Colbert-Kean, Melodee - Testimony Transcript

Transcript of the Testimony of Melodee ColbertKean
Date: November 7, 2013 Volume: I Case: In Re: Joplin Critical Investigation
Printed On: November 13, 2013
Holliday Reporting Service, Inc. Phone: 417-358-4078 Fax: 417-451-1114 Email:daholliday@hotmail.com Internet:
Melodee Colbert-Kean
In Re:
Joplin Critical Investigation
Page 1
IN RE:
JOPLIN CRITICAL INVESTIGATION
SWORN STATEMENT OF
MELODEE COLBERT-KEAN
Taken on Thursday, November 7, 2013, from 9:00 a.m. to 9:45 a.m., at the law offices of Juddson H. McPherson, LLC, 626 S. Byers, in the City of Joplin, County of Jasper, State of Missouri, before SHARON K. ROGERS, C.C.R.650, a Certified Court Reporter and a Notary Public within and for the County of Jasper, and State of Missouri.
Holliday Reporting Service, Inc. 417-358-4078
In Re:
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APPEARANCES
MR. THOMAS E. LORAINE Loraine & Associates, LLC 4075 Osage Beach Pkwy., Suite 300 Osage Beach, MO 65065
tellaw@loraineandassociates.com
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S T I P U L A T I O N
IT IS HEREBY STIPULATED that this Sworn Statement may be taken by steno-mask type recording by SHARON K. ROGERS, a Certified Court Reporter, and afterwards reduced into typewriting. It is further stipulated that the signature of the witness is hereby waived, and that said Sworn Statement of said witness shall be of the same force and effect as though said witness had read and signed Sworn Statement. .
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Page 4 I N D E X Page/Line DIRECT EXAMINATION BY MR. LORAINE . . . 5-4
E X H I B I T S
Exhibit #A.
6-22
Advice of Rights
Note:
Exhibits in separate binder
(sic) - typed as spoken (ph.) - phonetic
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Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MELODEE COLBERT-KEAN Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. Mayor, my name is Tom Loraine and as you know we chatted just a little bit in the hall here. I'm here at your and other members of
the Council's request to try to solve three primary problems, that was what my contract called for, and any collateral issues that arise out of that. As we have been
conducting these interviews with Advice of Rights, basically you've read this document and I'm going to read it again because I said I will do that. It says, "I wish to advise
you that you are being questioned as part of an official investigation by the City of Joplin. You will be asked questions related
and specifically directed to the performance of your official duties of fitness for office. You are entitled to all the rights
and privileges guarantee by the laws of the Constitution of the State and the Constitution of the United States, including the right not to be compelled to incriminate
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Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. yourself. I further wish to advise you that
if you refuse to testify or to answer questions relating to the performance of your official duties, you will be subject to departmental charges," in this case it would probably be Council members, "which could result in your dismissal from your official duties. If you do answer these statements
may be used against you in relation to subsequent department charges, but not in any subsequent criminal proceedings." In other
words we can't make you talk and incriminate yourself so you need guaranteed immunity from that. But the only way a city can know what
a city knows is talk to its employees. Correct. And here we are. Okay. With that have you executed your signature on this document? Yes. And it's called Exhibit #A? Yes. All right. I'll witness that and we'll date
it today's date and we'll proceed, and thank
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Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. you, Mayor, for your cooperation. Thank you. I'm going to show you, and you know why I'm here, you know what my contract reads, I'm sure you've read that. Do you want me to read the three primary areas to refresh your recollection? Please. Number one, the conduct of Mayor Pro Tem Scearce involving leasing of a building to an individual later convicted of bookmaking. Specifically it is the desire of the City that Loraine request the file held by Federal Bureau of Investigation regarding Mr. Scearce's conduct and provide a report of the same to the Council. Number 2, the facts and
circumstances surrounding release of information related to Mr. Scearce's conduct including but not limited to the handwritten note referenced by Mr. Scearce in City Manager Rohr's handwriting. Number 3, the
fact and circumstances and ethical considerations surrounding the involvement of Council member Woolston with Charles Kuehn, Four State Homes, its subsidiaries, related
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Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. entities, and the City's master developer Wallace-Bajjali with respect to the purchase, sale, or leasing of real estate for the current or future development. Those are the
tasks that I'm specifically directed to, and more specifically anything that comes out of that that is unusual in regards to performances, officials of the City to perform or failure to perform their duties. In that respect, Mayor, I would like to show you the famous note, it's marked as Exhibit #1, and I can tell you that Attorney Head identified this as the handwriting of City Manager Rohr. Mr. Rohr identified it as his
handwriting and an enlargement of the note that he said was stolen from his desk, and I've had it identified by Mr. Scearce as an enlargement of the note that he received. To
that extent I can make those representations to you. #1. Here it is and it's marked Exhibit
For your information part of the record Mr. Rohr
will be the translation of this. has given it to me line by line. I don't know what that is. Yeah, I forget what he said.
It was an
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Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. A. Q. A. Q. A. Q. adjective, but in any case I've got the details. I see Carol Stark. Yes, Carol Stark. 8/12 is significant
because it's a date of a helpful and contributing to a continuing criminal matter and that's this Lovett, and of course we've got Carol Stark's name and we've got -Does that say limit like Facebook requests? You know, I don't know what it says. But I
do know what it says when I go back and read Rohr's transcript, which we don't have yet. All right. As you can see there's limited information that Mr. Scearce was given and limited information that Mr. Rohr, in fact, wrote. Yes. I don't think you've seen this before you came in today, did you? This is my very first time seeing this. This is as you know the basis for the big mystery and I assume you do not know how Mr. Scearce got it. Is that true? I do not
I don't know from him telling me. know.
I know what Becky Brill told me and
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Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. Q. A. Q. A. that's how I know. What did Becky tell you? On the day that they had her reception for leaving, her last day there, I was pulling her aside and thanking her and telling her how good of a job she'd done, and then she said, I know we've got so much going on, and she said I was the one, how she said it was, found the note, and I believe to my recollection she said she picked it up off the floor. It was going in the trash.
It was right in front of the johns? Correct. And that she took it and I guess And I didn't
gave it to Bill from there.
really follow-up, I just said I'm glad you did. And what she did the record will reflect that she gave it to Attorney Head. Head, yes. And Attorney Head looked at it, made a decision that he considered it was Rohr's testimony, according to Rohr's handwriting, and it involved Bill Scearce so he had knowledge about that so he gave Mr. Scearce, questioned him briefly about it. There is no
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Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. mystery obviously as to how it was stolen so part of my job is over. mystery there. There's no big
Now there has been some
discussion from Mr. Head that Brill wanted to remain anonymous. also? Yes. And why is that? There's a, whether it's perceived or not, an intimidation factor at City Hall with the City Manager and it kind of goes with you do what I want you to do. And I'm not saying face consequences, but it's implied. Have you felt that pressure yourself? Not as much because we are his boss, so to speak. He has nine bosses. But I have Is that your knowledge,
heard, not heard, it's been brought to me directly with conversation, however I didn't feel that I could address that without having someone stand up and say, yes, that's what's happening. And without that I didn't - you know, maybe that's my bad, but I didn't feel that I could bring that and say, okay, are you going to back this up, and so I have no doubt that it is happening and it has
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Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. A. Q. Q. A. Q. happened because it's been told to me. And this is employees of the City? This is employees of the City. Mayor, this investigation is under oath and the investigation is important for your City, as you know, and I want to stick with that topic a little bit because that topic has come up in my work and as you know I came here knowing nothing. Correct. So I would ask you if you can, if you feel comfortable at this point, knowing that there's going to be consequences for this reaction, but can you give me any of the specific names or events that this kind of discussions have been revealed to you? I can. I know one for sure because he's one
of our employees, also, and that's the City Attorney. -I think the word is threatened. Okay, I do know the word. Yes, yes. And He's been, I won't know the word
he's been threatened not so much as his job because we are over him, also, we have four employees and he's one of those that the
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Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Council is over, but he's been threatened with things personal that Brian wouldn't want out, just to be thrown out there. Certainly an intimidation issue. It has been. It has been.
Have you heard anyone else actually talk with you specifically of more underlings of Mark Rohr? Lynn Onstott has said -Who is that? Lynn Onstott, the PIO officer, she's on the second floor, also. How do you spell that last name? O-N-S-T-O-T-T, Onstott. Mayor, would she relate that information to me, do you think? She wouldn't want to. her in. Onstott. I guess if you swear
She's very truthful. O-N --
-- S-T-O-T-T. It's become enough of an issue in my previous discussions that I really think that we probably should do that, and I certainly, you know, I think that this person needs to be protected to some extent.
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Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. Q. A. Q. Q. A. A. Q. A. Yes. Anyone else? There's been some of his department heads. hesitate, and I'm not going to tell you that I don't want to, I'm going to tell the truth regardless, but putting their names out there. Well, yeah, I understand. But I tell you -I
Chris Cotten, Leslie Jones, well, Leslie Haase now. All right. I know those are the main ones that -Chris Cotten is the Parks Director? Correct. Are you aware, Mayor, that Chris Cotten received a criticism from Mr. Rohr on his record for, if you will, thinking out of the box and making contact with a ball club to come to the City? I was not aware of that. I know he has
mentioned to me about talking to a ball club, and actually we're having a meeting next Monday. Yes, we are. Yes, so I don't know why he would have been
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Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. A. Q. Q. criticized for that. That is his job. That's his job.
That is why he was hired.
That's what he told me. Correct. However, when he first did it he was told that Bajjali, all matters should go through Bajjali. Did you know that?
That's another issue there that we are - just recently, just recently I was even notified on the Wallace-Bajjali group giving him a Cease and Desist Order that has nothing to do with what their project or plans was, but I did not know that it was put on his record or anything like that. Well, he was criticized, according to him. And I'm going to ask to see that record. Good. I hope that it is not destroyed in any way, but he had to sign one of those criticisms and was put it in his record for going outside the box and making this contact without going through Bajjali. his statement. I believe it. I believe it. Now that's
Do you see how this is developing?
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Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Yes, I do. And I'm appreciative of the steps
you've taken even though it's came about from a different manner of you being here because these are things we can't get backed up with, we can't get the proofs, if you will. can. Right. I wanted to alert you of that because Now we
in the words of Mr. Cotten the difference is it's going to cost the City about 5 million dollars to get this ball club, this independent league ball club here. If it
goes through Wallace-Bajjali it's going to cost the City about 30 million dollars. you see, there seems to be by him getting criticized for saving the City money I think there is an issue that you as a Mayor should be aware of. Now I didn't know if you were So,
aware and I'm bringing this to your attention. I was not aware he had anything in his file related to his performance at all because he has done such a great job since he's been here. And we'll see if I can find that document, but I don't believe - Mr. Cotten was sworn
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Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. Q. A. Q. Q. A. A. Q. A. in. I don't believe he would lie.
Oh, no, I would very much say, yes, bring him in. He will tell you the truth.
I've already talked with him, but I think I want to see if I can get ahold of that record and see if it still exists because he had to sign the criticism. And it should. If he had to sign anything it
should be a part of his file. I would think so. So in any case I --
I've had numerous conversations with him about intimidation, threatening of a job, yeah. And these folks are going to be a little scared to talk to me about this. Yes, yes, as they have been even with myself because they're like I don't want to lose my job. Yes. And I'm just asking to know what you
did now. Right. So it may well be that we should talk to Lynn Onstott. Are you aware of any other people along those lines that I should talk with? Not directly, just from hearsay.
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Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. Q. Q. A. Q. Q. A. Q. A. Q. A. And that's okay if I can get the names. Jack Schaller, which was a former assistant engineer. He's not with the City anymore It was
just since this last month or two. part of one of the big shake-outs. Is he a City engineer?
Was he an engineer? He was
He was the assistant City engineer. right under David Hertzberg. Hertzberg is also gone? Well, he got demoted. him, too.
You need to talk to
He's a gentle person.
And he's an actual engineer? Yes, yes. Do you think Schaller, is he still available? A. Oh, yes.
Do you have a number, a phone number or anything for him? How would I get that?
He's with - I can get it for you. Would you provide that? Yes, I sure will. Yes, I sure will.
So you would recommend that I also talk with Hertzberg? Correct. I would actually recommend you talk She's my City
with Barbara Hogelin, too.
Clerk, well, she's the whole Council's City
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Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. Q. Clerk, but she gets - yeah, yeah, talk with her. All right. of? That would be all that comes to mind. Normally I ask questions and don't answer at these things, but I think it's important, I don't want you surprised by anything later, I think it's your job to be on top of everything so that's a tough job. Yeah, I know the least. Now is there anything in the nature, and this is a tough question for me to ask one of my bosses, is there anything in the nature of your business loan that can be controlled by Mr. Rohr? No, my business loan went through the Chamber. The loan I received was the Henry Anyone else that you can think
Burnett Scholarship Grant and that has nothing to do with City tied money at all. That's a privately funded organization that goes through Chamber. And the other one was
the Joplin Tomorrow Fund, and that is personal. It's a private funding. It has no
City money whatsoever.
And I made sure of
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Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. Q. A. A. Q. Q. that. And I have texts --
I absolutely knew you were telling me that, but I also knew that had to come up, and I want to clear all the air when I'm clearing it. I thank you. And Mr. Rohr would have no control over that in any way, shape, or form? No, he's not over - that I know of - unless him and Rob have - which I don't - but I have texts to where I specifically asked board members and Rob, which is the Chamber President, this cannot be any part of City money that comes through that we fund. And you have proof of that? And I have that, yes. Thank you, Mayor. easier. I know how some people work so I try to -Thank you very much. Yes, sir. Do you know, and I want to know, I've been told that Lane Roberts briefed you on Mr. Scearce. Can you tell me what Lane Roberts Yes.
You made my life a lot
actually told you?
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Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. That was a year and a half ago. Yeah. Not long after I became Mayor I was called into a meeting with him and Mark and it was to tell me about this investigation on Mr. Scearce. I can't remember if they said it
was ongoing or if they said it was done, I don't remember that, but they told me about gambling implications and I think that was I know that was gist, you know. And they
informed me that they had this meeting with the former Mayor Woolston and former Mayor Shaw, I guess Shaw first and then in that order, and I was like, well, is there anything that we need to be aware of, is there anything we need to put out there? at this time we're just giving you that information so you're aware, and that's what I was told. So that's not much information. I was told there was an FBI investigation. That's the same thing that's on that note. And let me say to you as Mayor that I have asked Lane Roberts and he has refused to detail anything more than that. Now he has No,
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Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. Q. A. great credibility as a police officer, however I think he probably historically has been a good police officer, I mean he has established that kind of credibility with me, but that can be, that alone tells me nothing. I mean the man is not indicted, he's not been indicted, and he's not going to be indicted. And I even asked about indicted. I said is
he in trouble, are they going to take him away, and they say no. So, I mean, what value - I mean we have had this discussion in the newspaper at nauseum and on the air. Yes. So my question remains under the Garrity I could take additional action against the Police Chief for failing to disclose and have told him those things, however I honor the fact that there's some kind of continuing investigation, it has nothing to do with Scearce. But I - I'm sorry. Go ahead, ma'am. I asked. I said so did the FBI, is it
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Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. Q. A. guilty? aware. So what was the purpose of that? I just listened and then when I was done I left. Well, one of the things I'm charged with is that very issue, and I wouldn't tell this to anybody else, but you're my Mayor. And I've No, no, we just want you to be
talked with a former FBI task force who worked for the City and he won't talk to me. He says there's nothing to say about that. I've talked with Lane Roberts and he won't tell me anything. I tried to talk with Carol Stark and she won't even meet with me. So my
conclusion on that is not much, you know. And all this probably wouldn't have even gotten out had I not relayed that meeting back to Mr. Scearce, but I felt like I should have. I would, too. I was like do you know, and he said what, 93 and I wasn't there, I was cleared of it, and I was like, okay, I'm just letting you know. Then he set up a meeting and he said, hey, I want to talk to you with Mark and Elaine,
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Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. Q. which he should have. Absolutely. And they didn't tell him anymore So my point I guess
than they've told us.
I'm telling you is I've dug into that and there is nothing there that I can get. Now
as far as the FBI report, I would guess that that report will never come because it has nothing to do with what we want. Correct. I believe that, also.
I just wanted to let you know where I'm headed. Okay. Should I mentioned I received a call
from Carol Stark on, let me find the date for you, but it was the day I went to Branson for an In-The-Mail conference. She called me
while I was there and she said they were going to be doing a story related to Bill and this investigation and she asked me - and I told Bill, also. I called him because I said is there any reason why Carol Stark is calling me, you know, and I even called my City Clerk. ambush me. I tried to get it so they don't And he said it's probably just So I
this story, you know, and I said okay.
called her back, I talked to her, and she
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Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. asked me, let me make sure I get it right, she said do you believe - let me recall, I'm sorry. I want to be sure I get it right. Do
you believe that Mr. Scearce's actions when we botched, is a good word, the attempting resignation for Mr. Rohr, she said do you believe that this when Bill came up is a retaliation. She asked me that, do you think
that he is trying to get back at Mr. Rohr, and I was like, I said no. I said, no, you'd And I said
have to ask Bill that, you know.
no so she knew that, but yes, she called me and asked me. Well, she won't talk to me so I'm going to discount her for awhile. this question. Now let me ask you
During the attempt at firing
this gentleman, Mr. Rohr, I'm told that you changed your opinion several times back and forth, back and forth? I changed it one time, yes. And you went from wanting to fire him to not firing him? Correct. Can you give me the reason, what it would have been, knowing some of the things that we
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Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. do know? I don't think you knew what I know
now, but -We had a closed session and that was all made public after because there was a vote taken, an informal vote but it was a vote so I turned it in to the City Attorney. And at
that time it was to ascensions, myself and Mr. Glaze, and four for firing and three against the firing. That's nine, I think. During
And that's how it ended that night.
the course of that night and the next day I don't know what - there was more information given to me, there was more back-up, if you will, that was presented to me, and that's when I changed my mind and that's when I said, oh, my gosh, okay, he needs to be fired. Called him into a meeting, myself and
Mr. Scearce, asked for his resignation, and of course he denied it. Fully expected that.
And we had conversation, extensive conversation of just different aspects and things of his performance and his behavior. And he says, well, I've never even been given direction of what to do. At the time while I
was sitting there I'm like, well, okay, we
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Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. need to be fair and have this stuff written out and so I said, okay, we'll rescind that resignation, and that was the extent of my which just like I said of the debacle and now where we are now and I fully accepted that. I fully accepted that. Yeah, because if
you've been in this business for over thirty years you pretty much know what you're supposed to do. Master manipulator. That's a good word.
That is a good word. Yeah.
Well, I wanted to just make sure that I could get to the bottom of everything I'm charged to do. Charles Kuehn is supposed to be Mr.
Woolston's business partner and of course associated with him in some endeavors? I don't know that officially, but that's what I've heard, yes. I asked him to come and testify and he refused. him. Okay. I don't have any jurisdiction over
He's not a City employee. Hum.
He said specifically do you want and I read him Number 3, the facts and circumstances at the consideration surrounding the involvement
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Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. A. Q. A. Q. A. of Council member Woolston with Charles Kuehn/Four State Homes, its subsidiaries and related entities and the City's master developer, Wallace-Bajjali with respect to the purchase, sale or leasing of real estate of current or future development. And he refused? For your information. Hum. One more.
Yes, ma'am. And it was back with Mr. Rohr. I was told, I
don't know - I was told that they would be happy to tell the circumstances what happened, but I was told that Mr. Rohr snatched an account away from a business here that refused to grant him preference, I guess, in getting his tires changed, and that the next day that account was handed over to someone else. Do you know that for a fact? I was told that. And I was told that this
person, which I'm not sure of their name, would testify to that. -Is that a Goodyear dealer? I don't know, I just
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Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. A. Q. A. Q. Yes. I am looking for his name, also. Okay. Jack Golden might have it. Anything else,
I will be talking to him.
Mayor, that we should chat about in this regard or in regard to any of the issues that we talked about? It was brought to a meeting by Mr. - he's not a resident of Joplin - Clifford Warert and Jarrod Hogan the other day, not even maybe a week ago, they wanted a meeting with me. first all I knew it was Jarrod Hogan. I At
didn't know it would be Clifford, also, until he got there. And they asked me on what I
should be as Mayor and leader, everybody throws that one out, -Yeah, when they want to. -- on Mr. Scearce, what the issue is and why are we wasting the City's money with this investigation when Mr. Scearce should just do the right thing. talking about? And I was like what are you What's your think of the
right thing, you know. Who is Jarrod Hogan? He's the director of Rebuild Joplin.
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Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Is that a City employee? He's not a City employee. And Clifford
Warert, he lives in Carl Junction, but he just retired from U.S. Bank. Bank President. Ooh. Yeah, came to me, and I want to be able to trust my City, how do you say it, my City leaders. He doesn't even live in Joplin, he Which I didn't know He was the U.S.
lives in Carl Junction.
at the time when I talked to him, but I called Mr. Scearce and I said I just had a meeting and this is, you know, what was said in it, and he was like are you serious? said he doesn't even live in Joplin, you know. But it just goes to show you the He
depths that are being taken to try and discredit him. Mr. Scearce has never been
anything but up front with me, whether good or bad, whether I like it or not he's told me things I needed to hear and probably some I didn't, but in my opinion, just a humble everyday laborer's opinion, the FBI did their investigation, they didn't come up with anything. I assume the FBI is still
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Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. Q. A. Q. Q. confident and knows what they're doing, I assume, and knows what they're doing and so, yeah, I can't -I think he was called because he was the landlord and I think that they wanted to know what he knew about it and I think it was informational only. it. I mean that's my take on
And to be honest with you I can't get
anybody to say anything to the contrary. Yeah, I agree. I suppose Lane Roberts, you know, it seems to be out of character, but I suppose he's just looking forward to retirement? Yes, he is. And he's presently got a boss that's over him? Correct. That would sum it up very well.
And so I wonder if the Police Department somehow can be out from under the City Manager's position in this? That's actually something that's coming up on our charter review committee, is bringing him out from under. Well, Mayor, they get all confused about what's legal and what isn't. A simple way to
In Re:
Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. A. A. Q. handle that from a lawyer's standpoint is just give them a contract. What could be
wrong with that for cause only and if he can't prove cause give him a severance pay package of six months and be done with it. It's the cost of doing business. That's very smart. Because when we had --
Fire Chiefs do that, not with cities, but with fire districts. They give them, here's
your contract, here's how we want it, and if we fire you for cause you don't get anything, and if we don't fire you for cause, we just fire you, we give you six months severance. Which is what we have on the City Manager and out employees, yeah, we have tools in place. So anyway you talked to your City Attorney about that on a going forward basis and it might be a solution. Well, and there was also because that brings in when the police were called to the manager's - and that -That was the home call? Yes, of a domestic disturbance. Have you heard the 911 on that? Yes, and she clearly said, she clearly said
In Re:
Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. Q. A. Q. A. Q. and then she clearly took it back. She said what for the record? She said he hit my mom, yeah. So now let me ask you this question. Has the
rest of the City Council heard that 911? No. I think they should. We had a closed session. We brought in,
which right or wrong we brought in Chief Roberts, and he relayed not the contents of the call, but he relayed the officers' reaction and what they did. Everybody, the
sum of everybody was okay with that and then that basically was the end of it. The call
never got - and then Mark was in there, also, and he said this is what happened. Mark told me under oath that it was him and his daughter issue. said. That's not at all what that tape says. That's what he told us, too. He said that, That's not what the tape
you know, they had been butting heads and she's a teenager. And she's a stepdaughter? Yes, she's a stepdaughter, but yeah, that's
In Re:
Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. A. Q. Q. A. Q. A. Q. -That's not what that tape says? No, it's not. Not at all.
I would suppose that part of this - I would propose to play that tape. And I understand
that the officers concluded, you know, no arrests were made and I understand what the reports say and I'll introduce the reports, but I think the tape needs to be played. It's a matter of credibility. And it's their boss. say? What are they going to
And from my understanding it's like --
A reason to have the Police Chief out from under. I agree with that. So think about a contract, Mayor. Okay. Not a problem.
Just a simple contract just like a City Manager. All right, is there anything else,
Mayor, that we should chat about in your opinion, you know, what I'm expected to do? Yeah, right. I appreciate this Clifford Warert and Hogan issues. Yeah, you probably won't get much, but it was
In Re:
Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. Q. -Well, more intimidation to you is what it is. A. I was just like, yeah. There's
Let me say something to you, Mayor.
80 million dollars that potentially can be made by this Wallace-Bajjali firm. lot of money. Correct. You are absolutely correct. We That is a
right now are in a predicament, that's a good word. Brian has other words for it. Because
a lot of what has been promised and what has been planned and written out and presented has not come to pass, is not going to come to pass, and has alternate themes that keep popping up. Are you aware how much you've paid them in the last year? I am not aware. the amount. I think you'd be amazed. numbers. I've already heard I would probably shudder at
I'll report that.
He made a lot of money and we haven't seen a lot of progress whatsoever. broker. But he's a
That's what brokers do.
Cost of business sometimes going forward is
In Re:
Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. A. Q. Q. A. Q. Q. A. paying the costs. I mentioned that to Brian. I said how much
come January to send him back to Dallas, and we had it scaled down, started at 5, then it got to 1 million so we'd be looking at a 3 million payoff basically. Sometimes you just -Yeah, a bad decision. A. Yeah. How did you get the How did you get there? I said enough.
How did you get Bajjali? Bajjali firm?
We did a - Mark did a send in your whatever those -Mark did it. Now I'm told, Mayor, do you
know who did the due diligence on the firm? I don't know. I was told, and I don't know this fully yet, but I was told the due diligence was done by Woolston. Okay, I don't know that, but if that is the case -I'll work towards finding that out. That would be interesting. I thank you for your time, Mayor. Thank you.
In Re:
Page 37 1 2 3 4 5 6 7 8 9 (SWORN STATEMENT CONCLUDED) A. Q. Q. And hopefully some of these issues will start clarifying. Thank you. I have every confidence.
Thank you for coming in to see me.
In Re:
Page 38 REPORTER'S CERTIFICATE STATE OF MISSOURI ss. COUNTY OF JASPER I, SHARON K. ROGERS, Certified Court Reporter in the State of Missouri, do certify that pursuant to the foregoing Stipulation the witness came before me on the 7th day of November, 2013, was duly sworn by me, and was examined. That examination was then taken by me by
steno-mask recording and afterwards transcribed; said Sworn Statement is subscribed by the witness as hereinbefore set out on the day in that behalf aforesaid and is herewith returned. I further certify that I am not counsel, attorney, or relative of either party, or clerk, or stenographer of either party or of the attorney of either party, or otherwise interested in the event of this suit.
_________________________ SHARON K. ROGERS, CCR-650

Colbert-Kean, Melodee - Testimony Transcript

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Transcript of the Testimony of Melodee ColbertKean

Date: November 7, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: November 13, 2013

Joplin Critical Investigation

JOPLIN CRITICAL INVESTIGATION

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Page 4 I N D E X Page/Line DIRECT EXAMINATION BY MR. LORAINE . . . 5-4

Exhibits in separate binder

(sic) - typed as spoken (ph.) - phonetic

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

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Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. yourself. I further wish to advise you that

it today's date and we'll proceed, and thank

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

For your information part of the record Mr. Rohr

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

I don't know from him telling me. know.

I know what Becky Brill told me and

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

gave it to Bill from there.

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Now there has been some

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

She's very truthful. O-N --

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

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That is why he was hired.

Do you see how this is developing?

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Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Yes, I do. And I'm appreciative of the steps

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Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. Q. A. Q. Q. A. A. Q. A. in. I don't believe he would lie.

should be a part of his file. I would think so. So in any case I --

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

Was he an engineer? He was

You need to talk to

He's a gentle person.

with Barbara Hogelin, too.

Clerk, well, she's the whole Council's City

Holliday Reporting Service, Inc. 417-358-4078

Joplin Critical Investigation

City money whatsoever.