PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case

No. 10-011818-CZ

Paragraph 16 of Plaintiffs Complaint

Answer 1
Re paragraph 16, state facts supporting the allegation, Starting in or about June of 2010, Plaintiff began asking questions and complaining about certain practices of Defendant City of Detroit.: Practices of the City of Detroit which harmed residents were identified as early as September of 2009 when charges were filed against a Department of Health & Wellness Promotion (DHWP) Environmental Inspector by the FBI. The investigation and arrest prompted an audit by DHWP Childhood Lead Poisoning Prevention Program (CLPPP) funding agencies, the Centers for Disease Control (CDC) and Michigan Department of Community Health (MDCH). The audits found deficiencies in the DHWP referral processes by which homes of poisoned children are investigated by DHWP environmental inspectors and the Planning & Development department. The audit findings and subsequent corrective action plans required specific actions by the City of Detroit as a condition of continued funding. Specifically, cases which were being referred to the Buildings Safety & Engineering Department (BS&ED) and the Planning & Development Department (P&DD) were not being inspected and abated at acceptable rates. According to the audits and the Citys own data, Children, once poisoned, were returning to live in homes in which hazards had not been remediated or abated, leading to aggravation of their health conditions and in some cases hospitalization. Before my arrival, the City (i.e. Mayors Office) crafted a restructuring of the program components that moved authority from the Health Department to the Mayors Office. Consent to this restructuring was evidenced through numerous presentations and email communications among stakeholders as well as in my own hiring interview. Present and participating in my interview were DHWP (Calvin Trent, James Blessman, Bill Ridella), MDCH (Jane Nickert), Wayne County Prosecutors Office (Mary Morrow), and P&DD (Eric Johnson). My first duty as Program Director (Healthy Homes Czar) was to initiate responses to the corrective action plans within the restructured organization. As early as my first meeting with DHWP Directors Yvonne Anthony and Bill Ridella ( 12/21/09, 09:00) I noted that P&DD was already resisting compliance with the restructuring plan. The plan was continually reiterated to program stakeholders. The first large group meeting in which I participated was the Detroit Lead Partnership Meeting held at DHWP 01/21/10 in which Darchelle Strickland-Love presented it to those assembled including representatives from P&DD. I also presented this structure (including the reassignment of P&DD at the Kresge Foundation Networking Meeting at theWestin Book Cadillac Hotel on February 1-2, 2010. Director of P&DD Warren Palmer attended the meeting where I met him for the first time. The first report of abatement activity I received from P&DD came from Eric Johnson on or about January 29, 2010 covering the month of November (2009). Curiously, the report showed work from as far back as 2006. On February 12, I authored a formal request to P&DD requesting the dedicated reassignment of resources (people) to the CLPPP at DHWP. The letter was signed by DHWP Director Yvonne Anthony 1|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ and sent electronically to P&DD Director Warren Palmer by 02/16/10. On February 18th at a meeting of City Directors (Collaborating Directors Meeting), I presented the ratio of referrals to completed abatement projects by P&DD. As was frequently the case, P&DD declined to send any representative to attend the meeting. Part of our response to the corrective action plans from the CDC and MDCH, the CLPPP performed an audit of referrals to the Planning & Development Department for lead hazard abatement. The audit was performed by Paul Max, Janae Freeman and Aaron Rice under the direction of Kyle King. Emails (now in possession of the City) confirmed that the ratio of projects completed by Planning & Development to referrals by DHWP was extremely small (exact numbers were identified in the emails). Emails questioning the findings and requesting meetings to cooperatively address disparities were responded to by Jannie Warren with contempt and argumentative language. Darchelle Strickland-Love, Yvonne Anthony, Bill Ridella, Kyle King, Warren Palmer, Sue Carnell and a host of others were on copy of the these emails from Jannie. Many informal conversations in hallways and throughout the course of daily work took place to explain the need for these meetings and the need for resolution to the discrepancies. In written status reports I provided on a monthly basis to all stakeholders, I included references to the challenges in obtaining information and resolving discrepancies. In monthly meetings of the Detroit Lead Partnership which were held at DHWP Offices, Herman Kieffer, I also discussed this topic. The continued discussion of the issue and absence of P&DD representation from DLP meetings eventually lead to pressure from DLP members causing Eric Johnson and Aida Colon to appear at one of the meetings. In the meeting, Eric was called to account for the discrepancies, and he stated that P&DD prioritized all referrals from the DHWP that P&DD had exemplary report cards from HUD applauding their performance. The meeting was so uncomfortable for Eric and Aida that they refused (or were prohibited) to attend further meetings. Lyke Thompson later told me that he was admonished not to grille them so harshly in the future. Following this meeting, I asked Eric if he would provide me a list of all of the projects completed by P&DD under the HUD grant for lead poisoned children. He agreed, and two-three weeks later I received a spreadsheet from him listing 1,200 unique addresses for which work had been completed since 2002. The audit of referrals greatly differed from the results reported by Eric. To resolve the differences I asked Margaret Maggie Tufts, DHWP Epidemiologist, to provide a list of all addresses in the STELLAR database of children admitted to the program since 2002. The file Maggie produced contained over 5,000 unique addresses. I asked Lyke Thompson of the Wayne State Center for Urban Studies to assist with crossreferencing the two files. The number of the addresses matching in both files could be (though not conclusively) valid referrals from the Health Department which were actually completed through abatement by Planning and Development. Lyke assigned Ruth Waite to the task and her comparison found that 70 of the 1200 addresses in the P&DD file also existed in the DHWP file. April 23, 2010 Darchelle Strickland-Love and Sue Carnell were separated involuntarily from the Mayors Office. I was attending the National Association of Lead and Healthy Homes Grantees Conference in 2|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ New Orleans when I heard the news. I immediately drafted an email to incoming Group Executive, Kirk Lewis to express my concerns.

Answer 2
Re paragraph 16, Starting in or about June of 2010, Plaintiff began asking questions and complaining about certain practices of Defendant City of Detroit, identify all witnesses by name, address, title, date, location. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Interrogatory Reference.xls

WhistleBlowerFileList .xlsx

Response to Produce A
All emails between all parties listed in Answer 2 from 12/15/09 to 7/13/10; (City of Detroit, Custodian) Program Directors Monthly Status Reports (ppt files) from January June 2010; (City of Detroit, Custodian) Detroit Lead Partnership Meeting Minutes from December 2009 June 2010; (WSU Center for Urban Studies, Lyke Thompson, Custodian) All referral forms from DHWP to P&DD January 2002 June 2010; ( DHWP, Yvonne Anthony, City of Detroit, Custodian) All referral forms received by P&DD from DHWP January 2002 June 2010; (P&DD, Jannie Warren, City of Detroit, Custodian) November 2009 PDD Referral Report; (P&DD, Jannie Warren, City of Detroit, Custodian) February 2010 PDD Referral Report; (P&DD, Jannie Warren, City of Detroit, Custodian) 2002-2009 PDD Database Tracking File; (P&DD, Jannie Warren, City of Detroit, Custodian) P&DD Presentation, Mayors Office 07/09/10; (P&DD, Jannie Warren, City of Detroit, Custodian) DHWP STELLAR Database; (DHWP, Harolyn Tarr, City of Detroit, Custodian) CDC Detroit CLPPP Summary Report (CDC, Connie Brooks-Thomas, Custodian) CDC Corrective Action Plan (CDC, Connie Brooks-Thomas, Custodian) MDCH Plan of Correction Cover Letter; (MDCH, Jean Chabut, Custodian) MDCH Plan of Correction; (MDCH, Jean Chabut, Custodian) MDCH Recommendations (MDCH, Jean Chabut, Custodian) DHWP Response to CDC Corrective Action Plan; (DHWP, Yvonne Anthony, City of Detroit Custodian) DHWP Response to MDCH Cover Letter; (DHWP, Yvonne Anthony, City of Detroit Custodian) DHWP Response to MDCH Plan of Correction; (DHWP, Yvonne Anthony, City of Detroit Custodian) CDC Interim Progress Report; (DHWP, Yvonne Anthony, City of Detroit, Custodian) MPHI Kresge Program Report(s); (Dr. Tiffiani Onifade author, Kresge Foundation, Custodian) 3|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ Receipt of Referral Documents from DHWP by WCPO; (Wayne County Prosecutor, Mary DuFour Morrow, Custodian) Referral Documents from DHWP by WCPO; (Wayne County Prosecutor, Mary DuFour Morrow, Custodian) Notice of Award Letters from HUD to P&DD, 2002-2010; (P&DD, Jannie Warren, City of Detroit Custodian); Including Schedule of Articles, Statement of Work, Work Plan, Benchmark Standards, Lead Hazard Control Program Policy Guidance Issuances, Grantees Financial and Technical Proposal, Mutually Agreed and Negotiated Proposal Changes, Abstract of Grant Activities, OMB Circulars, Notice of Funding Availability (NOFA). Financial Status Reports (FSR), Quarterly and Final, for years 2002-2010 from P&DD to HUD; (P&DD Jannie Warren, City of Detroit, Custodian) Technical Reports Quarterly & Final, for years 2002-2010 from P&DD to HUD; (P&DD Jannie Warren, City of Detroit, Custodian) Quarterly Progress Reports (Jan 30, Apr 30, Jul 30, Oct 30) for years 2002-2010 from P&DD to HUD; (P&DD Jannie Warren, City of Detroit, Custodian) Quarterly Reports of Progress by P&DD to HUD 2002-2010; (P&DD, Jannie Warren City of Detroit, Custodian) Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Paragraph 17 of Plaintiffs Complaint

Answer 3
State facts supporting claims alleged in paragraph 17, On or about June 7th or 8th of 2010, Plaintiff stated his concerns with the Housing and Urban Development (HUD). At the Green and Healthy Homes Convening in Baltimore, MD, Kresge Foundation Project Manager Pamela Shaheen in response to my concerns about how HUD money was being spent set up a meeting at approximately 08:30 on the 2nd floor of the Annie E Cayce Foundation with HUD Director, Matt Ammon to discuss the intent of the HUD grant to confirm the purpose of the funds and to discuss ways to ensure compliance. Matt confirmed that the funds are intended to be used to repair (abate) homes of children identified by the DHWP as poisoned (ebll 10 g/DL). We discussed the possibility of an unscheduled audit as well as a formal audit of the Planning & Development Department programs

Answer 4
Re paragraph 17, list witnesses, name, address, title, date, location, substance and statements. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Response to Produce B:
This was a conversational meeting. No documents were used, although references to the conversations may be found in emails between these parties and those listed in Answer 2. Such emails would be in custodianship of the City of Detroit. 4|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Paragraph 18 of Plaintiffs Complaint

Answer 5
State facts support claims alleged in paragraph 18, In particular, Plaintiff was concerned about irregularities in presentations and statistics. Planning & Development (Eric Johnson, Maria Colon, Jannie Warren and Warren Palmer) continually represented the accomplishments of the grant program as green and successful. Program data as discovered through the CDC and MDCH audits showed that children were continually returning to environments in which no remediation had occurred and DHWP had no proof that referrals to P&DD were being seen through to completion. Rather, all parties including P&DD knew that the referrals were being neglected . P&DD claimed in writing and elsewhere that they were being given priority treatment, but there was no evidence to support the claim. There was evidence that they were spending the money and fixing some homes, however, there was no evidence that any of the homes were inhabited by poisoned children or children referred to them by the DHWP (as conditioned by HUD). Planning & Development (Eric Johnson) provided reports of their abetment activity and use of HUD funds. The quarterly reports showed that homes were being repaired, however, the addresses were not matching those of children in the DHWP case load and cases referred to them were not being reported as closed. Eric Johnson provided a spreadsheet listing all abatements which had been performed by Planning & Development since 2002. I obtained a list of all addresses of poisoned children from the Health Department (Epidemiologist, Maggie Tufts) for the same period (2002 to 2010). Logically, a significant number of the homes on the P&DD list, per terms of the HUD grant, should match addresses on the DHWP list. In fact, of the 1200 addresses on the PDD list, compared to over 5,000 addresses on the DHWP list, only 71 matched. Therefore, since 2002 millions of dollars granted by HUD intended to remediate lead hazards and make homes safe for poisoned children has been used for purposes other than intended and P&DD has been falsely reporting its compliance.

Answer 6
Re paragraph 18, list all witnesses to the allegations described, In particular, Plaintiff was concerned about irregularities in presentations and statistics. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls. Same as table listed in Response #2. There is no reference to FBI Agents in the complaint.

Response to Produce C
Same as those listed in Answer 2, Response to Produce A 5|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Paragraph 19 of Plaintiffs Complaint

Answer 7
Re paragraph 19, state the facts supporting the allegation, On or about June and July of 2010 Plaintiff began contacting Defendant City of Detroit supervisors concerning his findings and evaluations. In addition to the answer provided to Interrogatory #1, while attending the National Association of Lead and Healthy Homes Grantees Conference in New Orleans (4/27/10-4/30/10), I learned of the firing of Darchelle Strickland- Love and Sue Carnell and the intention of the new Group Executive, Kirk Lewis to move the lead program back into the health department, contradicting program commitments to the CDC and MDCH made by the Mayors Office in response to corrective actions. I immediately made phone calls and sent email to Kirk Lewis which were intercepted by Rochelle Collins. I tried to have meetings with Yvonne Anthony which were continually cancelled by her. Eventually had a meeting in her office with Yvonne Anthony, Kirk Lewis, Rochelle Collins, Kyle King, Jane Nickert, Bill Ridella, and Audrey Smith in which I told them what was happening they ignored it. Rochelle rolled her eyes, Anthony, Smith and Collins laughed aloud. I told Anthony later it was not professional. I continued to bring these concerns to the attention of City of Detroit Supervisors in status reports, meetings, and telephone calls culminating in a meeting with all of them July 9th in the Mayors Executive Conference Room when I presented to all of them together.

Answer 8
Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Response to Produce D
Subset of those listed in Response to Produce A. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Paragraph 20 of Plaintiffs Complaint

Answer 9
State the facts supporting allegations in paragraph 20, On or about July 8th or 9th of 2010, during Mayors Office meetings, Plaintiff expressed to Individual Defendant supervisors his opposition to what he believed was non-compliance with federal and funding requirements. I was told by Bill Ridella (Friday or Monday) that there would be a meeting in the Mayors Executive Conference Room (Weds or Thurs) to discuss the lead program. I was told the purpose of the meeting was for me to present my assessment and plans for the program. All directors and deputy directors 6|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ were present (P&DD, BSED, DHWP) in addition to the Mayors Office (Lewis & Collins). When I arrived, Rochelle Collins had not prepared the room for a presentation (projector, screen) as expected. No agenda was distributed. Kirk Lewis was not present when the meeting started. Yvonne Anthony assumed the host role and immediately asked Jannie Warren to present. Jannie presented several reports from HUD indicating excellent performance by P&DD, continued funding renewals/awards, and she represented the program as meeting and exceeding the intended use of funds by HUD. Rochelle Collins made printed copies of my presentation which were of poor contrast and difficult to read. Kirk Lewis arrived late, but he was there when I presented? I described the current structure of the program and indicated areas of concern including use of funds and reporting of results by P&DD. Dr. King and I were fired the following Tuesday.

Answer 10
List the witnesses to the allegations in paragraph 20 of Plaintiffs Complaint. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Response to Produce E
P&DD Presentation, Mayors Office 07/09/10; (P&DD, Jannie Warren, City of Detroit, Custodian) CLPPP Director Presentation, Mayors Office, 07/09/10; (DHWP, Yvonne Anthony, City of Detroit, Custodian) Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Paragraph 21 of Plaintiffs Complaint

Answer 11
State the facts supporting the allegations in paragraph 21, After the Plaintiff raised questions or complained, his treatment and his relations with the management of Defendant City of Detroit, including Individual Defendant supervisors, changed for the worse. Almost immediately upon raising the issue with Jannie Warren and Warren Palmer, I began receiving abusive emails which successfully marginalized me politically. Jannie Warrens prior relationship with Rochelle Collins provided her an ally and confidant in the Mayors office. They knew they would have to get rid of Darchelle and Sue before they could take the Lead Program away, and the best way to divert attention from their malfeasance was to have me removed. Jannie through emails, phone calls and alliances with Rochelle Collins put pressure on Yvonne Anthony and Bill Ridella who responded by agreeing to take the program back in-house from the Mayors office and getting rid of me and Kyle King. Before I brought the issue to light, I attended Directors meetings in the Mayors office with peer program directors (Yvonne Anthony, DHS Director, etc). As I continued to pursue my course to change the practices within Planning & Development, I was excluded (uninvited from meetings), my requests for 7|Page

PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ information were ignored, and I was demoted from reporting to the Mayor to first Yvonne Anthony (formerly my peer) to her subordinate, Deputy Director Bill Ridella. I was helpful to a citizen who complimented me to Charles Pughs office. Ms. Pugh (staffer) offered to arrange a presentation with the Council. My intention was to present the importance of their support in raising awareness of lead poisoning prevention. The meeting was cancelled surreptitiously because Kirk Lewis probably thought I was going to go to the Council to publically blow the whistle on Planning & Development.

Answer 12
List witnesses to the allegations in paragraph 21. Everyone associated with the program witnessed this in some for or other. I even had a lunch meeting with Dr. Theresa Holtrop (about 03/29/10) and several hallway discussions with Dr. James Blessman on the subject. All stakeholders were aware through meetings, emails, presentations, text messages and phone conversations that I was demoted from reporting to a Group Executive to a Director to a Deputy Director. Same list as in response 2. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Response to Produce F
Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Paragraph 22 of Plaintiffs Complaint

Answer 13
State facts associated with the allegations in paragraph 22, On July 13, 2010, Defendants terminated the Plaintiff. On Friday I was told by Bill Ridella there would be a meeting in the Mayors office on Tuesday (following the furlough day?). I asked Bill what the meeting was about and he said he did not know. I called Kirk Lewiss office to ask and was told by Rochelle Collins that the meeting would be to discuss Planning & Development. I learned from Dr. Kyle King that he had also been invited to a meeting at the same location 30 minutes after my scheduled meeting. When I arrived at the appointed time, Rochelle Collins showed to a room where Bill Ridella and the HR representative were seated. Bill informed me that the city decided to move in a different direction and my appointment was terminated as of that day (07/13/10). I was offered the option to resign or be fired. I explained that resigning meant that I was giving up on children and their families and admitting that our efforts to get the program back on track

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PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUEST TO PRODUCE Lead Czar Whistleblower Law Suit Case No. 10-011818-CZ were failing and irrevocable. Neither of these things was true, so I could not in good conscience resign voluntarily.

Answer 14
List the witnesses of the allegations in paragraph 22. Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

Response to Produce G
Refer to spreadsheet files, Interrogatory Reference.xls and WhistleBlowerFilelist.xls.

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