Transcript of the Testimony of Jim West

Date: November 14, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: November 27, 2013

Holliday Reporting Service, Inc. Phone: 417-358-4078 Fax: 417-451-1114 Email:daholliday@hotmail.com Internet:

Jim West

In Re:

Joplin Critical Investigation

Page 1

IN RE:

JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

JIM WEST

Taken on Thursday, November 14, 2013, from 1:05 p.m. to 1:47 p.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.

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Jim West

In Re:

Joplin Critical Investigation

Page 2

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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Jim West

In Re:

Joplin Critical Investigation

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S T I P U L A T I O N

IT IS HEREBY STIPULATED AND AGREED 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.

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5-7

Advice of Rights

Note:

Exhibits in separate binder

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

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Jim West

In Re:

Joplin Critical Investigation

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 Q. A. A. Q. A. A. Q. A. Q. JIM WEST Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. Before we began, Mr. West, you and I chatted a little bit about this Advice of Rights form I have marked as Exhibit #A. that for me, sir? Yes. I'm just going to put it into our record, if you don't mind. Yes. Mr. West, as I understand it you've served on the City Council. Can you tell me what Did you execute

period of time you served? I was first elected in 1988 and I served from 1988 until 1992. '92. It doesn't sound like there were

sixteen years. Let me back up. I served from 1988 to 1994.

Now that's eight years, right? Okay. I lost my seat. I stepped down, that's what

happened. I lost, all right, so I came back and ran again so I got back on.

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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. Q. A. A. Q. Q. A. In '96? Yes, and I served '96 for four years into 2000, and I lost in 2000 and I came back and ran again in '06 and I won in 2006. I

stepped down in '10 to run for the Missouri House of Representatives. sixteen years. Okay. So you didn't lose the last time That should be

actually? No, I didn't lose, I stepped down to run for the Missouri House of Representatives. I take it that wasn't successful? No, that's separate because this is Jasper and opposing county and that's what happened so it didn't work out very well. One thing

about it they're a different crowd, filed it and I stayed with it. My wife ran for a house seat I think it was 2004 after eight years as Presiding Commissioner and she did not make it either, so it's a step up. It's a step up. And of course I mean every

time when we get to what we're going to do (inaudible) I was told you can be a Republic you can win, but, you know, I have a theory

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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. A. Q. Q. about that and my theory is I'm now going to sell my soul to the devil because he'll call the mark some day. I'm not going to get into that political thing, but I understand where you're at, let me say that. That's my theory. Mr. West, having established that you have had a lengthy period with the City Council you've come forward and asked to talk to me. Can you tell me a little bit what it is that initiated you come forward? Why did you think you had to approach me for the investigation? Before your investigation was going on in one of the areas that I was interested in was the area around Council member Mike Woolston, what I heard he did, so therefore I wanted to relate that on it, and then something about the City Manager that kind of sparked my attention. But in the case of Mr. Woolston,

he's the first person I wanted to address, which I know that on the Council he done real estate doings and he's out trying to get people to move into a building that he's trying to rent for his business partner. And

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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 he had went to a friend of mine's business on Range Line, Aaron's Rental Service, the owner, business manager there is Keen Cortez. Well, Mike goes into Mr. Cortez' office and says, hi, Keen, here's my business card and all, I've got a real estate company now and I want to know if you'd like to move your business into one of my buildings that I'm trying to lease up on South Main. At that

time Mr. Cortez says, no, we're happy where we are. Mike says, well, you know, we'll

make it good for you and try to do what we can to make it easier for you and your rent. So he said, no, thank you, but he left. I believe this is one of the same dealings up in the tornado district, that area got tore up, and I believe the contractor told him Keen owns this property. I think that's

probably what Mr. Woolston was trying to do was get people move into that building. I

would be 99 percent sure that's one of the ones that the deal is. So that went by. So

then about a week and a half later Woolston goes back out to Mr. Cortez' office and asks if he changed his mind. Of course Mr. Cortez

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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. Q. A. Q. A. Q. Q. A. says, no, I'm not changing my mind, we're still where we are and stuff. Well, okay, if

you do I think it might make things better for you there. And I thought that was a Mr. Cortez told me

little bit inappropriate.

about it and I thought that was something since this thing is going on about the real estate I thought that's something that needed to be addressed because it is what's happening on that issue there. what I wanted to relate that. Okay. Would he talk to me? I can talk So that's

Well, I tell you what I can do.

to Mr. Cortez and ask him and see what he's doing and see what he will say. Okay. I will be happy to do that. Would you mind? I'll do it today. I'll give you a little sheet of paper and a pen to make yourself a note, because there might be something else. But if you'd find out if he'd talk with me I'd appreciate it. That building is up on South Main. I'm sure

that's one of the ones that got destroyed 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. A. Q. Q. I think they're fixing up up there so I will talk to him and see what he'll say about speaking with you. I appreciate it if you would. Of course

these are being recorded and confidential. I'm not saying that at some point some of the conclusions aren't going to come out, though. I believe they will, you know, I believe they will. It speaks for itself. I mean this is certainly an area that's very fertile. It sure is. Because if you're a Council Yeah,

member, you're a Council member.

you're not there, but you're still a Council member and you still need to watch what you do. I was a Council member for sixteen I got slapped around several times.

years.

I realize you're a Council member still so you have to kind of watch what you do, what you say off and on that bench. still there. And you're

They still know who you are.

Former Mayor Mike Woolston, everybody knows who he is so he's still a Council member. thought this was just a little bit wrong to I

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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. Q. A. Q. Q. A. Q. A. I'd like to see that card. I will sure speak to him about that. If you can make a note. I will sure speak to him about that. He came A. Q. A. Q. be out there at this site that he's working on this process. So you believe this was some sort of attempt to influence Mr. Cortez to get him to move his business to one of Mr. Woolston's partner's buildings? Yes, he even give a business card to him. And that card remains - you saw that card? I know Mr. Cortez told me he had it. I think

it was a high rise, some kind of real estate.

back a second time he gave him a card again. Maybe you could get me one of them. We'll see what we can do about it. Okay. I'm pleased to have you come forward.

Now do you know Councilman Scearce? Yes, sir, I do. time. And you know he supposedly was involved in a gambling scheme or something, I've been told that he rented one of his outbuildings on a I've known Bill for a long

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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. Q. A. Q. A. A. Q. A. A. Q. different lot to somebody named Lovett. Uh-huh. I talked with Mr. Lovett and Lovett said he'd kind of talk to me and now he's not going to. I think he's a little afraid. I don't know

what he's afraid of, but his lawyer told him not to talk to me so I'm not going to get anything more from him on that so I'd like to just pursue that a little bit. Do you know

anything at all about any involvement that Mr. Scearce had actually with the gambling ring? I know nothing about it. Have you heard about it? I didn't hear about it until it surfaced again. You're talking about recently here? Yes, sir. That's been twenty years ago. I didn't hear it back then. No, I know where

his office was down on 15th Street where his employment service was, a friend of mine worked there, but I didn't know anything about that at all. And you didn't know this Lovett guy?

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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. A. Q. A. Q. A. No. You just can't help me on that issue? No, any of the parties involved in that issue. Do you as an ex-Councilman do you know of anything that you've read in the newspaper or anything that raises you to say that, hey, Mr. Scearce violated his ethics in some manner? No, what I read, what I heard about it I didn't hear anything to get him on I mean because I believe he was off the Council when this was going on. He never was on it at that time. At that time. back. Mr. Scearce is a long ways

When I was on the Council in '88 Mr.

Scearce was there. There's a little history about that. And him and I didn't get along

very well because I didn't vote for him for Mayor. This Mayor thing is the biggest

fiasco we have and our Mayor of Joplin, Melodee Colbert, is a very personal friend of mine. The present Mayor? Yes.

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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. Q. A. Delightful. We go to church together, we sing in the choir together. She's a nice lady.

She is a delightful woman. She just turned the door the wrong way and didn't say the right thing, and bless her heart, I grieve for her. I'll tell you about her and I've got a minute. 1996. Me. Melodee won in

Do you know who inspired her to do it? I'm her personal mentor. She will tell

you that. She said without Jim West I wouldn't be here now, and that's where she is. She did it, she stayed with it, she

worked with it, and that's where she is now to the point of being the Mayor. Yes, I knew I mean

some people and she deserved a shot.

I am the second black member of the City Council history of Joplin. black male since 1957. I am the second And

Since 1957.

Melodee comes along in 1996, she's three things. The first black female, the first

black Mayor Pro Tem, and the first black Mayor, period. sixteen years. seat. I served on the Council I never got to the second I didn't mind it

Never got there.

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Jim West

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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. because I knew where I was, but I knew where I was, timing was right, timing was right for her to get there, and that's where she is now. No higher person that I have respect

for and anybody that starts on her my back starts getting nervous about it. I want to tell you something, I've interviewed her and she's a delightful person. Highly educated, delightful. You'd love her So

Very educated nice person. people.

Back to Scearce for a second.

what happened was in 1988 the biggest thing out of Joplin, it's been awhile, the first thing you do the next night is elect the Mayor and you've got to make a decision which side of the table you're going to go on. Well, I didn't go for Mr. Scearce, I went for Dr. Clark. Dr. Clark was my mentor. That

building down at 3rd and Virginia, the Dr. Clark Justice Center, that's Dr. Clark's building. So Bill and I didn't get along well so he didn't like I didn't vote for him for Mayor so we had some problems back and forth and he didn't like it. He watched every move

I did, ever tying I did, so finally he lost

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Jim West

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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. Q. his seat because he popped off, said the wrong thing about the trash collection. He

told the people, well, you're just going to pay for trash one way or the other so in time he lost his seat. So then that was it. But

Bill and I never had a word, then got back on Council, he came back on Council, but other than that I don't know anything about that process. Let me direct you back a little bit to Mr. Woolston. Have you heard any other rumors

that you could give me leads onto improper conduct on Mr. Woolston's behalf? Well, what I heard - again we're talking -I understand that's hearsay. You may have already talked to the people. did hear somewhere along the line he went to someone and asked this person, not Mr. Cortez, to get into his building, and I guess the guy said, no, whatever, I don't want to talk to him, and he allegedly said, well, you know, maybe you shouldn't even be doing business in Joplin. hearsay. I heard that as a I

I wasn't there.

Could you tell me anybody that I could talk

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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. Q. A. A. Q. A. Q. A. Q. A. Q. to to try to follow that lead up? would be helpful. Have you talked to Mr. Golden? Who? Jack Golden? Yes. Nothing? No, he didn't say anything about that. Did talk to Dr. Rosenberg? I have. either. Then I don't know. I don't know because He didn't say anything about it Anybody

that's what I heard, but I'm telling you fact on this one here. don't know on that. Okay. Let me ask you this question. Did you That's the one I got, so I

ever hear about anything concerning Mr. Rohr and this Wallace-Bajjali firm? heard anything about that? I heard from street talk that maybe Mark was too close to Wallace, to David Wallace, and maybe there would be something going on, but it's just - nobody in the City, some people on the street said this that they thought Rohr and Bajjali was awful close, Have you

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Jim West

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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. Q. Wallace-Bajjali was awful close and maybe there was something wrong on there, but I have no substance or no facts that say that, but you hear those things on the street. Now, I know that he's awful close and the things that Wallace-Bajjali is doing are things that Rohr wanted to have done to the City. I know that. These are all things in

the same category. Okay. Have you heard anything about, can you

tell me if you know anybody that has experienced Mr. Rohr's methodology of dealing with people or his temper or any of those issues? Yes, I do know of two issues I want to relate to you. Again I was told this, and I don't

know if you've been told or not, but I heard that this year, the early part of the year, maybe Vicki or someone from the City Manager's office called out to Goodyear Tire and Mr. Rohr needed to get some tires changed on his car, his own personal car. Well, the

manager of Goodyear at that time told the lady whoever was talking said, well, I've got 12 people in line out here and I can't move

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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 them around to get Mr. Rohr's car in here, so that's a little conversation of no. she hung up. Well,

Well, the next 10 minutes, 15

minutes go by and I understand Mr. Rohr called out there and talked to this same manager and he said, yes, Mr. Rohr, I know someone called about that. Mark said, well, What

I need to get these tires on my car. can you do for me?

He said, I tell you what,

there's 20 people out here in front of you, if you want to come out here and ask them if they can move you in you come out here and do that. Other than that I can't help you. Next

thing I hear within two or three months time all of the City's tire business was moved from Goodyear to another tire company, Firestone. Now I heard this, factual or not

if it's true, but I heard somebody told me it was true. And the one person that told me it was true it was Bill Scearce told me it was true. Scearce told me it was true. And I

think that intimidation is part of Mr. Rohr's scheme of operating and I don't like that. I

don't like his scheme of operation and how he handles his way in the City. I've been off

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Jim West

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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. A. Q. the Council and I see a lot of stuff that he does that's inappropriate. Inappropriate.

Can you give me any other examples of his inappropriateness? Are you aware that I did an investigation on Mr. Rohr for assaulting his wife? I'd like to hear that. that. out? No, sir, I just did an investigation by myself. Okay. Tell me about that because I heard No, I did not hear

Were you the police officer that went

about it and I heard there was nothing to it. There was nothing to it because when the policeman got to the house, well, his wife recanted and said, he wasn't, we was just having an argument. But I did a Sunshine

request, all the reports I could get out of the Police Department and everything, but everything came to be that there was nothing showing no physical contact that he made with her, but I believe there was something there. I heard, again we're talking rumor, I heard the actual 911 tape that the daughter made to the police station said get out here right

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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 A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. away, he's beating up on my mother. heard the 911 tape. You heard it? Yes, sir. How did you hear that? Well, it was given to me. By whom? I'd rather not say. Okay. But I've got it somewhere. You've got the tape still? On flash drive. I've got the tape so I guess what I'd like to ask you about that is you're suggesting that the tape differs from the final conclusion in some way? That's what I'm suggesting, yes, sir. We had Now I

a lot of officers listen to the tape and I could hear what's going on, and then when you hear that, when you heard the tape, what I listened to when they kept calling back to the police officer and she's giving blow by blow description what's going on in the house and then the Sergeant Corporal he cuts in and she said, yes, this is the Rohr we're talking

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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 Q. A. Q. about. Well, the Corporal comes in and says Other

I'll be en route to that location.

police officer, somebody got involved, you want the truth, I was there, and something is going to go down. So the truth advisor

officer went there and they came out things were not right. I didn't like that. I

didn't like that at all. there.

There's something

I have my reports, I've got them all,

and I give them to the Mayor. Which Mayor? Mayor Colbert-Kean. So she received something like that from you? A. She called a meeting with the City Manager on Of course she told

the end of the session.

him where the information came from, which she probably shouldn't do that, it doesn't make a shit to me, she told him that I got it from Jim West, but they were all in there talking. He denied, denied, denied. Well,

Dr. Rosenberg said I'm not going to fire him for slapping his wife around, said do you slap your wife around, Dr. Rosenberg, and Patty said, he'd better not hit me. what Patty said. Exactly

But that's what happened

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Jim West

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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. Q. A. because I had heard a very good friend of mine - this case came to me from the Sheriff, a very good friend of mine, the Sheriff of another county, not this county, we worked with police officers together, he told me about it. I got the information. I even got

the case number how to find the damn case. That's how I got to it. I got a case number

and got into it and I don't think they understand how I got in there to it, but I found the case and did another Sunshine stuff, but you know, like you are, I don't want to get indicted here. You can't get indicted. Nobody is supposed to get those 911 tapes. They're supposed to be sacred as a cow, but I got it somehow and they didn't. one thing. But that's

I completed it, give it to them,

and of course he hasn't spoken to me and I really don't care because -Let me ask you a question. Having heard the

tape do you believe that it would be helpful to the investigation if that issue came up? I mean Mr. Rohr was at that time the City Manager and if it actually occurred do you

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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. believe that perhaps the Council members should listen to that 911 tape to further understand the rest of the facts? I think they should, but I still see a line drawn in the sand. to 4. You're going to have a 4

But the problem with having Mr. Rohr

didn't fired last time because the Mayor, she didn't do what she was going to do to fire the City Manager and it really turned to a complete chaos. They beat her up for five

days in the paper because she didn't stand at the time, say I'm going to do it now. She

came back and said I'll do it, but she didn't tell the rest of the Council she was going to do it. There was a 4-4 straw vote taken, 4

to fire him, 3 not to fire him, and the Mayor and Morris Glaze abstained. whole thing against the wall. That blew the We talked

about that and after that was over she said, well, so I came down here talking here Thursday where she knew she had the 4 votes to straw to get him so she decided to go do it. But she went in and he said I'm not

going to quit because you didn't tell me what I'm supposed to be doing and about threw her

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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 out of his office. The thing just blew up Let me tell This

from there, blew up from there.

you something else about Mr. Rohr.

varies here because we were on the same page and I found this out by my investigations. This happened in the City and I'm really disappointed in this as a police officer, stealing is stealing, I don't care how you paint the picture stealing is stealing, and what I'm getting at goes with the story. this truly happened and the records will reflect this. The Police Chief, Lane I was on And

Roberts, is a nice Police Chief.

board with him when we hired him and he did so well, but the police officers and fireman, they pay to the pension fund. They don't pay

social security, they pay the pension fund, so after their term of 20 years is up they get their pension, they get a monthly salary life until they die. That's how it works.

So in your check you get your checkstub, on your checkstub you'll see this and health insurance, you'll see pension, pension. Well, this is true. When Lane got on board

with the City the check came, his wife said

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Joplin Critical Investigation

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 Q. A. the money for your pension didn't come off your check this time. It's okay, probably a computer error or messed up. Okay. Two

weeks later I'm theorizing what happened and then I'll get to the end. I'm like a lawyer, They'll get

I'm setting the stage for it. it. Okay. Who is the one that's saying?

His wife is saying that money is still not taken out of your check. to it. Cut to the chase. Well, they'll get This went on for The Police

$33,000.00 they did not take out.

Chief did not - $33,115.00 of pension money that the Finance Department failed to get out of the Police Chief's money. Now after it's

all said and done the report came out and Mr. Rohr, he had to make this decision. didn't fire the Police Chief. when you're done with it. back, but that ain't right. He

Pay it back

And Lane paid it About the second

time my wife, my girlfriend, either one, come and telling me there's something missing I'm the Police Chief I'm going to call somebody. I'm not going to wait for $33,000.00 down the road and say, well, I'd better get to this

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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. thing. How many months would that have been roughly? A. About a year and a half, two years. What his

percentage is, yeah, they take it out of his salary. know. Whatever the Chief's salary was, you The record is there because that

information is in the notes, the pension notes is where it is. I think it's

$33,000.00, but at least probably a year or a year and a half because it depends on what Lane is making. Lane is still here so

therefore - and the money got paid back. He got it paid back somehow, but that's not right. That's selective in my opinion.

How would the Chief have known that it was an inappropriate amount? Well, the City paid by direct deposit so you get a direct deposit. My company pays direct

deposit now and you can look at the deductions and you see what's on there and you got to look on there and see the pension is not taken out. That's not very hard to

understand. There's a section on that thing for pension, so and so, so and so. If that

zero is showing there that don't take a

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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. A. Q. A. Q. A. Q. A. Q. A. rocket scientist to figure out something is wrong. It shouldn't have took no $33,000.00.

Who brought it to the Chief's attention? Somebody with the pension board caught it. For the City? Yeah, one of the pension board members caught it. Who would be the pension board? The pension board, the people there now, but the one - there's two pension board members that I know very personally and they were probably involved in that. One he just come

through a real nasty wedding with his daughter. Tom Robinson is one of my personal

firefighter friends, and Bob, Bob, Bob something, Bob Thomas, and they're pension board people and one of those two, they found it and reported it and it just hit the wall. And then they put it up Leslie responsible, but that Leslie that's her responsibility. Leslie who? Her name is Haase now, the Finance Director. That's her job. She didn't find that? Didn't find it for $33,000.00. Didn't find

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In Re:

Joplin Critical Investigation

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. $33,000.00. Now Melodee or anybody like me come out with $500.00 you'd be looking through bars. $1,000.00 you'd be looking I'm

through bars, you know what I'm saying? looking at the time. Don't worry about your time. I'm okay. Lane.

No, and that burnt the - I like The only

Lane is a good person.

problem me and Lane had, him and I had an argument over the tasers. His department has We had a

the most taser use in the City.

meeting with them, myself as a black man in the community, I'm a member of the AACP, I'm Vice President of the AACP, we have meetings with the Chief about once every three months. We was talking about this tasing so I was talking to the Chief and he had a couple of his officers there, Lamont Ratcliff that's retired and another officer. about these tasers. I said tell me

Well, Mr. West, we use

them to stop the men and slow them down if they're coming at you. I said how does it work? I said, okay, fine. They said, well, we

just point it at them, shoot them in the leg or back or something, it stops them and

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In Re:

Joplin Critical Investigation

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 A. Q. A. Q. A. Q. Q. A. brings them down and then they come up. do they do? hit them. What

They said two darts come out and I said, okay. He said we've got a I said

picture to show you what we did. let's see a picture of it.

Brought that

picture back and showed him laying down and the guy with two darts right in his heart. Hit him right in the chest. That's not his Two

leg, not his back, that's his chest. darts.

And they showed the pictures to me

and I said really? Do you have that picture? No, it's in the Department. somewhere. Might be gone now. Did that ever come out? No. Let me ask you this question. come out on this pension issue? get in the newspapers? I think they knew the story. You think they did? I think she's the Globe reporter, she covers the pension board meeting, and I think it did. In fact, Debbie is not a Mark Rohr fan. Did it ever Did it ever It's down there

She's very straight up about it.

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Joplin Critical Investigation

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. What about her editor? I don't know about Carol Stark. of Scearce's thing. That's part

Of course Debbie works

for Carol Stark, but Debbie has the rights you ask her about a story or something she needs to tell you or she may ask her editor can she tell you about the damn thing. story, it's in the paper. paper. The

It came in the That's what

I'm almost sure it did.

blew me away.

And that was one of the things

that I told Melodee when they brought Mark in to try to work him over about him showing special treatment to people I said tell him about the $33,000.00 that he had Lane pay back. No, the Police Chief is too close to The Police Chief wants to

the City Manager.

retire at the first of the year, needs to retire at the first of the year. to get out. close. He's awful close. Lane wants He's real

I'm telling you he's close because I

guarantee you when I was a police officer my Police Chief, of course then all reports are read and don't you not believe that. They

may report to Mark Rohr's house about a disturbance, Lane read that report. You know

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In Re:

Joplin Critical Investigation

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 he did. He knows all about that damn thing. He knows about that

Excuse my language. before.

I'm not stupid. I know for a fact

that happened so Lane knows so I think Lane is too close to him. $33,000.00. He's close to him, but

And that money a police officer

and working, the interest is lost off that money to pay my firemen. The interest lost

off of that money over a period of time, I know Lane has paid it back, but I bet he didn't pay it back with interest. We passed

in Joplin, Missouri, we have a public safety task. We passed that on Council. We have a

public safety task. I worked with the committee and Keen Cortez, my friend, he cherished me. What this tax is they said It's specific for what

it's a specific tax.

they said, policemen, it's a public safety task fun. No matter what need in police and We built

fire that's what that fund is for.

two fire stations already off of that fund. We brought a brand new $800,000.00 fire truck off that fund. We're going to build a 6

million dollar training center out by the airport.

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Joplin Critical Investigation

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. A. Q. Q. Q. A. Q. A. Who has control of that fund? It's in the finances. City? Yes, it's the City, and she can tell you exactly what's in there. We're getting ready It's finances.

to build a 5 million dollar training center out by the airport out of that fund because it's there. That's where the pension money would have come out of? Yes, sir. Yes, sir.

Do you know if the interest was paid back on that? No. Do you think it was? I doubt it. But you don't know? I don't know. I don't know. I don't know if

the interest was paid back on it or not. Do the Council members know about this matter with Mark forgiving that money? I don't know. Council. Who are they? Gary Shaw. He's got four saviors on that

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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 Q. A. Q. A. Q. A. He'll be in here in a minute. Who else?

Mike Woolston, Morris Glaze, and Mike Seibert. Yes. Is that four?

Who will he be running against?

Either Gary Shaw. He's also his pastor? Yeah, he's associate pastor at Central Church. We call him marshmallow man. He's

so puffy, he won't say - he'll tell you right now - he'll say that's a nice tie you've got on, it looks good, but you know, I wouldn't wear that tie today. personal. That's kind of Now in the

You'll see that.

general council, this is what is going on in general council, there's three general council seats open. Here they are. Mike That's

Woolston, Trisha Raney, Jack Golden. three general.

And two zone seats is Gary Now

Shaw, Zone 1, and Mike Seibert, Zone 4.

if it goes like they're talking about Jack Golden might run for Zone 4 Council against Mike. He don't like Mike Seibert. Now

Seibert off the Council. Then I will run for general council seat in that area where Trisha Raney, Mike Woolston going to be

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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. running and I'm sure the investigation is not going to be very good, I know Mike Woolston outcome in the election. be picked up Tuesday. petitions. -When is that election? April, the first Tuesday in April. The report will be out before then. Oh, yes. Now Shaw, Shaw and I, so Bill The petition will

Tuesday pick up Now on Shaw

And this is tight.

Scearce and Dr. Rosenberg don't think I can beat Shaw because he's got such a Christian big church and stuff and they like the grumpy old man. I told him I'd run against him two I'll

months ago, thought I'd scare him off. raise the money. You can see I'm a good

campaigner and people like me in this town. I'll raise $45,000.00. I'm a good candidate.

I told him that, but he - well, he said this in the paper and you being a lawyer and words mean something, when they did the story about Mike Seibert says I'm going to run for re-election, Gary Shaw says I plan on running all the words. running. Woolston says I'm planning on

Didn't say I'm going to run, did

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In Re:

Joplin Critical Investigation

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 A. Q. he? I'm planning on running. Now that's

what they said.

Now Shaw is Mark Rohr's

savior and the other five, the gang of five, I know who they are, it's Jack Golden, Bill Scearce, Dr. Rosenberg, Trisha Raney, and Melodee. When it gets tight in that room

that five are going to stand together and that's what happened. She didn't pull the string on Mark Rohr and fire his ass last month. That's when they got really bitter I talk to

with her and she knows it, too. her about that every day. Let's go off the record.

(Short break taken 1:42 to 1:43 p.m., back on record) Moving money, moving money, now we have quite a bit going on in the City and this is what happened, and I was told this by one of my engineers at City Hall named Dan Johnson. We're building two new fire stations after the storm. We've got one going at 13th and Anyway

Schifferdecker and one at 2930 Main.

the one at 13th and Schifferdecker is the one I'm talking about. Dan designed this so that

the sewer pipe would go around without -

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Jim West

In Re:

Joplin Critical Investigation

Page 37 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. trying to keep under the budget. keep under the budget. chase. We had to

All right, cut to the

Well, Mitch, the Fire Chief and Jack

Schaller, Dan said this sewer go around this direction, that way we can save us some money. Mitch said Mark wants that sewer to Dan

go right in front of the fire station.

said, well, if we do that it will cost us more money and we've got to stay in budget. Mitch said I'll talk to Mark about it. came back and said Mark said to put that sewer right in front of that fire station and he'll get the money someplace else to make the thing whole. So Mark went over to the Mitch

wastewater sewer fund, pulled out the extra money to make this sewer pipe right, but he never got Council permission to pull this money over into that fund. Never did it.

And his own engineer talked to me, Mr. West, he can't do that. That's illegal. did. (By Mr. Loraine) Dan Johnson. Would he say that if I asked him? He needs to come down and talk to you. Who is the engineer? But he

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Joplin Critical Investigation

Page 38 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. Q. A. Q. A. Q. A. Q. A. Q. A. Is he a City employee? Yes, sir. Still? Yes, sir. I can make him come in. Make him come in. Dan Johnson. He told me They like

I've got many friends in the City. me. They can't stand --

That's what he does? He designed the sewer pipe. pipe designer. Well, he did that to save money. He did. What's wrong with saving money? And you should have seen that big ass pipe they put in. What did it cost? I don't know. budget. Would that have been directed through Wallace-Bajjali? No. Not there? No, this is a fire station we're building to keep it on budget, so Dan had to - he went It cost more. It went over He's a sewer

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Joplin Critical Investigation

Page 39 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. back and did it and I saw that big ass pipe out there and I said, my god. West, he can't do that. did. Give me the address on that fire station. 13th and Schifferdecker. Schifferdecker? S-C-H-I-F-F-E-R-D-E-C-K-E-R. how to get there. I'll tell you 7th Street. Dan said, Mr.

And that's what Dan

It's simple.

Go out 7th Street, go all the way down 7th Street to 7th and Schifferdecker. When you The

get there you'll see the intersection.

Empire District and a golf course is here, okay? Turn left, go down five blocks, and It's on 13th

you'll run right into it.

Street, but 13th Schifferdecker intersects. It sets there on the northeast corner. a new station. It's

Go to 7th and Schifferdecker,

turn left, and go all the way down five blocks and you run right into it. brand new station. built. And Johnson told you that he transferred the money from what account? From wastewater sewer. We have a wastewater It's a

Brand new station being

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In Re:

Joplin Critical Investigation

Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (SWORN STATEMENT CONCLUDED) A. Q. Q. Q. A. sewer account that puts - Dan said he transferred the money from that to make it hold in the pipe out there and he never got Council permission. It didn't come to

Council because I told two Council members about it and they didn't know about it. Who are the two that you told? I told Jack Golden about it. Bill, but I'm not for sure. like Dan. I think I told Dan told me - I

Dan, he's worried about his job.

When I get to my office I'm going to call him and find out if he'll talk to you. Yeah, also call this, if you wouldn't mind, call this guy Dan and see if he'll talk. he doesn't get worried. Do you want me to call him first? Yes. That's all. So

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Jim West

In Re:

Joplin Critical Investigation

Page 41

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 14th 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

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