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Cundy-Harris v. State Department of Veterans' Affairs

12/3/1999

ld him I thought how I felt about the report was immaterial, but that I was aware it was filled with mistakes and inconsistencies." Cundy-Harris Deposition at 65. Among the specific errors shared with Karras were that the date of the report was wrong, that the report's portrayal of an event was in direct contradiction to the alleged witness' written statement, and that the report factually misstated what was contained in Cundy-Harris' 1994 recommendation memorandum to Bergeron. Karras replied that the report had been checked out - to which Cundy-Harris reiterated "that it still isn't correct." Deposition at 70. She then asserts Karras told her "{i}t doesn't matter" and this "led me to stop attempting to tell him of any errors I knew." Deposition at 70-71. When asked if Karras gave any indication to her that she was going to be fired, Cundy-Harris replied "No." Deposition at 67.


Karras acknowledges that Cundy-Harris made claims of inaccuracies at the meeting, but he asserts that even if the claims of inaccuracies were correct, it was not enough to change the outcome of the investigation. Karras argues that Cundy-Harris was more interested in claims of inaccuracies and how she was portrayed in the report than in the report's Conclusions of wrongdoing at Retsil. Following the meeting, Karras contacted John King, the newly appointed DVA Director, to let him know about the debriefing and that Cundy-Harris was upset by the report.


Cundy-Harris met with King the following day. It was their first meeting. According to Cundy-Harris, the meeting went as follows:


We went into {King's} conference room and I had my calendar and my pad, thinking he wanted an update and was going to give me some tasks. I sat at the head of the table. He sat in a side chair. It was an extremely stressful time. He had, as I said, been Director {for} 48 hours. We sat down and he closed the door and he said, 'How are you feeling?' And I became extremely upset for probably the only time I can remember in the 25 years of working, and I got teary and I was very, very upset. And I stood up and asked - closed my calendar and asked if we could reschedule the meeting, and he said, 'No. Sit down.'


He then asked me what needed to happen for me to get well. And I remember saying to him, 'I may be upset, but I'm well.' I said to him, 'I just don't get it. I don't understand why nobody is interested in the fact that I know there are errors in this report and no one seems to care.'


He asked again what I needed and I said, 'I need next week off.' My husband was having surgery anyway. And so he said that was fine. Deposition at 68-69.


When Cundy-Harris was asked if she had pointed out any specific errors with the report during the meeting with King, she replied, "Not that I recall. I remember saying to him, 'It's wrong from the date forward,' which was something I had very similarly said to Dennis {Karras} the day before, 'From the date forward I have numerous concerns of accuracy.'" Deposition at 69.


For his part, King recalled that Cundy-Harris was upset at the meeting and the two mutually agreed that she would take some time off. He acknowledged that Cundy-Harris may have made a comment about some inaccuracies in the report, but he stated that she did not mention any specific items. Further, King stated that "{a}s Director of DVA, I was not concerned so much about the details of the report. I was appointed to move the agency in a new direction and provide an opportunity to improve the work environment at the Retsil facility." Clerk's Papers at 85.


Upon Cundy-Harris' return to work, King arranged another meeting with her, which occurred on May 19, 1997. Their v

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