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CALDON v BOARD OF REGENTS

Georgia Whistleblower Protection Act Case
Fulton County Superior Court - 2009-CV-165267
Court of Appeals No. A11A0382

Excerpts and full Deposition of Regent Doreen Stiles Poitevint
8 February 2010
DEPOSITION Pgs. 14-17
Q: So do you have knowledge of why Ms. Caldon departed employment from Macon
State College?
A: Only after our committee meeting because I dont remember hearing the case
discussed.

Q: And specifically, are you referring to the meeting when Ms. Caldons application for a
review was to come up and be heard or addressed?
A: Yes.

Q: But you dont recall that Ms.the matter of Ms. Caldons appeal came up at that
meeting?
A: No.

Q: Is that correct?
A: Its correctA phone call was made to me by Ms. Caldon.she said, .do
you remember the case that came up in the Organization and Law meeting or
something. And I said, No, I dont..
Q: I understood you to say that the knowledge you have about Ms. Caldons employment
situation and her appeal from the termination was gained by you after the committee
meeting was closed on or about November the 10th of 2008?
A: Well, to tell you the truth, Im not sure about where the information came from.
Pgs. 18-21
Q: Do you have any knowledge, Ms. Poitevint, of the allegations in our lawsuit, in this
lawsuit that Ms. Caldon brought?
A: No, I really dont.
Q: You dont know why she is challenging her termination in court?
A: Not really.
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Q: Are you familiar with the Georgia Whistleblower Act at all?
A: I have heard of it. So far as specifics, no.
Pgs. 18-21
Q: Okay. Have you ever been involved in a Board of Regents matter or meeting where
the topic of the Georgia Whistle Blower Act came up in connection with an employee
termination, or maybe there was perhaps a concern whether an employee who was being
terminated was being fired in violation of the Act?
A: Its very hard for me to because I am familiar with the term, as to whether
something like that had come up with had come up that I was involved with the
Board. Im sorry.
Q: Im just wondering, as you sit here today, are you able to recall ever having a
discussion about the Georgia Whistle Blower Act.
A: No specific discussion whatsoever.
Q: Okay. As you understand it, the purpose of Mr. Newsomes review is to determine
whether there is any validity to the appeal?
Ms. Hyman: I object.
Q: Is there any preliminary opinion or conclusion or assessment that the Legal Affairs
Office provides before the matter is formerly heard by the Board of Regents?
A: I would think so.
Pgs. 23-29
Q: So is it fair to say then that most of the time the Board of Regents is going to be
interested in ascertaining why a particular employee who is appealing a termination was
terminated?
A: Possibly.
Q: And are there any printed guidelines or rules regarding how reviews of employment
terminations are to be conducted?
A: Not that Ive ever seen.
Page 33
Q: And are these meetings these applications for review and employment appeals, are
they brought up and handled at a at one of these eight meetings or so?
A: For all the Regents to participate in? No.

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Pgs. 35-37
Q: Is there an agenda thats usually followed for these meetings?
A: We have a sheet that will be handed out to us that will have the cases down. But
nothing about the case will be brought up until the person whos handling that
case will visit with people about that.
Page 39
Q: And then is there a review of any documents or evidence by the Board of Regents?
A: Do you mean physical documents?
Q: Yes, maam.
A: No.
Q: Why not?
A: Well, I think that time restraints is one of the main problems right there.
Q: Do the Regents review the applications for review that are submitted by the
employees?
A: No.
Q: Why not?
A: I think just like I said time restraints.
Page 41
Q: So then it usually is the case or frequently is the case then that no physical documents
are reviewed by the Board of Regents in connection with employee applications for
review?
A: I cant think of a single incident where that is the case on anything that I have
been involved with. I cant answer for any prior time to that.
Q: Okay. Usually documents themselves are not reviewed when the matter comes up?
A: No physical documents.
Q: Okay. So its just discussion?
A: Discussion
Page 51

Q: Is there a record of the vote about how to handle a particular appeal?
A: Can I tell you whether that is regarded (recorded?) in stone, no, I cant.
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Q: Okay. And so you dont know whether there is any to the extent there are votes, and
it sounds like there are, are the votes recorded anywhere?
A: I cant answer that.
Q: Is there any kind of standard that the Board of Regents employs in its review of
employee termination decisions?
A: Im so sorry to be taking so long with this, but, no, there is no written anything.
Page 52

Q: But what Im wanting to know, is there any document that is generated that contains
the Boards decision with respect to a particular appeal and perhaps the reason for its
decision?
A: Not that I am aware of, but I feel sure that theres some notation somewhere, but
not any that Im aware of.
Pgs. 56-57
Q: But as we sit here today, you dont and I think the meeting minutes reflect your
presence at that meeting on that date, but your testimony is you dont recall ever sitting
in a Board of Regents meeting and hearing any appeal of Ms. Caldons matter?
A: No, I dont.
Q: And you dont know whether the matter was heard or not. Youre not in a position to
know that?
A: No, I dont.
Page 63
Q: Does this look, though, like a form you are familiar with that would layout an agenda
for items to be reviewed by your committee?
A: The document that I get is a sheet that will have the case number and the
individuals or individual involved, and that will be it.
Page 69
Q: So the official meeting minutes, Ms. Poitevint, reflect your presence, input and voting
with respect to matters A through H on this form, correct?
A: Correct.
Q: Okay. One of which was the matter of Ms. Denise E. Caldons application for review
concerning her termination?
A: Correct.
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Q: Okay. But your testimony is you dont recall her matter coming up at all in the
November 10, 2008 meeting?
A: No, I dont. .
Page 79

Q: Have you ever spoken to any other Regent who can attest that Ms. Caldons matter
was heard and was properly handled through the proper Board of Regents policies and
procedures on November 10th?
A: No. Im sorry. I havent.
Q: Okay. Do you know what to the extent that Ms. Caldons matter did come up and
was duly handled by the Board of Regents, do you know what documents, materials and
information were reviewed by the Board?
A: No, I dont.
Pgs. 82-83
Q: Youre not aware of any investigation or assessment into whether or not into Mr.
Bells conduct or misconduct or anything like that?
A: No.
Q: And are you sure -- werent you the chair of that committee back in November 2008?
A: I thought I just became the vice chair ---
Q: Could you have been the vice chair back in November of 08?
A: (Witness shaking head negatively.)
Q: Tell me again when you began being the chair.
A: Well, I looked down at this. I thought I just became the vice chair
Q: Could you have been the vice chair back in November of 08?
A: Thats what it says on this, but I dont think so.
Q: Thats why I was asking.
A: I dont think so.
Q: Okay. So youre not in the position to know whether or not the denial of Ms. Caldons
application for review was the appropriate action for the Board of Regents to take?
A: No. Im sorry. Im not.
Q: Ms. Caldon makes the statement about Mr. Bells mental decline. Im wondering if
reading that now perhaps refreshes your recollection that youve seen this document at
some point in time.
A: No, I havent.
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Pgs. 84 - 89
Q: But seeing this here doesnt
A: No.
Q: - refresh your recollection that youve seen this before?
A: No, not at all.
Q: Okay. Is it concerning for the Board of Regents where you have an administrative
assistant to the president whos been at the school for some 15 years reporting that her
supervisor, the president of the college, is experiencing a mental decline?
A: Would that be of concern to me?

Q: Yes, maam.
A: I would take everything into consideration, yes, I would.

Q: But really the question was, as a Regent, not you as a human being, as a Regent I
assume that would be something that would be concerning?
A: Yes.
Pgs. 84 - 89
Q: Do you know whether that matter was discussed -- I take it you dont
A: No, I dont.
Q: And on the second page, Ms. Poitevint, it indicates Dr. Bells own daughters and son
have called me both at home and at the office for two years regarding their strong
concern for their fathers increasing psychological health decline. And the question is
the same. Is it is that a matter of concern to you as a Regent?
A: I think it would be a matter of concern. I definitely do.
Q: Ms. Caldon reports that while working for Mr. Bell Dr. Bell, I was put in a position
of covering up countless and inappropriate auditor sensitive discrepancies. And, again
this is coming from an employee whos been there a long time. Is that something thats
concerning to you as a Regent?
A: Yes, its of a concern to me.
Q: Has the Board of Regents ever looked into or any committee organized by the Board
of Regents ever looked into any of these matters relating to Dr. Bell?
A: No, not that I am aware of at all.

FULL DEPOSIITON OF REGENT DOREEN STILES POITEVINT BELOW:
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