Appendix — Hazelwood School Dist. v. United States

Supreme Court brief1977

Ask Donna

What actually matters in this document.

Text

: - . ‘ °

. | 7

* . . | .

. . - 7 . |

e.. : : ; ; ; : - |

’ _ . 7 - a

? . :

‘ -* ; ;

. ° ;

. * e : : ;

“ . ad = ;

. . = i ; .

he e «? ‘ bs ~ i 7 a -

s “ss S , : |

. - 7 ; : :

. ° alias

- -™~™ ‘ : a? .

a 4 * . . : _ : ;

. . 7 ; . - .

. 7

. :

ere : a ;

+ . a -

Pe ink er pe

jane

iil.

(i)

TABLE OF CONTENTS

. SELECTED DOCKET ENTRIES

A. District Court .

B. Court of Appeals

COMPLAINT .

OPINIONS AND JUDGMENTS .

A. Opinion and Judgment of the District Court

(Appendix A of Petition)

B. Opinion of the Court of Appeals

(Appendix B of Petition)

C. Judgment of the Court of Appeals

(Appendix C of Petition)

D. Denial of Petition for Rehearing

(Appendix D of Petition)

SELECTED EXCERPTS FROM THE RECORD

A. Stipulation :

B. Testimony on Deposition .

Berry, Ron .

Eaker, Gene E.

Fox, Frank

Fuqua, Laurence J. .

Hord, J.W. .

Huss, FrancisC. .

Kirby, Clifford R.,Sr. .

McDonald, Clarence O.

Negri, Richard

Selby, Richard

- |g

(ii)

Smythe , Mack es ih

(also Plaintiff's Exhibit |

Defendants’ Exhibits A and C)

Sutton, Emmet

Weaver, Raymond

C. Testimony at Trial

Howell, Robert W.

Edmond, Cynthia

Palmer, Willie J. .

Young, Rufus, Jr.

D. Trial Exhibits .

Plaintiff's Exhibit 2 .

Vol. I

Vol. Il

Vol. VI .

Vol. VIII

Vol. IX .

Vol.X .

Plaintiff's Exhibit 4 .

Plaintiff's Exhibit 11

Plaintiff's Exhibit 21

Plaintiffs Exhibit 31

Plaintiff's Exhibit 36

Plaintiff's Exhibit 53

Plaintiff's Exhibit 56

Plaintiff's Exhibit 57

Plaintiff's Exhibit 61

_ emer a OO

I. SELECTED DOCKET ENTRIES

A. District Court

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

Civil Action No. 73 C 553(A)

UNITED STATES OF AMERICA,

Plaintiff,

HAZELWOOD SCHOOL DISTRICT; C. O. McDONALD.

Superintendent; ROBERT BISCHOF, ROBERT COLEMAN,,

DOROTHY SMITH, CHARLES SWEENEY, DONALD MAT-

TOX and MILTON STRAUSS, Members of the Board of

Education of the Hazelwood School District,

Defendants.

DATE PROCEEDINGS

1973

Aug. 10 Complaint filed.

Sept. 4 Joint answer filed.

1974

Mar. 25-27 Court Trial.

1975

Apr. 11 Memorandum Opinion filed.

Apr. 11 Judgement filed.

June 9 Notice of Appeal filed.

B. Court of Appeals

IN THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Case No. 75-1422

DATE PROCEEDINGS

1975

June 12 Appeal dockeied.

1976

Jan. 12 Case argued and submitted.

Apr. 20 Opinions filed.

Apr. 20 Judgement filed.

May 13 Petition for rehearing filed.

May 25 Order denying petition for hearing filed.

June 10 Appellees’ motion for stay of mandate pend-

ing certiorari proceedings granted.

Il. COMPLAINT

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

[Title Omitted in Printing]

The United States of America alleges that:

1. This action is brought by the Attorney General on

behalf of the United States, seeking relief from violations of

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e,

ere. Wins

[2]

et seq., and the Fourteenth Amendment to the Constitu-

tion of the United States.

2. This Court has jurisdiction of this action under 28

U.S.C. 1345 and 42 U.S.C. 2000e-6(b).

3. Defendant Hazelwood School District (Hazelwood

District) is an agency of the State of Missouri and under

Missouri law provides public education to eligible children

residing within its geographic boundaries. The Hazelwood

District is located in St. Louis County, Missouri.

4. Defendant C. O. McDonald is superintendent of the

Hazelwood District and, under the general supervision of

the Hazelwood School Board, is responsibile for the oper-

ation of the Hazelwood District.

5. Defendants Robert Bischof, Robert Coleman, Doro-

thy Smith, Charles Sweeney, Donald Mattox and Milton

Strauss are members of the Board of Education of the

Hazelwood District and are responsible for its operation.

6. The defendant Hazelwood District is an employer

within the meaning of 42 U.S.C. 2000e(b) and is engaged

in an industry affecting commerce within the meaning of

42 U.S.C. 2000e(h) as amended on March 24, 1972.

7. Prior to 1955, pursuant to Missouri law, the Hazel-

wood District permitted no black students to attend its

schools and employed no black faculty and staff members.

8. The defendant Hazelwood District, Superintendent

and members of the Hazelwood Board of Education have

pursued and continued to pursue a pattern and practice of

discrimination against black applicants for employment

in faculty and staff positions with the Hazelwood District.

This pattern and practice of discrimination includes the

following specific practices:

(3)

[4]

a. Failing and refusing consistently to hire black ap-

plicants as well or better qualified than white applicants

subsequently hired for available faculty and staff positions;

b. Failing and refusing to recruit blacks for employ-

ment in faculty and staff positions while whites are re-

cruited for such available positions;

c. Failing and refusing to utilize objective, nondis-

criminatory selection procedures for the employment of

faculty and staff;

d. Failing and refusing to take affirmative action to

overcome the effects of past racially discriminatory poli-

cies and practices.

9. The policies and practices described in puragraph 8

above have resulted and continue to result in the denial

of equal employment opportunities to black applicants

for faculty and staff positions because of their race, and

those policies and practices constitute a pattern or practice

of resistance to the full enjoyment by blacks of the right

to equal employment opportunity guaranteed them by

Title VII of the Civil Rights Act of 1964, 42 U.S.C.

2000e, ef seg. and the Fourteenth Amendment to the

Constitution of the United States. This pattern or prac-

tice is of such a nature and is intended to deny the full

exercise of that right.

10. The United States has notified the defendants

that its policies and practices as described in paragraph

8 above are in violation of Title VII of the Civil Rights

Act of 1964, 42 U.S.C. 2000e, ef seq.

11. The defendants have failed and--refused to take

reasonable steps to eliminate the effects of their past

racially discriminatory policies and practices which have

~~ ee ee me ee ot ee +

et ee ee

ee ee

ET EE SA A

(5)

the effect of denying equal employment opportunities

to blacks on account of their race.

WHEREFORE, plaintiff prays that all defendants, their

Officers, agents, employees, successors, and all persons

in active concert or participation with them be prelimi-

narily and permanently enjoined from engaging in any

racially discriminatory employment policy or practice

which operates to continue the effects of past racially

discriminatory employment, and further that they be

preliminarily and permanently enjoined from:

(1) Failing and refusing to employ and recruit quali-

fied black applicants for faculty and staff positions on

the same basis as whites;

Q) Failing and refusing to utilize objective, nondis-

criminatory selection procedures for the employment of

faculty and staff;

(3) Failing and refusing to take reasonable steps to

overcome the present and continuing effects of past raci-

ally discriminatory policies and practices, including at least

the following steps:

(a) the hiring of qualified black faculty members, in-

cluding both teeciers and administrators, on an accele-

rated basis;

(b) the implementation of a recruiting program aimed

at prospective black applicants;

ment and back pay, to qualified black persons whose ap-

plications were discriminatorily rejected.

Plaintiff further prays for such other and further relief

as the cause of justice may require, together with its costs

and disbursements in this action.

/s/ Elliott L. Richardson

ELLIOTT L. RICHARDSON

Attorney General

/s/ J. Stanley Pottinger

J. STANLEY POTTINGER

Assistant Attorney General

JAMES E. REEVES

United States Attorney

/s/ Brian K. Landsberg

BRIAN K. LANDSBERG

Attorney aight

U.S. Department of Justice -

/s/ Daniel F. Rinzel

DANIEL F. RINZEL

DANIEL L. BELL, Il

Attorneys

Department of Justice

Washington, D.C. 20530

Ill. OPINIONS AND JUDGMENTS

The opinion and judgment of the district court appear as

Appendix A of the Petition for Certiorari.

The opinion of the court of appeals appears as Appen-

dix B of the Petition for Certiorari.

The judgment of the court of appeals appears as Appen-

dix C of the Petition for Certiorari.

The denial by the court of appeals of the petition for

rehearing appears as Appendix D of the Petition for

Certiorari.

;

)

;

(1)

[2]

IV. SELECTED EXCERPTS FROM THE RECORD

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

A. Stipulation

[Title Omitted in Printing]

In accordance with the agreements reached at the pre-

trial conference in this action on March 1, 1974, and the

conference between the attorneys for the parties on

February 28, 1974, the plaintiff, United States of Amer-

ica, and the defendants, Hazelwood District, et al., stipu-

late for the trial of this action that the following state-

ments may be accepted as facts, and all exhibits referred

to herein and attached hereto are incorporated in this

stipulation and made a part hereof; provided, however,

that either party may introduce other’ and further evi-

dence not inconsistent with the facts stipulated, and

particularly, but not limited to, evidence intended to

explain the facts and circumstances surrounding any trans-

action. Each party hereby reserves the right to object,

during the trial of this case, to the admission in evidence

of any of the following facts or exhibits on the grounds

of materiality or relevancy.

1. That the depositions of all present and former

Hazelwood District employees taken in this case and

exhibits attached thereto are admissible in evidence at

the trial in this case subject to all objections made in

those depositions.

2. That the attached Exhibit A is admissible in evi-

dence, subject to objection as to its relevance and mater-

iality.

————<<

3. That reports of the St. Louis County Superinten-

dent of Education describe the formation of the Hazel-

wood District as set forth in the summary attached as

Exhibit B and that Exhibit B is admissible in evidence,

subject to objection as to its relevance and materiality,

4. That Plaintiff's Exhibit 1 is a true and correct

copy of the current Missouri Faculty Certification Re-

quirements, an official publication of the Missouri State

Department of Education.

5. That Plaintiff's Exhibit 2, Volume | through 10,

is composed of true and correct copies of certain rec-

ords contained in the application files and maintained in

the regular course of business by the Hazelwood School

District.

6. That Plaintiff's Exhibit Nos. 3 through 48 are com-

posed of true and correct copies of certain records con-

tained in the application files and maintained in the

regular course of business by the Hazelwood Dis-

trict.

7. That the race of each of the persons named below

is black:

Anderson, Patricia A. Ealy, Judith B.

Boyd, Pearlie Easter, Naomi J.

Carroll, Ruby Lee Edmond, Cynthia

Carson, Timotheus H. Ellis, ‘Beverly E.

Catlin, Charlene W. Fitch, Jerry L.

Collins, Beverly J.

Collins, Ernest C., Jr.

Cook, Cullen

Cooksey, Naomi P.

Cotton, Atry S.

Downs, Samuel L.

Fletcher, Patricia A.

Florez, Westelle A.

Gray, Agnes B.

Guyton, Delores C.

Hairston, Charlene M.

Hamilton, Edgar J.

ee ad —

<iet > we

(3)

Hauk, Kenny E.

Hayes, Charles L.

Haynes, Evelyn

Hill, Marva J.

Houston, Barbara D.

Howell, Robert W.

Jackson, Carol A.

Jackson, Elaine

Jackson, Willette

Jones, Vina

Kincaid, Geneice

Lenoir, Nikki L.

Lockett, Lonnie L.

Lowe, Johnetta

Lowe, Melvin D.

Moore, Alice F.

Moore, Elwood J.

Mullins, Harriet D.

Novel, Derek R.

Palmer, Willie J.

Payne, Jesuita N.

Payne, Virginia

Penton, Delores —

Reid, Sandra V. M.

Riggs, Alberta

Robinson, Barbara A.

Shaw, Georgia M.

Smith, Alexis J.

Smith, Eugene I.

Smith, James

Thomas, Carolyn M.

Thomas, Geraldine

Thompson, Monica M.

Thompson, Rosa L.

Triplett, Cozeene E.

Trotter, Gerald F.

Trotter, Jerome

Turner, Nellie

Wall, Gloria

Washington, James L.

Wilson, Mary E.

Wilson, Robert D.

Womble, Elizabeth A.

Entered this 26th day of March, 1974.

/s/ Don O. Russell

DON O. RUSSELL

WILLIAM A. ENS

Attorneys for Defendants

/s/ Daniel L. Bell, II

DANIEL L. BELL, Il

RONALD L. OLESON

Attorneys for Plaintiff

[1]

EXHIBIT A

The following procedures are included in the Hazel-

wood School District Policy Manual:

(a) The personnel office encourages ail possible

applicants to complete and have on file a complete

application, even though no position is then available

nor any openings anticipated in a particular area.

(b) The personnel director interviews on college

campuses are open to al) without restriction and are

arranged by the personnel of the college. Each pro-

spective applicant is given an application and encour-

aged to complete and return it to the personnel office.

nel office.

(d) Vacancies will be reported through immediate

supervisory channels to the personnel office.

(e) All applications shall be made through the per-

sonnel office.

(f) The personnel office will screen applications on

file for qualifications and current availability.

(g) The personnel office will make any additional

necessary contacts to secure applications for anticipated

and/or existing vacancies.

(h) Interviews of all applicants with appropriate

supervisory personnel will be arranged and scheduled

through the personnel office.

(i) Wherein possible, all personnel who have imme-

diate supervisory responsibilities will be included in the

procedure.

[2]

[53]

[54]

(j) All recommendations for employment will follow

immediate supervisory channels.

(k) Final recommendations for employment to the

Board of Education, including salary, shall be the re-

sponsibility of the superintendent.

(1) Following the interview/recommendation proced-

ure, notification of employment status will be the re-

sponsibility of the personnel office.

Paragraph 532.2 of the Manual, p. 55, states:

“The objective in recruitment shall be to obtain

the best possible certified persons within the

financial ability of the district without con-

sideration as to age, sex, race, national origin,

political or religious beliefs in determining

qualifications for employment.”

B. Testimony on Deposition

RON BERRY

of lawful age, being produced, sworn and examined in

behalf of the Plaintiff, United States of America, depos-

eth and saith:

DIRECT EXAMINATION

BY MR. BELL:

Q. Would you state your name, address and race for

the record, sir?

A. Ronald Max Berry, 3556 Whispering Woods Drive,

Florissant, Missouri 63301, Caucasian.

e + e

Q. So you came to Hazelwood first in 1969?

A. In 1970. ‘

Q. So this is your fourth year?

[56]

This is right.

You came as a teacher at—

McCurdy Elementary School.

And when did you become a principal?

In November of 1971.

At what school?

At Brown Elementary School.

And that is your current position, correct?

Right.

rPOPOPOPOP

* * *

Q. Have you ever interviewed any black applicants for

professional positions?

A. Yes, I have.

Q. Would you state their names?

A. I am not familiar with all their names, I am famil-

iar with two names. That is all that I can remember.

There was a Mrs. Ellis.

Q. Would that be Mrs. Beverly Ellis?

A. Yes, and a Mrs. Reid.

Q. Any others that you recall?

A. I have interviewed one or two other black appli-

cants but I cannot recall the names.

Q. For what position was Mrs. Ellis applying?

A. To the best of my recollection I think it was a

primary position, second grade sticks in my mind.

Q. Do you recall what year that was she applied?

A. Not this summer, the summer before, that would

be what, °72.

Q. Did you recommend her for employment?

A. No, I did not.

Q. Why did you not?

A. Because in the interview that I had with her I did

not feel personally that she would be the outstanding

teacher that I was looking for in my building.

[57]

Q. Who was employed in her place?

A. I don’t really remember. Mrs. Davis, I think.

Q. Do you recall her first name?

A. Susan.

Q. Is she black or white?

A. White.

How was it that Mrs: Davis was better qualified

than Mrs. Ellis?

A. Personal opinion through the interview and through —

that is basically all I can tell you.

Q. And what was the basis for that opinion?

A. Its a very hard question to answer, | would think

personal characteristics, personal traits, intangibles that

you look at in an interview with an individual, love of

children, willingness to accept children as children.

Q. Did you feel that Mrs. Ellis didn’t love children?

A. No, I can’t say that. I can’t remember the inter-

view that well.

Q. Can you try to point to some of these intangibles?

A. Well, its very difficult, I guess the Boy Scout’s

creed, or whatever it is, when you go down through the

trustworthy, loyal, helpful, courteous, kind, honesty.

Mr. Bell: Thrifty, brave, clean, reverent.

A. These types of things that come across in a per-

' gonal interview.

Q. Do you feel that Mrs. Ellis was not qualified for

the position?

A. Yes, at the time, I did.

Q. In other words you not only felt that Mrs. Davis

was better qualified, but you felt that Mrs. Ellis was not

qualified to hold that position?

A. That is right.

Q. Based on these intangible factors?

A. I think, if I remember, she also had several posi-

[3]

[4]

[8]

." 14

‘tions in a very short time and that made me concerned

a little bit about how long she would stay with me.

Q. Do you understand what these positions were?

A. No, other than education.

GENE ELVIN EAKER

of lawful age, being produced, sworn and examined in

behalf of the Plaintiff, the United States of America,

deposeth and saith:

DIRECT EXAMINATION

BY MR. BELL:

Q. Would you state your name, address and race for

the record, Sir?

A. Gene Elvin Eaker, 4240 Chartley Drive, Bridgeton,

Q. On what date were you first employed by the

Hazelwood District?

A. I would say, at the beginning of September of °54.

September, °54?

Yes.

In what capacity, Sir?

As Sixth Grade Teacher.

And what was your next position?

. My next position was Principal of the Russell Ele-

mentary School.

Q. And how long did you hold that position?

A. Eight years.

Q. And what was your next position after that?

A. My present position. Coordinator of Elementary

Education.

PFOPOPO

* * *

Q. I mean would you simply ask for him to send

over or arrange for interviews for a certain number of

applicants, depending upon how many vacancies existed,

[10]

[12]

or would you ask him to send over the best applicants,

or something like that, or how would you frame your

request to him? —

A. Number One, I would indicate what specific posi-

tions were to be filled, and our general operating proce-

dure is the persons who prefer those positions would be

brought in for interview, and I think we can normally

bring in, say, and you know if you have got one posi-

tion, they would probably say, we need five or six

people to be brought in. But that is open-ended. I

don’t think we ever really specifically say, we want two,

three, four, five, six, seven.

* . * *

Q. Would you attempt to interview the applicant

yourself at all?

A. No, I would not.

Q. So your part in this procedure would be to dis-

pense certain information to the applicant before he was

to be sent to be interviewed at the School, and then

upon the recommendation by the Principal to review

that recommendation in deciding what?

A. Deciding whether or not I could honor their rec-

ommendation.

Q. So you would make the decision as to whether a

person is to be offered employment, is that correct?

A. Well, | would make the decision as to whether or

not the procedure then could be carried one step further,

which is to the Personnel Department in terms of this

recommendation.

* * a

Q. Have you received any instructions as to how to

carry out your employment responsibilities?

A. Yes, we have the Policy Book, which itself out-

lines the general procedures.

[13]

[14]

[15

Ist]

Q. Does that book establish standards to use in em-

ploying people?

A. It establishes that the most competent and best

applicants that we feel are available and within the finan-

cial limitations.

* & e

Q. What instructions have you given the Elementary

Principals as to how to carry out their employment re-

sponsibilities?

A. That every applicant who comes there should be

given a full and reasonable kind of interview that could

be given, and that they should attempt to get the person

that seems to best fit their situation.

Q. Have you given them any instructions on.how to

best find the person who would fit their situation?

A. We have used a form, which we actually developed,

which coutains certain attributes that they should be look-

ing for in terms of teaching recommendations.

Q. Are you referring to the Elementary Interview

Forms?

A. Well, yes. There is a form, which we use, and it

also serves as a kind of communications device between

the Principals and my office, and also between my office

and the Personnel Office.

Q. What I was speaking of, was the form you were

.referring to?

A. Well, you have to show me the form that we are

talking about?

(A short break)

Q. Referring to Elementary School Teacher’s Form,

have you instructed the person doing the interviewing as

to how they are to use this form?

A. Well, yes, this was worked out, as one, it’s a com-

mon form in terms of what we would use in these par-

ee eS mae hia eedbe

;

[15

(2nd)}

ticular sets of criterium, which would give them guide-

lines in terms of what they are to be looking for when

they apply. So these are some of the criterias that they

would use, when each one of those certainly has inter-

department kinds of means which a Principal might pursue.

Q. Well, for example, have you indicated to the Prin-

cipal, what is meant by knowledge of teaching responsi-

bility?

A. I think the Principal can carry his own weight in

terms of knowing what he is looking for in a specific

type of situation.

Q. So, the ratings or evaluations, according to this

form, would be left to the discretion of the individual

Principals?

A. Right, because he is looking at many different

levels of functioning—kindergarten, First Grade, Second

Grade, through Sixth, Music, Art, the whole thing. It

is Personnel who will be responsible for hiring.

Q. I see, the category in here marked personal appear-

ance and grooming, and I take it as then the categories

are rated as above average and below average? Would

it be true as that above average personal appearance

would depend or would vary from Principal to Principal?

A. I think this is a reasonable assumption.

Q. The same would be true of the other areas listed

in here, is that correct?

A. Yes. I think that each Principal brings into an

interview certain examinations and certain information

related to his own school that would have some influence

on how the rating might go?

Q. On the interview form, would the personality area

be more important or less important or the same impor-

tance as the poise, self control and confidence area?

A. I can’t say that would be any more important. I

[16]

[17]

can say that it’s extremely important in the terms of how

a candidate might perform on the job.

Q. I take it that the weight to be given to each of

these areas in which an applicant is rated is varied from

Principal to

Principal?

A. I think so, based on what I previously indicated.

Q. You said that was correct, or they would vary?

A. I think it would vary, based on what I said pre-

viously, that each Principal would have certain aspecta-

tions and information relative to his own school.

* * *

Q. OK, I think you described to me what the process

is for hiring individual teachers, and I wonder whether

that process has changed or been modified in any respect,

since you have come to Hazelwood District?

A. I can’t think of any specific way I could say it’s

different. I think it’s always been one in which we have

attempted to get the most competent teachers, and it’s

been one of which the immediate supervisor has had

some responsibility in the total process of selection of

teachers.

Q. Must an applicant always submit an application

prior to being interviewed?

A. I think that is the general procedure. I can’t think

of any instance where one was interviewed without the

benefit of having an application.

Q. Must an applicant always be interviewed in order

to be hired?

A. Yes. I would say there would have to be suffi-

cient information relative to a candidate, when this rec-

ommendation is processed.

Q. And would Hazelwood interview only if there were

vacancies existing?

[18]

[26]

[27]

[3]

A. I think that is our general procedure, that we in-

terview based on either known or anticipated needs.

Q. What qualifications must an applicant absolutely

need before being employed?

“A. Well, they must be certified—that is one require-

ment.

Q. Is there any preference given to those that have

completed their student teaching in Ladue?

A. In where?

Q. In Hazelwood.

A. Again, if | say only to the extent that a person

has proven their ability to perform, or to come up to

the expectation of a given administrator.

* * +

Q. Where does Hazelwood get its student teachers?

A. From §.1.U., Carbondale, well it could be Carbon-

dale, but mainly Edwardsville, Southeast Missouri State

University, University of Missouri, St. Louis, University

of Missouri, Columbia, and perhaps others, to a lesser

degree. Those are the ones I can state specifically.

* * .

Q. Have you ever had any black student teachers?

A. I do not recall specifically, because I do not see

them. I see the paper, but I do not seem them, and

besides it would inake no difference to me whether they

were black or white, or Indian or any other race.

. * *

FRANK FOX

of lawful age, being produced, sworn and examined in

behalf of the Plaintiff, United States of America, depos-

eth and saith:

DIRECT EXAMINATION

Q. What college degrees have you received?

A. I have a Bachelors and a Masters Degree and have

— aati

[4]

[5]

[6]

finished all the work for a Doctora

haven’t finished the dissertation, yet. atte rac

Q. Where did you receive those degrees?

A. University of Missouri, Columbia.

} Q. Could you describe your employment background

in the education profession?

A. I started here at Hazelwood, that was the first edu-

cational position I had in 1962, taught four years at the

senior high school in the area of social studies, was Assist-

ant Principal for two years at Hazelwood Senior High

School and have been Principal at Hazelwood Junior High

School, this was the sixth year and one of those years |

was on leave of absence, which was last year.

Q. You were a Principal for how long?

A. This is the sixth year. Last

“aan year I was on leave

+ * *

Q. Could you describe i

ment process for teachers? Maesnaat oe

A. Well, we make the Secondary Coordinator aware

of vacancies that are known to exist in the building. This

is done usually two ways; first of all, in February we

generally, by enrollment counts, try to determine vacan-

cies that we no will exist, either increases or decreases.

Or, in talking to all the staff members those that won’t

be back. This is then prepared and Mr. Huss assembles

the list from all the secondary schools and puts together

a vacancy list, that is known at that particular time. Of

course, during the school year if any other vacancies, due

to resignations or leaves of absence, occur, you always

notify him of those vacancies.

Q. Do you select an rs i i is thi

sah we i ae Asm oa for interview, or is this

A. Personnel office selects or establishes those that

[7]

are going to come in for the interview.

Q. Do you do — who helps you in the interviewing in

your building?

A. There are, I would say, that at any given time

when we have an interview department chairman are in-

volved in their particular subject area. Myself or one of

the other administrators also interview any applicant that

comes in.

Q. Who makes the written recommendation as to

whether or not to hire a person?

A. The final one, I make it. I make the final recom-

mendation to the Coordinator of Secondary Education,

as far as recommendation of employment.

Q. How do you decide which person you will employ?

A. Well, after we have exploited the interviews of the

various people that come in for a position in the depart-

ment, the department chairman and myself and if the

assistants have interviewed these people, we get together

and determine the qualifications of the people that we

have had in, and then establish the most suitable candi-

date and then make a recommendation for the Person-

nel office to contact that person offering him a job.

Q. Have you received any instructions as to how you

are supposed to determine qualifications?

A. Well, qualifications are determined by hiring the

best possible applicant for a job. You know we —the

department chairmen are subject matter individuals and

they are examining their background information and

we, as administrators, are attempting to see how they

would fit into the particular facility and their personality

and how they handle a particular situation and trying to

find out their philosophy of education and things like

this. But, there is no, other than hiring the best possi-

ble candidate, no list to work from.

———————— CCC

[8]

Q. That would vary from interviewer to interviewer?

A. I'd say yes, because they are all individuals, but

I know myself and the assistants and the department

chairmen sit down and discuss the kinds of things you

are interested in finding out about and there is usually

a consistancy in that. We are all aware of the kind of

questions and things we are going to ask these people.

Q. What would those things be?

A. Well, you might try to find out what kind of

background experience they have had, what kind of ;.

activities they are involved in, in school. The kinds of

employment they have had, both within the teaching and

outside of teaching, the contacts with youth groups, Boy

Scouts and Girl Scouts, things like this,

extracurricular activities. How there voices and person

alities are, that they have these kinds of things. And, I

think also, you’re trying to get at the kinds of questions

that they might have with a position. Some are very

familiar with the St. Louis area and some aren’t. Some-

times they have some questions about the St. Louis area.

Q. Would you prefer to have a person with an M.A.

over a person with a B.A.?

A. No, I don’t think there would be any—I think

the quality and quantity of the education and experience

is something you have to evaluate, I don’t think a

master’s degree necessarily means that it’s a higher degree

teacher than somebody who is Straight out of school with

a Bachelors degree.

Q. Would you prefer to have a person with more ex-

perience over a person with less experience?

A. Again, it’s the quality of experience. I'd say if

somebody has worked in the junior high school, I think

you take this into consideration. If they have worked

in the junior high school or elementary or on a college

[3]

level, I think you have to evaluate the kind of —

Q. Is there any minimum level of college you wou

ike to have?

. ‘ Well, the minimum level would be somebody that

had been certified to handle the particular position. I

an,

ay would have to have a college degree with the

necessary certification so that they would be able to go

lassroom.

i - ion there any minimum classifications other than

that?

A. No.

* * +

LAURENCE J. FUQUA aids

i nd examin

f lawful age, being produced, sworn a

behalf of the Plaintiff, United States of America, depos-

ith:

se gs DIRECT EXAMINATION

Y MR. BELL:

’ Q. Would you state your name, address and race for

record, sir?

a Laurence James Fuqua. The address is 1070 Lind-

say, Florissant, Missouri. rr ene ,

. What is your present emp oyment?

. I am principal of Hazelwood a ma School.

ed.

. ‘How long have you been so employ

z I was employed as principal on July first, that is

n my term began, 1967. ‘ ;

a nal what was your employment prior to that?

A. I was Assistant Principal Hazelwood _— High.

, i ition?

. How long did you hold that posi . 4

. From February, 1959 until I was appointed Prin

ipal. Ay

[4] te And prior to that, what was your position?

[5]

[6]

A. I was a classroom teacher.

Q. And where were you employed?

A. Hazelwood Senior High School, it was Hazelwood

Junior-Senior High School at that time.

+ * *

Q. Would you describe your role in the employment

of teachers?

A. Okay. This is basically what I do, I have my

Department Chairman, I give them information on ex-

pected enrollment

for the coming year, and this is just an anticipated

enrollment and then they come up with the vacancies

they think they will have because of the enrollment we

anticipate we will have. We compile a list of vacancies.

that we anticipate and I send that list to the coordinator

of secondary education.

Q. Then what happens?

A. Then the list is, as I say, compiled, just my enroll-

ment you're interested in, right?

Q. Yes.

A. Then when this has been established, dates are set

up, we notify when we will be interviewing people and

they set up dates that the people will be coming to see

us and the times and they tell us how many will be com-

ing and then either I interview each applicant or one of

the associated assistant principals will interview them and

then we have the Department Chairman interview the

prospective candidates of the department in which the

teacher would be assigned. If it’s social studies it would

be in social studies, if English, it would be the English

Department Chairman. Then, all the people, over a per-

iod of time that have been sent to us, are interviewed

and an evaluation is made by the Department Chairman

and they will meet with me and we discuss each one

[7]

[10)

and they make a recommendation on who they recom-

mend and we get together on the recommendation and

we arrange them in the order or recommendation and if

they

are not recommended. We do that, too. ‘And, if I

tried to call former employees or teachers, in the case

of a person who hasn’t worked as a teacher except a

student teacher, I talk to him. I can’t always get a hold

of them, but we try. Then, on the basis of evaluation

we come up with—we try to employ the person who

best, we think, would do the job, the best and then

the principals bring the recommendations to the coor-

dinator. And, then the Junior High Principals and myself

sit down with the coordinator and make a recommenda-

tion and maybe the Junior High School Principal may

want the particular person I want and we would decided

which one would get that particular teacher, where it

would do the most good. ‘And, then if they accept the

position, we are notified that they have accepted the

decision.

* * *

Q. What instructions have you been given as to how

to carry out your role in the employment process?

A. To hire the person we feel is the best person for

the job.

Q. Have you been told how to go about finding the

best person?

A. I don’t know what you mean?

Q. Have you told how to identify the best person?

A. No. We have to do it on the basis of our judge-

ment. And it’s a subjective thing.

Q. Have you given your subordinates any instructions

on how, in the employment process, to do this

A. The person that can do the job the best

(11)

[12]

Q. Have you instructed them as to how to go about doing

this?

A. No

Q. Of the applicants you interview, how do you

select the person to be hired?

A. I told you that once.

Q. I am talking about his qualifications and how do

you tell one is better qualified than another?

A. Well, I leave that mostly up to the Department

Chairman.

Q. How do they tell?

A. Well, they talk to them They determine whether

or not the subject matter is—one example, for instance,

I wouldn’t know anything about music. I wouldn’t know

anything about Latin. So they talk to the person, by

talking to them they spend maybe an hour or an hour

and a half talking to them and seeing what they know

about the subject, voice quality, personality, and attitude.

Q. How do they measure voice quality?

A. Alright, suppose there is a person who is tongue

tied and we can’t understand him, that would be an

example.

Q. Would that be the only—

A. That is an extreme example.

Q. Would this be just to judge speech impediments?

A. Well, to see whether or not they can be clearly under-

stood.

Q. That would be the only requirement?

A. That is an example, there is nothing put down, I

mean it’s a judgement on the person of the person doing

the interview, do you understand what I am saying?

Q. What other qualifications do you require?

A. Well, we don’t have any written qualifications, it’s

a matter of judgement on the Department Chairman’s

part.

[3]

[4]

Q. So that would vary from chairman to chairman?

A. Definitely.

Q. Do you prefer to employ a person with an M.A.

over a B.A. degree?

A. It doesn’t make any difference to me, depends on

whether or not they can do the job.

Q. Do you prefer more experience over less exper-

ience?

A. No, not necessarily. It depends on whether or

not they can do the job. It can be a person with twenty

years experience and not be as good as a person without

expervience.

~ * *

J. W. HORD

of lawful age, being produced, sworn and examined in

behalf of the Plaintiff, the United States of America,

deposeth and saith:

DIRECT EXAMINATION

BY MR. BELL:

Q. Would you state your name address and race for

the record, sir?

A. J. W. Hord 31 Rolling Hills Drive, Florissant,

Missouri. White.

Q. And on what date were you first employed by

the Hazelwood School District?

A. November 15, 1962.

Q. And in what capacity?

A. Director of Personnel.

Q. Have you served in any other positions with the

Hazelwood district?

A. As paid position?

Paid, unpaid.

Yes.

And what position?

Board member.

POPO

[5]

[11]

[12]

Q. When were you a board member?

A. February, 1957, for four years. Three and a half

years to be exact. Let me correct that, that is four plus

years.

* 2 *

Q. Could you describe, generally, what your present

duties are as Director of Personnel?

A. Basically, it’s to keep the records and the files of

all certificated and non-certificated personnel, and I have

been the recruiter for the Hazelwood School District for

twelve years, this is recruiting teaching personnel as well

as non-certificated.

* = *

Q. Could you describe the application and hiring pro-

cess in Hazelwood?

A. The application you’re talking about, the form or

the process?

Q. The procedures for applying and for being hired?

A. Actually, everyone must file an application with

the personnel office. We accept these requests for appli-

cations either by telephone or by letter, by personal

contact with a friend or by distribution to the individual

college campuses.

Q. ‘You said you accept the requests for application

by telephone. How do you mean that?

A. In other words, people will call in and ask for an

application to be sent to such and such an individual

and we readily do this.

Q. So you would send applications to everyone re-

questing them?

A. Yes.

Q. What happens next after the application is request-

ed by a person?

A. The application is sent or given to the individual

[13]

and of course we have to record it until the application

is received back in the office.

Q. And what happens at that point?

A. At that time, the application is normally, — normally

we notify the people of the receipt of the application. —

Q. Following notification of the application being re-

ceived what then happens?

A. Nothing until vacancies occur within the Hazelwood

School District.

Q. Then what happens?

A. We are notified by the coordinators of either sec-

ondary or elementary education that they have an open-

ing then we attempt to contact as many people as we

can to advise them of the opening in the district and to

set up an interview date.

Q. Now, when you are told by the coordinators or

principals that there is an opening, I would take it you

would give to them or you would rather try to arrange

interviews for all applicants who appeared to be certified,

is that correct?

A. No.

Q. Well, what would you do in that case?

A. We would, from the standpoint of the numbers of

applicants that we have, if they had one opening we

would attempt to get as many applicants available as

they had requested. It may be six and it may be ten.

If there is only one position then those interviews would

be arranged by the coordinator with whoever had the

vacancy. If they made a selection from that group then

no one else would be called. If they do not make a

selection we would attempt to get additional applicants.

Q. What I am trying to get at is how would you

select as to what interviews would be contacted?

A. We are talking about two different periods of

[14]

[15]

time. We are talking about the last four or five years,

and particularly the last two or three

years, prior to this time and almost twelve years ago and it

was a completely different picture of the days of twelve years

ago. We would write everybody that applied in order

to fill a position. Today, we would probably have a

great number of applicants that we can handle so what

we would do is the people we are sure they are avail-

able for the positions and have contacted us, those would

be the people that we call first.

Q. You said twelve years ago you used to try to

interview everyone that applied?

A. No, I didn’t say that. I said we used to contact

everyone to tell them that there was a vacancy.

Q. And now you attempt to contact who for a

vacancy?

A. The people that have notified us that they were

available for a position and the ones that we are sure

are available, these are the first ones that we contact.

Q. Okay. Well, how do you mean persons have

notified you to say they are available?

A. Because we have people who are constantly calling

the office advising us of their availability.

Q. So you would select for or arrange interviews with

the persons that have called the office and asked, been

continually asking for interviews? They would be first?

A. This is part of it.

Q. Alright, who else would be included among those

contacts?

A. Those people who were rather recent applicants.

Q. ‘Anyone else?

A. And if we have enough openings, we would at-

tempt to contact a great number of the people depend-

ing on the teaching area.

[16]

Q. Okay. How many people do you like on inter-

view for each particular vacancy?

A. It depends on the principal.

Q. Okay. The principal may select different numbers?

A. It depends on the coordinator and the principal.

Both may decide we only want six or seven; or three or

four; or ten.

Q. So, if I understand this correctly, to select or

interview you would check to see if the person was certi-

fied or appeared that he would be certified and then you

select from those persons the persons who have notified

the Hazelwood district that they are available for employ-

ment and by notification I mean other than by submit-

ting the application?

A. Right.

Q. And in addition, you would select to arrange inter-

views with rather recent teacher graduates?

A. No. I didn’t—the applications that were received

at the most recent dates.

Q. For how long is an application considered?

A. For the—as long as it is in the active file it can

be considered.

Q. For—and that would be for how long?

A. At the present time, at the fall, late fall, or early

December we contact all the people who have an appli-

cation in our file asking them if they want to continue

to keep their application active. If they respond to this

then it’s kept in the active files and if they fail to re-

spond then it will be put in the inactive file.

Q. Do you decide not to interview applicants on the

basis of anything other than certification as far as their

qualifications are concerned?

A. Would you repeat that question?

Q. Alright. When you are selecting persons to inter-

{17}

view, would you select them on any other basis than

their certification as far as their qualifications are con-

cerned?

A. No. Just one moment, when we talk about certi-

fication there are certain areas which applicants are not

aware that they are not certified to teach and we check

this very closely. As an example, science, if you’re a

chemistry or physics or a biology teacher, you may not

necessarily be certified to teach general science in the

seventh or eighth grade so, therefore, many people are

not aware of this. So many times I have to determine

whether or not they can be certified in this area.

Q. But apart from that, you don’t look at any other

qualifications?

A. No.

Q. Has this process been in effect since you have

been in the district?

A. Yes. One clarification at this point, we screen all

secondary applicants. Elementary administrative for the

past 2 or 3 years have screened their own applicants up

to this year and then picked their own applicants.

Q. I didn’t follow that.

A. You asked me if there is any difference in the pro-

cedures. Yes, there was a change. In other words, two

or three years ago we were looking for particular types

of elementary teachers with open consept background

and they screen their own applicants. In other words,

they selected the applicants that they wanted to, have

come in for an interview.

Q. You're talking about the principals?

A. No, sir. I am talking about the coordinator of

elementary education or his staff, but that was the only

difference. That was for a two or three year period.

Q. Do you recall what period that was?

[18]

[19]

A. That was about two or three years prior, for the

past two or three years in elementary.

Q. For the past school year included?

A. Somewhere at—it was used part of the time and

part of the time it wasn’t used. Yes, the secondary we

have always contacted the applicant.

Q. What kind of qualifications did you say they were

looking for?

A. They were looking for special types of backgrounds

in elementary education having to do with the open con-

sept school.

Q. Dr. McDonald showed to us a form which is Gov-

ernment’s Exhibit one of his deposition and he said it

was a brochure distributed as part of recruitment in the

Hazelwood school district but that it was no longer in

use. I will show that to you. Are you familiar with

that?

A. Yes.

Q. Has any brochure been developed to take its

place?

A. An attempt was made to develop it but there was

not agreement as to what should take its place and I

suggested that we didn’t need one.

Q. Was any brochure used prior to that one?

A. No, sir. None at all.

Q. Prior to being interviewed must an applicant always

submit an application?

A. You need to clarify the interview. Are you talk-

ing about the interview for an actual position or on the

college campus?

Q. For an actual position.

A. He must also have on file in the personnel, an

application.

Q. Did you say almost or must?

[20]

A. Must.

Q. Must this be a completed application?

A. Yes.

Q. Must an applicant always be interviewed to be

hired?

A. Yes.

Q. When do you arrange for interviews, in what

circumstances?

A. We arrange for interviews only when we have a

position available in the Hazelwood School District. This

is somewhat different than other schools because we

never interview without positions available. There are a

few exceptions when someone is in and wants to talk to

someone but basically, we interview for positions that

are available.

Q. In addition to the application form, itself, what

documents must an applicant submit prior to being

offered a position?

A. In some instances we require, the principal requires,

placement papers, but there have been people employed

without placement papers because they have referred to

references or the colleges have called people where they

have worked prior to

the employment

Q. Now, I take it in deciding which applicants to

interview, of those that you have submitted to interview-

ers to select for interview, how does he choose which

ones he is going to interview?

A. I'm afraid I missed your point. Are you saying

to me how the coordinator determines who he is going

to interview?

Q. Well, you submit—you chovuse applications to sub-

mit to the coordinator and the building principals, is

that correct?

[21]

No. Just for the coordinator.

Only the coordinator?

Only the coordinator.

Do you know what he does at that point with the

applications?

A. Well, he only gets the applications when we set

up the interview, this is the secondary. When we set the

interview date up he gets the application, same with the

elementary.

Q. So he does not choose when a person will be in-

tervie wed?

A. The secondary doesn’t. I pointed out earlier that

there was a change for two or three years in the elemen-

tary. So, it’s possible that the elementary coordinator or

his staff will make the selection of people that are going

to be interviewed.

Q. Is that still in effect at the present time?

A. It’s changing back at the present time, no. It’s

coming back the other direction where the personnel

office again will contact—will arrange all the interviews.

Q. Now, why is it in selecting persons for interview

that you contact first those persons who have notified

the office that they are interested or the more recent

teacher graduates. Why did you choose these two groups

of people?

A. First, for the part of expediting we may not have

but two or three days when they notify us that they

have a group of openings and had minimum time that

they want these people that they allow us to get these

people in for interview is restricting. And, in the St.

Louis County one must understand that we are talking

in terms of twenty-five or twenty-six school districts on

the Missouri side and the surrounding territory plus all

those on the Illinois side and we must remember also

OPor

[22]

that all these people make applications to us also make

application to fifteen, twenty, or forty other school dis-

tricts. So, therefore, many people have been employed

at the time that applications have been accepted by the

Hazelwood School District.

Q. So your competitors would be the twenty-three

neighboring districts and the ones on the Illinois side?

A. Twenty five or forty, yes.

Q. So, you said you have two or three days to get

people in for the interview?

A. I may, depending on the time they give us. It

could be

two or three days or two or three weeks.

Q. You said they. Who do you mean by they?

A. The coordinators.

Q. So, how long is it that the coordinators usually

take to fill their vacancies once they know they exist?

A. It depends on the time it takes their people on

their staff to interview and to complete all the interviews.

Q. Do you have any idea what that usually is?

A. It varies from school to school, it varies from job

to job.

Q. But you gave two or three days as an estimate?

A. No. I said it could be two or three days. I don’t

remember any that are much over two or three weeks.

Most of them are in the vicinity of a week but it’s still

short notice to get the correspondence to the applicant.

Q. So the employment process after the application

is received usually takes place in about a week, the re-

mainder of it?

A. Would you repeat that as you said it?

Q. ‘Alright, the employment process after the applica-

tion is received usually is completed within a week, is

that about right?

[ 23]

[27]

[56]

[57]

[3]

A. No. You said after the receipt of the application.

No. It wouldn’t be after the receipt of the application, after

our notification that there is a vacancy in the secondary

or elementary schools, then it takes—they give us about a

week to get the people in. Normally, about a week.

Q. Oh, so after you notify the person that a vacancy

exists you have about a week, according to the coordina-

tors, to set up an interview, usually. —

A. Right.

* * *

Q. Have you made any special efforts to attract qual-

ified black applicants?

A. Yes.

Q. Would you describe them?

A. Through the years as I have been interviewing I

have made the request through placement directors.

* * *

Q. Did the school board ever discuss racial segrega-

tion in the public schools while you were a member?

A. No.

* * *

Q. Where do most of the Hazelwood teachers come

from? What area:

A. They come from all over the country. Most

teachers will come f >m the St. Louis area.

* * *

FRANCIS C. HUSS

of lawful age, being produced, sworn and examined in be-

half of the Plaintiff, the United States of America, depo-

seth and saith:

BY MR. BELL:

Q. All right, sir, would you state your name, address

and race for the record, sir?

A. Francis C. Huss, 11535 Caraway Court, St. Louis,

[4]

63138. I assume my race is white.

Q. When were you first employed by the Hazelwood

District?

A. I began my employment on July 1, 1959.

Q. In what capacity?

A. High School Principal.

Q. And which High School?

A. The only High School then, it was at a different

location, Hazelwood High School.

Q. How long were you employed as Principal.

A. Eight years.

Q. And what happened after you left the job as

Principal?

A. What happened?

Q. Where did you go?

A. To my present position as Coordinator of Second-

ary Education.

Q. What year was that?

A. Sixty Seven.

* + *

Q. Have you had any other positions at all with Haz-

elwood?

A. No.

Q. What are your present duties as Coordinator?

A. My function is to plan, direct, coordinate and sup-

ervise the Secondary Education Program.

Q. What duties do you have with respect to employ-

ment?

A. What duties?

Q. Yes.

A. Well, just in the general process, when the vacancies

are assembled or developed, all the Secondary School vac-

ancies come to my office, and | inform the Personnel Of-

fice of these vacancies, and of the times that we want to

[5]

[8]

set up interviews, and generally when we are doing mass

interviews, the number of applicants that we’d like to in-

terview on that date. As I say, when we are doing the

mass interviews at the times they are designated to come,

they are directed to me in groups, small groups which

could range, oh anywhere from five to twenty, and at this

time, I provide them information concerning the school

district, and its program of studies, and show them as to

what the vacancies are that pertain to their particular

field that they are in, and we disperse or send them to

my office to the building for which they want to inter-

view, building or buildings. In some cases, then after

they go through the interview process in the buildings,

at sometime that I designate, we the Principals and I

review the applications with the various recommendations

concerning the outcome of this application, and I refer

back to the Personnel Office with our Recommendation.

* * *

Q. I was referring to an earlier stage in the process.

Mr. Hord submits applications to you when you tell him

what vacancies are existing, is that correct?

A. I tell him what vacancies are existing, and how

many people or applicants we will interview, on a given

number of interview days, so many per day, and he

operates within that constraint. For example, this

Spring, I set three interview dates in one week, say

Monday, Wednesday and Friday, and told him we would

take from twenty to thirty applicants at a particular

time of day. And now, I am just giving times of day.

Let’s just assume that it’s nine o’clock and then in his

office knows of vacancic , and they will operate within

that constraint of numbers because we know how many

we can interview adequately in that period of time, and

they will send us that number within that area, and as |

[9]

say, send them to the building, and after we have gone

through that interview period, we evaluate that group

through the recommendations that come up the line, and

alike in the building. I’m sure the Principal will discuss

it thoroughly with their department chairman, and then

the department chairman recommends to the Principal and

the Principal recommends to me, and I guess, I more or

less inform the Persennel Office to contact them for em-

ployment to see if they want a position or to accept the

position, and then if they do, it would then be referred

to the Superintendent for approval of salary, and on to

the Board.

Q. What I’m getting at is when Mr. Hord sets up in-

terviews. Do you screen any of these people out before

sending them on to the Principal?

A. No. Every applicant, unless they choose not to

goes after the information I have given them, when I in-

form them of certain things that we will expect, for ex-

ample, if it’s a mathematical position, we will tell them

that we will expect them to be a person that is qualified

to teach mathematics through the twelfth grade to teach

in the secondary schools, and basically when they see what

the position is, or something, there will be a very rare oc-

casion when one will see not to go on through the inter-

view, but that is their decision, not ours. We do not

screen.

Q. Does Mr. Hord screen out persons?

A. Not that I know of.

Q. Is it your understanding that he simply sends you

all of the applicants in a given field, or tried to arrange

interviews for applicants in a given field.

A. Within the constraint of numbers. In other words,

I know that he has more applicants than I am requesting,

and I would assume that he would logically work from

[10]

(11)

the most recent ap-

plicants he has.

Q. Well, if you were to give him a certain number of

applicants that you would wish to have present for inter-

views, do you know how he would go about selecting

those applicants out of the total number that he does

have?

A. From my observation, from my office to his office,

the secretary would contact by telephone or letter the

most recent applicants, up to, as she works through them,

the number until we have, if it’s thirty I said is the limi-

tation, and they contact them and bring them in, that it

might not be just one position.

Q. Does Mr. Hord screen on the basis of qualification

at all?

A. No, not that I am aware of.

Q. Now, how do you determine the number of people

that you would wish to have present and interviewed?

A. It is based on our experience interviewing people,

and the amount of time we want to spend with them,

or we'd like them to spend with us. We know about

how many we can interview, and also the number of va-

cancies there is. No point in our interviewing four or

five hundred applicants for say ten positions. We just

won't do it. You'll find, and our experience has been,

that we'll find the well qualified applicant in the inter-

views, but we just haven’t got the time to interview all

the people that apply.

Q. Could you give me an average of how many per-

sons you would have interviewed for a particular vacancy?

A. No, I couldn’t.

Q. That would simply vary from time to time?

A. And the type of vacancy. Obviously, whether

you’re aware of it or not, there are certain fields that

(I hate to use this term, but as some people say, they

ae ST

nearly get to be a dime a dozen) is that so many people

qualify that have gone into this field, that it just gets

voluminous. —

Q. Well, you use the word, not the word but the

limit, five to twenty persons a few minutes ago, I believe

for the number. Would that sort of be a general guide-

line that you would follow as far as number of people to

be interviewed for the particular vacancy or position?

A. I need to clarify. I said I would use that for a

reference or something of that nature. That is to lay in

one group that it would take from five or ten or twenty

or thirty. Probably in the twenties or thirties is the most

I would take in one large group. But there could be ap-

plicants for one position in that you see not any one

group — for example, I don’t ask them just to bring in

applicants for mathematics field alone. We give him the

total list, and say bring in as many as you can. Now

there may be occasions, when in the early interview pro-

cedure in the Spring, where we take industrial arts, for

example, they are ag

[12] very difficult to locate, and we might interview specifi-

cally for some of those areas.

Q. Which fields are the most difficult to obtain teach-

ers for?

A. I would have to say just one field, and that is prob-

ably Industrial Arts.

Q. Which would be the easiest to obtain teachers for?

A. Well any one, but at the present time, probably

Social Studies, maybe then, English, and Phys. Ed. Those

fields are fairly easy, but Industrial Arts is really hard. We

fill the positions, but sometimes it’s harder to do or to

find. There are some — .

Q. Do you ask Mr. Hord to arrange for these inter-

views only when vacancies exist?

A. Well, in general, but we also do it in anticipation of

te |

[13]

vacancies that will exist during certain times of the year,

and there again you will just have to accept that it’s based

on our knowledge, gained through experience. For exam-

ple, come February or March, I’m pretty sure I can tell

you certain areas I will have to interview in, because I an-

ticipate vacancies.

Q. How do you determine whether or not you can

anticipate those vacancies?

A. Based on the past turnover, and also on our budget

for additional staff member. Like at this time we are de-

veloping for

next near. We know there is a lot of things that

go into it. We have to do some pre-enrollment eval-

uations for the following year to anticipate enrollments

in certain subjects, which generally there are trends that

have been established over the years. We had projections

as enrollments. We have got that refined down to a point

where with computerization, we can even do it by zip

codes, and a lot of this on anticipated enrollment. We

set up in a budget certain number of teachers which

we will need additionally. Next year, I anticipate a five

per cent enrollment increase. Well the first thing a per-

son would think is that if you have a five per cent enroll-

ment increase, you would need a five per cent more

teachers. Now I won’t hold within that general constraint

as far as classroom teachers, but somewhere next year,

we can’t hire five per cent more teachers. No classroom

space.

Q. Now, what was the reference you made to zip

codes. I didn’t follow it.

A. I was just giving you some examples of how we

know. Kirby Jr. High School next year, which is on the

near East side District, will have more growth, so I know

that Kirby Jr. High School will need more teachers, so

we have got that down through studies of the East, of

[14]

[15]

the growth that were made through studies of the con-

ditions. It’s just planning.

Q. Do you ask the teachers any time in the year if

they will be returning for the following year?

A. Yes. :

Q. When would that be?

A. We have a procedure. Generally between the first

couple of weeks of February that we ask teachers to in-

dicate to us if they wish to transfer to another position, if

they know of any known vacancies, and at the same time,

generally in that period of time, somewhere in there, the

Principal asks the teachers if they will indicate to them

as soon as they know whether or not they are returning,

and you don’t get too good a results.

Q. Do you find out later with a little more accu-

racy?

A. Yes.

Q. When would that later determination be?

A. A lot of them don’t let you know until the date

due for the contract to end. And unfortunately, I

don’t know if this is meaningful, but there are people

who will go off to the end of the School Year, and

accept a new contract, and then resign.

Q. When is the contract due back?

A. The 15th of April, I think they have to be noti-

fied prior to the 15th of April, and they are allowed to

take fifteen days, they have fifteen days from notifica-

tion for their contracts to come in, but I think now

there has been some adjustments to this, but generally

the 15th of April.

Q. I suppose this is a matter of State Law?

A. Yes.

Q. Now, at the mass interviews at which you are

present, do you attempt at all to find out anything at

[16]

all about individual applicants, or is this merely a way

you provide information to them?

A. In general, it’s a way I provide information to

them. I guess the only sense that I would find out any

information about them is when I read off the list of

vacancies, and then I let each one come up and say indi-

vidually to which building they want to go, or buildings

to interview for the position, and that would be the

only way I would find out anything about them, unless

they ask me a specific question. Not much.

Q. You do not make any kind of recommendation

at that time, I would take it?

A. No sir.

Q. Now, other than these mass interviews, do you

have any individual interviews with applicants for teach-

ing positions?

A. For teaching positions? Yes, for example at the

present time, we get an occasional resignation, or we

know that we will have one, or maybe two vacancies at

the semester, or maybe when there is only a vacancy,

and one or two vacancies, then I would schedule them

on an individual basis. But in general, it’s an informa-

tion type thing, as it’s in a mass thing. I try to cover

the same type of material. I try to give them some

written information about the District, just the physical

things about

the District, where the buildings are located and some

things of that nature, and then they get a copy of the

salary schedule, a couple have had that prior to that,

but always I give them those two things, and general

information about the curriculum.

Q. In that sort of interview, would you make a writ-

ten recommendation?

A. No sir. The recommendation always comes up

(17)

- 46

the line.

Q. Does the recommendation always go into the

applicant’s personnel file, or application file?

A. Yes. Now there again, it’s in general as far as I

know. It does, and as far as I know it does. We try

to keep them all in there. There is only one place

which you may have something in mind for maybe two

or three, and they have interviewed for two or three

buildings. There is a possiblity that one building might

not catch us the application, but in general, there is

one.

Q. Now who makes the initial recommendation to

hire people?

A. The secondary school Department Chairman.

Q. Is this a written recommendation?

A. It comes up through the form we more or less

have established that I think you have probably seen.

Q. Who makes the most important recommendation?

A. In my opinion, it’s the Department Chairman,

because they are the person that would work the closest

with the Applicant. The one he would rely the most on.

Q. Would it be possible to describe the other recom-

mendations as relying very heavily on the Department

Chairmen’s recommendation or as being a type of tho-

rough ratification, or are they?

A. I’m not sure I understand that.

Q. Are they making decisions for themselves for

example, you said that the most important recommenda-

tion you thought was the Department Chairmen’s. Would

his recommendation generally be followed?

A. By all means. But I think in any line and staff

organization that the—you’re going to have to justify it

to your immediate superior, and the way they generally

do it in the building in most cases, the Department

[18]

Chairman and the Principal will go over it, and like we

do here, on the building level, they will go through the

applicants and say, this is one | am recommending, and

gives some reason. And afterwards, the Principal signs

a recommendation and sends it on to me, and then we

go through the applications over here, then I make the

recommendations on that basis to Mr. Hord’s office. But

you've got to understand that we will categorize them

into three groups. When they finally get here, they will

either be recommended for employment or for future

consideration, or not recommended. Now, the reason

we do that, in some cases, you contact one for employ-

ment, and say they don’t choose to come, and we would

go to the next person the Department Chairman feels to

be the next choice.

Q. Who is in on the actual interview of applicants of

the building?

A. The Principals and the Assistant Principals and the

Department. Chairman. There is an Administrator and a

Corporate Chairman, which would classify as Supervisory.

Q. Does the Assistant Principal or Principal have veto

power over the recommendation to hire?

A. Well, I would assume, obviously by the authority

of his position, he would have that, yes.

Q. And would you have a veto power over the Prin-

cipals?

A. Yes, because they report directly to me.

Q. I take it from what you said, that normally, while

such powers exist, they would not be exercised, is that

right?

A. Normally, they wouldn’t.

Q. Does anyone in the building, such as the Princi-

pal, the Assistant Principals or the Department Chair-

men maintain any files or applicant records?

(19)

A. They’re not supposed to. I don’t—No, I don’t

think they do.

Q. Have you received any instructions as to how to

carry out the employment of teachers?

A. No, other than just it’s our responsibility to hire

the best candidate for the position.

Q. Have you been told any specific ways to find the best

kinds of teachers?

A. No sir. The procedure we use in the elementary

and the secondary schools is pretty basically those that

I have established myself through the years of working

here, and through the consultation with my administra-

tive people. And with the approval of course of my

superiors.

Q. What instructions have you given the Principals,

Assistant Principals and the Corporate Chairmen as to

how to go about hiring teachers?

A. That, as a result of their interviews that I want

them to recommend to us the person that specifically

fits that position best in their opinion. The best person

for that position.

Q. Have you given them any instructions on how

specifically to identify the best person for the job?

A. I think it’s more or less understood that we have

a curriculum, and it’s a pretty formally established

curriculum, and each course has a curriculum, and the

Corporate Chairmen knows what they’re trying to teach

there, and there are certain things in that nature they

look for, and then there is a lot of intangible things

they have to look at. The Department Chairman has

to evaluate that person from his whole department as a

team, and as these things are rather intangible, but we

think they do them competently. As far as any specific

written or any instructions like that, No.

[23]

[24]

[25]

* 7 *

Q. Now you said that there were three types of

recommendations that could be made, and I think you

elaborated somewhat on some of those, were a recom-

mendation for employment, a recommendation that the

application be held for future consideration, and a

recommendation against employment. Could you ex-

plain a little further on how you. would determine whether

or not to recommend for employment, as opposed to

recommend holding for future consideration?

MR. ENS: Objection to this particular point. I don’t

think that it’s ever been stated that these are his recom-

mendations, merely that these are the recommendations

that come to him.

Q. Right. How would it be determined?

A. Well, some cases after an interview is obviously

determined, that a person, although it may have appeared

first on paper that they were qualified. You find out

that they are not. We-—say for example, on their appli-

cation that they are qualified to teach a subject, and

they aren’t. In a case like, say Home Economics, for

example. They would say that they are Home Econo-

mics Teachers, but they are not Vocational Home Eco-

nomics Teachers, and they have to be in Hazelwood.

Well, we may not discover this until we go in and talk

about this. Their training is general, and that could be

one thing you find out, that a person doesn’t have a

Certificate. Now these are paper things in a lot of in-

tangible things, voice, articulation, personal things or

intangible things. And people see that this person won’t

‘york out, and they won’t recommend, they don’t want

them under any circumstances.

* * ok

A. And not be given any future consideration.

[26]

Q. Well, what I’m trying to get at is how you deter-

mine whether a person should be held for future consid-

eration, as Opposed to being recommended at the time.

A. Well, there again, I think it’s just a personal judg-

ment thing. If the Department Chairman they have talked

with, this person, the things they have said about their

training, their enthusiasm to teach this particular subject,

they have looked at maybe ten applications, and they

have two positions, and they say, gee I’d like to hire

six of these people. Now, these two people stand out,

so we'll take those. If we have any other positions, I

would be happy to employ any of these other folks.

It’s a personal and tangible thing.

Q. What do the people at the building, the Principal,

the Assistant Principals, and the Department Chairmen

attempt to find out during the interview?

A. Oh, I think a lot depends on the person that is

doing the interviewing. It would be hard for me to say

what every person asks. There again, I think the main

things they look at are intangible things, such as they

see in the classroom. That is important to them as a

teacher, and I just can’t say what they would do.

Q. So I take it from what you are saying is that there

wouldn’t be any set standards as to whether or not to offer a

person a job after the interview. Is that correct?

A. No. Now I wouldn’t know where there are such

standards available, if you are speaking of it objectively.

Q. Well, are there subjective standards also?

A. No, our intangibles are personal.

Q. What would they be?

A. My gosh. You could list many. I mentioned

some, voice articulation, attitude that the person might

[28]

detect towards kids, towards teaching. You could just

go on and on, and say that I might see or you might see

some things different from me, and you and I are sitting

across the table from each other, and you shake hands

with each other. You can begin to evaluate things the

way you grab a man’s hand, tells me something, and

from that point on I begin to look at you from a per-

sonal point of view.

* * *

Q. Does Hazelwood always prefer a Master’s Degree

over a Bachelor’s Degree?

A. You know that is an interesting point, and the

answer to that is “No.” We are still, again after you

make the entry on the basis of the fact that they are

Certificated, that is as far as paper qualifications go.

Then it gets to be who they evaluate the best person to

fill the position on intangibles.

Q. Would it also be true on experience that there

would be no necessary preference for more experience

over less experience?

A. Depending on the successfulness of that experience,

after we have checked with the previous job. But I

don’t think after you get into certain intangible areas

that six years of experience will get you in the door

any faster than two.

Q. Is there any preference given by Hazelwood, to

persons referred by District Personnel or residents of the

District?

A. As far as I am concerned, not particularly. Now,

see there is various—are you talking about interview or

hiring?

[29]

[58]

Q. Well, either.

A. I would hope not.

Q. Is there any preference for students completing

their student teaching in Hazelwood?

A. I think we’re getting on some areas, that you’re on in-

tangibles again. Because you have known—for example, a kid

that went to high school, I have known some kids that went to

High School, and I know their background, and I

know an awful lot more about them. Again in these

intangible areas, and I know somebody who comes in

for an interview, on that basis, they could probably

get employed, because we know a little more about

our products, and we also know that on the basis

of a person who has student taught, we have had a

better chance to evaluate them on the line. So, I

think that my answer would be, if they have been a

very successful student teacher, we would employ

them, if we had a position, because we know what

they could do.

[59]

* « *

Q. Now, referring to Mr. Burroughs a few moments

ago, do you recall whether there were—well, let me with-

draw that and ask you, instead, do you recall when the

first black faculty member was employed by Hazelwood?

A. The only thing I can recall, factual, is when it

was done in the secondary school and I was involved

in that.

Q. When was that?

A. Whenever Mrs. Davis at Hazelwood West was em-

ployed. Now, this isn’t the first one that was ever offered

employment. She was the first one that accepted em-

ployment.

Q. How many had been offered employment?

A. I don’t know.

[60]

[2]

Q. You said you didn’t recall which particular year

she came?

A. No I don’t, but she has been here for a few years.

Q. Do you have any idea why no black faculty mem-

bers were employed prior to her?

A. They either weren’t the best qualified candidates

for the position in our opinion or they didn’t choose to

seek employment in this district.

* * *

Q. Do you know where Hazelwood generally gets it’s

teachers from, what geographic area?

A. Oh, I think, logically, they would come from the

schools, the colleges and universities in the somewhat im-

mediate area, but I don’t think this is just due to the sup-

ply and availability, but we have gotten teachers and get

them from everywhere. By that I mean, we get them

from a lot of places. Generally, we have them from the

state college, what used to be, now I guess it’s University.

Your in a state college or university district like this area

it’s pretty well guided between the South East Missouri at

the Cape and North East Missouri of Kirksville. The two

universities always supply teachers locally. You have

got your other colleges in the area; Lindenwood and

Webster.

CLIFFORD RUSSELL KIRBY, SR.

being first duly sworn to tell the truth, the whole truth

and nothing but the truth, was examined and testified as

follows:

DIRECT EXAMINATION

BY MR. OLESON:

Q. Will you state your name, address and race, please.

A. Clifford Russell Kirby, Sr., 1001 Cherry Hill Drive,

[3]

[32]

[33]

[36]

. 55

Sun City Center, Florida My race is Caucasian.

Q. What are you doing at the present time for employ-

ment?

A. I am a classroom teacher for the Board of Public

Instruction, Hillsborough County, at Ruskin, Florida.

Q. On what date were you first employed by the

Hazelwood School District?

A. The exact date I don’t remember. It was some-

time late in the winter or early spring of 1953. I didn’t

officially go to work until July 1, 1953.

Q. In what capacity were you first employed?

A. Superintendent of Schools.

Q. And how long did you remain Superintendent?

A. I remained Superintendent of Schools until the last

day of June, 1967.

Q. And that is the only position you have held with

the Hazelwood School District?

A. That is all.

A. In the early years of my superintendency that was

a Negro university.

{38] Q. In terms of the changes or anything like that, did

you ever advertise for teachers?

A. Yes, sir.

Q. All decisions concerning advertising would generally

come across your desk?

A. Yes.

[59] MR. OLESON: I would like to introduce this as our

Exhibit No. 1.

* * *

Q. Would you read the advertisement right here?

A. Yes, I have read it.

Q. Were you aware that this ad was placed on June

17, 1962, in.the Clarion Ledger of the

[60] Jackson Daily News?

A. I was aware that we placed ads in several different

newspapers in states where we normally did not recruit.

I don’t recall all of the newspapers. I do recall this one

because of this incident here.

Q. Do you recall which other newspapers you put

your advertising in?

A. No, I can’t.

* rs *

Q. In the early days what was the geographic

area from which you generally recruited your teachers?

A. From the St. Louis colleges and universities, the

State schools, Central College at Fayette, Lindenwood at

St. Charles, and that was it I never went to the east side

because I couldn’t meet Illinois salaries.

Q. Could you give me all the names?

A. Fontbanne College, St. Louis University Washington

University, Harris Teachers College, Southeast Missouri

State University, Central Missouri State University and the

University of Missouri. This was prior to Mr. Hord’s time.

MR. ENS: What newspaper was that?

THE WITNESS: Jackson, Mississippi, | think.

MR. ENS: The Clarion Ledger of the Jackson Daily

News, Jackson, Mississippi?

BY MR. OLESON:

Q. Would you please read the ad for the purpose of

Q. Did you ever recruit at Lincoln University?

A. I never did recruit at Lincoln University.

Q. For what reason?

[61]

[62]

the record?

THE WITNESS: (Reading) “Teaching

Opprotunity! Kindergarten and Elementary teachers

(white only) needed in one of the most rapidly growing,

high respected School District in America. School

District of Hazelwood is located in suburban area

of St. Louis County. Schedule ranges from

$4,600 with AB Degree (no experience) to $8,620,

depending upon exprience. MA Degrees range to

$9,570, with experience. Clifford R. Kirby,

Superintendent, the School District of Hazelwood,

Box G-Hazelwood (St. Louis County) Mo.

Sherwood 1-6404-Area Code 314.”

MR. ENS: Is that identified by a date?

THE WITNESS: That is identified as the Clarion

Ledger Jackson Daily News, Sunday, June 17, 1962, Sec-

tion B.

BY MR. OLESON:

Q. Do you recall this advertisement coming across

your desk prior to being sent to the newspaper?

A. I am reasonably certain that it did. I suspect that

the Public Relations individual handled this. We retained

about this time, somewhere along in here, a public relations

consultant firm,

and I suspect that he wrote this ad because I see some non-

teacher nomencalture in there. I don’t think I would have

written in that way, but there is certainly something in there

that I wouldn’t have had if I had sent it out.

Q. What is that?

A. “White only,” and I don’t believe that he did. In

fact, I think the evidence in the record of the school dis-

trict will show that that “white only” was not prescribed

by us. The Civil Rights group in Missouri, the State Com-

mission, has a full record on that.

[63]

[64]

EXAMINATION

BY MR. BELL:

Q. To what evidence are you referrring?

A. This ad here.

Q. I snean could you describe the evidence you are

referring to?

A. Somebody evidently sent this to this group. I

probably have their name wrong, the Missouri group, and

they wrote me about it. I tumed it over to my attorney,

Mr. Russell.

Q. You said it came across your desk prior to publica-

tion?

A. I am certain it did.

Q. In that form?

A. No, not in that form. I would not send anything

out as “white only,” not after 1954.

Q. How did the “white only” part get into the ad?

MR. ENS: I will object to this. That calls for specula-

tion and conjecture on the part of the witness.

BY MR. BELL:

Q. Do you know or have any information how that

got into the ad?

A. No, I have no information.

Q. Who was your Public Relations Officer?

A. Gregory Franzwa. I don’t know for sure that he

even wrote that. I don’t recall all the circumstances on

this.

* * *

Q. This is a deposition taken from Superintendent

McDonald at 9:00 o’clock in the morning until 3:00

o’clock in the afternoon on December 2, 1973. I would

like to read to you from pages 66 and 67.

“Q. This was a newspaper dated June 17, 1962.

[65]

[66]

What was your position at that time?

“A. Assistant Superintendent.

“Q. Do you know anything at the time, or

shortly thereafter, about the advertisement?

“A. No.

“Q. When did you first hear of the advertise-

ment?

“A. It came to my attention when the school

district was contacted by, I believe it was, the

Missouri Commission of Human Rights, or some

agency like that

“A. Well, has it come to your attention, in

the course of your duties with the Hazelwood

School District, that such an advertisement was

placed by the Hazelwood School District?

“A. That was placed by the Superintendent’s

Office.”

What would you have to say? He seems to be indicat-

ing that it had to have been through the Superintendent's

Office. Your own prior testimony indicates that—

MR. ENS: I will object to this. It is improper ques-

tioning to have him comment upon the testimony of

another witness. Each witness is free to testify as to his

best recollection, and it is up to the Judge to decide the

qualifications of the witness or the veracity.

BY MR. OLESON:

Q. Was that testimony accurate that I just read to you?

A. Yes.

A. What was that?

Q. Did you ever advertise for teachers at all other than

this advertisement?

A. Oh, yes.

[3]

[4]

Q. Do you have any idea when and in what newspapers?

A. I don’t recall when, but we advertised in the metro-

politan newspapers of St. Louis several different times. I

don’t recall how many or when, but that was common

practice in those days.

Q. Did you ever advertise outside of metropolitan St.

Louis for teachers?

A. Yes.

* x *

DR. CLARENCE O. McDONALD

of lawful age, being produced, sworn and examined in be-

half of the Plaintiff, The United States of America, deposeth

and saith

DIRECT EXAMINATION

BY MR. BELL:

QO. Would you state your name, address, and your race

for the record, sir?

A. Clarence O. McDonald, 129 South Barat, Ferguson,

Missouri.

Q. What is your race, for the record, sir?

A. Caucasian.

Q. On what date were you first employed by Hazel-

wood?

A. I began work on September first, I guess it was, in

1953.

In what capacity was that?

High School Principal.

And when did you change to another capacity?

July 11, 1959.

What position did you assume then?

Assistant Superintendent.

How long were you Assistant Superintendent?

Until July 1, 1967.

And what was your position after July 1, 1967?

DPOPrPOPOPO

[17]

[18]

[36]

[37]

(40)

A. Superintendent of Schools.

* * *

Q. Would an applicant have to have an interview with

the building principal in order to be employed as a

teacher?

A. Yes.

Q. Would the building principals make a recommenda-

tion to hire?

A. Yes.

* * *

Q. What instructions have the building principals

received as to how to employ teachers?

A. To employ the most competent person available

for the particular position they have under question, or to

recommend employment for the position.

* ok .

[65]

Q. Of the applicants interviewed, how does Hazelwood

select which ones are to be hired?

A. Upon the recommendations of the building prin-

cipals and the coordinators of either elementary education

or secondary

Q. And how — what criteria would the building prin-

cipals and the coordinators use to make that decision?

A. There are no criterion, other than competency for

the particular position.

* * *

Q. Has Hazelwood ever developed any written policies

or standards for interviewing for employing teachers?

A. No. standards

MR. RUSSELL: What did you say?

THE WITNESS: No. standards.

Q. Any particular reason why the district has not?

A. We described to the philosophy that the person

most directly involved, which in this case is the principal,

should have the lee-way to employ the most competent

people that he knows of or that he can find for the posi-

tion.

Q. Has Hazelwood ever conducted any analysis of the

various teaching jobs to see what qualifications should be

required for each one? |

A. No.

Q. Has Hazelwood ever conducted any studies to make

sure that it’s practices, procedures and standards result in

the employment of the best qualified teachers.

A. We have no standards, but we have not conducted

any studies along this line.

* * *

Q. I hand you a document which I would like to in-

troduce as Government’s Deposition Exhibit Number Five.

MR. RUSSELL: Number Five?

MR. BELL: Yes, sir. Which purports to be a Xerox

copy of an advertisement and it is of the Clarion Ledger,

Jackson Daily News for Sunday June 17, 1962 and

specifically referring to an advertisement called teaching

opportunity and the advertisement says, Kindergarten and

Elementary teachers (white only) needed in one of the

most rapidly growing, high respected School Districts in

America. School District of Hazelwood is located in

suburban area of St. Louis County. Schedule ranges

from $4,600 with AB degree (no experience) to $8,620,

depending upon experience. MA degrees range to $9,570,

with experience. And at the bottom is stated, Clifford R.

Kirby, Superintendent in the School District of Hazel-

wood, Box G - Hazelwood, St. Louis, Missouri. And, I'd

like to show you this advertisement and ask you whether

[66]

[67]

[170]

this was an advertisement placed

by the Hazelwood district?

MR. RUSSELL: May I see that please?

MR. BELL: Yes, sir.

Q. Could you tell us whether or not that is an ad that

the Hazelwood District placed?

A. I could not.

Q. Do you know how it is that it got into that paper?

A. No, I do not.

Q. Do you have any knowledge at all of that ad or

anything concerning it?

A. Only as a result of your inquiry for information.

Q. This was the newspaper — it was dated June 17, ’62.

What was your position at that time?

A. Assistant Superintendent.

Q. Do you know anything at the time or shortly

thereafter about the advertisement?

A. No.

Q. When did you first hear of the advertisement?

A. It came to my attention when the school district

was contacted by, I believe it was, Missouri Commission

of Human Rights or some agency like that, Missouri Com-

mission on Human Rights.

Q. Well, has it come to your attention in the course

of your duties as with the Hazelwood school district that

such

an advertisement was placed by the Hazelwood School

District?

A. This was placed by the superintendent’s office.

RICHARD NEGRI

of lawful age, being produced, sworn and examined in

behalf of the Plaintiff, United States of America, depos-

eth and saith:

[171]

DIRECT EXAMINATION

BY MR. BELL:

Q. Would you state your name, address and race for

the record, sir?

A. Richard Negri, 2008 Claudeen Drive, St. Louis,

63118, white.

~ * *”

A. In 1953 I graduated from Arkansas State College

and taught three years at Patton, Missouri, social studies,

seventh through twelfth grades; Hazelwood in °56,

social studies, seventh through twelfth grades until 1961.

In 1961 director of student activities in Hazelwood Jun-

ior High, 1965 assistant principal at Kirby, ’67 principal

at Kirby.

Q. And that is your present position, correct?

A. Yes.

Q. Could you describe your present duties generally?

\.A. An instructional leader at Kirby Junior High School.

Q. And you are in charge of all the personnel in that

building?

A. Yes.

Q. Who would your superiors be?

A. Mr. Huss, my immediate superior, and then Dr.

Lawson and then Dr. McDonald.

Q. Would you describe your present duties with re-

spect to the employment of teachers?

A. I don’t understand the question.

Q. Do you have any responsibility with respect to

the employment of teachers?

A. Yes, I do.

Q. Would you describe them?

A. We start at the beginning of October, or Novem-

ber, or December with the particular enrollment of the

next school year. The department chairmen are aware

[172]

[173]

of these figures, they

decide how many new teachers they are going to add

to the faculty, this is authorized by me, I fill out an

employment record for Mr. Huss and turn this in so our

needs for the next year—and then from Mr. Huss—he

takes these needs and turns them over to Mr. Hord and

Mr. Hord at the personnel director’s office secures appli-

cants and candidates for the varous positions, then Mr.

Huss arranges the dates for us to interview the candi-

dates. The candidates come to the building on the dates

and times arranged, then with Mr. Huss they come to

the office and they are interviewed by me first, then the

assistant principal in charge of a particular department.

We have three assistant principals and each one are assigned

three different departments. After they talk to the assis-

tant principal in charge of that department they are chan-

neled through the department chairman and the depart-

ment chairman interviews them and they come back and

talk to me.

Q. What happens after that?

A. If they are going to another building they take

their application with them. If I am the last principal

they have seen that day, there is a possiblity they could

go to Hazelwood West, or Hazelwood Junior High and

stop at Kirby last. If I am the last they leave the appli-

cation with me. I consult with the principals and we

make our recommendation.

Q. That is a written recommendation?

A. Yes, we put them in the categories we recommend

the candidate for the position, we put them on hold, or

not recommend for the position and then this is taken

to Mr. Huss and the principals meet as a group and go

over the application.

174]

Q. Why on hold instead of recommendation?

A. In certain cases we feel another individual more

qualified for a position and we feel if this individual

does not take the position we could go to the hold posi-

tion.

Q. So, I take it from what you said, the personnel

office, rather than you selects the person to be inter-

viewed, is that correct?

A. Yes.

Q. However, you do interview the teacher applicants?

A. All candidates.

Q. Have your recommendations as to who should be

employed always been followed?

A. Yes.

Q. What do the department chairmen do, do they

make a recommendation to you in writing?

A. Yes.

Q. You are in the position of reviewing that recom-

mendation?

A. Yes,

Q. Have you ever vetoed a recommendation of a

department chairman?

A. Yes.

Q. What instructions have you received from your

superiors with respect to employment?

A. To always try to hire the best qualified person

for the position.

Q. Have they explained to you what is meant by

best qualified?

A. It’s a feeling that a principal has, when he has

been in charge of a building, we don’t have a barometer

to set someone up by.

Q. This would not be something specific they ex-

[183]

[184]

plained to you?

A. No, —

Q. What instructions have you given your subordi-

nates, such as the department chairmen, or the assistant

principals?

A. Select the best person for the position.

Q. Have you explained to them how to go about

that specifically?

A. Just told them to use their usual common sense.

* a *

Q. What training have you had in interviewing and

personnel selection?

A. Taking courses in college and then we have had

meetings with the department chairmen and assistant

principals and Mr. Huss, work shops, and Mr. Hord and

attorney Russell at one time.

Q. What courses does that training include? You

were speaking of college courses.

A. Personnel management, educational administration

courses.

Q. What work shops have you had?

A. We have had work shops here in the district, in-

ternal work shops.

Q. How many have you attended?

A. All of them.

Q. How many has that been?

A. I can’t remember offhand how many.

Q. In your college courses you specifically studied

interviewing for faculty positions?

A. Yes.

Q. What are the minimum standards you require for

the employment of teachers?

A. Bachelor’s Degree and certification by the State

of Missouri Department of Education.

[157]

[159]

. 161)

Q. Any others?

A. No.

e * *

RICHARD SELBY

of lawful age, being produced, sworn and examined in

behalf of the Plaintiff, United States of America, depos-

eth and saith:

DIRECT EXAMINATION

BY MR. BELL:

Q. Would you state your name, address and race for

the record, sir?

A. Richard Selby, 12332 Hudson Road, St. Louis,

Missouri, Caucasian.

* * *

A. And I am still principal at the Black Jack Ele-

mentary School.

Q. I take it your duties as principal would be to be

in charge of the total program at Black Jack?

A. Yes.

Q. And your subordinates would be all the profes-

sional personnel there, is that correct?

A. Yes, that is correct.

Q. Do you have any responsibilities with respect to

the employment of teachers?

A. Yes.

* * *

Q. Do you interview teacher applicants for positions?

A. Yes.

Q. Is there anyone else in your school that does that

with you?

A. Yes, with me, the instructional specialist and the

grade chairman, where the position—where the vacancy

exists, if the grade chairman is available. I have only

done this for the last two years prior to that I did the

[165]

[166]

interviewing by myself.

Q. And the instructional specialist and grade chairman

would only interview with you in your presence?

A. That is right, they do not interview without me

being there.

Q. It’s your responsibility rather than theirs to make

the recommendations as to employment?

A. That is right.

es * e

Q. What are minimum standards that you require for

employment in addition to the state certification standards?

A. I don’t know, like I say, I have a minimum stan-

dards as such that could always be followed.

Q. Are there any particular qualifications that you

look for?

A. Yes.

Q. And what are they?

A. My impressions of her ability or his ability to per-

form the functions of a teacher and that would be based

on my impressions in the interview, the recommenda-

tions that they list and, of course, the kind of recom-

mendation I get from those people when I contact them.

Q. Do you always contact them prior to offering a

position?

A. Most always, yes.

Q. Anything else you look for?

A. Yes, their attitude toward people in general, espe-

cially toward children. I am more concerned about the

kind of approach, whether it is a humane approach or

whether it is a subject matter approach.

Q. How would you define that?

A. There are some teachers that talk about, I am

going to teach a subject, and that is it; and there are

some that say, I want to work with the children, that

[4]

[5]

[15]

makes two different approaches.

Q. Which of those would you prefer?

A. A teacher that wants to work with children.

* * *

MACK SMYTHE

MR. MACK SMYTHE, after being duly sworn by Mrs.

Sue K. Richmond, Notary Public in and for Hinds County,

Mississippi, testified as follows:

DIRECT EXAMINATION

BY MR. OLESON:

What is your name and address?

My name is Mack, M-a-c-k, S-m-y-t-h-e, Smythe.

What’s your address?

Business or residence?

Why don’t you give us both addresses.

My residence is 1126 St. Ann Street; my business

address is Mississippi Publishers Corporation, Jackson,

Mississ’ ppi.

©. Could you describe your present position and your

duties, please?

A. Advertising Director of both newspapers. I direct

the Advertising Departments of these newspapers.

Q. Could you name the newspapers, please?

A. Clarion Ledger in the morning; Jackson Daily

News, afternoon.

Q. What precisely are your duties?

A. The direction of the Advertising Department, per-

sonnel and policies.

Q. How long have you been in this position?

A. Oh, about 25 years.

* * *

Q. Was the “whites only” portion of the advertise-

ment inserted by the newspaper or was it run as sent to

you by the Hazlewood School District?

rPOPOPL

A. We try to publish copy as presented and never

under any circumstance alter copy without the acknowl-

edgement of the sender or originator.

Q. And that is a policy you’ve always followed?

[16] A. Always followed.

Q. Under no circumstances would you ever deviate

from it?

A. No.

PLAINTIFF’S EXHIBIT NO. 1

~ A“4+ pose Zz aa 4

PF poet wer 9 ne

3-/F- 7»

"he @'arfan-Legeer JACLSON DAILY NEWS

he $ Sno", June 17, 1052 -

—— oe _ .

4°" cited - PAale, Female 45 ‘Wanted - Meic, Fens!2 4S.

he ae ed to ie ee Oe ed ee

— ESET Leer ae TO? Pe eS eee

TEACHING opronrunreyt f

each tO “2” ee 6 Se

Kirdergerion and E.cmentary tearnens (whe oniy) 1 Ke, ‘

‘

in ore of Most rapa coveng, fda gromerts 2 Sti. ~5 + Sesto

tists its AT Osea. Sos, Usteiet of tare: weed is soreted = its

Ce - -~-- P ;

subdues erca Of S*. tivis County. Scereicie saree: fie nm :

$4, 620 with AB cearee (ne erpere*ctt) to $3 £26, ecpea’

Wg uron expenence. MAA cogress rarce to $9,570, with

2xperence.

Ci-fiord R. Kirby, Supcr.atencont

THE SCHECL CistRicy CF tie. 2ZELV/OOS

Box Getisze:wood (St. Levis County,) Me.

Sherwced 1-5554—Arca o:da 314

ee ee ee

2 Ewe Pee 7 ETTerEoar::

ee te, tt a

DEFENDANTS’ EXHIBIT A

Out by heal 4

f-s9- 74

PROOF OF FUSLICATION

Attached is a ciuipj.ms of ~our c!+.- tied ad which

Was Iheciied accurding to Mairiclions ia

Classification ~- .- in Our Issue Of

4 P . Sota

== oe ~~ -—

TEACHING OPPORTUNITY!

Kindergirten and Elementary teachers neeted in one

of anost rapidly growing. hichly respected School Dis-

tricts in America. Schowt District of Hazelwood i« lo-

ested in suburban area of St. Louis County. Schedule

ranges from Stoo with AB decree (no experience) to

S455 depemling upon experience. MA degrees range

to SY S00, with expenence.

Ctifford BR. hirts, So, 6 ce teadent

THE SCHOOL DISTRICT OF HAZELWOOD

Roy (—Haseinood «st. Toale Coente: - a.

Sherannad 1-6it—Area Cade 214

-You may be sure we apprecinte sour business and

louvk torward tu the oppertunity of serving you

BZwuUIR sun

Walter E. Wood

Myr. Classified Advertising

MEMPHIS FUBLISHING CO.

Publishers of :

The Commercial Appeal Memphis Press-Scimitar

Morning and Suntas Evening

; ony 38? « 2 *,?

DEFENDANTS’ EXHIBIT C

[4] EMMETT SUTTON

MR. EMMETT SUTTON, after being duly sworn by Mrs.

Sue K. Richmond, Notary Public in and for Hinds County,

Mississippi, testified as follows:

DIRECT EXAMINATION

BY MR. OLESON:

Q. Would you give us your name, your business ad-

dress and your home address, please?

A. Emmett C. Sutton, 3761 Northview Drive, Clarion

Ledger — Jackson Daily News, 311 East Pearl.

Q. Would you please describe your present position

NL EMPLOY eee ;

: 4° Help Wanted -Feraie

Teaching e : and duties?

ee et A. Classified Advertising Manager of the Classified De-

Oppor tunity: = partment for both papers, morning and evening edition.

“”

Q. How long have you been in this position?

A. Approximately 25 years.

Kincsergarten ard Eleren-

tary teachers needed in cone

of most rapidiy growirg,

h scly respected Schesi Dis-

| ftricts «m America. Sz-0!

’ Distr ct of Hazelwood is .5-

cated © suburban area of

Q. Would you describe your duties in 1962 regarding

classified advertising?

A. Handling advertisements over the telephone, through

e ®. Louis County, Sehed.'e the mail, through the front counter, and whatever.

ranges from $4.65) witn * * .

A3 doz (: sere-ce) ‘ P P

'" @ s8.40° ea oe [8] Q. Was this advertisement run in the same words as

. experience. ‘4A degrees it was received from the Hazelwood School District?

rarze to 39.5790, with ex- * 7 7 :

-_ °

A. I wouldn’t know whether that is the exact one or

not. I’m reading just what’s in the paper.

Q. As a matter of the policy of the newspaper, would

NG Ctttord R. Kirby, Superin:or-2--

5191 THE SCHOOL D!ISTRICT

OF HAZELWOOD

BUNDAY MoyttyeyIaea 17. 196

| hd epusoy 37 ‘M¥sby 7

= ir Gabiiidiiaca you ever have changed an advertisement yourself?

beer St. Louis Counry', Ma. A. No.

a bt She-na0d 11-6454 * * +

‘

_ Area Code 314

; wa [9] Q. Was the policy of the newspaper always to print

ose! "ATTRACTIVE. ONEN cag stgite ee ‘

coe ak advertising in the exact words in which it was received?

; ‘ne i @ New Bxciice * * *

A. We make no changes in the copy.

[3]

[4]

[5]

[7]

[8]

* * >

Q. Was that advertisement placed as it was received?

* *

I object to that as calling for a conclusion.

A. As far as I know. I wouldn’t know.

* * *

RAYMOND WEAVER

of lawful age, being produced, sworn and examined in be-

half of the Plaintiff, United States of America, deposeth

and saith:

DIRECT EXAMINATION

BY MR. BELL:

Q. Would you state your name, address and race for

the record, sir?

A. Raymond Weaver, white, 10317 Lilac Drive, St.

Louis 63037, Missouri.

* * *

Q. In what capacity did you first come to Hazelwood?

A. As a teacher, sixth grade.

Q. What positions did you hold after the sixth grade

position?

A. Principal.

Q. And what year did you become principal?

A. 1962.

Q. Of what school?

A. Charbonier.

Q. Is that your present position?

A. Yes, sir.

* e *

Q. Do you recall ever interviewing any black applicants

for professional positions?

A. Yes, sir.

Q. Could you give me their names?

Q. I am not certain what their name is, one I think is

[9]

Would that be Beverly Ellis?

I don’t know what her given name, Christian name

Q. Any others that you can recall?

A. No, not their names.

Q. I would like to show you some names on page 12

and at appendix one of the Government’s answers to de-

fendant’s interrogatories and ask you whether you have

seen any of these names before and if so if you would

tell me which names you have seen before and when you

first saw them. First of all, the names on page 12.

A. I don’t recall those people.

Q. You are referring to page 12? Is that correct?

A. Right.

Q. Would you look at the four pages of appendix one?

A. I do not recall for sure whether this was the Ellis

that I am speaking of or not. I just don’t recall.

Q. You are referring to Beverly Ellis on the first page

of appendix one, is that correct?

A. Iam not sure of her name, but it seems to me I did

interview her. My office was broken into and my rec-

ords were all messed up and destroyed. I had a problem

there. Well, I may have seen —

MR. RUSSELL: There are four pages of that.

A. Oh, there is four pages. I recall interviewing two

people and two colored people is all I ever recall. One

was under contract at the time.

Q. Do you recall whether that was Beverly Ellis?

A. No, I don’t recall. No, it wasn’t. She was work-

ing for the City of St. Louis whenever I — As I recall at

that time.

Q. When you interviewed the applicant whose last name

was Ellis, was that for the °72 - ’73 school year?

[10]

A. I don’t recall, I don’t recall.

Q. With respect to the person you are speaking of, did

you recommend her for employment?

A. No, I didn’t.

Q. For what reasons?

A. She just didn’t fit any of the descriptions. And,

her records in St. Louis — she taught at different schools

each year most of the time.

Q. And how many different schools do you recall?

A. I don’t recall.

Q. Have you ever had occasion to hire anyone who has

taught at a number of different schools before?

A. I don’t recall. I assume that I have had the chance,

but I don’t recall anyone.

Q. Any other reasons, excuse me.

A. Go ahead, I am just trying to think.

Q. Are there any other reasons you can point to that

you did not recommend the applicant named Ellis that

you are referring to for employment?

A. Well, I asked her all kinds of questions about the

teaching situation and she didn’t respond to the questions.

She was very slow in responding to anything and I tried

to get her to respond to different types of leading ques-

tions.

Q. Do you have any ideas of the types of questions

you are talking about?

Q. Well, the type of classroom that she conducted per-

taining to discipline, anything along these lines. Whether

she could inspire children or not, whether she was creative

in her teaching and such as that.

Q. What qualifications do you believe a teacher should

have to be employed?

A. Well, honesty and vitality, good health, she should

have an ability to inspire children, character strong, will-

(11)

[108]

[109]

ing to accept criticism, constructive criticism and be part

of the total working force for the betterment of children.

Q. Any others that you can think of?

A. Oh, there is many others. I am always willing for

— but those are the very foremost ones, especially in the

inspiration of the children and leadership of children.

Q. These are things that you attempt to measure dur-

ing the personal interview of the applicant?

A. Those are some of the things.

* * *

C. Testimony at Trial

ROBERT W. HOWELL

called as a witness for the plaintiff, being first duly sworn,

testified as follows:

DIRECT EXAMINATION

QUESTIONS BY MR. BELL:

Would you state your name for the record, sir?

Robert W. Howell. My name is Robert W. Howell.

And your address?

898 Alanson Drive, University City, Missouri.

What is your race?

Black American.

. Did you ever apply to the Hazelwood School Dis-

trict for a teaching position?

A. Yes, I did.

Q. I would like to show you Plaintiffs Exhibit No. 21

and ask you to review that and tell me whether it is a

copy of your application to the Hazelwood School Dis-

trict?

A. Yes, it is. This is the second one.

Q. Is the information in the application correct?

A. Yes.

Q. Did you ever file any other applications other than

that one with the Hazelwood School District?

POP

{110}

A. Yes, my first application was in 1971, right at the

end of my teaching at Hazelwood Senior High School.

Q. What time of the year was that?

A. May, May °71.

Q. Were you ever offered a teaching position by the

Hazelwood School District after you filed your applica

tion, that is, after either of your applications?

A. Not directly, no. After the first one, | was more

or less led to believe, if an opening was available in the

field of social studies that I would be greatly considered

because certain individuals liked the way I handled stu-

Gents, like the rapport that I established with the students

during the February term.

MR. ENS: I object. These statements are self-serving.

THE COURT: Sustained, unless you establish who said

it.

Q. (BY MR. BELL) Who said that?

A. The first one was my co-operator, my co-operating

teacher, Mr. Frank Waddell, W-a-d-d-e-l-l, Frank Waddell.

Q. And who else told you these things?

A. I believe I spoke with Mr. Salada out there.

Q. Spell that. :

A. I believe he spells it S-a-l-a-d-a, but I am not too

sure about the way he spells his name.

Q. Were you ever offered a teaching position by the

Hazelwood School District?

A. No.

Q. Did you receive any scholarship or awards while

you were in college?

A. Yes.

MR. RUSSELL: I object to that as immaterial.

THE COURT: Overruled.

THE WITNESS: I received a two ‘thousand dollar

scholarship from the Missouri Law Enforcement Assistance

[111] Council.

{112]

Q. (BY MR. BELL) Why were you given that schol-

arship?

MR. ENS: I object to that as immaterial.

THE COURT: Oh, I will let him answer unless some-

body was told about it, then it would be hearsay, but

if it will save time, let him answer.

THE WITNESS: I was chosen from the economics de-

partment to do a study of the Missouri field in the juvenile

justice system, in the St. Louis County area. I was chosen

from a wide variety of people in the University of Missouri

at St. Louis.

Q. Was that based on your academic accomplishment?

A. Grades in economics.

THE COURT: Is that grades and economics or grades

in economics?

THE WITNESS: Grades in economics.

Q. (BY MR. BELL) Did you ever communicate the

fact of that scholarship to the Hazelwood School District?

A. Yes, they knew it.

Q. Do you recall whom you communicated it to?

A. Just about everyone that I came in contact with.

THE COURT: Mr. Witness, I am sitting within three

feet of you and I cannot understand what you’re saying.

You are mumbling.

THE WITNESS: I told everyone I spoke with at the

school in regard to their showing an interest in me, like

the person I mentioned before, Mr. Salada, and especially

Mr. Waddell.

Q. (BY MR. BELL) You previously said you did your

student teaching in the Hazelwood School District. At

which school?

A. The senior high. At that time it was just one build-

ing.

Q. Do you recall whether there were any other black

[113]

student teachers there when you were doing your student

teaching? .

A. Not to my knowledge. I didn’t see any.

Q. Have you taken any additional courses beyond your

Bachelor’s degree?

A. Yes, in May I will have twenty-one hours on my

Master’s degree at Webster College.

Q. When did you begin taking those courses?

A. I started in September of ’71 and I was taking

one course a semester.

Q. After your first application in 1971, were you ever

offered an interview by the Hazelwood School District?

A. No.

Q. After your first application in 1971, did you re-

ceive any correspondence from the Hazelwood School

District?

A. Yes, I believe it was in October, they sent me a

letter saying that there was no openings in the field of

social studies, for which I had applied, and later on in

December they sent me another letter stating that if I

wished to renew my application the following January

I could. do so and if I did not do so, the application

would be destroyed.

Q. After your second application to the Hazelwood

School District in March 1973, were you offered an in-

terview by the Hazelwood School District?

A. No, I wasn’t offered an exact interview. The only

reason I applied the second time, I was talking with my

ex-cooperating teacher and he told me to go on and ap-

ply again and with that suggestion, I applied again and

he said he knew there were going to be openings in the

social studies department for that September.

Q. Did he tell you how many openings?

A. No, not exactly. I didn’t find that out until I

[114]

[115]

returned the application in person and later on I was

told by John Wright, who at that time was a department

head, stating that there was exactly four or more openings.

Q. Following your application to the Hazelwood

School District, what has been your employment?

A. I have been employed by the St. Louis Board of

Education since September 1971 to the present.

MR. BELL: No further questions.

* * *

CROSS EXAMINATION

Q. Is it not true, that in the field of teaching, social

studies probably has more applicants than any other field?

MR. BELL: I don’t know whether the witness knows

that.

MR. ENS: I asked him if he knows.

THE WITNESS: I am told that that is a generally ac-

cepted statement every place.

Q. (BY MR. ENS) Every place?

A. Yes.

Q. Have you made any applications at any other schools

other than Hazelwood?

A. Yes.

Q. Where?

A. I made one in Normandy and one in Ladue and another

one, I think it was Jennings, I applied there also, I think,

I am not too sure but basically, the first one was Hazel-

wood and I knew that school because that was where I had

gotten my training, that was where I taught, where I had

done my student teaching. I felt because I had done my

student teaching there I would be known, otherwise I

would be a name on an application.

Q. Were you employed by any of these other districts?

A. No.

Q. By whom were you employed?

[153]

[154]

A. When?

Q. At any time after you made this application?

A. Just the St. Louis Board of Education from °7!1 to

the present.

Q. Is that the reason for the little tag you wear?

A. Yes, it is an ID badge.

Q. That is what they are using in the St. Louis school

system?

A. Yes.

Q. You are still employed by them?

A. Yes.

a * =

CYNTHIA EDMOND

called as a witness for the plaintiff, having been duly

sworn, testified as follows:

DIRECT EXAMINATION

QUESTIONS BY MR. OLESON:

Q. Would you give your name and address, please?

A. Cynthia Edmond, 1735 Chiquita Terrace.

Q. What is your race?

A. Black.

Q. Did you ever apply to the Hazelwood School Dis-

trict for a faculty position?

A. Yes, I did.

Q. Would you look at Government’s Exhibit No. 11

and identify it, please?

A. It is my application.

Q. Is the information on it correct?

A. Yes.

Q. Were you ever offered a position by the Hazelwood

School District?

A. No.

Q. What kind of Missouri certificate do you have?

A. Life.

[155]

—_ iT —-, -» "-™_”-, = _

In what areas and what grades are you certified?

Social studies, seven through twelve.

What was your grade point average at Valley State?

Two nine.

Out of what?

Four.

What was your average in your major?

Three point three.

Why did you apply at Hazelwood?

A. I was living in the area and I wanted to teach

in that area. We only had one car and that was my

only transportation in that area.

MR. RUSSELL: We don’t even know what she is

talking about. We can’t hear her at all.

THE COURT: Speak up. These gentlemen have to

hear you.

THE WITNESS: I was living in Hazelwood. We only

had one car and that was my only transportation for get-

ting to work.

Q. After you returned your application to Hazelwood,

what happened?

A. I received a letter telling me to up date my file if

I wanted to remain on the list, if I wanted my applica-

tion to remain on file, and later in July of last year I

went down to the Board and the receptionist sent me

to a lady in the back, I don’t know her name, but she

told me that she couldn’t tell me if there was a possi-

bility that I would be hired because there were approxi-

mately five hundred teachers on the waiting list.

Q. Did you renew your application?

A. Yes, I did.

Q. Did you have any further contact with the Hazel-

wood School District? ;

A. I gota letter from them in December, telling me to

DPOrPOPOPO

[156]

[157]

make sure my file was up to date because they were going

to or they were getting ready to interview for the next

school term.

Q. How did you respond to that?

A. I sent a letter back and making sure that all my

certification, my certificates and things were in.

MR. OLESON: I have no further questions.

CROSS EXAMINATION

QUESTIONS BY MR. RUSSELL:

* * e

Q. It is not dated?

A. No.

Q. The date shows at the end of your application as

July 10th, 1972, isn’t that correct?

A. Yes.

Q. That is the first application that you made?

A. Right.

Q. And that was during the summer vacation and po-

sitions for the ensuing year might have been filled at that

time?

A. Yes.

Q. Did you understand that?

A. Yes.

Q. You understood there were no vacancies available?

A. Yes.

Q. But tiie district did get in touch with you and ask

you to keep your application alive so that you could be

interviewed at some future time?

A. Right.

Q. And your major is in social studies?

A. Right.

Q. But at the time you applied and at the time they

got in touch with you the second time to keep it alive

there were no positions available and you understood that?

[209]

[210]

A. Right.

* * *

WILLIE J. PALMER

called as a witness for the plaintiff, having been first duly

sworn, testified as follows:

_ DIRECT EXAMINATION

QUESTIONS BY MR. BELL:

Would you state your name, please?

Willie J. Palmer.

Your address.

5201 Northwood Drive, St. Louis, Missouri.

And your race?

Black.

. Did you ever apply to the Hazelwood School Dis-

trict for a teaching position?

A. Yes, I did.

Q. I would like to show you Plaintiff's Exhibit 31

and ask you to identify it, please.

A. Yes, sir.

Q. Is that a copy of your application?

A. Yes, it is.

Q. Were you ever offered a faculty or staff position by

the Hazelwood School District?

A. No, sir, | was not.

Y. Your application indicates that you attended Stowe

Teachers College from 1946 through 1950, is that correct?

A. That is correct.

Q. What was the racial composition of Stowe Teachers

College when you were in attendance there?

A. All black.

Q. Where was Stowe College located at that time?

A. In the City of St. Louis, at Pendleton and Cottage.

Q. Does it still exist as a school?

A. No, it does not.

OPOPrOPe

{211}

Q. What happened?

A. In 1954 the Supreme Court decision outlawed inte-

gration supposedly and Harris became part of Stowe.

THE COURT: Or Stowe became a part of Harris?

THE WITNESS: Yes, Stowe became a part of Harris.

Q. (BY MR. BELL) Have you taken any additional

academic courses following your graduation but prior to

your application to the Hazelwood School District which

are not all included in your application?

A. Yes, sir, I have.

Q. Will you describe some of those?

A. In 1965 I attended Southern Illinois University at

Carbondale, taking.up geography, political, and in 1966

during the fall semester I was at SIU at Edwardsville tak-

ing up tested measurements and modern math; also in 1966 I

went to Carleton College in Northfield, Minnesota, where I

took up geology and astronomy, and starting in 1967, through

the National Science Foundation, I received a grant for the

University of North Dakota at Grand Forks, North Dakota,

taking up chemistry, biology, physics, geology, and

calculus and in 1968 back to SIU taking courses in

reading and also, taking reading certification for the State

of Missouri through Harris Teachers College and in 1969

back at SIU taking up courses in mass communication and

in 1971 Rochester State Junior College at Rochester, Min-

nesota, taking courses in mass communication and in 1971

taking up technical writing through an extension college

course of the University of Minnesota, and in 1972 attend-

ing Chicago State University taking up courses in statistics.

Q. Do you recall what documents you forwarded to the

Hazelwood School District? Are they all included in the

application file or are there others?

A. Other than the letter I sent, I sent along a letter tell-

ing my reasons for applying and the reasons why I wanted

[212]

to come back to St. Louis and they are not here.

Q. Did you receive any grants or scholarships for any

of your post degree education?

A. Yes, I received three grants, one from SIU in 1966

and one from Carleton College in Northfield, Minnesota —

I received one from Carbondale in °66 — no, I think it

was SIU at Carbondale in ’65 and Carleton College in

Northfield in ’66. I think that is right, SIU at Carbon-

dale in ’65 and ‘66 Carleton College in Northfield, Min-

nesota, and °67 I spent the academic year at the Univer-

sity of North Dakota, 67 and ’68.

Q. Did you receive a grant to attend the University

of North Dakota?

A. Yes, from the National Science Foundation.

Q. What other employment experience have you had

outside the field of education? Have you had any pro

fessional experience?

A. Yes. In 1971, I think it was, I decided to go into

the business world and ! started working for IBM at Ro

chester, Minnesota, as an external communications special-

ist, editing papers for external use, outside the company,

and for general conferences, co-ordinating programs on a

plant wide basis, devising visual aid communications and

aids to help authors write papers and special assignments

in community relations. I attended classes within the

plant that gave insight into the industrial world and I

also had slides prepared for speakers who made external

presentations. IBM has a subsidiary, which is SRA, that

is, Science Research Associates, located in Chicago at 2525

East Erie, and having been in the field of education, I

transferred laterally from Rochester to Chicago, Illinois,

and while there, I was a co-ordinator of equating studies

for pre-test of the products and I directed random sam-

pling of all possible mixes throughout the units. I also

Las

[213]

[214]

edited copies, or rather publications at that time and I wrote

items for diagnostic tests for reading, research reading mater-

ials, and basic tests to be used in professional literature

or awareness tests. These were some of my duties. |

also wrote the manual for th. administration of these tests

while there.

THE COURT: How far did you go in the field of

education? In other words, what degrees do you have?

THE WITNESS: I have a Bachelor of Arts. I didn’t

believe in a Master’s degree. I believe in specializing in

the field in which I could help kids and that applies to

whatever field I have worked in and I feel I have gotten

as much expertise in that field as possible while I was in

it.

Q. (BY MR. BELL) Were you ever offered an inter-

view by the Hazelwood School District?

A. No.

THE COURT: Let me ask you one question. What

are you certified to teach in Missouri? What is your cer-

tification?

THE WITNESS: Well, I have had three certifications,

three certificates. I have the following certifications, ele-

mentary, that is, grades K through 8; math 7 through 9;

social studies 7 through 9; reading studies 1 through 12;

English 1 through 12, and curriculum 7 through 9.

Q. (BY MR. BELL) Since you applied to Hazelwood,

what has been your employment?

A. University City High School, as a reading specialist.

MR. BELL: Thank you. No further questions.

CROSS EXAMINATION

QUESTIONS BY MR. RUSSELL:

Q. Mr. Palmer, you have quite a history, at least as

you have given it to us. You do not have a Master’s

degree — or do you have a Master’s degree?

[215]

(331)

[327]

A. No, I do not.

Q. Do you know that you cannot be certified as an

administrator without a Master’s degree?

A. I do not know.

Q. If I would say to you that that was required by

the State of Missouri, then you would not qualify for

an administrative position?

A. If the State requires a Master’s, I would not, no.

« ” -

Q. Then you had the Enright reading clinic from *69

to °70, one year, and your salary was eleven thousand

two hundred dollars, is that correct?

A. Approximately.

Q. Did you know the salary schedule in the Hazel-

wood School District at this time?

A. I believe I did.

Q. Did you know that the salary schedule for a person

of your qualifications was nine thousand four hundred and

fifty dollars?

A. No, I did not.

Q. Now from 1970 what did you do?

teaching. Are you teaching now?

A. Yes.

Q. Where?

A. University City High School.

Q. How long have you been there?

A. Two years.

Q. What subject are you teaching?

A. Reading.

a” * 7

RUFUS YOUNG, JR.,

called as a witness for the plaintiff, being first duly sworn,

[328]

[330]

[311]

testified as follows:

DIRECT EXAMINATION

QUESTIONS BY MR. KEELING:

Q. Would you state your name and address for the

record?

A. Rufus Young, Junior, address, 901 Shandel Drive,

University City, Missouri.

Q. Where are you employed?

A. ‘Sy the St. Louis Board of Education.

Q. In what capacity?

A. Director of Personnel.

7 Sd .

Q. What are your responsibilities?

A. My responsibility is for staffing the schools and all

other positions, certificated or non-certificated, substitutes,

report keeping and all that has to do with personnel.

Q. Does that include the employment of teachers?

A. The employment of teachers, administrators, plumb-

ers and painters, testing and oral examinations and recruit-

ing and all that goes along with that.

Q. From what sources does the St. Louis City schools

obtain applications for employment? °

A. Sources?

Q. Yes.

A. Well, there are several ways. Of course, when we

receive applications, many will walk right in and we call

those walk-ins. There will be others that will call and re-

quest applications by telephone and then we have a re-

cruiter who

will go out into the field.

Q. Do you know what percentage of your applications

you obtain through the recruitment of teachers?

A. The percentage of applications through recruitment

will be in the neighborhood of thirty-five or forty-five per

cent, no, I think it would be more like thirty-five or forty

[332]

per cent.

Q. How is your office set up for recruiting teachers?

A. I have a full time recruiter whose sole job is for

recruitment the whole year round and there are times

during the year when he needs assistance and we may

use assistant principals or any of the other supervisors in

the specialized areas and we will send them into various

colleges and universities and the program in terms of hir-

ing, the practice in our system with five districts, is that

the teachers are requisitioned.

Q. Requisitioned by whom?

A. By the district superintendent or the assistant super-

intendent in charge or by supportive services which takes

in art, music, physical ed, counselling, and guidance, and

so forth.

Q. They let you know how many teachers they need?

A. Yes and their need is based upon the budget pro-

vided by the Board of Education, and then as their re-

quirements occur, opening or closing classrooms, they re-

quest, through my office, their need and we attempt to

supply the

need based upon whatever it happens to be.

Q. What is the reason that the St. Louis system has

a recruitment program? Do you not get enough appli-

cants without recruiting?

A. We get enough applications without recruiting in

most areas. The major reason, I think, for recruitment

is now, of course, and in the past, too, is for greater

selectivity. We have an opportunity, rarely utilized in

the past, because of conditions governing employment,

to be selective. That is not solely the reason. You have

an opportunity to interview the applicants at close hand.

We have applications from those who come in and as

they come in, if they walk in, they are interviewed on

the spot. That is not always possible but if they tele-

[333]

phone in, they ask for an application and you don’t

know what you're going to get. Our first objective is

to get the best possible but if they telephone in and

they ask for an application, you don’t know. We also

have a staff balance and that is possible through inter.

views. We try to keep within reason ranges of racial

balance. Basically, those are the two reasons for re-

cruitment.

Q. Obtaining the best possible and keeping a racial

balance?

A. Yes. |

Q. You say you have a staff balance problem and you

try to keep within a certain range on races?

A. Yes.

THE COURT: Tell me what the percentages are.

THE WITNESS: The percentage in our system, in

terms of race —

THE COURT: What do you try to keep?

THE WITNESS: We have at this time about fifty-one

per cent black. It is usually about fifty-fifty and that is

generally what they have had over the past few years.

The Board of Education has adopted a formal staff bal-

ance policy but in that staff balance policy there is a

specific percentage that is stipulated but we try to keep

within the range of what appears to be the correct fig-

ure and fifty-fifty is what I have been operating under

and my recruiter in mzeking arrangements for recruitment

and in selecting colleges would operate along that line of

about fifty-fifty.

THE COURT: Do you have any basis for the fifty-

fifty figure that you use for that? Is that about the

basis of the population?

THE WITNESS: No. We have discussed the various

potentials and possibilities and whether it ought to be

[346]

[347]

based upon the City black-white ratio or the number of

pupils in the schooi system ratio or the present number

of teachers and at this point we have no definitive percent-

age and we are using fifty-fifty and it seems reasonable.

THE COURT: Thank you very much.

. s e

QUESTIONS BY MR. ENS:

Q. In your selection of teachers, what do you try to

achieve?

A. Competency first.

Q. Do you try to select the best possible teacher for

the position that is vacant?

A. Yes.

Q. What non-discriminatory standards do you use in

selecting those teachers?

A. Well — You said non-discriminatory. We do dis-

criminate in terms of competency, that is, we discriminate

against those that were the least competent. We

will accept applications with transcripts. I will tell

you how we go about it. As those applications arrive,

transcripts and references and everything that would go

into making a judgment, we will have a specialist in the

area, black and white, we usually try to pair supervisors

and they will go through the transcript, they will go

through the recruiter’s remarks in terms of this better

view and they will take into consideration the national

teacher examination scores and that will give them some

input as to the caliber of this applicant and they will

rank them as excellent, outstanding, average, below aver-

age and they will —

THE COURT: If they are outstanding they are above

average? They are first excellent, then outstanding, then

average and then below average?

THE WITNESS: Yes.

[348]

THE COURT: If they are outstanding, they are above

average and if they are excellent they are above outstand-

ing and then they are average and below average?

THE WITNESS: Yes, based on the areas that | men-

tioned.

THE COURT: Excellent, outstanding, above average,

average, and below average?

THE WITNESS: Yes. Then they will give them an overall

writing, as these two individuals decide and who have the com-

petency to make the judgment, based on the data available and

they will place them in one of those categories and these

applications are filed and one them is placed a card in

color which denotes the rating in terms of excellent, out-

standing, above average, average, and so on and when the

requisition comes in from the superintendent for a subject

in that area, then we go into the excellent or outstanding

color area for that subject area and if there is a need,

they will requisition whether they need black or white

at this point to enhance their staff balance and we will

not sacrifice competency for the sake of staff balance

but where there are individuals in that same competency

range that would enhance staff balance, that person would

be placed. I don‘t know whether that is discriminating

against all the other or not.

THE COURT: You mean you haven’t heard from any

sources about that?

THE WITNESS: Well, not yet. We also notify candi-

dates, that is, those that fall below average or unaccceptable,

we notify them that they are no longer being considered

but many times we have to get into the critical areas, we

get into the average because that is all that is available.

Q. (BY MR. ENS) Do you consider, one, the level of

certification in hiring?

A. Say that again.

[349}

[350]

Q. Do you consider the level of certification that a

person has in hiring?

A. Yes, we consider the certification of the person.

Q. Do you consider the years of teaching that a person

has?

A. Yes.

Q. Do you consider the highest degree that the person

holds?

A. Oh, yes, that is all a part of this input.

@. Do you consider those in relation to the positions

applied for?

A. Yes.

Q. Do you then stop there, when you have reached

that point and you have compared those things or do you

go further with a person who is being interviewed to try

and determine whether or not one person has certain in-

tangible assets or characteristics that might make you

prefer him over another person?

A. Yes, we do. —

THE COURT: Let me ask you a question. That would

have to be based on an interview?

THE WITNESS: Yes.

THE COURT: But you haven’t indicated an interview?

THE WITNESS: Once they are requisitioned in the

areas you described, in terms of degrees and experience and

all the other kinds of things that would make up the total

person, then these names of the top candidates that would

fit the requisition are returned to that district office and that

district office would be furnished with several names for that

one position, of the top candidates. Then that district super-

intendent, his district assistants, principals or whatever

he sees fit to use as the interviewer, interviews the

applicants for the position and after that they will make

the selection from that group.

—_— +.

“7.

Trial

ve >?

ost 9

Ueneges SMS Arwayyryg

eae

Eo CPAP ERY NTs se—

EPROP EEN ja] RO” Dry

¢ 910 ‘erydwes

®3i1 Munoz

*SinOS5 4 SUSHIORILE NIG GPO, Yone QiIM @overodue pey nok onwy

| eee calewaiene

“MNCS OOK C SERESIS es

"Zip pwey “OOPU

TUURY SBpUL LT 88-IO ¢edeBue nod op svoj;seos009 eye vy

ouoR ¢ P*2}90860 not ele SyONezIuCedIGO AVLPUwOD yeYm WIA

lee

WIT iaany PPA Om a88E 20) Krje04, yo veutpuss

SoOg 899}9G 12499 (9)

duoK 1206€as 103 NOK uodn WIPUICaP Atloym suosied 3° 460uT yD

eee ee eee

panoarg-—————. ¢ Buraty ‘puegeniy 20 o74y

e@UuoK Suuesy (q)

~ GUOK 43S (&) sr29;0q jeorshyg

Peeisedas

0269

VOIPINYD JO o5. Perrrug PeTsseK

148124;

™~

mot ‘sz sung WIS 19 aeG

SVOTINTOG 20110

__.. * 2 P8966 ‘@custas TeoTstTos (sso0fqrs)

“a: SH WABOTORCOS "ZIG TOuRMSZ TeeamOD GOTPNTS TETOOS TV IONS VBI s0Wwes 20 sorves

» (20070) (Aiaciag VE USI) (epezn)

, }ese] Areqwuewas yz

_ , *pessep votjyisedg

(oh #@L) (epe> rz) = (aaeng) (A3) feens)

ethanune>-cu - OAOIU Se. ws **SPPe weueMed

__ EN MOL) (OD 417) (99896) (A513) (383295)

Gents GtiY FanecesyyW ‘s)n07] “4g Bzommy zort = “SMPPe ese

{owe}! @[Ppty) (@4eN a8a1 4) (@ue 568)

uetD 4x2090], ‘ Tewuog *™

- Tas=ts- 26, "0 Miunses “205

ETAT “oT daonaeag ota

~WSOIS8?d ‘J

- . ~ wonoy

anne = en gan renitg mOlalsCd ONIRDT3L &Gs HOILVOIIddy Tr 310g snajasowy}

an * oe drupe “™ MBIAIIIS] 195

— eg OMIA LCCTe “OW ‘suceere: 5 B ONME De “bay

_— ig AP. owrnat tes 4 "PY Acted SEH MEN SSEsi sepa acuysy |

“— ? arn enw es resays!

: Met stat < on 23-9 1 oe SUZ Zt ii

“Stale aats Poa, sel ade? VOOR5S COGAIE2ZE ii ee Ee

: iy

AIO AUNE TIA eT 290. TUIAHOS wb ak... wowed panens aoryea puamaaend Lon Byeuspos") “Auge

oh 4p "aauataura "FuluIen. feed JO aeUTISa a)a]dWOD siow & Fad []IM ING) LOLMGICHUT jer oltp pe sue sae] 44 ppy

“pe

ATSTOUSNES POPSSS (MMSE J!) CRY WIS —ST ETT Ae PPD — “PwOP Fem Suryrraa suaprus

Dur VOLTA sSOO aNOd YUNA Ut rave 128@s J0/Pus 13aa] 2res¥ Sy) JIEDIPU! 28821q “To rgeues ¢ 190425 W31H sO; Neg

cub. DP PRINTERS €lecues tH sotun[ uae € S109urS eivawalg ut e2uataadxe sicad jej0)

’

1 !

ome } !

= ——— aes al

= ~s= OCs | | “SO & | be,Z,! Tete SNR PTL Ge ZIPS TS POON SSH

to --= 0095 : ‘¢ j 69,e-5,.:°S° «oa « Auzy *s'a

WOTJ TIE SL! 30 JOOUIS

JO VOTJEDO pue owen

waysds ur: “SIA

SI9YIED]L “ON |; JO OK

' 410 a7hIH

AONSSIdXS ONINIDVIL “Tl

> “Tet a sune quawhkojd wa 49} acesyeay 238g

a2ei¢d SSTPAIS Tepoos ¢ Ply HUM UF ‘OTT

--- bay -e Om asenpesd pnutwos oD vejd nods 0g tZ5t AH JOOUSS UB] Dep Ise] PATH

wor arers aad pue pjoy Aew nod 0282131122 Purysse; seqro Ave 1817, .

% a tJ ON m° §220 31D F,J9GIEI] UNOSSTA ® 39) Pat}der NOA sary ‘xu a |

‘ : “8 ; . on “A272 “wag

Fed ttn ry) or cyst oo ‘hut 0 —

2 oN (x) **4 EVNOSSI, VE PITes 9e91;11129 ® poy nod og

:83200 arriiccidde yt 231g

CZ2z sipasD pewoLl preg

8 co | at | $5 "Nosegesetpars ° 90S *s’s Cl-Td | SpROT *sS-"OW FOTN

a i ites i ’ APTies, passcpacrd

ee — Sex¥ TEseGTt Buon | Ge9SS} STNCT *GS-"OK ZO UN

7 on ° ee ne ee Er TET TE EOE TT

»t ‘SFr Due sic, eatjeaijpursecs aette4 WOU peas. Lou ocy 2 eeeN |

* ‘et PSI Mes SAA Wes | yo tary aac’ DapLesii® aeaj1oy

ee OM Ow

es Se BS ON

Coote “Te sqvepueny jo seeg 4 se, *™olsia

~--—— pHUM 1eOLTHELELET BLE DER SLT MPEY TOORDS Gein SOPUSS PORT ATE TOONS on

OXMIAIVYL TWAOILCTAOES GLY NOTLVONaGZ

9% ? rv’ XY .

° Z C e | . = Pe

CSPSSQNS seduejar las Ad SAAT FBUpUTE.. *°4!-99!9D (219"Mse2w) pwOotasyag

Fy (ON) saqeydly FoRyseey peraVey

WEISZ OTN TieqnS puw AppeeATUA ae Dajapeay VOPOMISUl Prwwesdorg

*=42> TLSPIGT puw Spnyyqoqns sesuepiodx, Ausy PUB AITSIVAGUN FecjUpEay “PIV 189S1A O1pny

PUpGoee SENZT3EQNS ‘AwIY *S' ‘SeRInoD sSeTTog “OMIT J° UoreZiTenpra:pyy

‘Burmoyjo; oy) Yt Suruten 20 epuatiedxa 3817}

SLNVIITddY ANVONODIS GNV ANYVLNZKSTS “XI

SOPPTAPVOW TRPS0S “TyaunoD yuspnzs *SUOTIBZTUESIO UeTZeTIUD ‘UBOTIeWyY JO SIeyd¥e]

103

Singng ‘sy10Gg Temmwrzuy ‘ysezl “Azqunopj-escry ‘syuuey ¢?2%41P Ue2 NOA sajAHO~ 18777

SNOILISOd TODHIS HOIH YOINSS YO HOjNAL ONINISAG SLNVOITddY BO4 ‘THA

"v'N Sopesd Arewrid Ul USIP] 'YD JO VOrwaIa2 9y) BUTUIZIU0D WawWOd & IWweHI|ddy

CuOK ¢ Sejd nod op sieawnsysur peorenw yey 4

SNOILISOd /GVINIKITZ ON[MISSG BLNVII TddV YO4 ‘HA °

BpeuaD PUe Ss78zR ZC PezTETA eawy [Ae JO WwaIKg

“Suan ¢PRY ROA aaey vorsU¥OIa2 jeuCIssaj514 Jeym

BUON g 224 Waw 8 Fok 10 SUOTIEZIUPSIO JeUOISsajcd Ieym JO

‘faut 67,052 *ACw> sr *sauy peruno;y

ta. 1 AY ANC SALOTOUN 2 UE SQuscammssa;! pur s4r02 fyoouss Saunans *tTastcnoeg 03 3ua92au04

LI Sey esos Pus Sor te ee ¢ seek 189d ays Burunp peas nok aasy 8x009 184m

FU~UTVST IZSTPoOTOUSASY uvozpisuy 1 Teo;poysed cetPnss

102

a oT Treunes =O Zapet WGotouskag € pee: nok op sousze3ew jeuorssajoid .eym

KL“OUD YYNOISSISONd = “JA

- * ws ee

euro AU LIIA ECT TSUTCS LOT yTONDA

. “J ELF VWYZ EST PUL Lsgs-% Tess OT. LEpw ST TT pees Cec Oey Goes) OF Ysrm nod op hug

4ee . ~ eu

. Tye ¢ SUIT BeF 6} Winje: cr Ustm nck Op Aum

40 ¢ VOT{F40d yUerasd INCA OAva] OF YSIM KCK Op AUR

‘Wassrers Payrene YM urerdxe ‘sah J]

on ¢ #FGK ¢¥onttod Suty5ee) 8 0; VOT{Da]2-au JO pajie; NOK aauH

SLoVg 1VSSN3D A .

Ca Fee S € O84 CATODE2 OF Joalxe NOA CP Arsjes j 8): 4 ¢ *Ou Burajesas nod ase Asejes jeu, -

BEST COPY AVAILABLE

105

104

om SIO TI I

; 7 aeanlvynNnols ar

om ” ce’ ELP: OTe

W—+fiaq pue aBpajmoun Aw jo 189q 243 0} 2n2) Que Uiasay Spew Sjuawaje)s oy]

*]]My UI Paratawos aq Ish 2] Ged!1/Gde Sareds jy

AG Stes ase. GTIY.. “e, Gd os.

toweptly gusaqueue, aaaee Biet.. *-.. Boss

ie. soe 7 rs Sonos

SC yer wee Yui’ Suerse |

; i

VOTIISOd [BIDIIO ssaippy @wen

( Arqpiqe Buryoeas

pue dryssejoyos Aj! ;evosiad'1a)}2e2e49 snd jo adpajmouy puey-353t) aaey ous '143ne) aaey nod woya

. $42U989) MO] Ij pue ‘Spedisuid ‘syuapuajutsadns Ajjersadse Buipnyoul ‘Sa.uassjas @Aty pseay ye aati)

SZINZAIABA LINGIGN X

S yu BUFUTeAL LUTAeesjwus PIOURAPY JO TepueLu05 ALTALOD Put 429) 550 Suyupezl

INOSSTN "POO PAEUCST “FG “RLOGZPIO “TITS ‘ss PSTOOUSS UoFZonAySUT ATBSTTTA

*peYy aazy 204A Yr!yme (5)92UIIISdXS JO/PUE FUUITsd [EIIIGS 29420 Aue YO WaWU0D aseaIg

SUTYORVOL weaynzs Pue eynz7>8qNS “fuxy teola,iedxs . Apois pastasadng

. -- aoueping Crop

DUTUSVA], ZUSTN}S Puw eBNZTREGNS ‘Auay +$eoUsTACCKe :

pepesg-voNn

: Awty tequeytzedxs

Buiyove]l weal

TayUste, BUspNeg PUT OBNFTFSANG PeduUspTeuxy

(Scipesy) Burdon Aygy

@u2K

= Saoy PINS ONIOK wepon

. R bedpupeay Turpjerg pare] s99271G

“A

. | "LKOO “X! KOILI3S

107

eh o Wet bs fps ary - pater

CLL Dn ET Pe es WUE

° —— err ooo . écZ

Pa be PSE

oon Te . . h

wres Tr 1 Y Lae Tt Py +z a

ow { WE UIGIS Ve Sb teAS I Cew seg Sob GEM

COesIEUD oUt, ite ° 4 va

AY IG Jolsde Wrad fos

C Gouwp 4vCu}] O(GEL; 5949 4O Sua,

— —

‘renin VsMaMy sOy PIOH | |

Tatewrg les VOLZONPPAw sO AbMuSD peUOI ET oSy

Jey 4O Otuvy

BUS pCae Letuoe

DIVPOE Ast souls SUH DMS teey *y

106

y NDMP pUCD *JOssUOT~e gpOr “wea, *.

bre. Ooy IUP PSuClslocce jeuc Jy “¢

- ~

- > | -

UVIoTOsery GE FEN YP

' '

—_ ~>—- a

1 HID LISD gp HWOLEC Dose Jt

wee PLU el, eset ur “whiney mun, "

ptt

om adi “a ok 8 v)

—_—--~4

4 GeO eg | PUDD Fue SOs O30sd

isin

= v7% oni wen VU LO) Go CLiviwOue aT wUday *y

he > Aas

hay gg

c ‘jj C240 gayi Gs

Lv on) an .vhow ‘i er weOpsSsOsise poe ao ewe Vi eow, “4

Devinn) Tae vb woes Ay | ray

@” e4f°°,&

“™.8wse VeoWidsi subse Vac = sew 8 4'*ds ‘

1Cuw., -y r “ 1? .

he 7

46 wry

SS ee re ee we mee ee ee + hee rr i eee me re ee ee ee ee oe

‘

“ef Ff. ete dt ce ot ‘ 6 @° ~ +'@te. i 4 ~

[*~°4

650% Gre

1007 7 iv

JOR, BPULAswibl:

_ As [S484 5) JU 99

? fwW/ 4! ' ~ 11o

iy i) Pie Ose) £50005 ,4

Be | fades:

20 o,e,

oy en

t. a te

M50 Gy

awihs

et ee | “Vs i)

LW) 7% eue@sjicdy ,O aw,

WOES S OY otesia

Viel wl. WHS AewT 55S

¢ “Ole > OY Olen

ate

nat 1

SSE . 1261S BVAP = NITAYESed DNSWITNS. NO TZINTINTI E99IS9

108

v € TM Tot. “30S gWziNO> NI 7HDS

et Ea. >* € Za 22 HO4Sd 1N29S3 7100¥

AE I?) ‘a tum Ut A13130S COW ACD

. ae Be ry, At tA) Luy 20 $5231 g831S YK

§ ras) (zt WA Tt NOLLYZIVIAID NVISY¥ E9¥IS9

(91) ’

ae” oan 134d 2894 38TH

ee Loh aiiat. yr2Asd [#3205

€ jou keg [eaeuag

c . 1, 24g 205 saauy

: . ‘ y2uelZg BZ oe

S 26 ecb aages 0161 aBet{o>. soysune jstnot "3S - Suypuvas pecouvapy

a yohsg jeasuen

€ aoueatos yeotsAud ‘

C ; ’ racad ly ea 11cD

€ ; AZo O}FIOS O33U]

c | Ai03sStH vuesdzpsouy

Lesh Ant SSeL j; OL6T 321109 zoyune sno *3S + SUyTpUrIS pecsueApY | .

LO. ‘#™ 2sqcoaog | 016t ‘oz poaaoacn - wofarqoad DTISBTOYDZS Uo penuy UCD

9363 “Oz Air } | ee

$561 ‘@ SUNS GazI90z70 a}saeazun 8y2 Ej pesesastg - ‘aarwoay ZOVEZAY La adVeD KOT

* @ =. ek , ae

‘€ 2 € 99M T OSNIMYSO US's

sry . oe wae Sscad ac¥dssid |

€ GQ” € 99M 0S SJInONOIS IWYSNI9

pet € 994 1% | AD0IGIG Ywu3an3s9 —E9"TS9

cory Se? vols ; 996% tof kaenaqoz 2n3423330 .

Cla] “op? uszey 9961 *g Arenigaz 2a 29730

seek aug roy Aapeagazuy ay3 Gor3 pepyadsns - TZiNOdTY FOVEAAV la 20VE9 1%

J $ $93 08 T WS wosS DILatyey¥ ” ihe

a e “Se eee |. votuaNy

we Ae Se € $93. Ot - HSIVONES NOILISOGWOD =————S

3 S $934 TT A€.SInsh> OBLNI €9°1S9

«SE Eee | | = =

= = = ’ , SA103U2 AAISWIAINN

“Ts y totam y Ascintnerer

Tt Fie= js ¢ wine 7 ae oD “Tein sss Oe

= wives ‘ ST ORTAs NUn so ; PEO “pede cad Sew

woe a sees ee ; {T a T vesow

-- Rovses Se TT Pt | TS Karn “weds

— ty) Ga 3D Iwoe wae “FT Beene.) bates - 9 ream al

ee a: CC | STS!

‘ hO.4'Ce SD

ee n . “W$si 359 Ss

io=t setcty ROLLVONGS 2d TOCnIS eeemamer S9OT 290

, : bito3e> SAN

Tee ee HOSS ? oe ive, CioL > i ] is? OLA

;

(88? ec owl oaiiads (FEL COW sedeer we d-*

r beiky ieee EST aD) OU tbl CULL

- * oe

iia eat (eP19er7O wo re ov? aa your?

—— Wool "f sIopos y ance ” UV. 4ISVy Isc

—_— BO Val av

om 4 SHOUT *C¥ 42 BAD 39ND . e

—— qummgped P f ’ all ~~, I3 . — - “5

oe npn IMMOSSIIN ZOD ALIS? SA ‘ AININ Leyte

110

Avoyoyrkeg - setpnas IP T2005

€Lé6t "rT Ara * BOTIBSNpZ up *s’g

Be.T 2D 4D Ca¥ BLd-°

~~ |

] fe -

fF r

€ a @ €LM OLT 99 ADOIOHDAS OTIS

€ v € €L4 ¢92 GC SS$91SIH SHDL HL3W99

8. % 9 CA. ee 42 S41 ONLS WdS 33S cOeres

. i € 24 Tez 99 wWDASE 40 ILSASSISTN ae

€ > € Ziq. $92 $9 INKYNSYBKOLS3L HDASE

6 Ws... 6 Bhd et. HIASd*S9GU YOINTS, FP¥ES9

1 “ET Jequaceg £ Vo € 2.4 O62 AKOHL Wu LNOD S3NSI

eS € 224 612 ADOIOHDASd KZ N39 anes

Se € 2.4 €6t ADONOKDASd W3S NS

Ss & 2A 2t NIVZITIAID N¥3dONNF 'p

ce, Wea a ee SNINGY3] OHDL HPASd —«-E PUT S9

Ase NAOT HZ DFO = VITLVGOE DILSVIDHIS AIBA OFAINIY EDVISO

. 3 Thg- 02 SDILSILYLS HDASE °

G8 SS Ge AL3ID0S GOW KI AOD

oe € ds o€2 ASOLSIH WOVE

< ina € t2ze tor AHeVY9OTD OL OLN! Eseted:

¢ € ts of KOLLVIITIAID NYBISBA

¢ 6g € ‘Ye coy f=}! PIS FBS ers psy eon?

oak ot ee peer er St =... See ~sae cna :

towreae P — if | f Pees eet | peery rw :

ete he ee —

eS a

Me et Cee.

113

“LSE

12/9279

(91)

isi Asenageg

(st)

t ‘

€

1Zé6é% Aaenuer

“«42°RS ge severestmues

a waet*s ayer

TLA

Ost

=~ VUILYGO0d DILSKINNIS ND AZINTINDD C9169

ov. 6... ¥. t 10T -

6 «2 € Tm TE

jot? & gg TA TH

‘e "axe twa Yt

¢ Akt Ua i

0461

It | OL61 #821199 sosyunr

|| | od6t. ‘oz Bequanoy - uoza

a 7 MeRSTUSIC -

r f

FOO

— eR GEXE BIKE EXEL ERY ve

PICs P2213 8 oy sepves ;

0S dik 34NO) Ni THOS

HDASd 1N39DS39700V

AL21S0S GOW AOD

LEW 29 SIDPI cuss VA

NOJAVZITIALD N¥ISY

I}d 2694 38TH

yrAsg [8}>20S

yourdsg 1¥2aue

1902d 905 Jeuy

youelszZ B17

aBa{ {Oo} sozyune ispnoy *3g = Buypuess pasuvapy

yrhsq jessuey

@2uetoS [es}sAud

Paco ty e3atytoo

A301 0;3I0§ O13UT

A2103S}]] Urd,s9Ny

Th atfaccine surees

213 S,LN33

oe "3g - Suypurig peouespy

#Q03g DtIASBTOYUSS VO panuy UCD

‘GaLYOdTW ZOVAZAV Ld GCVéO AOI

fe re 359

ERI BELEN KY yy

™”

1 9 WPMD sey *'F>))mes sw ve epee

SNZINIS3=N3 voy AdOD

‘*

ES¥IS9

y So wee =

Si oy

Aayue i -

Si nny 2495 —

NOTLVOAE <5

@e,;'Odx7

wae & at Bote

‘PONY H AND

Att ta The Mabie su 2atO

Mttecar sviererer +

er '° 2a 2

a om SSeeoes SPECoteeees ‘ — :

——— eye >. ; SStd eves. E+tteuss . L**ster i we «@ ;

I 2 J —Skitescuasersasee | Phebus ry Ot eCeeeeeccciocne ~

bie iy x —— SS Setvesesesnas | "jae t ete | 26 SELENE PITY |

WSS ae Clea ae Sat Stetuwscvesses ) pe *se | oe Serre tenes] °

int swwm Ts cas oe ome, : eo ieaaae

pon 25 ~ . wd Ts 3 ¢

CSSNESTT SHDIATSS oyascy 2°02 22¥SuaaNaD wT eee BA

| ; A. re x SPeuvdy. beste 169

a qm

enne

pons

JO=220g 28:5 3 ¥ $8 tnossiw 7

B1VIdLU IOS 8 siiSV2 2 4c AOYIN® Ag AD Uosiaysal se ope eke? FGM ON) UY 9095 9, REET

OGHIS SINuNY} lUASSSIW 40 savas SLVIMUYID sy ke

ss he

— we CT Salamer

— : — t he Nves “FST WeIway . “yew

cuisine al GUnies 3 SPIE DCe ——Sitn Wwelsse

ao Cu = — wievl t- TUT Wav =a. } ws Th Td)

dato . see - ‘* n

nt eee Ce. TarctoSe. Spee 8 9D

ae ee BUNS OOGsS Uetl, pooMLesth Mowe TieIe5

Biri 9 TU =F 7ST Sine

Stier], $50t —3°0 - hoiSTAld Ava

, ( nt) OS

rere

EIT S FANOle TN OTN)

at he 1

WACSS!

sinot as av

Cus. ose 3W 20 BOLDIBIG

ly SO AJISUSAINNA

TI Pb sie cued

; _* . .

(eet20.8 20 Tees!

wet Se rad peer |

115

114

oe t[ove

= eae u/ivet

yeuucessg go Ic qsITg

Ee —_ “Ae

- - on

: *samck Atnay AraA

*JJeRs ZupGIGazy VecrTezeH 3yR Cz NOL s=COTSA 04 A4Tunqrcdde

onus oxeg og pue en uzpn nok PAT4 03 ms < ois are aa ‘es00Td

“UCT RBAIOZUT ayetadcsdde patios Ags 3A qeY4 cs ssocppa

jo aBueyo fuv Jo pasyapa en des{ nod 3243 poqeuaes asuyaNZ ST 3I

a at

.* "E16 Sq aequaydsg Ue ucca cseto $4} Sutseice

ITOk CR JCTIC Pst Jt34e5 9q TIT nck wus ca escp eTaqysscd yset{see

SYR BR SZZIFFTRI59 BTR ACJ ucTzeoz{die sxyze Nok 4euy paysesZne sz yf

. ccs se

BBV ITIAD PETIA B BAzy you OP nek GI ‘OTQBTTSAR ote ASGR SEU

B2TIJC STUZ CF BS} pet? SZeTIca anck {18 oJ qdyaocusszy, azeTCuoo 8 Pus

tata BtoUIs35 parces TH apes paenroz nos Feud — are 8M

** P

a-? . P

ath . . . ;

mae 7 “€L6t "Lt ATA vO

“garaee “a UOT zPONPT “x0 prtog TaTOTsIC Suz 38 eaosdde puy commzwesye

Tez WeaNPE FC PATSY ACJ VoTspusacca 46s; 1469 ack 42 895550 FTAs OF

gazaco uycG Lanyed Pls qaptzuod s4% JO sazdcoa UyCQ UdzsS Ssteld

* teak Tecxae nL-EL6T #43 <CF Jocuss YITH ZOpLSs PCOATeasty syd

38 BLOTZmTS & Atpeeg YOSez CF FOTtqWUOS anc£ amaressia? wets aa

. ,

qesmicd ‘a 200g

. . \

getes TaNcesTi ‘snot "39°

~.) » BFISMA ZOTT

zemucg tatp Atel, i

116 117

PLAINTIFF’S EXHIBIT 2 — VOLUME II

8M)835 Asis,

-:/4 “94 ¢ *91AI9)UI JeuOsIEd w 10) sBueue NOA PinOm

CUR € Papuey 34342 20 € Papusy ya] AOk ory

ETT a al a °

= *, vue. a ~ ao

= “4 .- uw Vere. &--> “pte eU Leeuw eo. :¥ oun

“Tie7y wat TORT € 232 "as1jdwesd ‘synoos se SUO}SZ;VETIO YINCA Yons YIM @2uaysedua pay nod aney

~= o> +s ~~

Cre pre ~u oe bute eee oy 400puj

PESOS FOS aaa s9071ng ¢ aBeBue nok Op 690}}82190: eum Ul

‘

yoSoUMe Ge CUO ¢ paeisosse nok ase S¥0NeZ}UeBIO AjUNWWO> jey~ Waban

TOO, $1804 Om) jsed 10) YR]eey Jo UOT)IPUOD

viCu $398j8q 40430 (2) TCOn Bursesy (q) CUO wig (&) si2aj0q jeo1shug

ywoddns 10) nok vody WWepusdap Aljoym suosied jo saQqwnyn pejesedas

Pe220a1G "¢ Burt] ‘puagsnp so ayty EuGu VaIPIIYD jo or Vow pase

~- =~ on -

SUCTIISOG 22410

(sj2efe7s)

= “CETTIOUT 1e0yss Y21H soqvas 20 sorunl

f129u}0) ; (Ayu0eg Ulysty) (epe39)

—_ [are y Aizquewag

:pastsap vorisod

ee Sttty “oo ToUpuCe. pCun=ay Cte Sseippe fed

CON “afs1) (e7p05 dtZ) — (93825) (4389) (390035)

‘e) biome | ‘ bUcss Oey Pi eet wack ra *}e) evuey peVun “Ma ony wvuo SSaippe juasaid

{@wex appr) (awep] ys4t 4) hy (awe ise)

ug = 8 paw wey Vleet) WN

TEP tas On Arunseg “s0g

"WWANGSUSd ‘i

neta ‘SOd ONINOV3L HOS woluwarieay— mera

SITS —— gamaRuris | tee. a oe oma a teem

oo * AIRES | a5 TASQNUT SS

oe 2P-. ORlggn at me | LECTS “OW “Wwossue;y Syeniepaad boy

na sla weT SEY | ‘py Aqeee Sry men CF ET! 2 ee et el - e<oy'

° => : ore Ye. '- “fSOLSS conte oa a in

Nn oe SOS, 0 —_— ——— Lateiy So noni Me Sd 203)

m (991740 ]2UUOSI2g 0} S2Us!Ua\UOD JSarjJa Je JUaS 2q P]NOYS 921;j0 }UaWaDE|d WO BLeT}VaperD “ApITTGS

FYE JAOwIPYD “@QUatIadKe "Burures) snod j© 2)8W}{S2 o,2;}dwod avow & aAt3 []tm Jey) VOIeWs0) UT JeUCT)IPpe AUB 49}}3] Aq ppy

118

SES PTT CIS SF Sa (219891 dae 37) vary ada!gqng r }2427] apes) = ‘auop erm Yuryowas swaps

PER LO" TBAIaSQO sNOd YoY UI BaIe ID2/Qns ee Fs apes Dy) d2e>D!pul aseaig - € 190425 43H sOFUaS

€TOOUIS YFtH sOquN[ €S8TOOYIS Aejvawaly ut e2uavedxe sieedk jojo,

- ee |

Aseyes weeks oF “Bh ects sjoaiqns UOTININSU] 10 JOOYDS

JONZINIdXF ONIKOVAL ‘lm

~ CLOY MUGEOTUBy juowho;dwa 10} ajqujreay aieg

e28\d COPIUITTS épiety reym uy ‘os 37

So, -€ 0m aeNpesd apusjvod 0} veld nok og CLOT ae JOOWIS UI Sep ise] aAIDH

23815 @At3 pue ploy Aww nok $aj}@51j1}399 Burysee) 2ey)0 Aue ys}]

0 oN 0 SIA {93"INj12497) S$ ,J2yYI2"a] LUNOSSTY B 30) Patjdde NOA savy ‘20U J]

C) eT Cid (=) rT C} "44 7 Aiepuoras CJ art C) AT “WIZ

0 oN G) $24 ¢VNOSSIW UT PITBA 93891j;13209 & ploy nok og

2$ax0q a.e1sdosdcs yew as¥aig

Sipe jeioL push

= er “Ong ui | 20iC}y u] ugjezipetseds aai8eqg ne ¥OT,FOO'7} BH auun

e.° a) bsapQ weg |*say wag | jo tary jo arg, pepusne aajop

SyUe peas puui) souepuUsy jo SaIeC eres S24 ewojldig

oo rug IMOL 2 WN TT SA re are ea

ONTNIVA) T¥NOISSSSOUG Gh¥ NOIWLVYONGA Tl

121

aH + 8 241322/Q0 (a]Gumevaw) |wo}aeyag

(83!) saqryudyy Suryovay jeraruy

ect + TTONIVS TUT voyonsul pewwedorg

a 5. A 2 + “A. 2

me? rv re vor RUISU] JO VO! IEZITERPIA!pY]

~”=e.

Burmojjoy 2y) Yrtm@ Busses) 10 edueyedue 8;4

SLNVOITIddV¥ AMYVONODSS GNV ANYVLINAGNS139. “XI

LEV eREO OD auevyiiak

“TTTOIOS Pus Tif swe tal) Saca tcuupEeluseuy ¢I9a/Ip ues nok sampanoe habe |

SNOILISOd TOOHIS HOIH MOINS YO YOINAL ONIMISSG SLNVOIIddV BOS “INA

Sapes¥ gsewiad ul vaspyty> jo volwaia2 ay2 Yulus22U02 wawwod 6 wed ddy

—

- ¢ Avid nod op sjuownijsus jesisne jeym

SNOILISOd ANUVLIN3K313 ONIMISAO SLNVOIIddv YO4d ‘THA

Oia TUPUUBD SOOG UGS PO FUlL MUF FOG MOuris

” SCOTT épry nod aawy vorsusoras jeuorssajosd eym

Tossvau FU UL;

Sadly OLS9F1 8sPOD “SSPPE PH YU

“STSTT ¢2004 ysed oy) Zuysnp peas nod SAVY BROCE 184%

janes, JO wary

¢saqwew ® nok ae Svo0 Nez usss0 jevuolssajoid jeym jO

+ . ¥

i pees nod op souszedew jevolssajoid yey H

“NV @& &

Tsuanvy SF SUS

HLAOYND “IVNOISSESO0Nd JA.

TS Le Ssey eAredes 0} yoodxe nok op Ajyeyes 32yMK ¢ MOU Buyayaoe: nod ase Asejes yey)

&® « \& «.«

-_-- =< _ oF

QOzeIE FE [OOU8s “se

hs «Uy> y~ germs

«¢

SLUVS IWUSNSOD “A

—S ¢ @s84 Y2BG) OF YSIM NOs OP AA

¢Busyous; 0) wanies OF YIM NOs Op AYH

10 ¢ VOj}}80d yUeBOId INA OARS] OF YB}M ROA OP Ay

‘Wwawayers payrene yt ureldxe ‘sad 3]

OV g BI9YH _VONIISOd BuIyoes) & OF VOISa\s-03 JO pajrez; TOA S91!

123

122

(221jJQ [auuosiag 0} pausnye) aq prRoys Vorjedt|dde pajajdwos5)

, Prag wnsvnois rzats ?, 7 z1va

239112q pues s3pa;moyy Aw jo 382q @y) 0) Ons) JIB UIdIay epew SjuawajeIs ey]

“}I"s Ul parajdwod oq isnw ajqroiidde saouds jy

é -

— ervuvuesry, vu ~ Mewes wD

— Cire ae ee) Laeet

er WITS puvewre ig YU, ow a

= $$$ —————————__________

LONISOg [8191730 ssasppy | awen

=lllllN=e=»=E=~>~=EeEe>——L—L—_—EE=ESEESS——S—SSSoSOSEhEE—Eeee

( Auyiqe Surygoea)

pue dtysse}oucs Ajtjevossed ‘sa;>e2e4> NOK jo aBpalmouy puey-3511) aawy CYR ‘1 yBNe; arcy NOK wWoym

G.'/ S394I89) MO] aj pus ‘sjedisutid ‘syuapusjuisadns Ajjetsadsa Suipnjoul ‘Sa2uesajas aaty 1880) 38 BATH)

S3ONSNIIZY YNIOGU *X

;

e ‘

- dn

*pey sary nod q214ya (S)a2UaII9dz2 20/pus aururen jet2ads 3say20 Aus vo JWaWWOS as¥a/g :

’

— . Apnis paesjaiedng °

e2uepins dacsy

on pepesn-uoNn

SUYCVIS Tac Te suryoeel wees

(3u;peay) Burdnosy Aryyiqy

SNSwWayIsW UIEePOW

2 — BuIpjers poets 229jj'G

‘LNOOD * Al NOILOTS

125

124

O&T

LOWS] [steovses “pecy Ry

TO2wUTPICE) Atwoucee3 “sewn * WH

| a wu * ive

~ «-

q/uOO

2UepuezUuliedns

“pTeucd mj oO *5

*ATataouls

m _ *peguws® sea yeontez mex

CONF 6 rents fem TT PO egy OL POL Oe ry oe my ee SOF OR BE OL OE ee

’ *SuULUSAs SSVT DuT4oor avec ayoug

“Qe WoTQWONDT xO ore0g #ND OF pegkesodc etx AIUNC Aqnp Tazxe

203 WowsLs TIM GovtyUOD MOA Ucar SowoTos t¢3 yoontax mmox

. ae Pca dbeiis Wea sas _ $6T4SUD °K zeAd

-ay_f{e : : Pie; :

JOE -076 “ “EEfoco ~tee-*gewenysoTd

MOT Santo SxIVE aCeas ENe CTCAT

a " pass | ee aT3eF) VFR UD *8H

CLET *z Lrensqexr

127

126

1L61 POstAasy

voiseonpg Azepuoses jo so3rutpa0ce4

2 DF

ZA 0072/7

DVI o F/QVIVITE

Fsiytup sveuzardag / L

Tet

—

ito

C SQUaTIedxgZ e1qQeITpeID JO SzPrX Vy

| | quewko,dwe 203 papusuwose, 3oy

. 74 y, 77 c ’ A

nef s97f-70r 22UaWaICIS UOTIENTS..2 IO yusuWOS ]eCOTITPPY

—

1 sonny 50 oeu7g ‘¢

4) AJfAs OUTS pus spnatsay *l

“ @IUOPTJUOD ‘TOIScIdD-z Ou ‘eLrzog ‘A

2 TON C89 CURRENT ED GE ihe, Oe prea Ee OF PEELE EE PES LE ORT A ONT eRe RINE ee SO FY OO OF ORT OE rn “he OP RRP Py Heh Eee Serre

7 |Suj;woor8 pus sousrzvecds [euosizeg °¢

“1 voyssezdxe ut TITAS “>

= ToIpL Tuy JU Uvpacyoracaw

Fal pue ‘Zuppueasaepun ‘sZpetmouy «

J Suzuavs, JO @Bpatmouy [oIpUyI2L °*Z

_ aw “Teae > 3;Qne

“1 uy votivsedead pue jo SBpetmouy *]

Kio yoe3 SseguAy | aopaeans

-t}I0OCUL a

— To. vusS 928}.v0I10U0

Sia UZ RAPA yey2 & Sypoetd fq aueottdde ay3 yo Buz302 ANOA moTEq awotrel

wy 10j MaTAI0RU)

PIS 9eaBeq 3eeysTK

OCusS JO eUEN a2efans

_ y7y ITE Iv poTa}SOC .

"Zo [7 Kaysaaazun 30 859] 10%) p ‘S

enema rayaseqwy - 7: at he OTT, juv2t ddy jo owen

yes 5° 82¥G ;

si oo” CHOTIVEKD NOOSE CNV NOTLVATVAR

MZT/CSINT LSRIVSL TWOOCHIS AYVANOO3S

# - i LSITLS

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.