November 3, 2010
Defense
attorney Randy Bakke showed the jury documents on a large screen in the
courtroom. He went to the issue of Doug
Hintz wanting to be part of the ITTP committee.
He showed an email from Halvorson to Hintz, Schenfisch, Wahlin, and Long
saying he wished to have a meeting to discuss the matter. He showed an email from Long back to
Halvorson saying he had already met with the others and that he had decided
Hintz should have an informal role in ITTP.
Bakke noted in the email a reference that Long wanted Halvorson to allow
him the right to make the calls.
Bakke: So
you're telling your boss he's showing a lack of faith in your decision making
because he wants a Monday meeting?
This
began a line of questioning from Bakke to Long which was at times combative;
Long would often answer indirectly but would add more information to his
answers.
Bakke: Again, you're telling the boss you consider
Halvorson wanting a meeting a lack of faith in your decision making, correct?
Long: Yes.
Bakke: Halvorson says he thought he was clear he
wanted to get everyone in a room.
Long: I can read the email. I think we all can.
Bakke: The email talks about eliminating perceptions
of favoritism. Your approach has been
contrary. WSI will make decisions of
what is best for WSI. ... Regarding your
request for autonomy, there were a series of events where your judgment and
decisions have been questioned, correct?
Long: That's what he says. I can't control what he writes"
Bakke: You received concerns about progress with
ITTP, true?
Long: I
think global concerns.
Bakke: Take this email. You didn't follow the chain of command,
correct?
Long: No, not correct.
Bakke: You're a big chain of command guy, right?
Long: Yeah, would you like me to define it for you?
Bakke: Show me an email that shows you sent email to
Halvorson first.
Long: Chain of command doesn't mean I put it in
writing. Halvorson was well aware of the
concern.
Bakke
produced an October 1, 2007 email to Evan Mandigo, former board member, asking
for an offsite meeting.
Bakke: Was Halvorson invited?
Long: The board members did the inviting.
Bakke: You wrote, this is a yucky topic to bring up,
for the good of the agency we need to work on these issues.
Long: Yes.
Bakke
introduced an email from Justin Data about his concerns about problems with the
ITTP project.
Bakke: Justin Data was not complaining in his email
of any crimes or violations, right?
Long: I don't know his motivations.
Bakke: I'm not asking about motivations. Is it in the email?
Long: Initially a large part of this.
Bakke: I'm not asking you to interpret. Does he use the word crime or suspected
violation of law or illegality?
Long: You
want me to search for those three words?
Bakke: Yes.
Long: He says, "There's politically motivated
management." That's a violation of
The Hatch Act. We've talked about that.
Bakke: You're not a lawyer.
Long: That's the point.
Bakke: You attached Data's email to the one you sent
to Mandigo.
Long: Yes.
It's his opinion the threats to this project are created and exacerbated
by Halvorson.
Bakke: Can you show me in that email the name
Halvorson?
Long: Not name, but pronouns and titles and he
talked to me.
Bakke: Is Halvorson's name there?
Long: It's implicit. Justin Data wouldn't put his neck on the line
to use his name.
Bakke: You used Halvorson's name.
Long: My job was to put my neck on the line.
Bakke: Were there many people involved in ITTP?
Long: Yes.
How do you define involved, working on it or power? Halvorson had the greatest amount of control.
Bakke
established with another email that there was a meeting to discuss the ITTP
project with Mandigo. At the meeting,
Mandigo said that until a pending outside investigation took place Long and
Halvorson must develop a method to deal with their differences.
Bakke: Important for you and John to deal with your
mutual problems, face to face. Is that
right?
Long: That's what the email says.
Bakke: It says you should deal with Halvorson in
this.
Long: That's fair.
You don't want me to get into the whys.
Based on talks with Brad Ballweber and Bob Indvik, it's obvious to me
somebody got to them.
Bakke
established there was an executive steering committee for ITTP, that Kay
Grinsteinner was on the committee, and that Grinsteinner told Long in an email
of 10/04/07 to sit tight on this issue.
Bakke
turned his cross examination to the issue of an alleged inappropriate
relationship between Long and Human Resources Director, Billie Peltz. Bakke produced a witness statement from Rob
Forward at WSI legal that Halvorson had told Long the perception of the
interaction between Long and Peltz was inappropriate. Halvorson asked Long to consider their
positions and that he would have to consider removing Long from supervising
Peltz.
Bakke: Did Halvorson or Forward say they heard
rumors reported about inappropriate conduct between Miss Peltz and you?
Long: I am not backing away from this. There was never any truth to this.
Bakke: I am not asking that. I'm asking, did they tell you that?
Long: I think John said people were talking. That's typical in any organization.
Bakke: Is it true that Sonja Nallie confronted you?
Long: There was a meeting where she brought up
rumors.
Bakke: There was so much talk you had to let your
wife know, true?
Long: Absolutely true. These were lies. They were assassinating my character and
getting my family involved. I had to
defend my family.
Bakke: Are you aware employees were calling you Ken
and Barbie?
Long: Laughs.
I was not aware of that.
Bakke: Were you aware there was a report from a WSI
employee that you touched Peltz on the butt?
Long: I was aware of a report that somebody touched
somebody.
Bakke: Peltz touching you or you touching her?
Long: Correct.
Bakke
then produced a string of emails between Billie Peltz and Jim Long.
Email
Peltz to Long. Crushed you were
cancelling, but you made up for it by telling me how great I am.
Email
regarding fire extinguisher training.
Peltz: Too cool. I get to use a
fire extinguisher. Long: I thought you'd get mad. Peltz:
Jim, Jim. Would I get mad at
you?
Email. Peltz:
I can't believe you called me an elf.
Long in courtroom: I did call her
an elf. Peltz in email: At least I have a designer cut.
Email. Peltz:
I'd be honored to attend a meeting with you.
Email. Peltz:
Jimmy, Jim, Jim. I was wondering
if it would be ok.
Bakke
commenced questioning.
Bakke: Is that what subordinates do, call you Jimmy,
Jim, Jim?
Long: I have a light hearted relationship with my
staff. Lots of people call me Jimmy.
Bakke: Jimmy, Jim, Jim?
Long: Some do.
Bakke: Would you agree these would be described as
flirtatious?
Long: No.
Bakke
introduced the WSI policy handbook and asked Long for the definition of sexual
harassment at WSI. The definition
included unwelcome sexual advances, requests for sexual favors, physical
conduct of a sexual nature.
Bakke: Would you agree touching someone on the butt
is contact of a sexual nature?
Long: If it indeed happened and it would depend on
the nature of the contact.
Bakke
then turned to WSI policy on fraternization which included a work environment
free from romantic dating relationships in a supervisor subordinate
position.
Bakke: This would directly apply to you and Peltz,
right?
Long: Right.
Bakke: Violation of this policy may lead to
termination, right?
Long: Correct.
Bakke
then introduced another series of emails.
Email. Peltz to Long. You have a haircut appointment with Stacy
Hamms at Electric Sun.
Bakke: This is your HR manager, setting up haircuts?
Long: I was very busy. Stacy is a personal friend of Billie's and
she was helping me.
Bakke: Is this the same place you and Peltz went for
pedicures?
Long: With Jodi? Jodi and Peltz.
Long: With Jodi? Jodi and Peltz.
Bakke: Did you ever get pedicures together?
Long: Along with Jodi.
Bakke: Do you agree it's inappropriate to get a
pedicure with a subordinate who is married?
Long: No.
Bakke
showed another email. Peltz: Sounds good.
Miss me yet? Long: Nope.
Peltz: I don't believe it.
Long told
Bakke this is how Billie communicates.
Bakke shows another email.
Peltz: Who's a big sweetie?
Long's
attorney, Tuntland then bellowed at the court that the entire email should be
put into context. Judge Goodman
agreed. Bakke then showed how the email
began with a picture of a dog and the caption "Who's a big sweetie? Krishna
is." There was a cartoon bubble
next to the dog saying, "Might Jim adopt this dog?"
Bakke
continued his examination of Long.
Bakke: Is it true you kicked each other under the
table?
Long: No. I
didn't. She kicked lots of people. That's her way of getting attention.
Bakke: She'd kick you and you wouldn't kick her
back?
Long: I might have nudged her.
Bakke: Did you throw pencils and pens at each other?
Long: I don't remember that.
Bakke: Are you aware of the ICF employee morale
report?
Bakke
then produced a document, the Employee Morale Analysis Review and Action
Plan. The report stated, "Inappropriate
and unprofessional behavior is creating the impression of disrespect and
favoritism particularly in support services and other departments."
Bakke: Isn't this a special concern in human
resources?
Long: Yes.
Bakke: Isn't the reason people will be reluctant to
come to Peltz in HR or you if you were engaged in the same type of behavior
they might be complaining about?
Long: Inappropriate sexual activity is not good in
any department.
Bakke: But wouldn't human resources investigate
inappropriate sexual conduct.
Long: Yes.
Bakke: Are you aware Denise Bachler was concerned
about the amount of time you and Billie spent together?
Long: No, but that's typical.
Bakke: That you had time for Billie Peltz and not
her and she was upset about it?
Long: There was an investigation going on at the
time and there was a great need for me to be working with human resources. Billie is giggly and lighthearted and that's
why she's so good at human resources, because she makes people relaxed. That's what makes her effective as an HR
person.
Bakke: Did her good nature appear flirtatious?
Long: She can be flirtatious with board members and
others.
Bakke: Did you have pedicures with Peltz?
Long: I went to get a pedicure on a dare from Jodi.
Bakke: Did any other males go for pedicures with
Billie.
Long: I don't think so.
Bakke: Did you tell Blunt that Billie wanted to have
a sexual relationship with you.
Long: No.
Bakke: Did Blunt tell you to knock it off with
Peltz?
Long: No.
Bakke: After Blunt left, Halvorson talked with you
again.
Long: And made a fair characterization of the
perception of an inappropriate relationship.
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