Snippet of Part III of the Jennings' Deposition

A = Attorney Chase
Q = Cara Jennings

Q. Do you remember going into an executive session to discuss those lawsuits on December 3rd, 2008?

A. I'm sorry, I was reading this. Say your question again.

Q. Yeah, it's pretty interesting, I'll tell you that. Do you remember going into an executive session on December 3rd, 2008, to discuss the two lawsuits?

A. I don't remember it, but if it's in the public record, then that's the date. 

Q. Do you know what an executive session is?

A. Yes. 

Q. And that's under the Sunshine Law?

A. Yes.

Q. All right. And what it is is, is it fair to say, that the Sunshine Law means everything that the commission does has to be public, and it has all these rules, correct? You guys can't talk to each other outside of a meeting and that kind of thing?

A. Right.

Q. But the one time that you guys can talk to each other and your attorney is in an executive session when it's called to discuss settlement of pending lawsuits and the financing of lawsuits, is that fair?

A. Yes, and I think union negotiations.

Q. And that is completely outside of the Sunshine Law?

A. Yes.

Q. The union negotiations are exempt from the Sunshine Law.

A. Okay.

Q. The executive session is under the Sunshine Law, but it says that it's not made public until after the subject litigation is ended, correct?

A. Okay.

Q. Is that your understanding?

A. I don't know about that.

Q. That's all right. But you do remember going into this meeting with your attorneys or do you? I think you had said that you weren't sure, and that's why I need to try to help refresh your recollection as to this meeting so that we can talk about it, and that's why we're talking more about it. Do you remember on this ---

A This meeting? July 31st, 2010?

Q. This is actually December 3rd --

A. Oh, okay. That date?

Q. -- 2008.

A. I don't remember the dates of meetings because we had so many meetings when I was in public office, but I do remember going into an executive session around this issue. I vaguely remember that.

Q. Do you remember having a regular meeting of the commission on December 2nd, and the next day, going into a special session where the public was not allowed to listen and there being a court reporter there typing everything up, and then the next day, going into a special meeting to terminate the contract with Greater Bay? Do you remember that?

A. I don't.