You are on page 1of 96

Possible Misconduct And Corruption In Shelby Township.

Count 1.
Lisa Manzellas company did an appraisal on property owned by one of her campaign
contributors that resulted in a loss of over 2600.00 per year in tax funds to Shelby Township.

Count 2. Page 19 of Macomb County Sheriff Crime Report Case Number 0900028101
01/15/2010
The township head of assessing contacted a company owned by Lisa Manzella to contract work
to be performed by Lisa Manzellas company that directly affects the tax rolls and taxes paid to
the township by a township property owner who is also a campaign contributor to Lisa
Manzellas election campaign.

Count 3.
Lisa Manzella has employees of the township acting as agents for her business by steering,
recommending and seeking work for her personally owned company while these people are
employed to represent the interest of the taxpayers, not Lisa Manzella.

Count 4.
The time line of the police report coincides with Jamie Barra accepting a bribe in exchange for
arranging a property appraisal by a company owned by Lisa Manzella for the briber (Mark
Kassab) and with Jamie Barra accepting a blank check from Mark Kassab to fill out and pay
Mark Kassabs new, lowered, property taxes before the required tax deadline. This is service to
a taxpayer, but the actions of Jamie Barra in conjunction with directly contacting Lisa Manzellas
personal company for the taxpayer, after admitting that cash had exchanged hands, then take
into account that Mark Kassab is a campaign donator of Lisa Manzellas election committee.
The bribe to Jamie Barra was because the lowered property tax assessment based on the
lowered appraisal by Lisa Manzellas company for Mark Kassab had cleared the tax review
hurdle (with Jamie Barras help). This would save Mark Kassab 2615.00 on his property taxes in
2009. Jamie Barra also stepped in to make sure Mark Kassabs taxes were paid on time. But
Jamie Barra, as a paid agent for Mark Kassab at the time was working against the interest of
the Shelby Township taxpayers.

Count 5.
Lisa Manzellas has enriched herself financially at the expense of Shelby Township taxpayers
when a company owned by Lisa Manzella accepts and performs compensated work that lowers
the level of funds collected for the township this lowering the level of services provided to the
taxpayers.

Count 6. Page 12 of November 10, 2009 Work Session Minutes (page 11 Mrs. Manzella
believe discipline for Mr. Barra is unwarranted)
When Jamie Barra was up for disciplinary action for accepting the bribe (gift), Lisa Manzella
refused to vote for any disciplinary action for Mr. Barra. I believe this action was because Mr.
Barra works as an agent for Lisa Manzellas appraisal business and steers work to her company
while being employed by Shelby Township.
NOTES FOR CASE OF CORRUPTION INVOLVING LISA MANZELLA, JAMIE BARRA AND MARK KASSAB.
1. At the November 10, 2009 disciplinary action meeting of the Shelby Township board, trustee Lisa
Manzella voted against disciplinary action for Jaime Barra, the acting Shelby Township head of
assessing, who had accepted a bribe.
(Exhibit B: Page 12)
2. At the November 10, 2009 disciplinary action meeting of the Shelby Township Board, Trustee Lisa
Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of the
assessing department, who accepted personal funds from a campaign contributor of Lisa Manzella*s
for lowering his tax liability to the county and township.
(Exhibit A -Page 19 fourth and fifth paragraphs) - (Exhibit B Page 12) (Exhibit C Page 4)
3. At the November 10, 2009 disciplinary action meeting of the Shelby Township Board, Trustee Lisa
Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of the
assessing department, who after accepting a bribe from a campaign contributor of Lisa Manzella,
steered work towards a company owned by Lisa Manzella that harmed all Shelby Township taxpayers.
(Exhibit B Page 12) (Exhibit C Page 4) (Exhibit A -Page 19 fourth and fifth paragraphs and Second
paragraph)
4. At the November 10, 2009 disciplinary action meeting of the Shelby Township Board, Trustee Lisa
Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of the
assessing department because of the business relationship they have where Jaime Barra provides
appraisal clients through his tax payer funded job, for the company owned by Lisa Manzella.
. (Exhibit B Page 12) - (Exhibit A -Page 19 Second paragraph).
5. At the November 10, 2009 disciplinary action meeting of the Shelby Township Board, Trustee Lisa
Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of the
assessing department, because they are partners in a scheme to bilk Shelby Township out of
thousands of dollars in tax revenue.
(Exhibit B Page 12) - (Exhibit A -Page 19 Second paragraph). (Exhibit D)
6. At the November 10, 2009 disciplinary action meeting of the Shelby Township Board, Trustee Lisa
Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of the
assessing department, to protect her own personal business interest.
(Exhibit B Page 12) - (Exhibit A -Page 19 Second paragraph also Pages 40 through 42).
7. Trustee Lisa Manzella used her elected position to benefit financially while causing a loss of revenue to
Shelby Township in the current election cycle.
(Exhibit A Page 40 through page 42) - (Exhibit D)
8. Trustee Lisa Manzella owns a company that did an appraisal for one of her campaign contributors
lowering that campaign contributor*s liability to the township in 2009 and beyond by over $2600.00 per
year.

(Exhibit A Page 40 through page 42) (Exhibit D) (Exhibit C Page 4)

9. For using Shelby Township resources and employees to enrich her personal business.

(Exhibit A Page 19 Paragraph 2, also Pages 40 through 42)



Exhibit A: Macomb County Sheriff Crime Report Case Number 0900028101 01/15/2010

Exhibit B: November 10 2009 Work Session Minutes of the Shelby Township Board
Exhibit C: Lisa Manzellas elections filings for 2008 election file 08/05/2008
Page 4 Contribution #1 Mark Kassab direct contribution to Lisa Manzellas re-election committee for fund
raiser.

Exhibit D: Using the state tax rate calculator I have figured roughly what this one possible act
of corruption may be costing Shelby Township, Macomb County and all others dependent on
property tax revenue.

https://treas-secure.state.mi.us/ptestimator/ptestimator.asp
452,693.00 Old SEV Value 2009 tax 13,012.00

362,500.00 New SEV Value 2009 tax 10,397.00

Total estimated loss to Shelby Township and Macomb in property tax revenue per year: $2615.00


This is my Exhibit A The entire Macomb
County Sheriff Crime Report Case Number
0900028101

The entire report was available for download
from the site: SaveShelby.com I believe
this report to be accurate, unabridged and
the actual Macomb County Sheriff Crime
Report.

72 pages total. I have indicated the
paragraphs and page numbers based on
this report as evidence.
T
ANTHONY M. WICKERSHAM
OFFICE OF THE SHERIFF
KENf B. LAGERQUIST
UNDERSHERIFF
INVOICE
March 7, 2011
Mr. Robert Denison
7026 Grenadier
Shelby Twp., MI 48317
RE: FOIA Request - Richard Stathkis (100444-09)
FOIA Fee 70 pages @ .50 per page ~ 35.00
TOTAL DUE $ 35.00
Please send business check or money order payable to the Macomb County Sheriff's Office,
43565 Elizabeth Road, Mt. Clemens, MI 48043, Attn: Records.
Thanking you in advance,
Bette Grove
Clerical Services Supervisor
43565 Elizabeth Rd. Mt. Clemens, Michigan 48043 Phone (586) 469-5151 FAX # (586) 307-9621
www.macombsheriff.com
Exhibit "A" Page 1 of 72
1
, County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
)00028101
Mt. Clemens, MI 48043
0900028101.1
586 469-5151
c: 1/15/2010
Page 1 0112
$ubjecl BRIBERY INVESTIGATION
Cas.e Report S(alus
A Approved
Agency Counly
50 - Macomb
Agenq'
11 - Shelby Twp
Cily(fownship
9i23i2009 1:00:00 PM
0,8elween
8usiness Name
locatiofl
43565 Elizabeth Rd
csz
MT CLEMENS, MI 48043
Census/Geo Code
jurisdiction
Grid
SeClor
Map 0 - N/A
Call Source
Telephone
Vehicle AClivit,
OH. Veh. Traveling
Cross Slreel
Means
Molive
Report Ilan,he CAS E SYNOSIS:
Enlered Oil
Enlered By
Velifled 00
Approved Oy
Related Cases
Dis pOsilion
E;JIcp Clear Reason
Excp Clear Dale
Reponing Agency
Report Type
Division
Related Cases
12/31/20095:26:11 AM
11272 . Daniels, David
1/21/201010:51 :50 AM
11272 . Daniels, David
'1i24i2010 2:59:43 PM
11272 - Daniels, David
Active
Macomb County Sheriff
Crime Report
Macomb County Sheriff
Reporting Officer
11272 - Daniels, David
Assisted By
Agency Assisted
Call fOf Servtce 11
090100444
The facts of this investigation reveal that Jaime Barra has been employed with Shelby Township
since 1990. Barra has served as a deputy assessor and since 2006 he has been acting as the day to
day head of the Shelby Township Assessor's office.
That Mark Kassab gave Jaime Barra $500.00 while they were in Barra's Shelby Township office. The
date of the exchange of this money is unclear- however both Barra and Kassab believe it took place
sometime between December 2008 and early 2009 sometime in March or April around the Easter
holiday. At the time of the $500.00 exchange of funds Kassab was active in Shelby Township
politics as a member of the Shelby Township Planning Commission. In addition to his position in
local government Kassab also conducted business with Shelby Township in his capacity as a Vice
President of M. Shapiro Development Company. Shapiro and/or Kassab had (3) issues that were
being reviewed by the Shelby Township Assessor's Office during this time frame. These issues are
as follows: .
1) A November 5, 2008 Market Street Parcel Split application (45343 Market Street) which Kassab
was acting as an agent for the property owner Independent Bank. The split was approved on
February 17, 2009. (This is the split that Barra speculates was the motive for the $500.00 payment)
2) Kassab also dealt with the Assessor's office on a property tax appeal on another Market Street
parcel upon which a two story building next to the Costco's property was located. Again, Kassab
was acting as the agent for Independent Bank.
3) Kassab was also appealing his Personal Property Tax Assessment. An independent Shelby
Township Tax Assessment Board of Review agreed to lower the assessed value of Kassab's
property; as a result a Stipulation for Entry of a Consent Judgment was approved and signed by
Jamie Barra on July 17, 2009 Kassab's personal property assessment was reduced from
$415,000.00 to $ 362,500.
Mark Kassab was also appointed to the Shelby Township Downtown Development Authority on
July 21, 2009. .
Mr. Barra will state that Mark Kassab has never solicited a favor from him; nor has he (Barra) ever
asked for anything in return from (Kassab) for any work that he has done. Barra will also state that
PrinledFor: -,--- _
ICRrt1v2f
Printed: Oclobp.r:;>1 '1"'11" tn.',.
Exhibit "A" Page 2 of 72
2
~ ~ a ~ o m b County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No. 0900028101.1
5864695151
Report Date: 1/15/2010
Page 2 0112
he has done nothing over and above his normal course of business when dealing with Mark
Kassab.
Mr. Kassab will state that the exchange of the $500.00 was a gift and nothing more.
fNTRODUCTION:
On 9-23-09 while in the process of a previous investigation involving Shelby Township Public
Officials (see attached MCSO OCA# 68188-09) I was contacted by the Shelby Township Chief of
Police Robert Leman. I was advised by Chief Leman that on the previous Friday 9-18-09 he was in
his office discussing financial matters with the acting department head of the Assessing Office,
Jamie Barra. Barra told him that in the spring of 2009, around the Easter holiday, he (Mr. Barra) had
received a "gift" of $500.00 from Shelby Township Planning Commissioner Mark Kassab. Allegedly
Kassab told Barra that the $500.00 was "something the boys in office scrapped together" as a thank
you for Barra's assistance with the split of a parcel of property in Shelby Township. Per Chief
Leman Barra said he notified Shelby Township Supervisor Richard Stathakis of this payment; Per
Barra, Stathakis told him to give the money to charity. Chief Leman advised me that Barra stated
that he wanted to make this statement "on the record, as a matter of transparency". Leman
interviewed Barra again on Monday 9-21.09; at that time Barra told Chief Leman that Supervisor
Stathakis took $100.00 of the $500.00 that Barra had received from Mark Kassab.
Chief Leman advised me that he felt this information needed to be shared with the Shelby Township
Board of Trustees. He went to Supervisor Stathakis's office on Tuesday 9-22-09 along with
Township Attorney Craig Lang to discuss the allegation. They agreed that the allegation should be
brought before the Township Board of Trustees and that Township Attorney Craig Lang and Chief
Leman advised Supervisor Stathakis not to meet with Barra alone to discuss this allegation.
On 9-25-09 a confidential memo authored by Shelby Township Supervisor Richard Stathakis was
sent to the Shelby Township Board of Trustees. The "confidential memo" outlined the allegation
made by Barra. As a result a special session of the Shelby Township Board of Trustees was
scheduled for Wednesday, 9-30-09 to discuss the memo that was issued by Stathakis reference the
allegation. The special session was to determine employee disciplinary action against Barra.
On 9-30-09 at the special session of the Shelby Township Board of Trustees meeting the Board
passed a motion to pledge full Board cooperation with the County Sheriff and in fact encourage
their participation in an investigation concerning the facts pertaining to the matter specified in
Richard Stathakis' memo to the Township Board dated September 25,2009 regarding Jaime Barra.
In addition the Board also passed a motion to hire a law firm, Pilchak Cohen & Tice, P.C. to
conduct an independent investigation of the allegation.
From the onset of the original investigation in early September 2009, all of the interviews and
contacts that I had made, I was clear to each individual that the information that was shared should
be held in confidence, therefore the investigation could proceed in a timely manner, unimpeded due
to information sharing. The news of the confidential memo and subsequent work session meeting
was spread throughout the network of Shelby Township government employees. A local
newspaper, The Macomb Daily, had received a copy of the confidential memo and printed the
information in their newspaper. This would prove to hinder the investigation overall as the
information that had been provided had a direct impact into the results of this investigation.
INVESTIGATION:
After discussing the allegation that was made by Jaime Barra with Chief Leman on 9-23-09, we
discussed the possibility of involving the FBI in this investigation. I contacted Chief of Staff
C.aptain Anthony Wickersham of the Macomb County Sheriff's Office Captain Wickersham refered
:MS_MICRrtf v21
Pfinlprl" (),..tn"M ')1 ?fiHi ~ n c o AU
Exhibit "A" Page 3 of 72
3
M a ~ o m b County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No. 0900028101.1
586469-5151
Report Date: 1/15/2010
Page 3 of 12
me to Special Agent Jeff Eberley of the Macomb County office of the Federal Bureau of
Investigation. I made contact with SA Eberley who agreed to meet with me on 9-30-09 to discuss
the allegations made by Barra. SA Eberley agreed to assist with the interview of Jamie Barra.
INTERVIEW OF JAIME BARRA
On 10-7-09 Special Agent Jeff Eber/ey and I interviewed Jaime Barra. Also in attendance during the
interview was Barra's attorney, Richard J. Graving. I advised Mr. Barra that he .... as present on his
own free will and that he was not the center or focus of our investigation at this time. Barra
indicated that he understood, he also acknowledged that the information we were seeking involved
the allegation he had made to Chief Leman.
From the onset, attorney Graving indicated they were present on their own free will. However, he
stated they were troubled that the information about this allegation had been printed in the Macomb
Daily and that his client had been portrayed in the local media as was having done something
wrong. Barra asked if this interview was in response to the motion that was made by the Shelby
Township Board to conduct a complete and thorough investigation. I advised Mr. Barra that I was
not working for Shelby Township but that I work for the Macomb County Sheriff's Office. This
investigation was going forward and being conducted by the Macomb County Sheriff's office at the
request of the Shelby Township Police Department. I explained that the reason we were in the
office of the FBI was that I had asked for their assistance to strictly monitor the case to see if there
was something that may need their attention. I explained that this was an unusual case involVing
local government officials and, with the allegations being made, I contacted the FBI for their
assistance and they agreed to sit in on this interview as an observer.
Barra began his statement by telling us that he was feeling an extreme amount of pressure. He
stated that he was hoping that the 930-09 township meeting would result in the supervisor "feeling
enough pressure to acknowledge exactly what happened". Barra stated "I'm still blown away by
the fact that the supervisor has not acknowledged what happened." I refocused the interview on
Barra's employment history. He stated he has worked with Shelby Township since late 1989 or
1990. He initially began his employment in the supervisor's office however primarily worked in the
assessor's office and is currently the acting department head of the Assessing Department.
Although he is not a Level IV Assessor, since 2006 had has been the acting department head of the
Assessing Department.
I began to center the questions on the investigation that involved the allegation that Barra had
made to Chief Leman in September about the $500 exchange of funds from Mark Kassab. Barra
stated that a couple days prior to the 18th, he was summoned to Supervisor Rick Stathakis' office
to discuss the spacing problems inside the Shelby Township offices, specifically a conflict that was
going on with department heads inside the building. Also in the room at the time was Chief Leman.
The discussion was centered around the fact that the Chief was asking for more space and the
topic was possibly using the room in the Assessor's Office to add on to the Shelby Township
Police Department.
Barra stated a day or two later, after the initial meeting with Stathakis and Leman about the spacing
issue, Barra was in Chief Leman's office. Barra described the meeting as initially discussing tax
revenue projections that Barra had supplied the Board; this was bothering Chief Leman as it
impacted his budget. Barra was clear on the fact that Chief Leman made mention of rumors and
stresses that were going on during this time frame that he was dealing with. However, per Barra
Chief Leman did not directly state that there was an internal investigation going on reference a
planning commissioner being threatened. Barra stated that he did not know exactly Why he told
Chief Leman, however he was aware and he had heard a rumor of a planning commissioner being
threatened and that there was an investigation going on. However, this information did not come
from Chief Leman.
I asked Barra to be specific as to how he delivered the information to Chief Leman about the $500
Prinled Oclober 21.2010 10'58 AM
Exhibit "A" Page 4 of 72
4
Ma.comb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No. 0900028101.1
586469-5151
Report Date 1/15/2010
Page 40112
exchange of funds from Mark Kassab. Initially, Barra was somewhat evasive in answering the
question; however he finally described the reason for telling Chief Leman:
quoting directly from the taped interview as fol!ows:
..... issues that put us in a position where transparency in not so apparent and I think that is what
kind of got me. I'm a proponent of transparency. Believe me, I, so it was probably one of these
things that I felt uncomfortable ,;vith, that's vvhy ! discussed it v/ith him. Not that! felt like did
anything wrong, I thought it was resolved. It was an example of, there's an example of what
happened in the back in the spring. 00 .on my desk and then, so then I went and got all the rogue in
explaining by way of example of things that make me feel uncomfortable. But it wasn't, it wasn't a
feeling of guilt that I went to him in admission. I think it was to continue our conversation about
things and the appearance of things that are going wrong in local government. ..... end quote.
Barra went on to state that they talked for about fifteen to twenty minutes about the topic on Friday,
91809. However Chief Leman had to leave to attend a meeting and the conversation ended. Barra
stated that on Monday, the 21st, the Chief called him to his office to speak about the information
again. At that point, Barra described the conversation in this way:
quoting directly from the taped interview as follows:
..... He called me back and he was concerned, it was in the morning, and he called me back. He'said
he really didn't sleep so well all weekend and he was concerned about it. It was the first time that I
started looking at it a little bit differently. And, it was, and as we were talking, . 00' I felt like people
were just stacking little bricks on my shoulder ..... end quote.
Barra went on to state that the second meeting on the 21st was more of a question and answer
period as opposed to just two city employees sitting in their office complaining about problems that
they are going through.
I asked Barra to describe the event related to Chief Leman as far as how he received $500. Initially
Barra was hesitant to provide the name of the individual that gave him the money. The reason for
his hesitancy was that he was worried about being sued for allegations that have been made. Barra
was clear on this fact; he stated that this individual had never solicited a favor from him and he had
never asked for anything in return. Basically he was stating that the relationship was good between
'Mark Kassab and himself and that the possibility of him being sued for information that was
provided was a concern of his. I advised Barra that Chief Leman had already provided me with the
name of the individual who gave him the money. At that point, Barra did state that the $500 he
received was from Mark Kassab.
Barra went on to state that the reason why he felt that Kassab had given him the $500 was:
quoting directly from the taped interview as follows:
.....it's all described as one tax parcel. So the parcel goes in to there's a deed in lieu of foreclosure
that's filed on this with Independent Bank and Dilorenzo. Independent Bank pays the tax bills and
now they've got a problem because they are trying to get the share of everybody else's portion of
the tax bill back out. So I think that's why they hired Shapiro, and Shapiro was to try to make sure
we get this land division split so that we didn't go through a whole another year of this because
they had such a hard time getting this issue resolved where they... cuz once you pay the tax bill, it's
paid. You pay my tax bill, even by mistake, and it's your responsibility to know what you're paying
on. If my bill's paid, I don't have to pay my tax bill if you paid it. Well that's where Independent
Bank was... "
Barra continued quoting directly from the taped interview as follows:
" 1think, and this is my speculation, they hired Shapiro to make sure that this property and the
split combination would be done so that they wouldn't go through all of 2009, um, to be exposed, to
be exposed, and then have to fight with the other parties to get everybody to pay their share of the
taxes. Cuz the answer here is that the legal status of that property is, for tax purposes every year,
V2f
Printed: Oclober 21.2010,10.58 AM
Exhibit "A" Page 5 of 72
5
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No. 0900028101.1
586469-5151
Report Date: 1/15/2010
Page 5 01 Ii
is where it stands as of December 31st." ... end quote.
I asked Barra to describe his relationship with Mark Kassab. Barra stated that he first met Kassab
in March 2008 when he was working on the assessment of his personal property. Barra stated that
he was called in to Paul Viar's office in March, 2008. At the time, Mark Kassab was in Viar's office.
Viar asked Barra to look into the complaint by Kassab because Kassab felt he was being treated
unfairly at the assessment ravia,:.' board.
Barra stated that at some point during the relationship, he became aware that Mark Kassab was a
member of the Planning Commission. However he was also aware that Kassab worked for the
Shapiro Group and that he had dealings with them, specifically on the Market Street parcel split
from Vince Dilorenzo's request to split the property. Barra concluded the conversation about the
parcel split stating that basically their hands were tied, that the split was going to go through, that
the land Development Act would not allow for him to do anything otherwise. Barra stated he would
stand behind the split and that he would have no problem presenting it to any other assessor for
their review. The split was done by the book according to the land Development Act, the split was
done properly.
That led me to ask the question why did he feel that the $500 was in return for the consideration or
help on the parcel split. Barra stated that he did not know. Barra explained that this type of event,
someone coming in to his office and handing him money in an envelope had never happened
before, however it has happened since.
..."REVElATION OF ADDITIONAL MONIES CHANGING HANDS
At that point, the interview shifted to this revelation of money exchanging hands again. Barra
identified a local broker and real estate developer named Gary Engle that he has had a long history
of dealings with as the Assessor of Shelby Township. Barra identified Engle's company as
Properties Real Estate. group. Barra stated that in the Spring, 2009, the County Treasurer's office
sends out a list of properties that are going up for sale due to the property owner defaulting on the
taxes. Barra explained that when the County Treasurer's office sends the list of properties to the
local government, the local government has the opportunity to purchase the property. The
township has the right of first refusal to p u r c ~ a s e property that the owner defaulted on back taxes.
If the township refuses to purchase the property, the property is offered to the public for sale.
Barra stated he advised Supervisor Stathakis of this parcel of property to see if he was interested in
purchasing it. Barra was referred to Planning Director Glenn Wynn to see if they had any interest in
purchasing the property and Barra was told the township was not interested. As a result of the
township having no interest, Barra contacted Gary Engle and explained the sequence of events.
quoting directly from the taped interview as follows:
"there were no properties in that group that we were interested in. Which means that they go out to
the public now, they go out for the normal tax rate. And then when I was talking to Gary, I said to
Gary, I said, hey you know what? That gravel pit, he owns the one lake, he owns the small lake
north of Twenty-Five Mile, he's got five duplexes on it, okay? He owns that lake. He has told me in
the past that he tried to buy the lake behind him that was owned by Bogart. They used to own the
bar down on Eight Mile or something, a restaurant or something. The old man died, the family
didn't keep up with it and the property went up for tax sale. This is one of those, it's a big body of
water that is just a liability, and we didn't want it. So I told him about it. He went the next day down
to the County, bought the property, called me, was tickled pink, he bought it for $16,000, like forty
or sixty acres, but it's all wetland an.d gravel pit. He doesn't want it for anything to have that lake
get up to his property. Anyways so he was happy to get it. He was so happy that he wanted to, he
wanted to meet me for coffee. So r went and had a cup of coffee over at Ocean Breeze with him.
And this was about two months ago or so, okay? Then he gives me, he goes to give me an
envelope across the table and I say, no, no, absolutely not. You're not giving me an envelope. I,',
I've had that ball and chain around my neck, I'm done with that. So in terms of on my mind, when I
came around to talking about, I gave it back to him, I says absolutely not. r said no, I'm not, not he
Prinled Odober 21. 2010 - 10:56 AM
Exhibit "A" Page 6 of 72
6
M ~ c o m b County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No. 0900028101.1
586 469-5151
Report Dale: 1/15/2010
Page 6 of 12
told me what was in it. I never, I didn't take, what did he say, he said there was three hundred
dollars in it." ...end quote
Barra stated that he provided Engle with information that was public knowledge, it had been
posted in the local newspaper, and there was nothing inappropriate or illegal that he had done, he
simply supplied Engle with information that was readily available to anyone. ( interview of Gary
Engle to follow)
I asked Barra what he thought the outcome of this $500 event was going to be. Barra stated that he
could not understand why Rick Stathakis was distancing himself from the event. Barra stated he
was "floored" by the fact that the supervisor would not acknowledge that he had told him earlier in
the spring upon receiving this money from Mark Kassab that he would not take that responsibility
and would not acknowledge it to the Shelby Township Board of Trustees.
quoting directly from the taped interview as follows:
... "I'm going, I think that it'll, I think that everything is going to blow over and I'm gonna be the
recipient of this wonderful work environment. That, ironically is created solely by me in terms of
my discussions with Bob. It was not a, it was a discussion, it wasn't, I never felt Mark was doing
anything wrong, I didn't think, I knew that keeping money would be wrong but I didn't, I didn't, I
never even, it never even entered into my mind, I didn't view it that way and then resolving it the
way it was resolved. It was resolved. I wasn't comfortable with it, I didn't want to be put in that
position and then Gary doing it, Gary Engle doing it just a couple of months ago, solidified thai, bUI
it was, the bigger part of that whole issue was in getting rid of the money, giving it away, it felt kind
of like a ball and chain. It was an obligation that " I guess I didn't want to have to come across that
bridge again...... end quote
Barra went on to state that he knew it was improper to profit personally from the $500, therefore he
felt getting rid of the money was a burden and that it was "like a ball an chain around my neck".
I asked Barra to tell me how the $500 exchanged hands. Barra stated that it had to be near the
Spring, 2009, because the board of review was in session and he typically wears a suit on those
days. He stated that he kept the envelope of money in his sport coat inner pocket .and that is why
he thinks the exchange of the money took place in March, 2009.
quoting directly from the taped interview as follows:
... "my office is at the end of the hallway. He comes in and he was just talking to me and then when
he was getting up and going, he sat an envelope down on my desk. I didn't even know it was an
.E:nvelope and he sat something on my desk and he said here, this is for you. And I said, what's
that? And I'm sitting there and he stands up and he goes aw, it's nothing. He said, really, it's not a
big deal, it's something that I scraped together with the guys in the office just that we appreciate
what you've done and getting this all done. And / assumed that given the problems with trying to
collect the taxes, maybe it was a big deal. Maybe Independent Bank gave them a bonus for
accomplishing those things, I don't know what it was......end quote
Barra stated he did not look in the envelope, however:
quoting directly from the taped interview as follows:
... "/ could see what it was, I didn't know what it was exactly. I didn't know if it was tickets or
something, I didn't know what it was. I assumed it was money because he said the guys scraped it
together. I didn't figure each one of them gave him a ticket or something. But I said Mark, I don't, I
don't need this. I don't do what I do, I don't do what I do so that I need to get, I get paid by the
township already. / don't need you to do that. I would do this for anybody. And he said' know, I
know, and he walked out. Well when he walked out front, I was kind of walking with him and then
he goes out and then my staff is out there and I don't want to make a big deal out of this cuz in front
of them so we walked out and to the lobby which is ironically right were the police desk is there.
Exhibit "A" Page 7 of 72
7
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No. 0900028101.1
586 469-5151
Report Date 1/15/2010
Page 7 01 12
And I'm out in there by the stairs and r said Mark, I can't take this. I said, I can't. I've never
accepted that before an you don't need to do this. It's not something, at this point the split's
already done anyways, it wouldn't have mattered anyways. So, he and I had a good relationship
with him in terms of he was always a nice guy. He was always, he's always been respectful and he,
he calmed down after the Paul issue before that. So he wasn't radical, and he goes well, I'm not
going to take it back. He goes, look J gave it to you, you do whatever you want with it. I don't want
it back and he walked away." ... end quote
Barra stated he did not tell anyone in his office about the money. He indicated that Tom Monchak is
the individual who did the information on the parcel split, however he did not want to share this
with anyone in his office. He stated that the next thing he did about this $500 was to go upstairs
and speak with Supervisor Rick Stathakis on the same date that the money was delivered to him by
Mark Kassab.
quoting directly from the taped interview as follows:
..... 1went upstairs, same day, and I'm going to make an assumption that this was a Friday. And the
reason I say that is when I went upstairs, Rick's door was closed, he was in a meeting, this would
have been at the end of the day. This is four o'clock or after, excuse me, so I couldn't get in to talk
to him about it. And I, I, I gave him the money. I went up and I talked to him about it, it was a
Saturday. It had to be a Saturday just because of nobody else was in the offices." ... end quote
Barra went on to state the next available day he was able to meet with Stathakis was, he believes,
on a Saturday morning because no one was in the office. He stated he went in to Rick Stathakis'
office:
quoting directly from the taped interview as follows:
... "weill kind of laughed and I put it on his desk and kind of put it out, right out on his desk, and I
said, we got a problem. And I laughed and I put it on the desk. And he said, he looked at it and he
said what's that? I said it's an envelope. And he said weill can see that. I said it's got $500 in it.
He said where's that from? I said, I told him at first a taxpayer brought this in and was appreciative
of something we'd done and they left it on my desk and they won't take it back. I said so now I'm
faced with what do I do with it. And I said so you're my supervisor and by virtue of the fact that we
don't have, you are also my human resource director, you are the appropriate person for me to
bring this to. He reacted when I put that on his desk, he was surprised. And he actually, he didn't
have any answers as to what to do with it. I said well/what do you want to do with it. I didn't say
what do you want to do with it. I said we have a problem and he said to me what do we do with
it?"... end quote
I asked Barra to be clear on this fact. Barra stated that Stathakis was unaware of what to do and
Stathakis was asking Barra what to do with this money. Barra stated that he felt because Stathakis
was so new, he did not know how to proceed with this type of event therefore they were putting
their heads together to try to figure out how to get rid of the money. Barra went on to state that
they jointly agreed that the money should be given away to charity and that it would be Barra's
responsibility to do so.
Barra continued by stating that after he had given away $300, he went back, to Supervisor
Stathakis' office and advised him that he was having trouble getting rid of the money and he gave
$100 to Rick Stathakis. Barra said he made a suggestion to Stathakis to take the money and give it
to his church. Barra stated that Stathakis did, in fact, take $100 from the $500 that had been
received from Mark Kassab. Barra could not account for the last $100. He stated he gave $20 to
someone who was the victim of a domestic violence case, however he was unable to account for
the remaining funds other than the aforementioned $400.
Prior to ending the interview, I advised Mr. Barra that I would like him to submit to a polygraph
examination. Mr. Barra indicated he was more than Willing to come in to submit to the polygraph
Prinled. Oclober 21, 2010 10.58 AM
Exhibit "A" Page 8 of 72
Ma,comb County Sheriff Crime Report
Macomb County Sheriff
Case No, 0900028101
Repon No, 0900028101.1
Report Date: 1/1512010
43565 Elizabeth Rd
Mt. Clemens, MI 48043
586469-5151
8
Page 8 Of 12
and felt that it was his only way of displaying to the Shelby Township Board of Trustees and his co
workers that he had nothing to hide. The interview was concluded at this time.
EVALUATION OF INTERVIEW
After the interview S,A. Jeff Eberley and I compared our thoughts; we were both of the opinion that
Bara was being truthful. Although we both agreed that his first mistake was not giving the money
back to Kassab also that he: had ample opportunity to either return the money by mail or document
how it was given to charity by receipt. However his course of action by allegedly telling his boss
Supervisor Rick Stathakis and the Chief of Police Leman, indicated that he was not being deceptive.
It was unclear as to why Barra would be prompted to come forward with the information after so
much time having elapsed although the theory of the rumor of an on-going investigation was the
most credible reason we could collectively agree upon.
S.A. Eberley's opinion that the nature of the complaint "he said/he said" and the fact that any type
of co-vert action that his office would attempt would be futile; due to the fact that the individuals
who would be questioned were already made aware of the entire incident. For these reasons he
stated that this incident would not be investigated by their office. He did offer his assistance if
neded as to the completion of this investigation.
Offense Detail: 5104 - Bribe (Other)
OHense Description
18R Code
fBR Group
Crime Against
Offense File Class
PACC
local Code
5104 - Bribe (Other)
510 - Bribery
A
PR
51000 - BRIBERY
Olten!';e Compleled?
Hilte/Blas
11 - GovernmenUPublic Building
Yes tlo Prem Enlered
00 - None (No Bias) EnrryMelhod
No . Tipe Securily
Tools Used
Using
Criminal Acli'lily
Force Le.... el
Weapons
,uspect S1: KASSAB, MARK SALIM
Suspect Number
S1
008
9/18/1964
Place of Bil1h
Name
KASSAB, MARK SALIM
Age
45
SSN
Aliases Sex .
M - Male
DLN
K-210-585-758-699
Alert(s)
Race
W - White
DL Siale
MI - Michigan
Elhnidly
U - Unknown
DL Country
Address
54135 QUEENSBOROUGH DR
HI.
6' 0" . O'
Occupation/Grade
CSZ
Shelby Twp, MI 48316
WI
185
-

Eye Color
HAZ - Hazel
Employe, Address
MO Hair Color Employer CSZ
Allire
Hair Slyle Res, County
Macomb
Habitual Offender
Sialus
Hail Length Res. Country
USA United
States of America
Fadal Hair Residenl Stalus
R - Resident of
the community,
city, or town
where the offense
occurred

8uild
P,inled Oclober 21, 2010,10:56 AM
Exhibit "A" Page 9 of 72
9
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No. 0900028101.1
586469-5151
Report Date: 1/15/2010

Phone/Email
Type
BU - Business Phone #1
CE - Cell Phone #1
Supplemenlal IDs
10 Type
Physical Characteristics
Type
Suspect f..tOles
Suspect S2: BARRA, JAIME TODD
Teelh
Description
248 865-0066
248 310-0536
\0 Number
Descnplar
10 Issuer !'lame
Oescrjplion
Suspecl Number
Name
Aliases
Alertfs)
Address
CSZ
MO
Allire-
Habitual Offender
Stalus
S2
BARRA. JAIME TODD
12060 - 22 MILE ROAD
Shelby Twp, Ml 48316
ooB
Age
Sex
Race
Elhnicil)'
HI
WI
E)e Color
Hal' Color
Hair SI}1e
Hair lenglh
Facial Hair
Complexion
10/12/1962
46
M - Male
W - White
U - Unknown
BRO - Brown
BRO Brown
Place or Bir1h
SSN
oLN
DL Siale
DL Country
Occupation/Grade
Employer/School
Employer .Address
Employer CSZ
Res County
Res. Counlr)'
Residenl Status
B-600-362-799-785
Township of
Shelby
MACOMB
USA - United
States of America
R - Resident of
the community.
city. or town
where the offense
occurred
Build
Teelh
"lone/Email
Ipe
1M - Home Phone #1
OeSCliplion
586 726-0559
,polemenlal IDs
Type ID Number ID Issuer Name
Iysical Characteristics
pe Descripl01 Desc1iption
Suspeel Noles
uspect S3: STATHAKIS, RICHARD HARRY
Suspecl Number
Name
Aliases
Aler1(s)
Address
53
5TATHAKIS, RICHARD HARRY
13883 TIMBERVIEW DR
ooB
Age
Set
Race
Elhnicily
HI
7/31/1956
53
M . Male
W White
U - Unknown
6' 0" . l' 0"
Place of Sinh
SSN
oLN
DL SI.le
DL Counlry
oecupaijon/Grade

Prinleo' October 21,2010 10:5B AM
Exhibit "A" Page 10 of 72
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Rep.ort No. 0900028101.1
586 469-5151
Repori Date: 1/15/2010
10
Page 100112
CSl
Shelby Twp, MI 48316
Allirc
HabltualOffende.
Slalus
one/Email
,e
M - Home Phone #1
:lplemenlal IDs
fl'ce
'sical CharaclerishCS
,e
Suspect Noles
;tim V1: [El STATE OF MICHIGAN
WI.
Eye Colo'
Hai' Colo'
Hair Sly1e
Hall Le:lglh
FaCial Hair

Build
Teeth
Descriplion
586677-5747
10 I'Jwnber

Victim Code
V1
Viclimor
ViClim Trpe
G - Government
Name
[El STATE OF MICHIGAN
008
Aliases Age
Alert(,) Sex
Race
Address. Elhnicil)'
CSZ HI.
WI.
Allire Eye Color
Injury Hair Color
Circumstances Facial Hair
Complexion
Oescriplion
emenlallOs
pe
10 Number
205
BRO - Brown
BRO - Brown
10 Issuer
Oes.criplion
5104 - Bribe (Other)
10 Issuer
Teslify
Township of
Shelby
Employer Address
Emplore, CSl
Re,. Counly MACOM B
Res.Counlry USA - United
States of America
ResidenlSlalu, R - Resident of
the community,
city, or town
where the offense
occurred
t-Jame
Place 01 Birth
SSN
OLN
OL Siale
OL Counlry
Occupation/Grade
Employer/School
Elr4>loyer Address
Employer CSZ
Res. Counly
Res. Counlry
Residenl Sialus
Name
P,inled Oelober 21.20101058 AM
Exhibit "A" Page 11 of 72
Macomb County Sheriff Crime Report
Macomb County Sheriff
Case No. 0900028101
Report No. 0900028101.1
Report Date: 1/15/2010
43565 Elizabeth Rd
Mt. Clemens, MI 48043
586 469-51 51
11
Page 11 01 1,

Officer Killed or
Assaulled
Information
Type
Assignment
AClivily
Olher OR!
Juslifiable Homcide
Circurnslances
Victim OHender Relalionshi DS
Offender Relahon'ihip
Viclim rJoles
Witness W1: GRIFFIN, WILLIAM P.
Wllness Code
Name
Aliases
A/enls)
Address
C52
W1
GRIFFIN, WILLIAM P.
OOB
Age
Se,
Race
Elhnicily
HI
WI
12/31/1961
47
M - Male
W - White
U - Unknown
Place of Bit1h
SSN
ou.
Ol Siale
OL Country
OccupafionfGr ade
E
Allire
Eye Color
HaiJ COlor
Facial Hair
Comple1:ion
Emplorer Address
EmploYEr CS2
Res Coun')'
Res Coulllry
Resid,:nl Siafus
TcShly
Phone/Email
Type
BU - Business Phone #1
CE - Cell Phone #1
Oescriplion
248 433-7711
248 892-7804
SUDOl emenlal
OType 10 number 10 Issuer tJame
Vilness NOles
'Vitness W2: ENGLE, GARY CARL
Wilness Code
Name
Aliases
Alen(s)
Address
CSZ
Allire
W2
ENGLE, GARY CARL
50346 VAN DYKE AVE
Shelby Twp, MI 48317
OOB
Age
Se,
Race
Elhnicily
HI.
WI.
cye Color
Hair Color
7/28/1942
67
M Male
W White
U - Unknown
Place of Birlh
SSN
OlN
OL Siale
Ol Counlry
Occupalion/Grade
Employer/School
Employer Address
ErTl!'loyer CSZ
BROKER
PROPERTIES
REAL ESTATE
Fadal Hair Res. COunly
COfrl'lexion Res. Counlry
Resident Sialus
Testify
lone/Email
pe
U - Business Phone #1
Oescriplion
586 739-9000
PWmental 105
Type
10 Number 10 Issuer Name
Pnnled October 21. 2010 to:5B AM
Exhibit "A" Page 12 of 72
ry1acomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Report No. 0900028101.1
Report Dale: 1/15/2010
Mt. Clemens, MI
586469-5151
48043
12
Wilness
Property Description Item 1: 2102 - Bills/Money - Misc.lAssorted 5420 - $500.00 US CURRENCY
/lA.m
1
Propert}' Calegory
2102 - Bills/Money Misc./Assorted 5420
Property Class
20
IBR Type
20 - Money
UCR Type
A - Currency, Notes, Etc...
Sialus
S - Stolen/Etc.
(Bribed/Defra uded/Embezzled/Ransom ed/
Etc.)
Counl
1
Value
500
Manufacturer
fI..1odel
Serial tJo.
License
Calf)(
Description $500.00 US CURRENCY
VEhicle Year
001)' SI)'Ie:
Siale
License 'Ye:ar
Evidence Tag
Aler1(s}
Eyidence Reco'Jered Sr'
Evidence Recovered From
Evidence Location
Drug Type
Drug Quanlily
Drug Measure
Property Noles
Prinle<1 Dclober 21 2010 AM
Exhibit "A" Page 13 of 72
1
County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
ML Clemens, MI 48043
Report No 0900028101.2
586469-5151
Report Date: 1/15/2010
Page 1 01 7
Subject BRIBERY INVESTIGATION
Case Report Sialus A - Approved
Agency Counlr 50 - Macomb
11 - Shelby Twp
Occurred On 9/23/2009 1:00:00 PM
Or Between
Business Name
localion
43565 Elizabeth Rd
CSZ
MT CLEMENS, MI 48043
Census/Geo Code
JurisdicLion
Seeler
Map
0- NIA
Call Source
Telephone
Vehicle ACllvil}
Oir. Veh Traveling
Cross Streel
Means
Molive
Entered On
Br
V.,iliedOn
V<,rir,ed 81'
Approved On
Approved By
Relaled Cases
Dispos;hon
bcp Clear Reason
Excp. Cleaf Dale
Reporting Agency
Report Tl'pe
DiviSion
No!ir.ed
Related Cases
1/17/20105:42:46 PM
11272 - Daniels, David
1/24/20102:59:27 PM
11272. Daniels, David
1/24/2010 2:59:51 PM
11272 - Daniels, David
Active
Macomb County Sheriff
Crime Report
Macomb County Sheriff
RepOtting Officer
11272 - Daniels, David
Assisled By
Agency Assisled
090100444
Report Narrali.,. INTERVIEW OF SUPERVISOR RICHARD STATHAKIS
On 11-10-09 D/SgL Edward Mason and I conducted an interview with Shelby Township Supervisor
Rick Stathakis at the Shelby Township Offices. This interview was recorded via audio. The initial
interview involve (MCSO OCA# 68188-09 attached). I shifted my questioning to the information that I
had learned from Chief Leman in late September about the $ 500.00 payment to the Assessor Jamie
Berra. I asked Stathakis if he was aware of a secondary investigation that the Macomb County
Sheriff's Office was conducting, he stated, "Yea I believe you're here about what's been on the front
of the Macomb Daily, the Jamie Berra thing." To assist with his recollection Stathakis presented
the memo that he had written on September 25th to refresh his memory on the sequence of events.
Stathakis stated that from his best recollection, he was contacted by Chief Leman on Tuesday,
September 22nd. Also in attendance at that meeting was the Township Attorney, Craig Lang.
Stathakis stated that was the first time that he was notified about the allegation made by Jaime
Barra. Chief Leman explained to him that Barra came to him on September 18th and told him that
he received $500.00 from Mark Kassab and that he had given the money to charity. Leman also told
him that the on Monday September 21, he spoke with Jaime Barra again; and he was told that he
gave $100 to Stathakis. Stathakis denied the allegation at that point.
I asked Mr. Stathakis what he did upon hearing of the allegation made by Barra.
Quoting directly from the taped interview as follows:
... "weill, my jaw's dropping, right? And you know, and uh Chief Leman and Craig told me just
think about this and don't do anything until tomorrow, okay. So after they left the office, I'm going,
I'm trying to keep it inside, you know? And I went back here and I sat down and even though I knew
I was not going to do anything till tomorrow, guys, you know how it is, unless you're in that
situation, "m boiling. And I'm boiling more, and boiling more, and I don't know how long it was, it
seemed like three hours, and I just sat I that chair and I didn't do a thing except look out the window
and I was mad. I was just gonna tell ya, I was really really mad. So I tried to cool and I did, I kept
telling myself don't blow up, don't blow up, let's do this tomorrow and I thought, no way am I going
to do this tomorrow. I mean I'm not gonna sleep overnight on this. This isn't my doing. So, ya
know, I opened up that door and I went downstairs, I kept saying don't shout, don't shout, don't
keep it, ya know, just find out what's going on. And I was emotional. I, I mean, it was emotional. It
Prinled For:
Prinled: OCIO-:-be-
r
::-C -
M
----
2
,---:, 2-'-01""'0-.',..,.0-,-.58c-
A
Exhibit "A" Page 14 of 72
2
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No. 0900028101.2
586469-5151
Report Dale: 1/15/2010
Page 2 01 7
is exactly what I didn't want to do. Weill went down there and I went in Jaime's office and I shut the
door and I said what did you do, why did you do it and why did you mention me in this? What is my
role? And he's Rick Rick I'm sorry, I don't know how many times he apologized. And I said this is
ridiculous, you took money didn't you? Yes I did, I'm sorry, and he just kept apologizing and Rick,
ya know it was one of those things. And then I, and then I looked at him and I'm not a H.R. guy, ya
know, so I probably shouldn't have said this but I did. I says this is something I can fire you for and
I've got Leman in on this, I've got your labor attorney. He looked at me and he says, well you don't
have Rena looking at this as well, do you? I says no I don't but that doesn't make any difference
because I am going to, I can do what I want in this situation, I am also the HR director. And this is a
very serious matter. And uh, I don't know, I was really, really upset, it was pretty emotional, okay?
I mean I wasn't shouting, I was talking kind of like, you know, like I was talking to you. And then I,
after five minutes; ten minutes I was still mad but I had kind of cooled down cuz ! mean he was kind
of tearing up a little bit. And uh I mean what would you do if your boss suddenly confronted you."
... end of quote.
I redirected Stathakis into telling me what exactly Jaime Barra had told him about the money and
how he had received it.
Quoting directly from the taped interview as follows:
.. ,"so here's what I said. I said uh, I said um, so when I was all done and he was telling me he was
sorry, I looked at him and I said uh, you didn't really answer my question. Why did you take the
money and why did you, why did you include me in on this? And then he looked at me and he said,
oh you don't remember? And at that point, I just got up and left." ... end of quote
At this point, I reviewed the memo that I had received from Township Clerk Terri Kowal dated
October 2,2009. The memo indicates that as a result of a work session of the Board of Trustees
held on Wednesday, September 30,2009, that the following motion was made. The Shelby
Township board of Trustees move to p l ~ d g e full board cooperation with the County Sheriff's and, in
fact, encourages participation in the investigation concerning the facts pertaining to the matter
specified in the Richard Stathakis memo to the township board dated 92509 regarding Jaime
. Barra. I was setting the tone for the interview to allow Mr. Stathakis the opportunity to come in for a
polygraph examination. I advised Mr. Stathakis that I had previously interviewed Jaime Barra a few
days earlier and that the FBI was assisting in the investigation. I asked Stathakis if he would be
surprised if I told him that Jaime Barra had submitted to and had passed a polygraph examination.
Stathakis stated yes, it would surprise him.
It was at this point that I advised Mr. Stathakis that I had scheduled dates available for him to come
in to submit to a polygraph. I also advised Stathakis that this was his opportunity to answer the
allegations made by Barra; in that Barra had told Stathakis about the money being received from
Mark Kassab in or around Easter of 2009 and that Barra claimed that Stathakis had taken $100 of
the money.
It should be noted that upon exiting the interview, I compared my interpret<ltion of the actions of Mr.
Stathakis with D/Sgt. Mason. When I posed the question about Jaime Barra taking a polygraph and
the fact that Stathakis had the opportunity to take a polygraph, it appeared to both myself and Sgt.
Mason that Mr. Stathakis mood and behavior changed. In fact, his words and actions became more
hesitant and his body language indicated he was becoming uncomfortable with this line of
questioning.
In an effort to maintain accuracy, the following narrative is taken directly from the recorded
interview:
D - Lt. Daniels
S Mr. Stathakis
o "Would you be willing to come in for a polygraph?
Printed. October 21. 2010 10:58 AM
Exhibit "A" Page 15 of 72
Ma.comb County Sheriff Crime Report
Macomb County Sheriff
Case No. 0900028101
Report No. 0900028101.2
Report Dale 1/15/2010
43565 Elizabeth Rd
Mt. Clemens, MI 48043
586469-5151
3
Page J 01 ;
S I would consider anything at this point but I probably need to talk to somebody before I go
too much further on this.
D Sure, yeah, and the reason why obviously is because with the polygraph, with that it's
going to be an effort to admonish you from this. An effort for you, first of all, a polygraph is a tool
for a couple of reasons. First thing I use polygraphs for is to show if the person I'm talking to will
come in, that shows me he is cooperative. Secondly, when he passes it, we can absolve him of
(innaudible). A polygraph is not adrnissible but they are a tool that we use, it's a great investigative
tool. So if anybody has a question, they take a polygraph cuz everybody watches CSI, everybody
watches that stuff on TV, there's a certain amount of that that's correct. But there's a certain
amount of that that we use as investigators.
S Okay
D We're going to be able to fashion questions specifically about that event, in fact I will not
fashion questions, you will not fashion questions, attorneys won't fashion those questions, the
examiner will be asking specific questions about this event, that's it, nothing else, okay? And that
will allow us to at least, whenever it comes to a point of going to a prosecutor or going to the
attorney general's office if it gets that far, thatwe are able to say, did he take the polygraph? yes he
did, how did you do? he passed.
S Okay, I, like I said ...
o We're going to have to put this thing to rest.
S Yeah
o It's out there unfortunately it got in the news and now it's out there. Okay I would prefer that
it not get there, but I have no control over what folks do. Alright, if it was up to me, we could handle
this, we eQuid take care of this in house. This is a political hot potato for everybody involved,
believe me Rick, I appreciate that and I respect that very much so, okay? I would prefer actually
that I didn't need to come to your office because (inaudible) I come here or there, we don't need the
media because who ever told about your business or our business is about transparency, I agree
with that a hundred percent. That's why my bosses allow me to do this investigation, okay? We
are nothing if not transparent, all right? So based on that information, I am confident you are going
to talk to your attorneys here and they are going to tell you go on in for the polygraph and let's get
this thing done and put it to rest, that's what I'm thinking, okay?"
It should be noted that' never received a call back from Supervisor Stathakis regarding scheduling
a polygraph. I left a voice mail and messages; the following Tuesday, J made contact with
Stathakis. Mr. Stathakis advised me he had retained an attorney, Cy Abdoo, and he explained to me
that Mr. Abdoo had advised him not to come in for the polygraph therefore Mr. Stathakis refused to
submit to a polygraph examination.
DISCREPANCIES NOTED IN INTERVIEW OF RICK STATHAKIS:
During the course of this investigation, I spoke with to Chief Leman numerous times, specifically
about how the allegation was received by the Chief and how he communicated the information to
Mr. Stathakis. Chief Leman advised me that he had spoken to Stalhakis on the 22nd of September
with Craig Lang. Chief Leman is an experienced police officer and has interviewed nume'rous
people during the course of his career. Chief Leman stated to me that when he first presented the
information to Rick Stathakis about Jaime Barra's allegation, he felt that Stathakis' response was
unusual in the fact that he did not become upset; he did not question the allegation, more so the
statement he made was "why is he dragging me into this?" Chief Leman advised me that he felt
that this response was unusual and that he had anticipated Stathakis would become angry or
upset, however that was not the reaction he received and he noted that as being unusual.
During the course of my interview with Mr. Stathakis and on the tape recorded statement, he again
makes the statement that instead of becoming angry initially his first response was "why are you
dragging me into this?" to Jaime Barra when he confronts him with the allegation.
During my debriefing from Chief Leman on this information, he stated that he and Craig Lang were
Prinled October 21, 20101058 AM
Exhibit "A" Page 16 of 72
4
County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No. 0900028101.2
586 469-5151
Report Date: 1/15/2010
Page 4 01 ;
in Stathakis' office until approximately 2:30 PM on Tuesday, the 22nd of September. Per Chief
Leman, Craig Lang had instructed Stathakis not to speak to Jaime Barra alone and to wait until the
following day until they could figure out what they wanted to do. Stathakis ignored the direction of
the labor attorney for Shelby Township and in his words "walked down to Jaime Barra's office and
confronted him" in his office. During the course of my investigation, I spoke with Jaime Barra
about this specific topic and Barra denied that the conversation between Stathakis and himself took
place in that manner. Barra presented me with his cell phone showing he had captured a phone
call, which was still on display; the call was received after 4:30 PM on 9-22-09 from Rick Stathakis.
Barra stated he was at the county building at the tax tribunal hearing and he was not in the office
until late Tuesday evening, closer to 5:00 PM. This disputes Stathakis' statement to me that he
walked down to Barra's office and confronted him inside his office, approximately forty-five
minutes after Leman and Lang had left his office. That would have been closer to 3:15 - 3:30 PM. In
fact, Jaime Barra was not even present in the Shelby township offices until closer to 5:00 PM that
evening.
Per Chief Leman, during the meeting with Craig Lang, himself and Rick Stathakis on September
22nd, Leman and Lang had agreed that this allegation made by Jaime Barra need to be brought to
the attention of the full board of Shelby Township trustees and Lang made the recommendation
that it be done. It was Leman's understanding that after the meeting on the 22nd, that the full board
would be advised of the allegation made by Barra within a timely manner.
On 11-10-09, after my interview with Rick Stathakis in his office, I conducted an interview with his
secretary, Andrea Piccirrilo. Andrea advised me tilat on September 24, Stathakis e-mailed her,
requesting that she type a letter of reprimand addressed to Jamie Barra on Shelby Township
letterhead. Per Andrea, Stathakis was going to serve discipline on Barra and then notify the Board
of Trustees. (see email of letter of reprimand attached)
Andrea stated that she confronted Supervisor Stathakis advising him that she would not type the
memo and she felt that it was her responsibility to advise the Supervisor that he needed to take this
information and present it to the full board. She retained a copy of the draft of the memo which
she presented to me as verification. It is apparent that Stathakis was attempting to resolve this
issue without taking it to the full board. Again, this is direct contradiction to the advice and
direction that the Shelby Township labor attorney had given to Stathakis on how to handle the
situation.
Prior to ending the interview with Supervisor Stathakis, I confirmed with him that I had set aside
four separate time slots over a two day period available for him to submit to a polygraph
examination. Stathakis stated the he was in agreement with the memo that was sent to me from the
full board pledging full cooperation in this investigation. He indicated he would contact me to
advise me whenlif he was coming in for the polygraph, however I did not hear from him. I was able
to eventually make contact with him at which time he advised me he would not submit to the
polygraph exam. After learning this, I reviewed the information I had received from Terri Kowal
from the special work session advising that the township was pledging full cooperation in the
investigation. I asked Stathakis how he could explain to the citizens of Shelby Township and the
Board that he was being cooperative when he would not come in for the polygraph
Stathakis did not 0 provide me with answer oth.er than he was going on the recommendation of his
attorney.
It should be noted that I made contact with attorney, Cy Abdoo. Attorney Abdoo explained that he
had not been retain'ed by Stathakis. He indicated he had received a telephone call from Rick
Stathakis about the possibility of taking a polygraph. Mr. Abdoo stated he advised Stathakis that
he should not submit to a polygraph and added that he would never allow any of his clients to
submit to a polygraph as he did not believe in them.
Exhibit "A" Page 17 of 72
5
Ma,comb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No 0900028101.2
586469-5151
Report Date: 1/15/2010
Page 5 of :
INTERVIEW OF MARK KASSAB
On 11-20-09, I conducted an audio and video recorded interview at the Macomb County Sheriff's
Office with Mark Kassab. Also present during the interview was his attorney Steve Rabaut and
Detective Lieutenant Elizabeth Darga. Prior to beginning the interview, I advised Kassab that he
was here of his own free will, that he was free to leave at any time, and that he was the focus of an
investigation and could possibly be charged with a crime. Kassab indicated he understood and Mr.
Rabaut acknowledged they understood that he was there on his own free will and Kassab was
prepared to make a statement with regards to the investigation I was conducting.
I advised Mr. Kassab that in the previous interview on 11-16-09, we were talking about a threats
complaint that involved Jan Elliott, a Planning Commission member of Shelby Township, and
Robert Paul Viar, the ShelbyTownship Treasurer. The focus of this interview was to answer
questions about an allegation made by Jaime Barra, the Acting Head of the Shelby Township
Assessing Department. In September, Mr. Barra had reported to Police Chief Robert Leman that he
had received a $500 gift from Mark Kassab. I explained that the questions during this interview
would be pertaining to that incident.
The opening round of questions revolved around Mr. Kassab's employment and his involvement
with Shelby Township politics. Kassab stated he is the Vice-President of M. Shapiro Development
Company LLC. He works for Mickey Shapiro and a majority of their land development and business
is conducted in Oakland County. Kassab stated he was also a member of the Shelby Township
Planning Commission but had since resigned. In addition, he was a merJ:lber of the Shelby
Township Downtown Development Authority and he recently resigned from that position as well.
In asking Kassab about what he does for a living and business that he conducted in Shelby
Township, I felt he was somewhat evasive with his answers. Specifically, if I didn't ask the exact
questions, the answer was not forthcoming. Due to my limited knowledge of real estate, land
a,cquisitions, land development and land banking, there is a possibility that some questions may
not have been answered to the exact point.
In reViewing the assertion that had been made by Barra; which is that the $500.00 dollars was in
return for a property parcel split that Kassab assisted with as an a.gent of Independent Bank while
employed by Shapiro Development Company llC. Kassab stated that Shapiro was hired by
Independent Bank. Independent Bank was the property owner of several acres of property on the
site in question located on Hall Road and Market Street which is just east of M-53. The parcel is
situated on the east side of Market Street which is bisected by lakeshore Drive on the north. The
property abuts to the commercial property of Costco. Kassab was hired by Independent Bank;
Shapiro/Kassab conducted their own assessment of the foreclosed/acquired property and they
provided information to the Shelby Township Assessor's so the parcel split would proceed.
Kassab stated that the prior owner of the property, Vincent Delorenzo, had applied for a parcel split
in November, 2009. Kassab's responsibility to Independent Bank was to assist with gathering
accurate information so that the parcel split would go through. The reason for the interest by
Independent bank is as follows: in 2008 Independent Bank paid taxes on the entire parcel of the
property which also included the parcel that was owned by Vincent Delorenzo. Independent Bank
had asked the Shapiro Group to pursue the split of the property; thereby avoiding the exposure of
paying taxes on the entire piece of real estate.
During the course of the interview, Kassab reiterated several times that he considered Barra his
friend and that Barra needed the money. Kassab stated he had no intention of getting anything in
return. Kassab stated the allegation made that the $500 was reward or gift for the parcel split on
the Market StreeUCostco location, does not prove to be truthful. Kassab's explainantion of the split
was that it would have been suspicious if the spilt had been accomplished by December 31, 2008.
In fact, it was not completed until February, 2009; therefore the appearance that the $500 was a gift
for Barra pushing the parcel split through before the 31st of December is not true.
Ponied: October 21, 201010:56 AM
Exhibit "A" Page 18 of 72
6
Ma.comb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No. 0900028101.2
586 469-5151
Report Dale: 1/15/2010
Page 6 017
I asked Kassab about his relationship with Jamie Barra. Kassab stated that he considered himself
a friend of Barra's and he felt badly about this situation and what has happened. Kassab stated he
knew of Barra prior to March of 2008; however it was in March of 2008 when he first had direct
contact with Barra. This contact occurred during the course of him appealing the taxes on his
private residence which he had compieted building in 2007. Kassab offered his appeal to the
Shelby Township tax appeal board; however he felt like he had not been given a fair assessment of
his property. Kassab took his complaint on the assessment to the Treasurer, Paul Viar. At that
point, Viar summoned Jaime Barra to the office to review the assessment.
Over the course of several weeks Barra meet with Kassab reviewing architect blue prints of the
residence. Barra suggested that Kassab obtain another appraisal of his residence. Barra did hire
Shelby Township Trustee Lisa Manzella's husband Joseph Manzella to conduct that appraisal.
Manzella appraised the value of the property at $725.000. On July17, 2009 Kassab took the
assessment conducted by Manzella's husband to Jaime Barra. Barra and Kassab entered into a
stipulated consent judgment which lowered Kassab's S.E.V. on his personal property from
$415,000.00 to $362,500.
Kassab explained that on September 14,2009, he came in to pay his property taxes. He brought
'with him his original property tax bill and the stipulated judgment that had been signed by Barra.
Kassab stated he was having a conflict with the clerk working at the desk over the proper tax
amount to be paid; Kassab stated Jaime Barra intervened during the course of the conflict and
advised Kassab that he had not had the time to complete the proper paperwork to record the lower
assessment. As a result, Kassab stated he handed Barra a check made payable to the Charter
Township of Shelby. Kassab left the check amount blank and asked Barra to fill in the dollar
amount for his property taxes and he then left as he had to go to work. Kassab later received an
email from Barra indicating that Barra had a<Uusted nis taxable value to reflect the Stipulation and
Consent Judgment that he had signed on July 17, 2009. The new prorated tax amount on Kassab's
home was $6,047.46. The email from Jaime Barra to Mark Kassab from Monday September 14,2009
is attached to this report.
I specifically asked Kassab the question "did you give Jaime Barra $5007" Kassab admitted to
giving Barra the cash. Kassab stated he came into Barra's office with the intent of giving him the
money. Kassab stated that he believes it was late December 2008 or early 2009 when this
occurred, sometime between December and March. Kassab stated that he told no one about the
transaction. He stated he didn't want to rub his nose in it and he didn't want anyone else to know.
Kassab stated he considered Barra a friend and they often discussed family matters. Kassab
considers Barra an honest person and he felt free to discuss "guy stuff" with Barra. According to
Kassab, Barra had made statements that things seemed to be rough financially for him at his home.
Kassab stated he felt bad for the guy and thought he was living paycheck to paycheck. Kassab
claimed that over the course of the past two years, he and Barra have met two or three dozen times
just to "bullshit" about different things. Kassab stated that he gave the money to Barra because he
felt he needed it. It was not in return for any consideration for the Market Street parcel split or
anything else that had been alleged. Kassab stated Jaime Barra never asked him for any money,
nor did Barra attempt to solicit any funds from him.
I asked him to be specific on how the $500.00 exchange took place and what was said. Kassab
stated that he was in Barra's office, he came in and sat down, and for a few minutes had a cup of
coffee. During this meeting he gave the money to Barra in an envelope. He was not clear if B.arra
knew it was money, however he indicated that Barra stated to him "Mark, you don't have to do this".
Kassab stated he told Barra "Jaime if I had to do it, I wouldn't do it, I want to do t h i s ~ " Kassab
stated that he ended the conversation with a handshake and a "manhug" and he walked out of the
office. Kassab stated he had read Pilchuk's report and that the allegation made by Barra that he
followed Kassab out of the office and attempted to give the money back to him is untrue. Kassab
stated that initially, Barra tried to give the envelope back to him stating he didn't have to do this but
Prinled: October 21, 201010:58 AM
Exhibit "A" Page 19 of 72
I
County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
MI. Clemens, MI 48043
Report No 0900028101.2
586469-5151
Report Dale 1/15/2010
7
Page 7 01 :
he did not follow Kassab out of the office and he did not walk out to the hallway as Barra indicates
he did during his interview with Pilchuk.
Prior to ending the interview, I advised Kassab and his attorney that this case would be presented
to the Macomb County Prosecutor's Office for review. If they determine the investigation should
result in a warrant authorization I advised that I would contact Mr. Rabaut. The interview WtlS
concluded at this time.
DESCRPIENCES NOTED IN INTERVIEW OF MARK KASSAB:
The original suggestion that the $500.00 gift was in response to pushing the Market Street parcel
spilt through before December 31,2008 is unfounded and also irrelevant. The parcel split was not
accomplished by the end of 2008. However the split did not need to be completed by December 31,
2008 for Independent Bank to be successful in there attempt to avoid paying taxes on the entire
piece of property.
The Market Street parcel split application of Vincent Delorenzo proceeded after the November 5,
2008 submission. The Shelby Township assessor's office did send the Market Street parcel split to
Macomb County on February 6,2009. On February 17, 2009 Macomb County returned the split as
been approved. For the taxable amount to be set for 2009 the split needed to be approved before
the tax rolls are signed; which is in March of 2009. As a result the parcel split was accomplished in
a timely manner.
It was unclear as to why Barra would be prompted to come forward however the following time
line is apparent:
1) the attempt of Gary Engle to provide money to Barra- this happened in late summer 2009
2) the fact that Barra intervened in Kassab's property tax issue on September 14, 2009.. A
September 14, 2009 email from Barra to Kassab explains that Barra had filled in the prorated tax
amount on Kassab's personal check and given it to the treasurer's office personally.
3) the fact that Barra was aware of an internal investigation
Offense Detail: 5104 - Bribe (Other)
Offense Description
5104 - Bribe (Other)
18R Code
18R Group
510 . Bribery
A
Location Type
OHense Campleled?
11 - Government/Public Building
Yes No Prem. Enlered
Crime Against
PR
Hale/Bias
00 - None (No Bias) Enlryl.lelhod
Ollense File Class
51000 . BRIBERY
Domestic Violence No Secunl}"
PACC Tools Used
Local Code
Using
Criminal AClivil}'
Force Level
Weapons
-
pnnled. Oelaber 21. 2010 10:56 AM
Exhibit "A" Page 20 of 72
County Sheriff Crime Report
Case No. 0900028101
Report No. 0900028101.3
Report Dale: 1/15/2010
Macomb County Sheriff
43565 Elizabeth Rd
Mt. Clemens, MI 48043
586469-5151
1
Page 1 016
Subjeci BRIBERY INVESTIGATION
Case Repon Sialus A - Approved
Agency Counl" 50. Macomb
AgenC)' 11 - Shelby Twp
Cil)'ffc"...llShljJ
Occurreo On 9/23/2009 1:00:00 PM
Or Between
Business "'ame
Localion
43565 Elizabeth Rd
CSl
MT CLEMENS, MI 48043
Census/Geo Code
Jurisdiclion
Grid
Seclor
Map
o. NIA
Call Source
Telephone
Vehicle ;',ClIvily
Cross Sireet
EnleredOn
Enlered By
Verified On
Verified By
On
Approved By
Related Cases
Di,posilion
E>:cp. Clear Reason
Excp. Clear D31e
Repol1ing Agency
Repon Type
Division
NotifIed
Relaled Cases
1/19120106:21:29 PM
11272 - Daniels, David
1/2412010 2:59: 58 PM
11272 - Daniels, David
1/24/2010 3:00:04 PM
11272 - Daniels, David
Active
Macomb County Sheriff
Crime Report
Macomb County Sheriff
Reporting OffIcer
11272 Daniels, David
Assisled By
Agency Assisted
Call lor Service 11
090100444
ReDon Narralr'o INTERVIEW WITH GARY CARL ENGLE:
Upon learning the revelation that was made by Jaime Barra during the interview at the FBI office on
10-7-09, I made contact with Gary Engle via telephone. Mr. Engle was forthcoming with his
information. Engle explained that he had been trying to acquire a piece of property which abutted
to another parcel of property that he owned in Shelby Township on Twenty-Five Mile Road east of
Van Dyke. Engle stated that Barra had contacted him and advised him that the property in question
had been offered to the Township of Shelby for the back taxes. Barra advised Engle that the
township was not interested in acquiring the property and that the property would be sold at the
Sheriff's auction which was coming up in the near future. Engle stated on the following day, he
went and purchased the property. Engle"stated he was very appreciative that Barra had told him
about the property. Shortly after Engle acquired the property, he and Barra met for lunch at the
Oceanbreeze restaurant in Shelby Township. Engle stated he had been attempting to acquire this
property for many years. After learning from Barra that the property was being offered for sale by
the county for back taxes, he talked with his wife and they both agreed that they should somehow
show Barra their gratitude for the phone call. Engle stated he attempted to give Barra $300. He
could not recall if he had it in an envelope or if he had simply taken it out of his wallet, but he told
Barra that he wanted to show his gratitude and wanted Barra to take his wife and family out to
dinner. Engle stated Barra would not accept the money. Barra told Engle that he did not do
anything more than to advise Engle of information that was open to the public and in the
newspaper. Engle stated that the property was advertised as is required for the Sheriff's auction,
but that he was negligent in watching the newspapers for information on this piece of property.
Engle stated the Barra simply Jet him know the property had become available for sale which was
information available to the public.
Engle stated that over the course of the years, there have been many disagreements between Jaime
Barra and the Assessor's Office and himself, however he believes Jaime Barra is an honest person
and he could not believe that Barra was going through the things that Engle had been reading
about in the newspaper. Engle stated that he respects Jaime Barra and he would never consider
that Barra would ever take a bribe as was being described in the media.
I advised Mr. Engle that this conversation would be included in my investigative report and that I
Prinled For:
Ponied: OClo-:-be-r-::21--:,,::-0:-:10-. A--:M----
Exhibit "A" Page 21 of 72
2
County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No. 0900028101.3
586469-5151
Report Date: 1/15/2010
Page 2016
may be in contact with him in the future. Mr. Engle stated he would be available whenever
necessary and he felt that Mr. Barra be afforded the opportunity to let people know what type of
character he has. My conversation with Mr. Engle concluded at this time.
FOLLOW-UP INTERVIEW WITH JAIME BARRA
After my initial interview with Jaime Barra at the FBI office on October 7, 2009, I was reviewing my
notes and determined that I had not asked Mr. Barra if he had told anyone about the money he had
received Mark Kassab. Barra informed me that he had told a previous co-worker of his who was
also an assessor, William Griffin. Barra stated he was a co-worker of Griffin's in the Shelby
Township Assessing Office; however Griffin left Shelby Township and went to work for Bloomfield
Township. Barra stated he called Griffin right after he received the money from Kassab because
Griffin was familiar with Shelby Township. He and Griffin were good friends and he would
understand the situation. Barra wanted to ask Griffin for his advice on the matter. Barra stated he
told Griffin about the $500 he received from Mark Kassab and also told Griffin that he had told
Supervisor Stathakis that he had received money from Kassab. Barra provided me with Griffin's
business and cell phone number to follow-up on this information.
INTERVIEW OF WILLIAM GRIFFIN
I met with William Griffin to discuss the information provided to me by Jaime Barra. Griffin advised
me he is a LevellVAssessor and he is the Assessor for Bloomfield Township. He worked for
Shelby Township from 2000-2006 as their Assessor. Griffin's wife, Lisa Griffin, currently does some
contract work for Shelby Township in the Assessing Department.
I focused my questions around Griffin's job as an Assessor and his experience in dealing with the
public. Griffin stated that normally most of the contacts he has with the public are individuals who
are trying to lower the assessed value of their property tax. It is not uncommon for him to receive
a phone call, whether it is a citizen, from the Treasurer, or someone in local government who
a complaint about the assessed value of an individual's property. I asked Mr. Griffin if
during the course of his experience, had he ev'er received an offer of a "quid pro quo" to receive
anything in return for him to lower the assessed value of someone's property. Griffin stated "I've
been doing this for like twenty-seven years and I have never, ever had anybody give me money or
slide money across or anything like that. I've had people, take me to lunch but "ve never had
anybody give me money or anything like that".
Without getting into specifics, I advised Griffin that I was conducting an investigation that involved
Shelby Township and an allegation that had been made about the current head of the Assessing
Department. Mr. Griffin stated that he was aware of the investigation and who it involved and that it
involved Jaime Barra. Griffin stated he was very familiar with the $500 deal with Barra and he was
aware that Barra had recently discussed the money with Chief Leman. I asked Griffin if he could
give me a timeline as to when he first learned about Barra receiving the $500 and who he learned it
from. Griffin stated that he learned the information from Barra. He received a phone call a year or
so ago from Barra informing him that Barra had received $500.00. Griffin stated that he told Barra
to give it back but Barra stated he had already given the money to charity. Griffin stated he doesn't
remember the conversation verbatim but recalls thinking Barra had made a mistake and he
counseled him about giVing the money back but he had already given it to charity. Griffin stated
that in just the last couple of months he received a call from Barra who advised him that he had
mentioned the $500 to Chief Leman in passing and that now it has become a problem for him.
Mr. Griffin went on to state that Barra had told him that he had told Stathakis about receiving the
money. Griffin stated he advised Barra that he should forget about involving the supervisor. Griffin
stated he has been doing this for a long time and "no politician will ever fall on the sword for you".
Prinlp.rJ" Orlohp(?1 ?01n. U.I
Exhibit "A" Page 22 of 72
M'a<;:onlb County Sheriff Crime Report
Case No. 0900028101
Report No. 0900028101.3
Report Date: 1/15/2010
Macomb County Sheriff
43565 Elizabeth Rd
ML Clemens, MI 48043
586469-5151
3
Page J 01 E
Griffin advised Barra to go to the board and apologize, admit that he had taken the money, but to
not try to involve the supervisor because the supervisor would not stand up or take responsibility
for learning of this as Barra had explained, 1reviewed the facts that Griffin had told me to this
point. Mr. Griffin was clear on ttie issue of when he had received a phone call. He stated Barra told
him he had received the money about a year ago, however, when he did call Griffin told him he
should give it back but Barra stated it was too late; he had already given it away to charity. Griffin
stated he remembers this specifically because "I would never tell him to keep the money, I would
tell him to give it back" and, in fact, that is what Griffin told Barra to do. Griffin was upset about the
situation because if he had been told about this money before it was given away, he would have
made sure that Barra take the money back immediately. Griffin described Barra as an honest
person and stated that Barra does not need $500 and it was a crazy situation.
I asked Griffin if he remembers during the first phone call Barra telling him that he had told the
Supervisor that he had received the money. Griffin stated "I can't be completely sure, I can tell you
that Jaime did tell me that he told Stathakis that he had received the money." Griffin stated it very
well could have been during their first conversation approximately a year ago but he knows for
certain that Jaime told him that he told Stathakis about the money when it all came out in the paper.
Griffin stated Barra told him that he had told Chief Leman that he had told Stathakis.
Prior to ending the conversation with William Griffin, I asked him again if he was clear that he had
received a phone call and when from Jaime Barra. Griffin stated that it was at least a year ago.
Griffin stated that if Jaime Barra told me (the investigator) that he told Griffin he had received this
money from Kassab and that he had told Stathakis about the money, then it must have happened
because, according to Griffin, Barra is not a liar, he would not lie and therefore it must have
happened. Griffin admitted, however, that he couldn't say it was so with a hundred percent
certainty. Griffin went on to state that when Barra called him, he told him he had given $100 to
Stathakis and that Stathakis told Barra he was going to give the money to his church because they
needed pens or pencils or something along those lines. Griffin stated Barra had gotten caught up
in politics and that if he had only kept his mouth shut, this would have been resolved and it all
would have blown over. I thanked Mr. Griffin for his time and our interview was concluded at this
time.
POLYGRAPH RESULTS OF JAMIE BARRA:
On 12-31-09 Jamie Barra did come in voluntarily to submit to a polygraph examination. The
questions asked revolved around the events of Barra receiving $500.00 and how the money was
distributed and who was told about the money. The examiner determined that there were No
significant psychological responses! No deception indicated; in his opinion the examinee was
truthful to the relevant questions. ( see attached report)
CASE SUMMARY:
The facts of the investigation reveal that Jaime Barra has been employed with Shelby Township
since 1991 working in the assessing department. Barra has served as a deputy assessor and since
2006 he has been acting as the day to day head of the Shelby Township Assessor's office.
That Mark Kassab gave Jaime Barra $500.00 while they were in Barra's Shelby Township office. The
date of the exchange of this money is unclear- however both Barra and Kassab believe it took place
sometime between December 2008 and early 2009 sometime in March or April around the Easter
holiday. At the time of the $500.00 exchange of funds Kassab was active in Shelby Township
politics as a member of the Shelby Township Planning Commission; and as a host to political
fundraising events at his residence. In addition to his position in local government Kassab also
Prinled: Oclober 21, 201010.59 AM
Exhibit "A" Page 23 of 72
4
M a ~ o m b County Sheriff Crime Report _I
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No 0900028101.3
586469-5151
Report Date 1/15/2010
Page 4 of 6
conducted business with Shelby Township in his capacity as a Vice President of M. Shapiro
Development Company. Shapiro and/or Kassab had (3) issues that needed approval by the Shelby
Township Assessor's Office during this time frame. These issues are as follows:
1) A November 5,2008 Market Street Parcel Split application (45343 Market Street) which Kassab
was acting as an agent for the property owner Independent Bank. The split was approved on
February 17, 2009. (This is the split that Barra speculates was the motive for the $500.00 payment)
2) Kassab also dealt with the Assessor's office on a property tax appeal on another Market Street
parcel upon which a two story building next to the Costco's property was located. Again, Kassab
was acting as the agent for Independent Bank.
3) Kassab was also appealing his Personal Property Tax Assessment. An independent Shelby
Township Tax Assessment Board of Review agreed to lower the assessed value of Kassab's
property; as a result a Stipulation for Entry of a Consent Judgment was approved and signed by
Jamie Barra on July 17, 2009 Kassab's personal property assessment was reduced from
$415,000.00 to $ 362,500.00.
Kassab was also appointed to the Downtown Development Authority by the current Shelby
Township Supervisor Rick Stathakis on July 21,2009.
CONCLUSION:
This investigation has been unable to dispute the fact that $500.00 was given from Mark Kassab to
the Shelby Township Acting Head of the Assessor's office in return for the completion of a parcel
split in a timely manner.
I find it remarkable, that an individual with Kassab's experience working with city and local
government employees spe.cifically with officials from the assessors, planning and development
departments, would think this act is acceptable. I would argue that I could not find a public officer,
agent, servant or employee of local government who would feel that this type of act would be
acceptable.
In addition it is equally remarkable that the Acting Head of the Assessor's office, Jamie Barra did
receive the money and failed to return it. As stated preViously I would argue that I could not find a
Acting Head of any Assessor's office that would feel that this type of act would be acceptable. The
investigation did not reveal that Barra did anything out of the normal course of his duties as it
pertained to the completion of a parcel split in' a timely manner.
**********
The elements of the crime Public Officer; Accepting Bribe are as follows:
Any executive, legislative or judicial officer who shall corruptly accept any gift or gratuity, or any
promise to make any gift, or to do any act beneficial to such officer, under an agreement, or with an
understanding that his Yote, opinion or judgment shall be given in any particular manner, or upon a
particular side of any question, cause or proceeding, which is or may be by law brought before him
in his official capacity, or that in such capacity he shall make any particular nomination or
appointment.
Question(s) of fact: is Barra considered a "Public Official" while acting in the capacity as the head
of an assessing department for Shelby Township; if he is not a Public Official can he be charged
with accepting a bribe.
Prinled' Oclober 21. 2010 10.59 AM
Exhibit "A" Page 24 of 72
Macomb County Sheriff Crime Report
I Macomb County Sheriff
43565 Elizabeth Rd I
Case No. 0900028101
MI. Clemens, MI 48043 5
Report No. 0900028101.3
::> 586469-5151 I
Report Date: 1/15/2010
- - - - - - - - - - - - ~
**********
The elements of the crime Public Officer; Bribery are as follows:
Bribery of public officer--Any person who shall corruptly give, offer or promise to any public officer,
agent, servant or employee, after the election or appointment of such public officer, agent, servant
or employee and either before or after such public officer, agent, servant or employee shall have
been qualified or shall take his seat, any gift, gratuity, money, property or other valuable thing, the
intent or purpose of which is to influence the act, vote, opinion, decision or jUdgment of such
pUblic officer, agent, servant or employee, or his action on any matter, question, cause or
proceeding, which may be pending or may by law be brought before him in his public capacity, or
the purpose and jntent of which is to influence any act or omission relating to any public duty of'
such officer, agent, servant or employee, shall be gUilty of a felony.
A question of fact: if Barra is not considered a "Public Official" do the elements apply to Kassab's
actions; taking into consideration that the threshold arguably is lower in this charge by stating: Any
person who shall corruptly give, offer or promise to any public officer, agent, servant or employee...
*.********
In any criminal investigation, motive is generally established to prove the elements of a crime. I
believe it is important to look at possible motives of the two central individuals in this incident, that
being Mark Kassab and Jaime Barra.
What is the motive for Mark Kassab to give the head of the Assessing Department a
gratuity/gifUbribe? Kassab had three separate issues that were in front of the Shelby Township
Assessor's Office that have been outlined. In addition, Kassab was becoming more active in
Shelby Township politics as a member of the Planning Commission and the Downtown
Development Authority. It certainly does not hurt Mr. Kassab, to the contrary, it would be
advantages for Kassab to develop relationship(s) with public officials in Shelby Township; where
he lives and conducts business. .
What is the motive for Jaime Barra, being a public official, receiving a cash payment and/or bribe
and then to tell the Chief of Police six months after it had taken place? Why would he give the
money to charity and not profit from it personally?
Having reviewed the information that was provided by both Barra and Stathakis, I find it
extraordinary that the supervisor would not feel it was his responsibility to call a member of the
Planning Commission to his office immediately and ad.vise him that the act of giving $500 to the
Assessor for a job that he is paid to do is out of line and will not be tolerated. I feel this would be
the natural course of action for anyone in his position. To the contrary Stathakis did not remove
Kassab from the appointed positions he sat on which were the Shelby Township Planning
Commission and the Downtown Development Authority.
STATUS:
This investaigtion was submitted to Macomb County Chief Assistant Prosecutor James Langtry
without a warrant authorization. I am requesting that the Macomb County Propescutors Office
review this report to determine what 1if any criminal charges should be authorized.
IHense Detail: 5104 - Bribe (Other)
)Rense Descriplion
5104 - Bribe (Other)
IBRCode Local;on Type
510 - Bribery 11 - GovernmenUPublic Building
IBR Group Offense Compleled? Yes No. Premo Enlered
A
Crime Against HalelBias
00 - None (No Bias) Enlry Melhod
PR
Offense File Class Domesl;c Violence No Type Secur\ly
51000 - BRIBERY
I R M ~ MI('R <11 ,,?I
Exhibit "A" Page 25 of 72
6
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900028101
Mt. Clemens, MI 48043
Report No. 0900028101.3
586469-5151
Report Date: 1/15/2010
Page 6 of 6
PAce Tools Used
Local Code
Using
Crim'nal AcIiVil)'
Force Level
Weapons
Printed' October 21. 2010 10'59 AM
Exhibit "A" Page 26 of 72
CHARTER TOWNSHIP OF SHELBY
PARCEL DIVISION/COMBINATION APPLICATION
THE IS REQUESTED BY THE APPLICANT:
WOO 0 0
DIVISION COMBINATION PLAT MASTER DEED DESCCORR
LOCATION OF PARENT PARCEL(S) (INCLUDE ADDITIONAL SHEET IF NECESSARY):
#23-07' 3 t. ",-lfjro.- (JS ADDRESS:. _
#23-07 _ ADDRESS:. _
#23-07 _ ADDRESS: _
#23-07 _ ADDRESS: _
#23-07 _ ADDRESS: _
INCLUj)D WITH THIS APPLICATION MUST BE THE fOllOWING:
-lL 1. SURVEY OF PROPOSED DIVISION(S) OF PARENT PARCEL. SURVEY MUST INCLUDE LEGAL DESCRIPTIONS.
2. A COpy OF ANY TRANSFERRED DIVISION RIGHTS OF THE PARENT PARCEl.
3. A COpy Of PROOF Of PAYMENT OF CURRENT TAXES AND ANY TAXES THAT MAY HAVE GONE DELINQUENT
IN PRIOR YEARS FOR ALL PARCELS INVOLVED.
4. A COpy OF PROOF OF PAYMENT OF ANY SPECIAL ASSESSMENTS OWING ON ANY INVOLVED PARCELS.
5. PROOF OF OWNERSHIP INCLUDING WARRANTY DEEDS OR ARTICLES OF INCORPORATION.
6. HOMEOWNER'S P.R.E. AFFIDAVIT AND RESCIND FORM. (SINGLE RESIDENTIAL HOMES ONLY)_
PLEASE READ BEFORE SIGNING
I UNDERSTAND mAT ANY CHANGES IN mE DESCRIPTION OF PROPERTIES ARE MADE IN ACCORDANCE WIm mE LAND DIVISION ACT.
I UNDERSTAND THAT IT IS mE SOLE RESPONSIBILITY OF mE APPLICANTS / SELLERS AND/OR PURCHASER'S OF SAID PROPERTY(S) TO
VERIfY THE COMPliANCE OF PROPERTIES wrm LOCAL ZONING AND/OR BUILDING CODES AND HEALTH DEPARTMENT REQUIREMENTS.
I UNDERSTAND THAT ISSUES OF NON-COMPUANCE IDENTIFIED AT THE TIME OF THE LAND DIVISION MAY BE DESCRIBED AS PART OF THE
LEGAL DESCRIPTION. t
c::/- 1/- -j.- {) .
......... PROPERTY OWNER'S SIGNATURE - ......---/ DATE_::....- _
....... PROPERTY OWNER'S SIGNATURE
DATE _

DA TE STAMP HERE
R,EeEIVl!lf)
11 5 08
SHIiUiW TOWNSH4P
DEPAATMENY
DO NOT WIRTE BELOW THIS LINE (OFFICE USE ONLY)
_____APPROVED: CONDITIONS, If ANY: _
_____DENIED: REASONS: _
SIGNA TURE OF REVICWER: DATE: _
Exhibit "A" Page 27 of 72
DENIAL/APPROVAL! ASSR REC LETTER SENT _
CHECK FOR TA.XESPAID: )J() i'Efl- JIg /1- I 'r -c/[
FLOW SHEET ff!i--
COpy FOR: M/D BOOK -=== PLAT BOOK
--
ENTERED IN EQUALIZER
,
INFRA VALUE ADDED (SUB/CONDO) .....
COpy FOR: LANDflLEO'l-OC "oq AEWo2 - 2. J -c) '?
NOTIFY: BLDG DEPT....;t:,-;:' 2.==-----=22...7-_0-.1-1 _
NEW ON MAP (Y2--"2(-c"'t
SIDWELLS REeD FROM COUNTY:
Exhibit "A" Page 28 of 72
J
)0;1 1;"\ ,-l ,;
....
..
...


r.I'

'iiff
'..
.;{.


':.
I \l
MARKET ST.
-I . '''' ".' . .,.,
t

....... \
.J'" ':.(("

n

Ii I
... 'I'
,1\":': ''''Ui I( i
I I .... ,
, I
...

VI
I,
::;....
'1 1"'1':
."

'; I
s
n I I
.1"" ,
J ;
;']'l#d'i',"."Li
-.34' \7.,j1 ISH '
'e .
t,
>I
,
'"
".11.a,

,

el 1i .; <:.' ';;" : ..
I. . U', ..
'" 1"1,
';'1 ,--'"
I
,.. 'l I.',; I
!,III' r'. . I. Li I"
. 4 I "," ,] ,
. ".:.: IJ')':'" <. U . .
"\'" 1>'3.1'.1;.' I :
.,q llll".. ,,' I
,": ....1'1'1 H" . ' .
..tl' I . r P.
;,'
. ,
.".....'.... .. .. ..
)
i'1 I'!
'l!
",
l . !Ii H L
5 <'/1 liI'J'I,IQI'jn.'
I.J 1 " I I,!'C I
l'd ,'d" Ill" I "
'. ,I
.I ;
. i '1.\1";
. :ll'1' .".
, 'lJg I
"III.:;,
:.8';1' 1

o.'
,'j$H<:ll)i.)j .
..: . .t,; :
:'':IT.e''':j'i'
,. .. .,
. < !;

11 i'"
\. ... .... ,
.. :., ..... ...
f' g ,t '1".'8 i.' 'i', .
rJ j 'I,', 'gil' I!.
w
ri'
-.

"

1,' 1 n \1'\' 11. I
J"!: 1 1 I. ,J oJ.1 .J -J .,
. -:., .."...,,' ,.. ,,: ..,..... ".... ""., .. " .\.\/:.... X,l .. I . o.' '..
:;.. ....."',hM.,;,;;i".""".. ..
Exhibit "A" Page 29 of 72
Page 1 of 1
Mark Kassab
-, . ~ . - ~ . - ~ ..... - ._ _._."-- '.-'--"- <p --" _- .- _ - _ . - ~ _.-....-._--_._- . _ . _ . _ - - _ . ~ . _ . _ - - _ -,-..--_ ._-------"._- ......- -.-. -_.'.-- ---.-._-_._------ - . - . ~ _ . _ - - - - -, '_"- _.-
,
__ _
From: Jaime Barra Ibarraj@shelbytwp.org]
Sent: Friday, February 06, 2009 856 AM
To: Mark Kassab
Subject: D'/orezo Property Split behind Costeo
Attachments: #36-400-056 Split Drawing w-Iegal descriptions 2008-11-14 2.pdf; 2009 COMB SPLIT FLOW D & T
CONSTRUCTION #36-400-056 Tentative 2009-02-05.pdf
Good Morning Mark,
I hope this is helpful to you in resolving your issues.
Call me if you have any questions.
Jaime 1. Barra
Deputy Assessor
Shelby Township
52700 Van Dyke
Shelby Township, MI48316-3572
Cell (586) 615-6613 .
Direct (586) 803-2000
Fax (586) 254-3773
jbarra@shelbytwD.orq
Exhibit "A" Page 30 of 72
SIDWELL # i MANATRON"# CLASS ACREAGE 2008 SEV 2008 TAXABLE DDA Base PROPERTY ADDRESS
07-36-400-056 ._..i 201 19.7530 2.060,620 464,0341__ i VcciMARKE.:..T I.:D..:&:...T_C:...O:...N..:S::..:Tll=U::.CTI=O:.:..:.N _
1 j. .. ! -+ _
1------1-.---- ' ----.-+------
I -i , IThis he. NOT bun Subimmi1ed 10 Mccomb COlIn:- ---too- -- __
Parcel into 3 Parccels -L r
'_ 464,034 1- _ .__ -------------
+--S-I,-D....,W...,-::E,-LL,...-:"#" __ --j_ MANATRON # CLASS ACREAGEi-- 2008 SEV 2008 TAXABLE! DDA -PROPEItTY ADDRESS TAXPAYER OF RECORD
LB.D. 201 9.047 965,170 D&TCONSTllUCTION
Pored'B' 8.391 Ac. 1-- LB.D. 201 8.3910 903,970 201,609 0 VCc!M...n. SLV D&T CONSTllUCTION
BD 201 __-_ .__ _
________...._. 1._ .. __ ..__. . _
/ .. -..- - .---------- .oo--_-
____.-f='k,Sid<SIVd. R.O.W. ,__ __ L_ -----t--. .. _
PROPOSED PARCELS TOTAL 2,080,620 I 464.034 ----: - tImmf-- ---r --'---------.-----
'-------C":U....,R:-'R=-=ENT PARCELS TOTAL 19.75300 464,034 2.080,620 -----r-------- -----
r DIffERENCE 000020 -r
---_----1
I
..-
.--l ..---------+----t-----f-------I-------.+-----+-----i-, -
I T
---------j--------+----/------+-----+------+---+----+--------f-----------1
-----,-.-------+---1------+-------+-----1-----+-----.1 ..-- --+ - -----
-------i-------+-----,--------'-- -------t---.------------+-----
L
---------------.-----
I I
,---- I -
------+-----..----1----1------- ------I-------j-----\----- -,
--------l--- ---!-i'-----+-----.------1
------+------+---+----+-----+-----+----+-----+1--------1------------
I' --+-1-----+-----------
215/2009 2009 COMB SPLIT FLOW D & T CONSTRUCTION #36-400,056.xls
Exhibit "A" Page 31 of 72
OF
PARCEL' A"

"C. t 1
uu,; t/
PARCEL "S"

&.Jiri I:.


' "..
!
: ,F"':"
f
LEGAL DESCRIPTIONS Of PARCELS ALQN.G MARKET STREET
Exhibit "A" Page 32 of 72
v
STATE OF MICHIGAN
DEPARTMENT OF LABOR AND ECONOMIC GROWTH
MICHIGAN TAX TRIBUNAL
Mark and Heidi Kassab
Pelitioner( s)
MIT Docket No _
Charter Township of Shelby
Respondent(s)
STIPULATION FOR ENTRY OF CONSENT JUDGMENT
1. The subject property is located in Macomb County.
2. The subject property is classified as Residential property and has a Principal
residential Exemption of at least 50%.
3 The subject property is located in the school district of Utica Public and
Macomb Intermediate.
4. The average level of assessment is ~ % for the tax year(s) 2009
5. The original assessed, state equalized and taxable values are as shown below
6: The revised assessed, state, equalized and taxable values are as shown below.
7. If the revised lV is lower than the Revised SEV an explanation is required: (attach an
additional sheel if necessary)
N/A
8. This stipulation constitutes the entire agreement betNeen the parties, written or
otherwise, as to the property's assessment(s) for the tax year(s). If this stipulation
does not constitute t entire agreement, the documents enclosed with this
sti ulation constitu the entire agreement between the parties.
, ed A en! signature) (Date) J
7-/7 -oj
~ 0 ~
(Date)
Exhibit "A" Page 33 of 72
Page 1 of J
Detailed Tax Information
[Back to Non-Printer Friendly Version) [Send To Printer)
Parcel: 23-07-10-278-006
Please note that any payments made to the Macomb County Treasurer
for delinquent property taxes are not reflected on this website.
Please call the County Treasurer"s Office at (586) 469-5190 with these specific
inquiries.
I Property Address
t-------------..

----------_-----1
I
j
I
)
' 5'1135 QUEEN5BOROUGH
SHELBY TWP, Ml 48315
L- . _
!

;
J Owner Information
I
i
KAS5AB MARK 5 & HEIDI
54135 QUEENSBOROUGH
I
'
SHELBY TWP, MI 48315
L_

------_._]
Unit: 07
i
I
__._J
I Taxpayer Information
____oj
r
I SEE OWNER INFORMATION
L _
I legal Information for 23-07-10-278-006
r----
i
I l '17 V LAKE IN THE WOODS SUB lOT 47 UBER 6616 PAGES 737-767
1. _
i
i
______________________. .-1
_ __
I
I
!
_ __ .J
**Note: On March 3 at 00:00, local taxes became ineligible for payment at the local unit. The total due shown for prior year taxes
is as of the annual settlement date with the County and does not reflect any payments, fees, or interest accrual that may have
occu rred after the settlement date.
Use the +{- button to expand and collapse the Tax Detail Information.
Year / season Total Amt Total Paid last Paid Total Due
2009, Summer $6,949.58 $6,047.46 09/14/2009 $902.12
!
General Information for 2009 Summer
School District:
Taxable Value:
Property Class:
Tax Bill Number
50210
$415,000
401
04845
PRE/MBTOfo:
State Equalized Value:
Last Receipt Number:
100.0000
$415,000
1
,
I
I
Last Payment Date: 09/14/2009 Number Of Payments 1
Base Tax:
Admin Fees:
Interest Fees:
Total Tax & Fees:
$6,923.30
$0.00
$26.28
$6,949.58
Base Paid:
Admin Fees Paid:
Interest Fees Paid
Total Paid:
$6,047.46
$0.00
$0.00
$6,047.46
I
I
Tax Bill Breakdown for 2009 Summer
Taxing Authority Millage Rate Amount Base Amount Paid
COUN1YTAX 4.568500 $1895.92 $1656.08
MACOMB COMM COlL 1.421200 $589.79 $515.18
MACOMBISD 2.943000 $1,221.34 $1066.8'
STATE EDUCATION 6.000000 $2,490.00 $2 175.00
Exhibit "A" Page 34 of 72
Page 2 of3
IUl}CA SCHLS DEBT ---'1._75'-o_oo_o $"_7--,--26-,--._-,--25,--- ----'-$6_3_4_.3
ic.::U..:...T1::...::CA:..c....::..SC_:.;.H-'-=Lc:..S-"'O_PE=-R---'_. . B._96_5_BO_0 . ..:...$c...:: 0..:.... 0....::. 0_. . . $0.QQ1
I' Totals:
L .__. .
25.648500 $6,923.30 $6,047
-----------'
Gl 2008, Winter $5,571.00 $5,571.00 03/02/2009 $0.00
Information for 2008 Winter __.
!School District: 50210 PRE/MBT %: 100.0000 !
i Taxable Value: $452,693 Assessed Value: $452,693 Ii
. Property Class: 401
/
i . Tax Bill Number 06814 Last Receipt Number:
ILast Payment Date: 03/02/2009 Number Of Payments 1 ,1,1
IBase Tax: $5,571.00 Base Paid: $5,571.00
'Admin Fees: $0.00 Admin Fees Paid: $0.00 !
Interest Fees: $0.00 Interest Fees Paid $0.00 i
Fees: _. .__ . I
I
Tax Bill Breakdown for 2008 Winter
Authority ._ Millage Rate Amount Base Amount paid!
I-FiREFUND-TWP 3. 257500 __ __ __-_._-_-.- $1$,47 ..641 -----_--._--$-1$,-4573-44-..-61-47---.--- 4
[GENERAL FUNO-TWP . 1.180000 _ 534 171
[Q!lCE FUNO-TWP 3.862400 __ $1,748.48_ ... __n_'___ n
!POL/FIRE PENSION------ 1.000000 $452.69 $452.691
It--: ------- $2.4al
MA . . __ ......
I MACOM8 ZOO AUTH 0.100000 $45.26 $45.26
IVETERANS OPER 0.040000 $18.10 ._ $18.10
-_.----...---.-
f..:1::...::1=:3L=---=-94.:...c2=-:0-=.08=--- .......::0-'-".0-=.00""Oo.:::O.::,.0
._________ 20.965800 $5,571.00 _. .
IE) 2008, Summer $7,385.30 $7,385.30 09/15/2008 $0.00
2007, Winter $3,855.40 $0.00 $3,855.40 **Read Note Above
2007, Summer $4,599.61 $4,599.61 10/03/2007 $0.00
2006, Winter $1,590.90 $1,590.90 02/27/2007 $0.00
2006, Summer $1,709.30 $1,709.30 09/14/2006 $0.00
!ill 2005, Winter $1,146.81 $1,146.81 02/27/2006 $0.00
@J 2005, Summer $985.66 $985.66 09/06/2005 $0.00
:l 2004, Winter $1,179.06 $1,179.06 02/03/2005 $0.00
2004, Summer $909.15 $909.15 09/03/2004 $0.00
2003, Winter $1,056.35 $1,056.35 02/18/2004 $0.00
2003, Summer $850.90 $850.90 09/08/2003 $0.00
@J 2002, Winter $1,352.06 $0.00 $1,352.06 **Read Note Above
2002, Summer $760.73 $760.73 09/06/2002 $0.00
2001, Winter $1,131.52 $1,131.52 02/25/2002 $0.00
ffij 2001, Summer $696.95 $696.95 09/14/2001 $0.00
2000, Winter $1,133.74 $1,133.74 02/27/2001 $0.00
2000, Summer $691.40 $691.40 09/14/2000 $0.00
Exhibit "A" Page 35 of 72
Page J of J
**Disclaimer: 85M Software provides this Web Site as a way for municipalities to display information online and is not responsible for the
content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANT'( of any kind, expressed or
inferred. Please contact your local munidpality if you believe there are errors in the data.
Privacy Policy
Exhibit "A" Page 36 of 72
2009 SUMMER
TAX STATEMENT
PAYABLE JULY, 1-SEPT.14, 2009
(ffarlCf %wnsJup
WITHOUT PENALTY OR INTEREST
PAUL VIAR, TREASURER NO TOWNSHIP TAXES APPEflR ON THIS STATEMENT
52700 Van Dyke' Shelby Township, MI 48316
(586) 731-5145' wwwshelbytwp.org
"'
IMPORTANT INFORMA TJON - SEE REVERSE SIDE. Make check payable to: CHARTER TOWNSHIP OF SHELBY.
Exhibit "A" Page 37 of 72
Page I of I
Mark Kassab
.._. .. -.__.. ---- - - _ - - -.
From: Jaime Barra [barraj@shelbytwp.org]
Sent: Monday, September 14, 200910:10 AM
To: Mark Kassab
Subject: Summer Tax Amount
Attachments: Tax Impact Reeale Kassab.xls
Good Morning Mark,
The prorated tax amount for your home is $6,047.46
Please see the attached spreadsheet for the details
I have filled in this amount on your check, and have submitted it to the Treasurers office for payment of
your summer taxes.
Call my cell if you have any other questions.
Jaime
1-586-615-6613
11/nO()()Q
Exhibit "A" Page 38 of 72
Real Property Taxpayer
Kassab Mark & Heidi
Property Address
54135 Queensborough
Tax ID. Number
2009 Revised SEV
2009 Revised TV
Taxing Authority
Police & Fire Pension
General Fund
Police Operating
Fire Operating
County Operating
S.MAR.T.
H.C.MA
Macomb Community College
Macomb I.S.D.
County Drain Debt
Macomb Veteran Services
Macomb Zoological Society
Utica School Operating
Utica School Debt
State Education Tax
23-07-10-278-006
362,500
362,500

Millage Rate
0.0000
0.0000
00000
0.0000
4.5685
0.000.0
0.0000
14212
2.9430
0.0000
0.0000
0.0000
0.0000
1.7500
6.0000
16.6827
Tax Levy
0.00
0.00
0.00
0.00
1,656.08
0.00
000
515.18
1,066.83
0.00
0.00
0.00
Exempt
634.37
2,175.00
Total of all Taxing
Exhibit "A" Page 39 of 72
APPRAISAL REPORT
of
54135 QUEENSBOROUGH
SHELBY TOWNSHIP, MI48315
As Of:
SEPTEMBER 302008
Prepared For:
MR. MARK KASSAB
54135 QUEENSBOROUGH
SHELBY TWP.. MI 48315
Prepared By:
JOSEPH 0 MANZELLA
TIME SAVING APPRAISAL
12956 TOWERING OAKS DR
SHELBY TWP, MI48315
Exhibit "A" Page 40 of 72
INVOICE
Date: MAY 12, 2009 File No,
Case No.
090409
Prepared for:
MR MARK KASSAB
54135 QUEENSBOROUGH
SHELBY TWP. MI 48315
Property Appraised:
KASSAB
54135 QUEENSBOROUGH
SHELBY TOWNSHIP, MI 48315
Work Performed:
Residential Appraisal $ __
$----
$----
ANY QUESTIONS, PLEASE CALL US AT (1-586-781-2927) $ _
$----
------------------------ $------
Tolal Amounl Due $ __
Please make checks payable to:
TIME SAVING APPRAISAL
12956 TOWERING OAKS DR
SHELBY TWP. MI48315
ClickFaRMS Appraisal Software 800-622-8727
Exhibit "A" Page 41 of 72
TIME SAVING APPRAISAL
12956 TOWERING OAKS OR
SHELBY TWP, MI 48315
MAY 12, 2009
MR. MARK KASSAB
54135 QUEENSBOROUGH
SHELBY TWP, MI 46315
RE: KASSAB
54135 QUEENSBOROUGH
SHELBY TOWNSHIP, MI46315
File No 090409
Case No.
Dear MR. KASSAB:
In accordance with your request, I have personally inspecled and prepared an appraisal report of the real
property lOC<lted al:
54135 QUEENS60ROUGH, SHELBY TOWNSHIP, MI 46315
The purpose of Ihis appraisal is 10 estimate the markel value 01 Ihe property described in the body of this
appraisal report.
Enclosed, please find the appraisal report Which describes certain dala gathered during our investigalion
of the properly. The methods of approach and reasoning in Ihe valualion of the various physical and
economic faclors or the subject property are contained in this report.
An inspection of Ihe property and a sludy ot pertinent factors, including valualion trends and an analysis ot
neighborhood data, led the appraiser to the conclusion that the market value, as of SEPTEMBER 30,2006
is:
725,000
The opinion of value expressed in this report is contingent upon the limiting conditions attached to this
report,
II has been a pleasure to assist you. If I may be of further s e r v i ~ to you in Ihe fUlure, please lei me know.
Respectfully sUbmitled,
JOSEPH 0 MANZELLA
Exhibit "A" Page 42 of 72
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Eliz.abelh Rd
Case No. 0900028101
Ml. Clemens, MI 48043
Report No 0900028101.1
586 469-5151
P"oori Dale: 1/15/2010 1
Page I or 12
Sc):e<l BRIBERY INVESTIGATION
C<". So,,,,, V. Verified 12/31/20095:26:11 AM,

c<-.qy 50. Macomb 11272 . Daniels, David 11272 Daniels, David
'Jenlic-.1 (};'l
11. Sh elby Twp 1/211201010:51:50 AM
'.";;:-:
11272 - Daniels, David
9/23/20091 :00:00 PM
Active
MT CLEMENS, MI 48043
43565 Elizabeth Rd
;"",:1;<.0" P.epeni
n
9 A Macomb County Sheriff 090100444
G,.: A Roc"" 1\-.< Crime Report -Ie: , ;J:
0 _N/A \If-J_ County Sheriff
";:;t; ) /"pf ,:;U
i

">:w <\)". If) "'::y'" V : ..
since 1990. Barra has served as a deputy assessor and since 2006 he has been JI he
day head of the Shelby Township Assessor's office. Vt ..
That Mark Kassab gave Jaime Barra $500.00 while they were in Barra's Shelby Township
date of the exchange of this money is unclear- however both Barra and Kassab believe it
sometime between December 2008 and early 2009 sometime in March or April around the Easter
holiday. At the time of the $500.00 exchange of funds Kassab was active in Shelby Township
politics as a member of the Shelby Township Planning Commission. In addition to his position in
local government Kassab also C()nducted business with Shelby Township in his capacity as a Vice
President of M. Shapiro Development Company. Shapiro and/or Kassab had (3) issues that were
being reviewed by Ihe Shelby Township Assessor's Office during this time frame. These issues are
as follows:
1) A November 5, 2008 Market Street Parcel Split application (4534.3 Market Street) which Kassab
was acting as an agent for the property owner Independent Bank. The split was approved on
February 17,2009. (This is the split that Barra speculates was the motive for the $500.00 payment)
2) Kassab also dealt with the Assessor's office on a property tax on another Market Street
parcel upon which a two story next 10 the Costco's propert'{was located. Again, Kassab
was acting as the agent for Independent Bank.
3) Kassab was also appealing his Personal Property Tax Assessment. An independent Shelby
Township Tax Assessment Board of Review agreed to lower the assessed value of Kassab's
property; as a result a Stipulation for Entry of a Consent Judgment was approved and signed by
Jamie Barra on July 17,2009 Kassab's personal property assessment was reduced from
$415,000.00 to $ 362,500,
Mark Kassab was also appointed to the Shelby Township Downtown Development Authority on
July 21,2009.
Mr. Barra will state thaI Mark Kassab has never solicited a favor from him; nor has he (Barra) ever
asked for anything in return from (Kassab) (or any work that he has done. Barra will also state thai
Exhibit "A" Page 43 of 72
1
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
'Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586469-5151
Report Date: 12/11/2009
Page 1 of 12
Subject THREATS COMPLAINT
Reporting Ofr'cer
Case Report Sia Ius Enlered On 12/11/2009 11 :06:20 AM
A - Approved
Agency Counly Enlered By 11272 - Daniels, David 11272 - Daniels, David
50 Macomb
Agency Verif,.dOn 1/15/20105:43:02 AM
11 - Shelby Twp
Cil},rrOwnship
Assisled By
Verified By 11272 - Daniels, David
Occurred On 1/15/20105:43:36 AM
6/9/2009 1:00:00 PM
Or Belwee'l Approved By 11272 - Daniels, David
Relaled Cases Agency Assisled
Business Name
Disposilion Active
localion 43565 ELIZABETH RD
Excp Clear Reason
csz Mt Clemens, MI 48043
E,cp. Clear Dale Cal/lor Service"
Cp.nsus/Gp.o Code
Jurisdiclion
Reporting Agency
Macomb County Sheriff 090068188
Report Type Grid
0- NIA
Crime Report
Division
Sector
0- NIA
Macomb County Sheriff
Map
Notifled
0- NIA
Related Cases
Call Source
Telephone
Vehicle ACli',ljly
Dir. Veh. Traveling
Cross Street
Means
Motive
INTRODUCTION:
On 9-2-09 I was assigned this case by Chief of Staff Captain Wickersham. I was advised that Shelby
Township Chief of Police Robert Leman had requested the Sheriffs Office assistance in a threats
complaint that involved elected officials of Shelby Township. Prior to the beginning of this
investigation, I met with Chief Leman and Detective Lieutenant Stansbury of the Shelby Township
Police Department. We discussed the information provided by Janet Elliot I was supplied with a
written statement from Elliott as well. In addition I was also supplied with a flier that identified a
fundraiser that was held on July 15, 2009 at 54135 Queensborough in Shelby Township. This is the
residence of Planning Commission member Mark Kassab. A $200 donation was listed on the flier
made payable to the Concerned Citizens of Macomb; which is the political action (PAC) committee
for Shelby Township Treasurer Robert Paul Viar. I advised Chief Leman that I would be in contact
with him and I asked that the information we discussed remain confidential due to the nature of the
complaint and the individuals being investigated.
CASE OVERVIEW:
The complaining victim, Jan Elliott, serves on the Shelby Township Planning Commission. The
person accused of making the threating statements to Elliott Is the Treasurer of Shelby Township,
Robert Paul Viar. Elliott reported to Chief Leman that she received a telephone call from Viar on
June 9,2009. The purpose of the conversation centered over a petition to rezone a parcel of
property that was scheduled to be presented to the Shelby Township Planning Commission the
following day June 10,2009. Elliott opposed the petition while Viar supported the rezone petition.
Per Elliott during the course of the conversation Viar became irate and threatened Elliott by saying
"aren't you worried one day that you might come home to find your house burned down?" Due to
the nature of Viar's comments and the enraged manner in which he was communicating, Elliott took
Viar's statement(s) as a direct threat. Elliott became physically ill, she was shaking and in tears
when the conversation ended. As a result of the threatening telephone communication initiated by
Viar, Elliott failed to appear at the June 10,2009 meeting of the planning commission. The minutes
from the June 10, 2009 Shelby Township planning commission meeting show that Elliott was the
only planning commission member not present. The specific petition to rezone the parcel of
property was approved. The phone call was witnessed by her husband, John Elliott.
Prinled For.
"'eIRMS MICR rll v21
Prinled. :::-2'--:. 2:::0'-:-0
Exhibit "A" Page 44 of 72
2
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
tase No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586 469-5151
Report Date: 12/11/2009
Page 2 0112
INFORMATION:
On June 10, 2009, the Planning Commission was scheduled to vote on a proposed rezoning of a
parcel of property located at the southwest corner of Twenty-Four Mile Road and Schoenherr
(Parcel No. 23-07-14-200-009) commonly known as 13480 Twenty-Four Mile Road. The request to
rezone the property from R-1-B, which is one-family residential, to 0-1, which is professional office
was presented by attorney Phillip Ruggeri for the property owner Michael E. Torres DBA:
University Builders Inc. The petition to mzone this property was formally presented to the Shelby
Township Planning Commission on January 14, 2009. However it is believed that the plan to rezone
this property had been discussed at a Shelby Township Planning Commission work study session
dating back to August 20, 2008.
The Shelby Township Planning Commission responsibilities include adopting a long range plan for
the community by developing a Master Plan; in addition, development proposals submitted to the
Shelby Township Board of Trustees are reviewed by the Planning Commission and/or the Zoning
Board of Appeals. As part of this function, the Planning Department is responsible for the
administration of the Zoning Ordinance and other land development regulations.
INITIAL INTERVIEW OF JANET ELLIOTT
On 9-3-09, I went to Jan Elliott's residence to interview her regarding her complaint. Upon arrival, I
met with Jan Elliot and her husband John. Jan Elliott explained her history of working on the
Shelby Township Planning Commission, she was appointed in 2002 by the previous township
supervisor, Skip Maccarone. She took a brief time off from the Planning Commission for personal
reasons, however she was reappointed to the position in 2008 by the current township supervisor,
Richard Stathakis. Elliott stated she believed it was her civic responsibility to serve on the
Planning Commission believing the job was important and she took the responsibility very
seriously.
We centered our conversation on the June 9th phone call that she had received from Paul Viar.
Elliott stated that during the course of her tenure as a Planning Commissioner, her relationship with
Viar was difficult. She stated that Viar had a reputation of being a bully to anyone who opposed his
thoughts or ideas regarding the development of the township, Elliott stated that Paul Viar had
made statements in the past that she was a "Maccarone spy" and that he did not trust her. Per
Elliott, Viar also verbally assaulted other members of the Planning Commission, in particular Phil
Frame.
Elliott described the phone call she received from Paul Viar on June 9th as threatening and
intimidating in nature. Elliott stated that without exchanging introductions Viar began to shout
loudly and voraciously stating that Elliott was making a bad name for herself with the developers in
the Township. Viar specifically referenced the Shelby Township Planning Commission public
hearing that was to occur the following evening, June 10, 2009. Per Elliott, during the course of the
conversation, Viar threatened Elliott by saying "aren't you worried one day that you might come
home to find your house burned down?" Elliott took that statement as a direct threat to her
personal safety due to her position on the proposed rezoning. Elliott had made pUblic her views
that she felt that the rezone proposal was in conflict with the master plan, also that there was no
need for office or commercial development at that location and the residents in that area were
opposed to the rezoning. Elliott stated that Viar took issue with her opinion and stated that the
master plan didn't mean anything and that the rezoning would be good for the township. It is
Elliott's opinion that Viar's actions were intentional and that he was successful in threatening her,
as a result Elliott failed to appear at the June 10,2009 Planning Commission meeting to cast her
opposing vote. The phone call was witnessed by her husband, John Elliott. I asked for a copy of the
Elliotts phone bill for this time period- Elliott indicated that she would attempt to retrive them for
me.
Elliott reported the call to the Planning Director Glenn Wynn however she made an excuse that she
could not attend the June 10th meeting because of family obligations. Elliott also advised me that
Prinled: Gclobe, 21. 2010 1053 AM
Exhibit "A" Page 45 of 72
3
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
'Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586 469-5151
Report Date: 12/11/2009
Page 3 of 12
she had discussed the call with planning commission members specifically Phil Frame, Mike
Thornton and Mark Kassab. Elliott stated that Phil Frame told her that he had received a phone call
from former Shelby Township Trustee and current Macomb County Board of Commissioner James
Carabelli referencing this specific rezoning request as well.
I asked why she took so long to report the threat, Elliott stated that she had reported the call to
Glenn Wynn thinking it would be resolved, in essence she told her supervisor. Elliott advised me
that she received a call from Township Supervisor Rick Stathakis and Township Human Resource
assistant Rena at her home at or around August 26, 2009 about this incident. Elliott believed that
Stathakis had learned about the incident from Phil Frame. Per Elliott Rick Stathakis and H.R.
Assistant Rena encouraged her to contact Chief Leman to report the incident.
I asked why she felt that the Township Treasurer would be interested in this rezone petition. Elliot
was specific about her thoughts on this issue. It was clear to her that Paul Viar had a interest in
seeing that the re-zoning of the Twenty-Four Mile and Schoenherr area would be passed. Elliott
stated that she had discovered through the Michigan Department of State Bureau of Elections that
the petitioners for the rezoning, Phillip Ruggeri representing Michael Torres and University
Builders, had been contributors to the political action committee for Paul Viar and the current
supervisor, Richard Stathakis. Viar's PAC is identified as Concerned Citizens of Macomb.
I advised Elliott that the investigation was on going and that she should not discuss our interview
with anyone as it would most certainly hinder the investigation. Our inital interview was concluded
at this lime.
SUMMARY:
During the course of the interview, it was apparent to me that Elliott felt threatened and intimidated
by the phone call she had received from Treasurer Paul Viar. The petition to rezone the property
located at the southwest corner of Schoenherr Road and Twenty-Four Mile Road from R-1-B, one
family residential, to 0-1, professional office, rezone application #8-08, was approved by the Shelby
Township Board of Trustees on August 4, 2009. This recommendation by the Planning
Commission to the Township Board was in direct opposition of many residents in the area as is
documented in the minutes of both the January 14, 2009 and May 14,2009 Planning Commission
meetings and the minutes of the August 4, 2009 meeting of the Shelby Township Board of Trustees.
The information on a possible motive for Viar to make a threatening and intimidating phone call to a
Planning Commission member who was in opposition of this rezoning is as follows: the site for the
development encompasses approximately (13) thirteen acres. Members from both the Shelby
Township Planning Commission and Shelby Township Board of Trustees have estimated the value
of this property when zoned residential as being between $20,000 and $30,000 per acre. With the
rezoning to professional office, this estimated value is believed to be $125,000 per acre which
i n c r ~ a s e s the value of the land from approximately $400,000 to approximately $2 million dollars.
Reports filed with the Michigan Department of State Bureau of Elections identify the petitioner for
the rezone, Phillip Ruggeri, as a contributor to Paul Viar's Political Action Committee, known as the
Concerned Citizens for Macomb (CCM). Ruggeri contributed $3000 to Concerned Citizens for
Macomb in both 2008 and 2009. The 2009 contribution was made at a fundraiser held at Planning
Commissioner Mark Kassab's residence. The information on the contribution(s) will be addressed
later in this report.
INTERVIEW OF PHIL FRAME
On 9-4-09 I met with Mr. Phil Frame to discuss the investigation. Frame explained that he is
currently a member of the Shelby Township Planning Commission and has been since 2006 when
he was appointed to this position by then Supervisor Skip Maccarone. Frame stated that he is
familiar with Shelby Township government and acknowledged that he was aware of the
Exhibit "A" Page 46 of 72
4
M a ~ o m b County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586 469-5151
Report Date: 12/11/2009
Page 4 of 12
investigation as this was common knowledge among the Shelby Township government offices.
Frame stated that he learned from members of the planning commission that Jan Elliott had
received a phone call from Paul Viar regarding her vote on the re-zoning of the Twenty-Four Mile
and Schoenherr petition. Frame stated that he spoke to Elliott regarding the call she received from
Paul Viar. Frame stated that Elliott told him she was threatened by Paul Viar; specifically that Viar
had stated "one day you might come home to find your house burned down."
Frame stated he had conversations with other Planning Commission members who indicated they,
too, had received phone calls from the petitioners trying to influence their vote to support the
rezoning issue. Frame stated that he believed Jan Elliott was intimidated which is why she did not
appear at the June 10th meeting. Frame stated he had also discussed this issue with Planning
Director Glen Wynn this took place on the evening of June 10th; the Planning Commission had just
passed the rezone petition. Members of the commission went out socially and discussed the phone
calls they had received and the threatening phone call Jan Elliott had received from Paul Viar.
Frame went on to tell me about a phone call he had received that he described as unusual. Frame
explained that in addition to the Shelby Township planning commission position he also was
appointed by the Macomb County Board of Commissioners as the Director of Public Relations for
Macomb County in July of 2004. However he had just recently been laid off as his position was
eliminated by the Macomb County Board of Commissioners.
As the Director of Public Relations, one of his responsibilities was to gather biographical
information on any new members of the Macomb County Board of Commissioners. In January,
2009, James Carabelli was elected to the Macomb County Board of Commissioners representing
District 12 for Shelby Township. Carabelli previously served as a Shelby Township Board Member
Trustee. Beginning in January 2009 Frame made numerous attempts to interview James Carabelli
so he could put Carabelli's biography on the Macomb County website however he had never
received a call back from Carabelli.
On March 13th, 2009 Frame received a call from Carabelli. Thinking that Carabelli was finally calling
him back regarding the biographical information, Frame returned Carabelli's call. When they spoke,
Frame discovered that Carabelli was not contacting him regarding the biography 'information, rather
Carabelli was lobbying Frame for his support and approval of the rezoning petition for the Twenty
Four Mile and Schoenherr property. Frame stated he thought the nature of the call was
inappropriate as Carabelli was a member of the Macomb County Board of Commissioners. Frame
believed Carabelli should not be calling a Planning Commissioner for Shelby Township asking for
this type of consideration and support. Frame explained that they were both well aware that
department heads in Macomb County were being forced by the Board of Commissioners to make
budget cuts and that his position was in jeopardy of being eliminated. Frame was left with the
feeling that if he gave Carabelli the support he was seeking, that Frame's position with Macomb
County would not be eliminated as Carabelli would lend him his support.
With regards to the rezoning petition Frame advised me that he had opposed the petition. Fram'e
stated that with a stroke of the pen, the property value of the rezoned parcel had increased to
approximately $4 million to $5 million dollars. Frame stated he felt the rezoning was inappropriate
for the township, it went against the master plan that he had worked diligently on and that
numerous residents and the majority of the Planning Commission itself were opposed to the
rezoning. It was Frame's opinion that Paul Viar and Richard Stathakis had been working together to
place individuals on the Planning Commission who would support their initiatives for future
rezoning and developments in the Township.
Mr. Frame described his relationship with Paul Viar as adversary, dating back to 2008 when he was
verbally accosted by Viar regarding a proposed amendment to a builder's home development
project that was located at the Twenty-Two Mile Road Ford Proving Grounds location. Frame
Prinled. October 21. 2010 1053 AM
Exhibit "A" Page 47 of 72
Ma.comb County Sheriff Crime Report
Case No. 0900027048
Report No. 0900027048.1
Report Date: 12/11/2009
Macomb County Sheriff
43565 Elizabeth Rd
Mt. Clemens, MI 48043
586469-5151
5
Page 5 of 12
related an incident recently where Viar approached him at a Planning Commission meeting and
stated to him that now that James Carabelli was on the Macomb County Board of Commissioners,
his first order of business was to eliminate Frame's position. Per Frame, it should be noted that
this contact took place prior to the telephone call that Frame received from Carabelli lobbying
Frame for his support and approval of the rezoning petition for the Twenty-Four Mile and
Schoenherr property.
Frame went back to the statement he had made to me previously that there would be no reason for
Carabelli to make the phone call to him referencing the rezoning of the parcel other than Carabel/i
leading Frame to believe that a favorable vote for the rezoning would garner Carabelli's support to
the County of Board of Commissioners in saving Frame's job. Frame recognizes and
acknowledged that his job was in jeopardy prior to Carabelli being appointed to the Macomb
County Board of Commissioners. However, his fear is that Paul Viar and James Carabelli have
strong political ties in Macomb County and that as a result of his no vote to the rezoning issue, as
well as past opposition to issues supported by Viar and Carabelli, he lost his job with Macomb
County as the Public Relations Director.
I advised Frame that the investigation was on going and that he should not discuss our interview
with anyone as it would most certainly hinder the investigation. Our interview was concluded at this
time.
INTERVIEW OF MICHAEL THORNTON
On 9-8-09, I interviewed Shelby Township Planning Commission member Michael Thornton.
Thornton advised me that he had been on the Planning Commission since the year 2000 when he
was appointed by supervisor Skip Maccarone. Thornton stated he was also a member of the
Zoning Board of Appeals for Shelby Township. However due to recent events, specifically the
behavior and resolution surrounding the Twenty-Four Mile and Schoenherr petition, Thornton
decided to resign from both positions. Mr. Thornton also advised that he was contacted by WXYZ
Channel 7 local television media, specifically a person named Ross, in reference to the Twenty-Four
Mile and Schoenherr rezoning petition. Thornton stated he gave a brief statement and has not
been contacted by this individual since.
Thornton stated he is a commercial real estate realtor and has lived in Shelby Township for over
twenty-two years. He has conducted numerous commercial real estate transactions with in the
Township and felt that it was his civic responsibility to be a member of the planning commission
and zoning board of appeals, believing that his expertise in the commercial real estate market
would assist him in doing this job.
I explained to Mr. Thornton that I was investigating a threats complaint that was made by a Shelby
Township Planning Commissioner. Thornton stated he was aware of the investigation and
indicating that it was common knowledge among the planning commission members and the
Shelby Township local government employees. I advised Mr. Thornton that my investigation was
surrounding a threats complaint that was made by Janet Elliot and asked him if he could tell me
what he knew about this incident. Thornton stated that he had discussed the incident with Jan
Elliott. Elliott had advised Thornton that she had received a threatening phone call about her
position on the rezone issue and that she was warned that her house may be burned down.
Thornton stated that the call came from Paul Viar.
Thornton stated that during the course of the rezoning hearing(s) for the Twenty-Four Mile and
Schoenherr petition, that planning commission members that had opposed the rezone had been
contacted by individuals from either the Shelby Township Board of Trustees or the actual
petitioners, Phil Ruggeri and/or his associate Scott Kelly. Thornton stated that he was contacted by
Scott Kelly seeking his yes vote on the rezone petition. During his conversation with Kelly, he
(Kelly) made it clear to Thornton that of the nine members on the Shelby Township Planning
Commission, Ruggeri was aware of the four commissioners who were going to vote yes, and the
Pr;nled October 21. 2010 , 0:53 AM
Exhibit "A" Page 48 of 72
6
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
tase No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586 469-5151
Report Date: 12/11/2009
Page 6 of 12
four commissioners who were going to vote no. Kelly was lobbying Thornton to vote yes on the
rezone petition. Thornton stated he brought this conversation to the attention of the Chairperson of
the Planning Commission, Jerry Moffitt, who also sits on the Shelby Township Board of Trustees.
Thornton stated that Moffitt assured him that he would offer training sessions to all new planning
commissioners on receiving calls from developers and conflicts of interest. Thornton stated that to
date, no such training has been conducted.
Thornton advised me that one member on the Planning Commission whom he felt was in favor of
the Twenty-Four Mile and Schoenherr rezone was Mark Kassab. Thornton stated that at the
planning commission meeting on May, 14, 2009, which was open to the public, Mr. Kassab had
asked that the vote on the development petition be postponed. It was Thornton's opinion that
Kassab was sensing that the vote may go down; Kassab's motion to move the vote to a different
date would allow the developers to bring in alternative plans and for a traffic study to be conducted.
Thornton stated that during the meeting, Kassab advised the residents in attendance that they
should sit down with developers and compromise on screening this project. Thornton stated he
felt that Kassab's statements were inappropriate and that he had never before heard a public
official request of the residents that they sit down and compromise with developers on a rezoning
application prior to the property being formally rezoned. Thornton's opinion was that this made
the residents feel that this rezone petition was already completed and if they did not sit down with
the developer and compromise, that they may not have an opportunity later.
Mr. Thornton offered the following information as a chronological timeline of the petition for the
rezone of the Twenty-Four Mile and Schoenherr property.
August 20,2008 plan discussed to rezone the property at a work study session of the Planning
Commission.
On January 14, 2009 the Planning Commission turned down the original plan that was presented by
the Petitioners, Phil Ruggeri and Mike Torres. Thornton felt that this area west of Schoenherr and
south of Twenty-Four Mile should remain zoned R-1-B with a Planed Unit Development or PUD
allowing for smaller lots. They directed the petitioners to respond to their opinions and
recommendations before they presented their petition and PLIO again.
At the May 14, 2009 meeting, Thornton stated he was concerned when the Petitioners, Ruggeri and
Torres resubmitted plans to rezone the entire 12.68 acres from R-1-B (residential) to 0-1 (office)
with a PUD application for commercial development. Thornton stated that the original petition to
rezone the corner commercial approximate five acres was much different than rezoning the entire
12.68 acres to 01 (ofiice) with a companion application to commercial. This would there by
approve the entire 12.68 acres to either office or commercial and would mean rezoning to the entire
corner. Thornton thought this request was inappropriate and unheard of in today's economic
market downturn. He felt there was no need for new construction to warrant such a request and
that lenders are not lending money on large projects al,ld finally, it did not meet the master plan. He
also voiced his opinion that, if rezoned, the value of the land goes from approximately $600,000 to
over $2.5 million dollars, in essence making this rezone a $2 million deal.
Thornton stated that prior to the May 14, 2009 meeting; he was called by an associate of Phil
Ruggeri identified as Scott Kelly seeking a yes vote on the project. Kelly told Thornton that if they
did not receive the petition, his group (that being Ruggeri's group) would take it outside of the
Township and file a civil complaint against the Township requesting a consent judgment in
Macomb County Circuit Court.
Thornton concluded his thoughts by stating that the rezoning had previously been denied by past
Planning Commission members, residents who lived in the area and the Shelby Townshp Planning
Director Glenn Wynn. In addition since the original vote in January, 2009, the Planning
Commission had vQted in a new Chairperson, Jerry Moffitt, the township had voted in a new
P"nled. OClober 21,2010 1053 AM
Exhibit "A" Page 49 of 72
7
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586469-5151
Report Date: 12/11/2009
Page 7 of 12
Supervisor, Richard Stathakis; and Stathakis had appointed four new commissioners to the
Planning Commission.
Thornton stated that he had a problem with the recommendation to approve the petition because
Planning Commissioner Janet Eliot was not present to offer her views and ultimately her vote.
Thornton stated that Elliott was consistent in her opposition to this plan and the influence she may
have had on the new commissioners was important. By Elliott not showing up to the June 10th
meeting, Thornton believed it was a sure stamp of approval that the petition would pass.
Thornton's belief and opinion is that the behavior of the petitioners of this application was
inappropriate to say the least and that by contacting members of the Planning Commission to
solicit, intimidate or influence votes of public officials was criminal behavior.
I advised Thornton that the investigation was on going and that he should not discuss our interview
with anyone as it would most certainly hinder the investigation. Our interview was concluded at this
time.
)ffense Detail: 5309 Harassing Communications
Offense Description
tBR Code
IBR Group
Crime Against
Offense File Class
PACC
Local Code
Using
Crimnal Activily
Force level
Weapons
5309 - Harassing Communications
90Z - All Other Offenses Local;on Type
B Offense Compleled?
Hale/Bias
Domestic Violence
53002 PUBLIC PEACE
OTHER
)uspect S1: VIAR, ROBERT PAUL
11 - GovernmenUPublic Building
Yes No. Prem Entered
00 - None (No Bias) EnltyMelhod
No Type Security
TOOls Used
SuspeCI Number
Name
Aliases
Alert(s)
Address
CSZ
MO
Allire
Habitual Offender
Slaivs
S1
VIAR, ROBERT PAUL
53134 ALYSSA CT
Shelby Twp, MJ 48316
006
Age
Sex
Race
Elhn;c;ly
HI.
WI.
Eye Color
Hair Color
Ha;r S l ~ e
Hair Lenglh
Fadal Hair
Complexion
Build
2/7/1934
75
M - Male
W White
U - Unknown
6'0"-1'0"
190
BRO - Brown
Place of 6irth
SSN
DLN
V-600745-676-101
DL Slale
MI - Michigan
DL Country
OccupaHon/Grade
Treasurer
Employer/School
Township of
Shelby
Employer Address
52700 Van Dyke
Errployer CSZ
Shelby Township,
MI 48316
Res Counly
Macomb
Res. Counlry
USA United
States of America
Residenl Stalus
R - Resident of
the community,
city, or town
where the offense
occurred
Exhibit "A" Page 50 of 72
8
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586 469-5151
Report Date: 12/11/2009
Page 8 01 12
Teelh
Phone/Email
Type Descriplion
HM - Home Phone #1 586 781-8533
Supplemenlal IDs
10 Type 10 Nurme' ID Issue' Name
Physical Characlerislics
Type Descriplor Description
Suspect Notes
Victim V1; ELLIOTT. JANET MARIE
Victim Code V1 ViclimOI
5309 - Harassing Communications
Victim Type I - Individual
Name DOB Place 01 Bi,th
ELLIOTT, JANET MARIE 6/25/1951
Aliases Age SSN
58
Alert(s) Sex DlN
F - Female E-430-368-585-497
Ol State Race
W - White
Address Ethnicity Dl Counlry
8500 BELLMAN AVE U . Unknown
CSZ HI Occupation/Grade
Shelby Twp, MI 48316
WI Employe,/School
Township of
Shelby
Allire Eye Color Employer Address
52700 Van Dyke
Injury Hair Colcr Employer CSZ
Shelby Township,
MI 48316
Citcumsfances Facial Hair Res Counly
Macomb
Complexion Res. Counlry
USA - United
States of America
Residenl Stalus
R - Resident of
the community,
city, or town
where the offense
occurred
:>hone/Ernail
rype Description
HM - Home Phone #1 586781-0002
2J!Qil.temenlal IDs
DType ID Number 10 Issuer Name
Teslily
, ...
aw "JuSiifiabi"e""Homicide"T ..
Jllicer Killed or
Circumstances !
Assignment
\ssaulled
nlormation
Acli ....ify
,_.- _oiii-e;-ORr--
_. . -.. . -"-'-'" . ..,
/iclim ONender Relalionships
JNender Relalionship
51 - VIAR, 20 . Victim Was Acquaintance

:>AUL
Printed. OClober 2'. 2010 - 10 53 AM
Exhibit "A" Page 51 of 72
9
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586469-5151
Report 0 ale: 12/11{2009
Page 9 of 12
Viclim Noles
Nitness W1: ELLIOTT, MICHAEL JAMES
Witness Code
Name
Alias::'!s
Alerl(s)
Address
CSZ
AHire
W1
ELLIOTT, MICHAEL JAMES
8500 BELLMAN AVE
Shelby Twp, MI 48316
DOB
Age
Sex
Race
Elhnicily
HI
WI.
Eye Color
Hair Color
Facial Hail
Complexion
M . Male
W. White
U. Unknown
Place of Birth
SSN
DLN
Dl Srale
Dl Country
Occupation/Grade
Employer/School
Employer Address
Employe< CSZ
Res Counly
Res.Counlry
Resident Sialus
E-430-603-744
265
Macomb
USA United
States of
America
Teslily
Phone/Email
Type Descriplion
SupplemenlallDs
10 T,pe 10 Number 10 Issuer Name
Nilness Noles
Witness W2: DEARLOVE, CHRISTINE
Witness Code
Name
Aliases
Alert(s)
Address
CSZ
W2
DEARLOVE, CHRISTINE
14184 TOWERING OAKS DR
Shelby Twp, MI 48316
Race
Elhnicily
HI.
DOB
Age
Sex
Wt
Eye Color
W. White
U - Unknown
2/28/1944
F - Female.
Dl Siale
DL Counlry
Occupation/Grade
Employer/School
Employer Address
Place of Birth
SSN
DLN
0-641-115-501
153
Allire Hair Color
Fadal Hair
Complexion
ElTjlloyer CSZ
Res. County
Res. Country
Macomb
USA. United
Residenl Sialus
States of
America
Testify
Phone/Email
Type
HM - Home Phone #1
Description
586 7815265
Supplemental IDs
ID Type
ID Number 10 Issuer Name
Nitness Noles
Primed' Oclober 21. 2010 - 10:53 AM
Exhibit "A" Page 52 of 72
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586469-5151
Report Date: 12/11/2009
10
Page 100112
Witness W3: FRAME, PHILLIP WILLIAM
Witness. Code
W3
DOB
Nacre
FRAME, PHILLIP WILLIAM
Age
Aliases Sex
Alerl(s)
Race
Elhnialy
Address HI.
56488 KJRKRJDGE TRL
CSZ WI.
Shelby Twp, MI 48316
Eye Color
Allire Hair Color
Facial Hair
COlTYf>lexion
Phone/Email
Type Description
HM - Home Phone #1 586677-7846
CE - Cell Phone #1 586914-5562
SupplemenlaJ IDs
ID Type 10 Number
Witness Noles
Witness W4: WYNN, GLENN ROBERT
10/22/1954
M - Male
W - White
U - Unknown
IDIs.suer
Place 01 Bjrth
SSN
DLN
F-650-683-887"
815
DL Slale
DL Country
OccupalioniGrade
Employer/School
Employer Address
Employer CSZ
Res Counly Macomb
Res.Country USA - United
States of
America
Resident Status
Teslity
Wilness Code
Name
Aliases
Alert(s)
Address
CSZ
W4
WYNN, GLENN ROBERT
40304 SPITZ DR
Sterling Heights, MI 48313
DOB
Age
Sex
Race
Elhnlclly
HI.
WI.
EyE Color
2/17/1953
M - Male
W - White
U - Unknown
Place 01 Birlh
SSN
DLN
DL Siale
DL Country
OccupalioniGrade
Employer/School
Empleyer Address
W-500-282-745
126
Allire Hair Color Employer CSZ
Fadal Hair
COr11>lexion
Res. County
Res. Counlry
Wayne
USA - United
States of
ReSil1enl Slatus
America
Testily
Phone/Email
Type
au Business Phone #1
CE - Cell Phone #1
Description
586 726- 7243
586 219-9484
Supplemental 105
ID Type
10 Number 10 Issuer Nacre
Nilnes-s Noles
Prinled. Oclober 21. 201010:53 AM
Exhibit "A" Page 53 of 72
M a ~ o m b County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586469-5151
Report Date: 12/11/2009
11
Page 11 of 12
Witness W5: KASSAB, MARK SALIM
Witness Code DOB
W5
Name Age
KASSAB, MARK SALIM
Aliases Sex
Alert(s) Race
Elhnidly
Address HI.
54135 QUEENSBOROUGH DR
CS2 WI.
Shelby Twp, MI 48316
Eye Color
Allire Hair Color
Facial Hair
Complexion
PhonelEmail
Type Oescriplion
BU - Business Phone #1 248 865-0066
CE - Cell Phone #1 248310-0536
SuOOlemenlal 105
10 Type ID Number
Nilness Notes
Nitness W6: THORNTON, MICHAEL F.
9/18/1964
M - Male
W - White
U - Unknown
6' 0" - O' 0"
185
HAZ - Hazel
10 Issuer
Place of Birth
SSN
DlN
Dl Stale
Dl Counlry
Occupation/Grade
EmployerlSchooi
Employer Add'ess
Employer CS2
Res. Counly
Res Counlry
Resident Slalus
Teslify
Name
K-210-585-758
699
MI- Michigan
Macomb
USA - United
States of
America
R - Resident of
the community,
city, or town
where the
offense occurred
Witness Code
W6
DOB Place of Birth
Name
THORNTON, MICHAEL F.
Age SSN
Aliases Sex
M - Male
DlN
T-653-603-261
929
Alert(s) Race
W -White
Dl Siale
Elhnidly
U - Unknown
Dl Counlry
Address
54290 ALGONQUIN DR
HI. Occupation/Grade
CS2
Shelby Twp, MI 48316
WI. E"l'loyerlSchooi
Eye Color Employer Address
Hair Col", E"l'loyer CS2
FAcial Hair Res. County
Macomb
Complexion Res. Country
USA - United
States of
America
Residenl Sialus
Teslify
'honelEmail
'ype Oescriplion
~ M - Home Phone #1 586781-2126
:;E - Cell Phone #1 586484-7881
Prinled Dclabe, 21.2010 1053AM
Exhibit "A" Page 54 of 72
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.1
586 469-51 51
Report Date: 12/11/2009
12
Page 12 of 12
Supplemenlal lOS
10 Type 10 Number 10 Issuer Name
JVilness Noles
tRI.IS MICR.rtl v21
Printed Octnber 21 7010 - 10'53 AM
Exhibit "A" Page 55 of 72
1
Maconlb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586469-5151
Report Date: 12/11/2009
Page 1 01 B
Subject: C3324 - Suspicious Circumstances
Reponing Officer
Case Repol1 Sialus A - Approved Entered On 12/17/2009 10: 44: 18 AM
Agency Counly 50 - Macomb Enlered By 11272 - Daniels, David 11272 - Daniels, David
Agency 68 - Mt Clemens
VenfledOn 1/15/20105:43:06 AM
CilyfTownship
Assisled By
VermedBy 11272 - Daniels, David
OccGrredOn 6/9/20091:00:00 PM
Approved On 1/15/20105:43:45 AM
Or Bel\veen Approved By 11272 - Daniels, David
Related Cases Agency Assisled
Business Name
Loc.lion 43565 ELIZABETH RD
Disposilion Active
Excp. Clear Reason
CSl Mt Clemens, MI 48043
Excp. Clear Dale C.II for Service #
CenSGs/Geo Code
Jurisdiction
Reponing Agency
Macomb County Sheriff 090068188
Repon Type
Grid 0 - N/A Crime Report
Division
Seelor
0- N/A
Macomb County Sheriff
Notified
Map 0 - N/A
Call Source
Relaled Cases
Telephone
Vehicle Aclivily
Oir. Veh Traveling
Cross Slreel
Means
Molive
Repor! Narr.live UPDATE BRIEFING CHIEF LEMAN
After my initial round of interviews, I contacted Chief Leman and updated him on the status of the
investigation. Chief Leman encouraged me to contact Lisa
Manzella who is a Shelby Township Board Trustee and Terri Kowal, the Shelby Township Clerk.
Chief Leman was discussing the investigation with both Manzella
and Kowal in an effort to assist with the investigation.
FOLLOW-UP INTERVIEW JAN ELLIOTT:
On 9-18-09, I made contact with Jan Elliott. Elliott forwarded an email that she had received from an
attorney's office identified as Clark Hill PLC, (address 500 Woodward Avenue, Suite 3500, Detroit,
Michigan). The letter stated that Clark Hill, acting on behalf of Mr. Paul Viar demanded that Elliott
retract statements that she was accused of making. The letter requested that Elliott cease and
desist from making false statements concerning Mr. Viar. The letter also advises Elliott that they
will pursue all available legal recourse on Mr. Viar's behalf. Ms. Elliott considered this a notice of a
defamation lawsuit and she wished to discuss this with me. I advised Elliott to respond to the Clark
Hill PLC letter by advising them that she had forwarded their concerns to the appropriate law
enforcement authorities and asked her to send a copy to Chief Leman, which she did.
After discussing the letter, I reviewed the progress of the investigation and the interviews I had
conducted with the Planning Commission members. I asked Ms. Elliott to outline her relationship
with Mark Kassab. Elliott stated that during the course of this incident, she had been confiding with
Mark Kassab. Initially, Elliott considered Kassab a friend and told him about Viar's threatening
phone call. She also discussed with him about the relationship that she had with Viar also about
the fundraiser that Kassab had held at his residence and that Phil Ruggeri had donated money to
Viar at that event. However when she reviewed the threating phone call and SUbsequent letter she
received from Clark Hill with Kassab, Elliott stated she became concerned because Kassab stated
that he "did not remember" her telling him Viar had threatened her. Elliott slated that at this point in
time. she was not sure if she could consider Mark Kassab a friend or foe. She stated that Kassab
should be able to substantiate the information she had related to him on her behalf, however she
Pnnted For
Prinled OClo'7""be-=r2=-=-'.--=-20::-:-10=-'--:-'0=-=.5--:-4- : - : A ~ - - : - I ----
Exhibit "A" Page 56 of 72
2
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586469-5151
Report Date: 12/11/2009
Page 2 of 8
began to think she could not trust him.
We discussed the information she had learned about the fundraiser at Kassab's residence and who
was in attendance. Elliott stated that she had received a phone call inviting her to the July 15th
fundraiser at the Kassab residence. She was invited to the event by Mark Kassab and was told that
Supervisor Stathakis, Treasurer Viar and other members of the Shelby Township Board of Trustees
and local government would also be in attendance. Elliott stated that she did not attend the
fundraiser.
Elliott had discovered that the petitioner for the Twenty-Four Mile and Schoenherr rezone, Phillip
Ruggeri, had donated money to Paul Viar's PAC at the July 15th fundraiser and she had discussed
this with Mark Kassab. Per Elliott, when she discussed the donation with Kassab he must have in
turn told Paul Viar; it was apparent after Kassab had informed Elliott that Viar "knew he took money
that may have not been appropriate" advising that Viar had returned the donation from his PAC that
he received at the July 15th fundraiser. Elliott thought it suspicious that Kassab would pass along
this information to her for Paul Viar.
At the end of our conversation, I cautioned Elliott about discussing this investigation with anyone.
Elliott advised me that she had conversations with Township Trustee Lisa Manzella and the
Township Clerk Teri Kowal. In addition she also sought advice from Skip Maccarone (the prior
Shelby Township Supervisor). She stated she understood my directions however she was upset
. about this entire situation and was trying to obtain as much information as possible to protect
herself. I asked Elliott if she would remain cooperative in this investigation after I requested a
warrant from the Macomb County Prosecutor's Office against Paul Viar on the threats complaint.
At this point, Elliott indicated she was apprehensive and did not want to go "toe to toe" with Viar if
she had to testify in court.
I explained that I understood but needed to know if she was going to pursue the complaint if a
warrant was authorized against Viar. Elliott stated she did not want to prosecute in this case;
however she was hopeful that a larger investigation would result from her reporting the threat to
Chief Leman. I advised Elliott that I would continue my investigation and would keep her apprised
of the status of he case.
Prior to clearing Elliott supplied me with the telephone records which I had previously requested.
MICHIGAN DEPARTMENT OF STATE BUREAU OF ELECTIONS REPORTS
Records obtained from the Michigan Department of StateBureau of Elections reveal that Phillip
Ruggeri has contributed the following amounts to the Concern.ed Citizens of Macomb: August 8,
2005 contribution $2,500.00, February 15, 2008 contribution $500.00, February 28, 2008
contributio$500.00, July 15, 2009 contribution 2,000.00. Records obtained from the Michigan
Department of State Bureau of Elections reveal that Scott Kelly contributed $2,000.00 on July 15,
2009 to the Concerned Citizens of Macomb.
The October 2009 Michigan Department of State Bureau of Elections Triannual report filed by the
Concerned Citizens of Macomb reveal that a $2,000 expenditure was made to both Phillip Ruggeri
and to Scott Kelly. As noted earlier in the interview with Michael Thornton Scott Kelly had
contacted Thornton in an effort to lobby for a yes vote on the rezone petition, Scott Kelly is believed
to be an associate or agent of attorney Philip Ruggeri.
UPDATE BRIEFING CHIEF LEMAN REVELATION OF $500.00 PAYMENT TO TOWNSHIP ASSESSOR
On 9-23-09, I was contacted Py Chief Leman and was briefed about the following information. Chief
Exhibit "A" Page 57 of 72
3
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
'case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586469-5151
Report Date: 12/11/2009
Page 3 01 B
Leman explained that on Friday, September 18, 2009, he was in his office discussing financial
matters with the acting department head of the Assessing Office, Jamie Barra. Per Chief Leman
Barra brought up the topic regarding rumors of an investigation being conducted with regards to
the Twenty-Four Mile and Schoenherr property rezone. Chief Leman stated that Barra asked to
speak with him "on the record as a matter of transparency" about an incident that took place earlier
in the year. Chief Leman advised me that Jamie Barra told him he had received a "$500 gift" from
Mark Kassab earlier this year. Per Chief Leman, Barra stated that Kassab had stated "the boys in
the office" appreciated the help with a parcel/property split that had been approved by his office; as
a result Kassab had provided the "gift" as a thank you.
It should be noted that the Shelby Township Board of Trustees voted to and retained an
independent law firm to conduct an independent investigation into the "$500 gift. They hired
Pilchalk Cohen & Tice to complete this investigation- a copy of the report is attached.
Due to this revelation the investigation took on an added dimension and direction. However for the
purposes of the original "Threats Complaint" made by Jan Elliott the investigation into the"
$500.00 gift" will be addressed in a separate report.
INTERVIEW OF SHELBY TOWNSHIP PLANNING DIRECTOR GLENN WYNN
On 10-5-091 responded to the Shelby Township Public Offices and met with Planning Director,
Glenn Wynn. Mr. Wynn explained to me that he is a twelve year employee of Shelby Township; his
position has always been Planning Director of the township. 1advised Mr. Wynn that I was
conducting an investigation and asked if he knew of the background of this investigation. Wynn
acknowledged that he did and stated that he was aware that the investigation involved Planning
Commissioner Jan Elliott and the Treasurer of Shelby Township, Paul Viar. Wynn stated that he
has known Jan Elliott since her initial term on the Planning Commission.
I asked Wynn to tell me what he knew about the investigation. He stated that around mid-summer
he had received a call from Jan Elliott. He stated that she was in tears and she said she didn't know
what to do. He tried to calm her down. Wynn stated that Elliott told him that she had received a
phone call from Paul Viar and that he had made a statement, something to the fact "if you don't vote
yes, someone's gonna burn your house down." Wynn stated that Elliott was extremely upset and
crying on the phone. He stated that he spent some time with her on the phone and she indicated
that she would not be making a meeting and that she had some family obligations to attend to.
Wynn stated that he explained to Elliott that he would sit on this information for a few days to see if
things calmed down and to see where it goes.
I asked Wynn what his obligation to Elliott was as to why he thought she called him. Wynn-stated
he serves at the Board of Trustees' direction and that he is not Elliott's boss. He stated that he
thought he received the phone call because she felt comfortable speaking to him and they enjoyed
a good relationship. Wynn stated that the phone call (to the best of his recollection) involved the 24
Mile and Schoenherr re-zoning petition. He did not remember the specific date of the phone call but
believes it was in the same time-line as the 24 Mile and Schoennher rezone.
I asked Wynn if he had discussed this phone call with anyone. He stated that he did. He waited
approximately a week before he approached Paul Viar. He stated that he didn't know how to handle
the situation so he confronted Viar about the phone call. Wynn stated he spoke to Viar and said,
""m not comfortable with the conversation you had with Jan Elliott and you need to give her a call
to mend the fences and have a cup of coffee with her." Wynn stated that he did not specifically ask
if Viar had made the statement of somebody burning her house down however he did state that
when he spoke with Viar that he, "looked sheepish acknowledging he had done something wrong."
Wynn stated that he tried to resolve this through the back channels because he wanted to maintain
confidence of both Mr. Viar and Mrs. Elliott. He stated that he needed to maintain the relationships
P,;nled: Gclobe, 21. 2010 . 10-54 AM
Exhibit "A" Page 58 of 72
4
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Ml. Clemens, MI 48043
Report No. 0900027048.2
586 469-51 51
Reporl Date: 12/11/2009
Page 4 of 8
because of his position as Planning Director and he needed people to feel comfortable to come
speak with him therefore he did not discuss this with anybody other than Mr. Viar to try to resolve
the situation.
Wynn stated that after the conversation with Viar he never followed up to find out if he had called
Jan Elliott until he was advised by Terri Kowal that Elliott was very upset regarding the phone call.
Wynn stated he felt obligated to give Mrs. Elliott a call to apologize to her and acknowledge that he
had not done enough for her about the call from Viar.
1asked Wynn's position and his opinion on the 24 Mile and Schoennher re-zone. Wynn stated that
as an advisor to the Board of Trustees, it was his job to make his recommendation known and he
had turned down the proposal on three separate occasions. The reason he stated was that the re
zone petition was not according to the master plan that was developed for that area, also that
because of the mile or two radius of the plan location of 24 Mile and Schoennher that there was
multiple commercial property locations that were vacant. He did not feel that this area needed to be
a commercial development as well.
Wynn stated that as the Planning Director he had to make the recommendation to approve to the
Shelby Township Board of Trustees even though he did not agree with it. He stated that it was the
normal course of business even though he did not agree with the recommendation of the Planning
Commission, however when the Planning Commission voted to approve the re-zone he had to
present the approval to the Shelby Township Board of Trustees. Wynn stated that at the time, there
were nine Planning Commission members that voted on the re-zone. I reviewed the minutes of the
June 10th, 2009, Planning Commission Meeting. The vote on the 24 Mile and Schoennher re-zone
was 5-3.
I asked Wynn if he knew of anybody that had changed their vote due to the fact that this was a long
process for the re-zone petition. Wynn acknowledges that he could not remember if anyone had
originally changed their vote from a 'no' to a 'yes'. He stated that this was a long process that the
re-zoning petition took six to nine months to the best of his recollection. He stated that after
returning with changes that the petitioners had made specifically the environmental buffer that
some of the Planning members may have been swayed to change their minds to vote 'yes' as
opposed to voting 'no'. Wynn did reiterate the fact the he didn't agree with the logic reached by the
Planning Commission but he reached a point, "Why would I take this any further." Wynn stated, "I
could see their logic but 1did not agree with it." He stated that he felt that the process had worked
however it was still his responsibility to make the recommendation that the Planning Commission
had voted on even though ultimately he did not agree with the recommendation he had presented
to the Shelby Township Board of Trustees.
At this point of the interview, Wynn went back to his original statement that he lost his train of
thought on this, he stated, "This has been bothering me for months and I've been beating myself up
over this but I keep asking myself, what could I have done differently, could J have done something
different?" He clarifies the statement by stating he realized that Elliott had been affected by this a
great deal and he felt the statement that Viar had made was, "Not a joke, it was very serious." And
that it had lasting ramifications due to the fact that he had heard of this follow-up investigation and
that the 24 Mile and Schoennher rezone had many people upset that the property had been re
zoned to commercial.
I asked Mr. Wynn if he was an "at will employee... and who his bosses were..... Wynn stated that he
is an "at will employee" and he did acknowledge that he does work for the Board of Trustees. He
also stated that he heard rumors that the Board of Trustees votes along party lines and that the
Board is controlled by different factions, however, Wynn stated that he didn't feel that that was the
case that he was looking from the inside and feels that each member is relatively independent.
IIp!RMS MlrR r1f v?!
Prinlprl- nrlnhpf ") 1 ")01 n 1n . ~ . 1 A ~ . . 1
Exhibit "A" Page 59 of 72
5
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586469-5151
Report Date: 12/11/2009
Page 5 01 6
I asked Wynn what Viar's responsibility was as the Shelby Township Treasurer. He stated that he
wasn't sure but he believed that his responsibilities were to collect taxes for the township. I did ask
him then why, what his opinion was as to why a Shelby Township Treasurer would be motivated to
pick up the phone and call a Planning Commission member and threaten her over the phone as is
the allegations that were made in this case. Mr. Wynn stated that he did not know why he would be
provoked to do that. Wynn stated that he could not confirm nor deny that rumor(s) he had heard
that the petitioners had made donations to Mr. Viar's political action committee but he did state that
if they had donated money it is wrong, "It bothered the hell out of him". He stated that he does not
have that role and he did not investigate it, but it did bother him because it made everyone in a
Shelby Township government position look bad. Wynn went on to state that this project could
stand on its own merit and all of this investigation and fall out and phone calls did not have to
happen. He stated that even though that he didn't agree with the project it had merit, just not at that
location.
Prior to the end of the interview I asked Mr. Wynn if he had ever been approached by anyone in the
local Shelby Township politics, either being a developer or a trades individual or anyone
conducting business in the Township asking for any type of favors or consideration from him and
he stated that he never had. He stated that he has never received any gratuities or any type of
acknowledgment for him conducting his job. He stated that as a matter of fact, he normally buys
coffee for people that come to his office and he does not feel comfortable receiving drinks whether
it be at a restaurant and someone notices him or it be offers of tickets to a ball game. He stated that
he has never partaken in any type of activity and felt it was not ethical.
I advised Mr. Wynn the investigation was ongoing and that he should not discuss our interview with
anyone as it would certainly hinder the investigation. The interview was concluded at this time.
INTERVIEW OF SHELBY TOWNSHIP SUPERVISOR RICK STATHAKIS:
On November 10, 2009, DISg1. Edward Mason and I conducted an interview with Shelby Township
Supervisor Rick Stathakis at the Shelby Township Offices. After introductions I advised Mr.
Stathakis that we were conducting an investigation, which he acknowledged that he was
anticipating our arrival.
I asked for a brief history of his employment leading up to his position as Supervisor of Shelby
Township. Stathakis stated that he was a 2005 when he went in to the insurance business. He
stated that since his election to the office as the Shelby Township Supervisor he no longer has the
time to work in the insurance industry. Stathakis stated that he got involved with politics a few
years ago when the topic of a new 41A District Court and new building for the police department
was being proposed. He stated that it took many conversations with his family to make the
decision. However, he finally d e ~ i d e d to run for office in January 2008 and he subsequently won
the primary in the fall of 2008 and took office in November 2008 as Shelby Township Supervisor.
Mr. Stathakis stated that he and his family belong to the S1. Peters Lutheran Church in Macomb
Township and that his wife also is a forth grade teacher at S1. Peters Lutheran Church. Stathakis
stated that the biggest change that he had made through the process of being the Township
Supervisor was the amount of time that it took. He stated that he thought that the job would take
between 30-40 hours a week when he initially took the position. However, he states that it takes up
a great deal more of his time. He stated that he was overall enjoying his position however was not
enjoying the circus surrounding the reason why I was in his office and that an investigation was
being conducted.
I asked Stathakis who had encouraged him or if he had any specific supporters that had assisted in
his campaign. Stathakis identified Paula Filer as the initial individual who presented the idea of him
running for Township was a customer of his through his insurance business. She introduced
Prinled. OClober 21. 2010 - 1054 AM
Exhibit "A" Page 60 of 72
6
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586 469-5151
Report Date: 12/11/2009
Page 6 of 8
Stathakis to Township Treasurer Paul Viar; he identified these two individuals as his main
supporters to his campaign. Stathakis stated that he was also introduced to James Carbelli who
was a Shelby Township Trustee; he identified Carbelli as strong supporter in his campaign to run
for Supervisor as well.
I asked Mr. Stathakis why he thought D/Sgt. Mason and I were sitting in his office he stated that he
thought we were there to discuss the information that he had received from Planning
Commissioner Phil Frame. I confirmed that I was investigating a threats complaint that was made
by Jan Elliott and asked him to tell me what he knew about the incident.
Stathakis explained that he was approached by Phil Frame in the Shelby Township Offices, after a
Planning Commission meeting, Frame was speaking with Mark Kassab also a Planning
Commission member at the time. Stathakis stated that they all went into his office, at that point
Frame had told him that Jan Elliott had received a phone call from Paul Viar and that the essence of
the phone call was "if you appear at a certain meeting for the 24 Mile and Schoennher rezone that
someone was going to burn your house down". Stathakis indicated that he was shocked by the
information. He stated that he confirmed with Phil Frame that this was information that he had
heard second hand but that the information was that a phone call came from Paul Viar to Jan Elliott
about the 24 Mile and Schoennher re-zoning meeting.
Stathakis stated on the following day he called a meeting with his acting Human Resource Manager,
Rena to get direction on what to do. He stated that he was truly the HR director of the township but
he had to get that changed because he had no HR experience. He acknowledged that he needed
help with this type of incident so he called Rena in to witness the phone call he wanted to make to
Jan Elliott.
Stathakis stated that once he had Mrs. Elliott on the phone he reviewed what he had learned from
Phil Frame about the phone call that was allegedly made by Paul Viar. Per Mr. Stathakis Elliott
stated it wasn't really a threat but she did acknowledge that a phone call had taken place. Stathakis
stated that he wanted to make sure that the incident was investigated so he encouraged her to
make a report with the Chief of Police of Shelby Township, Chief Robert Leman. Stathakis stated
that he wanted his office to be transparent therefore he encouraged Mrs. Elliott to contact Chief
Leman. To the best of his knowledge she did contact Chief Leman that day or the following day.
I asked Stathakis if he spoke to Viar about this incident and he stated that he did not. I asked him
why and he stated that he wanted to be careful as to how to proceed with the information because
he thought that an investigation might be ongoing. He did state however that he wanted to be at
ease with this information because he is technically Paul Viar's boss. He stated he did make an
inquiry to Viar that he had heard some information about a phone call he had made. Although
Stathakis was vague, Viar told him that it was nonsense and that it never took place. He was then
informed by Chief Leman a day or two later that the information was turned over to the Sheriff's
Office for investigation. Stathakis stated that he also sought direction from Rob Huth, the Shelby
Township Attorney.
In reviewing the information that he had received, Stathakis confirmed that the alleged phone call
that was received by Jan Elliott from Paul Viar was about the 24 Mile and Schoennher re-zoning
petition. Although Stathakis stated he was not sure if she was voting 'yes' or 'no', he stated that the
phone call was in response to the proposed petition.
I asked what he knew about the petition. Mr. Stathakis stated that when he first heard about the re
zoning petition he was not for it because he lived in the area and didn't want commercial real estate
to be at that location. He went on to state, "however, unfortunately the more I learn about this stuff,
people that own property are going to do whatever they want with it anyways." Stathakis went on
to acknowledge that this was not part of the master plan and that there were residents in the area
that had opposed this petition, however he stated that it was "a hard read" for him.
P"n'ed: OClobet ,I. ,010 1054 AM
Exhibit "A" Page 61 of 72
7
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586 469-5151
Report Date: 12/1112009
Page 7 01 B
Stathakis lead me to believe that he was surprised that "not very many citizens" had appeared at
the Shelby Township Board Meeting in August when the petition to rezone 24 Mile and Schoenherr
was voted upon. Stathakis was emphatic about this fact and stated that jf there were more people
at the Board Meeting in opposition that he, "heck NO would not have voted yes on this re-zone."
He stated that it was his neighborhood as well and that he did not want to see it developed at all.
Stathakis stated, '" took the lesser of two evils". However, he stated that he wished the third option
would have prevailed and that would have been just to leave the property 'as was' and not
developed at all. Stathakis ended this topic by stating, "People are gonna do what they wanna do."
I wanted to reviaw this information again. I reviewed the fact that the re-zone called for the 24-Mile
and Schoennher location to be re-zoned from residential to commercial. At that point, Stathakis
stated, "I am still getting my feet wet" and gave the appearance or the indication that he really
wasn't clear on the whole topic. It should be noted I felt that this was unusual for a Township
Supervisor to claim to be na"ive and/or ignorant to this type of re-zoning petition due to the fact that
numerous residents had complained about the re-zoned petition and the fact that it seemed to be a
very emotional topic for the residents and the township as a whole.
I reviewed the length of time that the petition had been in front ofthe Planning Commission and
Stathakis claimed ignorance to this fact, he was vague. He was not clear on the length of time but
that he thought there was one or two drawings that were presented before it was ultimately passed
by the Planning Commission and then presented to the Shelby Township Trustees who ultimately
passed the re-zone with Stathakis voting 'yes' in support of the vote.
I asked Stathakis if he had spoken to any other Planning Commission members and/or trustees
about the re-zoning petition. Stathakis had trouble remembering if he had spoken to anybody, after
a long pause he did state that he did in fact speak with the petitioner, Phil Ruggeri the attorney
handling the re-zoning. Stathakis stated that he had met with Phil Ruggeri sometime earlier in the
year in his office. Phil Ruggeri came in and presented a set of drawings and that he (Stathakis)
voiced his displeasure with the initial drawings. Stathakis went on to state that Ruggeri came in
~ n d presented a second set of drawings which were more agreeable to him. Per Stathakis he was
persistent in presenting a third option which was to leave the property alone however Ruggeri had
told him that as property owners and developers they could come in and build homes on the site
and set the market cost at whatever they wanted. Stathakis stated that Ruggeri made a statement
about a consent judgment which would take it out of the townships control. Stathakis was of the
impression that the land holders/property owners were going to do whatever they wanted anyways.
He also stated that when Ruggeri made the statement about a consent jUdgment, again he had to
educate himself on that, but to the best of his knowledge that would be a court hearing and if they
prevail the developers would do with what they wanted anyways.
Stathakis stated that if the township was forced to a consent judgment that he did not want the
township to spend the money or the time to fight a consent judgment. Stathakis stated, "'f there
really was something there that I don't like, I don't care," but "after the second set of plans were
presented", he became more agreeable to the re-zoning.
I advised Mr. Stathakis that this threats investigation was going to be presented to the prosecutors
office also that a subsequent investigation would be completed reference the information provided
by Jamie Barra and the "$500.00 gift". The questions about the threats investigation were
concluded at this time.
)ffense Detail: 5309 Harassing Communications
Olfense Descriplion
5309 - Harassing Communications
IBR Code
902 - All Other Offenses localion 1yp.
11 - GovernmenUPublic Building
1.,RMS_,.1ICR,rtf v2f Prinled: OClob.r 21. 201010'54 AM
Exhibit "A" Page 62 of 72
8
Macofnb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.2
586 469-5151
Report Date: 12/11/2009
Page 8 of 8
IBR Group B Of/ense Compleled? Yes No. Premo Enlered
Crime Againsl
Oflense File Class 53002 - PUBLIC PEACE
Hale/Bias
Domeslic Violence
00 - None (No Bias)
No
Enlry Melhod
Type Securily
OTHER
PACC Tools Used
Local Code
Usmg
CriminaJ Activily
Force Level
Weapons
Printed: Oclober 21 2010 lO'S' AM
Exhibit "A" Page 63 of 72
1
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.3
586 469-5151
Report Date: 12/11/2009
Page 1017
SUbjecl C3324 - Suspicious Circumstances
Case Report Sialus A - Approved Entered On 12/23/20091:12:51 PM
Reporting Officer
Agency Counly 50 - Macomb Entered By 11272 - Daniels, David
11272 - Daniels, David
Agency
CilyfTownship
68. Mt Clemens VeriFIed On 1/24/20103:04:52 PM
Verified By 11272 _Daniels, David
Assisled By
Occurred On 6/9/20091:00:00 PM Approved On 1/24/20103:05:00 PM
Or Belween
Approved By 11272 - Daniels, David
Business Name Retaled Cases Agency Assisled
Localion
43565 ELIZABETH RD
Disposilion Active
CSZ
Mt Clemens, MI 48043
Excp. Clear Reason
Census/Geo Code Excp. Clear Dale Can for Service #
Jurisdiclion RepMing Agency
Macomb County Sheriff 090068188
Report Type
Grid 0 - N/A Crime Report
Seelor Division
0- N/A Macomb County Sheriff
NOliFIed
Map 0 - N/A
Can Source Relaled Cases
Telephone
Vehicle Aclivily
Oir. Veh. Traveling
Cross Slreel
Means
Moltve
Report Narralive INTERVIEW OF MARK KASSAB
Prior to interviewing Mark Kassab I had attempted to set up an appointment. I was contacted by
attorney Stephen Rabaut. I advised Mr.Rabaut that my initial interview was to discuss the threats
complaint and outlined the information for him. I did advise Rabaut that I would also like to discuss
the information on the "$500 gift" that was reported to Chief Leman. We agreed that this interview
would be limited to the threats investigation.
On 11-16-09, I interviewed Mark Kassab at the Macomb County Sheriff's Office. I was assisted by
O/Sgt. Rollo of the Sheriff's Office and the interview was both video and audio recorded. Kassab
was accompanied by his attorney, Stephen Rabaut. I asked Mr. Kassab to explain his employment
history and what he does for a living. Kassab stated he works for M Shapiro Development
Company. He identified M Shapiro as Mickey Shapiro. He provided me with a business card
identifying him as Senior VicePresident; address 31550 Northwestern Highway, Suite 101,
Farmington Hills, MI. Kassab stated that he is a jack of all trades; however he considered himself a
land developer. Kassab stated that most recently, the Shapiro Group had been contracted by
numerous banks to conduct feasibility investigations as to land property value(s), to identify and
analyze that property and offer that information to the banks for their outlook and/or disposition of
properties that they may have obtained-Othrough foreclosures or returns to the banks. Kassab
provided in detail how he collects information for clients that it is of value to his clients because
they lack knowledge of real estate and the real estate market. M Shapiro Development Company
provides a service/report offering analysis on how their clients should/could proceed on different
site developments and/or land properties that are at their disposal. Kassab went on to state that
the bottom line is that banks do not know real estate, that it is scary out there, and his job is to
educate them as to the real estate market and the true value of properties that they obtain.
Kassab stated he was a member of the Shelby Township Planning Commission; however he had
just recently resigned from that position. I would learn later in this investigation that Mr. Kassab
resigned his position on the Shelby Township Downtown Development Authority as well. When
asked why he resigned Kassab referred to the recent events of the "500 gift" investigation. As a
result he stated that he had received letter at his residence outlining an article out of Dallas. Texas,
which stated there was city wide corruption in the planning commission. Kassab stated that after
P,inled For: -:--:--:c::-:-::--c-::-::-:-:-:-:-----
P"nled. Oclober 21. 2010 - 1055 AM
Exhibit "A" Page 64 of 72
2
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
'Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.3
586 469-5151
Report Dale: 12/1112009
Page 2 01 7
receiving this letter, his wife encouraged him to resign from the Shelby Township Planning
Commission. Kassab stated he received this tetter a day or two after a Shelby Township Board
work session was held; the purpose of the work session was to investigate the "$500 gift" report
that was made to Chief Leman. This work session was reported in a local newspaper The Macomb
Daily. Kassab stated that the information printed in the article in the Macomb Daily would easily
identify him as the party who gave the money to the Shelby Township Assessor, Jamie Barra. (It
should be noted that at this work session the Shelby Township Board of Trustees voted to conduct
an independent investigation into the "$500 gift - they hired Pilchalk Cohen & Tice to complete this
investigation).
At this point in the interview, I advised Mr. Kassab that the purpose of this interview was to discuss
a "threats complaint"; I indicated that if he wished to discuss the $500 gift, we could do so but I had
promised attorney Rabaut that we would not discuss it. Kassab stated he wanted to be cooperative
with this investigation and he wished to speak to investigators; however he had been advised by
his attorney to not talk to anyone until the criminal investigation was completed. Kassab stated he
wanted to talk to Bill Pilchak but was advised against it by his attorney. Kassab had a copy of
Pilchak's report and indicated that the majority of the information that was in the report was
accurate. Kassab stated that the information as far as the time line of being involved in the
Planning Commission was accurate in his report. He also stated he enjoyed being on the Planning
Commission and felt that it kept him "sharp" at his job with Shapiro and he enjoyed his time on the
Planning Commission. Kassab denied that it was beneficial to him to be a member on the Planning
Commission or the Downtown Development"Authority and to also be a developer stating that it
would not help him in any way. Kassab stated that the majority of the business he conducted for
Shapiro Land Group was on the west side and there was very little in Macomb County. Kassab
stated he was appointed to the Planning Commission by Skip Maccarone. He left the Planning
Commission for a period of time during the course of him building his home in Shelby Township as
he lived in Macomb Township at that time. When he moved back into Shelby Township, he was
reappointed to the Planning Commission. He wasn't sure whether Skip Maccarone or Richard
Stathakis made the second appointment. He explained the appointments are made by the
Township Supervisor and must be approved by the Board of Trustees.
I directed the interview to the relationship he hadmaintained with Paul Viar. Kassab stated he first
met Viar when he became a member of the Planning Commission. Kassab indicated he was aware
that Viar was the Treasurer of Shelby Township and he felt Viars' responsibilities were to oversee
the township budget. Mr. Kassab stated that he was approached by Paul Viar and asked to host the
July 15th fundra;ser at his residence. Kassab stated he is a staunch Republican and he agreed to
do so. At this point, Kassab stated he was talking about two separate events. He stated he was
also approached by Paul Viar and was asked to open up his home for Governor Engler in April of
2009. There was a Republican fundraiser being held at The Plaza in Shelby Township on April 15,
2009. Kassab opened his residence to a meet and greet opportunity with the Governor;
approximately 40-50 people attended this brief party prior to going to The Plaza, where there were
about 500-600 attendees. Kassab also stated Shelby Township Assessor Jamie Barra was invited
by both Kassab and Viar to attend the April 15th event.
I refocused the attention of the interview back to the threats complaint. I asked Kassab what his
understanding of the Twenty-Four Mile and Schoenherr parcel rezone was. Kassab stated that the
project had been in front of the Planning Commission for over a year and a half. His position on the
Planning Commission required that he participate in approximately five meetings a month
andindicated thatthis particular project had been in front of them for quite some time. Kassab
stated the initial planning was to rezone the parcel for a Walgreen's or some type if retail store but it
was denied because the Corner was not appropriate for this type of rezone. Kassab stated he was
unaware of who the owners of the property was initially and the first two or three times it came
before the commission, he did not know who the property owner was. Kassab stated it never
mattered to him who owned the property. Kassab stated that he firmly believes to this day that the
worse that could happen to that parcel of property was that it be rezoned R-1-B residential because
Prinled. Oclober 21. 20101055 AM
Exhibit "A" Page 65 of 72
3
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Ml. Clemens, MI 48043
Report No. 0900027048.3
586 469-5151
Report Date: 12/11/2009
Page 30(7
it is a corner location and to clear cut that area and make it a subdivision would not be
advantageous to the Township as a whole. Kassab stated he takes responsibility for his position
and never made it a secret that he was a developer and that he is pro-development.
Kassab went on to state that although initially he did not know the developers or their plans, it was
his understanding that the developer, Mike Torres, had already prearranged occupancy for a
percentage of his buildings if the rezone petition was approved to commercial. Although Kassab
stated that he only met Mike Torres one time at the Hamlin Pub and had no other contact he was
aware that the petitioner's had people to use the property. He also acknowledged that he knew
Phil Ruggeri and has since 2004 when he was initially appointed to the Shelby Township Planning
Commission. Kassab admitted he personally met with Ruggeri on this rezone and that Ruggeri was
lobbying for his support of the petition. Kassab stated that this is common in his line of work and
he both receives and makes these types of calls during the course of his business at Shapiro. It is
not uncommon for him to contact a Supervisor or Commissioner to offer or share information on a
potential rezone. Typically, he does this as a matter of business and does not believe making these
types of contacts is inappropriate. Kassab stated these are not his developments and he has no
personal interest in the outcome. He stated that his job as a Planning Commissioner is to provide
the best information possible to the residents of Shelby Township. Kassab stated that other
members of the Planning Commission did not possess the ability to make proper calls on these
types of petitions. As the discussion on the Twenty-Four Mile and Schoenherr rezone continued I
asked Mr. Kassab if he were asked to take a polygraph and the questions were based on the fact
that he not receives any type of consideration or that he has no interest in the outcome how did he
think he would do? Kassab stated he would pass a polygraph. He stated he felt the project was a
good one and had no interest other than he believed the township would be better served if the
corner was not developed as residential.
I again refocused the interview on the threats compliant and his relationship with Jan Elliott.
Kassab stated Ms. Plum confided in him that she had been speaking with Township Clerk Terri
Kowal about the 24 Mile and Schoenherr petition and that she (Elliott) was concerned that Kassab
was being pulled into Paul "Viar's web" referencing the fundraiser he had hosted on July 15th for
Viar. I indicated to Kassab that I did not know who Ms. Plum was. Kassab explained that Plum
was Janet Elliot's name prior to her getting married. Kassab went on to state that he took offense
to the statement and told Elliot "nobody buys me, I don't cross that line, I'm not for sale". Kassab
stated he has helped many people out in the past and it is not uncommon for him to loan money to
people and not ask for anything in return. Kassab again went back to the $500 gift he had given
Jamie Barra and stated that was why he gave him the money, he knew Barra needed it as a friend
and there was no other reason than that. Kassab also outlined a couple of other incidents where he
loaned money to friends or associates and never asked for anything in return. I did not ask for the
identification of the persoo(s) he had loaned money to nor did he provide it to me. Kassab stated
that Barra had never solicited any funds from him. He stated he doesn't advertise his help just like
he didn't advertise the help he gave Jamie. He stated Barra never asked for the help and he never
told anybody about the assistance he had provided to him. Kassab went on to state that he did not
profit nor does he profit from any information he provides to the banking companies that contract
for Shapiro LLC's services. He stated Shapiro has no interest in the properties and they are only
providing a service. Therefore the perception that they are offered any type of award or gratuity for
their services is false. Kassab again went back to the $500 gift to Barra stating that Barra never
asked for any type of money in return for his consideration of a petition for rezoning of any kind.
Kassab explained that Shapiro LLC does not profit from information they provide to the bank on a
parcel of property if they save the bank any money or a percentage of money it is not returned to
Shapiro. Kassab closed his thoughts on this subject indicating the banks are spending hundreds
of thousands of dollars on properties and they need the best information possible. He reiterated
that Shapiro LLC does not benefit by providing this information. Their job is to provide the
information to the banks and they profit from that service only.
I refocused the interview on the threats complaint. Kassab indicated he remembers receiving a
Exhibit "A" Page 66 of 72
4
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.3
586 469-5151
Report Date: 12/11/2009
Page 4 017
phone call from Jan Elliott regarding the phone call she had received from Viar. Kassab provided
me with email correspondences he had shared with Jan Elliott regarding the threats and other
information about the rezone. Kassab specifically outlined an email he received from Elliot talking
about the July 15th fundraiser. He indicated he had invited Elliot to the fundraiser. The email
indicates when Elliot asks "who are the Concerned Citizens of Macomb?", Kassab responded it is
"a political action committee run by Paul Viar and Rick Stathakis" he thinks stating he was not sure
if Stathakis was part of this PAC or not.
He also provided an email that states that she (Jan) was not going to attend the June 10th meeting
because she had family obligations to attend and that Phil Ruggeri would not be sad that she would
not be there to cast her opposing vote. Kassab then explained that he believes the first time he
found out about the specific threat to burn her house down was in late August after a Planning
Commission meeting. He was standing in the lobby of the Shelby Township offices with Phil Frame
when he was approached by Supervisor Stathakis who invited Kassab and Frame into his office.
According to Kassab, it was at that point that he first learned about the threat made by Viar to Elliot
when Phil Frame told Stathakis that Viar had called and threatened to burn Jan Elliot's house down.
Kassab was unclear but felt this occurred after the emails he had received from Elliot which would
have been August 27th, 2009.
According to Kassab, once he learned of the threat, he called Jan Elliot and asked her why she
didn't contact the police about the threat. He stated that Elliot stated she had told Glenn Wynn and
that Wynn explained that Paul Viar is loud and yells quite a bit, however his tone and his nature is
to yell. Kassab stated that Viar had previously yelled at Kassab as well, but that he takes it with a
grain of salt. Kassab states that Viar intimidated Elliot and had he known about the threat earlier,
he would have encouraged that the rezone petition be removed from the agenda. Kassab played
down the i.nformation as it was presented to him. He stated that Elliot never said that Viar indicated
. he would burn the house down, but rather said "aren't you worried that one day she would come
home and her house would be burned down". Kassab stated that he confronted Viar and asked him
specifically ifhe had made the statement something to do with her house being burned down and
Viar denied making that statement stating "no such thing ever occurred". Viar did not deny making
the phone call to Jan Elliot.
At this point, I reviewed Kassab's statement with him. Kassab stated from June 10th, the date of
the Planning Commission, through August 27th, he was never made aware of the threat made by
Paul Viar to Jan Elliot about her house being burned down. I reviewed the minutes of the June 10th
meeting where the petition to rezone the Twenty-Four and Schoenherr parcel property was passed
and noted that the motion to approve was made by him. Kassab stated that he stands by his
recommendation that he makes many motions at these meetings, but had he been aware of the
threatening phone call that Jan Elliott had received, he would have
asked that the petition be removed from the agenda and it not be voted on that night. Kassab
stated "on my children's life and my father's grave", I would have had that item removed from the
agenda had I known about the threat". Kassab stated that after learning of this information, he was
"sharing notes" with Jan Elliott because he considered Jan a friend.
Kassab stated that in late August he was contacted by David Viar, Paul Viar's son, and was asked
about the comments that Jan made about Paul Viar. Kassab admitted that he advised Jan Elliott
that she would be receiving a letter from David Viar or an attorney's office about a possible
defamation suit. Kassab stated he personally met with Elliott to discuss the defamation letter she
had received. Elliott was very upset and crying. Kassab stated that at that point, right, wrong or
indifferent, he offered to help her pay for legal expenses for a defamation suit if it was brought
forward. Kassab stated during the course of this conversation, Elliott stated "Mark, I wish I had
never went to the police station, he didn't threaten me, he intimidated me."
Kassab went on to state that during the course of theseevents, Viar had asked Kassab to reach out
to Elliott to get her to speak to him. Kassab stated he told Elliott that Viar wanted to speak with her
0.; .... 1... 1"1 n ... ,,...,,, .... ,, 'f"l1,; 'f"l l;,.C lJ,f,.A
Exhibit "A" Page 67 of 72
5
Maconlb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.3
586469-5151
Report Date: 12/11/2009
Page 5 or 7
regarding this incident and Elliott indicated she did not want to meet with Viar.
I centered my questions on the July 15th fundraiser and the information that Jan Elliott had
provided to Kassab reference money that Viar had acknowledged receiving from the petitioners of
the 24 Mile and Schoenherr petition and that he had returned it. Kassab stated that Elliott had
asked him questions about the petitioners being at his fundraiser, that being Ruggeri and Kelly, and
donating to Viar's PAC. Kassab stated he had pulled the same information up and he spoke to Viar
about it. Per Kassab, Viar admitted to him that hereturned some donations, more than one, and the
reasons he returned it was because it may be inappropriate for him to receive campaign
contributions from the petitioners of a rezoning petition currently on the table.
We reviewed the Twenty-Four and Schoenherr rezone topic. Kassab stated that he was in favor of
it. The fact that their planning commissioners had different opinions made it a spirited debate.
Kassab acknowledged that during one commission meeting, he mentioned that the residents sit
down with the developers because if they chose to take it to a consent judgment, that the planning
commission would lose control over how the property would be developed. He stated he felt it was
his duty to make public that the control of the parcel property would be lost if a consent judgment
was awarded to the petitioners, that being Ruggeri and Torres. Kassab also stated that he was not
made aware of the threats Viar made to Elliott until late August. He stated Jan Elliott was still a
friend of his and that he was not seeking her out. He believed that Elliott was trying to keep all of
this quiet. He stated he felt bad for Elliott because he had a "sixty year old lady crying in his car",
indicating she felt very bad which made him feel bad as well. Kassab stated he was pissed off
about all of this and he's talked to Viar because of the way Jan Elliott had described the incident to
him. Kassab concluded by saying "either he's lying or she's lying".
I advised Kassab and Mr. Rabaut that the threats complaint would be presented to'the Macomb
County Prosecutor's Office first to see what type of warrant authorization, if any, would be issued.
Reference the $500 gift to Jamie Barra; I indicated this would be a separate investigation. Due to
schedule constraints, Mr. Rabaut indicated we would have to reschedule the interview regarding
the $500 gift. We agreed to meet on 11-20-09 to discuss the $500 gift to Jamie Barra. The interview
was concluded at this time.
ATTEMPT TO INTERVIEW PAUL VIAR
On 10-2209, D/Sg1. Kennedy of the Macomb County Sheriff's Office and I went to the Shelby
Township offices in an attempt to make contact with Township Treasurer Paul Viar. I was told by
the clerical staff of the Treasurer's Department that Mr. Viar was not in the office. I provided my
card and asked that Mr. Viar contact me.
On 1022-09, I called and left a message on the voice mail of Paul Viar asking him to contact me to
schedule a meeting to discuss an investigation I was conducting.
On 10-23-09, I again went to the Shelby Township offices and was again told by Treasurer's office
clerical staff that Mr. Viar was not in the office. I again left my business card and asked that Mr.
Viar contact me.
During the week of 1026-09, I was contacted by attorney David Griem. Mr. Griem advised me that
he had been retained by Paul Viar reference the investigation I was conducting. We scheduled an
appointment to meet at the Macomb County Sheriff's Office.
I met with David Griem at the Sheriff's Office. We briefly discussed this case and I asked that his
client submit to a polygraph examination to eliminate him as a
suspect. Mr. Griem stated he would like to review the questions of the polygraph examination
before he would advise his client to submit to the examination. I advised Mr. Griem that I would
discuss this with the polygraph examiner and schedule a date for the exam.
Exhibit "A" Page 68 of 72
6
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.3
586469-5151
Report Date: 12f11f2009
Page 6 01 7
After confirming dates with the polygraph examiner, I contacted Mr. Griem's office and advised him
that I could not supply him with the questions that would be asked of his client during the
polygraph examination. I asked if his client would submit to the polygraph examination to which
Mr. Griem indicated he would not.
I advised that I would contact him in the event the Macomb County Prosecutor's Office authorizes a
warrant for Paul Viar so that he could have his client to turn himself in. Attorney Griem indicated he
appreciated the assistance and requested that the Macomb County Prosecutor's Office contact his
office prior to the authorization of any warrant. I advised Mr. Griem that I would relay his request to
the Prosecutor's Office.
FOLLOW-UP INFORMATION:
Prior to concluding this investigation, I have made numerous contacts with Janet Elliott to discuss
the case and confirm information that I had learned throughout the courses of the investigation.
Upon reviewing the phone records that were supplied to me by Jan Elliott, I did note that on 6-9-09,
the phone call from the Shelby Township offices came in at 11 :46 AM with the duration indicated as
20 minutes. I did confirm with Shelby Township IT director Christopher Ronse that this extension
phone call came from the Treasurer's Office.
I also noted that at 12:06 PM on 6-9-09 that a phone call had been made from Elliott to phone
number 781-5265. When I reviewed this phone number with Ms. Elliott, she indicated that was the
phone number to her friend, Christine Dearlove. This is new information that Ms. Elliott provided to
me. She indicated she called Christine Dearlove immediately after the phone call from Paul Viar.
Elliot! stated that Christine was a previous Planning Commission member and she would
understand what had happened. Based on this information, I conducted a phone interview with
Christine Dearlove.
INTERVIEW WITH CHRISTINE DEARLOVE:
Upon the revelation by Jan Elliott, I made contact with Christine Dearlove at 586-781-5265. Ms.
Dearlove stated she remembers the phone call she received from Jan Elliott indicating she had
been threatened by Paul Viar. Dearlove stated that she distinctly remembers telling Elliott to call
the Township Planner, Glenn Wynn, and make him aware of the threat. Dearlove stated that Jan
Elliott is a very credible person and she was extremely intimidated based on the phone call. She
stated that Mr. Viar had gone beyond just one more suggestive or irresponsible remark and that, in
her opinion, it was a threatening phone call made by Viar in reference to the Twenty-Four Mile and
Schoenherr rezone petition.
CONCLUSION:
To clarify the position of Ms. Elliott being a cooperative victim, she did indicate to me that she
wanted to be considered a willing participant in the investigation. Her reluctance to proceed was
-based on a conversation we had when the $500 gift had become public. It was Ms. Elliott thought
that she could pursue the complaint one on one against Paul Viar or be part of a larger
investigation involving new evidence and other witnesses.
However after discussing the case upon completion Jan Elliott indicated she would like to be
classified as a willing witness and would be happy to speak with representatives from the Macomb
County Prosecutor's Office reference this investigation.
STATUS:
12-23-09 Submitted to APA James Langtry for review.
r"ur 0 .. ,. ,,1'
Exhibit "A" Page 69 of 72
7
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.3
586 469-51 51
Report Date: 12/11/2009
Page 7 01 7
Offense Detail: 5309 - Harassing Communications
Offense Descriplion
!BR Code
IBR Group
5309 - Harassing Communications
90Z - All Other Offenses Localicn Type
B Offense Compleled?
11 - GovernmenUPublic Building
Yes No. Prem, Enlered
Crime Against Hale/Bias
00 - None (No Bias) EnlryMelhod
Offense File Class
53002 - PUBLIC PEACE
Dom2slic Violence NoType Security
OTHER
PACC Tools Used
Local Code
Using
Criminal Aclivily
Force level
Weapons
IRMS MICR nt .21
Exhibit "A" Page 70 of 72
1
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Ml. Clemens, MI 48043
Report No. 0900027048.4
586469-5151
Report Date: 12/11/2009
Page 1 012
Subject 68188-09 THREATS INVESTIGATION
Case Reporl Sialus A - Approved EnleredOn 6/26/20109:16:06 AM
Reporting Officer
Agency Counly 50. Macomb Enlered By 11272. Daniels, David
11272 - Daniels, David
Agency 68. Mt Clemens Verified On 6/26/2010 7: 18:06 PM
CilyfTownship
Assisted By
Verified By 11272 - Daniels, David
Occurred On 6/9/2009 1:00:00 PM Approved On 6/26/20107:18:15 PM
Or Belween
Approved By 11272 - Daniels, David
Business Name Relaled Cases Agency Assi"ed
Location Disposilion Active
43565 ELIZABETH RD
CSZ Excp. Clear Reason
Mt Clemens, MI 48043
Census/Geo Code Excp. Clear Dale Call/or Service #
Jurisdiction Reponing Agency
Macomb County Sheriff 090068188
Grid Repon Type
0- N/A Crime Report
Seclor Division
0- N/A Macomb County Sheriff
Map Nolilied
0- N/A
Call Source Relaled Cases
Telephone
Vehicle Aclivily
Dir. Veh. Traveling
Cross S\reel
Means
Molive
Repor1 Narralive
On March 22, 2010 Paul Viar and his attorney David Griem did agree to be interviewed at the
Macomb County Sheriffs Office. Detective Sergeant Ed Mason and I did conduct the interview. Prior
to questioning Mr Viar presented a written statement(attached).
Mr. Viar denied that he made threatening statement to Jan Elliott on the telephone- or at any time.
He described the entire incident as being blown out of proportion; that the phone call was made
approximately (9) months earlier. His recollection would not be completely accurate due to the time
lapse. Mr. Viar's position is that this investigation is a political maneuver by adversaries of his;
members of Shelby Township local government both past and present. I agree that members of
Shelby Township local government both past and present have been interested in the outcome of
this investigation.
SYNOPSIS OF PAUL VIAR'S STATEMENT:
On April 29, 2010 I received information that was requested at the interview of March 22, 2010. I had
requested Mr. Viar's original check book ledger that listed the returned checks to Mr. Reggeri and
Mr Kelly. I did not receive the requested documents. (see attached records as produced by Mr.
Viar). I was looking for the actual ledger from his check book to see the dates of the checks that
were written to Phil Reggeri and Scott Kelly; Per Mr. Viar, these checks were returned campaign
contributions received by Mr. Viar's PAC in July 2009. I needed to view checks that were written
before and after the returned checks to support Mr. Viar's account of when he returned the
campaign contribution to Reggeri and Kelly. I can not confirm when the contributions were
returned, therfore it is unknown if the checks were sent until after Mr. Viar was made aware of this
investigation; which was in September or October 2009.
Mr. Viar describes his relationship with attorney Phil Reggeri as a long time friend- (page 11 and 12
of transcript). It is unrealistic to think that Phil Ruggeri and Paul Viar never spoke about this rezone
project (24 mile and Schoenherr) prior to Mr. Viar receiving campaign contributions from Mr.
Reggeri. Mr. Viar states that as soon as he found out that the contributions to his PAC were made
by Mr. Ruggeri he returned them his explanation was that it did not appear appropriate... why
now?
nl v2f
Exhibit "A" Page 71 of 72
2
Macomb County Sheriff Crime Report
Macomb County Sheriff
43565 Elizabeth Rd
Case No. 0900027048
Mt. Clemens, MI 48043
Report No. 0900027048.4
586 469-5151
Report Date: 12/11/2009
Page 2 012
Mr. Viar describes the practice of receiving campaign contributions from developers, builders, and
vendors that solicit business in Shelby Township are a normal course of business. These contracts
and zoning petition(s) are awarded by the Shelby Township Board of Trustees by way of vote--
which takes a majority vote of (4). Mr. Viar as treasurer has the option of casting a vote on these
agenda items. In my opinion however it is captioned, past practice, normal business, networking,
bribery; at the very least this practice is not ethical.
CONCLUSION:
This case broken down to the core is of an alleged threat that was made on the telephone by Paul
Viar to Janet Elliott. I believe the call was made and that statements made by Viar to Elliott caused
Elliott to feel threatened and intimated. Possible motive(s) for the call have been addressed. I have
requested on (2) separate occasions through David Greim that Paul Viar come in for a polygraph
examination I was advised that he would not come submit to the exam.
Mr. Viar's written statement, transcript of the interview, and the correspondence received from
attorney David Griem are attached.
STATUS:
Case turned over to the Macomb County Prosecutors Office for review.
Offense Detail: 5309 - Harassing Communications
OH ense Oescriplion
5309 Harassing Communications
IBR Corle
IBR Group
90Z - All Other Offenses
B
LocalionType
Offense Compleled?
11 - GovernmenUPublic Building
Yes No. Premo Enlered
Crime Againsl Hale/Bias
00 - None (No Bias) Eotry Method
Offense FIle Class
53002 . PUBLIC PEACE
Domeslic Violence No Type Securily
OTHER
PACC Tools Used
local Code
Using
<;:riminal Aclivily
Force Level
Weapons
Prinled Oelobe,21 2010 10.55 AM
Exhibit "A" Page 72 of 72
My Exhibit B: November 10 2009 Work Session
Minutes of the Shelby Township Board

13 pages total
MINUTES OF THE WORK SESSION OF THE CHARTER TOWNSHIP OF SHELBY
BOARD OF TRUSTEES HELD ON TUESDAY, NOVEMBER 10, 2009 IN THE LOBBY
CONFERENCE ROOM OF THE MUNICIPAL BUILDING, 52700 VAN DYKE, SHELBY
TOWNSHIP, MICHIGAN.

The work session was called to order at 2:00 p.m. by Supervisor Richard Stathakis.

Members Present: Richard Stathakis, Terri Kowal, Paul Viar,
Paula Filar, Michael Flynn, Lisa Manzella,
Doug Wozniak (late)

1. Employee Discipline Report by Mr. Pilchak

Mr. Pilchak advised that he prepared an extensive written report regarding this matter
which he supplied to the Board members.

Mrs. Kowal reminded the Board that copies of this report are not releasable until they
have been reviewed by our attorneys.

Mr. Pilchak began his presentation. His firm was requested by the Board to conduct
an investigation into the matter addressed in a memo to the Board by Supervisor
Stathakis on September 25, 2009 and as detailed to Chief Leman by Jaime Barra on
September 18 and September 21, 2009. Three concerns were investigated based on
the information provided

1. Mr. Barra accepted an amount of money, understood to be $500

2. Mr. Barras representation that he disposed of the $500 in a manner
directed by Mr. Stathakis

3. Mr. Barras report that he provided and Mr. Stathakis accepted a portion
of that money, understood to be $100.

The issues for the investigation are:

Did Mr. Barra violate either:

Civil Service Rule 3.13 (B) (No employee shall solicit or accept a gift,
gratuity, or favor in excess of $25 from any person, firm, or corporation,
involved in a contract or transaction which is or may be the subject of
official action by the Township); or

Civil Service Rule 3.13 (E) (Acceptance of compensation for services
rendered which are within the scope of any employees assigned
duties for which the Township provides compensation is strictly
prohibited).

Mr. Barra stated his actions were directed by the Supervisor; therefore, he
contends he did not accept any gift, gratuity, favor or compensation, and
as such, the investigation sought to determine whether he purged the effect
of having the $500 in his possession by;

Dispersing of the money in the fashion that Mr. Stathakis directed;
which included

providing $100 of the amount to Supervisor Stathakis

Mr. Pilchak indicated his staff expended dozens of hours relative to this matter and
accumulated hundreds of pages of notes, records, memos, etc. They constructed a
time line of events and created extensive documentation of interviews. At a certain
point in the investigation, his firm understood that they were proceeding on an
essentially pro-bono basis making an investment in good government.
Exhibit "B" Page 1 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 2

The Board had been informed by Mr. Pilchak there is no doubt that they are not going to
be able to present a complete and full picture because one of the key persons, Mark
Kassab, has declined to participate in the investigation.

Mr. Pilchak said this is largely a he said vs. he said situation. They have a great
deal of experience conducting investigations. In their experience, the investigation
focuses to the circumstances that surround the events. People tend to act in certain
predictable ways and there are certain predictable consequences of the way people
respond to situations.

A list of individuals involved in the investigation process was enumerated by Mr. Pilchak
together with their association and/or role with the Township and any relation or
involvement in this particular matter and the sequence of events that took place.

Comments from several Board members were noted by Mr. Pilchak.

Mr. Pilchak addressed the timing of the $500 gift to Mr. Barra from Mr. Kassab and the
dates this money was disbursed to various individuals.

He expounded on the conversation he had with Mr. Barra with regard to how he came
into possession of the $500, the reason given for this gift, and the events that occurred
subsequent to receipt of these funds.

Mr. Pilchak spoke at length concerning Mr. Barras recollection of the events that
occurred when he attempted to contact the Supervisor regarding the $500 and the
discussion that followed when he was finally able to meet with him.

Mr. Stathakis expressed his disapproval of comments made by Mr. Pilchak in which he
relayed the conversation that took place in his meeting with Mr. Barra which he felt were
totally untrue. He took offense to the comments made.

Several Board members provided their input with their questions addressed by Mr.
Pilchak.

Mrs. Manzellas main concern is what did Mr. Barra do after he received the money.
Did he or did he not go to the Supervisors Office? That is what she needs to know.
At this point, she doesnt care how the money was disbursed.

Mr. Stathakis said that Mr. Barra is making the statement that he approached him three
times so that he could make a decision over $100.

Mr. Flynn agrees with Mrs. Manzellas comments to some extent. It doesnt matter
what he did with the money. The fact is that he received the money. However, Mr.
Flynn said it is part of his story and it is important if the Board can ascertain whether or
not his version of events is accurate and can be judged based on whether there is
evidence to support his version of events. Thats his point.

Mr. Pilchak continued with his presentation. He reviewed the events that occurred in
Mr. Barras interpretation of his conversations with Mr. Stathakis with regard to
disbursing the money.

Mrs. Filar asked how the decision was made that Mr. Barra take $400 and Mr. Stathakis
take $100. Mr. Pilchak responded there is no rhyme, reason, or rationale.

Mr. Viar brought up the fact that the time line is the money was brought to Mr. Barra
either before Christmas or as late as March 1. He asked when Mr. Barra said he
brought this to the attention of the Supervisor. Mr. Pilchak said he did not provide a
specific date that he went to the Supervisors Office. He made the statement that he
tried to report the incident to the Supervisor the night he received the money. The
information that Mr. Kassabs lawyer presented to him did not shed any information on
the timing.
Exhibit "B" Page 2 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 3

Mr. Flynn stated that Mr. Stathakis had more than one secretary during this timeframe.
Were they interviewed and asked if there were ever any closed door or other types of
meetings that Supervisor Stathakis had with Mr. Barra. Mr. Pilchak replied he couldnt
expect them to pick out a closed door meeting that occurred more than six months ago.

In speaking with Chief Leman, Mr. Pilchak said the Chief did not disclose that
Supervisor Stathakis had taken any money in his first conservation with Mr. Barra on
Friday, September 18. That aspect came up on Monday, September 21.

In the first conversation, Mr. Barra mentioned that Mr. Stathakis knew about the money.
In the second conversation, he indicated that Mr. Stathakis accepted some money.

Mr. Pilchak expounded on Mr. Barras statement regarding dissemination of the money
disclosing conversations with several individuals who were recipients of these funds.

The presentation continued with Mr. Barras contacts with Mr. Kassab subsequent to
him receiving the money.

The September 18, 2009 conversation between Chief Leman and Mr. Barra was
addressed. Discussion involved the Police Department space issues, investigation
regarding the rezoning of the 24 Mile Road and Schoenherr parcel, and disclosure by
Mr. Barra of receiving money from Mr. Kassab.

Events that occurred relating to Chief Lemans actions, upon receipt of Mr. Barras
information, was discussed at length.

Details of Chief Lemans investigation were relayed by Mr. Pilchak at length.

The Board took a 5 minute recess at 3:45 p.m.

The meeting reconvened at 3:50 p.m.

Mr. Stathakis interrupted Mr. Pilchak numerous times throughout the presentation giving
his version of dialogue stated by Mr. Pilchak.

Questions and comments of the Board were discussed with Mr. Pilchak and input was
received at periodic intervals during his presentation.

Mr. Pilchak concluded his presentation by providing an analysis based on observations
made during interviews with Mr. Barra and Mr. Stathakis.

As a result of the investigation, Mr. Pilchak recommended that Mr. Barra be suspended
without pay for a period of time that will result in a financial loss that significantly
outweighs his receipt of $500, such as at least one week as appropriate punishment
and to send the message to township employees that Civil Service Rule 3.13 is to be
strictly abided by; and that Mr. Barra be removed from the Acting Department Head
position, even if that entails a demotion.

With regard to administrative action, Mr. Pilchak recommends that the Township hire a
Level IV Supervisor or otherwise install a more responsible supervisory structure over
the Assessing Office. He believes the Township needs to hire a Human Resources
Department head. Mr. Stathakis should not be in the position of deciding Human
Resources issues.

Regarding a recommendation for legislative action, the investigator recommends that
the Township consider a formal mechanism requiring the affirmative written report to
both the Supervisors Office and the Clerks Office of any offer or receipt of money or an
item of value to any Township elected official or employee so there are no further secret
payments that can be characterized as a gift or other form of appreciation.

Exhibit "B" Page 3 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 4
Mr. Huth asked if at this time should we have a re-statement from Jaime Barra or his
representative and secondly should we determine if this report is subject to FOIA.
The first issue is whether Mr. Barra is waiving any objection due to the fact this has
been an open meeting and the report has basically been read.

Mr. Huth asked Mr. Barra if he has any objection to this report being subject to release
pursuant to a FOIA request. Mr. Barra said he has one request relative to that. Given
that Mr. Pilchak feels he has adequately investigated where the money went, would it
be possible to redact the names of those individuals who received monies so they arent
perceived in a negative light. The information that came from that was his concern. It
is factual, but he didnt want that to shed a negative light on those individuals.

Mr. Pilchak said a number of people asked him to omit things from this report because it
intrudes on their private lives. However, it is a well known law enforcement practice
that the more people know about something like this the more witnesses will come
forward.

Mrs. Kowal is wondering if it would be an embarrassment to the people who are under
real tough financial times to have this information made public.

Mr. Huth agreed we can give that some consideration.

Mr. Flynn said this is an open meeting. The names are already out, and the media is
here.

Mr. Pilchak stated this thirty-two page report was discussed over the past couple of
hours. He feels it might be fair to give Mr. Barra the opportunity to digest and make a
response. It would be asking a lot for somebody here without counsel to respond to the
entire report in one setting.

Mr. Stathakis said it was Mr. Barras decision not to have counsel here this afternoon,
not the Boards. It is up to the Board.

The Board was asked if it is their intent to act on the recommendation made this
evening. The Board concurred.

If the Board intended to take action tonight, Mr. Lange felt it would be appropriate to
provide Mr. Barra with an opportunity to respond. He has already done that but Mr.
Lange feels he should be provided another opportunity with some due process to make
any other comments he may like to make at this time. We certainly know his position
based on Mr. Pilchaks report. Before the Board were to act on any disciplinary
recommendation, they should ask if he has anything additional to say.

Mr. Stathakis asked if it would be okay with the Board if we let Mr. Barra make a
statement and then if we have questions we can ask them and then the Board will
decide what they want to do.

The Board concurred.

Mrs. Filar had a question that relates to procedure. If we are going to discuss
disciplinary action, is it going to be done in Closed Session or Open Session. Mr.
Lange responded that Mr. Barra has not requested that you have that discussion in
Closed Session. He certainly has the right to do that. He can do that at this point.
Until you get that request from Mr. Barra, it has to stay in Open Session.

Mr. Stathakis asked Mr. Barra if he has such a request. He responded that he does not.
Discussing this in Open Session is fine.

Mr. Stathakis said this is the time Mr. Barra can speak to Mr. Pilchaks statements.

Mr. Barra addressed the assumptions made by Mr. Pilchak, which he understands are a
result of his background. He believes something was misconstrued and led to the way
Exhibit "B" Page 4 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 5
Mr. Pilchak approached the idea that his discussion with the Chief came up as part of
an investigation. It came up because of rumors. The Chief didnt disclose to him
about an investigation per se. They talked about rumors that were going on in the
Township. They also discussed a number of different things budgets, space needs,
etc. and his reason for bringing the issue up was not to be in this position and create
this problem. He didnt want it, he wasnt looking at calling out anyone or saying
anybody did anything wrong. As time goes on and you look back at it, hindsight is
20/20. He believes things were not handled as well as they could have been handled.
He doesnt disagree with that. He recognized from the very beginning in receiving the
money that it wasnt proper and he wasnt allowed to accept that money. The point is,
and this is critical to him, he knows Mr. Pilchak sees this in a different light. When
somebody leaves something with you and walks away, you havent accepted it. It isnt
the same as if they handed it to you, you took it and you had an idea of what it was.
Mr. Barra believes Mr. Kassab is a professional gentleman and he has never had any
problems with him. He was asked would he compromise anything that he does for
money. The answer is no. He has been doing what he does for 26 years. For
somebody else to look at that situation and make an assumption does not represent the
facts. When the money was left, he handled the situation the way he was supposed
to. He took the envelope to the Supervisor. Now Mr. Stathakis doesnt agree with
that statement. He needs to move on beyond that but the decision was to give it
away. Mr. Stathakis interrupted and said that he denies that. Mr. Barra said fine. Mr.
Stathakis said that it is a big difference. Mr. Barra said it is a big difference and thats
where the crossroads come. Mr. Stathakis responded there are no crossroads on this.
Mr. Barra said this is where he and Mr. Stathakis disagree. That is a crossroad. He
doesnt know where else to go with this. His intention was never to say anything
derogatory towards Mr. Stathakis or about him.

That situation was not handled as well as it could have been. Somebody suggested
to him that he could have looked at this issue when it first blew up under a Whistle
Blower and that he would be protected. The allegations that have been made about
this whole issue coming forward and that this issue arose because of the investigations
is not true. Mr. Leman may have misunderstood that and he understands that and it
went forward from there. But this is not the case. The case is reliving something that
wasnt done. He never had money given to him before that. He never was involved
in this type of situation. He never had to deal with it and it certainly was new to him.
There is more to this. To him it is actually much simpler. The idea arose of giving
money away or giving it back to the Township. If he were to go to the Building
Department and give them $500 or to the DPW and give them $500, they dont have a
fund to receive that kind of money. He didnt want that to be misconstrued with what he
does on a personal level. He never saw this money as his money or the Townships
money. It was something that was left. It was the wrong way to do it. He agreed with
that right from the start. He understood the Civil Service rules. Thats easy. He
didnt want to benefit from this. He wasnt looking at saying anything negative about
anyone. When Mr. Kassab left the envelope, he didnt look at it as a bribe. He thinks
enough about what he does that this is not going to change the way he does his job.
That is why he is bringing this whole thing up. He wasnt trying to go after Mr.
Stathakis. During the first six to nine months this Board was in office, he asked how
many times he was part of the Board meetings. How many times did Mr. Stathakis
include him in what was going on around the Township. There were things about his
personality that he liked very much his character, his faith, his family, etc. He did not
want to create a situation. He feels this is something that was mishandled. He
doesnt have a problem in coming out and speaking the truth. Mr. Stathakis said you
leave my faith and my family out of this Mr. Barra. Lets stick to the facts. Mr. Barra
responded that is how he felt. According to Mr. Pilchak, the time lines we are talking
about could be anywhere from almost a year to nine months old. Anyone who knows
what Assessors do from December through March realize his life is a whirlwind and he
is so busy in his world getting assessment change notices out. When he goes back to
that time in March, he remembers he was wearing a jacket a lot much like he is wearing
today. He wore a jacket all through the month of March. Arguably, Mr. Pilchak
brought this up last week and in his closing comments he has reasonable evidence that
he may perceive this in December. He asked if there are other times that he wears a
jacket or a suit and honestly he normally does not. However, over the course of last
Exhibit "B" Page 5 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 6
year, he had been to more Board meetings, had come to more study sessions, and he
had been more involved so maybe his time line was confused. He never looked at this
as being anything insincere from Mr. Kassab but a gesture of bad judgment. He didnt
want Mr. Kassab to be construed in that manner. Mr. Kassab has never asked him to
do anything that he shouldnt do. As far as the time line regarding splits and
combinations, one of the things that people have to understand is December 31 is tax
day. That is the day that everyones assessment is based on. The truth is they work
on the assessment change notice process all the way through January and February.
This is the time frame they go back to. The splits and combinations arent actually
complete on the books; however, it has to have been recognized in that status as of
December 31. He doesnt actually handle the splits and combinations. Tom
Monchak in his office processes them and sends out e-mails all through the month of
January and February. There hasnt been any allegations against Mr. Kassab in
terms of thinking he was doing anything wrong or against Mr. Stathakis. As far as the
lady who received the money for her husband, her time frame doesnt match Larry
Kozaks and Mr. Kozak's doesnt match his. When we are looking back nine months,
we have three different answers all with the understanding that the money was there
and it came to them and he recognizes that. The date itself to him is important
because he gave the money away. He gave it to somebody that was actually going to
be a steward of that money. If you want to go under the presumption and say that it
happened because something was wrong and that somebody wanted an advantage,
that wasnt true. If it was true, he didnt see it. He never saw it that way. When
he looks at the next step, he was invited to a fundraiser at Mr. Kassabs home where
John Engler was to be present. He met him several times and he is a bright articulate
man and an interesting speaker. When you sit down in this 4 hour interview, your
mind is spinning and you walk away and began to fill in some of the gaps. He is not
talking about putting things in to make the answer sound great. He is thinking about
coming back to it and say I wish I would have included that. He was at the
fundraiser a short time and then left. He doesnt feel he or Mr. Kassab were doing
anything wrong. He has very little interaction with Planning Commission members,
and in his 18 or 19 years here it probably has been less than ten times. Usually it is
articulated through the Planning Director and he wouldnt know who they were. He
couldnt write down the names of three Planning Commission members right now.
He didnt understand the presentation and doesnt necessarily agree. At the point in
time the money was there, and he knew he couldnt keep it. He took it to the
Supervisor and talked to him about it. Mr. Stathakis doesnt agree with that. At that
point in time, as far as the Civil Service is concerned, he did what he was supposed to
do. People may not agree with him in that story. He didnt say any of this because
he wanted to create any harm to the Supervisor. He didnt want to put him in that
position. In his view of this, he wasnt looking at what his decisions were as being
anything that was wrong. Mr. Kassab told him if you dont want it, Im not taking it
back. Do whatever you want with it. Give it away, I dont care and he walked away.
The opportunity to go back in his office and get the envelope and bring it back out was
gone. There is a question about the delay. Mr. Stathakis was in a meeting. It was
past six oclock that night because he had stayed around. Whether or not he was in
meetings or not available the next day, he doesnt know. He knows that he tried and
wanted the opportunity to sit down with him face to face and that opportunity came on
Saturday. Mr. Stathakis does not agree with this. In discussing this with Chief
Leman, he wasnt trying to point out anything. In his mind, this was resolved poorly, but
it was resolved. Bringing it up to Chief Leman casually on a Friday opened Pandoras
box for him. When he came back on Monday, they went through it again and it just
snowballed. He felt it was something that was very innocent and resolved. It was
like someone stacking bricks on his shoulders. You feel the weight of the world start
coming down when you have an investigator, whether it be Mr. Pilchak, Chief Leman, or
the County Sheriff, polling him. It is unbearable. He doesnt agree with Mr. Pilchaks
recommendation. He has gone through five or six weeks of hell because he spoke
about something that happened in the past. He does agree with his comments about
putting together an ordinance and making this very clear. He said that at the first
meeting. He hopes at a minimum what comes out of here is a clear understanding for
all employees that this shouldnt happen again.

Mr. Barra asked if anyone had any questions.
Exhibit "B" Page 6 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 7

Mrs. Manzella said the time line wasnt so important to her because it doesnt change
the fact that the money was given to Mr. Barra, regardless if it was in December or
March. She understands that it establishes some type of credibility or at least the
credibility of how much Mr. Barra could remember about what happened nine or twelve
months ago. Nevertheless, Mr. Barra was given a gift and he gave this particular gift
away. Usually if somebody gives you a gift, do you worry about how you can get rid of
it? What was different about this gift? Was it because you were told to give it
away?

Mr. Barra responded in his rendition of his discussion with the Supervisor he explained
to him that he received the money and didnt tell him it was from Mr. Kassab until later
on in the conversation.

Mr. Stathakis indicated that Mr. Barra said he had three meetings with him. Mr. Barra
responded that was misconstrued. Mr. Barra said as far as the three meetings, there
really were times that they just walked by each other and he touched base with Mr.
Stathakis. He let Mr. Stathakis know on the second occasion that he had given $200 to
Larry Kozak. He wasnt trying to think of ways to distribute the money. He came
back to Mr. Stathakis and suggested that he take $100 and give it to his church. He
suggested this to Mr. Stathakis. The truth is Mr. Stathakis came back to him and said
well maybe Ill give this to St. Peter for school supplies. Those were Mr. Stathakis
words to him. He was fine with that. He gave Mr. Stathakis $100. Mr. Barra said
when the money was given back to him to give away he had the money with the
understanding that he was to give it away. Mr. Stathakis didnt have any preferences.
He didnt say to leave it to any individual or to give anybody a benefit.

Mr. Stathakis stated he wanted to make this very clear. His preference for that
transaction was for Mr. Barra to give that money back to where it came from. That
would have been his preference if he would have come up to his office.

Mr. Barra advised that was talked about later. That was in their meeting back in
September.

Mr. Stathakis said lets be clear. If that meeting had taken place, he wouldnt care if it
was November, December, January, February, or March that would have been his
preference. Mr. Stathakis said he supposes that he gave Mr. Barra permission to go
to a Tiger game and tell the Township that he was actually here. He asked Mr. Barra
if he gave him that permission too.

Mrs. Manzella indicated that is not the issue.

Mr. Barra said he will address that. Mr. Stathakis asked if he was going to implicate
him in that too. Are you going to tell this Board that he also told him that he can go to
that Tiger game?

Mrs. Manzella felt where specifically Mr. Barra gave the money is not as important as
we are making it out to be except for the fact that it looks like he did try to give the
money away or at least a majority of the money. Mr. Pilchak said only by his own
admission, Mr. Barra saw nothing wrong with Mr. Kassab providing him with the $500.
That is not what she is getting from Mr. Barra. She is hearing that Mr. Barra knew it
was wrong right from the start. Mr. Barra said there are some things that come into
play. Mr. Barra said in talking to Mr. Pilchak, some of his opinions on how things
should be handled are interjected in his questions. Some of the things that he sees to
be what he would believe are reasonable or not, he may not see things the same way.
That is what he said when he started out. If he had his background, he might think
more like he does. Things that Mr. Pilchak sees him do, to him arent reasonable.
They are different people.

Mr. Pilchak believes it is on the record that Mr. Barra said he didnt think that Mr.
Kassab did anything wrong at that point in time. Mr. Pilchak said except for two weeks
Exhibit "B" Page 7 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 8
of the year, Mr. Kassab didnt have matters in front of Mr. Barra. Can anyone just walk
in to Mr. Barras office and leave $500 on his desk and it is okay.

Mr. Barra said he never had this happen before in his life.

Mr. Pilchak stated this is the thing that troubles him and is a basis for his
recommendation to the Board.

Mr. Barra said you learn from things that happen. Why didnt Mr. Pilchak include in his
report what he had told him about the person back in August who tried to give him $300
for the second time in his life because they were really happy with something that he did
and he gave that money back right then.

Mr. Pilchak said it isnt in his report because it is so clear that in this instance the $500
was in his possession.

Mr. Pilchak asked Mr. Barra why the only two people that he alleged to know about this
gift from Mr. Kassab are him and the Supervisor. Is it by accident that no one else
knew about it? Theres nothing wrong with it. That is what he is troubled by.

Mrs. Manzella asked Mr. Pilchak about a statement made on page 26 where he said
there was an apparent lack of concern that a member of the Planning Commission
thinks its okay to show gratitude with cash payments. On the page before that, Mr.
Pilchak said that Mr. Kassab resigned from the Planning Commission. Why is the
position on the Planning Commission any different from the position on the DDA?

Mr. Pilchak said he is not intimately familiar with discretionary authority to the DDA. He
doesnt know if they have decision making or recommendation authority.

Mrs. Manzella believes the DDA is just as much if not more influenced than the
Planning Commission.

Mr. Flynn made some comments for the record. He feels there is evidence to suggest
in the record that a lot has been stated that Mr. Barra is entitled to consideration
because he came forward. Mr. Flynn said he thinks there is evidence to suggest that
he may have in fact come forward preemptively because of rumors. He feels he may
have wanted to get his story straight before he was exposed. The fact that he came
forward and admitted there were rumors circulating is significant. He thinks there are
enough discrepancies in the account that are either uncorroborated or contradicted by
other people involved. Material portions of Mr. Barras accounting of events cannot be
believed. Mr. Flynn thinks you can make the argument and he thinks Mr. Pilchak
does make the argument that Supervisor Stathakis may have exercised some poor
judgment which may be accounted to inexperience in his initial handling of the discipline
but having said that, he doesnt think you can make the leap to say that any portion of
Mr. Stathakis account can be proven beyond truth. He cant find any facts in the
records that suggest that even though there is a discrepancy in the memory of Mr.
Stathakis and some other witnesses, you cant make the leap and say Mr. Stathakis
suggested that it was okay for Mr. Barra to take the money or that Mr. Stathakis actually
took $100. It is not supported by any of the evidence. Mr. Barra is a likeable person
and the limited experience he had working with him primarily on business development
and things of that nature has shown his work performance to be good. He doesnt
have any complaints. However, this is a very, very serious matter and he is an acting
department head. Transparency and integrity in government are very, very important.
The public has to have confidence when they come in and work with the department
head that they are going to be treated honestly. He feels that trust has been
breached.

Mrs. Filar asked if there is a Code of Ethics that rules Assessing. Is there an
association. She asked if there is something that speaks to accepting money or not
accepting money. Mr. Barra said this is a gray question. The word is accept. If he
walks this over and sets it in front of somebody and walks out, did that person accept it?

Exhibit "B" Page 8 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 9
Mrs. Kowal stated you picked it up and put it in your pocket. Mrs. Filar agreed.

Mrs. Filar said in Mr. Barras definition, he knew that he shouldnt accept it. Mr. Barra
said certainly. Mrs. Filar said Mr. Barra felt it was okay because he asked the
Supervisor what to do. Mr. Barra said what is pertinent to this issue right now is the
Civil Service contract. He is aware of that. He did not accept it. His roll is to take
it from that point and give it to the person who is his immediate boss and also the
Human Resources Director. He took it to him the first chance he got and had a face to
face encounter.

Mrs. Filar stated the Chief said Mr. Barra came to him and said I want to tell you
something on the record. She asked the Chief if that is correct. The Chief said he
didnt come to him to tell him something. The Chief called Mr. Barra in regard to some
studies that were being done by the Township relative to his budget. Did Mr. Barra
say I want to talk to you on the record? The Chief said yes. Mr. Barra said in the first
part of his conversation with Chief Leman, he used the term on the record off the
record. It wasnt pertinent to this issue. When he came back to him the second day,
he said this is on the record, it was pertinent to the statement made on Friday in general
discussion. When Mr. Barra talked to the Chief on Friday, it was a relatively casual
conversation. When the Chief called him on Monday, and he went back to see him, it
was definitely a more serious tone and something that he thought about and he had to
question him further.

The Chief said the statement on the record was made on Friday. He stated most
people come to him and say this is off the record because they think that they can come
to him off the record and explain something. He thought this was ironic because you
cant do that because if it is something illegal or immoral he would have to disclose it.

Mr. Barra said if you ask him a question he will answer to the extent that you might say
that he talks too much, so be it, but he is not a liar. He didnt make any of this up, he
didnt fabricate it.

Mrs. Filar asked Mr. Barra if he thought he had done something wrong because
otherwise why did you go to the Police Chief if you didnt think you did anything wrong.

Mr. Barra said on Wednesday or Thursday before that he was asked to look at the
space needs. They were talking about moving Assessing and having the Police
Department absorb their space downstairs. He talked to the Chief about a number
of issues and this was one of the things on his mind.

Mrs. Filar has an issue with the time line and it seems there is really strong evidence
that this happened in December of 2008. The Board took their Oath of Office in
November and she has no doubt that Mr. Stathakis would have known it was wrong.
She doesnt know how someone makes a relationship with someone in a month that
makes him feel comfortable enough to have schemed that. She has an issue with that.

Mrs. Filar asked Mr. Barra if he is in the habit of lying on his timecard. Mr. Barra
responded no, not at all. He is here well beyond the time covered by the 37 hours.
This system is not the same as writing it in that you took the time. It is an exception
work sheet. If the paper didnt get filed showing that he had that day off Mrs. Filar
said as a department head it is very important that Mr. Barra is checking his time and
the other employees time. It is a very important function and it is very troubling that a
department head did not record his time off.

Mr. Barra said he has never knowingly taken time off that he hasnt given back to this
Township. He is often here in the evening and on Saturdays and he feels he gives
more time back to the Township than actually shown on his time sheet. If it is not on
his timesheet, it is a mistake. He accepts that responsibility. He will have to go back
to look at his own records to see if there is anything that explains this.

Mr. Stathakis asked Mr. Barra if he was at the Tiger game on April 15. Mr. Barra
responded that he thinks so.
Exhibit "B" Page 9 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 10

Mrs. Kowal is struggling with this situation. Once Mr. Barra took ownership of that
money and he determined how he was going to disburse it, she sees that as an
acceptance of the money. She is stunned that Mr. Barra doesnt see it that way.
Once you picked it up, put it in your pocket, and walked it upstairs you took ownership
of that money. She is stunned by Mr. Barras philosophy.

Mr. Barra said hindsight is 20/20. He agrees with that when looking back at this entire
matter.

Mrs. Kowal hopes that a lot of people learn a good lesson by all of this.

Mrs. Kowal said we still have a he says vs. he says. Cant a lie detector test be
given? Somebody is not telling the truth. She asked the Chief if this can be
arranged.

Mr. Flynn indicated all attorneys will agree that a polygraph test is not admissible in
Court.

Mrs. Kowal said we arent in Court.

Mr. Lange advised dont even go there. It is something to stay away from in terms of
employment.

Mrs. Filar feels that Mr. Pilchak has made a recommendation giving Mr. Barra the most
benefit of the doubt.

Mrs. Filar said in her opinion, if we dont want to give Mr. Barra the benefit of the doubt,
he is totally fired.

Mr. Lange thanked Mr. Pilchak for a very thorough investigation. Based upon Mr.
Barras statement, 26 years of experience, and admitted knowledge of the rules, he
should have known better. He agrees with Mr. Pilchaks comments. Mr. Lange said if
the Board were to decide to accept this recommendation, it should be looked at that
discharge is appropriate but because he came forward and because there are issues,
we are going to mitigate the proper penalty of discharge so that it is clear to the rest of
the employee work force if you do this you will get fired.

Under the Collective Bargaining Agreement, Mr. Barra will have the right to grieve the
decision and take it to binding arbitration. The defenses to the disciplinary action are
the same whether you give him a five day suspension or more than a five day
suspension or if you terminate him.

Mr. Huth asked if this is an appropriate setting to negotiate a discipline where a person
waives his right to arbitration so the Township has finality and not add any expense to
all of that.

Mr. Lange responded that would have to involve the Union as well. He supposes that
could take place; however, they dont have the ability sitting right here to know. It can
be very complicated.

Mr. Huth said if the Board says we are willing to adopt this recommendation and not
impose a capital punishment so long as we are satisfied that this is it, there is finality
here and we are not going to be spending money fighting in arbitration on this issue. If
the Union is allowed to make that arrangement in terms of a five minute recess or
something similar so we can leave here and know that the Township can move on.

Mr. Lange advised if the Union and Mr. Barra went outside and discussed this issue and
made that kind of affirmative representation in open session, if that were to happen, and
it would be less than a discharge and they would accept it, he would expect them to be
held responsible for whatever affirmative statement they make.

Exhibit "B" Page 10 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 11
Mr. Flynn said that is a great point but he cant speak for the Board. Speaking for
himself, he doesnt think he would ever make a decision based on whether or not we
are going to be sued for it. He will make a decision based on what the right answer is.
He would not take that into consideration. It is always regrettable when you have to
spend taxpayer money that you dont have to but the bigger picture here is integrity of
the Township government.

Mrs. Manzella indicated they have the opportunity to grieve it no matter what the Board
decides.

Mr. Lange said they have the right to grieve whatever the discipline is.

Mr. Barra stated if the Board adopted the recommendation suggested by Mr. Pilchak
and reiterated by Mr. Huth, he will waive his right to appeal to arbitration on the five
days to come back.

Mr. Travis, representing the Union, stated unless it is a policy grievance that affects all
of us, such as a change in working conditions, this pertains to Mr. Barra as an individual
and his discipline, and the Union would never file unless the employee wished it to be
filed.

If the person who may be grieved chooses this course of action, that is his option.

Mr. Wozniak asked Mr. Pilchak in his investigation did he feel this was a singular
episode. Mr. Pilchak responded absolutely. He has no reason to doubt Mr. Barra.

Mr. Flynn felt this is very serious and the facts suggest that termination would certainly
be warranted if there is consensus from the Board. If there is not consensus for
termination, he would suggest that the suspension be longer than was recommended by
Mr. Pilchak. This is a serious breach of public trust.

Discussion followed regarding campaign contributions vs. gifts. Mr. Pilchak suggested
that gifts or attempts to make gifts be reported to someone. It solves the problem of
somebody saying they went to the Supervisor. It would then be on file.

Mrs. Kowal advised that many municipalities in the State have ethics ordinances and
she can get copies for the Board to look at as a guideline.

MOTION by Kowal, supported by Manzella, to accept the report from Pilchak, Cohen
and Tice, P.C.
Motion carried.

MOTION by Kowal, supported by Manzella, to suspend Mr. Barra without pay for five
business days.

Mr. Flynn doesnt feel this punishment, in light of the offense, is stern enough.

Mrs. Manzella believes taking a bribe is something somebody would most likely be fired
for. She is not convinced that Mr. Barra is the only person that did anything wrong
here. If she was convinced that Mr. Barra did this all by himself, took that money,
and went and spent it and did whatever he wanted, that would be a different story.
She is not pointing the finger at anyone else. We dont have a Human Resources
Director. He should have gone to the Human Resources Director, but we dont have
one.

Mr. Flynn feels that is a separate issue. There is enough evidence in the record to
suggest that he should have known better. Even if you believe everything that Mr.
Barra has said, he is still in violation of both Civil Service Rules to the tune of $35, more
than he should have ever taken. He still admits that he took $60.

Mrs. Manzella said if she thought we would get a definitive 100% answer one way or the
other, she would say we should keep looking at this. She has a feeling that is not
Exhibit "B" Page 11 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 12
going to happen. We are not going to find a black and white answer of which one is
right and which one is wrong. This is a compromise that we have to look at.

Mrs. Filar believes that in Mr. Pilchaks recommendation and Mr. Langes explanation it
clearly states the proper discipline for these actions as admittedly done, is discharge.
She cant support a motion that just gives a five day suspension.

Mrs. Kowal felt Mr. Pilchak made those recommendations because in her opinion the
demotion is the big item, taking away the department heads status. That is the biggest
part.

Mrs. Kowal is not prepared to handle the demotion now because she isnt sure where
we would put him in the department.

Mr. Lange stated you dont have to take the entire disciplinary action tonight. You
could vote to demote him tonight as part of the discipline but make the decision as to
where he is going to be demoted to later so the act of demotion is voted on tonight and
the location is later.

Mrs. Kowal withdrew her motion.

MOTION by Filar, supported by Wozniak, to adopt the recommendation from William
Pilchak in terms of disciplinary actions to be taken on Jaime Barra to suspend him
without pay for a period of 5 days and also remove Jaime Barra as Acting Department
Head, which will result in a demotion.

Mr. Travis, Union representative, advised that Mr. Barra already spent $2,700 in
attorney fees for his legal representation. The demotion affects his income for the rest
of his career at the Township. It will affect his pension and his social security. The
entire situation has to be reviewed. He feels this is substantial punishment.

Mr. Flynn asked if the motion can specify that he will have no direct, unsupervised
contact with people who have business with the Township.

Mrs. Filar believes there is poor judgment but lesson learned. We need to make sure
there will be supervision.

Mr. Flynn asked if we can go with a ten-day suspension. Mr. Wozniak said no.

Motion carried.

Mrs. Manzella and Mr. Flynn voted nay.

Mr. Barra said this is the busiest time in his department. It doesnt benefit the
Township to have him take that time. He asked if the Board can take away his vacation
time rather than suspend him.

Mr. Stathakis said that will be considered and will be taken under advisement.

2. Contract Negotiation updates with Labor Attorney

MOTION by Kowal, supported by Filar, to recess to Closed Session to discuss contract
negotiations.
Roll Call Vote: Ayes: Kowal, Filar, Flynn, Manzella,
Stathakis, Wozniak
Nays: none
Mr. Viar was not present.
Motion carried.

The work session recessed at 5:55 p.m.

The work session reconvened at 6:10 p.m.
Exhibit "B" Page 12 of 13
CHARTER TOWNSHIP OF SHELBY NOVEMBER 10, 2009 PAGE 13

MOTION by Kowal, supported by Filar, to adjourn.
Motion carried.

The work session adjourned at 6:10 p.m.




_______________________________________
AS PREPARED BY THE TOWNSHIP CLERK



______________________
TOWNSHIP SUPERVISOR



ds
Exhibit "B" Page 13 of 13
My Exhibit C: Lisa Manzellas elections
filings for 2008 election file 08/05/2008
4 pages total

Page 4 Contribution #1 Mark Kassab direct
contribution to Lisa Manzellas re-election
committee for fund raiser.

Exhibit "C" Page 1 of 4
Exhibit "C" Page 2 of 4
Exhibit "C" Page 3 of 4
Exhibit "C" Page 4 of 4
My Exhibit D: Using the state tax rate
calculator I have figured roughly what this
one possible act of corruption may be
costing Shelby Township, Macomb County
and all others dependent on property tax
revenue.

https://treas-secure.state.mi.us/ptestimator/ptestimator.asp

452,693.00 Old SEV Value 2009 tax 13,012.00

362,500.00 New SEV Value 2009 tax 10,397.00

Total estimated loss to Shelby Township and
Macomb in property tax revenue per year:
$2615.00