Q Then I could ask for a particular one. Maybe you can tell me
what would be a representative project report.
A As a result of the work she did, she completed the project. She
made recommendations in a memo which she wrote. . . .
Q. You mentioned some kind of analysis concerning the
construction program. . . . What type of analysis was that?
A. She worked with the divisions in functions to determine what
the actual construction expenditures had been and what they were
projected to be. She then worked to determine whether they can be
broken into categories.
[T]he question was how were we doing on construction versus
what we had projected we were going to do at the beginning of the
year and what were the categories of expenditures, how much was
capital, how much was expense, and as I said, what were the
different categories. Were they growth-related projects? Were
they HS & E-related projects? Were they cost reduction projects,
repair and retain or sustain kind of projects?
What it is an analysis to understand where you're spending your
money and what the expenditures are consistent with what you said
they were going to be. Senior management uses this kind of
information to help determine what the capital budget should be.
Q. Did that project similarly result in a report from her?
A. No. She provided me the information . . . but it was not a
report as in a typed document. The data was provided to me, and I
had a discussion with the president of the corporation about
Q. Was it provided to you in written form?
Q. Well is there any document or documents that show the results
of this analysis?
Q. What would that be?
A. There was a presentation that was made to the board of
directors over which this was a portion of it.
Agard Deposition pp. 14, 15
Q. Now, at the time approximately that [Nocturne] came with your
unit, my understanding is that Lori Davlos transferred to another
A. She went to specialty chemicals division.
Q. That was also effective January 1, 1994?
A. Effective January, right.
Q. How does what he is going to do compare with what she was
A. He will do in the cash flow area. He will pick up the
responsibilities that she had*fn32 but he will do project work
which, based on his experience, background and education, she
would not have been able to do.
Q. So, tell me what types of special projects you have in mind?
A. He will be — the major thing he is doing right now is looking
at historical performance plans. He is working on developing
metrics and targets for both the corporation and then all the
individual businesses within the corporation, and you need a
fairly substantial quantitative as in math background in order to
be able to do this type of thing. You also need very strong,
well, analytical skills also, very strong computer skills.
Q. Are you saying that Lori didn't have the requisite
qualifications for that work?
A. Her job was much more of an analysis and reporting activity.