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Transcript of the Testimony of Gary Box

Date: November 15, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: November 30, 2013

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Gary Box

In Re:

Joplin Critical Investigation

Page 1

IN RE:

JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

GARY BOX

Taken on Friday, November 15, 2013, from 11:50 a.m. to 1:11 p.m., at the law offices of Juddson H. McPherson, LLC, 626 S. Byers, in the City of Joplin, County of Jasper, State of Missouri, before SHARON K. ROGERS, C.C.R.650, a Certified Court Reporter and a Notary Public within and for the County of Jasper, and State of Missouri.

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Page 2

APPEARANCES

MR. THOMAS E. LORAINE Loraine & Associates, LLC 4075 Osage Beach Pkwy., Suite 300 Osage Beach, MO 65065

tellaw@loraineandassociates.com

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S T I P U L A T I O N

IT IS HEREBY STIPULATED AND AGREED that this Sworn Statement may be taken by steno-mask type recording by SHARON K. ROGERS, a Certified Court Reporter, and afterwards reduced into typewriting. It is further stipulated that the signature of the witness is hereby waived, and that said Sworn Statement of said witness shall be of the same force and effect as though said witness had read and signed Sworn Statement.

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I N D E X

Page/Line

DIRECT EXAMINATION BY MR. LORAINE

5-4

E X H I B I T S

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

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Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. A. Q. GARY BOX Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. A. Q. A. Mr. Box, you're not a City employee? No. Used to be a long time ago.

Oh, you did? I was Joplin police officer, Detective '72 to '85. I'll be dern. '85. I didn't know that. So '72 to

What was your rank?

I went up to Sergeant, but most of my career was spent as a Detective. about a year and a half. Detective is a better position? It was for me. I didn't like wearing a I was a Sergeant

uniform and I was an investigator and I enjoyed doing that. I took a promotion to

Sergeant for about a year and a half and I'd asked for a demotion and they wouldn't give it because of protocol, but we had three murders in one week and the Chief said do you want your rank back and I said, please, and he said we need you to go back. So actually Detective is not a pay level?

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Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. A. Q. A. Well, back then it wasn't, no. You went from

Patrolman, to Detective, to Sergeant. Detective was the equivalent then of a Corporal. Okay. Did you work with Joplin with this

present Chief? No, no, no. That was way before him? A long time. Who was your chief? I had two of them, the first one was Bernie Kakuske, and the second one was Larry Tennis. They're both retired. It's fair to say you go back a little bit with the City of Joplin then? 1972. I sure did not know that. Good to have the

background. I'm doing an investigation and I've been charged with according to the newspaper and according to my contract, they are consistent, I have been charged with investigating Mr. Woolston, Mr. Scearce, and any collateral matters that arise out of items that were taken, allegedly taken from Rohr's office, and any other collateral items

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Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. A. Q. A. Q. A. Q. that arise. Sure. As an investigator you know how that goes. I understand. And a lot of times when you start that process a whole bunch of other snakes pop out. I remember that well. Tell me what your present position with Wallace-Bajjali is. I'm the Project Manager. Joplin office. I'm the head of the

We have including myself four

employees here. David Wallace is my boss. He's the co-owner of Wallace-Bajjali. How big is Wallace-Bajjali? It's a large company, not in the terms of number of employees, but we are a traded company. Traded on the big board? Yes. We do master developments in several

communities. The home office is in Sugarland, Texas. They do everything on all the other Joplin, of course, was the They were selected this last

communities. destruction.

year in 2012 as the master developer for the

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Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. A. Q. Q. rebuild and by contract with the City and of course that contract was with the City Council. David felt it necessary to have a

presence full-time here in Joplin. Prior to September of 2012 I worked as economic development for the Joplin Chamber of Commerce which contractually does economic development for the City of Joplin. familiar with Wallace-Bajjali. So I was

In fact, I

was the Joplin liaison assigned to them, and then they offered me permanent employment for the rebuild. So as an economic development were you working for the Chamber of Commerce? Yes. Which has a contract with the City? Yes. So the City provides funds to them? Yes. Are those funds under the control of the City Council? Yes, every year they determine what amount, every year's budget how much that they will allocate to the Chamber of Commerce for economic development. In some communities

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Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. the economic development falls under the City a lot of times in planning, but with Joplin they find it very advantageous to do it outside because of course the laws in regards to disclosure, a lot of times in economic development you are dealing with site selectors and companies that have to maintain total amenity and so it's easier for the Chamber to do that than the City. You say you were working for the Chamber and then Wallace-Bajjali offered you - you would have been working with Wallace-Bajjali as a Chamber member? Oh, sure. As the economic development. David first came to Joplin in late July of 2011, maintained constant contact, many, many trips here. Late December of 2011 an RFP was

issued by the City for a master developer. The City received six responses, two of which were not considered, they weren't complete. There were four entities that were vetted. And then in April the City Council chose to enter into contract negotiations with Wallace-Bajjali and in late August the

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Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. A. Q. Q. A. contracts -That would have been 2012? 2012, right, late August of 2012 those contracts were signed and then David Wallace hired me immediately and then I immediately hired my staff. Would it be fair to say that the economic development job that you had with the Chamber, were you actually banking property with them? No. Nothing like that? No, it was attraction of business and industry is what we did. And what's your educational training? It's actually in Criminal Justice a long time ago, graduate of the Police Academy at Missouri Southern. I do have certification

out of the University of Oklahoma in economic development. What kind of certification is that? What is it? It's Oklahoma University It was a

Economic Development Council.

lengthy process of education that we had to go through, weeks and weeks and weeks and

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Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. Q. Q. A. Q. A. Q. A. Q. A. weeks and massive testing on economic development. Not a degree then? Oh, no. No, no, no, it's a certification,

not a degree. So what is the certification, six months? Actually it took me approximately a year, no, two years to obtain that. Is that an Associate's Degree? It probably has an equivalent to it. tried to check that out. Were you post certified as a policeman? Oh, yes, absolutely. I no longer carry I never

commission because I've been out of it too long. during the process of the selection of Wallace-Bajjali you say there were four entities that were chosen as possible bidders? Right. That would have been chosen by the City Council? Ultimately, yes. The Joplin Redevelopment

Corporation, they vetted it first and then they made their findings known to the City

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Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. A. Q. A. Q. Council and the City Council was the one that entered into it. So you played an important role in selecting these four? Yes, I was part of the vetting process. Vetting? Due diligence. Out of the four there were One was of

two site visits of the top two.

course down in Texas and the other was up in Kansas City. traveling. I didn't do any of the My job was to actually get on the

phones and call people in each of the communities and check backgrounds, job productivity, likes, dislikes, calling the local press, this type of thing. Who did the due diligence on travel? That would have been Rob O'Brien, President of the Chamber, Trish Laney, City Council lady. Still is? Uh-huh, Jane Cage. Who is that? She is a private citizen, private business woman, and she is - I don't know her exact title, but she's head of CART, the Citizens

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Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. Advisory Review Team, that was established post tornado. Oh, that's all tornado stuff, CART? Yes, absolutely. Was that appointed by the City? No, not really. It was a large group of Upon

businessmen came together post storm.

direction of a gentleman by the name of Steve Castaner, he is FEMA, and he led the disaster recovery team that came here. Where did he come from? He's actually out of Kansas City, but I mean he's with FEMA. He was the lead. He was

kind of the go to person, okay, what do we do now type of person. How to get money? (Nodding head) That was a yes? I'm sorry.

Yes, Steve is a great guy, I work with him very much, and he gave a lot of advice to the community as a whole. Out of it initially

right off the bat is you need a team of responsible individuals that will start doing some of the community input sessions and all this. Jane was picked to head that.

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Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. Then came the CART? Uh-huh. So actually it was not a City inspired organization? It had City influence on it. The City

Manager was involved, the Council knew of it, yeah. How did Wallace-Bajjali's name, how were they selected as a bidder on this project? It was through a multi-step. The interview

panel, which again I was a part of, we did personal interviews, half day interviews with the four. Can you give me the names of those four, if you can recall them? I can't. There was one out of New Jersey,

two out of Missouri and I believe both of them were out of the Kansas City area, and Wallace-Bajjali in Texas. They were

actually, all of them were a contrite name of a bunch of entities that came together to assist. Once the personal interviews were

done they were ranked and the top two then were vetted. And by that it was personal

trips, you go down and see what projects

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Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. A. Q. Q. A. Q. A. Q. A. Q. they've done and take a look. Was Woolston involved in that? Was Woolston involved? I believe he was.

I was told that he was part of the due diligence package. Yes, I'm pretty sure. But I'm not sure who I was told that by. I think Mike's role because Mike was Mayor, Mike was Mayor at the time, his job was to call the Mayors and Council people in the communities of those that we were vetting. That was his job. Did the City Manager play a role in the selection process? Not really. Did the City Attorney, was he involved in the process? Yes, not to any - being involved, listening, being updated on how -Was the City Manager also listening? Oh, I'm sure he was. But I mean neither of those two people had an active role in the selection process? No, not at all. You told me they were selected and I was

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Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. A. surprised between the time they were selected and the contract. was? Legal. Attorneys involved. It was quite the Can you tell me how that

contract. Areas of responsibilities, I mean we have actually the designed area, a geographic area that we were responsible for. Is it limited to that geographical area? Oh, no, we can do development outside, but we have a definite area within the City that we are responsible for, you know, redevelopment. And it just took time for both sides of attorneys to write the contract. What period of time was that when they were selected to? December to April?

Actually the RFP went out -What's an RFP? Return For Proposal. will. It's a bid, if you I think it was And then

It ended in December.

a 30 day period month of January.

in February started the selection process, the interview and all that process. It was probably from April, late April if I remember correct, late April until August before the contract was actually complete.

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Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. A. A. Q. Q. So the negotiation period really extended in all honesty from December until August? I would say January to August, yes. And during that period of time who was involved with setting up this entity, selecting this entity and the meetings? CART was involved, the City was involved, the JRC, the Joplin Redevelopment Corporation was involved in it. Who controlled the meetings? Golly. Alden Buerge was in charge. He was

the lead person with the JRC. Cage was in charge of CART. remember. Who for the City? I don't know. You don't know? Huh-uh.

Of course Jane Golly, I don't

I mean they were involved as far as

being, but no, they didn't lead this process. I know that Troy Bolander was involved of course because he was the one that issued the RFP. Troy is the City Planner, he was

involved in it. Did you get the spelling on that name? It's B-O-L-A-N-D-E-R. I think David

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Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. A. Q. A. Q. Q. Hertzberg that just left, David may have been involved in this because at the time he was Public Works Director and he was Troy's supervisor. Okay. After the contract was established,

let's just say some time in August, by that point you were on board? September 1. September 1 you went to work for Wallace-Bajjali? Right. And who took your former job over with the Chamber of Commerce? No one. Just dissolved, okay. Obviously you've been

involved in this community a long time, you know a lot of people. to Wallace-Bajjali? Absolutely. They felt so. You felt so. That would be helpful

Yes, I think the reason why I was chosen definitely of course was my economic development background. I worked with and

for Rob O'Brien, President of the Chamber. He is a Certified Economic Developer. Also,

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Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. Q. A. Q. A. Q. A. Q. A. Q. yes, my contacts and knowledge of people I think I have a very trustworthy reputation. A lot of people know me. me than I know. Are you registered as a state certified I think they call it lobbyist, municipal lobbyist? No. Are you aware of that? Uh-huh. You know what it is? Uh-huh. Yeah, one of my good friend from Probably more know

Joplin is one. Who is that? Gary Burton. Is Mr. Kuehn one of those registered lobbyist? Mr. Kuehn? Yes. No. Charlie? Are you talking about Mr. Kuehn?

Charles. No, he's a builder, not a lobbyist. I want to talk a little bit about the process of how the City staff works with Wallace-Bajjali. How does that go?

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Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. How it is now and has been for several, several months all communication between the City and Wallace-Bajjali goes through myself and Mark Rohr, the City Manager. Early on we

were, and not that we still aren't, in uncharted waters. This is the first time

this community has ever done anything of this magnitude. There were a lot of There was a couple of

communications.

departments with the City that we deal with on a daily basis. This can be the City

Manager's office, this can be the City Attorney's office, this can be the Finance Department, Leslie Haase, the Director, this can be Troy Bolander in the Public Works or City Planning Department, and then post storm they created the position and it's called Disaster Recovery Coordinator and that is Tony Robyn. before? No. Okay. It's Tony, T-O-N-Y, Robyn, R-O-B-Y-N. You've not heard his name

He is hired actually through a HUD grant for I think two years, and it is what it says, a disaster coordinator. Everything to do

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Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. ultimately goes through him at some point. Who is his supervisor? I'm not sure. Ultimately it would be Rohr,

but I don't know if there's people in between. know. I'm sure there is, but I don't

We have scheduled weekly meetings,

they're generally held on Mondays in the morning. Those don't always happen. But we

take time to communicate.

And when it's we Bruce

that's myself and Bruce Anderson. works with me.

He's my Finance Director.

And then when we go to the City for these meetings it's Rohr, it's Brian Head, the City Attorney, it's Leslie Haase, the Finance Director, it's Troy Bolander, the City Planner, and Tony Robyn, Disaster Coordinator. Not Rohr? Yeah, Mark is there. Okay. Got it. So that's the standard

operating procedure now and for two months? Yeah, for several months. Once we were Now it has

established we started that.

developed in any lines of communication, and by that I mean emails because everybody

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Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. Q. communicates with that. Let's say one of my

staff has a reason that they've got a question or they have a request it goes to me, from me to Rohr, and from Rohr to whoever that is directed to. Their response comes

back through him to me and me to my staff. The same thing for them. If they have

something of us it goes through Mark to me in the same way. We do that, and again this is

quasi military, okay, it works well. We may not have - Mark and I may not have any direct involvement of what that question or request is, but at least we know. way. So the primary contacts really are you and Mark at this point? Right. So, if you will, and I don't think you have to answer this question, but how are you paid? Wallace-Bajjali. But is it on a flat fee? I'm on salary. Salary, all right. Is there like bonus It works well that

potentials for you for profits or anything

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Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. A. Q. A. Q. A. Q. like that? No. Nothing like that? I'm straight salary. There's something going on right now with a ball club? Yes. Were you at the Monday meeting? No. I understand that the ball club is an independent league or something? Uh-huh. And you did not develop that? Yes and no. I've been involved in it. I was

the President for six years of the Joplin Sports Authority. During my presidency we were an entity of the City underneath the CVB, Convention and Visitors Bureau. We then

left the City and went out on our own because ultimately that was our original contact with the City. The Joplin Sports Authority receives funds through the hotel bed tax and what they do is they market the community for sporting events really. You're still involved in that?

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Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. A. No, no. Baseball, I've been involved in This facility, the

baseball my entire life.

ball park, Joe Becker Stadium, I'm still involved with ball there. I actually started

in 1956 as a bat boy for the American Legion team, and there's not been a summer that I haven't been involved over there than when I was in the military. for that facility. I've got great desire It's historic.

Everything is historic. That's where Mantle started, wasn't it? Uh-huh, it was where he played his first aid game. He was from what, Oklahoma? Quapaw. I knew Mickey very well.

You knew him? Uh-huh, very well. Anyway, a few years ago,

and I say by a few this would probably be somewhere 2008, 2009, Missouri Southern State University, they had played their home games, their baseball team has played their home games there forever, and it was obvious that they wanted to build a new facility on their campus. That would leave a big void for the Mark Rohr with his Parks

use of Joe Becker.

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Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. and Recreation Director, Chris Cotten, made contact with the American Association of Independent Baseball. baseball players. These are professional

They're actually not minor

leaguers because in baseball with major league baseball the minor leagues, each team has a direct legal affiliation with a major league club. These teams do not have that.

They are paid, they are made up former major league ball players, former minor league ball players, players that want to get a look and several were signed. The President of the

league, Miles Wolf, I believe, came to Joplin in I think 2010. We met with him. I was

invited to be there.

And he met with us at

Joe Becker. We gave him the greatest dog and pony show we could, but he was honest with us and he goes, guys, Joplin is a great baseball community. I think we could definitely have

a team here and would succeed, but this facility, this ball park doesn't cut it. storm happens. Didn't take Joe Becker, though? Huh? Didn't take it? The

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Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. No, no. The storm happens, we kind of forget Wallace-Bajjali steps in.

about that.

Wallace-Bajjali has been involved with and is involved with the American Association. Without your involvement? Right. Now I'm back involved, though. In

fact, the league, Mr. Wolf, gave a letter of intent and he said that he would support an independent team in Joplin if that team chose. Wallace-Bajjali is in contact with a

team in this association in Amarillo. They're called the Amarillo Socks. The owner

of that franchise has said I would like to come to Joplin. They don't want Joe Becker So

Stadium, they want a new nice facility.

through investigation by Chris Cotten the El Paso, Texas Diablo, that's the name of the ball team there, they're in this league, they have now lost the facility where they play ball to an actual AAA team with the San Diego Padres so they don't have anyplace to play. So a few months ago representatives of that team came to Joplin to meet with officials and there was a meeting at Joe Becker Stadium. Mark Rohr asked me to attend and I

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Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. A. Q. said I'll be glad to. They came, the Mayor

Melodee Colbert-Kean was there, Mark, Chris Cotten, and these representatives. dialogue has progressed and there is interest. The down side they would like a The

multi-million dollar investment back into that facility to upgrade it to standards that they need for that level of baseball. here to help if we can. Well, does this fall within the purview of your contract? Yes, it is one of our projects that we have listed. Now we anticipate that if our I'm

project would proceed -That's the Amarillo team? Not the team, it would be another team. That

team is going to stay there, but that owner then would have two teams that he would own. Or others. We would with other partners

build a new facility elsewhere in the community not utilizing Joe Becker Stadium. Is Joe Becker Stadium owned by the City? Uh-huh. Yeah, it's actually City property.

You have to say yes for the record. Yes, I'm sorry.

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Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. A. Q. A. Q. Q. Have you worked with, what was the guy's name that you said worked for Mark? Chris Cotten, Parks and Recreation? Yes, have you worked with him on this project? Yes. So what's the status of that contract? just had a meeting. Well, Monday night was a Council works session. If I remember the Council voted to They

continue discussions with the team, the El Paso Diablos. Does that include Wallace-Bajjali? No, we're not doing that. Because you didn't develop it? That's correct. That's not our project.

Because you said you worked with Cotten on it. Okay. I wear multiple hats in this My Wallace-Bajjali hat would be

community.

if we were to bring a team here it would be at another location. If Chris is successful

of bringing this team, the Diablos to Joplin, that would be a City project. have anything to do with it. I wouldn't I could support

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Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. it, but I mean I wouldn't have anything to do with that. That's not my project.

Are you aware of anything, can you shed nay light on this Mr. Scearce issue? Sure, I can. Tell me what you can shed on that. I've known Bill since he came to Joplin. came here as Parks and Rec Director. patrolman. I've known him. He

I was a

I've had his

acquaintance. friends.

I'm not going to say we're

I'm not going to say we're enemies. After he left the

We're acquaintances.

Packs and Recreation there was a period of time when he ran an Army surplus store in Joplin. Knew him in that business. There

was a time when he ran a staffing agency called Olsten Staffing Services. then as well. I knew him

In the year 2000 in May of

2000, in fact, May the 15th of 2000, a mutual acquaintance of Bill and myself by the name of Bobby Landis, Bobby and I started a staffing service called Priority Personnel. Bill had somehow lost, sold, or whatever his Olsten Staffing Business. His daughter was

involved with him in that business as well.

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Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 She started a company that never - I mean as far as started there wasn't any business and she named it Priority Personnel. But they

had noncompetes with Olsten and she wasn't allowed to do that business. buy that business from Bill. Bobby did not Bobby and

myself, we were going to try to buy the furniture that she had, but she wanted nothing to do with us. Bill's office was in

the Sears Plaza at 7th and Illinois on the north side of the building. Bobby leased

office space in the same building on the west side and we opened Priority Personnel. During the year 2001 Bobby hired Bill to be somewhat of an outside sales person for us for about a month or two, and every day he would go out and contact area businesses in an effort to gain new business for us and Bill was not successful and that relationship ended. I have known Bill like I said fairly In regards to the

well for many, many years.

gambling issue you could expect that me being a detective I know a lot about a lot of things that go on in Joplin, some of which you may or may not be able to make a case on.

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Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. I knew who some of the bookies were. I left the Police Department, I never gambled, I'm not a gambler, I don't like losing money, but I know who these guys are. I knew when Bill had Olsten Staffing on 15th Street, in fact, I went there on one occasion to visit with him about a totally unrelated subject. then? that. And was Bill involved in gambling In '85

I don't have any direct knowledge of Later was he involved? I don't have

any direct knowledge.

I have heard rumor. Bobby

I've mentioned the name Bobby Landis. is a 40 some year old man.

His father, Bob

Landis, is one of Bill's best friends. They were actually business partners. They opened

up a bar and restaurant in the 1200 block of Main called the Kitchen Pass. very well as well. Bob? Landis. The father? That's the dad. In fact, it was through my I know Bob

friendship with Bob that his son, Bobby, and I started business. Bobby was the owner of We

Priority Personnel, I was the manager.

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Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. had other employees. gambling problem. I knew Bobby had a He

He told me about it.

would go to Las Vegas several, several, several times during the year and gamble. would come in to work each day about 7:00 o'clock in the morning, I'd open up the office, get ready, we didn't open until 8:00. I saw faxes that came to our business from Las Vegas casinos to Bobby. name ever involved? No. Did I see Bill's I

I knew about the I heard Was

relationship between Bill and Bobby.

stories that Bill was gambling as well. he running book? be a fact.

Again I don't know that to

Just rumor.

Let me ask you another question. Sure. What do you know about the Woolston matter? I know that Mike has been accused - or alleged, let's don't say accused - alleged that there's some improprieties in regards to transactions of properties. Wallace-Bajjali, we work contractually with the City and the Joplin Redevelopment Corporation. Properties

that we are going to develop go through our efforts from the owner, current owners, to be

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Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. Q. A. purchased by the JRC, then we have contract to buy those out from the JRC in a timely manner to develop into major projects. Our projects generally encompass multiple parcel areas by multiple owners. There is one

project in regards to Mr. Woolston at 20th and Connecticut. He was involved with

Charlie Kuehn, the owner of Four State Homes. Charlie is our partner at that project at 20th and Connecticut. Wallace-Bajjali? Right. However, at no time have we had Mr.

Woolston involved in any land transaction. As far as I'm concerned there's been no impropriety. Let me ask you this question. zoning changes? We haven't requested any zoning changes to date. There will be. Some of those What about the

properties, well, most of our projects, some of them are going to have to be rezoned, because some of them are residential properties. You have to change to commercial? Commercial.

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Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Those zoning changes will ultimately go through the Council? They go through Zoning and Planning first. That's where they're vetted. Then they

actually issue a decision, but ultimately the Council has to make that decision. And I

know the Council forever as they are, if they have a vested personal interest or they have knowledge they all recuse themselves from that vote. that. I mean I've seen them all do

Maybe somebody is asking for a zoning

change and it may be a friend of theirs or something and they raise their hand and tell the City Attorney that they've got to excuse themselves from vote because they've got an interest. What you're telling me is two of my issues really aren't issues is what you're telling me. Well, one of the issues in regards to Bill and gambling, gambling back then, but lying now. For him to say that at the time that he

rented that space to Kenny Lovett, my estimation that's a lie. Lovett. He knew Kenny

He knew what Kenny Lovett did.

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In Re:

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Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Did you know Kenny Lovett? Sure, I did. I knew Bill Lyle.

Is Lyle the other one that got convicted? Yeah, there's one older gentleman. How many guys got convicted? Three. Who were they? Kenny and Bill, and the third one, the older gentleman, his name escapes me right at this moment. He's no longer here. But to sit and

tell the Council on the dais or tell the news media as he's done I only found out about that later, come on, Bill, we all knew. all knew. We

Gambling back then if the FBI's

investigation that they didn't want an arrest to him then that's their investigation, you know. But the ethics on the lying, yes. As

far as Mr. Woolston, no. There is one incident, though, or not incident, one matter I would like to make you aware of, though. Another project that we have is called the Senior Independent Transitional Living Center. This is a 24 plus acre project at A portion of it is Actually

26th and McClelland.

going to be what we call villas.

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Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. they're duplexes that will either be sold or be leased to people of age. independently. They live there

If one of the spouses or

something needs a little bit better care they can go into the independent living center, then there will be assisted living, and then a memory care unit. A portion of the

property that we are using for the villas, 5.85 acres has now been purchased from the local Elks Lodge. I am an Elk, Bill Scearce

is an Elk, Jack Golden another City Council person is an Elk. As we were looking at this

project actually a year ago -We? Wallace-Bajjali. We were trying to obtain

some land a little bit to the south, but the owner of that property ultimately did not want to sell. Who was that? Sonya, S-O-N-Y-A, Reneau, R-E-N-E-A-U. wanted to make that property kind of an amenity to what we were building with walking trails, water features, kind of a park setting, if you will for this community. the City of Joplin, but this senior Not We

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Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transitional community. When it was obvious that we weren't going to be able to get that David Wallace and I looked at other locations in that vicinity that we may be able to acquire. The Elks Lodge was totally

destroyed in the tornado and there was a loss of four lives. We were in the process of

building back our lodge, we had constructed a temporary facility. temporary. Well, it's not

It's now used as a garage, rather

large garage, we used that as our temporary lodge building. In October of 2012 I

remember talking with the exalted ruler, Charlie Sorenson, the treasurer, Randy Bell, and one of the board, Jim Willis, one evening out there about the possibility of Wallace-Bajjali acquiring that property for our project. That parcel had never been used

prior storm, it was just a wooded piece of lane. Never had been used by the lodge.

After the tornado it was pretty much wiped out. Again it wasn't in the lodge's plans to They told me, yeah, What And I

use, they just owned it.

we might have some interest in that. are you going to precisely use it for?

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Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. said, well, we could use it as this amenity parks type thing, but that we might want to use it for villas or duplexes. interested. They were

There were several conversations

during the fall and early winter between me, those three, and maybe two or three others, and they wanted to further the talks. Some

time after the holidays, this would have been in this year, the January/February time frame Wallace-Bajjali was requested by Council to give an update of all projects on a non-Council scheduled Council meeting. Closed meeting? Closed meeting? session. No, no, it was at a work In

We've done several of these.

fact, we were scheduled to do one this past Monday night, but it got cancelled. At that

meeting David Wallace - it was held not in the Council chambers, but in the anteroom where they have their informal sessions, open to the public. David gave one of his typical updates, power point presentation, quite lengthy, but it discussed where we were at in all of this. David's last name?

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Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. A. Wallace. That's your boss? That's my boss. After that session was over

we were getting ready to leave and Mr. Scearce and Mr. Golden came up to where I was talking with David and they asked if they could talk to him in private, and so the three of them then walked into a darkened Council chamber. Who was at the meeting? It was all of Council. But who went into the -Okay. It was Bill Scearce, Jack Golden, and David went in there upon I go ahead and leave. The

David Wallace. their request.

next morning at our office David and I speak and I said what was that meeting all about? He said they had a unique request, and I said, what was that? He said they want to

get involved in the Elks portion of our project, and I said what is it they want to do? He goes they want to act as our liaison

to the Elks in an attempt to acquire that property. He said, Gary, I know you've

already went far beyond what they're asking

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Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. to do, but don't you think it might be in our best interest to engage them on this so that they are at least on our side on this project? I might point out that those two

and one other Councilman, Benji Rosenberg, have been in vast disagreement with a large portion of what we do. They may vote for it

on dais to proceed on a project, but they tell us aside we don't like it. deal with. Joplin. We have to

It's politics in the City of

So I agree with David, I say, well,

if they're for us and they want to do this, well, okay. They're Elks, by the way.

You're an Elk? And I'm an Elk. I call Bill and I said,

Bill, let me give you some -Let's get the last name. Scearce. I call Scearce on his cell and I

said let me meet you and I'm going to give you some photocopies of exactly the land we're talking about so you know. He goes,

okay, so I met with him at his office and I provided these. He said Jack Golden and I

will be meeting with them and I'll let you know how it goes. I thought, okay, good

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Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 enough. One Saturday morning at about 8:30

he calls me on my cell phone and I'm at home and he says, Jack, I met with them. got it set up. you. We've

They're ready to talk with I tell David, in fact, I

I said okay.

called Wallace later that day and told him that I'd talked with Scearce, and I said they haven't done anything that I haven't already done, but at least they're on our side. continued the talks with the Elks. me. We

Stay with

You can't question me because I'm going On

to change gears here and you'll see why.

an unrelated project I had been asked to make a presentation to the Joplin Sports Authority about an indoor athletic complex. I had to

cancel it once because of a conflict I had, but ultimately it was rescheduled and this was for the Executive Board of the Joplin Sports Authority that would come to my office and we would have a meeting. Jack Golden,

City Council member, is the official Council liaison to the Joplin Sports Authority. on the Joplin Sports Authority he's Board Member Emeritus and that's Jim Frazier, Coach Jim Frazier. Jim is a retired football coach Also

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Page 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. and athletic director at Missouri Southern State University. He's also an Elk. He's

one of my greatest friends.

At this meeting

in the afternoon in March at my office we had this meeting. As soon as the meeting was

over I turned to Coach Frazier and Jack Golden and I said if you guys have a minute come into my personal office, I have something I want to show you. that they would. And they said

What I had was some

architect renderings of a site plan for the seniors project, and it included the 5.85 acres of Elks property. I laid this on a

small table in my office, in walks Coach Frazier and Jack Golden. They're taking a

look at it and Mr. Golden asks me how much are you going to pay them for this? said -Is Golden an Elk? He's an Elk as well. I said we are I said if And I

considering two different prices.

the Elks will not allow us to build the duplexes and all that we can use that property for is a parks amenity I think I'm going to offer them $1.00 to $1.25 a square

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Page 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. foot. I said if they would allow us to build

these duplexes it is worth more to us and I can offer them more. And Mr. Golden said how

much more, and I said I think we could offer, Wallace-Bajjali through the Joplin Redevelopment Corporation could offer them up to $3.00 a square foot. Mr. Golden turned to me, did not say a word, and it's going to be hard for her - and I'll describe in words what he did to me. He elevated both thumbs

upward in the air and with an upward humping motion kept doing this (indicating) to me. took that as Mr. Golden was telling me to keep upping the price, give more money to the Elks because he's an Elk. I was a little I

taken aback by it because I also know that even though he's an Elk he's a former City employee. He's a City Councilman. And I

thought at that time that crossed the line. I don't think that a City Councilman should be directing me as far as what I'm supposed to offer someone, but he did. Did you ask him about what he meant by the upward motion of the thumbs? No, I didn't have to. I knew what he meant.

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Page 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If he had went thumbs down in a downward that would have meant lower the price. I happened

to inform someone of that incident and that person made a request to the City Attorney to investigate. I was not ever questioned by No

the City Attorney about this incident.

one, again this is secondhand information, it is confidential, no one other than the two Councilmen in question, Mr. Golden and Mr. Scearce, were questioned by the City Attorney. I have since heard what the I was

results of that investigation was.

told that the City Attorney asked these two individuals, Golden and Scearce, what their involvement was in the purchase of the Elks property. They both informed the City

Attorney that, number one, David Wallace contacted them and requested them to intercede in an effort for us to acquire the Elks property. It went to the point that

evening at the Council update session David Wallace went to them, took them in another room and asked. a lie. That did not occur. That's

The next thing that they said is that

when they contacted the Elks Lodge in this

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Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. Q. A. Q. A. intersession the three individuals that I had originally been involved in talking with informed Scearce and Golden that the Elks did not want to deal with Gary Box. true. Who are those three that -This would be - actually it's going to be more than three now. It would have been That's not

Charles Sorenson, Randy Bell, Jim Willis, and Attorney Jake Skouby. Jake is the Newton Jake is now the

County Prosecuting Attorney.

Exalted Ruler of the Elks Lodge. What's Jake going to tell me? Jake's going to tell you that's not true because I've asked Jake that recently and he said, no. Are you intending on prosecuting them? No, there's nothing to prosecute. can't prosecute somebody for lying. I mean you But when

asked by the City Attorney they lied to him about their involvement. That's not the way that happened. Would any of these people including Wallace, would any of those people be willing to testify to that?

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Page 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. Q. Q. A. Q. A. Sure, David Wallace it's my understanding -I had a meeting and he cancelled it. He was going to be in Jeff City and I was supposed to tell you this at a Missouri Development Finance Board meeting. He was

flying from Houston up there and that's been cancelled so he'd like to meet with you the next time the two of you can here in Joplin. Let me ask you this. Could you get any of

those other gentlemen to agree to come down and talk to me? Sure. Who could you get for me? I could ask Jake. He'd probably feel a little bit intimidated by the -Well, you know, I said did you guys not want to deal with me, and he goes, no, never, ever. I can ask him, I can ask Charlie Definitely David Wallace. David

Sorenson.

will inform you that he nor Wallace-Bajjali went to these Councilmen and asked for their help. They came to us. Did this ultimately

Let me ask a question. sell?

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Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Yes. For what price? It was at $3.00 because they are going to allow us to build these duplexes behind there. Originally they would have put a

covenant on that property with redeed restrictions, but now they have eliminated those. There are still deed restrictions, we We can't

can only be one level above ground. have multiple stories. Is that not within the City limits? Yeah, it's in the City limits. So it's still under control.

Yeah, I've seen

a legal memoranda somewhere about that, but the finding was negative, I know that. I would have loved to have talked to Brian Head about it, the City Attorney. are friends. time. He and I

We deal with each other all the

But I felt it was inappropriate for me

to make that request, but I was somewhat shocked that he didn't come and ask my thoughts or at minimum go to David Wallace and ask him. It's a matter of thoroughness is what you're saying?

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Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. Absolutely. I probably don't have a lot - I mean you've straightened a lot of stuff out for me on Wallace-Bajjali. I was going to tell you I

probably don't need to talk to Wallace, but now I think I do for that issue only probably, but it could be a limited basis. would like you not to talk about what has occurred in here, but I do feel if anybody would like to talk to me I'd like to schedule an appointment with them. of my cards. I'll give you one I

I'll be back and forth here I don't

probably another two or three weeks. know.

It's possible I will see all the individuals that I need to at the Elks this evening. If you could. Sure. I don't want a discussion about what we're doing in the streets so I don't know if they would - I mean it seems to me that the issue would be credibility on why they didn't want to deal with you versus the other two saying that they didn't want to deal with you. mean that's the issue there. I

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Page 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. A. Q. Q. A. I can tell you my opinion on why they would have said that, and this is my belief. Scearce does not like me. Well, I'm sure you don't like Bill either. I Bill

mean I understand, but likes are not at issue here. No. We're to the point of bigger things. Oh, sure. Okay. desk? I understand.

Anything about the notes on Rohr's You don't know nothing about that?

All I know is what Mark has told me. What's that? That note was on his desk. I mean going back

putting my old top hat on as an investigator when Scearce holds a news conference and discusses what I call fruits of the crime and being in possession of, that's a felony. You're in possession of stolen property. For

him to say - it would be interesting to know how he got it. Again investigator hat, if a

City employee would have found that laying on the floor in a common area on the second floor that individual would have recognized Rohr's handwriting. Why would anybody take

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Page 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. it to Bill Scearce? As an investigator that

makes no sense to me. I'm not saying that Bill is the one responsible for removing that from Mark's desk, but someone did. Mark's office all the time. I'm in

He keeps yellow

sticky notes on his desk and there's lots of them all the time. I'm not saying it's

impossible that note could have been found outside that office laying on the floor, but I find it highly improbable. That's

something for you and Mr. Scearce to discuss, but ultimately I mean I've had that conversation with a few people that asked my opinion and I said actually as the Missouri statutes read the entry into an open door into Mark's office for the purpose of removing something constitutes burglary. You

don't have to break and enter anything other than a plane. Okay? If he removed something In a burglary value That piece of paper

that constitutes theft. has no bearing. Okay?

and being in possession of constitutes a felony. Burglary? Burglary. And I don't think whoever may have

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Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. done that considered that at the time that it was done, but ignorance to the law is not a defense. It's unfortunate. I know that

there is this push/pull match between not just Mr. Scearce but other Council members and Mr. Rohr. I have my own opinion on it

and I can tell you as a citizen of Joplin I'm embarrassed by what's going on now. I have

spent the last two and a half years of my life working solely on the rebuild of this community, but yet we have City Council up there that can't get their act straight that are impeding the progress that we're trying to do and it's based solely off of egos and not really caring for anybody but themselves. And I'm sorry and I'm embarrassed. Pretty bad state of affairs in this town. There's a few people from the City that went to Tuscaloosa here a few weeks ago. I can

tell you in the months following the storm my counterpart at the time in Tuscaloosa, he and I would talk regularly. He was very

embarrassed on his part and very jealous about Joplin. Those roles have reversed. We And

are now, oh, my god, the laughing stock.

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Page 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. we should. But then again I know the egos

and the personalities of these people that are involved and it doesn't surprise me. They're that way in their personal life as they are on that dais and it's sad. You know, elections have a tendency to straighten those things out. does. You know, again my involvement in the City since 1972, we've always had that in the back of our mind, if you don't like - and you can go whichever side you're on, if you don't like it you know that within two years it could change. The sad thing though is now as I hope all this

months go to the next election we're burning daylight. And again this is way off track, A city has only so

but just to let you hear.

many moments in the sun where people are willing to contribute and help. We were the

poster child for a natural disaster for the first year and a half. Not that we still

aren't, but with this turmoil people are starting to take a second look at us and not in a positive way. Yesterday there was a

press conference in City Hall with one of the

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Page 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 community leaders spoke about 5/22/16. That's the five year anniversary. Generally

that's the last look that the media will give you. It's the five year anniversary. Okay,

what have you done in five years? own town, okay?

This is my

We had a chance in the

1950's to make this community bigger and better, but we turned our back on it. In the

1950's Joplin was bigger than Springfield, Missouri in population. Joplin was a mining

and a mining implement manufacturing community. In the 1950's an industry came to

the city, went to the city fathers, and asked for some incentives to build an industry here and they turned their back on them and said, no, we're mining, go away. to Springfield. Dixie Cup. That company went

That company's name was Not that I don't want

Progress.

to live in Springfield, it's a big city, but generally in economic development a community gets one chance. We had one chance. We've

been given a second one.

So help me I don't

want to go through what we did the second time for a third chance. So why we all can't

get along and play well and make this easy, I

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In Re:

Joplin Critical Investigation

Page 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. don't know. Again I do know. I know these

guys and it's sad. I wish the two sides, or more actually, I wish the sides would get together and try to do something together, but not what I see from this end. I mean we're looking at ethics violations by Council. You're always going to have one

side or the other is going to be the leaders. I mean generally you're not going to have out of nine people nine all on the same side. Nor should you. But the Council that we've

got now it's almost as if, yeah, I'm a Council member, that doesn't pertain to me. We used to have a phrase on the P.D., they don't say it now, but we used to joke, I don't have to obey the law, I am the law. And I use that, that doesn't pertain to me, I'm Council. No, it does. There's a right

way and a wrong way.

Just because you're a

Councilman doesn't give you free reign on anything you do. but -I appreciate you coming in. Sometimes we I'm sorry I've went off,

take it all down and try to sift through it.

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Joplin Critical Investigation

Page 55 1 2 3 4 5 6 7 8 9 10 11 12 (SWORN STATEMENT CONCLUDED) Q. A. I'll have to read all these things and try to come up with some kind of analysis of what's going on here. The more the better. I wish you

I thank you for being here. weren't. There you go. in.

Thank you very much for coming

I appreciate it.

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Gary Box

In Re:

Joplin Critical Investigation

Page 56 REPORTER'S CERTIFICATE

STATE OF MISSOURI ss. COUNTY OF JASPER I, SHARON K. ROGERS, Certified Court Reporter in the State of Missouri, do certify that pursuant to the foregoing Stipulation the witness came before me on the 15th day of November, 2013, was duly sworn by me, and was examined. That examination was then taken by me by

steno-mask recording and afterwards transcribed; said Sworn Statement is subscribed by the witness as hereinbefore set out on the day in that behalf aforesaid and is herewith returned. I further certify that I am not counsel, attorney, or relative of either party, or clerk, or stenographer of either party or of the attorney of either party, or otherwise interested in the event of this suit.

_________________________ SHARON K. ROGERS, CCR-650

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