Stipulations on Depositions; Correspondence from Ward to Drake

    Foshee &Turner
REO! TE8.ED IROfISSIONAL REFORTERS

. Birrningharn, Alabama 35203 o Telephone (205)Z5l4ZCf,

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

WESTERN.DIVISION

!'IAGG I E S. BOZ EMAN, )

PIalntif,f,

Defendant.

) CIVIL ACTION NUIIBER

) cv-87-P-2251-l{VS.

Date: i-'8"--'1/SE
OF EDUCATIO}I , Et AI.1 }

ii iF'q =I- * i:?:

)

g 3 t g g 9. a 1r 9 !
IT Is STIPULATED AND AGREED bY and

between tlre parties t'hrough their resPective

counsel that the dePosition of gl[gg-v''-PARK

nay be taken before David L' ItilIerr

Reg istered Professlonal Reporter and Notary

Publlcr State at Large' at the Iaw off ices

of Cooper , t'litch, Crawford ' Kuykendall &

Whatl"y, Birmingham' AIabEiIIlEl I on t'he 23xd

day of June r 1988 r conmencing at

apProximatelY I1:04 a' El'

IT IS FURTHER STIPULATED AND AGRE:AD

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t 105 Park Place Tower

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1105 Park PlaceTower o Birmingham, Alabama 35203 . Telephone (205)ZSL4Z(D

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A. President. All of the Positions,

including the President and chairman of the

board.

e. How long did you work for that

bankr aPProximatelY?

A. Wel1, I when I came back from

the service in the E'ifties. I worked some

before then, came back from the serv 1ce, I

have been there since.

I Q. When did you first become a

member of the Plckens County Board of

Education?

A. In 1959.

Q. And dld you serve continously?

A. Right.

Q. Until how long?

A. I am still on iE.

Q. StitI on it. So you have been on

it twenty-nine years, roughly?

A. Right.

Q. Have you ever held the position

of chairman of the board?l

A. Yes. I have been chairnan and



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o Birmingham, Alabema 35203 . Tdcphorr (ZOS)Z|\4Z@

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acting chairman both, from Eime to time.

Q. Do you currently hold any

positlons like thar?

A. I am I am second I donr t
know whether associate what do you calr
that, vice chairman, f Buppose.

e. In the late Seventies and early
r980s did you hord any position on the board?

A. Late Seventies, and Eighties, I
donrt think so. unless it eras vice ehalrman.
I am not sure.

Q. Now, prior to I97gr letr s start
with that period, were you aware that MrE.
Bozeman $ras a teaeher in the pickena county
school systenr?

A. yes.

Q. She is a fairly vocal person, is
she not?

A. yes.

Q. And actlve politically in the
County?

A. ve r y.

Q. In 1978 were you up for

1105 &rk Phce Tower



r€-€lection?

A.

am not

Q.

A.

A. When she

she handed me some

Bozeman had prinEed

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RECISTERED fROFESSIONAL REPORTERS

came to solicit mY vot,e,

cards that she sa id l'lr s.

f or her.

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Q. Around that time when You wetre uP

!o, Ee-€lection, I say around that time

because you are not sure of the precise date

did you have oPPosition from a black woman?

A. Yes. One Year I CiC, I have

forgotten which Year it waE.

I think so but I am not sure.

sure of the dates that I ran.

Who was that?

I donrt remember. IC rras

remember that she wa s MrE . Bo zeman I s

cand ldate and that is about aIt I remember.

O. All right.

A, I donr t remember her name '

Q. That was mY next quest ion. Mrs '

Bozeman was actlve in her camPaign?

A. verY much.

A. t{hat do You mean she was t'trs'

Boze:nan's candidate?

1105 Park Place Tower o Birmingham, Ahbsms 35203 . Telephone (205)25L42@

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Q. You mean even t'hough she was

running against you she solicited your vote?

A. Yes. She was not too much aware

of what was goin- on on the School Board'

she said with no offense, she just wanted my

vote. .

Q. I guess that is a nice thing to

do. But that lras prior to the '78 Prior

to the election that she ca!ne and told you

Mrs. Bozeman had had

A. About t,he same thing haPPened

with three of them who !!ll . Not clear irr my

raind which one which ones they were' One

was a man and two of thern Here wonen, I

be I i ev e .

Q. Was that a1I in the same elecLlon

in the late Seventies?

A. No. Different Years. Each time

when I ran, someone ran a black ran

against me.

Q. And would theY SeneraIlY come to

you and tell you that l'1r3. Bozeman L'as

supportlng thenn?



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1105 Park Placc Tower o Birmingharn, Alabama 35203 t Telephone (205)Z5l4Z@

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A. Two of them did '

Q. OkaY.

A. In fact, I started to vote for

the f irst one. I said what is your platform.

He said I want it back like it used to be'

And I said weIlr I might vote for you then,.

Not so much tur:noi1.

Q. Now, when do You recall that:

it was out of the election where this blacrk

woman came to you and showed you the cards;

that Mrs. Bozenan was Proscecuted?

A. Was it af ter or before You mean?

Q. I mean, was 1t as a result of

some actlvity during that election that M::s.

Bozenan was Proscecuted?

A. I dontt think so' I donrt'

remember. The daEes are kind of ha zy ' I

donrt know which came f lrst or second' I

donrt I donrt connect the two at aI1.

Q. We11, let me ask You this' Prior

to l{rs. Bozemants ProsecuEion and conviction,

to your knowledge, had the Board ever

considered f iring llrs. Bozeman?



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1105 Park Place Tows . Birmincharn, Alabama 35203 o Telcphone (705)25142@

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Q. If she had not if she had beein

found guilty in that trial in if she had

been found not guilty in the trial in

Pickens Countlr as Judqe Hobbs said she

should have been back in the late seventies,

would she have been termlnated?

MR. WARD: I am going to obj ect,

that calls for sPeculation' He can say what

he would have done but I donr t know about

the other Board menbersr uhless they told

hin something.

Q. okay.

MR. VIARD: You ean anserer just

for yourself .

A. Por mY the onIY thing I can do

as he said would be sPeculation' I would

thinkthatprobablyitwouldhavecomeuP

anyway later on sometime along the line' As

Iong as she def ied the principal and the

education instruetion and the Boardrs

instruction.

Q. Nowr You said You think it would

have colne up Iater on. How much later on in



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1105 Park PlaceTower o Birmineftaln, Alabarna 35203 ' Tdcphone (205)25142Co

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your opinion trould it have come uP?

A. I am not sure because, of cours€i

she was uncler tenure, and tenure is pretty

harC PrettY hard to have anY case in

tenure they 9et a whole lot of heIP, free

helP and ao forth. It is hard to do

anythlng along that Iine. lle were in a

pretty good position to have done somethinq

I tbink. I would just Eay during the next

school Yearr something Iike that'

Q. And You assume in saYing thaE

-Jou aBsume that she would have defied her

princiPal in the next school Yeax?

A.

Q,

Based on Past behavior.

l.low

l{hy do You saY that?

Because that is what I think'

I know that is what You think or

A. She didn't seem to mind defYing

anybody because she I think she felt she

hadasufficientpolltical--poIlticaI}y

she feLt like she could do what she wanted

to pretty we11.

Q.

A.

Q.



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RECISIB,ED IROFESSIoI'I^L REPORTENS

you wouldnrt have said it. But I mean what

ls the basis for Your saYing that?

A. Just her actions. I donr t knor't

exactly how what I could put my f inger orl'

But when she was defiant she would just say

that she just would te11 you what she i's

going to do and Pretty welI 9et it ver:/

often get it done.

Q. And vrhere would she 9et it donre?

A. wherever tt needed to be done'

Q. That was using her PoIiticaI

influence to 9et things done?

A. I think so-

Q. Did she have PoIiticaI influence

at the locaI IeveI in Pickens County?

A. No.

Q. Where what was the source of

her politieal influence?

A. I am afraid I better not say t'hat'

I know where it r,ds. I don't think I should

say. I might be required to Prove it. And

I probably couldnrt do it.

Q. I understand You are testifYing

1105 Park Place Tower o BirrninCham, Alabema 35203 . Telcphone (205)25l4ZA)

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1105 Park Place Tower o Birmingham, Alabarna 35203 o Telephone QAS)25142C0

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based on your opinion' But I think I wouIC

like to know what your opinion is as to the

basis of her PoIitlcal suPPort'

A. One of our Senators '

e. !,1ho is that?

A. HaI Heflin.

e. she lras Percelved as being close

to Senator HefIin?

A. PoIiticallY I would saY'

Q. Has she Perceived as being

politically close to any other politicians?

A. Not to mY knowledge'

Q. Now, when Judge Hobbs set aside

Mrs.BozemanIseonvictloninAprilofl9El4,

ttrat iras pretty widely publicized ove! in

Pickens CountY, was it not?

A. It was-

Q. And You either read about it in

the locaI ne$rsPaPer or heard about it

through some other means?

A. Right.

Q. Either verY soon after Judge

Hobbs issued his opinion setting asi13e her



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1105 Park Place Towet o Birmingham, Alabama 35203 o Telephone (2c6) Z5l4Z@

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conviction, right?

A. Right.

Q. And then in August of I984 You

were ah,are that she e'a s she asked to be

a110wed tO return to work as a teacher in

the Pickens CountY school sYstem?

A. She requested to be reinstated

but she haC reslgned and we Cidn't I mean'

she had gotten two Ieaves of absence which

sras as far as vre could 9o. As far as the

Board wa6 concerned she was not if she

wanted to be employed she needed to ua'ke

apprication just Iike anyone else because we

had Do further obligation. Since the time

had run out and we had a hearing for her and

she eras ehe waA f inally dismissed' She

didn't ePPear at that time.

Q. Do You know whY she d idnr t aPPear?

A. I dont t know whY she does a lots

of things.

Q. So You donr t know?

A. I reallY donrt.

Q. lieI1, You reallY got into mY next



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1105 Park PhceTows . BirminCltem, Alabema 35203 . Tclephone (205)25142@

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series of questions in your answer to my

firstone.Youwereai'areofherrequestto

be reinEtated as You saY?

A. I saw the letter.

O. You saw the Ietter from AttorneY

Solomon SeaY?

A. r did.

Q. Asking that she be reinEtated?

A. r did.

Q. That letter was taken uP at the

August,, I994r Board meeting?

A. Right. One Boarcl meeting' One

of the Board meetings.

Q. And from what You said, I gathet

yourpositlonisthatshewasnotreinstat€'d

at that time beeause, number orr€1 she had

submitted a resignation and, number two' ttre

Board had held a hearing and had terminated

her?

A. Right.

Q. i{hat is the basis of Your

scatement in there, if I heard it correctl!'I

that you could not have extended her Ieave



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1105 Park Place Tower o Birmingham, Alabama 35203 . Tdcphone (205)25L4ZC0

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any further?

A. She asked for one Years leave of

absenee while she was aPPeal ing, that year

was up and we contacted her to notlfy her or

her attorneys that that was that leave

wa 6 had run i ts cour se . And she asked

f or another year which we also granted. Btjt t

we told the attorneys or told her that !'e

couIC not continue those leaves indefinitely.

And I beI ieve under adv ice of our

attorney that the tuo yeals eras the as

riiucir aE vre could do anyvray. We have never

given anyone else more than any more than

that. our policy whether written or in

effect we did not consider that we needed to

continue to give leaves of absenee over more

than two Years.

Q. 91e11, aIe You saYing both that

your attorney adv i sed you that you could not

give her more than t$ro years Ieave of

absence?

A. I wonr t say could not but shoulil

not. tle had never done it for anyone e1se"

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This could just 9o on indef initely'

e. Sor You are saYing that the Board

made a PolicY?

A. Until she could 9et some kind of

gardon or some klnd of something favorable

f or t to use her own termr E€instatement'

Q. Where did she eotne uP with that

term?

A. In the letter, I belleve'

Q. Well r You said unless she could

get some kind of pardon. I wasn'q following

you. what erere you talking about there?

A. We11, she aIl along she vrould

make statements to dif ferent people that it

woulit be reversed or pardoned' She would be

comPIeteIY exonerated'

9. -\nd she made those statements to

you?

A. She 6id not.

Q. How did You hear about those

Etatements?

A. Through some other Board mernbers

and the people who are interested in the



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I lO5 Park Place Tower o Birmingtram, Alabarna 35203 . Telephone (205)25142ffi

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school and some of the teachers and fairly

common fa i rly common knowledge in a small

town, in a smalL town sltuation'

e. I understand. I grew uP in

Honroeville in south Alabama' And my father

is a banker down there so I think I

understand what you are talking about '

But let me see if I can Put this

back in context. t{hen the Board decided not

to extend her leave beyond tno years ' you

and, to the best of your knowledge I the

other members of the Board knew that ilrs'

Bozeman wanted to extend her leave; 1s that

a fair statement?

A. I am not sure that I never saw

anythlng in writing that asking to be

Q. I didn't ask it' But You had

heard through other Board members that Ehe

wantedtoextendher]'eavesothatshecould

get a Pardon or be exonerated I think as you

put it earlier in Your testimonY?

A. Yes. I am sule that she did' 1

donr t know how I could say that I knew. I

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1lO5 Park Place Tower . BirminSharn, Alabama 35203 . Tclephone (2C5)25142@

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was agrare that she did want continueC Ieaves '

Leave to be continueC' In fact' she wanted

at the first ask that it be made

indef inite. That she wanted to get a leave

until she could 9et the 9et the appeal

done. And that is when we granted her a

ye a r .

Q. The Board decided that it would

not give her the leave long enough to have

her case heard say at the Federal District

Court}evelthroughaHabeaseorPusPetitlon

as it wEtsr Judge Hobbs

A. lle extended the second Year so

she haC a year and a year of extension'

Q. But it did not extend it so she

could have a Habeas corPua petition in the

Federal .District Court?

A. That was not a Part of it' There

rdas.just a time period that $'e gave her'

Q. Do You know whether the Board

informeC Mrs. Boze:nan that ic was

considering her request for reinstate!nent in

the August, 19841 Board meeting?



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A. Do I know what?

Q. Whether any rePresentative of the

Board informed t{rs. Bozeman that it }'aE

considering her request for reinstatement in

the August, 1981, Board meeting?

A. I am not at.'are that anY Board

me:nber contacted her Personally. Tle did

ansvter her Ietter.

Q. You anEwered?

A. The IawYer's letter '

Q. Answered the letter the day after

the Eoard meeting?

A. Right.

Q. But Prior to the Board meeting '

did are you aware of anyone on behalf of

the Board inf orrning either HrE ' Bozeman or

her attolneY that her request for

reinstatement woulC be considered at that

Board meeting?

A. I am not sure ' The Parham who

was the there at the time as

suPerintendent could have said something to

her. And he probably did but I have no

Il05 Park Place Tower o BirminCham, Alabama 35203 ' Telephone (205)Z5L4ZC0

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knowledge of it'

e. glhat is ME. Parham doing now?

A. He has just been defeated for

superintendent of education in Pickens

county. And so I imagine he is looking for

a j ob .

e. While You were on the You and

your manY Years on the BoarC, has the

pickens county Boarcl !erminated any other

tenured teachers?

A. We have.

Q. APProximateIY how nanY during

your tt enty-nine years on the Board?

A. we terminated one about a month

agot I believe. Sonetime dturing the

wasn'i, it in the last month or two? It was

this school year r srlyway. I would say f ive

or something like that. I am just guessing '

I am not sute.

Q. It is a Pretty unusual oeeurrence

then, is it not?

A. Yes, it is.

Q. For the Pickens CountY Board to

1105 Park PlaceTower o Birmin8harn, Alabarna 35203 . Telephone (205)25142Cf,

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1i05 Park Place Tower . Birmingham, Alabarna 35203 . Telephone (205)25l42fi

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books for him, anC that $re consider that

incompetent, af ter vre f ound what was going

oD. After it was rePorteC to us what lras

going on. So I would say just a variety of

reasons that theY were have been

terminated.

Q. glould You agree Ehat theY were

all pretty serious things?

A. Ye6.

Q. AII ri9ht.

A. It would have to be ser lous to

terminate a tenured teacher. They have j ust

about every Protection that you can thlnk of .

Q. Notr, You mentioned that after

August, '84, l.1rs. Bozeman I forgot the

exaet words that you used but I think you

said so!nething like if she had wanted to

come back to work she should aPPIy or

someEhlng like that.

A. I believe that was in the letter

that we sent to the if she wanted to

teach again in Pickens County schools she

needed to make aPplication to do so.



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O. l{ou1tl you have voted to hire her

at that Point?

A. I would not.

Q. Have You heard statenents from

any other Board members who were on t'he

Board at that time as to whether they would

have voted to hire her?

A. I have heard everY one of them

say that they would not. I have heard

several of the teachers say that they would

resign if she Has sent back to them ot in

their school.

Q. Bu t fr om Yo ur own v i ewPo in t and

from what the other Board members have told

you, if Hrs. Bozenan had applied the Board

would not have apProved her aPPlication?

A. TheY would noE.

Q. So it wouldnr t have Cone anY good

to apPIY, would it?

A. None whatsoever.

Q. AlI right.

A. In mY oPinion.

O. In your opinion anC based on rrhat



Foshee &Turner
REOSTA.ED NOTES$ONAL REIORTEn,S

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1105 Park Place Towcr o Birmingturn, Alaberna 35203 . Tdcphone (205)25142Co

18008aa-DEPO

other Board members told You?

A. Right '

e. In '84 were alI of the Board

members white?

A. Yes.

Q. end the suPerintendent was white?

A. Yes.

Q. I'iere any of the Board members in

rg4 politlcally aligned with H!s. Bozernan?

A. lione whatBV€E. Except that some

of thern $rere maybe fellow Democrats or some

part of - that Democrat group' I was running

on the RePublican t.icket each time' And I

did get black votesr ln fact had a black

camPalgn manager most of the tine'

Q. Who was that?

A. I would rather not saY'

the school sYstem so I would rather

h i s n alne .

Q. How inanY of the other --

back up to'78 and'79. At that time

of the Board members white?

A. Yes.

He is in

not give

let me

rrere alI

--



.'',r Foshee &Turner
RECETERED NOfISSIO}.IAL REPORTERS

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1'8OO'8ZZ,,DEF.O
f,ez-dgrlfrsf EEl6=,F'f, ;;'=fr i

e. And was the suPer intendent whi te?

A. Yes '

e. And at that time v?ere anY of the

Board menbers.poritiearry aligned with Mrs.

Bozenan?

A. No .

e. In t82 or r8I or t92' when the

BoarC refused to extend Mr3' Bozemants leave'

at that time l'ere all of the Board members

white?

A. AIl of the Board inembers have

always been white so fat in my menory'

AIl of the EuPerintendents have' five

.suPerintendents 
and about sixteen or

eighteen Boari meinbers' they have aIl been

wh i te .

And this time there has been a

blaek eleeted from the area thaE f know' I

have been gerrymandered into the Gordo

district. I wiIl not have an oPPortunlty to

run again. The other members can run in

other districts, but since I em in that

Gordo district I woulrl not be allowed to run

1105 Park Place Tower o Birmingham, Aiabarna 35203 ' Tdcphone (205)25142cr



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in that district. So ny time wiII be uP

I won't get to run the full time I was

elected to serve, but I suPpoEe in November

is when theY ehange over'

Q. And You what You characterize

asgerlymanderingresu}tedfromthevoting

rights lawsuits; is that right?

A. It did.

Q. And it eras aPProved bY the

Federal District Court?

A. It ilBS.

Q. And that was a Iawsuit that has

been brought o! not let me rephrase the

question. And that voting rights Iawsuit

haEbeenatleastPercelvedaBbeingbrouEht

byorEuPPortedbytheAlabamaDemocratic

ConfBt€ltcEr is it not?

A. Yes, I think there is no question

about that

Q. And Mrs. Bozeman is one of the

local Ieadeis of the Alabama Democratic

Conferencei is that right?

A; Right.

1105 Park Place Tower o BirminCham, Alabama 35203 t Telcphone (zo5)z5l4z$

1€OO8za,.DEPO



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e. She has been for manY Years?

A. Yes '

e. Now, going back to 1931, '82'

that period when the Board did not extend

Mrs. BOZemanr s leave, at that point in time,

were any of ihe Board members politically

aligned with Mrs. Bozernan?

A. None have ever been to mY

knowledge dur ing the whole time. The one

she was closest to h,as probably Parham. But

I would not say he tas politically aligned

with her. He might have been when he w'as

running.

Q. But generaIly sPeaking he was not

pollceallY aligned with her?

A. I would not think so.

MR. wHATLEY: I think thatrs aIl

I have.

FURTHER DEPONENT SAIT}I NOT

1105 Park Place Tower o Birmingham, Alabama 35203 . Telephone (205)25142@

1.8oo.8za-DEPO



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TUSCALOOSA COURT REPORTING
600 LURLEEN B, WALLACE BLVO' S

COURTHOUSE PLAZA' SUITE 2AO
TUSCALOOSA, ALABAMA 3540I

r205t758-4006

I}I TtsE UNIEED STABES DISTRICT COURT FOR BBE

}IORTEERN DISTRICT OE AI,ABADIA

I{ESTERII DIVISIOI{

}IAGGIE S. BOZE}IANr

PI,AINTIPP I

vs.

PICKEI.IS COU}ITY BOABD
EDUCATIOII I

CIVIL ACIIO}I I{U}IBER

cv-87 -P-225 1-W

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DEPEI{DAI{T.

IT IS STIPULATED AND AGREED' bY and

betvreen the PartieE through thetr resPective

counEBIr that the deposition of @ tray

be taken before !licheie E. ilonesr conraissioner and

Notary Publ ic I state of Alabaxra at Large r at the

pickens county courthouser carrolltonr Alabana on

the 29th claY of i'larchr 1988 o

ITIsPURTHERSTIPUI,ATEDAtgDAGREEDthat

t,hesignaturetoandthereadilrgofthedeposiiion

bytherritnessislraivedrthedepositiontohave



*

TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE BLVD, S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA, ALABAMA 3540I

(205) 758'4006

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organizations?

A. 9le11r other than ny church affiliation

and I just retired from the Alabana uational

Guardr buE other than that--

O. Vlhat church did you go to l{r. l{oLand?

A. First Baptist Church ltere at Car roliton.

O. Do you Presently hold any elected oftice?

A. Yes r na I an r I aM School Board menbe r '

O. Ifhen were you elected !1r. Noland?

A. In 1975'

O. And you have hel'd the Eame position since

t97 6?

A. Yesr matam.

Q. tlave you held any otber elected of f ice?

A. lilo r na I an.

Q. Have you ever run for any other eLected

of f ice?

A. l'Ior narano

O. Eave there ever been any bl.aclc school

Board menbers during your tenure on the Board?

A. Nor nar an'

O. Do you know of any blacks rlbo have ever

run for t,he Schoo1 Board?



f

TUSCALOOSA COURT REPORTING
600 LURLEEN B' WALLACE BLVD, S

COURTHOUSE PLAZA' SUITE 2AO
TUSCALOOSA, ALABAMA 3540 I

1205) 758-4006

ratio tha! we had to hire according to the Court

Order ancl I believe it $'aE 6A/ 40.

e. So as far as You know there are 40

percene ninoritY teachers?

A. Yes r ma t alrr tf € have to-- every year lre

have t,o up Baybe Ehis ]ast Court Order at the

beginning of each echool year se had to list, each

teacher and the color within tbe Eyatem.

Q. Do you know how J.ong the scbool systen

has been under this Court Order?

A, I believe iC was before I t,ook officer so

that would have been before 1976.

O. Do you know wbat court issued that Order?

A. Nor D8t 8tr0.

Q. Do you knotr who you rePort to every year

about the nunber of teachers that you bave?

A. I{e would have to check ghe

Euperintendentts officer I Personally donrt l'.now

nBn€s r buts I do know of a raEio that we tras under.

Q. Eave you part.ic ipated in the terninat,ion

or suspension of any t,eacher sj'nce you have been a

member of the Board?

A. Yesr tf,araE.

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A. WeII t gf, couES€r l'lrs. Maggie Bozenan

lrould be one and right of f the toP of ny head I

just donrt renember any othersr but--

Q. There haventt been any others or you

canr t remenber?

A, I just canrt rememberr I am sure there

have been otherg.

O.

were?

Q,.

A.

o.

Q.

A.

O.

A.

Q.

A.

Q.

TUSCALOOSA COURT REPORTING
600 LURLEEN B' WALLACE BLVO' S

COURTHOUSE PLAZA, SUITE 28O
TUSCALOOSA. ALABAMA 3540I

(2O5 ) 758'4006

And do you recall lrho those teachers

Do you P.now t'laggie Bozemanr l'lr. l{o1and?

Yes r f,ta I aIIl.

And how do You know Flrs. Bozeman?

So you have l'.nown her 6ince L962?

Yesr EIBTEtIu.

And you sell her insurance?

I donrt Dowo

You did then?

I did then.

VIas I.trs. Bozeman eEPloyed as a teacher at

A. Wellr BE I waa telling you I started !'ith

insurance in L962 and at t,hat, tine when I t,ook t'he

insurance debit I'lrs. Bozeman r'ras one of the

neDberE on trY book to collect from.



€

TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE BLVD. S

COURTHOUSE PLAZA, SUITE 28O
TUSCALOOSA. ALABAMA 3540I

(2OS r 758-4OO5

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that tine?

A. Yesr rBaraDl .

e. Was that here in Pickens County?

A. Yes r ma t ara.

O. Do you know horE long she had been a

teacher in Pickens County?

A. Bef ore when I f irst sret her r Dor Eat axo, I

sure didnr t.

In your capacit,y as a Board Eenber, doQ.

you know wbether or not Dlrs, Bozeroan htas a tenured

teache r ?

A. Yesr naraE,

O. And rras Ehe?

A. Slre tl?E r !€s r ma r am.

Q. What is your underst,anding of wbat a

tenured teaeher is?

A. I'IelI r onc€ a teacher teaches in the

systen so many !€arsr I believe it is, I get tny

years mixed upr it is either three years and tte

hire then back f or t,he f our!h or something l ike

that, and they go on genure.

O. So, l.lrs. Bozenan vras tenured when you

began as a Board rnember?23



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TUSCALOOSA COURT REPORTING
600 LURLEEN B, WALLACE BLVD, S

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TUSCALOOSA,. ALABAMA 354O I

(2O5r 758-4OO5

A. Yesr lilaram.

Q. DO you recaIl eny circunstances t'hat you

became aware of nhere Mrs. Bozeman was discipiined

either by the Principal of her school or the

superintendent or the Board of Education?

A. I only reloenber uE getting sone letters

frorn l1r. t.Iilliam Ricer the Principalr t,elling her

that-- EeIIing uE at that tine that Ebe hras being

insubordinate as a teacber.

but--
O. Do you recaLl or did you ever know what

the underlying circunstancea of this charge rrere?

A. I'IeIl r I know of sone gf the reasons be

give that.

Do you renenber rrben that rraE?

Nor natatrr I donrt retuenbeE any dateEr

I{hat, were those reasons?

One of then was that each teacher r not

only AIiceviller but, all our schooisr we have a

sign in staternent rvhen they cone in they are

supposed to si.gn in at a certain tine ancl Ehe

wasn t E f ollovring t,tre school poiicy.

Q. Anything eise?



€

TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE BLVD. S

COURTHOUSE PLAZA. SUITE 2AO
TUSCALOOSA, ALABAMA 3540 I

(205) 754-4006

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A. And also each teecirer in each Echool ls

cupSiosecl to lrave a lesEion plan r weekl}t lesson

planr &Dd ig is l3y understanding that she wa6nrt,

having the leeeon Pian.

Q. Anything else?

A. And also in tbe Eurluer eacb Loacber ls

oupposed Eo have professional gEo$thr tbey aEe

Euppooed to better tbeirsel'ves and uP their

standard of teaching and she didnf t PaEt,ic:.pate j.n

t,h 1E .

Q. AE€ theee educational programs EbaE they

are suppocod t,o PsEtlciPate in?

A. I uouLcl tbtnk Eo.

Q. Contlnuing education Plograns?

A. YeEr DOTEEI.

Q. Do you know plrether oE not a teaches in

t,his scbool eysten hae ever been susPended or

dtscbarged f,or fatlure to conply wlth any oE all

of Ehese reguiresent,c?

A. He nouid just have t,o go bacl'. and }ook at

Cho Board records r I rion I t reca]f, any.

Q. You donrt, recall Caking any actloa as a

nernber of, tbe Board egainst, any teacher for eny o'i



A
Yf,

TUSCALOOSA COURT BEPORTING
600 LURLEEN B. \^/ALLACE BLVD, S

COURTHOUSE PLAZA. SUITE 280
TUSCALOOSA. ALABAMA 354OI

(2O5r 758-4006

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these allegations?

A. Nor matanr I donrt renember-- I donrt

remember.

Q. Do you recall any other teacher ever

be ing brought to t,be at,tention of the Board f or

failure to conply wit,h these requireuent's?

A. ltro r ma I am.

O. !'Iho is the principal of l,lrs. Bozenanrs

school ?

A. l.tr . I'tri11ian Rice.

O. Is he white or black?

A. BLack,

O. Bow long has he been princiPal?

A. Be was principal when I went on the

Boardr so I dontt know how 1ong.

o. Xs he st,iL1 the principal?

A. Yesr BBr?El .

O. And that t s at the elenentary school?

A. Yes r mar am.

Q. Do you recall !{rs. Bozernan ever attending

any Board meetings?

A. Ygsr naraxa.

Q. VIas ihis on a r egular bas is or do you



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVD, S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540I

t2O5 t 758'4006

recall?

A. glhen I first went, on the Board she net

pret,ty regular vrith us r !€B r lilo r 8tD.

O. Did she discont,inue coning to Board

Deetings?

A. Yes r loa I aEl .

Q. And at wbat tine vras thatr when did she

quit, coDing ?

A. I{e11r af ier sbe wa6 Bentenced and catre

back hone and I don't renember her att,ending over

once or tlice 6ince she calle back.

Q. Do you recail l.lrs. Bozenan ever sPeak ing

at any Board meetings?

A. Yes r tiIE t aD.

Q. Do you recall shat she spoke about?

A. Noe malam.

8. Are you asare of l'lrg. Bozenan I s

involvement in any political canpaigne?

A. I tshink naybe at t,he County Commissioners

or sonething she might have suPPorted soneone in

the Alicevilie distr ict running r but ot,her than

that I dontt.
Q. P.re you avare of her involvenent in any

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pol itical

A.

Uat i onal

soneth i ng

Q.

isa

A.

the

O.

,Boz 
eDBn

cluba in

A.

Q.

A.

Q.

Bozeman

A.

8,

A.

menber of the IIAACP?

I was thinking maybe thls was a Part of

NAACPT I an not for sure.

Are you aware of whether or not !trs.

is a member of any civic organizations or

this conmunit,y?

tlor tnaranr I an 6ure $ot-

Or whether she ever waE?

TUSCALOOSA COUFIT REPORTING
600 LURLEEN B, WALLACE BLVO. S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 354OI

{2O5,758-4006

organizations?

I{e11. r I t,hink she is a nenber of the

Demccratic Party of AIabBnB r tiDPA or

like thatr other than that I donrt knovt.

Do you l'.notr whether or not Mrs' Bozenan

Iilor DETEE.

l4r. Noland r w€E€ you aware of lrhen lllrs.

iras charged lrith a critre in this county?

Yesr toarat!.

And rvben do You recail that' lras?

I donrt renember a dater I just renember

Bhe vao charged.

O. Do you know vrhat sbe waa charged lrith?

A. It, is riy understanding that she helped

6o!0e people vote illegal1y and maybe it, was



(

TUSCALOOSA COURT BEPORTING
600 LURLEEN B, WALLACE BLVD, S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540I

{2O5r 758-aOO6

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noLarized il1egal1yr but other than thatr thatrs

the charge.

Q. You donrt recall the Year?

A. tlor maraut, I donrt recalI the year.

Q. Do you recail whether it vras during t'he

tine you have been a neuber of the School Board?

A. Yes r na t aDr it lras af ter I vras a Board

meBber.

Q. And do you know whether or not !lrs.

Bozeman was convicted of that offense?

A. YgE r Da t aE.

8,. Do you recall when her conviction was?

A. Nor riaranr Dot a dater I donrt.

O. Do you recall t,be School Board taking any

action after her convict,ion?

A. Yes r Da I aE.

8. And what action did t,he School Board

t,ali e?

A. Wellr she wESr of course-- at the aeeting

$re aut,horized the suPerintendent to Eend her a

letter of charg€s r you know r that ire would have a

hearing for, her and t,he tirae llas set, for her

hear ing,



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sent?

A. t'Ieli, it would have been af ter that

because she $rou1d have had to bave tine to get the

]etter. It !s within 20 or 30 days efter tle set

one Ehat-- ere j ust don I t say one day and have the

hearing the next, dayr she has so many days due

Pr oc€sE .

Q. It is your recollection Ehat l'hen tbe

letter was senE r erBS this Eoon af ter ber

conviction?

A. I dont t reuetrber days but it was af t'er

her conviction.

TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE BLVO. S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA, ALABAMA 3540t

(2O5r 758'4006

was a hearing held?

Ygsr Eafam.

I,Ias this at the same t ine the letter was

Within a lrontb?

I would think sor t€sr naraa.

And is it your recol,lection that t,hen

Q.

A.

Q.

ult,hin another nonth the irearing lras held?

A. Whatever the schooL law says that Yre have

t,o go by, then I am sure ue went by that,r nowr if

It, lras 20 or 30 daysr however J.ongr I am sure we

g ive her the arople days we wetre alLoned by schooi



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TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE BLVO, S

COURTHOUSE PLAZA. SUITE 2AO
TUSCALOOSA. ALABAMA 3540I

(2O5r 758'4006

law to give ber'

e. l.1r . lloland r does the Supe r lntendent of

Education bave t,he author ity to suspend a teacher

on his own without any action fron the Board?

I.lR. I{ARD: I objectr that cal}s for a

lega1 conclusionr if you know you can give your

opin ion .

A.

o.

A.

can exPel

Q.

authorit,Y

A.

have

Q.

ever

A.

Q.

Leave of

A.

Q.

A.

I dontt, know whether he is bY Iaw.

You donrt know whether he can?

I know in our local schoolsr our teachers

but they canrt susPend.

I mean does a suPerintendent have the

to suEpend a teacher?

I rroul,d think that Eaybe tbe Board lrould

to approve it.
Do you ;ecall whether or not llrs. Bozeman

requested a Ieave of abEence?

Yesr DorBliI .

And rrhat is your recollection that that

absence rras for?

I t rras to appeal he r conv ict ions .

Do you know the outcorce of that appeal?

Wellr let me say this r ts,t the f irst



e

TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE BLVO. S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA, ALABAMA 3540I

(2O5r 758-4006

appeal after her first year that we give herr it

6ti11 hadnrt been decidedr Bo she catre and asked

for anoLher year and we give her anotber year to

appeal her convictionr but it uas overturned.

O, You understand her conviction wag

ove r tu rned?

A. I{hat I an saying it rras upheldr I didnrt

Eiean it was overturned r it tras upheld '

A. So it is your understanding that I'lrs '

Bozenanr s convietlon sras affirned by the CoUEtE.

A. Yesr EtBtEI[.

Q. Do You knou rrhat court?

A. I{e],11 a}l the way fron State of Alabana

Appeals Court all the uay tbrough glashingtonr tbe

cou Et r United Stat,es Supreme Cou r t '
Q.Areyouawareofanyactionbyafedera]'

district, court in Alabama concerning !Irs '

Bozenanr s conviction?

A. I an a$are of one in EoEIe other state

where a Judge overruled it and said that she

wasnr t guilty r buE I clon t t think it waa in

Aiabama.

8. But you are auare of Eotre action by a

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f,ederal court,?

A. Yes r nB I dE.

Q. That said l{rs. Eclzenan was not guilty?

A. Yesr tIIaram.

Q. I{hat is your understanding of the st,atus

of I'1r s, Bozeman at this t, ime in regards to tltis

conviction?

A. I'Iellr of couls€r like I said if the Judge

said she uasnrt guilty or the couEtr then tbey

said that liaybe sbe didn I t do any lrrong r but as a

Board t,his conviction had been upheld at the tirne

we Bade our decision.

O. And when uas that deciEion nade?

A. Well r it htould have been rrhen you asked

&e uhiie tslo r so &any days af ter stre v,as

convictedr I dontt remenber t'he year.

O. And you coul.dnt t recalL any oLher hearing

ever being held in regard to l.1rs. Bozenan I s statuE

aB a teacher?

A. The one $re give her where she didnr t shov'

up or didntt have anyone to stand uP for herr

thatrs the onliest one we had lor her.

O. There has oniy been one hearing that you



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federal court had overturned her conviction?

A. I would say ]r€e r it ttag af ter they

overturned it.

recal1?

A.

Q.

of l'lr s .

teacbe r ?

A.

Q.

loade ?

A.

O.

Q.

A.

Q.

Q.

A.

Q.

A.

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Tbat I remember.

As a lBember of the Boardr are you aware

Bozernan requesting her j ob back as a

Yggr Earan.

And do you know uiren t,hat reguest was

Nor maranr Dot t,he date.

Do you know trhether or not it gras af ter

It rras after t,hat?

YeE.

I'Ihat act,ion did the Board talie on that

I{as a hearing lreld et t,hat t'irne?

llor lit?rBIII.

Do you reuember vhat Year tirat was?

llor [raran.

request?

A. withOUt lOolling at Board ninutesr I donrt

remember.



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e. Do you l..nov uhat, Egrt of notice !lrs.

Bogenan rrea given !n rega:d to the bearinE that,

you do reuember?

A. YeEr Batanr @vGryEiue 9€r any teacher ve

eluays give lr.hen thcir [otice by regj.sEered naii

and tbey ai$ayE sign for it, seylng tlrey rBceived

the ]et,t,er r End thea t of coEla€ r t,i!e PSEE of f ice

Eends back rYhere theY oigned iE.

Q. llcu ror,y ot,lrer teacbers have you bad t,his

sort of, bearing f,or?

A. I clon I E reaenber t,be nunber of, teacherg.

Q. Do You reuenber baving any ot,ber

bear ingo?

A. lior uaranr I donrt reneober.

Q. You clon t t re:lerioei or you don I t tbink

ttrere ever bas been one?

A. I clonrt leneBber? I wouid ihink there

bave been others.

Q, But You don I t rellenber anY?

A. llor [i8raDr

Q. tlr . Iioland r 618 yOU ElrBr€ r ES e neuber (rf

tlre tloard of Education r of, ti:e Aiabena Tenured

Teacher tav;?



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A. Alabana Teacher Tenured Law--

O. Yes?

A. Yesr 1116rot[.

O. I{bat is your understanding r sir r of the

g r ounds upon rlbich a teache r can be EusPended or

dismiEsed?

A. I{eti r it has several }isted. It seens to

me like insubordination is one and naybe convicted

of, a felony eould be twor and Baybe noraLs uould

be threer but I dontt renember anymore.

Q. You think these are all. of then?

A. tlo r IIIa t aE, I am sure there are otbers.

Q. !tr. Nolandr do you consider a eonvict,ion

of a felony to be eviclence of an act of inmorality

by a person?

A. Yes r tia I an.

O. Do you consider evidence that a

conviction of a felony has been overt,urned to be

evidence of an imrcoral act by one someone?

A. In ny own heart just because it bae been

over'turned doesn t t mean tirat it didn I t talie place

ancl that doesn''t justify what was done.

Q. I*1r. t'ioland r ha're you ever test,if ied



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IN TBE UNITED STATES DISTRICT COURT BOR THE

NORTEER}I DISTRICE OP ALABAI"TA

WESIERN DIVISIOiI

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ITIAGG IE S . BOZ E}IAI{ I

PLAII{TIFF I

vs.

PICKEI{S COUNBY BOARD 08
EDUCATION I

CIVIL ACTION NUI{BER

cv- 87 -P-2251-W

DEFENDANT.

SlFTDDT.il'FTON

IT IS STIPUi,ATED AND AGREED, bY and

beth,een the parties through their resPective

couns€l r that the deposition of JACR pAnE may be

taken before Michele E. Jonesr Conarissioner and

Notary PubIicr State of Alabama at Larger at the

Pict<ens County Courihouser Carrolitonr Alabamar or

the 29th day of tlarchr 1988.

IT IS FURIBER STIPULATED AND AGREED IhAI

tlre signature t,o and the reading of the deposition

by the witness is rvaivedr the deposition to have

relE,



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Q. And lrrhen $rere you a menber of tire Board

of EducaE, i on?

A. Ygsr naram.

Q. Eow were you electedr is that an at-large

election or are there voting districts?

A.

O.

A.

Q.

Prom 1973 through 1984.

Is that an elected position r l'tr. Paie?

Difterent eLections.

Is ii at-Larger does everybody in the

county vote?

A. glben I first ran for the Board of

Education it was at-larger tou were voted on by

districtE 1f I recall rlghtr in the Prinary county

wide-- then in the general election.

Q. How often are Board members elected, what'

is your tenure in office?

A. Si:l Years.

Q. Six Years?

A. Yesr mElrEfI.

Q. And hotc nany Eines did you run for

office?

A. I'IelIr f vras aPPointed in 1973 and then I

ran for a regular termr S€rved that term and ran



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Q. Progl A1 icevllIe?

A. Yesr IilElan.

Q. And during vrhat election year $rould that

have beenr if you reca11?

A. I donrt recaII.

G. What rrere the eiection years in which you

ran t{r. Pate?

A. L974r six year termr Bod then 1980 I

guess would have been the other oD€r I donrt

remember exactly.

O. Do you recalL who tbat black candidate

was ?

A. blo r itro I ElE.

8. Were you unoPPosed in your elections?

A. Goshr that has been so longr f donrt

remember, the second term I was unoPposed and I

donft even renenber on the first one.

O. Did you not, run for re-election in 1986,

Dlr . Pate ?

A. llor maramr I didntt serve out tvro fuIl

terns, sB€r you got 12 f€arsr I didnrt serve out

the last two years.

Q. Why not?23



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A. I ran for Picliens County Comnission.

Q. So you ran for the Pickens CountY

Comnission?

A. Yesr maraIIl .

O. I{ere you successf ul in tbat elect ion?

A. Yes r ntEI I oil.

Q. And you presently serve in that capacity?

A. Ygsr mar am.

O. And wbat year was tbat that you ran for

the County Commlssion sea!?

A. tfent in of f ice in ilanuary of, 1985.

O. lfere you unoPPosed iu tbat election?

A. Nor mararl .

Q.

A.

And who ran against you in tbat election?

In the prj.lnary Jlmny Doyle lfiLson and

Chester James.

O. Chester James?

A. Chester Janesr right.

Q. And in the generai election?

A. In the general election lras oPposed by

Ganus Gray.

O. I{ere any of these candidates black?

A. Itror lilaram.



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Q. Igho was the suPerintendent during your

tenure on the Board?

A. At f i rst W j.ll.larn Carpente r and then Jer ry

Pa rham.

o. t{hen did l{r. Parharn take over as

superintendentr 85 best you can reca11?

A. Goshr I dontt remenberr I didnrt keep uP

wit,b tbat.

O. What occasioned !{r. CalPenter t I leaving?

A. Beg Your Pardon.

Q. I{hat occasioned }tr. Carpenter stepping

down as superintendent?

A. He was defeaLed in an election.

O. And so Mr. Parhan was an elected

official?

A. Ee vras elected as suPer intendent r }/€5 r

toa I am.

Q. During your tenure on ihe Pickens County

Boarcl of tsducationr do you recal1 hovr nany

teachers t ere terminated?

A. Nor mal am.

o.

A.

Do you remember anY?

I dontt reca]1 Bn}zr I trould have to look



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at tlre records and see right, !lol,ll.

O. But You donrt recall any?

A. l{ot rigbt offhand I donrt.

O. During your tenure with the Boardr do you

recall what percentage of teachers in the school

system were black?

A. I trould say aPProxinately 40 Percent,

bLack. It nas due to the Singieton ratio. I

believe rre were under Ehose guidelines whicb the

population in the county was aPProtimately that

nuchr the black populationr 3o it rras about 60/ 40.

Q. rvbat are these guidelinesr lrhere did you

get these guidel ines l'1r. Pate?

A. I didnr t get thenr they lrere banded down

to us througb the Singleton ratio.

A. Eanded down from wherer fron a court?

A. Right.

O. Or from t,ire state?

A. Right.

Q. So during your tenure on the Board the

school syst,ein $ras uncler a Court Order to bire a

certain percentage of blacks?

1,1R. WARD: I objectr the Order tYiIl23



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speak for itseif . He may iest'ify as to what he

understood it to EElr go ahead and anslrer.

ra. I{hat dld you understand tbe Order to be

tir en ?

F.. Well r is I stated while ago iE is the

Singleton rat,io-- applied t,o aPproximately the

number of blacks in the county and tbat ratio.

A. Do you know wben the Court order vras

issuedr l{r. Pate?

A. No r trla I an.

O. Was the school systen under that Order

-during your entire time on tbe Board?

A. Beg Your Pardon.

O. I{as the Order in effect during your

entire time on the Board?

A. I don!t, recalI.

O, Do You know t{aggie Bozenan?

A. Yesr rilaram..

Q. And how long have you known l'lrs. Bozeman?

A. Well r I j ust kners she was a teacher in

our system. As far as knowing ltrs. Bozeman as an

enployee of the countyr I couldn!t say that I

virtually knew llrs. Bozeman fron the first year I



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went on E,he Board of Educationr but she was an

enPl oy ee .

O. She was not an emPloyee then?

A. I didnrt say she was Dotr I said I donrt

recall her as one. I didn't know every teacher in

the system when I first went on tbe Board of

Bdu cat i on .

Q. tsow many teaclrers are there in the systen

or were there vrhen you vrere on the Board?

A. I couLdntt tell You.

O. Bow nany scboolE are there in the county?

A. we had one in each city in the countyr so

vre have fourr four high schools and four

elenentary schools and then in later years Ladow

Vocational Center which is west-- east of here.

O. llhen did you first become ?wdt€r I'1r.

Pate t .of who l.laggie Bozeman is or that she was a

teacher in the school sYstem?

A. Thatts a hard question to ansver. I

couldn t t 'telL you when I f irst knew I.taggie Bozenan

as a teacirer in the system. I couldnr t give you

a date on t,hat.

Q. Do you linotr hol long I'trs. Bozeman had23



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been a teacher in tbe school sYstem?

A. She was emPioyed vrhen I cane on t,he

Boardr so I donrt know.

A. Do you know what grade Mrs. Bozeman

taught ?

A. llo r lna I aIf, .

O. Do you know what schooL she was enployed

at?

A. AIiceville ElenentarY Scbooi.

O. Was tilrs. Bozeman a tenured teacber at the

tirne you became a member of the Board of

Education?

A. Yes-r Inaral[.

O. Do you ever recall lilrs. Bozeman being

discipiined for any reason by the Board?

IllR. WARD: Other tban the t ine si:e leas

terininaied.

O. Other than the ternination?

A. I don I t recail tire Boarcl doing t,hat

unless you couid show me sonething in the files

r,llrere we can substantiate that. f he BOard doesn t !

act upon discipline unless it is recommended by a

super intendent .



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O. [Iho has the autbority to discipline

teachers?

A.TbePrincipalandyourSuPerintendenior
your adrninistrauion of the school system'

o.ButasaBoardmemberyouY,erenotalfare

of any disciplinary actions against i'lrs. Bozenan?

A. Prior to the court suit thing?

Q. Yes?

A. DIo r ma I aiil.

O. Dicl l{rs. Bozeman ever attend Board

meet i ngs ?

A. Yeg r nar am.

Q. And do you recall tbose occasions?

A. Iilot by daies r I know llrs ' Bozeman

attended Board meetings regularly'

Q. ReguIarIY?

A. Ygs r ma I am.

O. I{as she j ust an obse rver at these Board

meeti'ngs or vrhat was her PurPose?

i'lR. I{AR'D: I obleci for him stating--

youareaskingthequestionastothePurPoseof

her attencling, I don! t know tbat be rvoulci linorr

trhat tire Purpose of he r attending w3s '23



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Q. Did tlre Board ever call her to be aL

these meetings?

A. Nor mar an.

O. Did she ever sPeak at Ehese neetings?

A. Ygsr mar an.

A. Do you reca:'l whaU l'lrs. Bozeman sPoke at

Board meetings about?

A. Nor marall .

Q. Do you know of any PoLitical canPalgns

that Mr s. Bozeslan was involved in?

A. Nor mar am, I never did involve nyself

witir political activities.

Q. Except in Your elections?

A. I wasn I t even involved witir t'lrs. Bozenan

in my elections.

Q. But You don't know of any otirer

candidates t campaigns on your olrn canPaigns that

!1rs. Boeeman 1{as involved in?

A. Ilor matainr f didnrt invoive myself in

that with her.

Q. Do you know of any political grouPs or

civj.c organizations t,hat t{rs. Bozeman is a nember

of?



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A. I rsouldn't lrave any'idea vrha! she is a

member of.

A. Are you at are of any of ltlrs. Bozenan I s

pol.itical siands in this coumunity?

!{R. IfARD: I an gonna object, unless we

def ine vrhat pol iticai would be in this conte:lt .

Q. Are you aware of t'lrs. Bozemanr s activit,y

in any voter registration drives?

A, Only through wha! I read in the PaPer and

what tbe court bad her involved in as far as

poJ.iticai. aciivities.

Q. What have You read in the PaPer?

A. I{ellr the on}y tbing I have read in tbe

paper concerning that was t,he aliegat ions that sbe

nas involved in absent,ee ballots and then tbe

courtr her trial on that in laEer tines as that

dev el oped,

O. And that I s the full extent of your

knowledge about Mrs. Bozemanrs poiitical

aciivities i.n this cominuni.tY?

A. Yes r mar an.

Q. Ilhen did you first, becone aware tirat I'lrs.

Boceman vras chargecl rvith voter f raud in this



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county ?

A.

o.

A.

I dont t recal1.

Do you know how you became alrare of ii?

First I knevr of it was reading it in the

PaPe r .

Q. Did you becone altare of it as a nenber of

the Board of Education?

A. lilor I get t,he PaPer at horne and I an just

an individual memberdhen I am at home.

Q. Were you a menber of tbe Board of

Education vrben l,llrs. Bozeoan was convicted of voter

fraud in this county?

A. Ygsr ulatagl .

O. And do you r€calIr ltr. Pate r rvb&t act ioa

ihe Board tooli at that tiiae?

A. At the tine she $ras convicted--

O. Yes?

A. The Board didnrt t,al;,e any action righ"

then.

o. The Boar d toolc no act ion what soever at

the Eirire oi her conviction?

A. Not at tbe date of her convictlon.

Q. Are you at{are of any leaves of absence or



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request for resignation from the Board or grant,ed

by the Board to I'lrs. Bozeman at that tine?

!.1R. I{ARD: I ob j ect, unless ee nar row

down when you say tat that tineo.

Q. At the tine of her conviction?

t.lR. IYARD: Are we taj.king about that

dayr the week, inmediately following?

Q. Inmediately following ber conviction?

A. Eow would you define oimmediately', how

long a period of tine?

Q. Ifithin two nonths?

A. I dontt recall the tineframer but I

remember l{rs. Bozeman asking for a leave of

absence pending appeal of tbe conviction.

Q. I{ere you Present at any Board neetings

wirere the Superint,endent of Education discussed

Mrs. Bozenanrs status as a Leacher with the schooi

sy st en?

A. I"tot unt iI the time that the

reconmenda';ion vlas nade for t,ermination and for

the charges that might have been against her.

Q. Do you remember when that lras I{r. Pat'e?

A. IIo r rila t ata.23



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Q. Do you recall the Board act ing on l'1r s.

Bozenanr s situation in tiovenber of 197 9 and

suspending her--

A. SuspenCing her?

O. On Uoveunbe r 6 t L97 9?

A. I don t t recaLl. tbe dates on thai as f ar

aa the suspension' I reurenber her asking lor a

leave of absence pending her appeals.

O. Do you recall on wbat grounds tbe Board

suspended Mrs. Bozenan in Novenber of J.979?

A. This was after tbe conviction?

Q. Yes r si-r ?

A. I{e11r it was several. reasoDs r if I

reca11, I dontt recaLl exactLyr the conviction

would ha'le been part of it I the other ctrarges t,hai,

nay have been brought forth in a letEer which you

probably have before 1rour f could probabiy look at

t,hat lett,er and ref resh my memory as to wirat tirose

other charges may have been.

Q. Is conviction of a crine grounds for

suspension or discipliner ternination of a tenured

t eache r ?

f.lR. I'IARD: I object, t,hat would cali for



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legal conclusion, but you can go ahead.

A. Beg your pardon.

Q. You can ansuer.

I.lIt. IIARD: i have ob j ected tbat it would

cail for a legal conclusion or interpretation of

the tenure law, but You can go ahead.

A. State your guestion again.

Q. I{el1r Letts back uPr are you faniliar

with the Alabana BenureC Teaclr.er Law aa a menber

of the Plckens County Board of Education or forner

membe r ?

A. I am faniliar with t,be Seacher Tenure Lan

if a teacirer is gonna be t,erminated. trhere is

steps you have got to followr but I clonrt recall

the exact stepsr I couldnIt cite those right of,r.

O. Do you recall whaL tile g rounds f o r

suspension or termination of a teacher are under

tbat, l aw ?

A. It, will probably be a roult,itude of things

as far as under the tenure laitr but--

O. You don't recail what any sPecific

grounds ior terminat,ion or susPension are for a

teacher ?



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A. Like soilebody in her case?

A. In any case?

A. I'Ie1I r ii: could be a Bultitude of tbings r

it could be insubordinationr a 1ot of thingsr as

far as the tenured thing.

O. Anytlring else besides insubordinat,ion?

A. I donr t recall any right now.

Q. And yo.u dont t recall tbe specif,ic grounds

upon which l,lrs, Bozenan gras susPended in November

1979?

A. Wellt if I remember in 1979-- i donrt

remember the year L979r but I remenber in the case

in that it would [ave been sone things involving I

knew she lraa having sone ?roblems with ber

principal therer but a resonmendaEion hadnrt been

made in tire Board aE far as that came uP on her

susPension.

Q. Do you E€cai.I r l'1r. Pate r th€ conditions

uncler which t{rs. Bozeman requested a leave of

abseace in tlovember of L97 9?

A. To be exac! I would have to see probably

a copy of .the Jetterr but if I recall she had

asked for a leave of abseirce which r'ras grant,cd ior23



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a year if I understand it rigitt. A year tras as

J,ong as vre could grant one at one tine and that

she askeq for an aPPealr if I recallr for a leave

of absence pending her aPPeal r ?rd that if she was

convicted in court then 6he would subnit her

resignation.

O. Do you know wbe'.her or not l{rs. Bozernan

ever lraived her rights to due Process in a hearing

under the Alabana Tenured Teacher Law?

A. Ygs.

O. And what vrere the circumstances tbat you

undersEand that she waived tbose rights?

A. There was a hearing set uP under tbe

tenure iaw with ProPer notification to tbat effect

and sbe didntt show uP for the hearing.

O. t'Ihen nas that hearing?

A. I don't reca}I.

O. Do You reaember the Year?

A. I dontt renetnber right rlowr rlor I cionrt.

o. You don't !'ecaI1 tbe Year?

A. t{or I dorl't.

Q. Do you linow what sort, of notice was sent

to !r1r s. Boz enan r ii aD}, r at the t irne of that23



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hear ing ?

A. Wel l r Ei the t iae of t,he hear ing

documentation t as given to us tben tbat shoved

that proper notification was given to her.

Q. Do you recail rvhat tbat rvas?

A.

o.

aware of

case ?

A.

o.

lilor maram.

At the t irne of the hear ing r were you

the status of ttrs. Bozemanr s crininal

Yes r mar am.

And what did you understand the status of

that case to be?

A. That it had been appealed all tbe lray

througe t,he suprene court and thEt her appeals had

been exhausted at that tiae.

Q. Did you know rlbetber or not l{rs. Bozeman

had any case pending in federai court concerning

that conviction?

l-lR. WARD: The SuPreme Court of the

Unii,ed States wouLd be a federal court-- you mean

other than that--

Q. Other than t,lre United States Supr eme

Court?



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No.

You are not avrare of that?

No.

Are you atrare of any action by a federal

in regards !o llrs. Bozemants conviction?

Of any action in federal court?

Yes?

I'Iothing taore than I understand she Lost

So as far as you are aware llrs. Bozeman

in 5rrison at this time?

Nor I didn't say t,hat.

But as far as You are a'rra re l'1r s . Bo z eman

she has beenis sti1l under that convictionr

convicted of a crine?

A.

Q.

A.

Q.

cou rt
A.

Q.

A.

O.

1A

A.

o.

on aPPeaL.

o. Are you atrare of, llrs. Bozemanrs Present

status in regards to {:bat crininal conviction?

A. weLi r !'vrouldn't know what you would be

asking as far as regards to her Present condition.

I understand that she was under the conviction and

it was appealed and then she iras sentenced and

then the governor puL her outr as I understandr

out, at Tuskegee or somewhere.



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A. i understood at thai tine that' the

gorrernor had put her out at Tusliegee and t,nen

later the govetrot r I understandr I read througir

the nedia that she was parcloned.

O. So you read she had been par,ioned?

A. If I recal.l rigirt r I don I t, remember dat,es

or anything.

Q. l,ir. Pate r what is your understanding of

who pardoned I{rs. Bozeman?

A. I dontt recall everybody talking as far

as the Board of Educationr but the Governor of

Alabaaa vras invoLved in it at that time '

8,. Do you recall what year that would have

been?

A. Nor marari.

6. At the Lime in 1978 and 1979 witen l'lrs'

Bozeman was charged ang convicted here in Pickens

Countyr vrere you ever called to testify before the

grand jury?

A. Iilo r ma I an.

Q. Did you ever give a statement to the

D.A. r or any investigator or police officer?

A, l'Ior naram.23



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O. Did you testify at ilrs. Bozenanrs t'rial?

A. l.1o r oB I BIil .

Q. Did you knotr any of the vritnesses at her

trial?

A. lvor maram.

Q. vrere you Present dur ing any part of that

trial?

A. llo r Ina I ant .

O. During the Sept,emberr 1978r €iectionr did

you ever give any information to the D.A. I B office

in Pickens County about l,1rs. Bozenanr s politicaL

activity?

A. None whatsoever.

Q. I{ere you ar'rare of her political' acti'rity

during the Septernber of I97I elections?

A. No r Elar am.

O. were You a member of the Board of

EducaLion at thai tiise?

A. 197 8?

Q. Yes?

A. Ygs r IIIB I tliil .

Q. In 1984r itr. Pater lrere you a nenber of

the Board of Education?/.J



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member of t,he Board in regards to

of lllr s. Boz eman ai that t ine ?

any actions as

the empLoymeni

A. In 1984-- I don't recilir tlotrr you might

produce a let,ter or something as far as she may

have asked for her job baclir but I donrt recall

rigbt offhandr I don't, bave a coPy of tbat in

froni of me if t,hat is what it uas.

Q. You donrt recail Mrs. Bozenan asking for

her job back or do you knou?

A. I dont! reca1l right offhand.

O. Do you recal1 a hearing ever Deing held

in 19 84 concerning lrtrs. Bozenan t s employment with

the school systen?

A.

o.

A.

o.

Yesr rilaran. '

And do you recaLL talting

l'Io r ma I agl .

Do you recall

or an at-.orney for the

up the subj ect of l'1rs'.

meeting in 1984?

A. I don't recalI rigitt

to me like I heard something

her job back or sonething and

either the superintendent

School Board ever bringing

tsozeman during a Board

off hand,

abouE her

it could

llOif r SeenS

asking for

have been23



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brought, up, but I donr t, recaL'L right of f hand.

Q. So you heard something about her wanting

her j ob back r but you don I t know lrow you heard

about it?

A. T{e}1r it, could have been through

document,at ion of t,he Board neet ing r I haven I t, went

back and read tbose minutes.

O. tsut you dont t ever recalI voting as a

meEber of the Board on such a request?

A. !.Ie voted on so many tbings on the Board

of Education, I donrt recall the sPecif,ics that

veli.

Q. Do you know trhether or not I'lrs. Bozeman

is presently enploYed?

A. Nor I dontt.

O. As a former member of Picirens County

Board of Education, was it your understanding thar-

contriction of a felony was grounds for dismissal?

A. A f elony is wirai: she vas convicted of t I

am asking you--

O. Conviction of any felonY?

A. I am aslting you iras sile convicted of a

ielony?



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Q.

ask

it r

O. As a former member of the Board of

Educationr is iE, your underEtanding that

conviction of a felony is grounds for disnissal of

a tenured teacber?

A. I would say if l'lrs. Bozeiaanr wbat€v€t r

whether lt lras a f elonyr I donr t recali whether it

was a felonyr but under tbe conviction she had

$rould be grounds f or it.

o. Under Firs. Bozeman t s conv ict ion?

A. i don t t knon tchether it uas a f elony,

thatts what I asked 1zour I don't knotr whether it

lras a felony or what it t{as.

Q. The question wasn t t necessarii.y in

reference to [,1rs. Bozenanr I'lr- Pa'se?

I,lP.. T{ARD :

felony?

Q. Yes?

T,IR. I{ARD :

understanCing and

Are you asking for any

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l'1r. Pater that I s not ttre questionr 1et, ne

tire question again. Is ii your understanding?

IilR. tlrlR,D: If you can anslrer it anslver

if you canrt--

She is asking for your

opinion?



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A.

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grounds

A.

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be

A.

Q.

A.

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Yesr lllaranr '

Ehat any f elony conv ict ion ltouLd be

for dismissai?

Yesr BIilriil.

e,

Do you consider any felony conviction to

evidence of inmoralityr I,1r. Pate?

I dontt know how to answer that reaIly.

Yes or no?

No.

!.tS. FRALEY s l'Io mo re guest ions.

tltR. WARD: ! dontt bave any questions,

thank you.

FURTEER DSPOITEITS SAITH }IOT



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ITI TIIE UNIEED STATES DISTRICE COURI EOR AEE

I{ORTHERN DISERICT OB ITLAEAIIA

T,TESTERI{ DIVISIOII

T.:AGGIE S. EOZET1AIiI

PL,AII{8IPF I

vs.

PICKE}TS COUIISY BOARD
EDUCATIOI{ I

CIVIL ACTIOII IIU!6BEA

cv-87 -P-2251-W

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DEFENDA}IT.

IE IS STIPULAEED AUD AGREED ' bY and

betweenthepartiesthroughllreirresPecEive
coutrEelr that Ehe deposition of, IIAIiCI--EAIB llay be

taken beEore l,licbele E. JoneEr cOmrqissioner and

uotary Publicr state of Alabana ae Larger at the

Pickens coungy courEhouser carrolltonr Alabaroar OD

the 29th day of tlarchr 1988 '
iTIsFUREIIERSTIPuLA?EDAIIDAGREEDtbat

the signature go and the Eeading of, tbe deposition

by t,lre witness ic waive<j r the cieposit,ion eo have



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ot, Registrars in Carrolltonr Alabana'

O. And vhat does t,hat job eneail?

A. I lieep uP wiLh the registered voters in

tbis CoulrEt I tbe deattrs r the change of, addrC,SE€tj r

change of D&Et€sr the Precinct, they are to vote inr

et ceiera.

e. How. long have You held t,hat job?

A. I waB aPPointecl by Goverrror Eunt ln

O,;tober of, 1988 r I Bean 1987 r €zcoEe rt€--

Q. Is tlrls an elected Position?

A. llo r th i s I s an aPPo intaent .

Q. Anrl bo*l long can you'serve in t,hat

position?

A. Four lealEr
O. I'rere you etrPloyed before thla in Bny

ot,lrer caPacitY?

A. l'Io.

Q. So prior to Octobei of, 1987 you Here

uneupJ.oyed?

A. Right.

Q. Iiousewife?

1,. Yes r I helped rny husband in his bus iness I

Fairrs Used CarE.



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and tlunani.tieo.

e. Anyt,hing elee?

A. lhat,rs aLl.

e. I'ihat el.ected of,fices have you treld in

Pickens countyr !1r$. Fair?

A. Juet the Pi.cl..ens County Board of

Education for six Years'

Q. TbaErs tbe only one?

A. That t s tbe onJ,y on€ r ub-hub.

Q. And you just seEved onc Eer&?

A. One term. I ran second term f,or cbairnan

and eas defeated.

O. llhat yrere the years of the ieEE that you

oe rved?

A. | 7 8 through 198/r r j.s Cbat E!8 years?

Q,. Did you bave any oppos:tion in t,he 1978

elec t, ion?

A. No.

O. Ehet, wae both :.n Ehe prlnary and t,he

general election you ran unopposed?

A. E,iE ht, .

Q. And you ren for a Eecond {:errl in 1984?

A. 19B4.



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to be erlpeiLed r E€eting w j.Lh Paren-'s it any cone

f orth that wanted t,o have a hearingr a neetlng.

e. Are these Board meetingo publlc?

A. Yesr they 8i€o

e. Do you know bou Bany teacbere Ebere were

eroployed by tlre schoo! systen rhj.le you llere a

meDber of, the Board?

A. llo r Da t am.

G,. Do you recali any teachers being

suEfrended or terninated wbile you uere a EeDber of

the Board?

A. llo.

Q. Does t,hat nean tror you donrE ECCEIIT or

rlgr there werenrt eny?

A.

Q.

Hor I dontt recall any.

I didntt aEk the questlon very well. Do

you know rhat percentage of teachers enpioyed in

t,he school EyEtetr erere black?

.A. Approxinately 40 percent, are black I
bel i€vG e

Q. tlas Ehat, due t,o a Court Order?

A. trhat was duc t,o a Cour t Order tbat L'e bad

to go by when I becarne a Benber of Ehe Board that



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uas brougirE to my Bttent,ion and I was aeare ot.

O. That Court Order rras alEeady ln place

Hhen you became a Eerlber of tbe Board?

A. Yeg r Ela I a[t.

O. Do you know how long tbaL Court Order had

been in effccE,?

A. I be] lBV€ r I aro not pos itive r but I

believe it had been in ef fect approrinat,ely tuo

year8,

O. Do you knon who issued thaL Orcler?

A. $lor f donrt.

O. Do you know Haggj.e Bozenenr I{rE. Pair?

A. Yegr BtElBEl.

Q. And how do you knou l,lrs. Bozenan?

A. I P.now her by her presence at Eeetingo

that ue traV€r sbe saa present at aotre of the

Beet!.ngs and I knew wbo rrhe was et that t,lne.

€1. Did !!rs. Bozenan speak at tbese Board

neet ingo ?

A. At, Bo[te ot then she didr ]oE r roa I an.

Q. Do you recall ubat ehe spolie about?

A. Dif f erent iasues r she cpol'.e abouE one

t,ine I recall &-- not gett ing to opeak and we had



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tocallBdaypriortotsbeDeetingstogetontl}e
agenda !o speak. I'Ie aslred everybody tbat wan--cd to

spealc 5o ue coul<l do the agenda to caJ'I t'he

supe r intendent and I et on t,he agenda r and I know

she spolie one tine ebout that I dif f,erent thingo r

ancl I clonrt rocalir but she spoke aE Bany

clif f erenL tiloeE '
O. fbatrs the only one tbat you can recal'l

6pec if icaItY?

SpeclficallYr 1'BSr

Did you lcno$ aE Ebat Eine tbat t'lrs'

BozenanwaEatseacherintbeschooleyoicu?

A. After sbe cane to tbe Board neetings and

she waE there she rras pointed out that sbe sBs a

Eeacher at Aliceviile Elenentary I believe'

Q. Do you know vbet'her or not l'!re ' Bozenan

lras a tenured teacher ?

A.

Q.

A.

Q.

Yegr sbe wBEr

liere you aware of, any disciPilnarY action

Bozer.ran either bY a

or Lbe Board of
Chat eas tallen against !1rs.

p r inc tPal r 6uP€ r intencient r

Educai, ion?

A. i }inerv that af i:er glre WE6 r it, i,as brought23



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ouE about her voLing fraud r.rhat,ever ahe $eE

chargeci with thac it did cone before tbe Board.

Slre did ask f or a leave of absence, I reme&ber

that coming up ond tben we seL uP a hearing for

llrs. Boaertan on lrer coning back ot whetever and I

knotr that the EuPerint,endent dld chow uE

registered letEers that he bad sent' l'!rs. Boaeisanr

I spec if icaS.Iy reraenber tboee. And at the tlne f or

t,tre hearing I knovr t,hat ee dld &I1 Eeet lor a

hearing and she rlid not sbott uP.

O. Do you recall r,hen thaB hear ing was?

A. Iilo r I clo DoE.

O. Do you recall wben ber conviction nas?

A. tlo r DB t Bll.

O. Do you recall vheLher or not the Bclard

acted !o suspend HEE. Bogenen at any tine?

A. I donrt recall thate

O. Do you reca11 when Ehe Eoard or did the

Board acE to ternlnat,e l,lrs. Bosenan dur ing your

tenu r e on the Boari,?

A. I donrt renenber,

Q. Do you recall llrs. Bozenan aaking for her

Job back at, any tine during your tenure with t,he



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A. I donrt renenber.

e. You son t ! recall tsali lng any actions as a

Board Degbe:: on a request by l.Irs. Dozenan f,or her

j ob bcsl'. ?

A. I'io r if I hrere t,o sree t,he Elnutes i could

probably recall r but of f,hand I do not, recall'.

O. Do you recall or were you ever alrarc of

tbe outcoBe of llrs. Bozenan's appeal of ber

conv ict i.on?

A. I read in the PaPer wbe re t,hat Ebe wBE r

the Court Order and where sbe uas sentenced and

6ent of f, r and Ehen I io recall reacling in the

paper whcre ber appeal waE overturned and sbe waE

par doned oE whatever and she tras ouE of, Br ison.

Q. Do you recail uben you read about that?

A. llo .

Q. Do you recall the Doerd ever taking any

acEion in regard to tbat, Pardon?

A. t{o r I can I t say Lhat I rerrenber i.t, r Iike

I sey if I were to see t,he ninutes E,hat, vouirJ

probably refresh r.ry Eetaortr but, I canIt say I

speciilcaliy renerrber any of that Particular



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A. llo.

e. Are you awaEe of, any Poiit,ical activity

on tsbe patE of ttlrE. Bo=enan in this county?

A. l,lo.

e, Are you aware of any Poiitical cetrPaigns

Chet tlrs. Bozeaan has ever been invoived in in

t,h!E countY?

A. llo.

O. !.lrs. Pairr os a forner lceuber gi the

Board of, Educatlonr ate you faralliar uith tbe

Alabana Tenured Seacber Law?

Q. I'Iirat is your undersianding of tbe gtoundB

upon which a tenured leacher can be susl)ended or

disnis6ed?

A. InsubordinaEionr convj.cted of a f,elonyr

that I s all t,hat I can t,hink of,.

O. Conviction of a f,elony is stated aB a

grounds for dissisEal in ihat law?

Sooe of tlrera I EEl.

I believe-- I think thatrs rigbt.

Convict,lon of eny f,eiony?

A.

Q.

A. If I can Eecall right I believe our Code

J ust, says f elony r but I could lre pisteken about



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l.lrs, BoceBan lras aHare of that hear:.ng oE when

that hearing nas?

A. L l'.now tbat we did see a letter tbat the

superinEencient hsrl written to !1rs. Bozeman maP.ing

her avare of a hearingr but i an not sure at uhat

t ine tiris lrEls r but I do know there lras a hear ing

set up encl she did not co&e to tbe heari'D$o

o.

appeal at

A.

Do you ltnow t,he staEuE of t'lrs. Boseman I e

the tlsre t,hat bearing was held?

llor DSrBt[.

GI. Hrs. Palr r 88 a f orner Board nenber of,

the Pickens County Board of Educationr would you

con6ider evidence of a felony conviceion that had

been overt,urned by a higher court to be ProPer

evidense of an act of inaoralitY?

A. Weif r in try judgnent if it, r,as overturned

that, is saying tbat, they are not guiit,y '
o. So J?our ansver is llor that:'s not, good

evidence of an act of imnoralitY?

A. Ygg.

rlS. FBALEY: ttro &ore gueetions.

l.iP., IreIlD I trhanli you llancY.



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ITI fEE UIIITED STAtrES DISTRICI COURS POR THE

}TOREtsER}I DISTRICT OF ALABAIIA

I.'ESTERN DIVISION

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IIIAGGIE S. BOZEIIANT

PIJAI}ITIPP I

vs.

PICKEIIS COUN?Y BOABD OF
EDUCAfION r

CIVIL ACTIOII NUI{BER

cv-8 7 -9-2251-l'I

DEPENDAI|T.

S'FIPU'.A,FTON

IT IS STIPUL,ATED AND AGREED, bY and

beEween the part,ies througb tbeir resPective

couns€lr thai the deposition of JERR.Y PtrRFAtl Bay

be taken before Micbele E. ilonesr Comnissioner and

ilotary Publ ic r State of Alabama at L,ar ge r at the

Pickens County Courthouser Carrolltonr Aiabanar oll

the 29th day of l.larch r 1988 '
IT IS FURTIIER STIPULATED At{D AGREED ThAt

the signature to and the reading of the deposition

by the witness is r.raived r Che deposition to have

l\lu. !.'? E,'
Jat=: '

l-, r't- s: E ::

-i'-rj.,.:.i l.'1

'.C:.1i ./i-

tt !'':'



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serve in tha'. caPac itY as well .

O. Sort of a renaissance emPloyee?

A. TIre suPer intendenE said " f lunk ie' is the

term he used t,o deseribe rt€ r shatever r wherever I

need to fiII.

Q. Eow long have You had this job?

A. Three Years.

O. llhat ltas Your job before this?

A. Superlntendent of Educationr Pickens

CountY,

Q. Bow long lrere you Super intendent of

Educat ion?

A.

Q.

Pour Years.

Is !{infieid in Pickens CountY?

A. llo.

Q. uinfield is in what countY?

A, llarion and the city systenr two different

count ie s .

Q. llhat, years were you Superintendeni of

Piclcens CountY?

11. JulY 1981 through June of 1985.

Q. llhat did You do before this tine?

A. I taught nat,h and physics at Pickens



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A. White. '

Q. Did you have any oPPosition in 1984?

A. Yesr I did.

Q. I{ho vras that?

A. RalPh Srai th.

O. Is he black or white?

A. glhite.

O. tlas that Your onIY opPosition?

A. Yes.

Q. Do you knowr Mr. Parhanr wheEher or not

there has ever been a black superintendent of,

Education in this county?

A. To tay knotrleclge there has not been t of

cours€r I haventt st,udied the histollr juqt in rry

lifetiae.

O. Have you Lived in this county ruost of

your I ife?

A. AI1 of IilY lifer just 40 Years'

Q. Cou1d You describe for us Your

responsibilities as Superintendent of Education?

A. The administrat,ion of t,he schoo] systen.

Q. tlere you a vot,ing nenber of the School

Board?23



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superinLendent. '

Q. Do you have anY or did You have any

authority as suPerintendent to suspend or

disc ipl ine or terninate a teacher on your ovrn?

A. I would like Eo nake t,his statementr if

any situation came uP I woulo refer to the fitle

16 Code of Alabana and follow tbis and adirere to

it specificaily aa we did in tbe four years. I

would siate an opinion at this point because I

havenIt researched itr but I think the

superintenclent can renove from tbe class=oon under

certain circunstances pending an opinion by the

Boardr but that would be-- again io give a

specific answer I would researcb tbis or cali Ehe

Boercl altorney and alIou hirr to do such and would

definiteLy confer with him.

Q. During the four years you served as

superintendentr do you reca1l how nany teachers

rrere suspended or terminated?

A. l.Io r I do no! renenber tire exact, nunber I I

P.notv there vras nOre than Otr€ r Iilore than l{rS.

Bozenan.

Q. Do You recall their naiees?



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A. I vras t,rying to remember one teacher that

didn t t shov, uP f or t ork that vre had a hear ing

relative t,o her r but I do not Eeaenber her naEle.

O. Do you recall any other reasons a teacher

was susPended or terrainated?

A. Ehat nas the one I was reuenbering. She

f ailed to shot uP f or her duties. I t{ould have to

confer with the attorney before I rrould anEwer any

speciflcE about sone other case that cane uP'

O. I{ithout rrent ion ing DEIB€s r can you j ust

recall the circunstances under which a teacher was

EusPended or terninated?

A. I would still have to confer witb the

at,to rney

Q. Is that a refusal to answer?

A.l{orljustwanttotalktohininprivat'e

f i r st r you know lrhat I aia talk ing about Ray r the

gentleBan that resigned and a resignation reas

acc epied?

I,lR. VIARDz l.eitg go off the record'

(Off--.-he-record discuEsion' )

A. I have toLd you there l'as one otlrel cES€ r

a lady that, I clon' t renenber her nane r whea a23



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Q. Do you remember l'lrs.'Bozeman ever

speaking at Board meetings?

A. Yes.

O. Do you recall what she sPoke about?

A. I don r',- remember the particulars. lfhen

she caLled t,o be placed on the agenda she was

pJ.aced on the agenda and the reason I renember

thisr it said 'issues' and it waE oPenr 80 I donrt

renenbeE that night what, she sPoke aboutr but

'issues' rras the tern she used to be placed on the

agenda.

O. issues?

A. Yes.

O. But you donr! recall what tbese'issues

were?

A. DIo .

O. Do you recaii only one circumstance where

she call.ed you1 office and asked to be pJ'aced on

t,he agenda?

A. She called lDore than once and vas always

placed on ihe agendar I donrt renember how many

tines I it slastt t t a lot af ter I vras super inLendent '

O. tiorv many people usually aitend Board



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Q. Did you t,estify before the grand jury?

A. No.

Q. Did you testifY at her trial?

A' No.

O. Do you know anYbody wbo did?

A. I have no idea wlro tbe witnesses w€r€.

O. Did you at,tend any Part of thats trial?

A. llo '
Q. Are you aware of the ouEcone of Mrs.

Bozenants appeal of that conviction?

A. Whai I read in the PaPer and saw on the

national r€WSr I thinl'. it was on [Vr nay have been

the loca} channel r but I an alrare of it tbrouglt

the nedia.

O. And what is that?

A. First of ali she uas Pardoned by Governor

Janes and l.ater her conviction was overturned by--

if try meaory serves ne corr€ctr by a federai judge

and this vrtss r g'osh I I don't renenber the date on

that, but I was stili super intendenc at the t,ine.

Q. Did botir of t,hese things occur when you

were superint,endent?

A. Ygs.



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Q. l{irile you were

Educationr do You recall

yourself or t,he Board in

eBploytrent as a teacher?

A.

O.

A.

Supe rintenclent of

any acEion taken by

regards to ltr s. Bozernan I

Ac tion?

Yes ?

Nor there was no actionr I did one thingr

I vill go oi and voluni:eer this. I t as contacged

by two dif f erent attorneys as suPerint,endent I I aD

not sure the f irst one r Sol'onon Seay I think

called me over tbe telephone and I vofuntarily

told hin of the case and $rhatever and refeired

hinr of, COUts€ r to Ray gfard as our Board attorney

to contact him and it was dropped. Be never called

ne bacl< or never Said another word to me and then

AEA-- I go-,- a call from their at,t,orney and I

thinli-- tbe attorney waa Jack Drake that calied. I

know I ]at,er taiked to,fack Drake and again I

ref erred hin to l{r. Ward and that rras the only

contact that I had as suPerintendent in any

offici.al or unofficiai or any kind of caPacityr

and if you call thaL an action I it had nothing t'o

do with the Board. i am 6ure I told then at some



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poin&l, and tine that I had bee'n contacted rrrait,ing

f or anything else t,hat, night, devel op and nothing

ever did.

Q. Did t,hey call requesting infornation

about the status of l'1rs. Bozenan t s j ob?

A. Ygs.

A. And what was her st,atus at the tine tbey

contact,ed you ?

A. Her status was that sbe bad been a

tenured teacher that had-- ee beld a hearing and

had disnissed and she was not eroployed by tbe

Pickens County Board of Education at the tine.

O. lf,iren did theY contact You?

A. I don't renemberr it was after the

hearing sometimes.

O. So there rras action taken t'lhiLe you were

super int,endent r a hear ing waS held concerning l'!rs.

Bozenan?

A. I was the suPerintendent that reconmendeo

disnissal.

Q. And uben was that, hearing?

A. Sonet,ime aft,er the first of the year in

1982. I ryent in of f ice I JuJ.y I, 19S1 and l,lr. l'Iard23



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bloug}L t,o ny atlention at sonc polet and tiire ire

brought tite iiies and rte haci dlscussetl h:.s

ea;rioy:lent a:i the Boarci atEorney and I don I t

reaenber <latsesr but cirronologicai:y He tallied

abouE bis serv:.ng as tbe Board attorney and iL was

decide<l thai this uould be nost, aPprop:iate

because he was bandJ':'ng all tbe Board I s !.egai

cases wiratever tbey lreEe at, Ehe tiue ' He broug[t

Co ny attention tsbat ber second ]eave of, absence

bad Eun out and by lau I believe tbaE you are oniy

alloued to grant E,wo ieaveo of, absence and at Ehat,

pcint we discusseC uirat options lrere avaiiabie

legatly, I! I again sener.rber co=rectJ.y tbe oniy

option was since sire couidntt re<3ucst a tirj.rd

feave of absence legaily tbat ue uould 3et tire

bea;ing and go througi: i,ire orlgina-l' disnissal

proeeedings thai, had been sEartcd prior t<; my

superlntendency. At t:)ag polnt ancl t,ine't,e d:'d go

tirrouglr witir it,r Eio I t,h:nir rE, uas aiter iho ii,rst

of; Lbe yesE bciore the lrear ing uas boid.

8. Arter t,he firsL of, the year in 1903?

A. llesr afteu JanuEry tire f!rct of 1982r

sone Eir:e iilie thatr buI our discu$slons as far a$



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n?

bringang nc uP i:c ciaie a5 far aIi tllc 5t,ai'us of't,he

siluation rra6 pr:or to tbat and at r'ba! tine Lire

docuiienLs lrese Ieft, on fiie. Ygu can see Lire da=e

tbc Le'tter was wrlt,t,en €1.1d i aa Eure I carried lU

to t,he Boarr3 and sinply inEorned tben o'i E,nc

f act-- t'lr. ?Iard I believe uaii presen'i:,-- a5ouL the

ieave of, alrsence bad run out and trba!, options uete

available and I got au tiro r ization to PrePate f or a

hearing to deteraine ber status.

O. tlere you auare of the status of l'1r8.

Bozesan's appeaj. or convletion at tbat t'irae?

A. Iea r at tbat llne she lrad eshaust,ed her

apireal up through the onited Stateo Suprene Couri'

ai t,ba: t:.rie.

O. Do you knov vltet,hor the;e rrore any oLher

acbions pendi:rg conceini$g ber appeaJ.?

A. llor I d,idnrt th:.n!r you could go an!'

f urther Lhan the Suprene Court r ocviousiy -LaEer

she f ounrl another avenue o.:l appeai t'bat i lrasn r'l

ar.rare e:crotedr I tirougilt, Lire Suprone Ccuri iras Il:

Q. Did you presicc at the heacing thau uas

hcl.<i conccrning her staius as a teaclrer?

A. I presented the f acLs and inr'or[iaEion.



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O. And ethaL fac',:s were Presented?

A. Ehe docunents are avaiLable to 1lou r I an

sure you have a copy of then. I haven I t read t,hera

s ince 19 82 so I don t t want,-- I know sone of the

things that have lreen meniioned here today by some

of the Board menbers. I know we talited about the

conviction obviously was Part of itr the faiLure

to slgn in tras one itenr iesson plansr if my

nenory serves rne correct, r and prof essionaL

developrnent which is a continuing education units

as required by t,he school system at that, time

rvhile she tas enployed..fhose are t,he things that

I rerrember.

O. i{irat is your understandi.ng r sir r of 'Ehe

grounds for suspension or disaissai as out'lined btr

the Alabarna Tenured Teacher Law?

A. Thele is one phrase thai i alwa1's

reruenber r " just causen is the last part r srlt " just

causen vhicir it does defrne sone of those just

causes to be insubo;dinatjonr innoralityr

inconpetencer and I have been trying to rack my

brain to see if conviction of a feiony is part of

i" or not r it, seens thai it nay be r but at leas'E I



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A.

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TUSCALOOSA. ALABAMA 354OI

(2O5 | 758-4006

clo knorv t,hat anytbing-- and I'aia sure if you wiii

read the Last sentence of the letter to llrs.

Bozenanr just cause would be part of it,. That is

where tbe Board wouid have to decide whether it

vras just or not.

o.

A.

o,.

I'Ias t{rs. Bozeuan present at t,his hearing?

notlce of the hearing?

A. She signed fot a registered Letter as

certif,ied.

She did not attend.

Do you know whether or not she had actual

Iilere you superintendent in 1984?

Yes.
€

o. I.Iere you avare of any circunstances where

l,!rE. Bozenan reguested her j ob back at that, tine?

A. I.trs. Bozenan r I don I t renember ta1P. ing t'o

tlr s . Bozenan at all .

Q. Did you t,alli t,o anYbodY?

A. I have already described the two lawyers

I talked to t,hat called me and gave ne the

infornat,ion, they asked relative to ihe case and I

referred them to !lr. Ilard.

o. So that is when tirey ca]led in 19 84?



TUSCALOOSA COURT REPORTING
600 LURLEEN B, WALLACE BLVC S

COURTHOUSE PLAZA. SUITE 2AO
TUSCALOOSA. ALABAMA 354O I

(2O5,758-aOO5

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A. Yes r that is rshaE I .$as ref erring to

asked af ter the deveJ.oproenL and that t s why I

wanted to t,ei i You about that.

O. Did they inforn you at that tine of

status of Mrs. Bozemanrs conviction tbaL had

overturned?

. You

the

been

A. AE f ar as inf orning tll€ r I was avrare of it

as f ar as r eacl ing it in the paper I but I don I t

renember tben saying 'I an inforning you of this'.

I assuloe t,hat t,his is what, they vrele in reference

to and again that is vrhy I would refer back to the

disnissal bearing and look at, ail the factsr tha'c

was just one elenent of it.

8. Did the Board hol.d any tyPe of bear ing or

g ive l{rs. Bozeaan any oPPortunity to come bef ore

the Boarcl as an eneity in regard to irer new

sia!usr the overturning of her conviction?

trhai: is a lrard question. She had tireA.

r ight to ask to be on t,ile agenda. As f ar as tue

sett:.ng a hearing or anything, no w31rr she could

have cone and nade a request before the Board to

do that but, she did noi: r you know. 1egal f ees are

expens ive.



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVD S

couRTHousE PLAZA. SUTTE 28O
TUSCALOOSA. ALABAMA 3540 I

t2O5 r 758-4006

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O. I dontt 'chink I understand Your

statenent.

A. tlaybe f sirou ldn t t have aade it r bu t in

the posit,ion of suPerintendent you have to weigh

the inforxrat,ion and facts that you have before you

and it uas tny clecision tba! tbis gras just t Lf she

lras go ing to Pu r sue th is she needed to do it r not

me doing it for her.

O. So it was ]'our opinion as suPerintendent

that no type of hearing vras necessary f or l'lrs.

Bozeman at that time?

A. Not unless she reguested it and I did not

have a requestr so trhy trould I have requested one

for her-- do you unserstand shat I an saying--

o.

A.

Q.

A.

Did she reques-. her job back?

l'1rs. Bozeman did notr no.

Did he:: attorneys?

I donrt renenber rvhat he said. I didn't

receive any kind of ]etter requesEing an]tthing

tirai I catr reca11.

Q. Is rt your opinion, t'lr. Parhanr that

evidence of a conviction of any criminal offense

is proper evidence before t,he Board of innorallty?



TUSCALOOSA COURT REPOBTING
600 LURLEEN B, WALLACE BLVO. S

COURTHOUSE PLAZA, SUITE 28O
TUSCALOOSA, ALABAMA 3540I

t2O5t 758'4OO5

IN TEE UNITED STATES DISTRICB COURE FOR THE

NORTBERN DISTRICT OF ALABAI'IA

I,,ESTER}I DIVISION

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I'IAGGIE S. BOZEMAIIT

PLAII'If IFF I

vs.

PICKEIIS COUIITY BOARD OB
EDUCABIOII r

DEPENDANT.

CIVIT ACTION I{UI.TBER

cv-87 -e-2251-9t

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fL
.CTTDUT,A' TON

IT IS STIPULABED AND AGREED, bY and

between the Parties through thelr resPect,ive

CoUDS€1r t,hat the depositiOn of BOvn E:nGF:I',ORTII nay

be taken before t{icheLe E. Jonesr Comnissioner and

Notary Publ ic I Suate of Alabanra at Large r at the

Fickens County Courthouser CarrolLtonr Alabanar oll

the 29th day of, titarchr 1988.

IT IS FURTHER STIPUI,ATED A}ID AGREED ThAt

the signature to and the reading of the deposition

by the witness is waivedr the deposition to have

, ,!. ..

! fr.- J.



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A.

O.

County Board of Education?

L976 to 1982r November'

t976 to 1982?

Right r ltrovenber to llovenber.

If,as lhat one te rn?

One termr six Years.

Do you r€call r Dlr. Edgeworthr wbether or

you were oPPosed in that election?

A.

o.

A.

8,.

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o.

not

A.

Q.

A.

Q.

A.

Qr

A.

O.

TUSCALOOSA COURT REPORT]NG
600 LURLEEN B, WALLACE BLVD, S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

r2O5r 758-4006

Slenber of tbe Board 'of Education.

And hthen rrere you a menber of the Pickens

I tgas.

And who did you run against in l.976?

Ken Dyerr Paul Drake.

?le r e e i tber of those candidates bl'ack ?

No r that is in tire Pr iIBarY !1otr.

$Ihat, alrout in the generaL election?

Unopposed in the general election.

Ilhat about in 1982 r did You run f or

re-election?

A. I did not run for re-election.

Q. I{hii.e you uere a Denber of the Pickens

county Board of Educationr l'1r. Edgcvolth I do you

recail horY often the Board met?



ILJSCAI-OOSA Ct-,,urr i rrEPuxTlNG
600 LURLEEN B, WALLACE BLVO- S

COURTHOUSE PLAZA. SUITE 28O
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becomes tenured after three years.

O, And you understood l'lrs. Bozenan to be a

tenured teacher?

A. SIre If BS .

Q. Are you alrare of any disc iplinary act ion

that has ever been taken against ltlrs. Bozernan?

A. BY who-- tlo.

8,. The principal.r sllp€rintendentr School

Boar d?

A. The School Board never taken ED1lr there

Day have been Eorne documentation which that would

be on f,iie.

Q. But you are not aware yourself of any

disc iplinary action against, l{rs. Bozeman?

A. DIo r not of f hand r tou are talk ing about

prior to the trial--

O. Yes r gir?

A. Ol< aY.

O. Prior to the trial in 1979?

A. OkaY.

O. Did lilrs. Bozenan ever atEend Board

meet,ings?

A. She didr alwaYs.



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVD, S

COURTHOUSE PLAZA, SUITE 28O
TUSCALOOSA. ALABAMA 3540I

(2O5 r 758'4006

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@. She attended every Board xneet:'ng?

A. f donrt remenber her not being there.

Q. Did l'lrs. Bozeman 6Peak at these Board

neetings?

A. If she wae on the agenda she did and then

at t ines she would be r if she r eguested tben t,he

Board would l,et her.

O. At tines you r ecall t'lrs ' Bozenan be ing on

tbe Boardrs agenda?

A. I au sure she $tas on it.

6. Do you recall those circumstances?

A. llor I dontt recall it.

Q. Do you recalL what !lrs. Bozemap spoke

about at, Board nreetings?

A. Nor I donr E.

O. t'Iot any sub j ect?

A. Ilo r I don t t recall r that is years ago '

Q. Are you alrare of any poJ.it,ical canpaigtrs

that !.1r s . Bozenan was invoived in?

A. PersonaL camPaigns--

Q. Poliiical canPaigns?

A. I mean an individual Personal campaign

for--23



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVD, S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

(2O5 I 758'4OOG

Any political caiilPaign?

Or just a party--
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Q.

A.

O. Candiqate?

A. Dior I donrt.

GI. Are You avrate of

act,ivities on tlre Part of

county?

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Q.

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any otber Polit,ical
l,1rs. Eozeman in t,his

A. llothing other tban the charges tbey hao

on her.

O. Are you aware of any Political or civic

organizations tbet t.trs. Bozeman was a aember of or

is a trember of?

A. I assune she lras a Bember of NAACP r I

don I t knosr I never saw anyt,hing sPecif ically on

i.t.

Q. Did you know whether or not l'lrs. Bozenan

uras active in that organization?

A. Nor I donrt.

Q. Do you knorl rlhether or'not she held any

offices?
To my knowledger I donrt know.

Are you a nember of the IIAACP?

I,1e ?



TUSCALOOSA COUBT HEPORTING
600 LURLEEN B, WALLACE BLVD, S

COURTHOUSE PLAZA, SUITE 28O
TTJSCALOOSA. ALABAMA 3540 I

(2o5r 758'4006

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O. Are Ygu a nember?

A. Ilo.

Q. I{hy not, 1.1r. Edgeworth?

I,tR. IfARD: i wj.II object and you donrt

have to anslrer.

A. I aa not gonna answer.

O. Are you auare of any of l'lrs. Bozemanrs

public political stands in this cornmunity or any

political statements that sbe bas ever made in

this comnunitY?

A, DIot offhandr I donrt recaLL any.

O. Are you auare of eny act,iv ity by {:he

IIAACP in tiris communit,y?

A. Ohr I ari sure theY are a.ctive.

O. Do you knorv of, anY?

A. Riglrt of f I don t t knolr ot anybody r I

dontt know any of the officials, I am not

af f il iat,ed with Lhai.

O. Do you agree witir tire pol itical stands of

t,he NAACP in t,his connunity or with their

act ivit,Y?

A.

o.

I don't know tuhat tileir acLivity is.

Just that You knor'r?



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVO, S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

t2O5,758'4OO5

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A. I j ust knotr it is an orEanization and I

an sure lt is here.

Q. But you are not aware of any of their

act ivities?

A. Dlo.

O. I'Ier e you auare of rrhen or how lllis .

Boaeuan uas charged witir t,he crime in this county?

A. No r I ara not at ar e.

Q, Did you know she vras charged with a

c r iloe?

A. Sure r w€ kners she was charged.

O. Did you knor'r she hras convicted of a

c r iDe?

A. She rras conv i.cieci of a c r i.rse .

Q. Do You recalL irhen thai rras?

A. No, the date I couldnlt teLi You.

O. Do you knorv what she $ras conv icted of ?

A. All I know is voting fraud.

8. Do you know the underlylng basis of Ehat

cirarg e?

A. tlo r I am not f amil iar with it.

Q. You rlon t t know any of tlre c i rcumstances?

A. ltro .



TUSCALOOSA COURT REPORTING
600 LURLEEN B, WALLACE BLVD S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

(2O5r 758-4006

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Q. Did you ever testlfy' before Ehe grano

jury concerning any sort of voter fraud in this
county?

A. ltro.

O. Eave you ever given any staEements to an

investigator or police officer or the District

Att,orney I s of,f ice concerning any voter

registration or voter fraud in this county?

A, No.

O. Do you know any witnesses who testified
either for or against i{rs. Bozeman in lrer triai?
A.

o.

t,rial?

I.Io .

Ifere you present during any part of that'

A. llo.

O. In 1979 r i,lr. Edgeworthr when i{rs. Bozenan

vas convictedr 8r€ you aware of any activity or

acLions tal<en on t,he part of t,he Board of

Educat,ion j.n regar<i to her scat,us as a teacher?

A. Just on t,he convi.ction.

Q. At the time of her conviction in 1979

which would have been apProxirnagely the first part

of. ilovenber?



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVD S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

t2O5 r 758-4006

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A. of 1979. '

O. Yes r sir?

A. Let tue 5€€r offband I donrt recaiir I ain

sure if you have it.

Q. You donrt resall as a trenber of the Board

taking any action concerning l'1rs. Bozenanrg si,atus

as a teacher?

A. 9fe did butr let, me see wbat I want to say

oonr she lIoS r I believe she was of f,ered a hearing I

not oniy on the conviction charge Dol{r it was on

the docunentat,ion about, aIi of it, r it' was in one

thing.

Q. Do you recall whether or not the was

suspended at t,hat tine?

A. In--

Q. lloveirber 1979?

A. I believe she gave us a let,ter of

resignat,ion or asP.ed for a leave of absence, she

asked for a leave of absence.

Q. Do you recal'I anYthing about a

susPens ion?

A. t{o r l{e di.dn t t susPend l:er. We gave her a

yeal t s ]eave of absence pending the outcone of her



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aPPeal s .

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outc oae

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abseRC € r

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g r anted

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absence

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of her

tlne of

A.

Q.

aPPe a1

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8.

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you knorv r

appeal s I

a.

Bozeman I g

A.

TUSCALOOSA COURT HEPORTING
600 LURLEEN B WALLACE BLVO. S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALAtsAMA 3540 I

r2O5 r 758'4006

IIei.l.r trBS 1t a year or was it Pending the

of her aPPeai?

Ilellr 1r€ gave her one yearrs leave of

thatts ail we couLd grant at, Lhe time.

Do you recali wbether or not, she vas

any other leaves of, absence?

She was granted another year I s leave oi

a year later.

Do you knor'r or can you invoLve the status

appeal on ber criminal conviction at tbe

her second leave of absence-?

tfor i canrt.

Are you aware of the outcone of Lhe

of I{rs. Bozeroanr s crixBinai conviction?

At, that tine?

At any tine?

I^ieli r nt t,hat tir:re she Lost, her appeai I

and then since thcn she has fiied other

but, I an not, airare.

Are you aware of the status of l{i:s.

convict,ion at the Present t,ine?

IIou?



TUSCALOOSA COUHT REPORTING
600 LURLEEN B, WALLACE BLVO S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

(2O5 r 758'4006

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O. Yes r sir?

A.

o.

llo .

Do you know lrhether or nog she st'ilI

stands convicted of a cE iloe?

A. No.

O. Are you at are of any action on t'he Part

of a f ederal district, sourt ln regards to l{rs.

Bozenan I s conviction?

A. llo.

Q. Did you Participate in any hearing

regarding i,lrs. Bozemanrs siatus as a teacher in

the school sYsten?

A. I Probably didr but I canrt recall.

Q. Do you recail a hearing concerning her

st,atus as a teacher in L9g2?

A. I am sure the records wiLl opeak for

itselfr but I can't recall everytbingr just what

t,ianspireC.

O. Ifas 1982 the last year you served on the

Boac d?

A. I t, vras .

O. Do you lcnotr whetlter t'irs. Bozenan is

enployed at, the Present tine?



TUSCALOOSA COURT HEPORTING
600 LURLEEN B, WALLACE BLVD. S

COURTHOUSE PLAZA, SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

(2O5 | 758-4006

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A. !tro.

Q. As a former nember of the ScbooL BoardI

t{r. Edger'rorthr are you f aniliar wiEh the Alabana

ltenu r ed Teache r Law?

A. At thai tirae I was r Dow r I couldn t t go in

detail or anything.

O. Do you know uPon what grounds a teacher

can be susPended or terninated?

A. Inmoralityr there is several of tben

l isted in the Cocle on that r but f couldn I t t'ell

you but I know iunoralitY.

Q. Do you recali rvhether a teacber was ever

suspended or disciplinecl during your tenure on the

Board?

A. I cantt recallr I donrt, renernber it if it'

vf as.

O. You canrt recall taking any action on any

t,eacher r terninaiing anY teacher?

A. To nny knowledge, rlo.

O. l,lr. Edgeworthr do you consider Ehe

conviction of a felony to be gEounds in ana of

itself for t,ermination or suspension of a t'eacher?

A. It is Possibler 1r€sr it is Possible it



TUSCALOOSA COURT REPORTING
600 LURLEEN B. WALLACE 8LVO, S

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could ber but it depends oDr ,I say a Lot t ould

depend on the felony and there would be a 1ot of

circunsiances invoived.

Q.

A.

It would oepend on the conv:.ction?

The total convictionr Dor I wouldnr t say

whether that could be or not.

Q.

A.

Do you consider--

But there could be difterent grounds and

o.

A.

IVell r 6s you underBtand t'he t'erm?

Where it is morals or rrbaEnot and

thing s .

Q. you consider the conviction of any

felony to be evidence of an act of innora-iity?

A. Looks t,o me L ike it would bave to be r you

wouldnrt be convictedr and then again you have got

to desc:iire innoralitY--

certainiy if you are convicted you are not doing

rvhat you ar e suPPosed to do . You ar e noi: do ing

right, or you wouldnr t be charged to st,art v,ith.

O. Did you hold any elected oifice in this

county in 1984 l.lr. Eogeworth?

A. IIo.

Q,. In 1982 do you recail wirether I'lrs '



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TUSCALOOSA COURT REPORTING
600 LURLEEN B, WALLACE BLVD S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA. ALABAMA 3540 I

t2OSr 758.4006

Bozeman lras given any notice 'of any sort of

hearing concerning her status as a t,eacher?

A. Sire rras g iven a notice of a lrear ing r but

I don t t think ire ever beld that hear ing because we

got her Letter asking for a yearIs leave of

absence and we fulfilled her request.

O. So as far as you are aware there was

never a hear ing held concerning t.lrs . Boseman I s

status as a teaeber?

liben--

During your entire tenure as a menber of

the Board of Educatioa?

A. -I{ellr now later on af ter she was

sentenced I bel ieve it, vtBS r . tiren we haci the

hear ing.

O. Do you recall rlhat Year ?

A. IIo r I don I i recall r well r ii, nould have

had !o have been in 1982 because iE, was before I

went off the Board.

Q. That is youE understanding of when she

vras sentenced?

A. Yes r af ..-er she lras sentenced.

O. Did sire have any appeals pending at the



TUSCALOOSA COURT REPORTING
600 LURLEEN B WALLACE BLVD. S

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t ine that you are aware ot,?

A. IIot as I am alrare of .

A. I.tr. EdgeworEhr if a PersoR had been

convicted of a crine and then that conviction hao

been overturned by a higheE coultr do you stilL

consider that, to be evidence of, an act of

inroorality?

A. At the tiner 1z€sr if you was oPeraLing

nithin your ovrn roind and framework and thought it

trESr t€sr i uould consider it at tbat time.

61. I don I t tbink I understand your ERSW€I r

at what, tine?

A. AC ihe time she was convlcted or Person

or whai,evei.

Q. But if that conviction was overturned by

a highel coutt,r do you stil1 consider lhaE

conviction rvhich has been overturned to be

evidense of an act of innoralitY?

' 1.1R. IIARD: At trhat tine t f olloving the

overturning or at t,he time?

O. Irlhen it has been overturned?

A. You lrean folloling tbe overturning--

O. Yes.



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.)2

TUSCALOOSA COURT REPORTING
600 LURLEEN ts. WALLACE BLVD. S

COURTHOUSE PLAZA. SUITE 28O
TUSCALOOSA, ALABAMA 3540 I

t2O5r 758'4006

Is ihat, lritat You are ref err ing to r

following t,he overturning--

Q. Itr has gog to be f,ollowing it or you

vrouldn t t know about it--

A. I vrouid irave Eo g ive thai a Lot of

thoughi.

Q. Take Your tirae?

A. I certatniy-- I do bel ieve it woul.d be E,o

Itr€r rcy Personal opinion.

l{S. FRT1LEY: l{o nore guestions.

HR. I?ARD: I donrt have anYthing trore

for him, thank you.

PURBSER DEPOII9}IT SAISII I.TOT



'!:

-OCX I I?N 
'AYwALtIt Ottvgl. Jl.

rYroiD f luD
car:lox P^laoxa

:xNra raclLooi

Rrv, Or,lvPn, \ryARD & Prnsoxs
 TTORNEYS AT LAVJ

2O2O UNIVERSITY BOULEVARD

TUSC^I,Os.A' AI,^AA.I{A

SePtember 9, 1985

# 3s-
llAlL|NG AOOiESS

P. O lOX G5 ZIP l3ao2

TELEP}IONE
aRE^ COOE 205

!a5.556.

Ivlr. Jack Drake
DRAKE, KNOWLES & PIERCE
P.O. Box 85
Tuscaloosa, AL 35402

Re: Pickens County Board of Education -
Maggie Bozeman

Dear Jack:

As you requested' I would enclose a eopy of the

Decenber 15, iggi-i.tt"r that was sent to !4aggie Bozeman at
thetimethePickenscounty-Boardof.Educationdecidedto
re-schedule a hearing on tire proposed cancellation of her

contract. r .;;;;t iind in my tire l.copy of-any'notice of
*rs. Bozeman'=-irri"rtion to .6"i"st the Llncellation of her

contract. rh; i"iia dia pioct"a to hord 1. h:"t11?-?: th'
daLeandatt'hetimeso=p""iti.a,thereafter,unanimously
votingtocancelhercontract.Neit'herl,lrs.Bozemannorany
persorr on her behalf upp..i"a at the hearing. I also have

enclosed a copy of the retlei sent to },trs. Bozeman notifying
her of the ae-cision of the Board made that same day-

The Pickens County Board of Education was asked

by solom"n Seiy-to reinstate l4rs. Bozeman. This request was

presented to-tir.-io.rd and-tn. aoara did decline the request

forreinstatement.l.lr.seay-was-notifiedofthisandofmy
opinion that in" pickens coirniv Board of Educat'ion entended

Mrs. Bozeman ;ii ;i her righai'under the tenure law and to
due Process.

L,et me know if there is anything further we need

to discuss reagrding this matter'
very trulY Yours,

RAY, OLIVER, WARD & PARSONS

G% Lr*& /
nay 9i5rd

REWr/rd

cc: Pickens County Board of Education