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Transcript of the Testimony of Barbara Hogelin

Date: November 5, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: November 13, 2013

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Barbara Hogelin

In Re:

Joplin Critical Investigation

Page 1

IN RE:

JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

BARBARA HOGELIN

Taken on Tuesday, November 5, 2013, from 5:25 p.m. to 5:35 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.

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

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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Barbara Hogelin

In Re:

Joplin Critical Investigation

Page 3

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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Barbara Hogelin

In Re:

Joplin Critical Investigation

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. . . . Advice of Rights Exhibit #13 . . . . . . . 5-13

7-10

9/26/13 Budget session excerpt Exhibit #14 . . . . . . . 8-18

10/7/13 City Council meeting excerpt Exhibit #15 . . . . . . . 9-9

Council bill 2012 009 and 2012 111 Exhibit #16 . . . . . . . 10-12

Council bill 2012 015, Order 2012 130

Note:

Exhibits in separate binder

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

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Barbara Hogelin

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 A. Q. BARBARA HOGELIN Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. A. Q. Do you want me to call you Ms. Hogelin? You can call me Barbara. Barbara, my name is Tom. bit in the hall. We talked a little

I'm the guy that has been I'm sure So to that As I

asked to do some investigations. you're aware of the shenanigans.

I need to advise you of your rights.

understand it you've had opportunity to read Exhibit #A? Yes. I'm going to read it for you. Rights. "Advice of

I wish to advise you that you are

being questioned as part of an official investigation by the City of Joplin. 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 guaranteed by the law of the Constitution of the State and the Constitution of the United States, including You

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

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. the right not to be compelled to incriminate yourself. I further with 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, which could result in your dismissal from your official duties. you do answer, these statements may be used against you in relation to subsequent departmental charges, but not in any subsequent criminal proceedings. I have read If

and full understand the Advice of Right as it appears above. This information has also

been read to me prior to answering any questions." Do you understand Exhibit #A,

the Advice of Rights? Yes, I do. Barbara, would you please print your name above and then sign your signature? (Witness complies) The date is November 5th. All right, have

you done what I've asked you to do, print your name and sign your name and date it? Yes, I have. All right. And that's all on Exhibit #A,

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Barbara Hogelin

In Re:

Joplin Critical Investigation

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. A. Q. Q. A. A. Q. A. Q. isn't it? Yes. Barb, you have been asked to give me two excerpts from Council meetings and certify them as the excerpts, is that true? Yes, I have, and I have them with me. And these are the two. I'd ask you to mark

these the sequential number of exhibits. (Reporter marks exhibits) Q. (By Mr. Loraine) Barb, Exhibit #13 is now

marked and can you tell me what that is? It is the excerpt of the minutes from the budget work session from September 26th of 2013. And this is under your seal and this is certified to be accurate? Yes, sir. I understand there are some inaudible sections of some of this stuff that you couldn't get what is said off the tape, is that true? Yes, that is true. But you've done your best here and transcribed those excerpts? Yes, sir.

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

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. A. Q. A. Q. A. Q. A. Q. A. Q. Q. Now these are the sections that you understood to be relevant to what we requested? Yes. I also understand that you now are going to create me the entire meeting minutes in a separate document at some subsequent time just so we can't be accused of taking only excerpts that may or may not be inclusive of all the material? Okay. Do you understand what I said? Yes, sir. So if you will when you create them we'll just call it #13A and #14A, okay? Those will

be the rest of the transcript, okay? Okay. #13A and #14A so we can keep these. The #14

would be on October 7th and the #13 would be on September 26th. Yes, sir. And hopefully that doesn't have to be immediately. Thank you. That's any time in the near future. I'll be Is that fair enough?

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

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. A. Q. Q. A. Q. A. doing this for probably three months or something. Okay. What else have you brought me today? I was asked to bring you the Ordinance Number 2013-111 that is the Predevelopment Agreement between the City of Joplin and Wallace-Bajjali. Now we're going to mark that #15. see that #15? That is correct. That is the agreement that was negotiated between Wallace-Bajjali and the City? That is correct. And I guess the City Manager was involved in this and I guess the City Attorney, is that right? Yes, sir, it's signed. Okay. And this is accurate to the best of And you Who knows.

your knowledge and belief? Yes, sir. And it looks to be multiple pages and they're numbered, I guess. numbered? Are they sequentially

No, there's some other stuff.

I'll have the court reporter count these, but

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

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. A. Q. Q. Q. A. A. A. Q. what you've given me is the total and complete document? Yes, sir. And that's marked Exhibit #15. have you given me? Now I have Ordinance Number 2012-130 and it is the Land Assemblage disposition between the master developer, the Joplin Redevelopment Corporation and Wallace-Bajjali, and it was signed the 20th day of August 2012. How does #15 and #16 differ, please? That is the agreement with Wallace-Bajjali and this is the Land Assemblage Agreement. All right. Very fine. #16 would be the Land And that's the What else

Assemblage Agreement. complete one? Yes.

We'll have the court reporter number those pages and go from there. brought me? That's all I brought. Now I do have a request. Court reporter, we Is that all you

just talked about this in the last deposition. What was it that they were

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

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 A. Q. A. Q. A. A. Q. suggesting? We'll go off.

(Off record discussion held, back on record) Q. (By Mr. Loraine) There has been a series of

complaints about Wallace-Bajjali's actions after they were contracted. Any minutes that

reflect those discussions I would like to have a copy of. Okay. Now that probably will take you a little bit of time, but I don't need that immediately. If you can just assemble that. And that

would have a little more priority than the other two things we talked about. And these minutes, are these Council minutes? Q. Yes, they were Council minutes. And let me

ask you a question.

Are there any other

minutes kept by the Redevelopment Corporation that you're aware of? I'll have to go back and look. That would reflect any complaints? I don't know. I'd have to go back and look.

So those would be my requests of you for today, and you can get that to me any time you can get to it. Those have more priority

than #13A or #14A, okay?

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

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. Q. A. Q. Q. A. Q. A. Q. A. Okay. Sorry to give you all this work. No, that's okay. That's fine. One other

thing the City Attorney asked me to do was the board members clear back to 2011, the JRC board members. Yes. I'm getting those. I'm working on them.

Unless you have some information that I just need to look into, you know what my job is, you've seen the contract that I have? Yes. Or you read the paper what I'm supposed to be doing? I read the paper. That's basically what I'm supposed to be doing. Is there anybody else that I need to

talk to that is just a must? I can't think of anything. to ask this. But I just want

These are Council minutes of

complaints you said, a series of complaints and actions against Wallace-Bajjali, okay. Well, there may not be any actions, but there were complaints and the board probably discussed what those complaints were.

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (SWORN STATEMENT CONCLUDED) A. A. Q. A. Q. A. Q. Okay. And I'm going to let you go. much for coming in. Yes. Also, there's been some kind of a phone established somewhere for complaints, call-in complaints. No, I don't. I'll speak to the City Attorney about that. Thank you very much. All right. Very nice meeting you. Do you know anything about that? Thank you very

Holliday Reporting Service, Inc. 417-358-4078

Barbara Hogelin

In Re:

Joplin Critical Investigation

Page 14

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 5th 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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