Gill had asked you about a number of other

22

employees that you had investigated.

23

A.

Yes, she did.

24

Q.

There was Mr. Rivers?

25

A.

Yes.

Do you determine what charges an employee is given a

Catlin - cross

117

1

Q.

And his report is Exhibit 195, Plaintiff's Exhibit 195?

2

A.

Yes, I see it.

3

Q.

Now, did you prepare this report?

4

A.

Yes, I did.

5

Q.

And does the report include a summary of surveillance?

6

A.

Yes, there are.

7

Q.

Did you -- did you prepare that summary of surveillance?

8

If you turn to, it's in the lower left, CPD 06268.

9

A.

I have it.

10

Q.

Did you prepare that?

11

A.

Yes, I did.

12

Q.

Is that a little bit different format than is on

13

Exhibit 47 --

14

A.

It is.

15

Q.

-- that Mr. Hester performed or prepared?

16

A.

It is.

17

Q.

What was Mr. Rivers' ethnicity?

18

A.

African-American.

19

Q.

And did you sustain the charge of time sheet falsification

20

against Mr. Rivers?

21

A.

Yes, I did.

22

Q.

Did you have any input into whether he would be

23

disciplined?

24

A.

No.

25

Q.

What did you do with your report about Mr. Rivers once it

Catlin - cross

118

1

had been completed?

2

A.

3

Garcia.

4

I handed my investigation, once it was completed to Maria

5

Garcia, who was the general counsel for Chicago Park District

6

at that time.

7

Q.

8

time sheets?

9

A.

Yes, I did.

10

Q.

Did you pull the time sheets before you began the

11

investigation?

12

A.

No.

13

Q.

And did you go to his park after you completed the

14

surveillance?

15

A.

Yes, yes.

16

Q.

And did you ask him for the logbook?

17

A.

Yes, we did.

18

Q.

And was Mr. Rivers' investigation typical of the

19

investigations you would conduct into time sheet issues?

20

A.

Standard, typical, yes.

21

Q.

Did you run a LEADS report on Mr. Rivers?

22

A.

Yes, I did.

23

Q.

And is that in your report that's Exhibit 195?

24

A.

Yes, it is.

25

Q.

And that's at CPD 06267?

Once I completed it, I hand it over to my director, Maria
And from there, I don't know where it went, HR.

But

And when you investigated Mr. Rivers, did you pull his

Catlin - cross

1

A.

She did.

2

Q.

How did Ms. Vega react to you?

3

A.

No, she didn't.

4

Q.

Did she seem frightened?

5

A.

No, she didn't.

6

Q.

Did you find the complaint against her to be sustained?

7

A.

It was not sustained.

8

Q.

How many other investigations were you conducting while

9

123

you were investigating Ms. Vega for time sheet issues?

Did she seem upset?

10

A.

About six to seven other ones.

11

Q.

Did your investigation of Ms. Vega vary from others you've

12

done because of her Hispanic heritage?

13

A.

No.

14

Q.

Did you follow the same general procedure you would for an

15

African-American?

16

A.

Yes.

17

Q.

Did you follow the same procedure you would for a

18

Caucasian?

19

A.

Yes.

20

Q.

Same general procedure you would for an Asian or native

21

American?

22

A.

Same procedure.

23

Q.

How many surveillances did you typically conduct when

24

conducting a time sheet investigation?

25

A.

Pardon me?

Hester - direct

240

1

receiving a piece of paper like this?

2

A.

3

being in front of us.

4

Q.

5

investigation, do you recall whether you entered a sustained

6

report in connection with time sheet falsification?

7

A.

8

sheet.

9

Q.

So you don't know whether this was sustained or not?

10

A.

It was referred to management, and I found out later that

11

she was terminated.

12

Q.

Okay.

13

A.

She was terminated based off of investigation of time

14

sheet fraud regarding our reports, but as far as this -- me

15

putting sustained and writing this on here, I did not do that.

16

Q.

17

PX 47, that indicates to you that you sustained a finding of

18

time sheet falsification or --

19

A.

20

upon.

21

It was referred to management.

22

with this sheet here.

23

Q.

24

that, sir.

25

It's possible.

Okay.

We can get word without this actual paper

Is it correct that you -- that in the Lydia Vega

No, because I didn't write this, and I didn't have this

So you don't know why she was terminated?

Okay.

Is there anything in the report that's before you,

Regardless of our findings, it still has to be looked
We just pass the information.

So I'll say it again.

I didn't write this sustained

You didn't -- you did not write Exhibit 58.

I understand

You did enter all of the dates and times on Exhibit

Hester - direct

241

1

H, the last three pages of Exhibit 47, correct?

2

A.

Yes.

3

Q.

And those were dates on which you found -- what did you --

4

what did you find on those dates?

5

A.

6

Vega.

7

Q.

So they were just in question?

8

A.

In question, meaning that we had a problem with either

9

finding her or discrepancies with her time sheet regarding the

Those were dates that were in question regarding Ms. Lydia

10

videos and what we actually saw.

11

Q.

12

on the times she signed in on any of these days?

13

A.

14

that she put on her time sheet, yes.

15

Q.

On which days would that be, sir?

16

A.

Okay.

17

to give you an example.

18

Q.

19

second page.

20

A.

Are there two pages?

21

Q.

I'm sorry, there are three pages actually.

22

A.

I'm sorry, okay, well

23

Q.

892, 893 and 894.

24

A.

Okay.

25

she departs XSport, and it takes approximately 40 to

So do you have any idea whether Ms. Vega was not at work

According to when we saw her leaving XSport and the time

For instance, I guess, attachment H, I'm just going

Let's go -- attachment H?

That's fine.

First page or the

--

For instance, January 18th, 2012, it shows 10:41

EXHIBIT D

1
1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

2
3

LYDIA VEGA,

4
5

Plaintiff,
v.

6

CHICAGO PARK DISTRICT,

7

Defendant.

8
9

)
)
)
)
)
)
)
)
)

No. 13 C 451
Chicago, Illinois
March 9, 2017
10:07 a.m.

EXCERPT OF TRIAL PROCEEDINGS
BEFORE THE HONORABLE JORGE L. ALONSO AND A JURY

10

APPEARANCES:

11

For the Plaintiff:

OFFICES OF CATHERINE SIMMONS-GILL,
LLC
BY: MS. CATHERINE SIMMONS-GILL
MR. MATTHEW CHRISTIAN DOUGLAS
MR. KYLE AURAND
MS. BERNADETTE COPPOLA
111 West Washington Street
Suite 1051
Chicago, Illinois 60602
[phone]

For the Defendant:

McGARRY & McGARRY, LLC
BY: MS. ANNETTE MICHELE McGARRY
MS. MARIANNE C. HOLZHALL
120 North LaSalle Street
Suite 1100
Chicago, Illinois 60602
[phone]

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Nancy C. LaBella, CSR, RMR, CRR
Official Court Reporter
219 South Dearborn Street, Room 1222
Chicago, Illinois 60604
[phone]
[e-mail]

Hester - cross

1

MS. SIMMONS-GILL:

2

THE COURT:

71

Object, leading.

Overruled.

3

BY THE WITNESS:

4

A.

5

BY MS. HOLZHALL:

6

Q.

7

TrailBlazer for Ms. Vega's during the course of surveillance?

8

A.

That's correct.

9

Q.

Were there any dates when you followed Ms. Vega from her

I'm sorry.

Say it again.

So you wouldn't be likely to mistake another maroon Chevy

10

residence or XSport Fitness all the way to Bessemer Park?

11

A.

Yes.

12

Q.

Do you recall when those were?

13

A.

I don't recall the exact dates, but I do remember on two

14

occasions that we followed her straight to the park because I

15

believe one of the part-time guys wasn't working that day.

16

They usually on the other end surveilling.

17

straight through, didn't lose sight of her vehicle the whole

18

time.

19

Q.

And what route did she take?

20

A.

I believe it's the Kennedy and then she got on Lake Shore

21

Drive.

22

45 minutes.

23

20 minutes even if there was no traffic.

24

Q.

Was there any construction that day you followed her?

25

A.

Yes.

So it's quite a drive.

And we went

It takes about 40 to

There's no way you can get there in 15 or

Hester - cross

86

1

Q.

Did you ever learn who made the hotline calls about

2

Ms. Vega's time sheet issues?

3

A.

No.

4

Q.

Do you know a person by the name of Shreece Childs?

5

A.

Yes.

6

Q.

Did you know her at the time that you were investigating

7

Ms. Vega?

8

A.

No.

9

Q.

When did you meet her, if you recall?

10

A.

I met Shreece -- she was at another park as a supervisor

11

at the time.

12

to speak to her regarding an employee.

13

Q.

14

correct?

15

A.

That's correct.

16

Q.

Did you know Lydia Vega when you began the investigation?

17

A.

No.

18

Q.

Did you know who she was?

19

A.

No.

20

Q.

Did you contact her to say we're going to be investigating

21

you for time sheet issues?

22

A.

No.

23

Q.

Would you ever contact somebody that you were

24

investigating for time sheet or residency or the like to let

25

them know that they were under investigation?

And it was a -- regarding an employee, so I had

That was not when she was at Bessemer Park; is that

Hester - cross

95

1

A.

Yes.

2

Q.

So you passed that on to management, correct?

3

A.

That's correct.

4

Q.

Do you consider your investigation of Ms. Vega to be

5

relatively typical of time sheet investigations you've done?

6

A.

Yes.

7

Q.

Would you -- did it begin in the standard fashion or

8

typical fashion?

9

A.

Yes.

10

Q.

For a time sheet investigation, would you do surveillance

11

of the employee?

12

A.

Yes.

13

Q.

Would that -- would it matter whether they were white or

14

African American or Hispanic or Asian?

15

A.

No.

16

Q.

Is there any set number of surveillances you do?

17

A.

No.

18

Q.

What would dictate the number of surveillances you might

19

do for any given employee?

20

A.

21

find them right away.

22

they are.

23

actually see them.

24

Q.

25

Ms. Vega?

Well, it just varies because a lot of times, you don't
Sometimes you really don't know where

And that could be a month, two months before you

Was that one of the difficulties with surveilling

Hester - cross

96

1

A.

Yes.

2

Q.

What specifically was creating that difficulty?

3

A.

Well, it was a few reasons.

4

school, which there was no parking during school hours, so

5

there was really only one side you could park on.

6

the east side of the street.

7

I guess she elected to park in the garage, which was initially

8

the problem at first in finding her.

9

find her.

She was parked across from a

That was

And it was limited parking.

So

I believe Leroi couldn't

I guess he was on one side of the alley and then

10

that's when I end up staying on the other side of the alley.

11

That's when we actually saw her.

12

Q.

So the garage was located in an alley?

13

A.

Yes.

14

Q.

When conducting a time sheet investigation, would you

15

typically pull Secretary of State information about the

16

employee's vehicle?

17

A.

Yes.

18

Q.

Would you periodically do that throughout the

19

investigation?

20

A.

Yes.

21

Q.

Why?

22

A.

They might change vehicles, maybe get a new license plate.

23

It just varies.

24

Q.

25

State information regardless of the race or ethnic background

And you would perform these check-up pulls of Secretary of

Hester - cross

1

looking at.

2

Q.

Okay.

3

A.

Yes.

4

Q.

And he wrote the report for Ms. Vega; is that correct?

5

A.

That's correct.

6

Q.

100

How many times did you surveil Mr. Rivers?

7

So Leroi wrote that one?

(Brief pause.)

8

BY THE WITNESS:

9

A.

20 surveillances.

10

BY MS. HOLZHALL:

11

Q.

12

there were discrepancies on his time sheets?

13

A.

On 14 occasions.

14

Q.

Do you recall what happened to Mr. Rivers?

15

A.

He was terminated.

16

Q.

Was Mr. Rivers African American?

17

A.

Yes, he was.

18

Q.

Do you recall investigating a Dina Rutledge?

19

A.

Yes, I do.

20

Q.

What was Ms. Rutledge's position with the Park District,

21

if you recall?

22

A.

I believe she was a park supervisor.

23

Q.

And do you recall when you investigated her?

24

A.

No, I don't.

25

Q.

I'm going to hand you -- and this is just to refresh your

And how many -- and how many times did you determine that

Hester - cross

101

1

recollection.

I'd like you to take a look at it and tell me

2

if that does refresh your recollection about Ms. Rutledge?

3

A.

Yes, it does.

4

THE COURT:

Ms. Holzhall, you handed him exhibit?

5

MS. HOLZHALL:

6

THE COURT:

7

MS. HOLZHALL:

8

THE COURT:

9

MS. HOLZHALL:

It's just to refresh his recollection.

And is it marked?
No, it's not marked.

We can --

So Defense No. 1?
Sure.

Defense No. 1 actually is not

10

being used right now.

11

BY MS. HOLZHALL:

12

Q.

13

refreshes your recollection about Ms. Rutledge?

14

A.

Yes.

15

Q.

And was Ms. Rutledge -- what race or ethnicity was she?

16

A.

African American.

17

Q.

Did you follow the same general procedures investigating

18

Ms. Rutledge as you did investigating Ms. Vega?

19

A.

Yes.

20

Q.

Did you get Oracle information about her residence?

21

A.

It was pulled.

22

receive information about where she does live.

23

Q.

24

information maintained by the Park District?

25

A.

Please take a look at Defense No. 1 and tell me if that

I didn't actually pull it, but I did

Is that typical in investigations, that you do get Oracle

Correct.

Hester - cross

102

1

Q.

Did you check Secretary of State records?

2

A.

Yes.

3

Q.

Did you conduct surveillance?

4

A.

Yes.

5

Q.

Did you check the log book from her park?

6

A.

Yes.

7

Q.

And her -- you pulled her time sheets and looked at those?

8

A.

Yes.

9

Q.

Did you interview her?

10

A.

Yes.

11

Q.

And then did you prepare a report?

12

A.

Yes.

13

Q.

How many surveillances did you conduct of Ms. Rutledge?

14

A.

27.

15

Q.

And how many times did you find that there were

16

discrepancies on her time sheets?

17

A.

Four occasions.

18

Q.

What did you do once you had completed your report on

19

Ms. Rutledge?

20

A.

21

the time.

22

Q.

So did she take over for Ms. Garcia?

23

A.

Yes, she did.

24

Q.

Do you know if Ms. Rutledge is still employed by the Park

25

District?

I turned it over to -- I believe it was Alison Perona at
It was a new counsel.

Hester - redirect

No.

103

1

A.

2

she was not employed.

3

Q.

4

that weren't reflected in your report for Ms. Vega,

5

Plaintiff's Exhibit 47?

6

A.

Yes.

7

Q.

Did you rely on those pieces of video at all in preparing

8

your report?

9

A.

No.

10

Q.

And you never gave information about those videos to

11

management with your report?

12

A.

Ms. Simmons-Gill had asked you about portions of videos

No.

13
14

MS. HOLZHALL:

MS. HOLZHALL:

That's all I have for you, Officer

Hester.

17

THE WITNESS:

18

MS. HOLZHALL:

19

One moment, please.

(Brief pause.)

15
16

Well, I'm not there anymore; but while I was there,

Thank you.
For the record, Defendant's 1 is Bates

stamped 05462 CPD through 05478 CPD.

20

THE COURT:

21

MS. SIMMONS-GILL:

22

Ms. Simmons-Gill, whenever you're ready.
Yes.

REDIRECT EXAMINATION

23

BY MS. SIMMONS-GILL:

24

Q.

Officer Hester --

25

A.

Yes.

EXHIBIT E

1
1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

2
3

LYDIA VEGA,

4
5

Plaintiff,
v.

6

CHICAGO PARK DISTRICT,

7

Defendant.

8
9

)
)
)
)
)
)
)
)
)

No. 13 C 451
Chicago, Illinois
March 10, 2017
3:21 p.m.

EXCERPT TRANSCRIPT OF TRIAL PROCEEDINGS
BEFORE THE HONORABLE JORGE L. ALONSO AND A JURY

10

APPEARANCES:

11

For the Plaintiff:

OFFICES OF CATHERINE SIMMONS-GILL,
LLC
BY: MS. CATHERINE SIMMONS-GILL
MR. MATTHEW CHRISTIAN DOUGLAS
MR. KYLE AURAND
MS. BERNADETTE COPPOLA
111 West Washington Street
Suite 1051
Chicago, Illinois 60602
[phone]

For the Defendant:

McGARRY & McGARRY, LLC
BY: MS. ANNETTE MICHELE McGARRY
MS. MARIANNE C. HOLZHALL
120 North LaSalle Street
Suite 1100
Chicago, Illinois 60602
[phone]

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Nancy C. LaBella, CSR, RMR, CRR
Official Court Reporter
219 South Dearborn Street, Room 1222
Chicago, Illinois 60604
[phone]
[e-mail]

Harper - direct

26

1

these actions and go to places and participate in meetings and

2

tournaments and things like that and procure items for the

3

park.

4

Q.

And what was Ms. Saieva's attitude?

5

A.

Accusatory, as if this was a foregone conclusion because

6

investigators had made statements to her.

7

Q.

Was she interested in the packet of information?

8

A.

She was not engrossed in the packet of information, I can

9

say that.

10

Q.

Thank you.

11

It was your impression that it was a foregone

12

conclusion that Ms. Vega was going to be -- that some

13

discipline was going to be issued?

14

A.

Yes.

15

Q.

Have you been in many investigative meetings with -- I'm

16

sorry -- many CAMs with Ms. Saieva?

17

A.

Yes.

18

Q.

Does she have different attitudes toward different

19

employees, or is it all the same?

20

A.

I can say it can vary.

21

Q.

Pardon?

22

A.

It can vary.

23

Q.

It can vary?

24

A.

Yes.

25

Q.

I think terminology I once heard you use was picks and

Harper - cross

40

1

seen somewhere else very specifically.

It wasn't just a

2

random date or a random time.

3

foundation for the allegation, if you will.

4

Q.

5

irregularities in hearings?

6

A.

Yes.

7

Q.

What is the typical time that such investigation would

8

take?

9

A.

I don't believe there is a standard typical time.

10

Q.

Thank you.

So there was a -- some sort of

Have you represented other employees accused of time sheet

11

During the meeting you had with Ms. Vega and

12

Mr. Hester and Mr. Catlin that you testified about, do you

13

recall that?

14

A.

Yes.

15

Q.

The investigative meeting, it was on the third floor?

16

A.

Yes.

17

Q.

Okay.

18

investigators said that would make you believe they were

19

prejudiced towards Hispanics, were you?

20

A.

That I can recall from them saying in that meeting?

21

Q.

Correct.

22

A.

I don't know.

23

Q.

Can I please direct your attention to your deposition

24

again, Page 74.

25

A.

Sure.

You are not aware of anything that the

Harper - cross

1

Q.

Okay.

2
3

Page 74, line 2:

41

Question, asked by Mr. Brown:

"At this meeting with Vega and the investigators, did
they say anything that you took to believe that these

4

investigators were prejudiced towards Ms. Vega as a

5

Hispanic?

6

"Answer:

7

to each other."

8
9

Not to me, but I don't know what they said

Were you asked that question, and was that your
answer during your deposition?

10

A.

Yes.

11

Q.

Thank you.

12

I don't know what they said to each other, yes.

Was that your answer --

13

A.

Yes, it was my answer, yes.

14

Q.

Thank you.

15

Do you have any idea if the Park District ever

16

followed up on the information that Ms. Vega provided to them

17

regarding her whereabouts during her CAM meetings?

18

A.

19

show us that there was any further investigation into what

20

Ms. Vega had offered.

21

Q.

22

not?

23

A.

No.

24

Q.

Thank you.

25

There was no good-faith effort by the Park District to

Do you have any personal knowledge if they did anything or

Ms. Vega, you said you met with Ms. Vega before you

Harper - cross

42

1

had the meeting with the investigators.

Do you recall that?

2

A.

Yes.

3

Q.

And during that meeting, she handed you or showed you

4

Exhibit 61, correct?

5

A.

Correct.

6

Q.

Did you do anything to confirm the information that is

7

found in Exhibit 61 to know if it was truthful?

8

A.

9

I do not believe that I got witness statements written.

I believe I called some of the people mentioned in there.

10

Q.

Who did you call?

11

A.

I don't recall who I called.

12

who responded to multiple meetings.

13

in here.

14

over the district.

15

Q.

16

people to confirm --

17

A.

Well, I don't say I called all of them.

18

Q.

Okay.

19

A.

No.

20

Q.

Do you know how many you called?

21

A.

I do not.

22

Q.

Do you know when you called them?

23

A.

I could not give you a date.

24

Q.

Do you remember what they said to you?

25

A.

I remember speaking to Ms. Vega and people confirming

There are multiple people
There are area meetings

There are people who would be supervisors from all

And you're testifying today that you called all these