hogelin, barbara | testimony transcript

Transcript of the Testimony of Barbara Hogelin

Date: November 5, 2013Volume: I

Case: In Re: Joplin Critical Investigation

Printed On: November 13, 2013

Holliday Reporting Service, Inc.Phone: 417-358-4078

Fax: 417-451-1114Email:[email protected]

Internet:

Barbara Hogelin In Re: Joplin Critical Investigation

417-358-4078

Holliday Reporting Service, Inc.

Page 1

IN RE: JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

BARBARA HOGELIN

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

p.m., at the law offices of Juddson H. McPherson, LLC, 626

S. Byers, in the City of Joplin, County of Jasper, State of

Missouri, before

SHARON K. ROGERS, C.C.R.650,

a Certified Court Reporter and a Notary Public within and

for the County of Jasper, and State of Missouri.


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APPEARANCES

MR. THOMAS E. LORAINE

Loraine & Associates, LLC

4075 Osage Beach Pkwy., Suite 300

Osage Beach, MO 65065

[email protected]


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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

Exhibit #A. . . . . . . . 5-13

Advice of Rights

Exhibit #13 . . . . . . . 7-10

9/26/13 Budget session excerpt

Exhibit #14 . . . . . . . 8-18

10/7/13 City Council meeting excerpt

Exhibit #15 . . . . . . . 9-9

Council bill 2012 009 and 2012 111

Exhibit #16 . . . . . . . 10-12

Council bill 2012 015, Order 2012 130

Note: Exhibits in separate binder

(sic) - typed as spoken

(ph.) - phonetic


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1 BARBARA HOGELIN

2 Having been first duly sworn and examined,

3 testified as follows:

4 DIRECT EXAMINATION BY MR. LORAINE:

5 Q. Do you want me to call you Ms. Hogelin?

6 A. You can call me Barbara.

7 Q. Barbara, my name is Tom. We talked a little

8 bit in the hall. I'm the guy that has been

9 asked to do some investigations. I'm sure

10 you're aware of the shenanigans. So to that

11 I need to advise you of your rights. As I

12 understand it you've had opportunity to read

13 Exhibit #A?

14 A. Yes.

15 Q. I'm going to read it for you. "Advice of

16 Rights. I wish to advise you that you are

17 being questioned as part of an official

18 investigation by the City of Joplin. You

19 will be asked questions related and

20 specifically directed to the performance of

21 your official duties of fitness for office.

22 You are entitled to all the rights and

23 privileges guaranteed by the law of the

24 Constitution of the State and the

25 Constitution of the United States, including


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1 the right not to be compelled to incriminate

2 yourself. I further with to advise you that

3 if you refuse to testify or to answer

4 questions relating to the performance of your

5 official duties you will be subject to

6 departmental charges, which could result in

7 your dismissal from your official duties. If

8 you do answer, these statements may be used

9 against you in relation to subsequent

10 departmental charges, but not in any

11 subsequent criminal proceedings. I have read

12 and full understand the Advice of Right as it

13 appears above. This information has also

14 been read to me prior to answering any

15 questions." Do you understand Exhibit #A,

16 the Advice of Rights?

17 A. Yes, I do.

18 Q. Barbara, would you please print your name

19 above and then sign your signature?

20 A. (Witness complies)

21 Q. The date is November 5th. All right, have

22 you done what I've asked you to do, print

23 your name and sign your name and date it?

24 A. Yes, I have.

25 Q. All right. And that's all on Exhibit #A,


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1 isn't it?

2 A. Yes.

3 Q. Barb, you have been asked to give me two

4 excerpts from Council meetings and certify

5 them as the excerpts, is that true?

6 A. Yes, I have, and I have them with me.

7 Q. And these are the two. I'd ask you to mark

8 these the sequential number of exhibits.

9 (Reporter marks exhibits)

10 Q. (By Mr. Loraine) Barb, Exhibit #13 is now

11 marked and can you tell me what that is?

12 A. It is the excerpt of the minutes from the

13 budget work session from September 26th of

14 2013.

15 Q. And this is under your seal and this is

16 certified to be accurate?

17 A. Yes, sir.

18 Q. I understand there are some inaudible

19 sections of some of this stuff that you

20 couldn't get what is said off the tape, is

21 that true?

22 A. Yes, that is true.

23 Q. But you've done your best here and

24 transcribed those excerpts?

25 A. Yes, sir.


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1 Q. Now these are the sections that you

2 understood to be relevant to what we

3 requested?

4 A. Yes.

5 Q. I also understand that you now are going to

6 create me the entire meeting minutes in a

7 separate document at some subsequent time

8 just so we can't be accused of taking only

9 excerpts that may or may not be inclusive of

10 all the material?

11 A. Okay.

12 Q. Do you understand what I said?

13 A. Yes, sir.

14 Q. So if you will when you create them we'll

15 just call it #13A and #14A, okay? Those will

16 be the rest of the transcript, okay?

17 A. Okay.

18 Q. #13A and #14A so we can keep these. The #14

19 would be on October 7th and the #13 would be

20 on September 26th. Is that fair enough?

21 A. Yes, sir.

22 Q. And hopefully that doesn't have to be

23 immediately.

24 A. Thank you.

25 Q. That's any time in the near future. I'll be


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1 doing this for probably three months or

2 something. Who knows.

3 A. Okay.

4 Q. What else have you brought me today?

5 A. I was asked to bring you the Ordinance Number

6 2013-111 that is the Predevelopment Agreement

7 between the City of Joplin and

8 Wallace-Bajjali.

9 Q. Now we're going to mark that #15. And you

10 see that #15?

11 A. That is correct.

12 Q. That is the agreement that was negotiated

13 between Wallace-Bajjali and the City?

14 A. That is correct.

15 Q. And I guess the City Manager was involved in

16 this and I guess the City Attorney, is that

17 right?

18 A. Yes, sir, it's signed.

19 Q. Okay. And this is accurate to the best of

20 your knowledge and belief?

21 A. Yes, sir.

22 Q. And it looks to be multiple pages and they're

23 numbered, I guess. Are they sequentially

24 numbered? No, there's some other stuff.

25 I'll have the court reporter count these, but


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1 what you've given me is the total and

2 complete document?

3 A. Yes, sir.

4 Q. And that's marked Exhibit #15. What else

5 have you given me?

6 A. Now I have Ordinance Number 2012-130 and it

7 is the Land Assemblage disposition between

8 the master developer, the Joplin

9 Redevelopment Corporation and

10 Wallace-Bajjali, and it was signed the 20th

11 day of August 2012.

12 Q. How does #15 and #16 differ, please?

13 A. That is the agreement with Wallace-Bajjali

14 and this is the Land Assemblage Agreement.

15 Q. All right. Very fine. #16 would be the Land

16 Assemblage Agreement. And that's the

17 complete one?

18 A. Yes.

19 Q. We'll have the court reporter number those

20 pages and go from there. Is that all you

21 brought me?

22 A. That's all I brought.

23 Q. Now I do have a request. Court reporter, we

24 just talked about this in the last

25 deposition. What was it that they were


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1 suggesting? We'll go off.

2 (Off record discussion held, back on record)

3 Q. (By Mr. Loraine) There has been a series of

4 complaints about Wallace-Bajjali's actions

5 after they were contracted. Any minutes that

6 reflect those discussions I would like to

7 have a copy of.

8 A. Okay.

9 Q. Now that probably will take you a little bit

10 of time, but I don't need that immediately.

11 If you can just assemble that. And that

12 would have a little more priority than the

13 other two things we talked about.

14 A. And these minutes, are these Council minutes?

15 Q. Yes, they were Council minutes. And let me

16 ask you a question. Are there any other

17 minutes kept by the Redevelopment Corporation

18 that you're aware of?

19 A. I'll have to go back and look.

20 Q. That would reflect any complaints?

21 A. I don't know. I'd have to go back and look.

22 Q. So those would be my requests of you for

23 today, and you can get that to me any time

24 you can get to it. Those have more priority

25 than #13A or #14A, okay?


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1 A. Okay.

2 Q. Sorry to give you all this work.

3 A. No, that's okay. That's fine. One other

4 thing the City Attorney asked me to do was

5 the board members clear back to 2011, the JRC

6 board members.

7 Q. Yes.

8 A. I'm getting those. I'm working on them.

9 Q. Unless you have some information that I just

10 need to look into, you know what my job is,

11 you've seen the contract that I have?

12 A. Yes.

13 Q. Or you read the paper what I'm supposed to be

14 doing?

15 A. I read the paper.

16 Q. That's basically what I'm supposed to be

17 doing. Is there anybody else that I need to

18 talk to that is just a must?

19 A. I can't think of anything. But I just want

20 to ask this. These are Council minutes of

21 complaints you said, a series of complaints

22 and actions against Wallace-Bajjali, okay.

23 Q. Well, there may not be any actions, but there

24 were complaints and the board probably

25 discussed what those complaints were.


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1 A. Okay.

2 Q. And I'm going to let you go. Thank you very

3 much for coming in.

4 A. Yes.

5 Q. Also, there's been some kind of a phone

6 established somewhere for complaints, call-in

7 complaints. Do you know anything about that?

8 A. No, I don't.

9 Q. I'll speak to the City Attorney about that.

10 Thank you very much.

11 A. All right. Very nice meeting you.

12

13 (SWORN STATEMENT CONCLUDED)

14

15

16


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REPORTER'S CERTIFICATE

STATE OF MISSOURI

ss.

COUNTY OF JASPER

I, SHARON K. ROGERS, Certified Court Reporter in the

State of Missouri, do certify that pursuant to the

foregoing Stipulation the witness came before me on the 5th

day of November, 2013, was duly sworn by me, and was

examined. That examination was then taken by me by

steno-mask recording and afterwards transcribed; said Sworn

Statement is subscribed by the witness as hereinbefore set

out on the day in that behalf aforesaid and is herewith

returned.

I further certify that I am not counsel, attorney, or

relative of either party, or clerk, or stenographer of

either party or of the attorney of either party, or

otherwise interested in the event of this suit.

_________________________

SHARON K. ROGERS, CCR-650

hogelin, barbara | testimony transcript

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