RECEJ~~
65448-POH
~-‘~
çp~’ç
nr’~’
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
B~R~t~
2003
5~~rE
Oi~
tLL~NOL’~
MICHAEL WATSON,
Pollution
Control Board
Petitioner,
No.
PCB 03-134
VS.
(Pollution Control Facility Siting Appeal)
COUNTY BOARD
OF
KANKAKEE COUNTY,
Consolidated With PCB 03-125, 03-133,
ILLINOIS,
and
WASTE MANAGEMENT
OF
03-135)
ILLINOIS, INC.,
Respondent.
NOTICE OF FILING
TO:
See
Attached Service List
PLEASE
TAKE NOTICE that on May
16,
2003,
we filed with the Illinois
Pollution
Control Board,
the attached Motion to Hearing Officer for Leave to Submit Additional
Questions,
a copy
of which
is
attached hereto and
served upon you.
QUERREY
& HARROW,
LTD.
Jennifer J4 Sackett Pohlenz
Jennifer J.
Sackett Pohlenz
QUERREY
&
HARROW,
LTD.
175
West Jackson Boulevard
Suite
1600
Chicago, Illinois
60604
(312) 540-7000
Attorney Registration No.
6225990
Attorneys for
Petitioner Michael Watson
Document
#:
826989
Printed
on
Recycled Paper
PROOF OF SERVICE
Alesia Mansfield,
a non-attorney,
on
oath
states
that
she
served
the
foregoing
Notice
of Filing,
along
with
copies
of document(s)
set
forth
in
this
Notice,
on
the
following parties
and persons
at
their
respective
addresses/fax
numbers,
this
16th
day
of
May,
2003,
by
or
before
the
hour
of 4:30
p.m.
in
the
manners
stated
below:
Via
Facsimile
Donald Moran
Pedersen & Houpt
161
North
Clark
Street
Suite 3100
Chicago, IL
6060 1-3242
Fax:
(312)
261-1149
Attorney
for Waste Management of Illinois, Inc.
Via
Facsimile
Kenneth A. Leshen
One Dearborn Square
Suite
550
Kankakee,
IL 60901
Fax:
(815) 933-3397
Representing Petitioner in
PCB 03-125
Via
Facsimile
George
Mueller
George Mueller, P.C.
501
State
Street
Ottawa,
IL 61350
Fax:
(815) 433-4913
Representing Petitioner in
PCB 03-133
Via
U. S.
Mail
Leland Milk
6903
S.
Route 45-52
Chebanse,
IL 60922-5 153
Interested Party
Via
Facsimile
Charles
Heiston
Richard
Porter
Hinshaw/&
Culbertson
100 Park Avenue
P.O.
Box
1389
Rockford,
Illinois
61105-1389
Fax:
(815)
490-4901
Representing Kankakee
County Board
Via
U.
S.
Mail
Patricia O’Dell
1242
Arrowhead Drive
Bourbonnais, IL
60914
Interested
Party
Via
Facsimile
Keith
Runyon
1165
Plum
Creek Drive
Bourbonnaise,
IL 60914
Fax: (815) 937-9164
Petitioner
in
PCB 03-135
Via
Facsimile
L.
Patrick
Power
956
North Fifth
Avenue
Kankakee,
IL 60901
Fax: (815) 937-0056
Representing Petitioner in
PCB 03-125
Via
Facsimile
Elizabeth
S.
Harvey, Esq.
Swanson, Martin
& Bell
One IBM Plaza,
Suite 2900
330 North
Wabash
Chicago, IL
60611
Fax: (312) 321-0990
Representing
Kankakee County Board
Via
Hand Delivery
Bradley
P.
Halloran
Illinois
Pollution Control Board
James
R.
Thompson Center,
Ste.
11-500
100
W. Randolph Street
Chicago,
IL
60601
Hearing
Officer
~//1
1
Alesia Mansfield
Printed on
Recycled Paper
65448-POH
BEFORE THE ILLINOIS POLLUTION CONTROL E~~VED
CLERK’S
C~’~”~
MICHAEL WATSON,
M~4’(I
~
2003
Petitioner,
No.
PCB 03-134
STATE OF ILLINOIS
Pøfl~tjo~
control Board
vs.
(Pollution Control Facility Siting Appeal)
COUNTY BOARD
OF KANKAKEE COUNTY,
Consolidated With PCB 03-125, 03-133,
ILLINOIS, and WASTE MANAGEMENT OF
03-135)
ILLINOIS, INC.,
Respondents.
MOTION TO HEARING OFFICER
FOR LEAVE
TO
SUBMIT ADDITIONAL QUESTIONS
Now
Comes Petitioner Michael Watson,
by and through his attorneys at Querrey &
Harrow, Ltd. and moves the Hearing Officer for leave to
submit additional questions to
Efraim
Gill:
1.
On
May 1,
2003, the Hearing Officer rule that Mr. Gill’s discovery deposition
would not be
taken on the basis of the County’s Motion to
Quash his subpoena,
and grated the
County’s
Motion.’
The Hearing Officer, however,
allowed Petitioners to
submit written
questions to Mr. Gill.
2.
On
May 6, 2003, Petitioner Watson submitted
written questions to the County to
send or provide to Mr.
Gill.
3,
A true and correct copy of Mr. Gill’s answers
to the written questions are attached
as Exhibit
A.
1
Petitioner Watson
is,
with no
disrespect intended to be shown
to
the Hearing Officer or
any party,
reserving
his
right
and
specifically not waiving such right, to
contest
the Hearing Officer’s
ruling,
particularly since that
ruling
was
made
based
on
the
County’s
representations
that
its
attorneys
were
representing Mr.
Gill,
which
Mr.
Gill
Printed on Recycled
Paper
4.
As
can been seen from these answers, Mr. Gill answered he did not recall to
a
number of the questions,
provided incomplete answers to a number of the questions, and with
respect to a couple questions
stated that he
did not understand the question.
5•
During a deposition setting, the above referenced type of answers would be able to
be followed-up upon with additional questions.
6.
Petitioner Watson seeks
leave to
provide the questions attached as Exhibit B to Mr.
Gill in follow-up to his answers.
7,
Pursuant
to the schedule set forth by the Hearing Officer on May 6, 2003,
Petitioner Watson wculd have been able to
ask follow-up questions on
May 19, 2003,
to
any
questions
submitted by
the County.
Although, to-date, Petitioner Watson has not received
any
questions
submitted by
the County and does not
know whether any
were submitted by the
County,
the follow-up requested in this Motion relates to
the incomplete
and vague answers, or
not understood questions, from
Petitioner Watson’s first set of questions to Mr. Gill.
8.
The timing of these questions
(attached as Exhibit B)~
should not effect the
schedule, however,
since Petitioner Watson had until May
19th to
ask follow-up questions to
the County’s questions,
and Mr. Gill had
until May 23th
to respond to such questions.
In other
words, the schedule does not need to be changed, if this
Motion is granted.
-
WHEREFORE, Petitioner Watson
seeks leave from the Hearing Officer to submit those
questidns
attached as Exhibit B
hereto, to
the County to
provide to Mr. Gill or, alternatively,
to Mr. Gill directly, if his current address will
be confirmed by the County.
denies in his answers
to the
first
set
of written questions
(Question 48).
2
Printed on Recycled
Paper
Dated:
May
16, 2003
Respectfully submitted,
Jennifer
J.
Sackett Pohlenz
QUERREY
& HARROW, LTD.
175
West Jackson Boulevard, Suite
1600
Chicago, Illinois
60604
(312) 540-7000
Attorney Registration No. 6225990
Attorneys for
Petitioner Michael Watson
3
PETITIONER MICHAEL WATSON
Printed
on Recycled Paper
4,
ILLINOIS
POLLUTION CONTROL BOARD
CITY OF KANKAKEE,
V.
Petitioner,
COUNTY OF
KANKAKEE, COUNTY
BOARD
OF KANKAKEE, and WASTE
MANAGEMENT OF
ILLINOIS,
INC.
Respondents.
)
)
PCB 03-125
)
PCBO3-133
)
FOB 03-134
)
FOB 03-1 35
)
(consolidated)
)
(Pollution Control
Facility Siting Appeals)
)
)
)
)
To:
(See attached Service List.)
NOTICE OF
MAILING
PLEASE TAKE NOTICE that on this
7th
day of May 2003, the following
Mr. Gil’s
Responses
to
Watson’s Written
Questions,
attached hereto, were
mailed to you.
COUNTY OF
KANKAKEE
and
COUNTY BOARD
OF
KANKAKEE
Elizabeth
S.
Harvey
SWANSON, MARTIN & BELL
One IBM
Plaza, Suite 2900
330 Nd’rth Wabash Avenue
Chicago,
Illinois
60611
Telephone:
(312) 321-9100
Firm
l.D.
No. 29558
By:
~bethS.Ha~
~
of Its Attorne~
I~B
IT
0198-001
CERTIFICATE
OF
SERVICE
I, the undersigned non-attorney, state that
I served copies ofthe described documents in the
above-captioned
matter via facsimile and U.S.
Mail to all those listed on the
service list on
May 7,
2003.
/~
~
J
nette M.
Podlin
x
Under penalties as
provided
by
law
pursuant to 735
ILCS 5/1-109,
I certify
that
the
statements
set
forth herein
are true and correct.
/
Ma.S#’—OG-OB O1:17P
Gil
~nc~ As~ociat~
Inc.
708 747-~S3
E~RAIM
GiL
MAY 6, 2003
1.
Employed
on a
contractual basis.
1989
3.
2003
4.
No. My role was
limited to
fact-finding.
5.
None
6.
Yes, as a
fact-finder
7.
Do
not recall
8.
Donotrecall
9.
Do
not recall
10.
N~a
11.
N/a
12.
Do not recall
13.
N/a (don’t recognize the name Chris Rubac)
14.
N/a
15.
N!a
16.
NIa
/
17.
No,
that
s not my understanding.
I did not
serve in any negotiating
capacity;
my role
was
limited to tact-finding
18.
Don’t know
19.
To the best of my recollection the Waste Management employees with
whom
I communicated during that time period were Dale Hokstra and
Lee Edelman.
MAY
06
‘03
15:58
PAGE.03
U.)’
4.)’
AU.).)
4,.).
0’,
Sn,.).
May-06-03
O.:17P
Gil
and
Associat~
Ir~.
708
747-8653
20.
Do not remember
whether or not my fact-finding asignment continued
into 2002
21.
Do not
remember
22.
Donotrecall
23.
See 22 above
24.
Do not understand the question
25.
N/a
26.
1 don’t recall
27.
Nla
28.
Do not know
29.
N/a
30.
N/a
31.
During my years as Solid Waste Coordinator, various amendments
were considered, although
I
have no recollection regarding dates.
32.
See #31 above
33.
See
#31
above
34.
See #31 above
35.
Don’t know
/
35.
See
#31
above
37’.
Unclear question
38.
NIa
39.
No
MAY
06
‘03
15:50
PAGE.04
U~)(UO/~UU.3
~
rA,~.
May-~6-03
01:17P
Gil
and Associates
Inc.
708
747-8653
P.04
40
No, except the possibility of one box lunch thai may have been
provided
during a meeting which ran through
the
lunch
hour.
41.
No
42.
N/a
43.
1 may have duplicates as
part
of several papers copied per
routine
retirement process.
44.
See above #43.
Regarding the subject matter, a variety of subject
matters
relating
to years of service copied per routine retirement process.
45,.
Home. Recently
discharged from hospital after suffering a diabetic
attack and stroke.
Am currently under doctor’s care for diabetes, post-
stroke condition and on-going
heart
disease.
46.
Yes
47.
Na, other than for non-stressful activities.
4~3.
No
__________
Signed______________
EfraimGil
Witness:
/
Date:___________
Signe
~
~-~L~/Enid
Lucchesi Gil
/
MAY
06
‘03
15:58
PAGE.05
b~1L
.tt~
~
—
~,.
~
-‘.)
SsL~
(‘,‘.)~
1~..2~
~99ø
To
VERIFICATION
Under the penalties
as
provided by 1~w
pursuant to
Section
1~1O9
of
the
Code
of
Civil
Procedure, the
undersigned certifies that the statements set forth
in
my answers to
written
questions are true
and
correct.
Date:
Z, Jt~3
.2003.
Signed:
~
Efralm Gil
Date:_______________
2003.
Witness signature:
(‘~.A...2.
~
Witness printed name:
(,‘Ji.o
2
~
~-c-
.4~.ç1
6~’J
/
~‘K
TOTAL
PAGE. 02
~
Instructions;
You
are
to
review
and
respond
to
the fol1owin~
questions
without
the
help of
anyone
else
and
without
conferring with your attorney
or the attorney
for the
County,
County
Board,
or any other entity.
You must
sign
you
answers to the
questions
in the
space provided
below, under oath and under penalty to perjury.
Please print your name:
_________________________________________________________
1.
Have you been employed by or with the County ofKankakee, either on an individual ora
contractual basis?
2.
During what
year
did
you
start
your employment
or contractual
relationship
with
the
County of
Kankakee?
3.
During
what
year
did
you
end
your
employment
or
contractual
relationship
v.ith
the
County ofKankakee?
4.
Were
you
involved
in the
negotiation
of the host agreement for the proposed Kankakee
County
Landfill expansion,
between the
County of
Kankakee and
Waste
Management
of
illinois, inc.?
/
5.
What was your role in the negotiations?
6.
Did you meet or confer or communicate in any
way with
Waste Management of Illinois,
Inc. or its representatives
in 2000
concerning
the host
agreement
for the proposed landfill
expansion?
7.
If
your answer is “Yes,” to Question 6,
above, approximately howmany times?
8.
Ifyou answer is “Yes,” to Question 6,
above, were County Board Members present?
9.
Di~you meet
or confer or communicate in any
way with
Waste
Management of Illinois,
Inc.
or
its
representatives
in
2001,
but
before
November
2001,
concerning
the
host
agreement for
the proposed landfill expansion?
10. Ifyour answer is “Yes~”
to Question 9,
above, approximately how many times?
11. If you answer is “Yes,” to Question 9,
above, were County Board Members present?
/
2
12. Did
one ofthe meetings between you, Waste Management ofIllinois, Inc. representatives,
and
County
Board Members take
place, during
2001
and before November
2001,
at the
Settler’s Hill Landfill?
13.
Chris
Rubak,
from
Waste
Management
of
Illinois,
Inc.
was
present
at
the
meeting
described in Question
12, correct?
14.
What did Chris Rubak talk about atthe meeting?
15.
Which County Board Members were present at the meeting referenced in Question
12?
16.
Which
Waste Management of Illinois,
Inc.
representatives
were
present at
the
meeting
referenced in Question No.12?
17. In 2001,
before November
2001,
is
it
your understanding that there was
a
group,
but not
an
official
committee,
of County
Board
Members
who
were
working
with
you
in
gting
the host agreement for the proposed landfill expansion?
If so, who were
they:
3
fl
I
0
L.)
C~
~
..
.~
r
—
18.
Is it
your understanding that in
November
2001, this unofficial
group of
County
Board
Members was officially formed into
a committee?
19.
With
who
did
you
meet,
confer
or
communicate
with
in
any
way,
from
Waste
Management ofIllinois, Inc., during 2001
(the entire
year) concerning the host
agreement
for the proposed expansion?
20. With who did you meet, confer or communicate with in any way from Waste Management
of
Illinois,
Inc.,
during
2002
(the
entire
year)
and,
approximately
when
did
those
communications take place (month or season,
to the best of your recollection)?
21.
With what frequency did you communicate
with the County Board Members from March
2002
to
January
31,
2003,
concerning
the
proposed
landfill
expansion
and/or
siting
application?
22.
Did
you explain,
cornrnuziicate,
meet or confer with any County
Board Member after
the
first siting
application was
withdrawn
by
Waste Management of illinois,
Inc.
to
explain
why
it was withdrawn?
23. After
the
first siting
application
was
withdrawn
by
Waste Management of Illinois,
Inc.,
did
you
explain,
communicate,
meet
or
confer
with
any
County
Board
Member
concerning any
portion
of
Waste Management of
Illinois,
Inc.’s siting
proposal?
4
24. Did
you
have
input,
prior
to
Waste
Management
of
Illinois,
Inc.’s
filing
its
siting
application,
concerning
the
design,
location
or
operation
of
the
proposed
landfill
expansion?
25.
Ifyou
answered
Question 24 affirmatively, please describe your input.
26.
Between
March
2002
and
January
31,
2003,
did
you
call,
meet
with,
confer,
or
communicate
in
any
way
with Waste
Management of illinois,
Inc.
or
its
representatives
(including,
but
not limited to its officer, employees
and attorneys)?
27. If
your
answer
to
Question
26
is
“Yes,”
please
identify
with
whom
you
had
the
communication, when it occurred, the subject matter, and
what was said to you
and
what
you said to Waste Management of Illinois,
Inc.
28.
After January 31,
2003,
is
it true that
Waste Management of Illinois,
Inc.
and the County
of
Kankakee have held meetings
and
have been negotiating
to change
or
relax
some of the
/ conditions imposed on the proposed expansion on
January
31, 2003, as
part
of the County
Board’s decision.
5
29. Were you a part of those meetings?
30. If you answered Question 29 in the
affirmative, what was
your role, how
many
meetings,
conferences,
etc.
did
you
attend,
and
who
else
do
you
know
was
involved
in
these
negotiations?
31. Is it true
that
during,
at
least,
January
2003,
the
County Board was considering another
amendment to the Solid Waste Management Plan?
32. Were you involved
in this
amendment,
referenced in Question 31,
in any way?
33. Ifyou answered Question 32 “Yes,” in what way were you involved?
34. Mr. Charles Heiston represented the
County Board
concerning the amendment to the Solid
Waste Management Plan described in Question 31, correct?
/
....~.
35. Approximately how
many
times
are
you
aware
of the
County
Board
and
Mr.
Heiston
meeting concerning the amendment described in Question 31?
6
36. The
amendment
described
in
Question
31,
concerned
clarification
that
the
County
of
Kankakee’s
Solid Waste Management
Plan
calls for only one
landfill,
correct?
37. And
the
landfill
called for
in
that
Plan
in
the
Kankakee County
RDF
a/k/a
Kankakee
County
Landfill,
which
is
owned
and
operated
by
Waste Management of Illinois,
Inc.,
right?
38. If you
answered Question 37
that the Question
is incorrect, explain why
it is incorrect?
39. Have
you
ever
accepted
a
gift
or
gratuitiy,
no
matter
what
the
value,
from
Waste
Management of Illinois,
Inc.
or
any of its
parent or affiliate
corporations,
or
any
of its
representatives?
40.
Have
you
ever accepted
a meal
without
charge,
no
matter what the
value,
from
Waste
Management of Illinois,
Inc.
or
any
of its
parent or
affiliate
corporations,
or
any of
itS
representatives?
/
41. Have
you
ever
accepted
a
trip,
vacation,
or
either
housing
accommodation
or
transportation to
such
a
trip
or vacation
(whether
or not the
trip
or vacation
included a
7
meeting or seminar in
a relevant field to your work), from Waste Management ofIllinois,
Inc. or any of
its
parent or affiliate corporations, or
any
of its representatives?
42. If you answered “yes” to
any
of
the Questions 39-41, above, please describe each instance
of
accepting
such
things,
by
providing the approximate date
(or,
if you cannot
recall
the
date, the year and
the month and/or season), describe what you received
(i.e.,
what
type
of
gift, gratuity, meal, trip, vacation or transportation you
received), and, if the receipt was of
atrip of
any
kind, describe the destination of the trip.
43. Do
you
have
any
documents
in
your
possession
concerning
any
of
the
following:
Kankakee
County
RDF
or
the
Kankakee County
Landfill, the proposed landfill expansion
or siting
application
from
Waste Management
of Illinois,
mc.,
Waste
Management of
Illinois, Inc., negotiations which occurred concerning the host
fee
agreement between the
County
and
Waste Management of Illinois,
Inc.
concerning
the
landfill
expansion,
your
calendars or appointment books for 2000-2003.
44.
Do
you have
any
documents
from
your work with the
County of
Kankakee
at home?
If
so, what subject matters
do those documents concern?
45. Are you at home or in
a hospital atthe time
you are answering these questions?
/
46. Are you able to speak?
8
47. Have you left your house for any reason in the last week?
Ifso, what reasons?
48. Have you hired Ms.
Elizabeth Harvey
andlor Mr. Richard
Porter to represent you,
i.e.,
be
your
attorney,
for
any reason?
If so, what reason(s)?
49. Have you
ever been to
Hawaii?
If so, what
is
the
last
time
(i.e.,
most
recent in time
to
today)
you went there and what
was the purpose of
your
travel
(i.e.,
vacation,
business,
seminar, combination or some or all of these),
Under penalties
as provided
by
law pursuant to
ILL.
REV.
STAT CHAP.
110,
SEC.
1-109, I
certify that the statements set forth herein are
true
and correct.
Dated:
___________________________
Signed:
Printed
Name:
Dated:/
Witness signature:___________________________
Witness printed name:
—
9
Instructions:
You are
to
review
and
respond to
the
following questions
without
the
help of
anyone
else and without conferring with your attorney or the attorney for the County,
County
Board, or any other entity.
You must sign
you answers
to the questions
in
the space provided
below, under oath
and under penalty to perjury.
50. You
answered
the
first
set
of
questions
sent
to
you,
that
you
were
not
involved,
in
“negotiations”
with
Waste Management
of Illinois,
Inc.
concerning
the host
agreement
with
Kankakee County, rather, you
were
assigned
a
fact-finding role.
When were
you
first assigned this
“fact-finding role?”
51. Who assigned the
“fact-finding role”
to
you?
52. Was
the
communication
to
you
in writing
concerning
this
“fact-finding
role”?
If so,
from who.
53. What
“facts”
did
you
“find”
in
your
“fact-finding
role”?
Please
identify
and discuss
-
them.
/
54.
Did you take notes
during your fact-finding?
T
EXHIBIT
55. Did
you
prepare
reports,
memos
or
any
type
of document
during
your
fact-finding,
concerning this particular assignment
and the information or facts you were gathering?
56. If
you
answered
“Yes”
to
Questions
54
and/or
55,
above,
do
you
have
those
documents?
57. If
you
answer
is
“Yes,”
to
Questions
54
and/or
55,
above,
did
you
leave
those
documents in
the possession of Kankakee County?
If so, where did you leave
them?
58. What didn’t you understand about Question 24?
59. Did
you
discuss
with,
receive documents from, or in
any
way communicate
with Waste
Management
of
Illinois,
Inc.
or
any
of
its
representatives
(or
representatives
of
its
affiliated or parent
companies),
at anytime prior
to
August
16,
2002,
concerning
what
the proposed landfill expansion would look like?
/
60. Did
you discuss
with,
receive documents from,
or in
any
way communicate
with Waste
Management
of
Illinois,
Inc.
or
any
of
its
representatives
(or
representatives
of
its
affiliated or parent companies),
at anytime
prior
to
August
16,
2002,
concerning
how
the
proposed
landfill
expansion
would
be
designed
or
what
design features
(such
as
2
stormwater
management,
gas
collection,
leachate
collection
or
recirculation,
etcetera)
the landfill expansion would have?
61. Did you
discuss with,
receive documents from, or in any way communicate with Waste
Management
of
Illinois,
Inc.
or
any
of
its
representatives
(or
representatives
of
its
affiliated or parent
companies),
at anytime prior
to August
16, 2002,
concerning
where
the proposed landfill expansion would
be located?
62. Did
you
discuss with,
receive documents from, or in
any
way communicate with Waste
Management
of
Illinois,
Inc.
or
any
of
its
representatives
(or
representatives
of
its
affiliated
or parent companies),
at
anytime
prior
to
August
16,
2002,
concerning
how
the proposed landfill expansion would
be operated?
63. If
you
answered
any
of
the
Questions
59
through
and
including
62
“Yes,”
then,
specifically,
with
respect to each question answered
“Yes”
state when (even if you
can
only
estimate)
the communications
took
place,
whether they were
oral
or written, with
whom
from
Waste
Management
of
Illinois,
Inc.
you
communicated,
and
the
subject
matter
(e.g.,
landfill cover, vegetation, etcetera)?
/
64. When
was
the meeting that
you
attended at
which Waste
Management of Illinois,
Inc.
(or any of
its
representatives,
parents or affiliates)
may have purchased
a box
lunch for
you?
3
65. What was discussed at the meeting you
attended at which Waste Management of Illinois,
Inc. (or any of its
representatives, parents or affiliates), may have purchased a box
lunch
for you?
66. Please
produce
copies
of
all
papers
you
have
in
your
possession
and
which
you
reference in your answer to Question 43.
67.
Have you ever been to
the State
of Hawaii or any of its
islands
at any time?
68. Have
you spoken with Ms.
Elizabeth Harvey,
since you’ve
retired from your position or
job
with Kankakee County?
If “Yes”
about what
subject matters
have
you
spoken with
Ms.
Harvey
(i.e.,
describe what you’ve
talked about with her).
69. Have
you
spoken with Mr.
Richard Porter,
since you’ve
retired
from your position
or
lob
with Kankakee County?
If “Yes”
about what subject matters have
you
spoken with
Mr. Porter
(i.e.,
describe what you’ve talked
about with him).
4
70. Have
you
spoken with Mr. Charles Heiston,
since you’ve
retired from your position or
job
with Kankakee County?
If “Yes”
about what
subject matters have
you spoken with
Mr. Heiston
(i.e.,
describe what you’ve talked about with him).
71. Please
describe,
by
stating
specifically
what
it
is
that
you
were
doing,
what
“non-
stressful activities”
you
referenced in
you
answer to
Question
47
and
how many
times
(either a day or total,
but specify to
which you are referring) you left the house.
72.
Have you
left your house for any
reason
since May 6, 2003
to
the date you’re
answering
these Questions?
If so, for what
reasons, specifically,
did
you
leave
the house?
If you
state
“non-stressful
activities”
then
tell
me how
many times
you’ve
left the house,
and
what,
specifically, you were doing.
73. I’ve
attached a newspaper
article to
these Questions
as Exhibit A.
Did you speak
with a
reporter to
provide your comments, which are referenced in this
newspaper article?
74. Are the comments
and
statements attributed to
you
in the
newspaper
article attached as
Exhibit
A, correct?
If not,
why not.
If you don’t understand this
question, then tell me
whether the
quotes
that
are
reference
as
coming
from
you
in
the
attached
newspaper
article are things that you said to the reporter you spoke with.
5
75. If you
answered
any of the above
questions
that
you
don’t
recall,
then tell
me what,
if
anything,
would help you recall.
76. If you
answered any of the above questions that
you
don’t understand the question, then
explain
to
me,
with
respect
to
each
of
the
questions
(identify
them
by
number),
separately, what about that particular question you do not understand.
77. Is there a reason why you
removed or didn’t duplicate the following language
which was
included
in
my
last set of questions
to
you,
or did
you
intend
to
swear to
this
language
when you signed your answers to my first set of questions
on May 6?
“Under penalties as
provided by
law
pursuant
to
ILL.
REV.
STAT
CHAP.
110,
SEC.
1-109, I certify that
the statements set forth herein are true and correct.”
Under penalties as provided
by
law
pursuant to
ILL. REV.
STAT
CHAP.
110,
SEC.
1-109, I
certify
that the statements
set forth herein are true and
correct.
/
Dated: ________________________
Signed:______
Printed Name:
Dated: _________________________
Witness’ signature:
___________________________
Witness’ printed name:
___________________
6
Gil
calls
charges.
of junket
‘garba~.’
By
Jon
Krenek
Journal ~witer
r~tired
Kankakee
County
solid waste coordinator
Efraina
Gil
is calling
allegations
tie took
a
trip to
Hawaii at Waste Man-
agemnt’s expense
10
years ago
a
total lie.
The
allegation surfaced dur-
ing
an
flhinois Pollution
Control
Board hearing Monday when
Kankakee County board rnem-
ber
Stan
James testWed Gil
took
the trip, at WasteManagement’s
expense,
to serve as a conven-
Lion speaker. Objectors pursuing
a legal challenge against (be
proposed ~02-acre
WasteMan-
agement landfill, catted James
as
a witness on the issue
Mon-
day.
~1t’s
a
tie from beginning to
end,” said GIl, reacting
to the
allegation. “i’fobody offered
me
anything,
nobody gave
me any-
thing.
I have
never been any-
where
on
Waste Management’s
expens&”
Attorneys far objectors Mike
Wat.con,
owner
cit United
Dispos-
al of Bradley, crafted a list of
written questions
for
Gil
to
query him about gratuities, gifts
and meats he might have accept.
ed from
Waste
Management In
the pasL Because Gil
retired
two
mouths ago, he was unavailable
for
questioning
at the hearing,
and
was
taxed the list after
numerous attempts to contact
him.
Gil
answered ~no”
to
the
ques.
tion~
~i.fave
you ever been
to
Hawaii?”
The Journal
reported James’
testimony Monday, and
repeated
the allegation In a report’rues-
‘Jay that Cit in the early l~90’s
took a trip at Waste ~lanage-
ment’s expense to Hawaii to
speak on landfills. Gil oflered
The Jouraai
a
reaction
to
the
allegations Wednesday.
~ItIs a totally made up
story,”
said
Gil. “1 don’t know
why
he
would make up such
a
story, and
why he would do it under oath.”
James~
said be has no idea how
objectors became
awai’e of
a
conversation he bad with Gil
10
years
ago, which allegedly
occurred as Gil
coordinated for-
mation of
thecounty’s first
solid
waskmanag~mentplan. Gil
denies theconversation ever
occurred, but James, who testi-
fied
under oath, said it did.
~Istand on my testlmony,~
said James.
“For
all
I know, he
could have been lying to
me. But
he did say that to me.”
Waste Management
Attorney
Donald Moran said the company
did not pay for
any trip, and that
the whole controversy might
just be the product of miscom-
municadan..
Gil
did notattend the IPCB
hearing,
but he became a fre-
quent subject of discussion.
City of
Kankakee
attorneys
pr
sed to ensure
the list
of
questions would reach him,
while the
county
asked for the
right
to cross-examine his writ-
ten testimony. The
IFCB hearing
officer was even asked
to make
a ruling about whether the court-
ty represents
Cit
or not, which
be has reserved to make at
a
later date.
But Gil,
who is incensed
about
the allegation,
said
he
intends to
titigate the matter himself.
~I am a professional, and
I
won’t stand for IL” said Gil.
“1
will consider dropping the
charges if be (James) openly
apologizes,
and said be
made it
up:’
/