Bradburn et al v. North Central Regional Library District

Filing 41

STATEMENT OF Material FACTS re 39 MOTION for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-I, # 3 Exhibit J-T, # 4 Exhibit U Part 1, # 5 Exhibit U Part 2, # 6 Exhibit U Part 3, # 7 Exhibit V-Z, # 8 Exhibit AA-KK)(Caplan, Aaron)

Exhibit G

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Exhibit H

154

Sally Beesley 1/18/08

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE SARAH BRADBURN, PEARL CHERRINGTON, CHARLES HEINLEN and the SECOND AMENDMENT FOUNDATION, Plaintiffs, vs. NORTH CENTRAL REGIONAL LIBRARY DISTRICT, Defendant. / No. CV-06-327-EFS

DEPOSITION OF SALLY W. BEESLEY Taken on behalf of Defendant

Taken before LISA I. KROON CSR No. 95-0311 January 18, 2008

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BE IT REMEMBERED THAT, pursuant to the Federal Rules of Civil Procedure, the deposition of SALLY W. BEESLEY, was taken before LISA I. KROON, a Certified Shorthand Reporter for Oregon and a Registered Professional Reporter, on Friday, January 18, 2008, commencing at the hour of 10:58 a.m., the questions being propounded and proceedings reported at the Jefferson County Library, 241 SE 7th Street, Madras, Oregon 97741. APPEARANCES MR. DUNCAN MANVILLE 1629 2nd Avenue West Seattle, Washington 98119 [phone] Attorney for Plaintiffs Appearing by telephone KARR TUTTLE CAMPBELL BY MS. CELESTE MOUNTAIN MONROE 1201 Third Avenue, Suite 2900 Seattle, Washington 98101 [phone] Attorney for Defendant
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EXAMINATION INDEX Page Examination by Ms. Monroe Examination by Mr. Manville Further Examination by Ms. Monroe

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SALLY W. BEESLEY, having sworn to tell the truth, was examined and testified as follows: EXAMINATION BY MS. MONROE: Q. Ms. Beesley, my name is Celeste Monroe, and I represent North Central Regional Library. We met briefly this morning, and I haven't asked yet, have you ever had your deposition taken? A. No, I haven't. Q. Okay. Let me run you through some of the ground rules just so that you're comfortable, and if you have any questions, as I introduce some of the rules, please let me know. Generally speaking, you've just been sworn in and so your testimony today is the equivalent as if you were in a court of law. Because everything we're saying is being taken down by the court reporter, I'm going to ask that you try and make all your answers audible as opposed to shaking your head or body language which can't otherwise be picked up by the court reporter. This is supposed to be just kind of a conversation and as is typical in conversations, we may tend to speak over each other, so we want to try, to
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4 57 61

No. 60

EXHIBIT INDEX Item Page Jefferson County Library's vision and mission statement 26 Plaintiffs' First Supplement to Initial Disclosures 27 Computer/Internet Policy 31 Jefferson County Library District Rules of Conduct 37

61 13 14 62 15 63
16 17 18 19 20 21 22 23 24 25

***

the best extent possible, to let me ask my questions; I'll try and let you answer fully so that we have a clean transcript. You may hear your counsel object to certain questions. Unless he directs you otherwise, you -they mark the objection for the record, and then you respond to my question. But certainly any direction you receive from counsel should come through him. Do you have any questions about that? A. No. Q. All right. As I ask my questions, I'm going to assume that you understand what I'm asking unless you tell me otherwise. Please feel free if you don't understand what I'm getting at or you'd like me to rephrase, I'm happy to do so, so just ask. All right. What have you done to prepare for today's deposition? A. I -- well, I had some discussion with Duncan over the phone and I reviewed our Internet policy that's in our policy manual. Q. Okay. Can you tell me briefly what you discussed with Duncan? A. Mostly was logistics of what is in a deposition, you know, how best to answer the questions, that it's best to stick with, you know, what I really

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Q. Do you know what the prior policy was? A. No, uh-uh. Q. How is the administration of the Jefferson County Library set up? Is there a governing board? A. Uh-huh. Q. How many people are on the board? A. There are five people on the board. They are elected. Q. For -- for a term of years? A. Yeah, for two years. Q. Two years. Okay. Who are the current board members? A. The board chair is Stephen Hillis. Q. Uh-huh. A. There's also Susan Stovall; Leslie Weigand, W-e-i-g-a-n-d; Cathy Luther, Cathy with a C; and Marie Glenn. There's two Ns in Glenn. Q. Okay. So Stephen Hillis is the chair? A. Uh-huh. Q. Do the other individuals you've named have titles, for example, secretary or president? A. We have a vice chair. We just changed. I should know this. I'm pretty sure Marie Glenn is the vice chair. Q. And how are they selected?
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A. Yes. Q. So did the board adopt the current Internet usage policy -A. Yes. Q. -- for Jefferson County? A. Yeah, uh-huh. It's been in place since before I got here and they were the ones that did. Q. So you were not there when they adopt -formally adopted the policy? A. That's right. Q. All right. Do you know roughly when that was, when it was adopted? A. Not off the top of my head, but it's dated in the policy manual. Well -- (reading). It's dated November 6, 2001. Q. So understanding that this -- that the date the policy was adopted predates your employment here, you may not know the answer to this question. Do you have any idea whether or not that policy, the Internet use policy, was adopted unanimously? A. I don't know that. Q. Do you attend -- I may have asked you this. Do you attend the board meetings? A. Uh-huh. Yeah. Q. Do you -- what is your role there? Do you have
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A. They're -- they're elected. Q. By whom? A. By the district, by the library district. You know, there's -- you know, there's a vote and people vote for who it's going to be, everybody in the district, so it's on a regular ballot. Q. It's on a ballot? A. Yeah. Q. All four or five individuals are subject to a ballot vote? A. Uh-huh. Q. So do they all live in different parts of the district? Is it geographically based? A. No, uh-uh. Q. Okay. There's just five positions and anyone within the district can run? A. Yeah. Uh-huh. Q. What are the board's duties? A. Their duty is to set policy and to, you know, monitor that the policies that they put in place are being followed, to give direction to the library and -you know, they're on a more broader, more global level. Q. How often does the board meet? A. Once a month. Q. Are you present at those meetings?

a separate title at the board meeting? A. I'm clerk of the board. Q. And what do your job responsibilities include with respect to that? A. Mostly -- I print up the agenda for the meeting and I prepare any documents that need to be prepared for it, and I usually e-mail those off to the board a week to five days before the meeting and, you know, just assimilate any information that they need at the time. I have been also a person that takes minutes, but I usually have another staff member actually come and take minutes now. It's difficult to do both. Q. It's hard to concentrate -A. Yeah, and write everything down at the same time. Q. -- on what's going on. How many Internet accessible computers are there in the Jefferson County Library? A. Public? Q. Yes. A. Six. Q. And Internet access at all six computers is unfiltered, correct? A. That's correct.

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Q. Is there a staff member who is in charge of collection development or is there collection manager? A. Officially, probably not, but we do have one member that does most of the collection development -well, it's divided up. Q. And how so? A. Well, there's a youth services librarian and she, of course, does for all of the children's and young adult books. And we have a Spanish services coordinator who does all of the collection for our -- our books and materials that are in the Spanish language. And then DeRese Hall is kind of our acquisition's person. She usually decides, you know, what to buy and purchases it, but most of the staff gives her ideas and we also take a lot of suggestions from the public, so... Q. Is there a formal request process for patrons who are seeking materials? A. Yeah, we do have a little form that they can fill out and, I think, request that we can purchase. Q. And is that for all materials, books, videos, periodicals? A. Yes. Q. Anything that that does not apply to, the form?
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Q. Do you recall any instance where someone has made a request to purchase -- or to have you purchase any sort of material, whether it be book, periodical or video, that you elected not to purchase on the grounds that it was inappropriate content? A. No, uh-uh. Q. Is that because you haven't -- aren't aware of such a request or there hasn't been -A. I don't think there's really been a request where there has -- you know, it was for inappropriate content. Q. How is it determined whether or not something will be purchased once one makes the request and, let's say, you decide this is a good idea, this is a book that's on the New York Times Best Seller, we've got a lot of interest, then what happens? What's the process? A. After we decide to get it? Q. Yeah. A. The book is ordered. Q. Is there a budget -A. Yeah. Q. -- specifically for those materials? A. Well, we just have a general budget. Regardless of how the book was chosen, we just have a
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A. Well, it applies to everything. Q. Do you get a lot of -- "a lot" is kind of hard -- vague. Do you have frequent requests for materials, for example, on a monthly basis? A. I would say not. We maybe get -- maybe a couple a week, if that, which I don't think is excessive or a lot. Q. How do you determine whether or not to purchase an item? A. An item? It is -- we do have a policy on that. We do try to get things that are on the top ten list, Publishers Weekly list, you know, things that -- you know, as far as nonfiction goes, things that are going to -- you know, that are really popular. We do that with fiction as well as with nonfiction. Also kind of based on, you know, what the collection -- especially nonfiction, you know, is a certain section, does it need updating, are the books getting too, you know, outdated or is there just not enough on a particular subject so we need to, you know, get that on order. Sometimes if something really good in that particular subject has just been published, we'll get that and probably get rid of something that's not getting used as much.

general budget for all the books. Q. Who would be involved in the decision of whether or not to acquire an item? A. Usually our acquisition's person does that, but if she has questions, she'll either ask me or maybe one of the other staff members who may have more knowledge in that particular area for -- you know, get an opinion, something like that. Q. What is the mission? Is there a formal mission, a written mission, for the Jefferson County Library? A. Uh-huh. Q. And what is that in your own words? A. In our own words, it's basically to provide access to information, to provide educational, recreational opportunities for the public, to, you know, provide I think a gathering place is also part of it, if I remember correctly. Q. And I think I actually saw something online and I wanted to verify -A. Yeah, you saw online. Q. Okay. So I'm going to go ahead and introduce this as an exhibit. Sorry, Duncan, I didn't give you the heads-up on that one, but it is online.

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MR. MANVILLE: Yeah, that's about right, and also just how the computer terminals have been set up in terms of whether the access is filtered or unfiltered, that sort of thing. We're not -- we wouldn't be looking for Sally to be testifying about any more technical issues. MS. MONROE: Okay. And that's what I thought. BY MS. MONROE: Q. Are you comfortable with that? A. Yeah, yeah. That's fine. Q. The next part of that sentence reads that you would have information regarding how the JCLD's Internet policies and procedures have been implemented. A. Uh-huh. Yeah. Q. You're comfortable with that? A. Yeah. Q. At least to the extent of time that you've been here, correct? A. Yes. Q. All right. The next part of the sentence suggests that you have information regarding your own experience working with Internet policies, procedures and filters. Do you feel comfortable testifying to that? A. Uh-huh. Yes.
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as to two hours per week. That's the only other exception. Q. So point No. 2 is in the process of being changed but has not been formally adopted? A. Well, the -- it's been adopted, but the policy manual itself has not been updated yet. Q. All right. So I think your prior testimony was that this -- as it appears on Exhibit 62, that this policy was adopted in November 2001? A. Uh-huh. Q. Do you have any idea whether or not this -- the current policy in Exhibit 62 has changed in any way since 11 of 2001, meaning was there a prior iteration of this policy? A. Before 2001? Q. Before -- before how it appears in Exhibit 62. A. I don't know. Q. Was this the same policy as when you started three years ago? A. Yes, it is. Q. Okay. And, again, you were not involved in drafting or proposing this policy, correct? A. That's correct. Q. Do you know of the five board members that you previously identified which of those individuals was
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Q. And, finally, that you would have information regarding the consequences, if any, of providing unfiltered Internet access at the JCLD's computers. A. Yes. Q. Yes, you would feel comfortable testifying to that? A. Uh-huh. Yes. Q. Okay. Great. So let's take some of these things individually, and let's start by introducing the actual computer/Internet policy. (DEPOSITION EXHIBIT NO. 62 was marked for identification.) BY MS. MONROE: Q. Ms. Beesley, the court reporter has just handed you what is marked Exhibit 62. Please take a minute to review this document and let me know if this is the current computer/Internet policy for the Jefferson County Library District. A. (Reading.) This is our -- our current policy. The only exception -- and we are in the process of updating our policy book -- is on -- under No. 2 where it says they can sign up for a maximum of two one-hour slots per week. We have changed that so they can have one hour per day. That's not -- and there's no limit

involved in implementing this computer/Internet policy? A. I know that everybody except for Cathy Luther was a board member at that time. I could be wrong. Steve Hillis might have come on later. Q. So based on that answer, then, their terms are two years but they can be -- board members can be -A. Reelected. Q. -- reelected? A. Yes, they can. Q. Is that an indeterminate amount of time? Could they continue to run and be elected for any number of years or is there a limit? A. There's no limit. Q. Okay. So the first paragraph of the policy sets out the -- the terms of use with respect to the -the aspect -- let me strike that. It appears that the first paragraph sets out the rules with respect to filtering. A. Uh-huh. Q. Is that correct? A. Pretty -- yeah, I think that's an accurate assessment. Q. Okay. And my reading of this policy is that -and based on your prior testimony -- is that the library does not monitor the computers and that there

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is no filter on the computer; is that correct? A. Well, that is true. Although the word "monitor" might be interpreted a few different ways or defined different ways. Q. So where the policy itself reads in the third line, "The library does not monitor the computers and has no control over information accessed through the Internet," is there some difference in how you are using the word "monitor"? A. What we're saying there is, you know, we're not -- we're trying to explain to the people that what they access on the Internet may or may not be accurate. It may or may not be reliable information. You know, we have -- I think it's, you know, saying we don't have control over what's on there, and so -- and I think that's a way they use the word "monitoring" there. Q. Okay. Which would be supported by the next sentence which reads, "Valuable information is available through the Internet, but not all sites are accurate, complete, current or free." A. Yeah. Q. Correct? A. Uh-huh. Q. Okay. The next sentence reads, "Many sites may carry information some consider inappropriate."
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There's -- you know, if somebody's looking on information on the war in Iraq, they're going to get violent pictures. If -- you know, but on the other hand, if somebody's just looking for something very sadistic, you know, there's -- so how -- it would depend, you know, on how -- I don't know if you could say purpose, you know. I could see where some violent content might be -- you know, that's a tough one to answer because if they are looking for something legitimately, information on the Iraqi war or if they, you know, wanted to see -- you know, if there's an earthquake somewhere and they wanted to see what's going on, is that appropriate for a library or not, I would guess it would probably be considered appropriate. Q. Okay. So is it your testimony, then, it would depend on the nature of the site and/or the intent of the user? A. In my personal opinion, yes. Q. The last line of the policy reads, "Anyone who violates the computer/Internet policy can be asked to leave and/or forfeit library privileges. The library will decide duration of the disciplinary action." Is it fair to say that if you or your staff observe someone viewing something that you think is
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Do you have any other document or policy defining the word or term "inappropriate"? A. No. Q. What does that word mean to you? A. Inappropriate? Q. Uh-huh. A. To me that would mean pornographic sites. Q. Does that mean beyond -- strike that. Does that include child pornography? A. Yes. Q. And other pornography not involving children? A. That's correct. Q. Is there any other content beyond pornographic content that you would personally consider inappropriate for this library setting? A. I personally would consider inappropriate? Q. (Nods head.) A. I would also consider inappropriate language, foul language, as inappropriate for a library setting. Q. What about content depicting extreme violence? A. Written or -Q. Visual. A. -- visual? Q. Visual depictions. A. That's a good point. But that's a tough one.

inappropriate, they can be asked to leave? A. That's correct. Q. Do you have specific instances where that has happened? A. Where people have been asked to leave? Yes. Not very often. Usually what we do is tell them that the sites that their vision -- that they are viewing aren't appropriate for a library setting and ask them to stop. And as long as they, you know, stop whatever they're doing, they're allowed to stay on. If it's an ongoing problem or they refuse to, then we would ask them to leave, but that rarely happens. Q. Is it -- is it fair to say that whether or not something is inappropriate or appropriate for a library setting is based also in part on your -- the library's rules of conduct policy? Are those to be read together? A. Yeah, they -- I would say that would be an appropriate answer. Q. Okay. A. There's -MS. MONROE: Let's introduce that, rules of conduct. (DEPOSITION EXHIBIT NO. 63 was marked for identification.)

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BY MS. MONROE: Q. You've been handed Exhibit 63. Please review that briefly and let me know if this is the current Jefferson County Library rules of conduct policy. A. Yes, this is our current rules of conduct. Q. Okay. So we've just discussed how the computer/Internet policy and the rules of conduct policy may be read together to potentially inform the staff or yourself on what is or is not appropriate. A. Uh-huh. Q. Can you point out specific paragraphs within the rules of conduct policy that you think you might point to if an individual was, for example, in the library viewing pornography? A. Well, under 1, the second item where it says "displaying obscene materials" would be one. I think that's the one most directly -Q. Would you consider someone viewing pornography at the library at a personal computer to be potentially disturbing other library users who might be seated next to them? A. Yeah. Q. Okay. So in that respect, would also under rules of conduct policy 1(a)(i), willfully disturbing other users, might that be another -Page 39

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A. Yes, as defined by Oregon law. Q. And what about the viewing of obscenity? A. Yeah, if -- you know, anything that's, you know, contradicting anything that's in the state or federal law, of course, would not be considered appropriate library activity. Q. Although I can see the computers from where I'm sitting, for the record -A. For the record. Q. -- I want to make sure that we understand how the computers are configured. So you said there's six library computers? A. Uh-huh. Q. Can you explain generally where those computers are in the building relative to the circulation desk. A. Okay. As you're facing the circulation desk, they are just off to the right. They're in a -- a very public area. They're just in a row side by side. We are limited for space, so we do have them fairly close together. Q. Do you utilize any -- strike that. Do you take any special precautions with respect to patron's privacy? For example, do you use recessed desks? A. No, we don't.
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A. In a general sense, yeah, it could. Q. In the first paragraph, I noted that -- there's a sentence that reads, "Persons not engaged in normal library activities may be asked to leave the building." Can you explain to me what that sentence means to you, "normal library activities," that phrase? A. Normal library activities would be, you know, involved with -- you know, looking for books or reading or, you know, other materials or using the public computers. Studying would be approp- -- wouldn't be a normal activity. Q. Or would be? A. It would be, yeah. Q. Okay. What would not be a normal library activity? A. A normal library activity -- would be loud conversations, eating or just loitering; sleeping would be not -- would not be one. Q. Okay. A. And certainly any illegal activities on a public computer would not be considered a normal library activity. Q. So do you -- when you say "any illegal activity," do you personally believe that that includes the viewing of child pornography?

Q. Do you use privacy screens? A. No, we don't use that either. Q. Okay. So is it possible if I walk by the computers just casually as they sit in this environment to see what anyone would be looking at on the Internet? A. That's correct. Q. Okay. What is your opinion with respect to the level of privacy afforded a patron in a public library? A. There's very little privacy in this particular library. It is -- as -- since libraries are public buildings and pretty much anybody can go anywhere, I would say there's not a lot of privacy in a public library. Q. Okay. So you haven't taken extra steps to, for example, install recessed desks or privacy screens to ensure that only the individual sitting -- or attempt to ensure that only the individual seated at the computer can see the content on the screen? A. That's correct. Q. Okay. Is it common practice for staff to occasionally walk by to monitor what is -- what patrons are viewing on the Internet? A. Not formally or -- you know, we don't have anything that says we are going to check every 15 minutes or so, but in the course of their other duties,

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they do occasionally check to see what, you know -- or just glance to see if there's any inappropriate content at all. We, of course, don't get close enough to actually read text. You practically have to lean over their shoulder to do that which would -- which would not be a best way to do things. Or if we have reason to suspect that something is going on, if -- or if there's a gathering of people around a particular computer and it's getting a little noisy or boisterous, often somebody will go over and ask them to break up or, you know, ask them to be quiet, and in the process of doing that they may also, you know, notice what is on the screen at that time. Q. Okay. With respect to general experience with the Internet computers here, how typically are concerns about inappropriate content brought to the attention of staff? A. There are a couple ways. Staff will often notice it as they're in the course of their other duties, and on occasion some of the volunteers who are here will mention to a staff member that they saw something they judge to be inappropriate on a computer. Sometimes -- although not very often -- a person sitting next to somebody might come to the desk and report something.
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Q. Do you know if your staff shares your opinion? A. There are varied opinions within the staff. Q. And what are those varied opinions? A. Some opinions -- some of the staff are very much supportive of unfiltered access. Others would prefer filtered access. Q. And do you know why they would prefer that? A. The ones who would prefer filtered access feel that way because then inappropriate content is filtered, for the most part, and it -- it kind of does their job for them. They don't have to go to people and say that's not an appropriate site for this library setting. Those who do want unfiltered access, their philosophy -- or, you know, the people -- is that the filters often filter out things that, inadvertently, that really don't need to be filtered. For example, often medical things will get filtered out due to, you know, wording or nudity involved with it which wouldn't be pornographic but might still deny -- you know, create it so they can't get access to it. And staff members who just have a -- generally a more liberal view that if these are -- you know, this is what the patron is looking for, that's their business. Q. So the staff has varied -- by your own words -Page 45

Q. How frequent are complaints about patrons viewing inappropriate content on the public use computers? A. I'd say they're infrequent. Q. Okay. And what does that number -- can you -A. Maybe a few a year. Q. And is that inclusive of staff noticing it, volunteers noticing it and patron complaint? A. I'd say that's patron complaint. Staff or volunteers noticing things would probably be a little bit more common. Still I would say it's not real often. Q. Once a month? A. Every other month maybe. Yeah, once a month, every other month. Q. Are you personally comfortable with the Jefferson County Library District's Internet policy of not filtering? A. I'm comfortable with it. I think that the -the way we're working with it now works, I think. But I would also like to say that I think that providing filtered computers for those parents who would prefer that their children have filtered access is worth looking into, similar to what Deschutes County is doing.

varying views on the subject? A. Yeah. There are those that are definitely either for or against. Q. So the ones who are for it, is it your testimony that it's -- you had said because it helps them do their job. Is that also because it limits confrontation with patrons? A. Yes. Q. You had said that you might be a proponent of providing filtering for kids similar to how Deschutes County operates their filter. Do you have any opposition to filtering for adults on any level? A. Do I personally have? Q. (Nods head.) A. I don't have any opposition to it, no. You know, I've worked in libraries where it's been both ways, and there are ways to make it work either way. Q. Okay. So would you be opposed to a filter, for example, that blocked pornographic images for all users? A. I wouldn't be opposed to that, no. Q. Okay. Do you know, did the Jefferson County Library District ever consider a filter? A. Not that I'm aware of.

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confrontation -Q. Okay. A. -- for them. Not from unfiltered. Q. Okay. Are you aware of any instances at the JCLD in which there has been a confrontation between library staff and an adult patron who was viewing material online that was inappropriate under the library's rules of conduct policy? A. There have been occasions where staff member has gone -- has gone to a -- a person and said you need to, you know, leave that site; it's not appropriate for the library setting or, you know, whatever wording they used. And as far as I know, everyone that they've ever asked, you know, to stop viewing the site that they were on or asked them, you know, to take that site off the screen have, you know, gone along with it and, you know, done what the staff member asked them to do without any incident. Q. Okay. A. So, I mean, there's -- you know, so if you're calling that a confrontation, yes, staff has had to say to people, you know, you can't -- you know, that's not appropriate; an inappropriate site. So in that sense it's a confrontation, but did it become an issue, no, uh-uh. In just about every case that I can think of
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the word -- opinion or statement on what works without knowing their particular policy. Q. Okay. So, for example, you would be able to testify regarding alternatives that have been implemented at libraries where you've worked, alternatives to filtering? A. Yeah, I could testify as to -Q. That alternatives have been implemented? A. Yeah, that there are alternatives out there, yes. Q. Okay. And you would be able to testify as a fact witness regarding what the JCLD's Internet policies and procedures are, correct? A. Correct. Q. And how the JCLD's computer terminals have been configured, right? A. Yes. Q. And how the JCLD's Internet policies and procedures have been implemented, correct? A. Correct. Q. And what the consequences of the implementation of those policies have been at the JCLD, correct? A. Yes. MR. MANVILLE: Okay. I think those are all the questions I have. Thanks.
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the person said, oh, okay, fine, and immediately left the site and did something else. Q. So your testimony earlier, that some of the librarians would prefer to not have to go up to a patron and say could you please stop looking at that material? A. That's true. And if they're filtered, the likelihood that they were looking at inappropriate material would be less. Q. Okay. You also testified, I believe -- and correct me if I'm misstating this -- but that in general it would be helpful to know something about the North Central Regional Library District's policy and community to testify in this case. Is that what you said? A. I think what I thought I said was if I knew things like that -- what did I say? I can't really remember. It just -Q. Well, I guess -- let me ask you this: Do you think that you need to know anything about the NCRL's policies and community to testify as a fact witness regarding the matters described in Exhibit 61? A. No, I don't think -- I mean -- boy, that's a tough one. I think I can still give an overall -- what's

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THE WITNESS: Okay. MS. MONROE: Hang one sec. FURTHER EXAMINATION BY MS. MONROE: Q. Okay. Really quickly. Do you understand that the lawsuit that was brought by the plaintiffs in this case is what's called a declaratory action, meaning they're asking the court to force NCRL to remove its filter completely at an adult patron's request? Did you know that? A. I believe I did. Q. Okay. A. It's been awhile since I talked to anybody about it, but I think that I understood that, yeah. Q. Okay. And presumably your testimony is, as counsel says, to show an alternative to filtering because you don't have a filter here, correct? A. Correct. Yeah, to demonstrate that we are doing -- we're using different tools. Q. Okay. And those tools, you know, are presumably effectuating your library district's policy, correct? A. Uh-huh. Q. Okay. A. Yeah.

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Q. Do you have any opinion, as you sit here today, as to whether or not NCRL's policy with respect to filtering is furthering their specific mission? A. I don't know. I haven't really -- I don't have an answer for that. Q. Okay. So you don't have an opinion on that? A. Correct. MS. MONROE: Okay. I have no further questions. MR. MANVILLE: Okay. I have no more questions. I think we're done. (Deposition concluded at 12:42 p.m.) ***

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STATE OF OREGON ) ) COUNTY OF DESCHUTES ) I, LISA I. KROON, do hereby certify: That SALLY W. BEESLEY, in the foregoing deposition named, was present and by me sworn as a witness in the above-entitled action at the time and place therein specified; That said deposition was taken before me at said time and place, and was taken down in shorthand by me, a Certified Shorthand Reporter of the State of Oregon and a Registered Professional Reporter, and was thereafter transcribed into typewriting, and that the foregoing transcript constitutes a full, true and correct report of said deposition and of the proceedings that took place; IN WITNESS WHEREOF, I have hereunder subscribed my hand this 23rd day of January 2008.

_______________ ____________ LISA I. KROON, CSR No. 95-0311 Registered Professional Reporter

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE ____________________________________________________________ ) SARAH BRADBURN, PEARL CHERRINGTON, ) CHARLES HEINLEN, and THE SECOND ) AMENDMENT FOUNDATION, ) ) Plaintiffs, ) NO. ) CV-06-327-EFS vs. ) ) NORTH CENTRAL REGIONAL LIBRARY ) DISTRICT, ) ) Defendant. ) ____________________________________________________________ DEPOSITION UPON ORAL EXAMINATION OF SARAH MARIA BRADBURN ____________________________________________________________ TAKEN ON: TAKEN AT: Monday, August 13th, 2007 Omak Library 30 South Ash Omak, Washington 1:42 P.M. 2:55 P.M.

START TIME: END TIME:

REPORTED BY:

BARBARA J. SCOVILLE, CCR, RPR CCR NO. 2124

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE ____________________________________________________________ ) SARAH BRADBURN, PEARL CHERRINGTON, ) CHARLES HEINLEN, and THE SECOND ) AMENDMENT FOUNDATION, ) ) Plaintiffs, ) NO. ) CV-06-327-EFS vs. ) ) NORTH CENTRAL REGIONAL LIBRARY ) DISTRICT, ) ) Defendant. ) ____________________________________________________________ DEPOSITION UPON ORAL EXAMINATION OF SARAH MARIA BRADBURN ____________________________________________________________ TAKEN ON: TAKEN AT: START TIME: END TIME: Monday, August 13th, 2007 Omak Library 30 South Ash Omak, Washington 1:42 P.M. 2:55 P.M.

S. BRADBURN> 081307C>
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1 INDEX 2 In re: SARAH BRADBURN vs. NORTH CENTRAL REGIONAL LIBRARY Case No.: CV-06-327-EFS 3 Date: August 13th, 2007 4 5 6 7 TESTIMONY 8 EXAMINATION PAGE NUMBER 9 By Mr. Adams 4 10 11 12 13 14 EXHIBITS 15 14 Notice of Deposition of Mrs. Sarah 38 Bradburn 16 15 Sarah Bradburn's Objections, Answers 38 17 and Responses to Defendant's First Interrogatories and Requests for 18 Production 19 20 21 22 23 24 25

REPORTED BY:

BARBARA J. SCOVILLE, CCR, RPR CCR NO. 2124

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1 APPEARANCES: 2 FOR THE PLAINTIFFS: 3 MR. DUNCAN MANVILLE, ESQ. RAFEL MANVILLE, PLLC 4 Attorneys at Law 999 3rd Avenue 5 Suite 1600 Seattle, Washington 98104 6 [phone] 7 8 FOR THE DEFENDANT: 9 MR. THOMAS D. ADAMS, ESQ. KARR TUTTLE CAMPBELL 10 Attorneys at Law 1201 Third Avenue 11 Suite 2900 Seattle, Washington 98101 12 [phone] 13 14 15 16 ALSO PRESENT: MR. DEAN MARNEY MR. DAN HOWARD 17 18 19 20 21 22 23 24 25

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BE IT REMEMBERED that on Monday, August 13th, 2007, at 1:42 p.m., at Omak Library, 30 South Ash, Omak, Washington, the testimony of MRS. SARAH MARIA BRADBURN was taken before Barbara J. Scoville, Certified Court Reporter and Notary Public. The following proceedings took place: SARAH M. BRADBURN, being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified as follows: EXAMINATION BY MR. ADAMS: Q. Would you state your full name, please. A. Sarah Maria Bradburn. Q. Okay. Mrs. Bradburn or Ms. Bradburn? A. Mrs. Q. Mrs. Bradburn, my name is Tom Adams, and we had a chance to meet just a moment ago. And I'm the lawyer that's representing North Central Regional Library District in this lawsuit that has been brought by you and others here in Federal Court for the State of Washington. And we're here today to

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find out a little bit about your particular role in that lawsuit and maybe find out a little bit more about the facts that support your particular claims. Okay? A. Okay. Q. Have you ever had your deposition taken before? A. No. Q. Okay. Let me try to dispel some of the mystery, if I can, just a bit. As you can see, we're going to have a little bit of a discussion through a question-and-answer dialogue. And our court reporter over here is going to take down everything that is said, both my questions and your answers. And you have been put under oath, you realize; correct? A. Correct. Q. Okay. And it's important for you to understand that that oath has the same meaning, the same import, here in this conference room as it would in a federal district courthouse in some other location. Okay? A. Okay. Q. Okay. A couple of other ground rules to remember to make this process work as smoothly as it should and it usually does, please remember to answer audibly
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only ask that you wait until there's not a question pending before you ask for that break. And if that's the case, then I'm happy to provide you a break as often as you want it. Okay? A. Okay. Q. All right. Have you ever been a party to civil litigation before at any time? A. No. Q. Okay. How about criminal litigation? A. No. Q. And you've given us your full name. Do you have any other names that you've gone by previously, any aliases or other legal names? A. My maiden name. Q. Okay. What was that? A. Kulotta. Q. How do you spell that? A. K-u-l-o-t-t-a. Q. Okay. Are you married now? A. Yes. Q. Okay. How long have you been married? A. Five years. Q. Congratulations. And your husband's name? A. Steve. Q. Okay. And were you married before that?
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when you're answering a question. A nod of the head or a "uh-huh" or a "huh-uh" is difficult for our court reporter to interpret. And it's human nature. Everybody falls back on some of those nonverbal responses sometimes. And if I prompt you now and then, it's not because I'm being rude. It's just to help make a better record. Okay? A. Okay. Q. Okay. If I ask a question that you don't understand, please tell me, and I'll rephrase my question in some way that's perhaps more helpful to you. Okay? A. Okay. Q. A couple other things: I will be sure not to interrupt your answer before I ask another question. And by the same token, I would ask you not to interrupt a question before I am finished asking it. Fair enough? A. Fair enough. Q. That way the court reporter doesn't have to figure out who said what when and it makes for a more streamlined record. Okay? A. Okay. Q. If you want to speak privately to your lawyer, Mr. Manville, you're welcome to do that. I would

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A. Q. A. Q. A. Q. A. Q. A.

No. Okay. So this is your first marriage? Correct. Okay. And what is your date of birth? 4/5/50. Okay. And your address, please. 26 Heron Loop, Republic, Washington 99166. How long have you lived there? October of 2000. What does that make it, seven years? Almost seven years. Not quite seven year. Q. Okay. Prior to that, where did you live? A. 71 McKeen, Republic, Washington. Q. Okay. Approximately from when to when? A. From '98 to 2000. Q. Okay. And before '98? You don't have to have the street address, just the town if it's a different town. A. No, same town. Q. Okay. You've been a long-time resident of Republic, it sounds like. A. I came to northern Washington in '90 but not Republic. Q. Okay. A. The Okanogan Valley. Q. Okay. Do you have any children?

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A. No. Q. Okay. I asked you about other legal names that you've had over time; and you've provided your name, of course, as well as your maiden name. Do you have any screen names or online pseudonyms that you use on the Internet? A. No. Q. Okay. Have you ever posted to a blog? A. No. Q. Do you know what a blog is? A. I think I understand those now. Q. Okay. Do you use e-mail? A. I do. Q. Okay. What's you're e-mail name? A. It was [e-mail]. Q. Okay. Do you have a new one? A. I don't have any at this time. Q. Okay. Do you have a computer at home? A. No. Yes, but it's just to write my papers at school. It's not connected. It's a word processor. Q. Okay. So you don't have Internet access at home. A. No Internet access. Q. Okay. We'll come back to that in a minute. Tell me a little bit about your educational background. A. I have a BA in communications visual arts, four
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and have been dying things. Q. Very pretty. A. Thank you. Q. And you are studying now toward a certification through Eastern Washington University in, what, counseling others for chemical dependency; is that right? A. That was four years ago. Q. Okay. So you're not still engaged in that course of study? A. No. Q. I'm sorry, do you have that certification? A. I don't. Q. Are you intending to get it? A. I am uncertain at this point. Q. Okay. How far from obtaining that credential are you? A. One credit. Q. One credit, okay. Other than what you've described, have you taken any kind of a postgraduate course of study anywhere? A. No. Q. Did you attend high school in the San Diego area? A. No. Q. Where did you attend high school?
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quarters toward a master's in final arts, and 44 credits toward a chemical dependency professional certification at EWU. Q. Where did you get your BA in visual arts? A. UCSD. Q. And where did you do your study toward your master's? A. UCSD. Q. Did you ever put your art background or your art training to work? A. Not exactly. Q. Okay. In any sense? A. Not yet. Q. Okay. What kind of artistic training or orientation do you have? Was it photography? Painting? Some other type? A. The mediums I used in school were video and photography and performance. Q. Have you been an artist of any kind since you've lived in the State of Washington? A. Fiber art. Q. What is that? Tell me what that means. A. I dyed the yarn for this bag. And my dog died March 5th and I dyed the yarn and knitted and felted it. And then I moved on to Shibori work with silk

A. Q. A. Q.

Baltimore, Maryland. Okay. What year did you graduate? '68. What year did you get your degree from UCSD, your BA? A. I believe it was 1980. Q. Do you hold any kind of professional credential that we haven't already talked about? A. No. Q. Do you have a Washington driver's license? A. Yes. Q. Okay. Do you have an NCRL library card? A. Yes. Q. Okay. When did you get the library card by the way? A. When they started giving them out. Q. Four or five years ago, something like that? A. Something like that. Q. Okay. Are you currently employed? A. No. Q. Okay. When were you last employed, if at all? A. July 31st. Q. Last month? A. Correct. Q. Okay. What were you doing at that time? A. Chemical dependency treatment.

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marked previously in another deposition. This is Deposition Exhibit 6. Tell me if that letter looks familiar to you, Mrs. Bradburn. A. I don't remember this letter in particular. I would doubt that I saw this letter. Q. Why is that? A. It's dated October 31st, 2000. I met my husband in November 4th of 2000, and he is actually probably the only one as -- listed as an ACLU member. I don't know that I am. I may be. Q. Okay. A. But that was previous to my husband, and I wasn't getting letters from the ACLU at that time. Q. Okay. But you do remember seeing letters addressed to you from ACLU? A. My husband received a card -Q. Okay. A. -- and I responded to that. Q. Okay. Is your membership in ACLU -- Well, I guess I'm a little confused. Are you a member or is your husband a member or do you know? A. I really don't know. Q. Okay. A. We get mail and some of it is addressed to both of us and some is just addressed to him and some, you
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Q. It all blurs together. Do you belong to any other organizations besides ACLU? A. I'm a member of Alcoholics Anonymous. Q. Okay. Anything else? A. I have a membership to the gun club in Republic. Q. Okay. Are you a member of the Second Amendment Foundation? A. No, I'm not. Q. Okay. Are you familiar with Pearl Cherrington? A. No. Q. Charles Heinlen? A. I vaguely recognize the names. But, no, I don't know them. Q. Okay. You mentioned a moment ago your husband showed you the postcard. And you indicated in response or as part of a conversation with him that, yeah, you had had "a problem," quote unquote, with the Internet filtering at the NCRL branch in Republic; is that right? A. Uh-huh. Q. Is that "yes"? A. Yes. Oh, sorry. Yes. Q. Okay. Tell me about that. What specifically did you encounter that you characterize as "a problem"? A. When I was a student for the year that I went to
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know, obviously just to me. Q. Okay. A. I consider myself part of the ACLU as his wife. I mean, I support the ACLU. Q. Uh-huh. A. Did I sign a card to say I'm an ACLU card-carrying member? I don't know. I probably didn't. Q. I bet you could at any time if you wanted. How did you become involved in this lawsuit? A. My husband received a card in the mail. It was a little postcard. It was not that letter. It was a little postcard that said, "Have you ever had any trouble with the filters on the library?" And he said, "I haven't. Have you?" And I said, "You know, I think I have." And I filled it out and here we are. Q. Okay. When did those postcards come around to the best of your knowledge? A. That's what I was saying. I think it was 2004 or five. Q. Okay. All right. A. It just -- My head for dates, specific dates and times, is a little fuzzy. I'm sorry, but I don't carry one of those little date calculators around in my head, and time flows quickly.

Eastern, I commuted. I went to Eastern for the week and commuted back to Republic on weekends. So some of the assignments that I had, it was important for me to do as much as I could over the weekend as well as during the week. I went to the library to find the research I needed on a particular paper. It was a prevention class on teenage use of tobacco. And I typed in "tobacco use by teenagers" or "teenage use of" -- you know, "teenage tobacco use" or "adolescent tobacco use," some particular form of those words or maybe many of those and got nothing. And I -- I didn't have enough computer savvy to know why I got nothing. I didn't know that the Internet was the same here as there, so I just concluded that I couldn't do my work in Republic. And when I went back to Spokane during the week, I went to the Spokane library and got oodles of information. Q. Typing in the same search? A. Yes. Q. Exactly the same search? A. Yes. Q. When you say you "got nothing," what do you mean? A. No articles. Nothing came up. I got nothing. Q. What showed on the screen? A. I don't recall.

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Q. Did anything pop up indicating to you that you were being blocked? A. Not that I recall. I just really had no idea why I got no information. I thought it a little odd, but I just waited until I went to Spokane and did the research there. And it didn't -- it didn't ever -- you know, I didn't dwell on that. I didn't think about that at all until this card came, and I went -- then it kind of connected in my head, "Oh, that's why I got no information." Q. But you don't recall seeing anything indicating that the sites that you were attempting to access were blocked or -A. I don't recall that, no. Q. Okay. You're talking about a search that you may have entered on Google or some other search engine -- is that right? -- or a particular Web site address? A. No particular Web site address. I didn't have one. Q. Okay. You were just doing a search. A. A search. Q. Okay. Did you ask the librarian at the Republic branch about what you were encountering? A. No, I didn't.
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Q. Are you familiar with the NCRL Internet Use Policy? A. Not specifically. Q. Let me show you a document that we have marked in a previous deposition as Exhibit 3. Take a look at that, Mrs. Bradburn, and let me know when you've had a chance to review it generally. A. Okay. Q. Have you seen this document before? A. I believe it might be posted at our library. Q. Okay. In Republic? A. Uh-huh. Q. And you think you might have seen it near the computer terminal or somewhere in the library? A. Somewhere in the library. Q. Okay. So you've read this before today. A. I think I have. Q. Okay. Is it fair to say that you were aware that the Internet was being filtered when you sat down to use it? A. I think I understood that, but I didn't understand the extent of it. Q. When you sit down at a terminal and you log on, are there screens that you have to go through? A. Yes. Q. What do those screens say? What do they tell you or
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Q. Okay. Did you think -- did you think about doing that, or did you just not think about it? A. No, I just didn't do it. Q. Okay. A. I didn't think about doing it, and I -- it never occurred to me. Q. Okay. Are we talking about a single occasion when this occurred? A. Yes. Q. Okay. Apart from that, have you ever had any other instance of not being able to get from the Internet what you thought you should be able to get at the Republic branch? A. No. Q. Okay. Have you been to other branches within the NCRL system? A. Ever? Q. Uh-huh. A. Yes. Q. To use the Internet, I mean. A. Probably not. Q. Okay. So your experience with the Internet, the NCRL's Internet services, have been at the Republic branch. A. Correct.

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ask of you? Do you have to enter information, who you are or your password or anything like that? A. Yes. I think you have to enter the last four digits of your phone number. Q. Okay. Are there any other statements or permissions that you have to accept or agree to, to proceed? A. Gosh, I don't remember. Q. You just kind of click through them and off you go? A. Yes, I guess. Q. Okay. Are you aware of NCRL's procedures, mechanisms, that a patron is free to invoke if the patron runs across a Web site that is blocked because of the Internet policy? A. I've heard that you can fill out a request card now requesting that you be allowed access to a site. Q. Okay. Have you ever taken that step? A. No. Q. Okay. Have you ever seen the form that you're describing? A. No. Q. Let me show you a document that we marked in an earlier deposition that as Exhibit Number 2. Take a look at that if you would, please. A. Okay. Q. So have you seen a document similar to Exhibit 2

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software? A. No. Q. Okay. Or what categories were filtered by NCRL using that software? A. No. Q. Do you know anything about how Fortinet classifies particular Web sites within certain topical areas or other topical areas? A. No. Q. Okay. Having been a substitute librarian for a time in Republic, do you have a thought about how libraries -- how NCRL goes about making content-based decisions in determining what is in or not in its collections? A. No, I don't. Q. Have you ever -- Were you ever a part of any collection decisions? A. No. Q. Okay. Are you familiar with NCRL's mission statement, Mrs. Bradburn? A. Off the top of my head, no. Q. Let me show you a document that we've marked previously as Exhibit 4. You're free to look at it in its entirety, but I'm really only interested in asking you a question or two about the mission
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diverse needs of the patrons the library has to balance what is necessary and appropriate for the needs of one group versus the other? A. Yes. Q. It's all about balance, isn't it? A. Yes. Q. Now, in your Complaint, Mrs. Bradburn, the central tenant of the complaint seems to be that you and the other plaintiffs are disputing the NCRL's policy of not disabling the Internet filter upon the request of an adult patron; is that right? A. Yes. Q. Okay. But you do agree, as you just testified, that filtering in some instances is appropriate; is that correct? A. Yes. Q. Okay. So is it reasonable in your view for NCRL to balance those things, those thoughts, by undertaking a site-by-site review of a blocked Web site when that occurs in the course of a patron's use of the Internet? MR. MANVILLE: Object to the form. THE WITNESS: I didn't really follow that completely. Q. (By Mr. Adams) Okay, sure. Well, your Complaint
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statement that's articulated in the first paragraph. A. I think it was reiterated also on your second document. Q. Okay. The Internet Usage Policy? A. Yes. Q. Okay. So the mission statement as articulated by NCRL is "to promote reading and lifelong learning." Correct? A. Uh-huh. Q. Okay. Is that "yes"? A. Yes, sorry. Q. Okay. And is that in your view as a former substitute librarian an appropriate encapsulation of NCRL's mission? A. Yes. Q. And is NCRL's further stated goal of "creating a safe place for children to come and learn" an appropriate objective for the library to strive for? A. Yes. Q. Okay. Would you agree that the library exists to serve the needs of all its patrons of any age? A. Yes. Q. Okay. Young kids and adults alike? A. Yes. Q. Okay. Would you also agree that in serving the

states NCRL's got a policy of not disabling the Internet filter entirely when an adult requests that occur. Yet you've also testified that you believe it is appropriate to maintain a filter for some topics, some categories of information -- illegal activity, pornography, spyware. We talked about some things; right? A. Yes. Q. Okay. So with those thoughts in mind, do you think that it's an appropriate compromise, in addition to that, the goal of furthering the interests of children and adults alike? So with all of those goals in mind and thoughts in mind, is it appropriate in your view for the NCRL to say, "You know what? We'll leave this Internet filter in place; and if an adult patron runs into a block, we'll undertake a site-by-site review and maybe unblock it"? MR. MANVILLE: Object to the form. THE WITNESS: I can see how that could work in some instances but not in others. Q. (By Mr. Adams) Okay. Give me an example of an instance where it would not work. A. For instance, in writing my paper that was due that week and I was only home for two days Saturday and

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Sunday and then returning to Spokane on Monday, there wasn't time to on Saturday fill out a form and have that information back before I had to go, you know, commute. Q. Uh-huh. Would you feel differently if you had undertaken your research for your school paper two weeks ahead of time or three weeks? I mean, it's your need that makes the policy unworkable; is that correct? A. Yes, but I don't know that I always had that information that far in advance. Q. Okay. By analogy if you were working at the library on a term paper and you had no computer access and the book that you needed to complete your term paper was in Twisp, would you blame the library if the library couldn't get it to you before your term paper deadline? A. No. Q. Okay. MR. DEAN MARNEY: Tom, can we take a break so I can ask you a question? MR. ADAMS: Sure, let's take a little break. (A BRIEF RECESS WAS TAKEN.)
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you don't recall getting any response at all. Did I understand that right? A. Yes. Q. So there wasn't an affirmative response, was there, saying, "No links are accessible"? A. I don't -- I don't recall what came up. Q. Was it a blank screen? A. There was no information. The information I was trying to find, you know, I don't remember whether it said it was "Filtered," whether it said, "There is no information, no matches, to your search." I don't remember specifically what happened, but I got no information. Q. Is it possible that the screen went blank because of a technical difficulty? A. I have -- I haven't any idea. Q. Okay. Do you recall whether the screen was blank? A. No. Q. You just don't recall. A. I don't. Q. It sounds like you packed up and went to Spokane at that point -A. Yes. Q. -- not literally but figuratively. A. Yes.
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1 2 3 4 (EXHIBIT 14 WAS MARKED AND 5 EXHIBIT 15 WAS MARKED.) 6 7 Q. (By Mr. Adams) Mrs. Bradburn, I've handed you a document that we've marked as Deposition Exhibit 15, 8 9 and it constitutes -- it's a multi-page document 10 consisting of your "Objections, Answers and 11 Responses to Interrogatories and Requests for 12 Production." I suspect you've had a chance to 13 review this earlier in the afternoon, but feel free 14 to take another look through it if you would like. 15 A. Yes. 16 Q. Is that your signature on page 11? 17 A. Yes. Q. In your answer to Interrogatory Number 5 on page 4 18 19 and extending on to the top of page 5, I'm a little 20 confused by that. In the third sentence, I believe, 21 you write, "The computer responded that no links 22 were accessible for these queries." Do you see 23 that? 24 A. Yes. 25 Q. Now, I understood from your testimony earlier that

MR. ADAMS: Why don't we go ahead and mark this.

Q. Now, Interrogatory Number 11 on page 6 asks whether you have accessed or attempted to access the Internet since the Complaint was filed at an NCRL branch. And you have amended your answer to say "yes"; is that right? A. Yes. Q. Okay. And then in Number 12, you say you don't remember the specific Web sites for which you claim access was denied; is that correct? A. Yes. Q. Okay. Are you sure that access was denied? A. No. Q. Okay. Tell me about that a little bit. I understand that you don't recall the specific Web sites that you were trying to enter. Or perhaps this was an Internet query. Which was it? A. This was similar to the work that I did when I was in school. I just went back and did the same kind of search, "adolescent tobacco use." And I did receive some information. At that point, I would have been able to do my research. Q. Okay. We're talking now about the occasion after the Complaint was filed. A. Yes. Q. Okay. And on that occasion, you, again, went to a

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MR. ADAMS: Very good. THE WITNESS: Thanks. (DEPOSITION CONCLUDED AT 2:55 P.M.) (SIGNATURE RESERVED)

CERTIFICATE STATE OF WASHINGTON) ) ss. COUNTY OF CHELAN ) THIS IS TO CERTIFY that I, Barbara J. Scoville, Notary Public in and for the State of Washington, residing at Entiat, reported the within and foregoing testimony; said testimony being taken before me as a Notary Public on the date herein set forth; that the witness was first by me duly sworn; that said examination was taken by me in shorthand and thereafter under my supervision transcribed, and that same is a full, true and correct record of the testimony of said witness, including all questions, answers and objections, if any, of counsel, to the best of my ability. I further certify that I am not a relative, employee, attorney, counsel of any of the parties; nor am I financially interested in the outcome of the cause. Transcribed notes will be destroyed three years from the affixed date unless requested by counsel to retain them. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this ____________ day of ____________________, 2007. Barbara J. Scoville, CCR, RPR CCR NO. 2124

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IN RE: SARAH BRADBURN vs. NORTH CENTRAL REGIONAL LIBRARY NO. CV-06-327-EFS CORRECTION SHEET CHANGES IN FORM AND SUBSTANCE REQUESTED BE MADE IN THE FOREGOING ORAL EXAMINATION TRANSCRIPT: PAGE
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