# Appendix — Hazelwood School Dist. v. United States

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385004_0484%3A02

## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1977
- **Citation:** 433 U.S. 299

## Text

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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

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_ emer a OO

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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,

v.

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]

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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]

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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

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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;

(c) the granting of relief, including offers of employ-
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.

6

/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)

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7:
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.

———— we

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(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

9

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

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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.

(c) All teacher applications are filed in the person-
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]

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[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?

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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.

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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.
Q.

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]

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‘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.

s
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]

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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]

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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-

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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]

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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

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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

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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]

22

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]

24

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)

25

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]

26

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]

27

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]

28

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]

29

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]

30

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]

31

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}

32

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]

33

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]

34
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]

25

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]

36

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]

37

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]

38

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]

39

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]

40

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)

41

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

42

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]

43

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]

44

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]

45

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]

47

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)

48

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]

49

* 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]

$0

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]

51

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?

oD

[29]

[58]

$2

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]

53

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]

56

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]

57

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]

58

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]

59

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)

60

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?

61

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]

62

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]

63

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]

64

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]

65

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)

67

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]

68

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]

69

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

70

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.

71

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.

+

if

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
1
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

$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

72

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 *,?

73

74
75
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]

76
* * >
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]

77

Would that be Beverly Ellis?
I don’t know what her given name, Christian name

Q
A
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]

78

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]

79

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

OP

{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]

82

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

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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?

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84

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.

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—_ iT —-, -» "-™_”-, = _

85

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

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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?

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87

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

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88

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

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to come back to St. Louis and they are not here.

Q. Did you receive

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385004_0484%3A02. Public record. Not legal advice.