BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEORIA DISPOSAL COMPANY,
)
Petitioner,
)
PCB 06-184
v.
)
(Pollution Control Facility Siting Appeal)
PEORIA COUNTY BOARD,
)
Respondent.
)
DEPOSITIONS FILED WITH THE POLLUTION CONTROL BOARD
COUNTY BOARD MEMBERS
1 . Brian Elsasser
2. Jeffrey Joyce
3. G. Allen Mayer
4. Thomas O'Neill
5. Lynn Scott Pearson
6. Michael Phelan
7. Eldon Polhemus
8. Philip Salzer
9
. James Thomas
10. Carol Trumpe
11 . Junior Watkins
12. David Williams
Exhibit 1
BRIAN ELSASSER
9-14-2006
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
PEORIA DISPOSAL COMPANY,
Petitioner,
-vs-
)NO .
PCB 06-184
PEORIA COUNTY
BOARD,
Respondent
.
The
deposition of BRIAN ELSASSER, a
material
witness herein, called
for examination pursuant to
notice and the
Supreme Court Rules
as they pertain to
the taking of discovery
depositions before Aana M
.
Giftos, CSR,
RPR, and Notary Public in and for
the
County
of Peoria, and State
of Illinois, o Thursday,
September
14th, 2006, at 416 Main Street, Suite
1400,
Peoria, Illinois, commencing
at the _^.our of
11:00
a.m .
APPEARANCES :
GEORGE MUELLER, ESQUIRE
528 Columbus
Street, Suite 204
Ottawa, Illinois 61350
and
JANAKI NAIR, ESQUIRE
BRIAN J . MEGINNES, ESQUIRE
Elias,
Meginnes, Riffle & Seghetti, P .C .
416 Main Street, Suite
1400
Peoria, Illinois 61602
on behalf of the
Petitioner ;
DAVID A . BROWN, ESQUIRP'
Black, Black & Brown
101 South Main Street
Morton, Illinois 61550
on behalf of the Respondent ;
Page 1
PEORIA
DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
ALSO PRESENT :
Royal Coult_er, PDT ;
Lyn Schmidt .
I N D E X
WITNESS
BRIAN ELSASSER
Examination by Mr . Mueller
.
*EXHIBITS
IDENTIFIED
Elsasser Exhibit No . 26
. pg . 29
FIndicates exhibits were withdrawn by Petitioner's
counsel
; not attached hereto .
z
Page 2
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
rage 3
BRIAN ELSASSER .
a material witness herein, being duly affirmed . was
3
examined and testified as follows
:
4
EXAMINATION
4
5 BY MR . MUELLER :
5
6
Q Would you state your full name, please?
6
A Brian Elsasser .
7
8
Q Let the record show this is the discovery
8
9
deposition of Brian Elsasser taken pursuant to
9
10 notice by agreement and in accordance with rules .
10
_
Mr. Elsasser, thank you, first of all, for
11
12 accommodating us on short notice in terms of
12
7 s getting you scheduled this morning .
13
14
A
Thank you for getting me in because next
14
1 5 week would be awful hectic for me .
15
1 6 Q Apparently, it's a win-win situation .
16
17
A
It is .
17
'_ c Q Have you ever had your deposition taken - 1 8
19 before, Mr
. Elsasser?
19
2C A No .
20
21 Q Let me explain some of the ground rules .
21
22 First of all, everything that is said in here today
22
23 is being taken down by a court reporter for
23
24 posterity . That means that only one of us can talk
24
Page 4
1 at a time because she can only take one person at a
2
time .
3
Secondly, it means that we need to
3
4 communicate verbally rather than with gestures such
4
5 as nodding the head and shaking the head . Do you
6 understand those things?
6
A Yes .
7
8
Q If I ask you a question and it's not clear,
8
9 feel free to have me rephrase it . If you answer a
9
10 question, I'm going to assume that you understood
10
;1 it and intended the answer . Is that also fair?
11
12
A Yes .
12
1 3 Q
Now, for my own edification because 1
1 3
14 normally tell people in the ground rules department
14
15 that everything that you say is under oath, but I
5
16 see that you affirmed .
1 6
17
Can you explain the distinction to me?
17
1 8
A Well
. in the word . it says let your yea he
18
19 _yea and your nay . na% . You should swear not by .
1 9
20
So my yea is yea. and in our constitution .
20
21 the laws of the land give us the right to affirm it)
2 1
22 the truth . So my yes is yes and in_v no is no
22
23 whether I'm affirming or whether I'm not affirming
23
2 4 no matter when you meet me or whenever I speak
.
24
.'age 5
•
I guess then my question is, you are still
promising here to tell the truth?
A Yes .
•
You understand that you're making that
promise on the record?
A Right, yes .
•
Thank you. What is your address, sir?
A 330 South Kennedy, Princeville, Illinois .
•
How long have you lived at that address?
A Ten years .
•
Do you have a cell phone?
A Yes .
•
What is your cell phone telephone number?
A (309)231-3672 .
•
Do you use your cell phone on a regular
basis?
A Yes .
•
You are a county board member, correct?
A Yes .
•
Which party?
A The Republican party .
•
When were you first elected?
A 1998 .
Are you up for election now?
Page 6
A No .
•
When does your term end?
A In 2008 .
•
Do you intend to seek reelection?
A As of right now . I do .
•
What was your margin of victory in your
last election in 2004?
A There --
I didn't have an opponent .
•
So you had the best margin there is?
A Right .
•
Your opponent had zero?
A Right . Hopefully, I got at least one vote
.
•
Now, what's your educational background,
Mr . Elsasser?
A
I have a bachelor's degree from Bradley
University .
•
In what field?
A Liberal arts .
•
When did you get your degree?
A That's terrible . I can't remember the
exact date, but I think it was 1994 . I went to
school for several years because I was farming at
the same time, and that's why it wasn't like I
started one year and four years later I finished .
Pages 3 to 6
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
Faae 7
1
It's terrible that I can't remember, but
1
2 somewhere around 1994 .
2
3
Q
Any particular subject in the liberal arts
3
4 that the Master's was in? History? English?
4
5
A It was mainly in the social sciences, the
5
6 political science and history is the main course .
6
7
Q Bradley actually gives an unspecified
7
8 Master's without having to pick a subject?
8
9 A It was not a Master's . I said Bachelor's .
9
10 I believe . I said Bachelor's . It was called,
10
11 l ike . a n
independent study program where you
11
12 actually outline what courses you wanted to take
12
13 and they approve them, and it worked out best for
13
14 me because I was farming full-time and I could get
14
15 my schedule more compact and get in there and get
15
16 out .
16
17
It was a very unusual, very flexible
17
18 program . That's the way it was set up . I'm not
18
19 sure that they have that anymore
.
19
2 0 Q I take it from off-the-record discussions 2 0
21 and what you're saying now that your principal
21
22 occupation is as a farmer?
22
23 A Yes .
23
24 Q
How many acres do you farm?
24
Page 8
A About 1 .500 acres .
Q How long have you been in that occupation?
A My whole life real[\
. F'en when I was in
4
high school
. I helped out in the farm . Even when I
5 was in college
. I was ah+ays farming .
7
6
Q Do you have any other money earning
6
ventures besides farming and your service to Peoria
0
County Board?
9
A Not really . I have investments . but I'm
1 0 not sure--
1 . 1
--
Q I'm thinking about other jobs?
12 A No .
13 Q Your investments are your own business
--
14
A Right. I was hoping you weren't going to
15 eo there .
1 6 Q Now, when did you first become aware of
17 Peoria Disposal Company's intention to file an
18 application for landfill expansion?
19
A I can't remember exactly when that would
20 be
.
21 Q Approximately?
2 .2
A
Sometime in 2005 . probabl\ April of 2005 .
23 I mean
. I guess I'm not supposed to guess .
2 4
Q
That pinpoints it actually pretty well
.
2
4
8
9
10
11
12
13
14
15
16
17
19
1 9
20
21
22
23
2s
Saae
Are you married, sir?
A Yes .
•
What is your-- what does your wife do for
a living?
A She takes care of six children and works at
the post office one day a week and cleans homes for
people
.
•
Do you have any children who are out of
school and working in the community?
A Yes . Well
. the one boy works in
Bloomington at Bennigan's and he's a student . He's
about ready to graduate from college . the oldest
boy . The second girl is going to go to the
Methodist Nursing School . and she works for
St . Francis Hospital .
•
How long has she worked for St . Francis
Hospital?
A I think she started there, like . two months
ago or three months ago
. It hasn't been very long
.
She'sjust working as ajob there to, you know, to
earn some money and help pay for her college when
she starts at Methodist
.
•
What capacity is she working in?
A
She works in the neonatal care area .
Page 10
•
As a nurse's aide?
A Kind of like a nurse's aide . She does
stuff for the nurses .
•
Did you provide her with any assistance in
getting that employment?
A No .
•
Did you provide her with any assistance in
getting into medical school or, I mean, nursing
school?
A No . She's not in yet . She's actually
going to start a year from right no" in August of
2007 . She was just approved . like . a week or so
aeo .
•
Do you have any other close relatives who
work in the medical services industry in the Peoria
area?
A I have . like . a thousand cousins
. So I
don't know hose far you want to go
.
•
I'm thinking more like brothers, sisters,
children?
A No . none at all .
•
You don't have a brother who's a physician?
A lie passed away in 1995 . I wasn't trying to
avoid mentioning that. but --
Pages 7 to 10
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
Page 12
Page
•
I'm sorry .
I
at least to to and the letters .
A -- you said currently working there- He
2
Q Was it your belief that you should consider
was a doctor
.
3
that information along with all other information
4
Q At the time that you started this process
4 including information gathered at the hearing in
5
of deciding on the Peoria Disposal application for
5
making your decision?
6 landfill expansion, we understand there was a
6
A Yes . I think the intormation that I
meeting where ground rules for board members to
7
gathered at the hearing should have been the most
8 follow were basically handed down
.
6
important information .
9
What was your impression after that point
9
Q Now, with regard to the communications that
10 in time as to what communications you could have
1C you received outside of the hearing process, and
11 with participants and the public outside the
11 I'm interested really in the period from
12 hearing process?
12 November 9th, 2005 until May 3rd, 2006, did you
13
A You know what . I don't recall exactly .
13 receive any E-mails?
1 4 Maybe I should . but I don't recall what all the
s
14
A Yes .
1 3 rules were .
15 Q Can you tell us approximately how many
1 6
Q Well, did you believe that it was
',_
6 E-mails you received?
'17 appropriate or inappropriate for you to be
1 7
A I'm not sure I turned in X number
. You
I P
contacted by representatives of Peoria Disposal
18 have those . I mean . I didn't count them .
19 Company about the application outside the hearing
19 Q Did you keep all of the E-mails that you
20 process?
20 got?
21
A I'm not sure . That would be -- I mean . I
21
A No . I wrote in there that I -- I hardh
22 welcome anybod%'s phone calls at an ; time if the%
22 ever-- I have never sent an F-mail in my life
.
23 have something they want to say to me
- 23 I'm not a big E-mail person
. I'm a telephone
24
Q So it was not your impression that outside
2
person : hut . anyway
. somebody was try
to send us
Page 12
Page 14
1
2
3
contacts to you about the subject matter of the
application was inappropriate, is that correct?
A They may hake mentioned that that might
.
4 but I don't remember . '[hat meeting was a long time
5
ago
.
6
Q I don't want to get into what they
mentioned because that might actually get into the
8 attorney-client privilege .
9
What I want to understand is your belief
about how the procedures were going to work in
terms of outside contacts .
A That would he correct . I was assuming that
I would get telephone calls from the opponents and
proponents both .
•
And that would be okay, is that right?
A
I don't remember what they said that night .
but to me
. I would assume that would be okay
because how else can people air their views one way
or the other
.
•
What was your impression as to what you
should do with the information that you gathered by
E-mails, telephone calls and letters from both
proponents and opponents?
A
We were supposed to maintain the F -mails or
an E-mail from our cattle business there in April
and they could never get through . everything was so
full .
So I deleted all of the real short
one-liners that said, you know, please vote yes
.
please vote no . Thank you for the vote or some
--
just the one-liners
.
I deleted all those things out because I
had to make room for my -- understand, I didn't
know we were actually going to need to save all
those ; otherwise, I would have tried to print those
off. My printer's slow . It took me, like, three
or four hours to print the ones I did print for
you . We're not high tech out in the country
.
Q I take it you read all the E-mails you got?
A Yes
. But you know what it's like . I
didn't read them all word for word
. It was, like,
yeah
. you know, one looks -- some of them look
like --
one looks like the other . A lot of them
2 0 said the same thing over and over again
.
21
I didn't read every one word for word .
22 Maybe that's not being personal, but 1 had so much
23 other reading to do with all the documents and
24 everything that --
Pages
11 to 14
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
Page 15
• Did you get any E-mails during this period
of time from November 9th until May 3rd from
Peoria Disposal Company?
A
No .
Q Did you get any from the Sierra Club?
A I think I got some from members of the
Sierra Club . I don't recall any -- I mean, you
have those here . I don't know whether any of those
were actually from the Sierra Club or not . I think
Ms . Blumenshine is a member of the Sierra Club .
•
You got several from her, right?
A Whatever's in your packet
. I don't
remember.
•
Do you remember getting E-mails from
representatives of Peoria Families Against Toxic
Waste?
A Just from individuals that belong to that
group .
Q Would you have gotten E-mails from Kim
Converse?
A Yes . I think there was one in there, I
believe .
•
How many do you believe you deleted?
A Probably 20 or 30
. something like that .
Page 16
•
Did you also get letters in paper form?
A Yes . I saved -- I know I saved all the
letters. I turned those in .
•
So whatever you got was saved and turned
in?
A Yes .
•
Did you get any flyers from various groups
or organizations or individuals about the
application?
A
You mean like they came --this came
2
3
4
6
8
9
11
12
13
14
15
16 Rescue seemed to have quite a few flyers out there .
17
A Okay . Thanks for refreshing me memory
. lie
18 did drop some things off or left some stuff at the
19 front door or whatever .
20
Q Do you know if anybody else besides River
21
. Rescue and Mr
. Edwards left things at your door?
22
A I think he was the only one that left
23 something on my door .
24
Q When did you turn over all of the things
a
9
10
through the mail as a hulk mailing'?
11
•
No . Something that somebody would hand you
12
or leave on your door or by your mailbox?
1 3
A I'm thing to recall .
14
•
We know that Tom Edwards on behalf of River
'_ 5
16
17
Pa ge
I ha can' questions give him a call at home ocer
the weekend . I thought that was Tine . That's N+ hat
communication is about .
•
When you say "Brian," did you mean Brian
Meginnes?
A Yes .
•
Do you remember when that phone call
occurred?
A I don't knoNk
. Sometime in February or
March . you know
. I shouldn't say lot sure if I
don't know . I don't want it to he -- I want it to
18 he accurate. It was fine with me . I mean . one of
1 9 the phone calls -- some of the phone calls that
20 stand out in my mind the most
. a couple from the
21 proponents that were yen threatening tome . They
22 were fellow Republicans that threatened me with
2 3 some things . I'm not going to go into that. but --
24
Q
Who threatened you?
Pages 15 to 18
PEORIA DISPOSAL
COMPANY V . PEORIA COUNTY BOARD
PCB06-184
1
that you kept?
2 A
Probably a month ago, was it . that I mailed
4
them to you?
Maybe a month ago or so, a month and a
6
half I don't recall the exact date .
Q So sometime after the decision was made?
8
A Yes . It was, like
. somewhere between
30 days ago and 45 days ago, my guess
.
9
Q Okay
. It was your belief that from the
1 C beginning that you should keep the stuff that you
11
got?
12
A Yes . They said to my to save the E-mails
13 and the letters .
1 4 Q Do you remember who told you that?
15
A I'm assuming our State's Attorney .
16 Q Well, do you specifically remember what
1 7 person would have given you that advice?
19
A No . I don't remember that .
19 Q
You said you're a telephone person . Did
2 0 you receive phone calls from various individuals
' 21
while the application was pending?
- 22
A Yes, many phone calls
.
2 3 Q
Are there any that stand out as you sit
24 here now?
1
Page 18
A Not necessarily
. I got phone calls from
2
the proponents and the opponents
.
3
Q
Well, when you say phone calls from the
4 proponents, did you get any phone calls from Peoria
5
Disposal Company?
6 A I just --one time Brian called and said if
BRIAN ELSASSER
9-14-2006
Pane 19
A You know what . I only told my wife about
'i
it . I don't think I should say that .
Do you?
3
MR
. BROWN : If you can recall who you
4
.~ had a conversation with, they're entitled to ask .
6
THE WITNESS : I mean, it wasn't a
6
harmful threat, but --
8
BY MR . MUELLER :
8
9 Q
The word threat is a broad implication .
9
10 That's why I want to rind out .
10
11
Did somebody say if you vote for this we're
11
12 going to break your arm?
12
13 A No . They said if you vote for this we're 13
14 going to run somebody against you in the Republican
14
15 primary the next time you run .
15
1 6 Q So it was what I guess I'd call a political
16
17 threat?
17
18
A Right, a political threat . It wasn't,
18
19 like, a harmful threat .
19
20 Q
Who politically threatened you?
20
21
A Like I said, I'd really rather not say as a
21
22 matter of public record . This person had been a
22
23 friend of mine in the past : and, like I said, I
23
24 only told my wife about it . I'm not a person to
24
Page 20
1 gossip
.
1
2
Is it appropriate that I don't say? It
3 doesn't really matter .
! 3
4
Q
I'm not going to push the issue .
4
A Brian knows who it is -- I mean . he doesn't
5
6 know who it is . but he knows the person .
6
7
Do ou think I should ans'er it?
7
8
MR . BROWN : lie said he wasn't going to
8
9 press it .
9
10
THE WI NESS: It is amatter ofa
10
12
11 public
That's
recordwhy
.
. I don't want to hurt the person
. 1112
13 BY MR . MUELLER :
13
14 Q Did you receive any phone calls from Joyce
14
15 Blumenshine?
15
16
A Yes . I'm sure I did at some time or
16
17
another .
17
18 Q Did you receive any phone calls from Kim
18
19 Converse?
19
20 A Yes .
20
21 Q Did you receive any phone calls, and I 2-
22 think this is where we got off track before, from
22
23 Peoria Disposal Company or its representatives
2 3
24 other than you recall receiving one phone call from
24
e
Brian Meginnes?
A
No
. I didn't receive any phone calls other
than that one in particular .
•
By the way, did you call him back?
A No . Because I hadn't reall% made up m\
mind vet or it was like Iliad the material to read
and so --
•
Did you attend the public hearings in this
case?
A I didn't -- I only attended the last two
days .
•
The meeting in April and May?
A No . The last two da's in Februan
.
•
Did you read transcripts of the other days?
A I read -- I did not read e'erv single word
of the transcripts . but I did try to read as much
as -- I'm a speed reader. not a speed reader . but a
skimmer . So I tried to go through and pick out the
highlights .
•
Did you receive phone calls from any other
county board members regarding the application or
your vote on it?
A I mean. I had a lot of dialogue back and
torah like with Bob Baietto and Tim Riggenbach just
Page 22
different things . you know . we were talking about
because they were both leaning towards voting in
favor of it .
They called me and said . well . how about
this or whatever
. We just --just a lot of
dialogue going on
.
•
Did you receive any phone calls from Allen
Mayer or Dave Williams regarding the application?
A No .
•
Did you make any phone calls to board
members regarding the application or your vote or
their vote?
A Yes . With Tim Riggenbach and Bob Baietto
and Carol Trumpe
. If we had questions or
something
. we might talk on the phone or something .
It wasn't -- I can say this . I did not lobby the
board to try to sway their vote .
•
Did you tell Carol Trumpe early on in the
hearing process that you were going to vote no?
A I don't know how early that would have
been . but I was probably leaning that way .
•
1 think my question, sir, is did you tell
her you were going to vote no?
A I don't recall whether I told her I was
Pages 19 to 22
PEORIA
DISPOSAL COMPANY
V . PEORIA
COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
going to Note no
. I didn't think it was
appropriate to make up your mind that quickh .
Q So if her recollection was that you told
her early on that you were going to vote no, her
recollection would be mistaken?
6
A No . I said
-- my recollection that I said
I was leaning toward voting no .
F
Q That's before the hearings were even
9
completed, isn't that true?
10
A I don't remember when that was
. The
1-, hearings were probably completed but the
12 March 29th thing probably wasn't over with
.
13
Q
Did you ever receive any information
1 4 regarding some contamination or elevated mercury
15 levels in some PDC employees?
16
A After the hearings were
o scr . like . i n May .
1 7
Q What information did you receive?
1
18 A I heard from
-- one of my constituents ran
9 into me at the store- and he told me that one of
20 his friends used to work out there
. They had to
21 put him in a truck because his mercury Icycls were
22 elevated in his blood . but that was after the totes
23 were finished .
15
16
17
Q
What was --March of 2006?
18
A Yes, March of 2006 .
19
Q What was the purpose of your call?
2 0
A I was just trying to get an idea of what
21 his opinion was on where the aquifer was really
22 located at .
23 Q So you did some of your own research here?
2
3
4
A Yes .
•
Who was the constituent that provided you
with that information?
A Do I need to say that because it's one of
his friends that work out there? I don't want him
to harm any relationship
.
MR . BROWN : They can ask the
q uestion .
BY MR . MUELLER :
•
We're going to ask that you answer that
question, Mr. Elsasser
.
A Why would it be relevant if it was after
the hearing of May the 3rd?
MR . MUELLER : Mr
. Brown, we're going
to ask that you direct the witness to answer the
question because it's very likely to lead to
discoverable information .
MR . BROWN : Please answer the
question, if you can .
THE WITNESS : Okay
. There was a Dale
Martin .
BY MR . MUELLER
:
•
How do you recall, sir, that that
information was provided after May 3rd?
A I ran into him at the store . He started
Page 23
Page 25
telling me about it
.
Q
Did you have any other information about
the health status of PDC employees prior to
May 3rd?
occurred?
A No
. It would be sometime in March .
24 Q That happened after May 3rd?
24
A Yes .
Page 24
Page 26
Q Am I correct that you believed that it was
2 appropriate to supplement whatever you heard from
3 your constituents and at the public hearing with
4 whatever own research you felt it necessary to do?
5
A Amy time you have to decide on something
. I
6 need to have the full understanding of whal's going
7
on .
F
Q Do you remember what Mr
. Faulkner told you?
9
A I just -- I said
. Would the water
10 situation
. the aquifer situation be similar to a
1'_ creek or a stream that would run into the Illinois
12 River. He said that would be a good comparison
.
-3
Q Did you do any other independent research
14 besides your call to Mr . Faulkner?
15
A Yes . I called the state EPA . I was still
16 confused about the PM and the PM 10 test, and they
17 finally clarified the fact that your license does
18 not require you to he a specific level for the PM 10
19 test but only for the particular matter
.
20
So that matter was resolved
. I could just
21 never get the -- you know
. I was still confused
22 about it .
23 Q You got me now. What is the PMIO test?
2 4
A That's something that the Peoria
Pages 23 to 26
PEORIA DISPOSAL
COMPANY v . PEORIA COUNTY BOARD
PCB06-184
A
Q
No .
Did you ever have a conversation about the
application with Dean Faulkner?
8
A Yes .
9
Q Who is Dean Faulkner?
10
A He works for the Illinois American Water
11
Company
. I'm not sure exactly what his title is .
12
Q
Did he call you or did you call him?
13
A No
. I called him .
14
Q
Do you remember approximately when that
BRIAN ELSASSER
9-14-2006
Page 2 -
Families -- I was just -- instead of reading what
1 13Y MR . MUELLER :
2 they said and say
. well, this is accurate, I wanted
3 to find out for myself I called the EPA and
3 was an E-mail turned in by you actually dated
4 you're not required to meet any standards for the
- April 5th from Ted Converse and it's addressed
5 PM 10 test . You're only required for the particular
5
directly to you
. It starts out with, Thanks for
6 matter . So the issue was dead .
6 taking time to talk with me the other night
.
Q PM stands for particular matter?
-
Let me show you a copy of it .
8
A
Yeah, particular matter .
E
MR . MUELLER : Let's mark it as 26 .
9
Q Any other research that you did?
9
(Elsasser Exhibit No . 26 marked)
1 C
A
No, just a lot of reading .
-C BY MR . MUELLER :
11
Q Sir, was your father ever made ill by
11
Q Sir, do you remember receiving this E-mail?
12 pesticide exposure?
12
A Yes. I mean . I printed it oil here about a
1 3
A Yes .
13 month and a hall ago . Like I said. I don't recall
14
Q That was also something along with the
14 reading it at that time .
1 5 other life experiences that you took into
15 Q Do you remember talking with Ted Converse?
16 consideration?
.
16
A Yes . He called
. I don't k now . i t was a
17
A Yes . It's one of the matters that I
17 week or two before that
. I'm not even sure exactly
1 8 brought up at one of the hearings
.
18 when it was .
19
Q I guess my question, why did you bring it
1 9 Q Do you remember what conversation you had
20 up at the hearing? What was its relevance to you
2u with him?
21 in this context?
21
A No . I mean . I just know it was probably
22
A
Because I was concerned about the
22 about the same things that are listed here . just
23 particular matter, you know, of the -- if you dump
2 3 that they think
. you know . it should be not -- it
2 9 that MGP out there on a windy day . you know . it was
2 4 shouldn't pass and different things like that .
Page 22
Page 30
1 a concern of mine .
1
2
That's why --that's when I asked the
2
3 question about how they dump that out there . how
4 they pack it down or whatever .
4
5
Q You'd mentioned something about the Peoria
6 Families, that they had talked about PM?
6
7
A Well . it was in their book that they sent
- 7
8 out . I didn't --
instead of just saying. well . I
8
9 believe this . I wanted to find out for myself.
9
10
Q Now, by Peoria Families, do you mean the
10
11 group Peoria Families Against Toxic Waste?
11
12
A Yes .
12
13
Q When you say in their book that they sent
13
14 out, what document are you referring to?
14
15
A All the board members received one . I'm
15
1 6 sure .
1 6
1 7
Q Is it a direct communication to you or
17
1 8 something that they filed with the clerk?
1
82
19 A It was filed with the clerk
. It was a book
1 9
20
21that
they sent
MR
.
out
MUELLERand
filed
:
with
Let's
the
take
clerkabout
.
a
2021
22 three-minute break and see where we're at .
22
23
(Recess in proceedings .)
23
24
24
Q Mr . Elsasser, I'm looking at I believe this
•
Do you believe the conversation with
Mr
. Converse was a telephone conversation or in
person?
A Telephone
.
•
Did you express any opinion to him about
whether or not you would support his view in this
case?
A
When was the vote? The vote was actually
April the 6th, wasn't it?
•
Well, it was the first vote .
A The first vote .
•
Before that time -- when you talked to
Mr
. Converse in this conversation that he makes
reference to, did you tell him that you were
opposed to the application, that you'd support
them?
A I don't remember the conversation, but I
was leaning towards no . So I probably did mention
that .
•
Was the conversation with Ted Converse
possibly after the April 3rd meeting? This
E-mail's dated April 5th
. The committee--the
staff presented its reports at a meeting on
April 3rd, and then the committee as a whole had
Pages 27 to 30
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
Pace 3'_
1
that long meeting regarding findings on
2
April 6th .
3
A I'm just trying to recall . I don't recall .
4
I don't recall when it was .
7
5
Q By the way, did you know Mr . Converse
6 before the hearing started?
A No .
8
Q Do you know a Jean Roach?
6
9
A I do now . I saw them there at the --
at
c
0 some of the hearings .
10
-- Q
Did you receive phone calls from her during
1'
_2 the hearings?
12
A I don't believe I received any phone calls
13
14 from her during the hearings . I think I met her at
14
1_ 5 one of the hearings on the way out .
15
16
Q Did you receive phone calls from her after
16
17 the hearings but before May 3rd?
17
1 8
A I don't think she ever called me on the
18
l . 9 phone that I remember
. I don't believe she ever
2 0 called me .
20
21
Q Did you ever meet with her in person about
21
22 her views on the application?
22
2 3
A No . Let me say that on the way out she --
-2 3
24 I might have stopped and shook her hand or
24
Page 32 . .
1 something like that .
1
2
Q
That would be the extent of it?
2
3
A Yeah
. I didn't meet with her in person .
4
no .
4
5
Q Are there any antilandfill signs or
6 billboards in your district?
7
A I'm sure there were some, but I don't
8 recall exactly where they were at or how many
.
8
9 There wasn't near as many out there as there was in
9
10 Peoria .
1'J
11
I think there was probably maybe one in
11
12
Princeville that I remember seeing somewhere
. I
13 didn't really see any through the countryside . I
13
14 can't recall whether there was any in Lake Of The
14
15 Woods in that area or not .
15
16
Q Now, when you say one in Princeville, do 16
17 you mean a yard sign or a billboard?
1
18
A No
. just like a little yard sign .
ib
19
Q Does Dale Martin live in Princeville?
19
20
A No . He lives out by Brimfield . I should
20 hearing .
21 actually backtrack . He's not one of my
21
Q Other than knowing these people from the
22 constituents . He's a person that I know
.
I used
22 fact that they gave public testimony is what I'm
2 3 to represent that area until they redid -- the
23 asking.
2 4 first four years I was on the board . I represented
24
A No
. I have no acquaintance with him in the
that township .
I consider am hod' in Peoria Count\ tn'
constituent because I'm working for ansbod' that
has an interest in what's going on .
•
For what it's north, I agree .
Now, did you have or participate in a
family meeting before the final vote to solicit
input from your family members as to how coo should
Vote?
A With msfamils-soumean?
•
l es .
A Ms personal fumil'°
•
Yes .
A No .
• Did you ever tell anyone that you based
sour vote on the consensus arrived at a famih
meeting?
A I'm not sure -- VOu
mean did I talk to in'
wife about the i ssue. i s that what 'ou mean?
•
My question is, was there ever a family
meeting which would invoke more than you and your
wife to discuss what your position would he on the
landfill expansion?
A No . We never had an
ectings .
Page 34
•
Sir, have you ever attended or been a
member of the Sierra Club, Peoria Families Against
Toxic Waste, Citizens for Our Environment or River
Rescue?
A No .
•
Have you ever received any donations from
any of those or contributions from any those
organizations?
A No
.
•
Have you ever made any contributions to any
of those organizations
A No .
•
Are you acquainted, sir, with Dr . Rodney
Lorenz?
A Dr . Rodney Lorenz?
•
Yes.
A No .
•
Dr . John McLean?
A Seems to me like he testified at the
Pages 31 to 34
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
Page
Page
'. past .
A I have heard of the name before .
2
Q
Because all of these people were involved
Q Do
you know Tom Bucklar?
3 to one degree or another in the hearings .
A I've heard of that name . too . Seems to me
4
A Right
. Lorenz probably spoke, but I just
4
like they sent an E-mail, but I can't remember .
didn't remember--
S You have them there . I don't remember . If they
6
Q So my question is whether you know any of
6
walked up to me . I wouldn't know who they were
.
them outside the hearing or have ever talked to
Q In that case, that would mean to me you
them outside the hearing?
g
don't know them
.
9
A No .
9
You do know Joyce Blumenshine . right?
10 Q
How about Dr . Vidas?
A Yes .
11
A Vidas is -- I think he did surgery on my
Q
Did you know her before these hearings
12 daughter, took her adenoids out .
tarted?
Q Were you satisfied with his service?
13
A Yes .
'- 4
A Yes .
14 Q
How did you know her?
i 5
Q How long ago was that?
15
A I don't know . Like when we were doing the
1 6
A
Probably 2004, somewhere in there . Two
1 6 subdivision ordinance a year ago, she --
the Sierra
years ago maybe .
17 Club had some minor concerns about different things
18c
Q
Dr
. Parker McRae?
18 about green space and open space and different
A No .
19 things in the subdivision . They came to a couple
20
Q
Dr.
Steven Smith?
20
of our hearings .
21
A No .
21
Then about five or six years ago . we were
22
Q Dr. McGee?
22 out at the -- at our county landfill, and they had
23
A No .
'.
23
a special meeting out there to show everybody
24
Q
Dr. Jeff Akeson?
24
around or something and she was there .
Page 36
Page 38
1
A I can't remember whether it was Akeson or
1
So I didn't -- other than that . I really
2 the other guy in his group because it's been so
'
don't -- don't have any contacts with her .
3 long ago
. My one son had a trigger thumb, but --
3
Q
You received both E-mails and phone calls
4 eight years ago and he did some surgery on it
.
4 from her during this hearing process, right?
5
I do not remember whether it was Akeson
5
A Yes .
6 or -- there's two different guys
. I should know,
6
Q Did you ever have any one-on-one
7 but I just don't remember which one it was .
7
conversations with her during the hearing?
8
Q
Do
you know Beth Akeson?
S
A 111 d id . i
t was . like-- like I said . it
9
A Yes .
9 was leaving the room or something . It wouldn't
10
Q How do you know her?
1C hate been am different than what she said on the
11
A I was at a fundraiser there one time for
11 phone
.
12 Aaron Schock at her place . I just stopped by for a
12
Q In fact, is she another one that you told
13 few minutes .
13 during the hearing process that you were a
14
Q Any other contacts with her?
14 supporter of theirs and would vote against the
15
A I think she sent an E-mail, didn't she,
15 application?
16 or --
16
A I probable mentioned to her one time or
17
Q Probably did .
17 another that I was leaning that way .
18
A
She sent an E-mail one time that took up
18 Q Do you know members of the Converse family
19 the whole file or whatever . I don't even know
1 9 outside of the hearing context?
20
whether I still had that one or not . I didn't read
20
A Yes-the mother--
21
it
. It seemed like the subject was about the City
21
Q Jane?
22 of Peoria and its growth or something rather than
22
A -- Jane . She served on the 20/20 Vision
2 3 anything to do with PDC .
23 Committee with Mayor Ranshurg several years ago .
24
Q Doyou know Tessie Bucklar? 24
So I know her from that .
Pages
35 to 38
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
Page
39
2
•
Do you know Bill Cook?
A No .
•
Do you know Tom Edwards outside of his--
5
4 outside of your role as a county board member who
has to listen to him?
6
A No .
•
Do you know Joyce Harant?
A I met her one time . I think she ran for
9 Congress about tour or live . six N ears ago
. and she
10 was at the Princeville parade
. Before the parade
11 started . ever). hod was kind of shaking hands
. I
12 met her that time
.
13 Q Do you know Mary Harkrader?
14
A
I think I prohahi) met her once before in
=5 tnv lit. but I reallx don't knot% h er. n o .
I nercr
16 had an% association kith her .
!.
17 Q Do you know Lisa or Peter Offutt?
16 A No.
19 Q Do you know Chris Ozuna-Thornton?
20 A No .
21 Q Do you know Elmo Roach?
22
A
I think 1 met him at the--vou know . after
2 3 the meeting or something there at the ITOO I fall .
.
2 4 Q Do you know Amy Schlicksup?
Page 40
1
A No .
2
Q Now, when you say you met them after a
3
meeting at the [TOO Hall, do you know mean as in
4 you met with him privately afterwards?
5
A
Well . it was . like -- he used to he a
6 professor at I3radle) . I think . Is that right? I
7
believe .
8
He kind of remembered me
. and I don't know
9 if I had one of his classes or whateN cr
. So I
10 shook hands with him .
11
Q How long would that meeting have lasted?
12
A
A couple minutes .
13 Q Do you know Cathy Stevenson?
14
A No
.
15 Q Do you know Diane Storey?
16 A No .
17 Q Do you know Barb Van Auken?
18
A Yes . The city council person?
19 Q
Yes.
20
A
I met her before a few times. I met her
21 just recently out at the connections thing . The)
22 have a connections thing . social thing for all the
23 people that -- that's about the onl) time --
24
Q Did she ever call you to express her views
Pages 39 to 41
PEORIA
DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
rage
1
on this application?
2
A No .
3
Q
Do you know Mayvis Young?
4 A No .
5 Q Do you know Cara Rosson?
6 A No
.
7
B
Q
A
Dr. Bill Scott?
No .
9
Q Dr. Zwicky?
10 A No .
11
MR . MUELLER : Thank vou, Mr. Elsasser,
12 we have no other questions .
13
14
(Further deponent saith not
.)
15
16
17
18
19
20
21
22
2 3
2 4
BRIAN
ELSASSER
9-14-2006
STATE OF
ILLINOIS
SS
COUNTY OF PEORIA
Aana M .
Giftos, CSR, RIP, and
Notary
Public
in and for the County of
Peoria, State of
Illinois,
do hereby certify that
heretofore, to-wit,
on
Thursday, September 14th,
2006, personally
appeared before
me at 416 Main
Street, Suite 1400,
Peoria, Illinois
:
BRIAN ELSASSER,
a material witness
herein .
I further certify
that the said
witness was
by me first duly
sworn to testify to the
truth, the
whole
truth and nothing but
the truth in the cause
aforesaid ; that the
testimony then
given by said
witness
was reported stenographically
by me in the
presence of said
witness and afterwards
reduced to
typewriting,
and the foregoing
is a true and correct
transcript of the
testimony so given by
said witness
as
aforesaid .
I further certify that
the signature of the
witness was not waived
.
further certify that I am not
counsel for
nor in any way
related to any of the parties
to this
suit,
nor am I in
any way interested in the outcome
thereof .
In
testimony whereof,
I hereunto set my
hand
and affix my notarial seal on
this day,
Wednesday, Se tember
20th, 2006 .
y
Publ
4
Aana V .
Giftos, Certified Shorthand
Reporter
(State of Illinois
License #084-003571)
My
commission expires 07/24/07
.
OFFICIAL SEAL
AANA M GIROS
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES
:07!2407
Page 43
PEORIA DISPOSAL
COMPANY V . PEORIA COUNTY
BOARD
PCB06-184
28 :3,5,6.21 29:12
29 :22 30:5 31 :21
33
:19 35 :10 36:21
37 :17,1821 39
:9
40 :23
accommodating
3 :12
accordance 3 :10
accurate 18 : 18
27 :2
acquaintance
34 :24
acquainted 34:13
acres 7 :24 8
:1
actually 7:7.12
8 :24 10 :10 12 :7
14:10 15 :9 29 :3
30 :8 32 :21
address 5 :7,9
addressed
29 :4
adenoids 35 :12
advice 17 :17
affirm
4:21
affirmed 3 :2 4 :16
affirming
4 :2323
affix 43 :17
aforesaid
42:9.11
43 :9.11
after 11 :9 17 :6
23 :16.22,24
24 :11
24:23 30:21 31 :16
39:22 40:2
afterwards 40
:4
43 :10
agree 33 :5
agreement 3 :10
aide
10 :1 .2
air 12 :18
Akeson 35 :24 36:1
36 :5 .8
Allen 22:7
along 13 :3 27 :14
always 8 :5
American 25 :10
Amy 39:24
another 20:17 35 :3
38 :12.17
answer 4 :9.11 20:7
24
:9,14 .17
antilandfill 32 :5
anybody 16:20
33 :2.3
anybody's
11 :22
anymore 7 :19
anyone 33 :15
anything 36 :23
anyway 13 :24
Apparently 3 :16
APPEARANCES
1 :15
appeared 43 :5
application 8 :18
11 :5,19 12
:2 16
:9
17 :21 21 :21 22:8
22
:11 25
:7 30 :15
31 :22 38:15 41 :1
appropriate 11 :17
20:2 23:2 26:2
approve 7 :13
approved 10 :12
approximately
8 :21 13 :15 25 :14
April 8
:22 14:1
21 :12 29:4 30:9
30:21 .22.24 31 :2
aquifer 2521 26 :10
area 9:24 10:16
)2:15 .23
arm 19 :12
around 7 :2 37 :24
arrived 33 :16
arts 6 :18 7 :3
asked 28 :2
asking 34:23
assistance
10:4,7
association 39:16
assume 4 :10 12 :17
assuming 12:12
17 :15
attached 2 :22
attend
21 :8
attended 21 :10
34 :1
Attorney
17 :15
attorney-client
12 :8
August 10 :11
Auken 40:17
avoid 10:24
aware 8:16
away 10 :23
awful3 :15
a.m 1 :13
B
bachelor's
6:15 7 :9
7 :10
back 21 :4.23
background 6 :13
backtrack 32:21
Baietto 21 :24 22 :13
Barb 40 :17
based 33 :15
basically 11 :8
basis 5 :16
become 8 :16
before 1 :1 .10 3 :19
20:22
23 :8 29 :17
30:12 31 :6 .17
33 :7 37
:1,11
39:10.14 40 :20
42:1 .20 43 :5
beginning 17 :10
behalf 1
:20 .24
16:15
being 32,23 14 :22
belief 12 :9 13 :2
17:9
believe 7 :10 11 :16
15 :22,23 28 :9
292 30:1 31 :13
31 :19 40 :7
believed
26 :1
belong 15 :17
Bennigan's 9 :11
besides 8:7 16
:20
26 :14
best 6:9 7 :13
Beth 36 :8
between
17 :7
big 13 :23
Bill 39 :1 41 :7
billboard 32:17
billboards 32:6
Black
1 :22,22
blood 23 :22
Bloomington
9:11
Blumenshine 15 :10
20:15 37:9
board 1 :2.6 5 :18
BRIAN ELSASSER
9-14-2006
Paae 44
both 12:14.22 22:2
38 :3
boy 9
:10.13
Bradley 6 :15 7 :7
40 :6
break 19 :12 28 :22
Brian 1 :9.18 2 :7
3 :1 .7.9 18 :6.10,10
20 :5 21 :1 42 :17
43 :6
Brimfield 32:20
bring 27:19
broad 19:9
brother 10 :22
brothers 10:19
brought 27 :18
Brown 1 :22.22
19:4 20 :8 24 :7,13
24:17
Bucklar 36 :24 37 :2
bulk 16 :11
business 8 :13 14 :1
C
call 18 :7,11 19 :16
20 :24 21 :4 25 :12
25 :12,19 26 :14
40 :24
called 1 :9 7 :10 18:6
22 :4 25 :13 26:15
27 :3 29 :16 31 :18
31 :20
calls 11 :22 12 :13
12 :22 17:20.22
18:1,3 .4,19,19
20:14,18,21 21 :2
21 :20 22 :7,10
31 :11,13,16 38:3
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
A
Aana 1 :10 43 :3
.21
again 14 :20 42 :10
against 15 :15 19 :14
Aaron 36:12
28:11 34 :2 38 :14
about 8:1
.11 9 :12
ago9 :19_1910 :13
11 :19 12 :1 .10
12:5 172 .4,8,8
16 :8 18 :9 19 :1
.24
29:13 35 :15,17
22
:1
.4 25 :1 .16
36 :3.4
37 :16,21
26 :16.22 27 :22
38:23 39 :9
8 :8 11 :7 21 :21
came 16
:10,10
22:10.17 28 :15
37:19
32:24 39:4 42 :2,6
capacity 9 :23
Bob 21
:24 22 :13
Cara 41 :5
book 28 :7,13,19
care 9:5.24
Carol
22
:14,18
case21 :9 30:7
37:7
Cathy 40 :13
cattle 14
:1
cause 43 :9
cell
5
:11
.13 .15
Certified 43:21
certify 42 :8 43 :4 .7
43 :12,14
check 42 :12
children 9:5,8
10:20
Chris 39 :19
Citizens 34 :3
city 36:21 40 :18
clarified 26 :17
classes 40 :9
cleans 9:6
clear 4:8
clerk 28 :18 .19 .20
close 10 :14
Club 15 :5.7.9.10
34 :2 37 :17
college 8:5 9 :1221
Columbus 1 :16
commencing 1 :12
commission 4223
completed 23 :9.11
concern 28
:1
concerned 27 :22
concerns
37
:17
confused 26 :16 .21
Congress 39 :9
connections 40:21
40 :22
consensus
11 :16
consider 13 :2 33 :2
consideration
27 :16
consisting 42 :9
constituent 24 :2
33 :3
constituents 23 :18
26 :3 32 :22
constitution 4 :20
contacted 11 :18
contacts 12
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PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
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PCB06-184
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PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
BRIAN ELSASSER
9-14-2006
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BRIAN ELSASSER
9-14-2006
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PEORIA DISPOSAL
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.
PEORIA COUNTY BOARD
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BRIAN ELSASSER
9-14-2006
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PEORIA DISPOSAL COMPANY V . PEORIA COUNTY
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BRIAN ELSASSER
9-14-2006
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PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
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Exhibit
2
9/27/06 Jeff Jo cc
Condenseltt*'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 1 - Page 4
Page 3
INDEX
Jeff Joyce
9/27/06
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEORIA DISPOSE COMPANY,
Petitioner .
ORIGINAL
2
3
WITNESS :
Page
4
JEFF JOYCE
Examination by Mr . Mueller 4
5
6
7
9
11
EXHIBITS :
1
No . PCB 06-184
PEORIA COUNTY BOARD,
EXHIBIT 31
12
Peoria Journal Star Article
Respondent .
THE DEPOSITION of JEFFREY JOYCE, a witness
herein, called for examination pursuant to built, and
the Supreme Court Rules as they pertain to the taking of
depositions before Angela M . Jones . CSR, RPR, and a
Notary Public in and for the County of Tazewell, State
of Illinois, on Wednesday, September 27, 2006, at 416
Main Street, Suite 1400, Peoria, Illinois, commencing at
the hour of 3 :05 p .m .
16
16
20
22
Pa ge 2
Page 4
APPEARANCES :
2
1
(Witness sworn .)
3
GEORGE MUELLER, ESQUIRE
528 Columbus Street, Suite 204
2
JEFFREY JOYCE,
3 called as a witness, after being first duly sworn, was
4
Ottawa, Illinois 61350
4 examined and testified upon his oath as follows :
5
and
6
JANAKI NAIR, ESQUIRE
BRIAN J . MEGINNES, ESQUIRE
5
EXAMINATION
6
BY MR . MUELLER:
Elias, Meginnes, Riffle 4 Seghettl, P
.C .
416 Main Street, Suite 1400
7
Q State your full name, please .
B
Peoria, Illinois 61602
On Behalf of the Petitioner
:
8
9
A Jeffrey David Joyce .
DAVID A . BROWN, ESQUIRE
9
MR
. MUELLER
: Let the record show
: This is
Black, Black r Brown
10
the discovery deposition of Jeffrey David Joyce taken
Morton,
101 South
Illinois
Main S treet61550
11 pursuant to notice, in accordance with rules, and by
On Behalf of the Respondent .
12 agreement of the parties .
ALSO PRESENT :
13
Q Mr . Joyce, I'm one of the attorneys for
14 Peoria Disposal Company, George Mueller
. I'll be asking
15 you questions today about the
PDC siting application and
16
the decision-making process.
ROYAL COULTER, PDC
17
Have you ever had your deposition taken
CHRIS COULTER, PDC
18 before in any case?
20
19
A Uh-huh . For other instances, yes .
24
20
Q So you're familiar generally with the
21
procedures and ground rules?
22
A Yes, sir .
23
Q I notice you said "uh-huh," and I'll tell
24 you we try to avoid saying that because it sounds a lot
9/27/06 Jeff Joyce
CondenseIf'
Page 5
Page 7
A Anything involved with day-to-day
operations of that facility, drivers, hiring, personnel,
whatever it takes to keep it running
.
Q Is that a private company that contracts
with the City of Peoria to provide transportation
services?
A Yes, sir . They contract with Greater
Peoria Mass Transit District .
Q So you're not a government employee?
A No, sir, other than being elected .
Q Is your wife employed?
A Yes, sir
.
Q What's her name?
A Her name is Lisa .
•
Last name Joyce?
A Correct .
•
And where is she employed?
A She's employed with Lutheran Social
Services of Illinois .
Q What does she do for them?
A She is coordinator of case aides, social
work .
Q Does that job bring her into frequent
contact with medical professionals?
Page 8
A Not -- sometimes . Not regularly, I
wouldn't say, but sometimes, yes .
•
How long has she worked for that employer?
A About 14 years now .
Q Has she ever worked for any hospital or
medical service provider in the Peoria area?
A No, sir .
Q Do you have any adult children living in
the Peoria area?
A Yes, sir . I have two .
Q And what are their names, and where are
they employed?
A Leslie P ., he's employed by Dynamic
Graphics, and my daughter Molly is a freshman at
Bradley .
Q Mr . Joyce, at the time of this application,
what was your understanding about the role of the Peoria
County Board in making a decision?
A Well, it was a siting hearing that's
required by the State any time there's an expansion of a
landfill . We were to be -- being a local governing
body, we had to do the siting hearings for the landfill
on Pottstown Road .
Q What did you understand would go into your
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v- PCB
Page 5 - Page 8
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like huh-uh .
1
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A
Q
Yes, sir .
Therefore, we want yes and no whenever
possible .
A
Q
A
Q
A
Q
A
Q
A
Q
All right
.
Thank you
.
Mr
. Joyce, what is your address?
1208 East Maywood in Peoria, 61603 .
How long have you lived at that address?
22 years .
Sir, what is your home telephone number?
Area code (309) 682-4852 .
What is your cell phone number?
Area code (309) 645-9622
.
Do you have an e-mail address at home
separate from your County Board e-mail address?
A Yes, I do .
Q And what is that?
A It's papajoyce -- one word --
at
insightbb .co m .
Q And how long have you had that e-mail
address approximately?
A That one a little over a year .
Q What is your educational background,
I
Page 6
Mr . Joyce?
1
2
A
I have an associate's in administra--
2
3
business administration, minor in communications .
3
4
Q From where?
4
5
A ICC .
5
6
Q When did you get the A.A
. degree there?
6
7
A About
-- I don't know the exact date .
7
8 About eight, nine years ago, ten years ago .
8
9
Q What is your age, sir?
9
10
A 48 .
10
11
Q What is your employment history?
1 I
12
A I worked for Peoria Public Schools for 23
12
13 years and now for MV Transportation which currently runs 13
14 the City Lift (sic) Mass Transit .
14
15
Q What was your last title with the Peoria
15
16 Public Schools system?
16
17
A Assistant director of transportation .
17
18
Q And when did you leave that job?
18
19
A March of '03 .
19
20
Q And your current job is what?
20
21
A General manager
.
21
22
Q For the employer you identified?
22
23
A Correct.
23
24
Q What are your general duties on that job?
24
9/27/06 Jeff Joyce
CondenseIt r*
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 9 - Page 12
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Page 9
responsibility as doing a siting hearing?
A There were nine general criteria that had
to be fulfilled, and we were to judge the application on
those nine general criteria and make a decision from
that .
Q What was your understanding as to your
ability to get -- or to communicate with constituents
and members of the public outside of the hearing
context?
A
Outside of that -- during the siting
process, I kept any meetings to a minimum other than my
general meetings for county business . I didn't see any
personal contact with any of them, any constituents or
anyone for that matter during that time . I always tried
to keep an open mind on anything that I have to make a
decision on .
Q I understand . Maybe my question wasn't
clear, though
. What was your understanding about what
additional information the county could get besides what
came in at the siting hearing? And the reason I ask
that is because we've already established that County
Board members were, more or less, besieged with e-mails
and pamphlets and other information from groups like the
Sierra Club and so forth .
1
2
3
4
5
6
7
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10
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Page I I
Q You say the majority of the e-mails you
didn't open?
A No .
Q That means some you did?
A
Well, if they had no heading to describe
exactly what they were or to let me know or a title, a
subject matter, then I may have inadvertently ; but then
they went straight into the file .
Q So it's your testimony that you actively
made it a point to avoid receiving information outside
of the hearing?
A Oh, yes, sir. Yes, sir . I didn't want to
appear to have any outside influence or anything that
was going to weigh in my decision that was prejudicial .
Q How many e-mails would you say that you got
that you inadvertently opened and read?
A Inadvertently opened? Maybe a couple of
dozen
. Like I say, if they didn't put a subject down
and I just had a name or whatever, I just checked it to
see what it was . Usually, by the first line, I could
tell what it was concerning
. If they had to do with the
siting, they just went straight into the file . I didn't
finish reading them .
Q For example
-- and I could point to
Page 10
Page 12
1
A Yes .
1 specific ones that Mr . Brown wants, but we're aware of
2
Q For the record, you're nodding your head in
2 e-mails sent out by Joyce Blumenshine on behalf of the
3
agreement?
3 Sierra Club --
4
A Correct
.
4
A (Nodding head up and down .)
5
Q So it's in that context that my question
5
Q You're nodding your head in agreement?
6 is : What was your understanding about additional
6
A Yes .
7
information you could receive and consider?
7
Q -- that purport to be statements of facts
8
A We had the general -- we could take general
8
that didn't come out at the hearing but that she wanted
9 information up to -- what was it? -- the 28th of March,
9
board members to be aware of . Did you ever read any of
10 1 believe was the date . But when I say "general
10
her e-mails like that?
I I information," that had to be registered --
anything that
11
A No . I knew that name without even opening
12 came to us or anything that came in by way of testimony
12 it when I saw that, and it just went straight into the
13
had to be registered with the county clerk and was made
13
file
.
14 matter of public record .
14
Q Did you also get phone calls from people?
15
I had received e-mails, and the majority of
15
A I don't remember specific phone calls .
16 them I never opened, never even looked at . They went
16
There may have been some in there . I don't know . None
17 straight into a folder, and then that folder has since
17 that I'm particularly aware of .
18 been emptied .
18
(Exhibit 31 marked for
19
Q By the way, what happened to the contents
19
identification .)
20 of that folder?
20
BY MR . MUELLER :
21
A It's somewhere in E-space .
21
Q Mr . Joyce, I'm showing you what's been
22
Q You did not print it out?
22 marked as Exhibit 31 and purports to be an article from
23
A No . I had destroyed it before I knew it
23 the Peoria Journal Star authored by Elaine Hopkins dated
24 was needed.
24 April 5th, 2006 . Do you remember being -- this would
9/27/06 Jeff Joyce
Condenseltm
Page 13
I have come out the day before the Committee of the Whole
2 meeting in April . Do you remember that meeting?
3
A Yes.
4
Q If I can direct your attention to the
5 second page of this article, you were interviewed by
6 Miss Hopkins as part of this story apparently ; do you
7 recall that?
8
A Yes, sir .
9
Q Do you remember where you were when she
10 talked to you?
1 I
A At work .
12
Q Did she talk to you on the phone or in
13 person?
14
A On the phone.
15
Q And if I can take you about a third to
16
halfway down the second column on the second page,
17
there's a paragraph that says, "Jeff Joyce has concerns
18 and is pursuing his own research
. 'I don't know that
19 all nine criteria have been met,' he said."
20
Do you remember making that statement to
21 Joyce -- or to Elaine Hopkins?
22
A Sure. Yes .
23
Q
I'm also interested in knowing what
24 research you were pursuing on your own .
Page 14
1
A Well, as I said, the nine criteria that we
2
had that we were supposed to meet -- or that we were
3
supposed to be judging on for this siting hearing, and I
4
wanted to go through looking at the evidence that was
5
presented and just some questions that I had, and I
6
wanted to see if there was any evidence in the record
7 covering those questions at that time .
8
Q Well, the phrase "pursuing his own
9
research" sort of sounds like you were looking at
10 whatever sources you could find for information about
ii the nine criteria.
12
A
About the nine criteria, I was using the
13
information that I had at the time . I had the book that
14
we got in the siting hearing and the information and
15 then the records that were published
.
16
Q
Did you look at or research any information
17 about the nine criteria that was outside of the
18 materials admitted at the hearing?
19
A No, sir. No.
20
Q
Now, you were a member of the siting
21 subcommittee, weren't you?
22
A Yes, sir
.
23
Q And did you ask to be appointed to the
24 siting subcommittee?
Page 15
1
A
I was asked by the chairman, David
2 Williams, and agreed .
3
Q Did you attend all of the subcommittee
4 hearings?
5
A I believe I missed one .
6
Q Do you remember which day you missed?
7
A I don't recall right offhand . It was a
8 mid-week day. I'm not sure .
9
Q And did you review the transcript of
10
that --
11
A Yes, sir .
12
Q -- hearing?
13
A Yes, sir
.
14
Q And when did you review that transcript?
15
A I reviewed all those transcripts after we
16 finished the siting hearing and had the public meeting
17 and went through all that information gathered before we
18 had the follow-up meetings .
19
Q Did you review the staff recommendations?
20
A Oh, yes, sir .
21
Q Well, then I'm a little confused here, sir .
22 What additional research were you referring to pursuing
23 in your interview with Elaine Hopkins for the April 5th
24 article?
Page 16
1
A
To check the nine criteria myself. I
2 wanted to go through there
; and any questions that I
3 had, I knew there was --
at that time, information was
4 closed as far as what could be put into the record, and
5
I wanted to see -- or I still had questions myself, and
6
1 wanted to see if there was any information in there
7
that covered the questions that I had .
8
Q Sir, did any County Board member ever talk
9
to you during this process about your vote?
10
A None come to mind .
11
Q Did you ever contact any other board
12 members yourself to get their opinions or to try to give
13 them your opinions about what their vote should be?
14
A Oh, no . No
. That's
--
everybody has to
15
make up their own mind and make their own decision .
16
Q
Did you ever contact any staff members to
17 have them answer questions for you about the criteria?
18
A If -- when I got the staff report, if there
19 were any questions in there, I might have called .
20
Q
Who did you call?
21
A I would have first called Patrick Urich .
22
Q Do you remember whether or not you called
23
him?
24
A Not specifically, no.
SIVERTSEN REPORTING SERVICE (309) 690-3330
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9/27/06 Jeff Jo ce
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Q Did you ever call any other County Board
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deposed
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Page 19
No, sir
. I don't even know who's been
Have you talked to any County Board member
members to ask them about any of the criteria?
A No because, there again, everybody had to
make their own decision, and I didn't want to try and
influence others in that regard .
Q And did you ever try to get some help with
who has already been deposed?
A No, sir
.
Q Who from the State's Attorney's Office sat
understanding any of the issues from any other board
members?
down with you to get you prepared for the deposition
today?
A Not from board members, no
.
Q Then from whom did you try to get such
help?
A As I said, if I had something that I needed
clarified, I would have contacted staff .
A No one from the State's Attorney's Office .
1 had a phone conversation with Mr . Brown to set it up,
and he explained the process, and that was it .
Q How long did that conversation take?
A Maybe five minutes .
Q Never talked to Bill Atkins about today's
deposition?
Q About how many times would you say that
happened?
A Not too often . Most of it was --
most of
the testimony and most of the print material from those
meetings was fairly succinct and easily interpreted .
A
Q
No, sir.
So the only lawyer you've talked to about
what to expect today is Mr . Brown?
Q What's your County Board district,
Mr . Joyce?
A
Correct
.
Q Are you a member of a theater group?
A Yes, sir .
Q Comstock Theater?
A Comstock .
Q Comstock Theater .
A District 5 .
Q Are you a republican or democrat?
A Democrat
.
Q You're in the middle of a term right now?
Page 18
Page 20
1
A Yes, sir, my final term
.
1
A Actually two or three different ones .
2
Q You are intending to retire from the board?
2
Q Pardon me?
3
A Yes, sir, done in November
.
3
A About two that I'm a member of
.
4
Q You're going off this November?
4
Q What's the other one you're a member of?
5
A
Correct, after 14 years .
5
A Peoria Players .
6
Q Did you run in the primary?
6
Q How long have you been in those?
7
A I started to, yes . Name was on the ballot,
7
A I have been involved in those for about 15,
8 but I didn't campaign .
8 20
years
.
9
Q Do you have any political plans after
9
Q How much time do you devote to that on,
10 leaving the board?
10 let's say, a monthly basis?
11
A Not at this point, no, sir
.
11
A To the theater?
12
Q Do you have any political aspirations after
12
Q Yeah .
13 leaving the board?
13
A It's not continual . It's not a regular or
14
A No, sir, not at this time .
14 continual basis . When I do a show, it's about six to
15
Q Did you bring anything with you today in
15 eight weeks at a time, probably maybe four hours a day .
16 the way of information that we requested that board
16
Q When's the last time you did a show?
17 members bring?
17
A Just closed one, just closed doing
18
A No . I had none .
18 Thoroughly Modern Millie . I was stage manager .
19
Q You've got a folder in front of you . Is
19
Q What's the last show you did before that?
20 there any information related to the hearing?
20
A Before that was September -- I can't
21
A
No, just my letter that I received from
21
remember the exact dates but September of the prior
22 Mr
. Brown and the summons for the deposition .
22 year, of '05 .
23
Q Did you talk to any County Board members 23
Q So you didn't do anything from September of
24 about what kind of questions to expect today?
24 '05 until you just did Thoroughly Modem Millie?
9/27/06 Jeff Jo ce
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A
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No, sir .
When did you start on that project?
Thoroughly Modem Millie?
Yeah
.
Off and on, right after July 4th .
So you didn't have any show things going on
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about the proposal?
A
Q
Yes, sir
.
And you said that they would sometimes give
handouts?
A Yes, sir .
Q Now, did you understand that whatever they
while this landfill application was pending?
gave out at those board meetings was appropriate
A Oh, no, sir
.
material to consider in the decision-making process?
Q
Did either of your theater groups have
A It was information given at an open
meetings during that period of time?
meeting . Yes, sir .
A Oh, they do on a regular basis . I mean,
Q Can you remember -- strike that .
they have boards and have regular meetings .
Do you have any specialized knowledge
Q You're not on the boards, right?
A No, not for those
. I was, but that was
regarding hazardous waste?
A
Q
No, sir
.
about eight, nine years ago .
Did you do any studying up on hazardous
Q
How about your wife, is she on the board of
waste or waste disposal other than reviewing the
any of these theater outfits?
transcripts of the hearing?
A No .
Q
Did any of the people that testified or
A
Q
No, sir.
Do you have any experience with handling or
presented public comment at the landfill siting hearing
have any affiliation to your knowledge with either the
Comstock Theater or the Peoria Players?
exposure to hazardous materials?
A
Q
No, sir
.
Have any members of your family ever had
A I believe one gentleman that I know of,
Barry Cloyd, but I don't know him personally
. I've seen
any problems as a result of hazardous material
exposures?
Page 22
Page 24
1
his name in the newsletters and things like that, but
1
A No, sir .
2
he's the only person that I know of that had any
2
Q You indicated that the e-mails you
3 direct --
that has been affiliated with it before .
3 received, by and large, you did not read them?
4
Q Did either the Comstock Theater or Peoria
4
A No, sir.
5
Players ever take a position on this landfill expansion?
5
Q If I go to the period between November 9th
6
A Oh, no .
6 and May 3rd, did you also get letters mailed to you
7
Q
Are you or have you ever been a member of
7 containing landfill-related information?
8 any environmental groups such as Sierra Club, River
8
A Between November -- what was the dates
9 Rescue?
9
again?
10
A No, sir .
10
Q
That's when the application was pending up
I 1
Q Citizens for a Better Environment?
11 until you guys decided .
12
A No, sir .
12
A Nothing that -- no, I don't believe so .
13
Q Peoria Families Against Toxic Waste?
13
Q You never got any letters?
14
A No, sir .
14
A None that come to mind . I kept all that
15
Q Have you ever contributed anything to any
15
stuff together; and then, once everything was over, I
16 of those groups?
16
just disposed of it .
17
A Oh, no, sir .
17
Q So you did not turn it in to the county?
18
Q Have you ever received anything from any of
18
A No, sir . It wasn't asked for at that time .
19 those groups?
19
Q How many letters would you say you got?
20
A Other than handouts at board meetings, no,
20
A Gosh, I don't know . Maybe a couple of
21 sir.
21 dozen .
22
Q Now,
even while this process was going on,
22
Q Any of them stand out that you can
23 the siting process, the River Rescue and Sierra Club
23 specifically recollect?
24 people would appear regularly at board meetings and talk
24
A No, sir.
9/27/06 Jeff Joyce
CondenseIt' T"
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Q How many telephone calls would you say you
got from people wanting to express their views on the
landfill?
A A few . Probably -- I wouldn't say any more
than ten or twelve .
Q Do you remember any specific individuals
you got phone calls from?
A No.
Q Did you get any from Joyce Blumenshine?
A I don't believe so.
Q Did you get any from Tom Edwards?
A Yeah. Well -- yeah, I'm sure in there
somewhere . He's been quite vocal from the beginning .
Q Have you ever looked at the Peoria Families
Against Toxic Waste website?
A
No, sir
.
Q Ever look at the Sierra Club website?
A No, sir.
Q Did you do any of your own internet
research such as going to G . Fred Lee's website?
A No, sir.
Q Were there any anti-landfill billboards in
your district?
A I don't believe so . There's only one
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Page 27
past?
A It was a tour at the time for something
that -- right off the top of my head, I can't think of
what it was
.
Q Were you at the April 3rd meeting when the
staff presented its findings?
A Yes, Sir .
Q And, obviously, you were also at the
April 6th meeting?
A
Yes, Sir .
MR. MUELLER : Let's take a short break .
(Recess in proceedings from 3 :40 p .m.
to 3:45 p.m.)
MR. MUELLER : lust a few more.
THE wrTNESS: okay.
BY MR . MUELLER :
Q Mr. Joyce, are you involved in coaching any
high school speech activities?
A Well, yes, I am .
Q And where is that?
A Where is that? Through Richwoods High
School and Woodruff was --
Q
A
What do you do for them?
I coach speech, competitive speech.
Page 26
Page 28
I billboard in my district at the corner of McClure and
I
Q Does that include a debate team?
2 Prospect, but I don't remember it being one of them .
2
A There is no debate in this area anymore .
3
Q How about yard signs, were there any
3 That's only in the Chicago area . No one around here has
4 anti-landfill yard signs in your district?
4 the money to put up a debate team .
5
A Yes, Sir .
5
Q How long have you been doing that?
6
Q How many would you say there were?
6
A I have done that -- just for Richwoods or
7
A
Two or three dozen that I know of, I mean,
7 all in general?
8 that I can think of.
8
Q Just for Richwoods .
9
Q Do you know the people who would have
9
A Just for Richwoods, since about 1998 .
10 produced any of those yard signs?
10
Q And during this past year, were there ever
11
A No.
11 any speeches given or competitive speech performances
12
Q
Did you ever talk to any of them about
12 that had as part of their subject matter the issue of
13
their signs?
13 the landfill expansion?
14
A No.
14
A No, sir.
15
Q Did anyone ever come to your house while
15
Q So nobody ever, under your tutelage, gave
16 the application was pending to talk to you about the
16 any landfill expansion-related speeches?
17 expansion proposal and/or your vote?
17
A No, Sir. I didn't do the original
18
A No.
18 speeches . I coached public speaking, and I coached what
19
Q Have you ever been at the Peoria Disposal
19 are called interp . events which are published pieces.
20 Company site?
20
Q Do you know if there was a position taken
21
A Have I? I have in the past. Yes.
21 in the Richwoods student newspaper opposed to the
22
Q When were you there?
22 landfill?
23
A It's been probably four or five years now .
23
A No, I don't .
24
Q What was your purpose in being there in the
24
Q Let's go through a list of some people to
9/27/06 Jeff Joyce
CondenscIt"'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
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Page 29
see if you know them .
A Okay.
Q I think you said you've never had any
contact or affiliation with the Heart of Illinois Sierra
Club, the Sierra Club generally, Peoria Families Against
Toxic Waste, River Rescue, or Citizens for Our
Environment; is that correct?
A Correct .
Q Have you ever been to any meetings at the
Universalist Unitarian Church?
A No, just a funeral .
Q Have you ever been to any meetings at the
St. Thomas Church?
A No, sir.
Q Have you or any members of your family ever
been employed at Methodist Hospital, Saint Francis
Hospital, either one of them?
A No, sir.
Q Have you ever received anything of value
from the Peoria Medical Society?
A A
new knee
; but other than that, no, sir .
Q When did you get your knee replacement?
A I didn't have a full replacement
. I had a
tibial osteotomy in '89 .
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Page 31
No.
Do you know Dr. Vidas?
No.
Do you know Dr. Zwicky?
No.
Do you know Dr. Parker McRae?
No.
Do you know Dr. Steven Smith?
No, sir.
Do you know Dr
. McGee?
No .
Do you know Dr . Bill Scott?
No, Sir.
Have you had the children of any of those
doctors in your speech activities?
A
partner.
Q
A
None that I'm aware of, just Mr . Meginnes's
Do you know Beth Akeson?
I know her to see her, but I have never
really spoken with the lady .
Q
A
How do you know her to see her?
She's a civic activist. She's been at
several different things from schools to -- she was also
at the siting hearings
.
Page 30
Page 32
1
MS . NAIR : I bet you had to pay for that,
I
Q Have you ever been on a school board?
2 though .
2
A
No, Sir
. I worked for the school .
3
THE WITNESS : oh, yeah . It wouldn't be
3
Q Do you know Joyce Blumenshine?
4 free.
4
A
Yes, Sir
.
5 BY MR. MUELLER:
5
Q How do you know her?
6
Q
So that was quite a while ago?
6
A She's spoken at several County Board
7
A Yes.
7 meetings, and she spoke at the siting hearings .
8
Q Do you remember who your doctor was?
8
Q
Do you know her outside your role as a
9
A
Akeson
.
9
board member?
10
Q Jeff Akeson?
10
A
No, sir
.
11
A Yes, Sir .
I I
Q With regard to all of these other people
12
Q Have you retained a relationship with him
12 I'm going to ask you about whether you know, the
13 ever since that time?
13
question always is whether you know them outside of
14
A No, I haven't
.
14 having seen or heard them in the performance of your
15
Q When's the last time you saw Dr
. Akeson,
15 duties as a board member .
16
not as a doctor but in any capacity?
16
A Okay.
17
A
Just seeing him, he was at several of the
17
Q That would be Tessie Bucklar?
18 hearings, along with his wife .
18
A No.
19
Q Did you talk to him at any of these
19
Q
Tom Bucklar?
2o hearings?
20
A No.
21
A No, sir .
21
Q Kim Converse?
22
Q Do you know Dr. Rodney Lorenz?
22
A No.
23
A No.
23
Q Ted Converse?
24
Q Do you know Dr. John McLean?
24
A No, sir.
9/27/06 Jeff Joyce
CondenseIt
m
Page 35
•
Did she ever express an opinion about the
siting application to you?
A No, just her testimony.
•
Mayvis Young?
A Oh, yes, sir .
•
How do you know her?
A
She makes a wicked egg roll . She has a
former restaurant here in town .
•
Other than having eaten at her restaurant,
do you have any --
A
No,
sir.
No. She also came to board
meetings, but no, other than that.
MR
. MUELLER : I
don't have any more
questions . Thank you.
3 :55 P.M.
(Further deponent saith not .)
Petitioner,
vs.
) No . PCB 06184
PEORIA COUNTY BOARD,
)
Responders .
)
I hereby certify that I have toad the
foregoing transcript of my deposition given on September
27, 2006, at the time and place aforesaid, consisting of
pages 1 through 35, inclusive, and I do again subscribe
and make oath that the same is a true, correct, and
complete transcript of my deposition so given as
aforesaid .
Please check one :
I have submitted errata sheet(s) .
No corrections were noted .
PEORIA DISPOSAL COMPANY .
JEFFREY JOYCE
SUBSCRIBED AND SWORN TO
before me this
day
of
,A .D .2006.
Notary Public
My Commission expires
Page 36
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 33 - Page 36
)
Page 33
1
Q Ralph and Jane Converse?
2
A No, sir.
3
Q Bill Cook?
4
A I had him for an instructor about 15, 16
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5 years ago
. He was a teacher at ICC
. No, longer ago
6 than that
. Oh, my God
. 25 years ago . I'm sorry
.
7
Q Did you maintain a relationship with him
8 since that time?
9
A No, sir .
10
Q Bill Cook?
I 1
A That was the gentleman you just asked
.
12
Q I'm sorry. Tom Edwards?
13
A Tom Edwards, just from his appearances
.
14
Q Right. Joyce Harant?
15
A I've met Joyce at political functions but
16
not really spoken with her .
17
Q Did she ever contact you during these
18 siting proceedings to express an opinion or solicit your
19 support?
20
A No, sir .
21
Q Mary Harkrader?
22
A I've known Mary for several years in a
23 political sense . She was the county clerk but not in
24 this venue.
Page 34
1
Q Did she ever contact you to express an
I
2 opinion or solicit your support for an opinion?
2
3
3
A No, sir.
4
4
5
Q Cindy McLean, do you know her?
5
A No.
6
6
Q Lisa Offutt or Peter Offutt?
7
7
A No, sir
.
8
8
Q Chris Ozuna-Thomton?
9
9
A No, sir.
10
10
Q Elmo Roach or Jean Roach?
11
A He is a former attorney --
oh, I'm sorry .
12
12
I'm thinking of the wrong name. No, sir . I don't know
13
13
them .
14
14
Q Cara Rosson?
1s
15
A No.
16
16
Q Amy Schlicksup?
17
17
A No. I knew some Schlicksups, but I had to
18
18
think . No.
19
19
Q Cathy Stevenson?
20
20
A No, sir
.
21
21
Q Diana Storey?
22
22
A No, sir.
23
23
Q Barb Van Auken?
24
24
A I just know her through politics .
9/27/06 Jeff Jo cc
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STATE OF ILLINOIS )
) SS
CO5MVOFTA2PLFIL)
Page 37
CERTIFICATE
I, Angela M . Jones, CsR-RFS, a Notary
Public duly commissioned and qualified in and for the
County of Tazewell, State of Illinois, do hereby certify
that there came before me on September 27, 2006, at 416
Main Street, Suite 1400, Peoria, Illinois, the following
named person, to wit :
JEFFREY JOYCE
a witness, who was by me first duly sworn to testify
to
the truth and nothing but the truth of his knowledge
touching and concerning the matters in controversy in
this cause, and that he was thereupon carefully examined
upon his oath and his examination reduced to shorthand
by means of stenotype and thereafter
converted
to
typewriting using
computer-aided
translation by me .
1 also certify that the deposition is a
true record of the testimony given by the witness .
1 further certify that I a n neither
attorney or counsel
for nor related to or employed by
any of the parties to the action in which this
I
2
Page 38
deposition is taken, and further that I am not a
relative or employee of any attorney or counsel employed
3
by the parties hereto or financially interested in the
4 action .
5
In witness whereof, I have hereunto set my
6 hand and
notarial seal October 2, 2
7
8
9
~/
10
/
1 I
/
Arse a
. tones, CSR-RPR
III
CSR * 4-003482
12
Commission Expires 4/30/2010
13
14
15
16
17
ANGELA
OFFICIALSEALM
. JONES
18
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES 430.2010
19
20
21
22
23
24
9/27/06 Jeff Joyce
Condenseltn
'
1
#084-003482111
A.D [1] 36:21
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Betterp]
22:11
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31
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33:10
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26 :1
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2:11
2:11
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12:2
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32:3
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8:18
9:22
12:9
16:8
16:11 17:1 17:7
17:9
17:19 18:2
18:10 18:13 18:16
18:23
19:3 21 :16
22 :20 22:24 23:7
32:1
32:6 32 :9
32:15
35:11
36 :4
boards [2]
21 :12
21 :13
body p] 8:22
book Ill 14
:13
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8 :15
break P]
27:11
BRIAN Ill
2 :6
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2:11
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18:22
19:10
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32 :17
32
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6:3
9:12
calls [41
12 :14
12:15
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25 :7
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30:16
Cara
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34 :14
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37:16
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7:21
Cathy p]
34:19
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CERTIFICATE [1]
37:4
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36:7
37:8 37:20
37 :22
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check 121
16:1
36:12
checked[11
11 :19
Chicago
111
28:3
children [2]
31 :14
8:8
Chris [2]
2:18
34
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Church 121
29 :10
29 :13
Cindy Ill
34:4
Citizens [2]
22:11
29 :6
City 121 6
:14
7:5
civic pl 31
:22
clarified
I1]
17:13
clear
Ill
9:18
clerk 12110
:13
33 :23
closed [3]
16:4
20 :17
20:17
Cloydn]
21 :24
Club [7] 9:24
22:8
12:3
22 :23
25:17
29:5
29 :5
coach
p1
27:24
coached [2]
28:18
28:18
coaching[i]
27 :17
code [2] 5 :12
5
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Columbus
I1]
2:3
column
P1
13:16
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1 :0
comment [1]
21 :20
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38:12
commissioned
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37
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Committee [l] 13 :1
communicate p ]
9 :7
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1 :0
4
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7:4
26 :20
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28:11
complete
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36 :9
computer-aided[l]37:19
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37:15
concerns
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13 :17
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15:21
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10:7
23:8
consisting
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36:8
constituents
9:7
[2]
9:13
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16:11
716:24:16
29 :4
33:17
34 :1
contacted
Ill
17 :13
containing p] 24
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contents
[11
10
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context [2]
10:5
9:9
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20 :13
20:14
contract
p1
7:7
contracts p1
7
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contributedp] 22 :15
CONTROL [11 1 :0
controversy
Ill
37 :15
conversation19:10
[2]
19:12
Converse [3)
32:23
32:21
33 :1
converted [11 37:18
Cook [2] 33 :3
coordinator[i]337:21:10
corner [1]
26 :1
Cornstock [4] 19:23
19:24
21 :22
22 :4
correct [8]
7 :16
6:23
10:4
18:5
19:19
29 :7
29 :8
36:9
corrections [11 36
:14
COULTER [2] 2 :18
2:18
counsel [2]
37:23
38:2
county p9]
1 :0
1 .0
5 :16
8:18
9:12 9:19 9:21
10
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2417:17:19
1832:6:23
3319:3:23
36:4
37:2
37 :8
couple [21
11 :17
24:20
Court(1]
1 :0
covered Ill
16:7
covering[1]
14:7
criteria[io]9:4
13:19
914:2:1
14 :11
14:12 14:17
16:1
16:17
17:2
SIVERTSEN REPORTING SERVICE (309) 690-3330
#084-003482
- criteria
Index Page 1
38
:12
ability p]
9:7
pl
13:19
accordance
[l) 4:11
'03
[11
6 :19
action [21
37:24
'05 [21 20 :22
20:24
38:4
'89 [11
29:24
actively [11
11 :9
'I [11
13:18
activist [11
31 :22
05
Ill
1 :0
activities [21
27:18
06-
184 [21
1 :0
31 :15
36 :3
additional
[3] 9 :19
1 [11
36:8
10:6
15:22
101 m 2 :11
address5
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[5]
5 :7
12[11
5:15 5:16
1208
14 [2]p]
53
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administra
5 :22
[l] 6 :2
1400[31115(2137:10
8:4:0
218:7:5
administration
admitted
6:3
vi 14p]:18
2
199816m[1)
[q202833:7:9:4
33:4
affiliationaffiliatedadult
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38:6
29 :4
20 p]
20:8
affix
p1
38:6
2006
36:8[61
1 :0
12:24
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204
38:6[11
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37:9
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3624:9:10p]
17:3
36:8
22
p1
5:10
Against p]
22:13
23
In
6
:12
25 :15
29:5
25 Ill
33:6
age Ill
6:9
27[3]
1 :0
36 :8
ago [7] 6:8
6 :8
37:9
21 :15
30 :6
33:5
28th[1] 10 :9
33:5
33:6
3 [41
1 :0
27:12
agreed [11
15:2
27:13
35:15
agreement p]
4 :12
309 [2] 5:12
5:14
10:3
12:5
31 p1
3:12
12 :18
aides I1] 7 :21
12 :22
Akeson
[4)
30 :9
35 [11
36:8
30:10
30:15 31
:18
3rd [21 24 :6
27
:5
along [11
30 :18
4 P]
3:4
always [2]
9 :14
4/30/2010
40 Ill
p]
38:12
Amy32
:13
[t] 34
:16
416
27:12
Angela [31
1 :0
p1 1:0
2:7
37:6
37:9
answer[1]38:11
45 [1l
16:17
27:13
48 [1]
6:10
anti-landfill
25 :22
[2]
5Ill4th
p1
21 :5
appear [2126
:4
11 :13
17 :21
22:24
528[1] 2 :3
appearances [2]
55 p]
35 :15
2 :1
33
:13
5th [2]
12 :24 15 :23
application [7] 4:15
61350111
2:4
8:16
9:3
21 :7
24 :10
61550111
2:12
26:16 35:2
61602111
2:8
appointed pl 14:23
61603 [11
5:8
appropriate [1] 23 :7
645-9622
p] 5:14
April13
:2
15]
12:24
682-4852111 5:12
27 :9
15:23 27 :5
6th
[11
27:9
area [6] 5:12
5 :14
9/27/06111
1
:0
8:6
8:9
28:2
9th p l 24:5
28:3
A .A [11 6 :6
article [4]
3 :12
9/27/06
Jeff Joyce
Con denselt'T'
decision-making [2]
4 :16
23:8
degree p]
6 :6
democrat [21
17:22
17:23
deponentp] 35:19
deposed 12]
19:2
19:4
deposition
4:10
po] 1 :0
4:17
18:22
3619:9
:7
3719:20:15
3638:7:1
depositions [11 1:0
describe Ill
11 :5
destroyed p] 10:23
devote
[' 1
20:9
Diana Ill
34:21
different
[21
20:1
31 :23
direct [2]
22
:3
13:4
directory]
6:17
discovery[']
4:10
disposal436:14
: ]
23
[5]
:16 26
1:0
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disposed[']
24
:16
district [61
7:8
17:19
17
:21
25
:23
26 :1
26 :4
doctor [21
30:16
30:8
doctors I1
31:15
done [2] 18 :3 28:6
down E41
12:4
11 :18
13:16
19:7
dozen [31
11 :18
24 :21
26:7
Dr [91
30:15
30:22
30:24
31
:2
31 :4
31:6
31 :8
31 :10
31
:12
drivers pl
7:2
duly y1 4:3
37 :7
37:13
during
161
9:14
9:10
16:9
21:10
28 :10
33:17
duties [21
6:24
32
:15
Dynamic Ill
8:13
e-mail [31
5:15
5:16
5:21
e-mails
[71
9:22
10:15
11 :1
12:2
11 :15
12:10
24 :2
E-space [q
10 :21
easily [q
17:18
East[q 5 :8
eaten [1] 35 :9
educational Ill 5:24
Edwards (3]
25:11
33:12
33:13
egg[i] 35:7
eight [3] 6:8
21 :15
20:15
either [4]
21 :9
21 :21
22 :4
29:17
Elaine [3]
12:23
13 :21
15 :23
elected
Ill
7 :10
Elias ['12 :7
Elmo
['1
34:10
employed (81 7 :11
7:17
7:18
8 :12
8:13
29 :16 37:23
38:2
employee
38:2
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employer
8:3
[21 6 :22
employment p]
6:11
emptied(']
10:18
Environment [2]
22 :11
29:7
environmental22
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Ill
errata [1]
36:13
ESQUIRE [4] 2:3
2:6
2:6
2:10
established pl 9:21
events [q
28 :19
everybody [21 16:14
17 :3
evidence [21
14 :6
14:4
exact [216 :7
20:21
exactly [q
11 :6
examination1
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[41
3:4
4:5
37 :17
examined [21 4:4
37 :16
example
[q
11 :24
Exhibit [3]
3:12
12:18
12:22
EXHIBITS [q 3 :11
expansion22:5
(4) 8:20
26
:17
28:13
expansion-related pl
28 :16
expect [21
18:24
19 :18
experience['] 23 :19
expires [21
36
:24
38:12
explained['] 19:11
exposure [q 23 :20
exposures [11 23 :24
express [4]
25 :2
33:18
34
:1
35 :1
facility
[q
7:2
facts
111
12:7
fairly [1]
17:18
familiar
[1]
4:20
Families [31
22 :13
25:14
29:5
family [21
29 :15
23 :22
far [1]
16:4
few [2] 25:4
27:14
file 131
11
:8
11 :22
12:13
final pl 18 :1
financially [q 38 :3
findings pl
27:6
finish [1]
11 :23
finished [q
15:16
first [4] 4 :3
11 :20
16:21
37:13
five [2] 19 :13
26:23
folder [41
10:17
10:17 10:20 18:19
follow-up
pl
15:18
following
111
37:10
follows
[1]
4:4
foregoing ['] 36:7
former [21
35:8
34:11
forth
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four[21 20 :15 26:23
Francis
pl
29:16
Fred [q 25 :20
freep] 30 :4
frequent[']
7 :23
freshman ['] 8:14
front
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18:19
fulfilled p]
9:3
full
[2)
4:7
29:23
functions p] 33:15
funeral p 1
29:11
G
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25 :20
gathered [1]
15:17
general [9]
6:21
6:24
9:2
9:12
9 :4
10 :8
10:8
10 :10
28 :7
generally [2]
29:5
4:20
gentleman [21 21 :23
33:11
George [2]
2:3
4:14
given [sI
23:9
28 :11
36 :7
37:21
36:9
God[q 33
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Gosh [1] 24 :20
governing p] 8 :21
government [1] 7:9
Graphicsp]
8 :14
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7 :7
ground [1]
4 :21
group
[q
19:20
groups
15]
9 :23
21 :9
22:8
22:19
22:16
guys p] 24 :11
halfway[']
13 :16
hand Ill 38:6
handling [i]
23 :19
handouts [2]
22 :20
23:4
Harant pl
33
:14
Harkraderp] 33 :21
hazardous [41 23 :13
23 :15
23 :20
23 :23
head [4] 10:2
12:5
12 :4
27 :3
heading
p1
11 :5
heard111
32 :14
hearing9:1
9
(14]
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98:19:20
11 :11 12:8
14 :3
14:14 14:18 15 :12
15:16 18
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23:17
hearings15:4
30
[6]
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31 :24
32 :7
Hearth]
29 :4
help [21 17 :6
17 :11
hereby [2]
37 :8
36 :7
herein
[1]
1 :0
hereto [1]
38 :3
hereunto
[q
38 :5
high [2] 27 :18 27 :21
hiring [q
7:2
history[']
6:11
home [2]
5:11
5:15
Hopkins
141
12 :23
13:6
13 :21
15 :23
hospital
(3)
8:5
29 :16
29
:17
hour[q 1
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hours p 1
20 :15
house
p1
26:15
huh-uh[q
5:1
ICC (21 6:5
33:5
identification [q
12:19
identified [q 6:22
Illinois
21:0:8
[12121:12:0
271:4:0:19
2937:10:4 37 :1 37 :8
38:12
inadvertently
11 :7
[31
11 :16
11 :17
include [1]
28 :1
inclusive [11 36 :8
INDEX [q 3:1
indicated [1] 24
:2
individuals [q 25
:6
interviewed['] 13 :5
Julyp] 21 :5
SIVERTSEN REPORTING SERVICE (309) 690-3330
CSR
- July
Index Page 2
involved20
:7
[3]
7 :1
27 :17
issue p 128 :12
issues [1]
17:7
J[']
2:6
JANAKI [q 2
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Jane[q 33 :1
Jean pl 34 :10
Jeff13:17[4] 1 :0
3:4
30 :10
Jeffrey4:2
(61
1 :0
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36:17
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job [41 6:18 6:20
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John [11 30 :24
Jones37:6 pl
1:0
38:11
Journal [21
3 :12
12:23
Joyce (231
1 :0
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4:2
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4:10 4:13
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27 :17 32:3
33:14
33:15 36:17
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judge [q
9 :3
judging [1]
14:3
influence
17:5
[21 11 :13
information [17]
9:19
10:9
9 :23
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23 :9
18:16
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1011:7:10
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18:20
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5:20
instances [q 4:19
instructor [q 33:4
intending p1
18:2
interested
38:3
[21 13:23
internet[1]
25:19
interp[']
28:19
interpreted ['1 17:18
interview
[1]
15:23
CSR[2] 1 :0
38 :12
CSR-RPR [21 37 :6
38:11
current [1)
6:20
date [21 6 :7
10 :10
dated[i]
12 :23
dates 12] 20 :21 24 :8
daughter['] 8:14
David
[4]
2:10
4:8
4:10
15 :1
day-to-day p] 7:1
debate [31
28 :1
28:2
28:4
decided
m
24 :11
decision
[6] 8:18
9:4
9:16
11 :14
16:15
17:4
9/27/06 Jeff Joyce
Condenselt"`
keep [21 7 :3
9:15
kept [21 9 :11
24:14
Kimp] 32 :21
kind [I] 18
:24
knee [21 29
:21
29:22
knew
141
10 :23
12 :11 16 :3
34 :17
knowing
p]
13 :23
knowledge p1
21 :21
23 :12
37 :14
known
111
33
:22
lady p
1
31 :20
landfill [9]
8 :21
8
:22
21 :7
21 :20
22 :5
25 :3
28 :13
28
:16
28
:22
landfill-related
ill
24 :7
large p] 24
:3
last [5]
6 :15
7 :15
20 :16
20 :19
30 :15
lawyer[1]
19
:17
leave [1]6 :18
leaving [2]
18 :10
18 :13
Lee's [1)
25 :20
Leslie pl
8 :13
less
pl
9 :22
letter
ill
18 :21
letters p]
24 :6
24 :13 24 :19
Lift[l] 6 :14
line [q 11 :20
Lisa [2[ 7 :14
34 :6
list[l] 28 :24
lived
ill 5
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living p1
8 :8
local [1) 8 :21
longer p]
33 :5
look 121 14 :16
25 :17
looked [2]
10 :16
25 :14
looking [21
14 :4
14 :9
Lorenz p 1
30 :22
Lutheran [1] 7 :18
M p] 1 :0 37:6
38 :11
mailed
[i1
24 :6
Main [411 :0
2 :7
2 :11
37 :10
maintain p]
33 :7
majority [21
10 :15
11 :1
makes ill
35 :7
manager [2]
6 :21
20 :18
March121
6 :19
10
:9
marked [21
12 :18
12 :22
Mary 121
33 :21
33 :22
2 :7
Meginnes's [1] 31 :16
mid-week p] 15 :8
middle [1]
17 :24
might p 7
16 :19
Millie
p]
20 :18
20 :24
21 :3
mind [4] 9 :15
16 :10
16 :15
24 :14
minimum[I] 9 :11
minor[']
6 :3
minutes [1]
19 :13
Miss [I] 13 :6
missed
[2]
15 :5
15 :6
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20 :18
20 :24
21 :3
Molly [11
8 :14
money
[7]
28 :4
monthly p]
20 :10
Morton [I]
2 :12
25 :24
26 :2
28 :3
29 :17
36 :12
ones [21 12 :1
20 :1
open (3) 9 :15
11 :2
Ozuna-Thornton p]
34 :8
Pill
8 :13
P.C[I] 2 :7
p.m
[4] 1
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27 :12
27 :13
35 :15
page [31 3:3
13 :5
13 :16
pages p]
36 :8
pamphlets
ill
9 :23
papajoyce
ill
5 :19
paragraph [I] 13 :17
Pardon [1]
20 :2
Parker[']
31 :6
part [21 13 :6 28 :12
particularly [1] 12 :17
parties p]
4 :12
37 :24
38 :3
partner[1]
31 :17
past [31 26 :21
27 :1
28 :10
Patrick
p]
16 :21
pay[l]
30 :1
PCB [2] 1 :0
36 :3
PDC p1 2:18
2 :18
4 :15
pending [3]
21 :7
24 :10
26 :16
people p]
12 :14
21 :19
22 :24
25 :2
26 :9
28 :24
32 :11
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1 :0
1 :0 1:0 2:8
3 :12
4 :14
5
:8
6 :12
6 :15
7 :5
7 :8
8 :6
8 :9
8
:17
12 :23
20 :5
21 :22
22 :4
22 :13
25 :14
26 :19
29 :5
29 :20
36 :1
36 :4
37 :10
performance
32 :14
[1]
performances p ]
28 :11
period
(2)
21 :10
24 :5
person [31
13 :13
22 :2
37 :11
personal
[1]
9 :13
personally p]
21 :24
personnel [n 7 :2
pertain pl
1 :0
Peter [1] 34 :6
Petitioner p] 1 :0
2
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36 :2
phone
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5 :13
12 :14 12 :15 13 :12
13
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19 :10
25 :7
phrase
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14
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pieces p]
28 :19
place ['136 :8
plans p]
18 :9
Players p]
20 :5
21 :22
22 :5
point [3111 : 10
11 :24
18
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political [4]
18 :9
18 :12
33 :15
33 :23
politics p]
34 :24
POLLUTION
1 :0
ill
position 121
22 :5
28 :20
possible ill
5 :4
Pottstown [11 8 :23
prejudicial p] 11 :14
prepared [1] 19 :7
PRESENT
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2:17
presented [3] 14 :5
21 :20
27 :6
primary p]
18 :6
print [2] 10 :22 17 :17
private [I]
7 :4
problems pl 23 :23
procedures
ill 4
:21
proceedings [2] 27 :12
33 :18
process
[71
4 :16
9 :11
16 :9
19 :11
22 :22
22
:23
23 :8
produced
[I]
26 :10
professionals
7 :24
[q
project p]
21 :2
proposal [2]
23 :1
26 :17
Prospect p]
26 :2
provide
ill
7 :5
provider [1]
8 :6
public po]
1
:0
6 :12
6 :16
9 :8
10
:14
15 :16
21 :20
28 :18
36 :23
37 :7
SIVERTSEN REPORTING SERVICE (309) 690-3330
keep - public
Index Page 3
Most [31 17 :16 17 :16
17 :17
MS
[il
30 :1
Muellerpl] 2 :3
3 :4
4:6 4:9
4 :14
12:20 27:11
27 :14
27:16 30:5
35 :13
MV [1] 6:13
NAIR [21
2 :6
30
:1
name
[914
:7
7 :13
7 :14
7 :15
11 :19
12 :11
18 :7
22 :1
34 :12
named
[I]
37 :11
names p]
8 :11
needed p]
10
:24
17 :12
neither [1]
37 :22
never
[61
10 :16
10 :16
19 :14 24 :13
29 :3
31
:19
newill 29:21
newsletters p] 22 :1
newspaper[1] 28 :21
nine po] 6 :8
9 :2
9 :4
13 :19 14 :1
14 :11
14 :12 14 :17
16 :1
21 :15
nobody[I]
28 :15
none [s] 12 :16 16 :10
18 :18
24 :14 31 :16
nor[[' 37 :23
notarial [q
38 :6
Notary p]
1 :0
36 :23
37 :6
noted [i ]
36 :14
nothing [2]
24 :12
37 :14
notice [3]
1 :0
4 :11
4
:23
November
[4]
18 :3
18 :4
24 :5
24 :8
now [71 6 :13 8 :4
14 :20
17 :24 22 :22
23 :6
26 :23
number [21
5 :11
5 :13
oath p1 4
:4
36 :9
37 :17
obviously[I] 27 :8
October
p) 38 :6
Off
[31
18 :4
21 :5
27 :3
offhand [1]
15 :7
Office [2]
19 :6
19 :9
Offutt [2]
34 :6
34 :6
often [1] 17 :16
once [7] 24 :15
one[131 4 :13 5 :19
5 :23
15 :5
19 :9
20 :4
20 :17 21 :23
Mass [2]6
:14
7 :8
material (3]
17 :17
23 :8
23 :23
materials
[21
14 :18
23 :20
matter
[q
9 :14
10 :14
11:7
28:12
matters p7
37 :15
May p1 11 :7 12 :16
24 :6
Mayvis
p1
35 :4
Maywoodill
5 :8
McClure[n 26 :1
McGee
pl
31 :10
McLean [2] 30 :24
34 :4
McRae p)
31 :6
mean [212 1 :11 26 :7
Means [2]
11 :4
37 :18
medical [31
7 :24
8 :6
29 :20
meet p] 14 :2
meeting [6]
13 :2
13 :2
15 :16 23 :10
27 :5
27 :9
meetings [13] 9 :11
9
:12
15 :18
17 :18
21 :10
21 :12 22 :20
22 :24
23 :7
29 :9
29 :12
32 :7
35 :12
Meginnes
[2] 2
:6
23 :9
opened p]
10 :16
11 :16
11 :17
opening [p 12 :11
operations [p 7 :2
opinion [4]
33 :18
34 :2
34 :2
35 :1
opinions
[2]
16 :12
16 :13
opposed [1] 28 :21
original
[1]
28
:17
oSteotomy[1]
29
:24
Ottawa [7]
2 :4
outfits [1]
21 :17
outside [7]
9 :8
9 :10
11 :10 11 :13
14 :17
32 :8 32 :13
Own
[71 13
:18 13 :24
14 :8
16 :15 16 :15
17 :4
25 :19
member
[9] 14 :20
16 :8
19 :3
19 :20
20 :3
20 :4
22 :7
32 :9
32 :15
members [121 9 :8
9
:22
12 :9
16 :12
16 :16 17 :2
17 :8
17 :9
18 :17 18 :23
23 :22 29 :15
Met
[21 13 :19 33 :15
Methodist['] 29 :16
9/27/06
Jeff Joyce
Condenselt t
recommendations
III
37 :23
relationship 12130 :12
2 :12
36 :5
Richwoods [s] 27 :21
2828:21:6
28:8
28:9
Riffle [11
2:7
right2717:3:24[7]
215:5
:5
1521:13:7
33:14
River [31
22 :8
22:23
29 :6
Roach [21
34:10
34 :10
Road p18 :23
Rodney [q
30:22
role [2] 8 :17
32:8
roll
p]
35 :7
Rosson rq
34:14
ROYAL [1]
2 :18
RPR[1] 1
:0
rules p] 1:0
4:21
4:11
run p] 18:6
running [14
7:3
runs p] 6:13
S [1]
36:13
Saint p 129 :16
saith [11 35:19
sat[1]
19:6
saw [21 12:12
30:15
says p] 13 :17
Schlicksup [11 34:16
Schlicksups
[1]
34:17
school [41
2732:18:2
6:12
13:5
11 :20
1631:6:21
30 :17
2:7
33 :23
sent[i]
12:2
separate p] 5:16
September3620:7:20
20:21
[6]
201:0:23
37:9
service
[1]
8:6
services [2]
7:6
7:19
Set [2]
19:10
38:5
several [4)
31 :23
30:17
32:6
33:22
sheet [q 36 :13
short
[1]
27:11
Shorthand 1r1
37:17
Show [514:9
20:14
20 :16
20:19
21 :6
showing
[1]
12:21
sicp]
6:14
Sierra [7]
9:24
2512:3:17
22:8 22:23
29 :4
29 :5
signs [4] 26:3
26:10
26 :4
26:13
site [q 26:20
siting8:19 [18]
8:22 94:15:1
149:10:3
914:20:14
1411:22:20
143322:18:23:24
3115:24
:16
3221:7:20
35:2
Six [1]
20:14
Smith [1]
31 :8
social [2]
7 :21
7:18
Society p]
29:20
Solicit [2]
33:18
34
:2
sometimes8:2
[3] 8:1
23:3
somewhere
25 :13
[21 w .21
sorry p] 33 :6
34:11
33:12
sort[i] 14:9
sounds
(21
4:24
14:9
sources p]
14:10
South[1]
2:11
Speaking
[11
28:18
specialized [1] 23:12
specific p1
12:15
12:1
25:6
specifically24:23
[2116 :24
speech [5]
27 :24
27:18
27:24
28:11
31 :15
speeches [3]
28:11
28 :16
28:18
spoke p]
32:7
spoken [3]
32:6
31 :20
33 :16
SS [3]
37 :1
St[p
29:13
staff [5] 15 :19
16:18
16:16
17:13
27 :6
stage (1120 :18
stand p]
24 :22
Star[2] 3 :12
12:23
start [1] 21 :2
startedp]
18:7
State [s] 1
:0
8 :20
4:7
37 :1
37:8
State's [2]
19:9
19:6
statement [1]
13:20
statements p] 12:7
Stenotype [1] 37:18
Steven
p1
31 :8
Stevenson[1] 34:19
stillp] 16
:5
Storey
('1
34:21
Story
(1)
13:6
straight [4]
11 :8
10:17
11 :22
12:12
Street
2:3
[s]2:7
2
1:0
:11
37:10
strike [q
23 :11
student p]
28 :21
studying [1] 23 :15
stuff
111
24
:15
subcommittee14:21
[31
14 :24
15 :3
subject p]
11 :18
11 :7
28:12
submittedp] 36 :13
subscribe [1] 36 :8
SUBSCRIBED36:20
p]
succinct p]
17:18
such [3] 17 :10 22 :8
25 :20
Suite [4] 1 :0
2:7
2
:3
37:10
summons [q 18:22
support (2]
33 :19
34:2
supposed 12]
14 :2
14:3
Supreme p]
1 :0
sworn
[4]
4 :3
4:1
36 :20
37 :13
system[l]
6:16
takes p17 :3
taking
p1
1 :0
Tazewell [3]
1 :0
37:2
37 :8
teacher[1]
33 :5
team [21 28 :1
28 :4
Ted p] 32:23
telephone
[21
5:11
25:1
ten [21
6:8
25 :5
term
[21
17:24
18:1
Tessie p 1
32 :17
testified 121
21:19
4:4
testify [11
37:13
testimony
3711:21:9
17[s]:17
3510:12:3
Thank 121
35:14
5:6
theater[s]2119:9
:22
2119:17
:24
212019:11:20:22
thereafter[l]22:4
37 :18
Therefore p] 5:3
thereupon 111 37 :16
thinking [1]
34 :12
third [11 13
:15
Thomas [11
29 :13
Thoroughly20
:24
[31
20 :18
21 :3
three [2] 20 :1
26 :7
through15:17
16
[7]
:2 2714:4:21
28:24
34 :24
36:8
tibial
p1
29 :24
times p]
17:14
title [2] 6:15
11 :6
today [s1
18:15
4:15
18:24
19:18
19:8
today's p]
19:14
togetherp]
24
:15
Tom [4] 25:11 32 :19
33:12
33 :13
too p] 17 :16
top
p1
27 :3
touching [1]
37:15
tour[i] 27:2
town [1] 35 :8
Toxic 13]
22 :13
25 :15
29:6
transcript15
:14
[41 15:9
36:7
36:9
transcripts
23:17
[2] 15:15
Transit [21
6:14
7:8
translation p] 37 :19
transportation (3)
6:13
6:17
7:5
tried [11 9:14
true (2] 36 :9
37 :21
truth [21 37 :14
37 :14
try 151
4:24
16:12
17:4
17 :6
17:10
turn p] 24 :17
tutelage p]
28:15
twelve p1
25:5
two [4] 8:10
20 :3
20:1
26:7
typewriting
under[i]
[q 3728:19:15
SIVERTSEN REPORTING SERVICE (309) 690-3330
published - under
Index Page 4
published [21 14:15
28 :19
purport p1
12:7
purports [11
12:22
purpose p1
26
:24
pursuant
4:11
[2] 1
:0
pursuing
13 :24
[4] 13 :18
14 :8
15 :22
Put28:4
[31 11
:18 16:4
qualified [1] 37:7
questions
14:5
[101 4:15
16:5
14:7
16:2
16:19
16:7
16:17
18:24 35:14
quite [2125 :13 30:6
Ralph [i 1
33:1
read [4] 11 :16 12:9
24:3
36:7
reading [11
11 :23
really [2]
31 :20
33 :16
reason p]
9:20
receive [1]
10:7
received
18 :21
[s]
10:15
22 :18 24 :3
29 :19
receiving [1] 11 :10
Recess [11
27:12
recollect [q 24:23
15:19
record10:2 [6]
10:14
414:9:6
16:4
37:21
records
p 1
14:15
reduced [11
37:17
referring
p1
15:22
regard32
:11
[2]
17 :5
regarding [1] 23 :13
registered 121
10
:11
10:13
regular21
:11
[3]
20 :13
21 :12
regularly
22 :24
[21 8:1
related [21
18 :20
33:7
27:22
32:1
relative
[p
remember [121
38 :2
12 :15
schools6:16 [3]
31 :23
12 :24 13:2
13 :9
Scott [1131 :12
2013:20:21 2315:11:6 2516:6:22
seal p] 38:6
26:2 30:8
second p1
13 :16
replacement 12129 :22
see
13 :16
29 :23
14
:6(s1
9:12
report [11
16:18
29 :1
16:5
31 :19
republican p]
requested p]
required p]
17:22
18:16
8:20
seeing [1]
Seghetti p 1
sense p]
responsibility [1]
9:1
restaurant
35:9
[21 35 :8
result [1]
23:23
retained [11
30:12
retiree]
18:2
review
15:14
[31
15:9
15:19
reviewed [q 15:15
reviewing [il 23:16
Rescue22
:23
[31
22 :9
29:6
research13:24
[61
13 :18
15:22
14:9 14:16
25 :20
Respondent [31 1 :0
9/27/06 Jeff Joyce
Condenselt"''
SIVERTSEN REPORTING SERVICE (309) 690-3330
understand - Zwicky
Index Page 5
understand [31 8 :24
9
:17
23:6
Unitarian
p1
29
:10
Universalist
pl
29 :10
up [71
10:9 12:4
16 :15
24:10
19:10
23:15
28:4
Urich[11
16
:21
using [2]
14 :12
37 :19
Usually
p1
11 :20
value
pl
29 :19
Van (q 34 :23
venue [1]
33 :24
Vidas
p1
31 :2
views [q
25 :2
vocal
p1
25 :13
Vote [31 16 :9 16 :13
26 :17
VS (21
1 :0
36 :3
wanting 1']
25 :2
wants
[11
12 :1
waste [61
22 :13
23 :13
23 :16 23 :16
25 :15
29
:6
website [31
25 :15
25 :17
25 :20
Wednesday
[1]
1
:0
weeks [q
20 :15
weigh p ]
11 :14
whereof
[1l
38 :5
Whole p 1
13 :1
wicked p 1
35:7
wifc[3] 7
:11 21 :16
30 :18
Williams
[11
15 :2
witpl
37 :11
without
[11
12 :11
witness [9]
1 :0
3 :3
4 :1
4 :3
27 :15
30 :3
37 :13
37 :21
38 :5
Woodruff p1 27 :22
word [115 :19
worked [41
6 :12
8
:3
8 :5
32 :2
wrong [11
34 :12
yard
[31
26 :3 26 :4
26 :10
year [31 5 :23 20 :22
28 :10
years [121
5 :10
6 :8
6 :8
6 :13
8 :4
18 :5
20 :8
21 :15
26 :23 33 :5
33 :6
33 :22
Young [q
35 :4
yourself
1'1
16
:12
Zwicky
pl
31
:4
Exhibit 3
ALLEN MAYER
9-14-2006
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
PEOFI : DISPOSAL .COMPAN ,
Petitioner,
1
EORIA C. UNTi BOARD,
Respondent .
The deposition of ALLEN MAYER, a material
w_tness herein, cal Led for eaaminaticn purs -want to
notice and -he Supreme Court Rules as they pertain tc
the -aki
::q c disco-ery depositions before Aana M .
Ciftos, CSR, RPR, and Notary Public in and for the
County of Peoria, and State of Illinois, on Thursday,
September 14-h, 2006, at 416 Main Stree-, Suite 1400,
Peoria, Illinois, commencing at the 1-.our of 7 :00 p .m .
APPEARANCES :
GEORCF
. MUELLER, ESQUIRE
Columbus Street, Suite
Ottawa, Illinois 6135 .
and
JANAKI NAIR, ESQUIRE
BRIAN J . MECINNES, ESQUIRE
E1 '_as, Meginnes, Riffle a Seghett_, P
.C .
416 Main -tree* Suite 14100
Peoria, Illinois
61611
on behalf of the Petitioner
;
DAVID A . BROWN, ESQUIRE
Black, Black & Brown
101 South Main Street
Morton, Illinois 61550
on behalf of the Respondent ;
0 . PCB 06-154
Page 1
PEORIA DISPOSAL COMPANY v . PEORIA COUIITY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
ALSO PRESENT :
Royal Cou-ter,-
PDC ;
Chris Coulter, FCC ;
Matt Counter,
no
Jet- Cou-ter, DC
Pill Atkins
I N P E N
WITNESS
ALLEN MAYER
Exan.ina'_ion by Mr . Mueller . . . .
*EXFIEICS
IDENTIFIED
Mayer Exhibit No .
2'
. . . pg
.
Mayer Exhibit No .
. . pg .
79
-Indicates exhibits were
^
:drawn by Petitioner's
counsel ;
non attached hereto .
. . pg .
Page 2
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOAPD
PCB06-184
ALLEN MAYER
9-14-2006
Q Please .
A These are printout copies of F-maifa
receik ed hN the count\ either through the public
comment link on the counts's'' ebsite or otherv' ise
that they printed out and then gar c copies to
nten)hers of the counts hoard
.
9
M' understanding the Nut For Record on the
trout "as attached because those must htn e conic in
alter the public comment period had been closed
.
Q If I can have them back . So this group of
_ . documents was given to you as a single entity
12 stapled together the way it is now, is that
1 3 correct?
14
A
That is m) recollection .
1 5
Q All right . The first E-mail in this group
F Q So I'm going to assume you are familiar
16 is from Joyce Blumenshine dated April 6th . 2006,
with the format and procedures of a deposition and 1
and that would be after the public comment period,
I . 3 I can dispense with talking about that, is that
1 F the 30-day period closed but still while the
1 9 fair?
19 application was pending, is that correct?
.. U A It has been man''' ears since I last had to
2 U
A
I would trust pour judgment about dates .
21 attend a deposition . So if you 'cant to refresh me .
21
Q Do you know who made the decision to copy
22 that 'could he fine h) me .
2?
these E-mails as a group, staple them together and
•
The basic ground rules are that you must
2 3 distribute them to board members?
keep all of your responses verbal and audible so
24
A No .
Pa ;,e
rage e,
that the court reporter can take them down
. Only
Q Were you involved in the making of that
one of us can speak at a time, and we should wait
decision?
3 for each other to answer before starting to speak,
3
A No .
4 is that fair?
4
Q Do you believe that this packet with the
A Yes . sir .
5
Not For Record page was distributed to all county
•
If you don't understand a question, have me
6 board members?
7
rephrase it, please . I will--otherwise, I will
A I do not kno" .
assume that you understood the question and
Q
Actually, do you even know who it was that
9 intended the answer, is that also fair?
9 distributed this to you?
C
A Yes . sir .
10
A
I do not have a specific recollection .
Q Mr . Maver, before I get into the substance
Q
Do you have a general recollection?
12 of my questions, I have a couple of questions about
2
A l' hat q pe of document nould Iwce been
13 documents that you submitted to the county and were 1 3 something in the count' packet
. Count' hoard
14 produced to us .
14 members get a'ccekh packet from counts
The first set of documents was stapled
1
administration . and it could ha' e conic from that
.
1 b together and has a page on the front that says
. Not
r
Q The county board had a meeting
-- actually,
17 For Record .
1 ,
it was a committee of the whole that met on
1c
A Yes .
I
April 6th, correct?
Q Can you explain what those are and what the
1 9
A That's m) understanding .
20 Not For Record page means and how those documents 20
Q
You were there
.
21 were compiled? That's a compound question, I know
. 21
A
I don't ha' e np calendar in front of me .
A
My understanding of this document is that
22 SO I don't scant to --
23 these arc-- if I can flip through it to make sure
23
Q If you can take it as an article of faith
2.4 this is --
24 that the meeting of the committee of the whole was
go h) (i . Allen Ma)cr . G period Allen Mayer.
•
Let the record show this is the discover)
19 deposition of Allen Mayer taken pursuant to notice,
in accordance with rules and by agreement of the
12 parties .
1 3
Mr
. Mover, you are an attorney licensed to
11 practice in the State of Illinois, aren't you?
1 S
A Yes .
t
Pages 3 to 6
PEORIA DISPOSAL COMPANY V
. PEORIA COUNTY BOARD
PCB06-184
ALIEN
MAYER .
a material "imess herein . being dub worn . "a,
examined and testified as tbllo'cs :
h:XAMINAIION
4
BY MR
. Mt111LI .1-K :
11 I
_,
Q Would you state your full name, please?
t
A Allen . A-L-1 -1[-N
.
Maser . M-A-Y-I'-R .
I also
i
n
Pave
on April 6th and the full meeting of the county
board was on May 3rd, that will probably
expeditate things .
A
I hat would he line .
•
In looking through these E-mails in the Not
For Record packet . I notice that the vast majority
of them are dated April 6th and none are dated
after April 6th and a few are dated in that
period between March 30th and April 6th
.
Is it possible that this was a packet
1
distributed to board members on April 6th before
1
the meeting that was held on that day?
A Ms understanding of sour question is it
11 possible'! Yes . It would he possible . I do not
15 remember whether I receised that prior to that
medmg or subsequent to that meeting .
•
Does my suggestion of that possibility
stimulate your recall in any way as to when you
received this packet?
A No . not realA
•
Also in your packet, Mr. Mayer, were a
number of envelope fronts . When I say "your
packet," I mean the documents that were produced by
the county as having been received from you, fair
Pale
enough?
A
Fair .
•
There were a number of envelope fronts
representing I'm told letters that you did not open
and simply turned in as part of this process .
Those would appear to be letters from
P .W
. Offutt, Lisa Offutt and Diane Storey .
Do you know what I'm talking about? First
of all, if I can show you the group.
A Sure . Could you repeat the question?
•
Well, let me make it briefer
. What do
these copies of envelope fronts represent?
A I would be parroting back what you just
1
told me to answer that question . I turned over
as -- to the c ounty . to our attorneys everything I
had in my files pursuant to your request to produce
documents .
8
There were documents I received that I did
not open or letters . I presume that those are
2 0 copies of those letters .
"'
Q I'm going to venture a guess that you
2
received more letters than these, am I correct?
A Yes .
2 4
Q Then the question is, why were these
9
ALLEN MAYER
9-14-2006
1
unopened?
2
A
Some of those people had contacted me
3 previously either had written or E-mailed or they
4 had testified at the public hearing and I had no
5
interest in reading their letters
.
6
Q Would it be fair to say that their views
7
were well known to you already?
8
A I could guess their views .
9
Q Now, one of the other documents that you
10 provided is something called --
looks like a
11 listing of E-mails in a directory entitled PDC
12 Expansion .
13
A Yes .
14
Q Did I describe it correctly?
15
A
Yes .
16
Q
Is that a directory that you created and
17 maintained as a repository for E-mails that you
18 received regarding the PDC expansion?
19
A
I created this folder within my personal
20 E-mail account to start placing E-mails I received
21 about the landfill expansion . I do not know if 1
22 placed evey E-mail I received pursuant or related
23 to the expansion in that folder
. but in answer to
24 your question,
ves
. I created this so that I
Page
could
10
_ sae L -mails and place then aside .
Q So would it be fair to say that that
listing represents some but likely not all of the
E-mails that you received regarding the PDC
expansion?
7
6
A I know that is correct because I receis ed
other f.-mails that I produced that did not come
from this including personal F -mails from . tin'
9
instance. the secrctat y
-treasurer of the Local
I canister's Union .
Q Now, if you look in the directory or the
listing that's in front of you
--
A Yes .
1
1 4
Q -- there is an E-mail from Karen Raithel,
l :
: is that how her name is pronounced, on May 1st?
6
A Yes .
1?
Q Who is she?
1 R
A Karen Raithcl is an employee of Peoria
19 Counts . She -- I'm not sure of her exact title-
2 0 but she's in charge of our recycling and resources
21 division . solid waste . e t cetera .
22
Q
Do you have a copy of that E-mail from her?
2 s
A Do I still have a copy of that E-mail now .
2 4 is that your question'!
Pages 7 to 10
PEORIA DISPOSAL COMPANY
PEOPIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
•
On your-- first of all, let me do it
another way
. I don't believe that that E-mail from
her was ever produced by the county, at least we
couldn't find it.
So I'm asking you if you still have a copy
and/or if you remember its contents .
A
I have not to my knowledge deleted or
altered any of the E-mails that are on this
9 listing
. So I should still have a copy of that
E-mail
.
My understanding is that just prior to the
May 3rd meeting
. the meeting of the entire county
1- board
. we received documents from Karen some of
which were filings back and forth between the two
parties . I'm sure you remember them even better
1 6 than I do . I do not have a specific recollection
_' of what this E-mail's attachments were .
•
If I can have that back .
A Yes .
•
Assuming that we cannot locate a copy of
that E-mail in the materials the county submitted,
do you have any problem in producing it for us?
We'll look some more
. Maybe we overlooked it .
MR . BROWN : If I could, it may very
:ace 12
well be an E-mail that has-- was involved in
attorney-client communications . and as a result . i t
may be one that was pulled from the document
production
. I could go back and check on that and
maybe we can cut to the chase on that
.
B Y MR . MUELLER :
•
Karen Raithel is not an attorney, is she?
A I don't know her fullback ground
. She's
not an attorney for the county
.
•
You are not an attorney for the county
either, are you?
.0
BY MR . MUELLER :
•
Mr
. Mayer, can you tell us your educational
background??
A Yes .
Q I know you're able to . So would you,
please?
A I will take that as a compliment .
F
Hopefully
. that's the spirit in which it was
9 offered .
1 0
Q Actually, the question about your education
1 i . was not a trick question .
12
A No
. I graduated from the Illinois Math and
13 Science Academy in 1990
. From there . I attended
1 4 the University of Chicago graduating in 199
.3 with
honors .
16
From there . I attended
-- I took a year
off, worked on political campaigns and then went to
1 8 the University of Illinois College of Law
1 `9 graduating in January
-- I can't remember off the
20 top of my head if it was'98, what my formal
21 matriculation or graduation date is . Licensed --
no
. It would have been 1998 was when I was sworn
in because I was sworn in by Justice Heiple
.
•
My condolences.
Page l ;
1
A I'm still not sure it' I'm rcalh a la' Cr .
That was meant as humor .
-
• Taken precisely that way
. I take it then
you have been licensed to practice in Illinois
since 1998 or so continuously?
E
A Correct.
Q Forgive me for asking these questions, but
`
I'm acquired to and there's no personal aspersion
meant.
1 G
Has your license to practice law ever been
disciplined by ARUC?
Pages 11 to 14
PEORIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
A That is correct .
Q So I will ask you again . If we are unable
-
A No .
Q Mr
. Mayer, where are you employed??
to locate that E-mail in the materials supplied by
1 I A I work for the State Comptroller . Dan
the county, will you be willing without a motion to
1
I lines .
compel to turn the same over to us?
I C~
Q
What is your title?
A
I'd be happy to turn that over to our
1- A
Special counsel .
attorneys who can then produce it to you .
1
Q In what city is your office?
MR . MUELLER : Mr . Brown, can we have
1 a A Springfield .
an agreement that we'll have a discussion to
2 C
Q So you typically commute between Peoria and
resolve this, and it will be an issue that's
21
Springfield?
addressed in one way or another by us?
'2 A
That's correct .
MR . BROWN : Yes . definitely
.
23 Q How long have you been employed as special
' 4 counsel for the state comptroller?
ALLEN MAYER
9-14-2006
PcIt
1
A I
had the title special counsel since 2003 .
1
2 I think . I have been employed by the comptroller's
3 office since November of 1999 and have been
4 promoted and they've changed my title a couple of
4
5 times .
6
Q What are your general responsibilities as
7 special counsel?
8
A I have two other titles that cover some of
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E
Q Have you ever been involved as an attorney
9
in a case before the Illinois Pollution Control
Board?
but I hase discussed becomine auditor w ith other
people .
•
Ion have an interest in -- strike that
.
Let me cut to the chase .
Is there anything about the auditor
position or prospective auditor position
. I should
say more precisely . that was ever mentioned to you
by any person in any contest in connection with
your vote or position on the landfill expansion?
A Absolute's not .
•
At the time that Peoria Disposal Company
expressed their intention to file a siting
application, we understand that county board
members were instructed, and that may not be the
best term, but they were instructed in what the
procedures would be and what their responsibilities
would be of the decision-making process
.
Were you involved at all in drafting or
fashioning those instructions or explanations of
procedures?
A No .
•
I take you were a recipient, though, of
those explanations?
A I was a recipient of explanations including
F'ege 18
erhal explanations oft lie count% hoard_ and there
would he other attornes-client communications I
recei' cd . I don't knoss it I'm
-- if] recci%ed
esersthing that Not] may he referring to
. however .
•
Based upon what you learned about the
procedures and the roles of county hoard members,
what was your understanding as to the receipt
of
communications regarding the expansion by hoard
members outside of the hearing process?
A I'm not sure ifl understand sour question
.
hat I think I knoo s+ here
'
\ ou'rc going .
•
'then help me get there .
A I will try
. Being not only a member of the
hoard and reccis ing those communications but an
anornev . I understood that the landfill
proceedings were at least in some ways an
adminisirati'e hearing
. if not a quasi-judicial
hearing . and that my decisions could onls he based
on information contained in the record and that ex
parte communications could not he considered by nie
in arriving at inv decision .
•
']'here have been some board members who have
testified in depositions in the last few days that
they understood the rules regarding ex parte
Pages
15 to 18
PEORIA DISPOSAL COMPANY v . PEORIA
PCB06-184
COUNTY BOARD
A No .
7 .
.
Q You are a member of the Peoria County
12 Board?
13 A Correct .
14 Q When were you first elected?
A In 2004.
15
Q Which means that you are now in the middle
18
.
1 %
of Your first term?
-
16 A Correct .
I . y
20
Q
A
Is it your intention to run for reelection
I honestly do not know .
20
Q We have heard that you are seeking to
21
become the auditor of Peoria County, is that
22
24
correct
A I would take issue with the sorb seeking.
24
the areas that I deal with . I'm the freedom of
information officer for the comptroller's office
.
and I'm the prevailing wage enforcement officer for
the office .
That's -- the prevailing wage title means
that I help enforce the comptroller's executive
14
order on enforcement of the prevailing wage .
In addition to that . I assist the
16
comptroller with, for lack of a better term .
1
special projects including helping him research and
1 F
draft legislation .
19
Q Do you have any responsibilities for
environmental matters of the State of Illinois?
A No .
Q
Do you have any special knowledge gained
2
through your education or employment about 24
: ag- . 16
environmental law or landfills or the landfill
siting process?
A
I'm not sure w hat you mean hN special
know ledge- but helping you cut to the chase
. I took
4
en' ironmental law in law school and pan of that
was a very
. very hriefoser iess of RCRA and CI'RC'A .
C
ALLEN MAYER
9-14-2006
_age 19
communications to be that they were not to express
an opinion as to what they thought but were free to
receive ex parte communications from the general
public .
Was that your understanding?
A
I think that's a crude statement because I
don't think I would say I can rccci' c
communications
: however. I think that members of
the public ma '\ ha'e a constitutional right to
petition their got ernment or communicate with
elected represent' tit Cs .
I understand that as it was an
administratite or a judicial hearing I couldn't
consider things that were not part otthe public
P record in arriving at my decision . Does that
16 ans" Cr your question?
17
Q We're getting there. The public as you
used that term, did that include also the actual
1 9 registered party participants in the hearing?
2 J
A I honestly don't knot' what the legal answer
2 : is to whether-- let me put it this way . I know
22 that someone who's a registered attorney for the
23 parties could not communicate with me directly . 1
24 know that I couldn't have am formal es parte
Page 2C
commtmications tw ith parties to the proceedings
belbre me .
I think it's an interesting question that I
4
hadn't considered until right this moment vwhether
someone wyho might hat c been a member of one of the
groups that was a registered participant how that
\could -- if the) were not representing that part
E what their rights would be
. Its a noycl . legal
9 question I hadn't considered until you just asked
10 the question .
_
Q So if I had gone to you during a recess in
_ the hearing and taken you into a corner and said,
1. 3 Let me give you the real lowdown on some of what
14 you've been hearing, I'm believing that you are
1
5 suggesting that you would have said to me something
'_ 6 to the effect of you're not supposed to be having
1 7 this conversation with me?
19
A At the least .
1 9 Q You, however, did not apply that same
20 standard to Joyce Blumenshine, did you?
21
A Were you implying that she pulled me aside
22 and -- I need 10 make sure I understand the
23 question .
24
Q No
. I'm going to be more precise . You
have produced a number of E-mails that you received
from Joyce Blumenshine?
A Yes .
•
So it's a matter of record at this point
that she engaged in multiple ex parte contacts with
all county board members .
That having been said, did you ever go to
her to discourage her from continuing to make those
contacts?
1 C
A II'l understand y our question . N On mean
after the proceedings had started and we're
~1 receiving those F-mails from Joy cc 13lumcnslone did
.3 I ever contact her in an ey parte huhmn to sat
14 knock it off'
Q Right.
1 6
A No .
1,
Q Whereas, if you'd gotten E-mails from me .
1 0' I'm implying that you would have responded saying,
19 Don't E-mail me about substantive matters anymore?
20
A Actually
. I'm not sure what I would have
21 done if I'd gotten an E-mail from you
. I likely
27 would have given it to Mr . Brown as our attorney
not knowing what to do with an F-mail like that .
•
Now, if Royal Coulter had attached --
Page
approached you or any of his sons in the room with
us had approached you at the hearing and attempted
to pull you into a corner to give you the true
inside scoop on something related to the expansion,
would you have told them you're not supposed to be
talking to me or words to that effect?
A I'll tell you what I told everyone who I
n actually either talked to on the phone or ran into
9 on the street that talked to me about the I'DC
10 expansion which is thin I can only consider things
that are in the record when I make my decision
.
• That's laudable, Mr
. Mayer, but it doesn't
answer the question of whether you would have
indicated to a member of the Coulter family who
tried to approach you in an ex parte way that they
shouldn't be doing something?
A I'm haying--since it didn't happen
. it's
a hypothetical
. I'm not sure what I would have
done . I can tell you what I did do
. I was
contacted by Senator Shadid in a phone call who
said -- or indicated to me he was contacting me on
behalf of Mr. Coulter asking me whether I had made
any commitments. and I indicated to him that I have
not made any commitments . It would he lair to say
6
Pages 19 to 22
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
1 that and let the eon'ersation at that .
Ihat's "hv ['in liarinc a question about it
because I "as not direelk contacted h\ the
C'oullers(
but someone who indicated to me that the .
were representing them contacted me and I told
then
I can onl consider what's in the record and .
no
. I haven't made am commitments .
•
1 ou'ye testified that you understood that
the laysgers
in the proceedings "ere not to engage
in ex parte communications with you . I ou'xe also
testified that you understood members of the
general public to have a constitutional right as 1
think you put it to petition their representatives
.
Are those two statements on m, part so far
fair summaries of "hat \our testimony has been
."
1 6
A
I think so .
•
Then you also said that with regard to
1
nonla",er members of participant groups )ou weren't
certain what our stance was with regard to whether
or not they could engage in ex parte context, is
20
21 that also a fair summar?
2-
22 A Yes .
22
•
Did Day id Wentworth ever talk to you
2 3
substantively about the PD(' expansion before
24
Page
May 3rd of 2006?
A I don't recall discussing it substantively
with him . no .
Q Well, then do you recall some discussion
with him about the application?
6
A Not so much about the application, more
social pleasantry of we'll see you at the [TOO Hall
or things to that effect.
Q So when did you see Mr
. Wentworth outside
of the 1TOO Hall?
A
Well, I first saw him at the first meeting
of the subcommittee where he -- where we were
1 3 discussing rules . I guess . and would have said to
14 hint, Oh, glad to see you here, you know .
1_
Q Do you have a social relationship with
16 Mr. Wentworth?
1?
A I know him socially, yes .
1!s
Q How frequently do you see him on a social
14 basis?
2 0
A Maybe a handful of times a year
.
21
Q Have you been in his home?
A Yes .
23 Q Has he been in your home?
24
A No .
10
10
14
1
16
19
21
22
24
Pa a-
Q When you were at his home, were you there
as a social guest?
A
The orals times I remember being at his home
with him since May 3rd or about the PDC expansion
with him since May 3rd?
A I talked to him after the Mas 3rd s ote in
the parking lot of the I 100 about it
. glad that
it's os ex . He's clad I wits on the committee or lie
Page
"as discussing I think going to Michigan . lie had
a-- I can't remember if it was that vote nom\ or
the April vote that lie had a funeral that lie had to
get to .
•
Have you seen him socially since May 3rd?
A
I has e seen hint at a park where I was at
with a church group
. and he "as at the same park
w ith his kids
. I couldn't tell you w hat date that
"as .
•
Was that just a meeting in passing or were
there substantive conversations between you --
A Meeting in passing .
•
Has Mr . Wentworth talked to you about your
testimony today?
A No .
•
Have you talked to Mr
. Wentworth about your
testimony or about the fact that you were going to
be deposed?
A
I'm trying to remember if in the parking
lot at the VI 00 "e said something about the fact
that . you know . we're "ailing fir the appeal now
and depositions
. but it would hays been that sort
o f statement .
•
Sir, you area member of the Heart of
Pages 23 to 26
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
y were for political events .
Q Has Mr . Wentworth ever contributed toward
any of your campaigns?
A I would hase to check . I le or his wile
R
Inight hame written me a check .
Q
A
Q
Do you consider him a friend?
I consider hint a social acquaintance .
Other than conversations with the substance
1 of see you at the hearing, have you had any other
conversations with Mr. Wentworth about the PDC
14
expansion?
A Prior to May3rd .--
16 Q Yes .
i- A -- the Note?
i F
I don't remember am .
1 `t Q Have you had conversations about the vote
ALLEN
MAYER
9-14-2006
Pa'1
Illinois Chapter of the Sierra Club . is that
correct?
A My understanding is that because I "live
money to the National Sierra Club that I
y
automatically become a member of the whatever my
local chapter is
.
Q Does the local chapter have its own dues
ct ents .
• When did you first become aware that Joyce
Blumenshine was an officer in the Sierra Club local
chapter?
A I don't knots . I can tell soil I knew she
"as active in the Sierra Cluh prior to the PUC
application
. if that helps .
•
Pardon me . I apologize .
Can the court reporter read back the last
answer?
(Record read as requested .)
BY MR. MUELLER:
•
At the start of the hearing process, did
you have more knowledge regarding the level of her
Sierra Club activity?
A I knelt at the start of the application
process that she teas ins ols cd
. She had appeared at
County hoard meetings prior to the actual hCdl ill"'
on the PDC landfill expansion . I beliesc at those
hearings she identified herself as being I}om the
Sierra Club .
•
You understood her to be an official
representative of the Sierra Club?
A Sure .
Page 30
•
At the start of these hearings, did you
understand that the Sierra Club registered as a
party participant?
A Yes
. at the start of the hearings .
•
Did you also understand that David
Wentworth was acting among other things as the
attorney for the Sierra Club during the hearing?
A I knots he teas the attorney in' Peoria
Families . I'd have to go hack and look to sec it
he registered as also representing the Sierra Club .
•
Which Peoria Families are those, sir?
A
You'll pardon me not remembering the exact
name of the group he represented that ssas also a
registered participant .
Q The Peoria Families Against Toxic Waste,
does that refresh your recollection?
A That refreshes ms recollection . 'that's
that I teas referring to .
Q Have you ever seen their website?
A I know I hate since May 3rd . I don't
knoll if f had helbre that .
Q Y'ou also received E-mail communications
from people purporting to be representatives of the
family-- Families Against Toxic Waste, didn't you?
Pages 27 to 30
PEORIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
structure, to your knowledge?
" A Not to my knowledge .
Q Do you receive mailings from the local
chapter in terms of periodic bulletins, newsletters 11
and the like?
~
A Yes .
Q So you know and knew at the time of this
,c
hearing that you were on their mailing list?
13
A Yes .
Q Does the Sierra Club issue indicia of
11
1 membership such as a card or a decal that you can
1
1 9 put on your car window or bumper?
1
a
20 A The National Sierra Club does . I have no
20
2 1 idea if the local chapter does .
2 -_
Q How long have you been a member of the
23
National Sierra Club?
2
A I don't remember
. It's been many years .
It would he at least into the '9th .
Page
Q Do you display any indicia of that
3 membership on any of your vehicles
1 A No.
Q Do you carry a Sierra Club membership card
in your wallet or on your person?
C
A No .
0
y
I I
Q Have you carried such a card in the last
year?
A
I don't believe I's e carried one in the
E
last )ear . I'm IItirly certain when I oas a student
12 I had one . Originally . I joined at some point as a
13
student .
13
1 4 Q Does the local chapter of the Sierra Club
1 4
12 put out a periodic newsletter called Tall Grass
16
Sierrian?
b
1~ A I helievc that's the name.
12 Q When you get those, do you read them?
19
A
Sometimes yes . sometimes no .
19
2 0 Q Mr . Mayer, have you ever attended a meeting
2 ;1
21 or function of the local chapter of the Sierra
22 Club?
22
A To the best of my knots ledge . no . I hate
2 4 not attended any local meetings or outings or
24
ALLEN MAYER
9-14-2006
A I'm Sure I did
.
•
What was your understanding, and maybe you - .
can help us with this, as to who the official
4 representatives were of the Peoria Families Against
4
3
Toxic Waste?
A I'm not sure
"ILO
nm mean hN olhcial .
C
•
Well, we're not sure either. We believe
that Kim Converse was one of them, but I was
wondering whether you had more input than that.
A
I would agree that Kim Converse teas a
11 member or aetk e
. She identiliedhersell'asbeing
from that : and . bexond that. I don't knots who the
12
13 other members arc oreNen how the' re organized .
~_
1 4
Q Did you ever have discussion with Dave
1 4
1 W entworth about that subject and precisely who he
13
16 represented?
16
1 ,
A No . I w ill say at that first meeting "here
1 ~
w e discussed the rules I said something to him
1 F
9 a bout . SO I See \ ou're representing the organized
19
opposition . I think that's the closest I had to a
2 0
eomcrsation about that subject .
2=
•
Let me back up to something . Since you've
22
now used the term the organized opposition, did you
2 5
24 feel that there were different rules that applied
2
Page 32
2
I
to receixing ex park communications from members,
known members of the organized opposition than from
3 the general public at large?
4
A I can't sa' I Thought a lot about the
distinction you're making .
C
Q So the answer to ms question would he no?
e
A Please repeat the question .
-
•
Did you feel that there was a difference in
9 the rules with regard to receipt of ex parte
1
communications from members of the organized
1 C
i 1 apposition as opposed to members of the general
= I
public at large?
A I'd sax two things
. I knot I could unit 1 i
14 consider in making inN decision "hat was in the 1 4
15 record
. but I don't recall seeing am distinction
1
16 in who sent me things or testitied at county board
16
1 - i m eetings . e t cetera .
r
Q
you're the one that used the term ex parte
° first .
2 0
What's your definition of that term as you
20
21 understand it?
21
22
A Outside the presence of the other parties
22
23 or outside the otticial recorded proceedings or
24
ith on l one side's know ledge .
U
1C
•
What is the purpose as you understand it of
the prohibition of ex parte communications in
judicial proceedings?
A To insure a fair proceeding .
•
Shouldn't the decision-maker be able to
ignore ex parte communications to the extent that
there is no reason to even prohibit them?
A I'm not sure I understand the question .
•
Well, if the --
let me do it another way
.
If the prohibition of ex parte communications in
judicial proceedings is to insure a fair
proceeding, does that imply in your mind that even
hearing ex parte material has the potential to
prejudice a decision-maker?
A Not, I think I understand the question . I .et
me explain that I think m\ understanding is of
that
. There would he a different rule between a
judge . a sitting circuit court judge and rules of
cx pane communication there Nersus onk a
quasi-judicial or an administrative hearing one
that is belbre a political hod) . I think a
judge -- there's no right to petition a judge .
•
But you said that you understood your role
as a decision-maker in this case to be to base your
P ss-
decision exclusively on the evidence in the record,
correct?
A Correct .
•
'[hat makes sour function identical to that
of a judge in a judicial proceeding, doesn't it?
A It "cold he fair to say that we might . ''e
being the counts board members
. might also he like
a member olthejun? Iwill pike NOU--
•
\ - es.
A --
an understanding that sometimes ntcmhcrs
ofu jur> are instructed to ignore something that
theV just heard in court
.
•
Actually, there is a vers strong
prohibition ones parte communications with members
ofjuries, isn't there?
A I believe we just saw that in Governor
R> an 's recent trial .
•
So the answer to my question is yes?
A Yes.
•
You're also, I take it, familiar with the
concept of a motion in limine?
A Familiar, but I'm not an expert .
•
The general concept for purposes of this
questioning is that litigants can make motions
Pages 31 to 34
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
jury so that there is a guarantee that they won't
`
even hear the evidence and that they won't have to 4
he instructed to disregard it .
Is that generally your understanding of a
6
motion in limine?
A
I think that my understanding is that that
is one type of motion in limine .
Q All right. It embodies the concept that
there are some things so judicial that a jury
hearing them is tainted even if a judge
subsequently instructs you, the jury, to disregard
1 3
the evidence.
14
MR . BROWN : Is there a question?
1=
16 BY MR . MUELLER :
16
17 Q Are you familiar with that concept?
I
1^
A Yes .
1P
1 9
Q Since you liken the role of the county
i 9
12
11
P 3r ]0
2
outside the presence of a jury to exclude certain
evidence from ever being raised in front of the
I
If you liken the role of the county board
pane
36
to that of a jury and you acknowledge that you were
supposed to base your decisions only on the
evidence, then why did you feel it was appropriate
z
5
to receive potentially prejudicial ex parte
4
communications from members, from everyone other
than lawyers?
A Let me sac two things about that
. One is
E that sse are onh a jurN hN analogs . W c %sere not .
0 in tact. a jury and dillerau rules apple
.
10
"I\k o. the counts and the count\ hoard
1 members were being represented by counsel who I
considered to hacc much great expertise in
1 c
1 3 hearings
. especially landfill hearings . than I did
13
14 N',ho were aware of the tcpe of contacts we would he
10
16 receiving or "ere likclc to reccire
: and based on
16 the instructions that Nce discussed earlier that
'_ 6
1 i
were attorney-client communications
. I didn't feel
16 that be merch receiving and retaining those
1 H
122 d ocuments. a s youi Nc already pointed out some of
19
20 which I didn't even open . I was prejudicing my
20
21 ability to act as an impartial fact tinder and
21
22 decision-maker .
22
23
Q Now, moving on . I think we have pretty
2-
24 much killed that topic .
24
y
A Iairh dead horse
.
•
Now, I'm looking at another document that
you submitted which is a copy of the Tall Grass
Sierrian dated Mav-June . 2006 . volume 34,
Number III, and on the third page of that
newsletter is a short little article at the bottom
entitled, Thank you to the Magnificent 10 by Joyce
Blumenshine . It has sour name in it
.
A (\% itness perusing document .)
•
Do you recall receiving that article?
A Yes .
•
Did you receive that issue of the
newsletter prior to May 3rd?
A I don't hacc a specitic recollection . but
since it sacs magnificent 10 and not magnificent
11
. I'm going to assume 161 our purposes that I
received it before the Ma' 3rd Note .
•
Do you have any social relationship with
Joyce Blumenshine?
A No
. but let me help cut to the chase in
explaining. I belies e her husband is on the Board
of Ilealth with me : although . that's the only place
we e'er see each other . I know that she has been a
political volunteer on other campaigns that I halve
P ; .ye
3u
helped on
. but we have no social relationship .
•
But the two of you actually volunteered in
the same campaign and worked together in that
capacity?
A No . W e% c been -- sac'\ e both been -- I
will say she helped out with Ricca Sloan's campaign
as did several hundred other people including
my sell'.
•
Do you consider her a friend?
A No .
•
Do you consider her a supporter of yours
politically?
A Well . what would you sac if you got a
newsletter --
•
I would say that she would bean my mailing
list if I was running for public office .
Is that a fair statement?
A Well . I'm not putting together your mailing
list and I presume you're not running Jor public
office.
•
I trust then that she's on your mailing
list
A
I don't have a mailing list .
•
When you compile one, she'll be on it .
Pages
35 to 38
PEOP.IA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
board
here as a jury -- to that of a jury, does
2 0
that mean that Mr. Brown is the judge?
21
A I take that as a humorous question .
22
Q That was a humorous comment .
23
ALLEN
MAYER
9-14-2006
4
10
A Ii f ever need to compile a mailing list . I
think she's uhviousl-\ supportise of me . So it
makes sense to include her .
•
Did you ever visit Tom Edwards' website
during these proceedings?
A No
.
•
Did you ever visit a Citizens For The
Environment website?
Not during these hearings_ no
.
Did you visit that afterwards?
Yes .
Mr . Mayer, did you make any telephone calls
to other county board members in connection with
these proceedings?
A No.
•
Did you receive any telephone calls in
connection with the proceedings, and by
"proceedings," I mean the hearings on the
application and the entire decision-making process?
Did you receive any phone calls from Dave Williams?
A No .
•
Did you receive any phone calls from
Brian--from Phil Salzer, excuse me?
A Yes .
A
Q
Q
conversation?
A I know I would have told him
. you know . we
can only consider what's in the record
. I'm prett"
sure at some point I've told Phil it doesn't matter
what way he votes because Coach Salzer is so
popular he doesn't have to worn about anything .
So he needs to make up his own mind .
I don't remember what any of the other
technical questions would have been .
•
Have you spoken on the phone with
Mr . Salzer today?
A Yes . He called when I -- when he got out
today and said it was over
. and then he started to
talk about stuff
. He said they're going to come
after you hard . I think . I said . Don't tell me any
more, just let me call the attorneys . something to
that effect .
•
During the course of these proceedings, did
you have substantive contacts about the evidence
and the decision-making process with any Peoria
County staff members or consultants?
A Yes .
•
With whom?
.A The county administrator, Pat Urich .
Page 4
•
Who else?
A Are we counting our attorneys in that'?
•
No .
A
'Ihe on[\ other staff member I didn't
7
5
consult w ith but had -- no . This would hale been
6 alter May 3rd at the Board off lealth meeting .
Andrea Parka
. the director of health . talked a hit
N
about it .
I actually missed the precious Board of
I lealth meeting because the hearings had run long .
1 I know there was sonic concern about the staff
12 report and her role in it and basically had just
1
told -- not a consultation with her . but at that
14 meeting told the other hoard members that if they
•
Do you remember what your answer to that
1,' had any questions --
Board off lealth members . you
i 6 know . they could ask me about it but that the
17
1
hearings were me'.
Q Did you have any direct communications with
1 9 any of the Patrick Engineering people?
20
A You mean outside ofjust --
_.
Q Yes . Outside of the how's it going today
22 kind of discussion?
A When we were--during the hearings . I
didn't hate an) consultation with them, but as
Page 40
•
How many calls did you receive from Phil
Salzer?
A
Let me say during the time period we would
have been making the decision during the hearings I
would have received numerous calls from him . I
would only think that there might be one or two
that might have been related to PDC hearings .
•
Do you recall the substance of those one or
two calls?
A I know he had some kind of technical
questions about issues
. I do remember him asking
in one of them about whether it was over an
aquifer, something to that effect
. whether the
landfill would be over an aquifer
.
2(
22
question was?
A That
-- I don't remember my exact words,
but I believe what I said was something along the
lines of I expected that to he a bigger issue but
the a pplicant . PDC . i n their modeling and so on is
indicating that it's hydrologically connected but
that they maintain that it's not over the Sankoty
aquifer
.
•
Anything else that you said to him in that
Pages 39 to 42
PEORIA
DISPOSAL COMPANY
v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
Page 43
we're--about the--about the application . I do .
- . however-- another person I would hit' e said
something to would hase been super' isor of
1
assessments. Mail Ryan . because tee were formulating
questions for some of the applicant's experts . and
I asked him about school districts if he knew or it
tee could ask the questions about related to where
school districts were rather than im asking it .
Q When you say we were formulating questions,
i C who was that we?
.
1 _
A As a member of the suhcommittec_ I tcould
12 have been sitting close to . well . front row --
13
Q If you say we as a subcommittee, You've
1
answered my question .
A Subcommittee with the staff because as
16 you'll recall from the hearings staff tee go
1 v through -- it changed somewhat . but there tcould he
1 L~ a presentation by someone. there would be
1 9 questions . you k now . i n a question period . and then
20 staff\could either go before or alter individual
21 committee members .
22
Q Outside of that process, did you have any
23 communication with the Patrick Engineering people?
24
A Not of any thing
,
suhstanlitc to the
P
0
10
•
Who did you receive such complaints from or
how did you become aware of such complaints?
A I know some of the E-mails would hate said
that . I'm to ing to remember if there teas anyone
that said that at the public hearings as well that
E
complained .
•
Did you ever find out who the principal
author of either the first or the second staff
report was?
A No .
•
At the April 6th, 2006 meeting, that's
the committee of the whole meeting, trust me on the
date, there were handed out something referred to
as the purple sheets, the pink sheets and the
yellow sheets . Do you recall those?
1 C - A Yes . I belie% C t ou're referring to the
potential or proposed findings of fact .
18
Q When did you receive the purple, pink and
yellow sheets?
20
A Prior to that meeting . I'm not sure w hat
21 dat . I'm also not sure if I had received hard
cop> --
actually
I'm not et en sure it 'l receited
2 3 an electronic cop) . but when I received it
-- but I
2 4 know it was prior to that April 6th meeting . not
Page 44-
Page 46
1 application, no .
- by many --
h' 24 or 48 hours at most .
Q Who was the principal author of the two
2
Q How did you receive them and who did you
3
staff reports that were released?
3
receive them from?
4
A I don't know .
4
A
M> best recollection is thin the% would
3
Q
Did you have any input into the contents of
-=
hate been delivered to my house prohahh then h' a
6
either of those staff reports?
6 sheriff's deputy or courier staliemploycc .
A No .
- soniebodc trom the count\ .
Q Did you talk to anyone on the staff after
g
Q Do you know if that protocol was followed
9 the first report was received about its contents?
" for all board members?
1 C
A Well . obviously . yes . I questioned -- at
A I do not know
.
11 the public hearing. I questioned Pat Urich about
11
Q Had you ever requested advanced copies of
12 it
. So that's a communication .
12 any proposed alternative findings of fact?
13
Q
I'm talking about outside the hearing
13
A I hadn't requested advanced copies of
context and process .
14 am thing from county stall or anyone else .
A I did have a conversation with Patrick
r.
,r
Q How about from Patrick Urich?
1 6 about -- not about the substance of it. though .
16
A I ie's county stall.
1?
Q Patrick Urich, you mean?
Q Okay . So your best recollection is that
1 8
A Patrick Urich, I'm sorry . Let me explain
.
- ' these were hand-delivered by a county employee to
19 There were complaints that the staff report had
19 your home either 24 or 48 hours before the meeting?
20 come out prior to the end of public hearing and
20
A Yes . but that's
m
recollection . I
21 some people thought that was unfair . and I had had
2_ couldn't -- I can't he 1011 percent certain that
22 a conversation with Patrick Urich indicating that I
22 that's how it yeas delivered . I don't think I was
23 thought they had done the right thing by releasing
23 actually at my home . I think m' 'vile in ight have
24 and giving people an opportunity to comment on it .
24 actually received them at the house.
Pages 43 to 46
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
handed out some pink sheets with regard to
criterion one that you had apparently prepared
4 yourself, is that correct?
A Correct .
•
When did you prepare your proposed findings
with regard to criterion one?
A Between the time we received the stall
9 hinder. however you want to refer to it . and the
-~ afternoon otApril 6th . I seem to recall
11 F-mailing or dcliwering them to Patrick Urich so
12 that they could make copies Im distribution .
13
Q Now, you just referred to something called
1 1 the staff binder .
1 `,
A 13"\ that I meant the -- w hat }on ret'erred to
u a, -- I can't remember the colors . I twe could
17 agree on a term Ior the colored pieces of paper
1'e withtheproposed findingsotlhct .
19
Q Off the record, I will tell you how I
2 0 remember which colors are associated with which
decision .
22
A I'm sure it's humorous .
•
Was there anything else in the binder
24 besides the pink, purple and yellow sheets as to
Page 43
each of the criteria?
A I think there were two copies because there
was whatever 'vas delivered and I think there were
also hinders at our places ww hen we arrive ed at the
meeting. I'm not 100 percent sure of that
. but I
believe there were two copies
.
I know one of those two . and I do not
rememher which one. had an attornew-client
communication in it .
•
You were able to get your entire list of
alternative criterion one findings drafted and into
the hands of Mr . Urich in the short interval
1 3 between when you received the staff binder and the 2 3
14 April 6th meeting?
14
1
A Yes .
1'
16 Q
Do you know, by the way, who the principal
1 h
_
authors of the purple, pink, and yellow sheets
h
16 were?
12
19
A No . 13y that I am assuming you mean the
19
20 ones that we received from count . we being count
20
2
hoard members . received from county staff?
21
22
Q That's correct .
22
23
A I do not know wwho the principal author or
24 authors w ere .
24
P
i9
1
Q Now, at the April 6th meeting, you also
made a motion to incorporate certain findings of
the yellow sheets in with pink sheet findings as to
criterion two?
A Yes .
•
Just so that the record is clear here -- by
the way, I will tell you my understanding is the
purple sheets were the findings that supported
approval without condition, the pink sheets were
the findings that purportedly supported denial, and
the yellow sheets were the findings that
purportedly supported approval with conditions.
A OkaN .
• So you made a motion to amend the pink
sheet or denial findings as to criterion two with
certain findings from the yellow sheets?
A Correct .
•
Do you recall that?
A Yes .
•
And it was a rather lengthy and detailed
motion .
A
I w ill let you characterize it .
•
It's torturous reading, Mr. Mayer, in the
transcript .
Page 50
On April 27th, the county staff--strike
2 the part about the staff.
2
On April 27th, there were fled in the
1 clerk's office apparently another set of proposed
.~ findings which included some findings on criterion
6 two .
Do you know whether those criterion two
findings as fled on April 27th accurately and
u completely reflect the amendments from the yellow
10 sheets that you proposed to the pink sheet findings
11 on April 6th?
12
A Do I know ifthew did?
•
Yes .
A Since I did not tile them . the answer is
no .
• Well, did you -- I presume you must have
received them, the April 27th findings, at some
point in time?
A I would assume that April 27th filing
then is what we had at the Ma) 3rd meeting or in
anticipation ofand consider at the
Ma' 3rd meeting .
I know that there was -- it wasn't with
criterion two . I know there was an issue with
Pages 47 to 50
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
_ate S
Q When the April 6th meeting occurred, you
ALLEN MAYER
9-14-2006
F
criterion three. I helieN e . its compatihilitc
.
_
•
We'll get into that separately
. Let's stay
on criterion two now
.
a
Did you check the April 27th file stamped
findings to make sure as to criterion two that they
6
conformed exactly to your yellow sheet amendments,
6
to the pink sheet findings as done on April 6th?
F
A As I understand s our question . N oti re
F
asking when I got the proposed findings or the
9
motion lot
the Ma' 3rd meeting did I check the
1 1 criterion two proposed findings to make sure they
11
12 eontormed with what I thought tse had done at the
earlier April meeting?
13
•
l on asked the question better than I did
. '_ 4
A I did ret icw them . I don't belies e I
15
1 6 rev icwed them tsord Ibr word
. but I did glance
1 6
1- through them to make sure that what I thought I had
1t
made the motion at the April committee meeting that
~ _
ms intentions with that motion were in the
19
25 Ma' 3rd proposed findings
.
2C
•
How much did you --time did you spend in
2 -
that review or as you say glanced at them? For how
2
23 long did you glance at the criteria two findings to
2 ' convince yourself that they conformed to what you
Fag- 52
1
had tried to do on April 6th?
1
2
A
I will explain that at the April committee
3 meeting, my motion -- and part of the reason it was
4 convoluted it wasn't written out . I had simply
4
5 highlighted I believe yellow sheet findings that I
-
6 thought might apply also in a pink sheet finding
6
7 and I looked at my binder with the highlighting and
B compared that to the sheets that we had gotten for
F
9
the May 3rd meeting
. just look to see that the
9
10 highlighted ones had transferred over
.
1 0
11
Q
To your knowledge, did they?
17
12
A
I believe they did .
12
13 Q
Did you ever give any staff person a copy
13
14 of the highlighted yellow sheets as to criterion 14
15 two at or shortly after the May 3rd meeting to 15
16 help them prepare whatever it is that they
1 r,
17 subsequently prepared?
17
18 A No . I left it to the clerk who is very
10
19 slowly and laboriously going_ through my motion
14
20 since that's the official record .
20
21 Q Which individual was that?
2 1
22
A
That would he JoAnn Thomas who is taking
22
23 minutes who is the county clerk
.
23
24
Q
She was taking minutes of the 24
April 6th meeting?
A Well, she's the county clerk . So she's
going to take-- she wasn't transcribing . That
would have been the court reporters . She would
have been taking -- I don't know
if she would have
been taking minutes . She was trying to Let down
what my motion was .
•
Did you go through with it -- through it
with her again after the meeting to make sure she
got it right?
A
No .
•
So whatever you went through would have
been on the court transcribed record?
A It should be if the transcript is correct .
•
Do you know whether any minutes of that
April 6th meeting exist?
A I believe there are minutes . I believe the
Open Meetings Act would have required that there be
some sort of minutes of it . I don't believe if
transcription counts as the minutes . but --
•
Have you ever seen minutes of the
April 6th meeting?
A I would have to go back and look at what I
received . I think I have seen minutes of the
Page 54
meeting of
both the April and the May meetings,
but --
•
When you --when do you believe you would
have seen minutes?
A
It would have been at a county board
meeting subsequent to the May 3rd . whenever we
would have approved minutes of previous county
board meetings .
•
Would you agree that if no minutes of
either of those meetings were ever approved that
that may be a violation of the Open Meetings Act
with respect to those meetings?
A Actually
. I don't know if that would be a
violation
. Taking minutes is required . I don t
know
if the text of the Act requires the subsequent
approval of the meeting minutes .
•
Would you agree that if no minutes as to
either of those meetings exist that there is no
official written record of what transpired at the
meetings?
A No . We had an official court reporter at
both meetings .
•
So it's your position that the transcript
prepared by the court reporter constitutes the
Pages 51 to 54
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
Paaa
written record of the meeting?
A
You're asking me to make a legal statement
about vvhich I belie'e to be the official one. I
4
don't think I'm qualified to sa) vy hich is the
official .
Q The answer is you don't know
A
A4 'hat the official one is? I don't knovv
g
vyhat Illinois Ia" vvould vas if hoth existed . I
9 don't knovv which one vvould he the . quote/unquote_
1 2 official .
11 Q Assuming that no minutes exist, is it your
12 position then that the transcript of the meeting
13 constitutes the written record of the meeting?
19
A II vvould he to in\ knowledge . the onh
1 5 \yritten record of the meeting other than individual
16
members'
notes or \c hate\ er other unofficial record
e
there might exist .
8
Q Going to criterion three and back to
'_ 9 April 6th, do you recall making a motion in which
A I don't remember the exact form of the
2 motion . I remember exacth what
you're
talking
about because I he Iie\e anotherboard member arid I
4 don't recall off the top of my head vs hich one .
5 \canted to sa) something about population
\\ it h
fi regard to criterion three . and without ha\ ing the
transcripts or its presentation in front of Inc . I
b know that PDC's application or expert had said I
a
thought something about population \\ thi n a
10 distance .
11
It turned out alter\"ards that \ \hat he had
12 talked about vcas zoning within a certain distance
.
13 not population . So m> recollection oas fallible .
1 4
Q Now, I'm even more confused and I apologize
1 5 in advance .
1 6
You apparently moved to add some population
1' :' numbers to the findings on the staff colored
18 sheets, correct?
1
9
A Correct .
20
Q It was your recollection albeit incorrect
21 that those numbers had been presented in
22 Mr. Lannert's testimony, is that also correct?
23
A Yes
.
24
Q
When did you l earn -- first of all, what
ae
2
I population numbers were you talking about?
Regardless of their source, what were the
3 population numbers you were talking about?
4
A I \y as under the mistaken assumption that a
5 chart that I had vagueh rememhered Mr . I .annert
6 having in his power point . vv hich aetuall it cot
hare a cop' of the presentation I could flip
8 through and show you \c here --
ss hat it \\ as that I
9 thought had population and turned out Iiad inning --
I can't remember
. It vs as something ahout the
11 classification oI ion ing within so man' miles oI'
12 the site
.
13 Q So what you're saying is there were no
11 population numbers?
15
A It turns out that there \c ere no population
16 numbers entered into the record .
1 Q Were there some population numbers outside
1 E the record that you were mistakenly referring to on
19 April 6th?
20 you said, Chris Lannert as part of this report had
2 0
A No . l'he onh --the onh other instance I
21 a chart and a map that showed the population within
, 21 remember of population coming up was in the public
22 a mile and five miles and that--so I can't say 1
' 22 testimony day . I know that there were one or
23 would like to add those specific numbers .
23 two-- I vy ill wait for cot to finish
.
24
Do you remember that?
24 Q Go ahead . I'm sorry .
Page 56
Page 58
A During public testimom . the Saturday that
vvc went all day . I recall there being sonic members
of the public who said sonic things about population
and \k hat the population \\a s near other hazardous
VAaste sites .
That's the only other mention of population
that I remember .
Q
How did you learn that the population
numbers chart that you thought you were referring
to on April 6th did not exist in Mr
. Lannert's
presentation?
A l-w„ things . Immediately after that
hearing . staff who ice had asked to insert the
numbers -- and by that I mean counts stall and I
can't remember dour attorney was involved with
that or not -- was flipping through and says_ We
cant find it .
I then v'hen me got the transcripts . the
PD's of the transcripts . did a search through
those . Couldn't find it m\ sell'
. couldn't find it
my self flipping through Mr . I
.annert's presentation
and realized that my recollection was faulty .
Q At the May 6th --or May 3rd meeting,
excuse me --
Pages 55 to 58
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
Page 59
A It's hard to keep the dates straight
sometimes .
Q Not for us. Mr. Atkins makes a statement
4 that the population numbers or figures had not
actually been presented, so they do not appear in
the findings of fact . That is done so that we make
6
sure we are not in any way taking evidence outside
of the record .
8
Do you remember Mr. Atkins' statement in
that regard?
10
1_
12
19
14
1
1
,
I6
I
18
19
2 0
21
23
24
lc
1.7
19
20
21 Q The population of what that you thought
22 Mr. Lannert had testified to?
A People liting icithin the radius of the
24 proposed site . expansion
.
4
5
1
12.1
14
I thought the population was 53,000, and you said
1
r.
that's about the number I remember, what were you
17
referring to in terms of what the 53,000 meant?
18
A Population that I thought Mr . Lannert had
19
testified to which --
20
21
22
4
•
What radius of the proposed site and
expansion?
A Do On mean a distance'
•
Yes .
A I don't recall'that distance I don't e' en
recall exacti' what distances Mr
. Lannert used .
•
Did someone, Mr. Mayer, provide you at any
time with information that 53,000 people lived
within a certain radius of the proposed facility?
A I don't recall an' one telling me that or
contacting me to tell me that, no
.
•
Wasn't that information on the Peoria
Families Against Toxic Waste website Isn't that
where you got it from? That's a compound question .
A
I don't know if it was on the ochsite : and .
no
. I did not Let it front there . As one of your
precious questions indicated
. I t'as responding to
Mr . Salzer's statement t' hen I said . Sure. that
sounds about right .
•
Actually, you didn't say, sure, that sounds
about right . What you said was that's about the
number I remember .
A Okay . I stand corrected or sit corrected .
•
So my question is if Mr. Salzer -- if
Page 52
- Mr . Lannert didn't come up with the 53,000 number,
where did you come up with it from?
A I didn't conic up with it .
•
You expressed on April 6th a recollection
that that was about the number you remembered?
A Apparent[
. I misrememhered because I
thought that Mr . I
.anncrt had a population chart
iclien he didn't . I le onl' had one on zoning .
•
Do you know a David Koehler?
A I do knots Dave Koehler.
•
Who is he?
A The David Koehler I know is the executive
director of PALM and is currently a candidate for
state senate to replace Senator Shadid
.
•
Is he a Democrat or Republican?
A I le's a Democrat .
•
Do you consider him a political ally?
A Yes .
•
Do you consider him a friend?
A Not really .
•
Did he ever express to you his views on
this proposed expansion prior to May 3rd?
A I don't remember him expressing an opinion
about it .
Pages 59 to 62
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
11 A I remember him making a statement about it .
13
es
.
Q Does that mean that the population numbers
1 4 that you referred to on April 6th existed
S somewhere but not in the record?
1 6 A Let me see if t understand our question .
17 Do t ou mean in the platonic sense do those numbers
18 exist? Yes . 01 Course the' exist .
1 9 Q What numbers were you talking about then on
21
April 6th?
A
I thought as I't e explained note I think two
22
or three times that Mr. Lannert's presentation
23 included population numbers when it turns out it
24
"as something invols i ng zoning or parcels or what
1
Page 60
apes of zoning within so man\ miles .
2 Q Do you remember on April 6th saying that
3 you thought the population was 53,000?
4
A I don't recall that . but it it's in the
S
10
record . then I'm certain I said it .
Q
A
Q
What would 53,000 be the population of"
About half theCityol'Peoria .
Would that also be the population of the
area within a certain radius of the proposed
facility?
11
A Again . I'm sure that yon could draft a line
~ ~ "thin so man' -- t hate' cr distance as long as t Oil
.3 don't specilA the distance you can find one that
14
would hate that population within that distance .
13
Q Well, when Mr. Salzer said on April 6th,
ALLEN MAYER
9-14-2006
the vote?
A It "as getting a lot of media attention.
•
Would it be fair to say then that you
perceived that people who voted in favor of the
application did so at their political peril based
upon a perception that the community as a whole was
opposed?
A
the reason it was so interesting is that
there was some strong public sentiment I \could sa'
in opposition . but there were terv powerful or
politicalh important people that were in in or of
it .
For instance . the Chamber of Commerce or
Economic Development tblks_ the Journal Star was
coming out in favor of it . I remember also
discussing how interesting it was that the doctor,
had split from the Chamber and that was politicalh
unusual .
•
You didn't answer my question, though .
A Do I -- repeat the question .
Page 66
•
I think it was as part of the -- or did you
believe that based upon the perception of general
public disapproval that people who voted for the
application did so at their political peril?
A I guess me answer went to what your
definition of political peril was . I think I tried
to express that there were people who were opposed
who obviously sou'd be upsetting . but politicalh
there were also important people that were in favor
of it .
So is' our question would there he people
who were upset and there might he a lot of them if
ou voted N eti? MN answer to that would he y es
.
•
The last time I looked Joe the janitor has
as many votes as the president of the Chamber of
Commerce, right?
A
Presuming they're both registered to vote .
•
So politically speaking, upsetting a lot of
people is typically worse than upsetting a few
important people?
A Sometimes a very small . wen interesting
group of people can actually thwart the will of the
majority and it happens all the time.
•
You've convinced me. I'm going to move on
.
Pages 63 to 66
PEOPIA DISPOSAL COMPANY
V . PEORIA COUNTY BOARD
PCB06-184
Page
o?
Q Without his expressing an opinion about it,
respective views were?
did you know what his views were?
4
A - I hat it "as a 'en politicalh interesting
otc .
Q What was so politically interesting about
A
Q
Did I know?
Yes . Did you know whether he was opposed
or in favor?
e
A As much as I know about Dave, I could guess
t
that he would be an opponent .
Q But to your recollection, he never told you
E
that or anv words to that effect?
9
1 0 A As we're talking here . I recall not a
11 conversation with him prior to May 3rd about
1 2 opposition, but I know there was some effort on the
13 county staffs part to dig up the records from the
original siting or the application from the '80s,
-4
if you recall that .
i 5
e
I believe that his name might have been on
1 6
_? the minutes that they had there about the
i 9
application .
Q
Do you know who Theresa Koehler is?
19
A No .
2u
21 Q Well, then you never had any contact with
22 her if you don't know who she is
.
2
A I don't -- I don't recognize the name
23
24, Theresa Koehler . I'm presuming that since she has
24
Page 64
the same last name that she might be one of his
1
2 daughters . I know it's not his wife because his
2
wife doesn't have the same last name as he does
.
3
4 Q
Now, what's his wife's last name?
4
S
A I don't remember it right off the top of my
5
6
head . I know it's different than his . She's the
6
executive director of Heart of Illinois or the
regional blood services for the Red Cross and has a
6
9 different name .
9
I 0 Q
You almost got that confused with the Heart
2 0
11
of Illinois Sierra Club?
1
12
A Well . no . It's the Heart of America or
12
13 heart of something region of the Red Cross .
1 s
14 Q
Did Matt Jones ever talk to you about the
14
proposed expansion?
.
. .
16 A I'm sure he did .
2 6
1-7 Q
Did he express a view?
2
16
A Whether he supports it or opposes it?
18
19 Q
Yes .
19
20 A No .
20
2'_ Q Did you without his directly expressing it
21
22
know what his opinion was?
22
2s A No .
2J
2 4 Q
So what did you talk about if not what your
2 4
ALLEN MAYER
9-14-2006
Ra
On April--or on May 3rd, immediately
after the motion to approve with conditions was
voted on, Mr . Williams who's conducting the meeting
as chairman talked about the need to approve
findings, and then he said, Motion Allen, in a
6 questioning way as if he knew that you were the one
to make the motion .
My question is, was there anything
orchestrated or discussed in advance between you
and anyone else about the fact that you would be
11 the one to make the motion to approve findings?
1
A At the May 3rd meeting?
Q Yes .
14
A I remember there being some discussion
15 ahead of time that the population numbers weren't
1 o in there and that we needed to make the motion to
1 "t adopt the findings of tact again as--with that
1 , correction in them .
•
Where was that discussion ahead of time?
20
A I think it was a brief discussion right
21 before the vote that evening . and I think that part
22 of the discussion might have been an
2 3 attorney-client conversation about what tte needed
24 to do that evening based on what the previous
6
r
Rage 6R
committee meeting had done .
•
Where did that discussion take place?
A
At the
I100 is m) recollection .
•
Who was present for the discussion that
you're referencing?
A I he attorney-client representation?
•
No . The one that we -- you started your
answer with we had a brief discussion .
Who was present for the discussion you were
referring to?
A I think this would hate been as we came out
from the hack room where we were -- where the
attorneys had talked with us. I think I said
something to Dave or Dave said something tonic
about making a motion to adopt .
•
"Dave" meaning Dave Williams?
A Correct .
I
Q So that discussion took place just between
1 G
the two of you, is that correct?
19
A I'm sorry . I'm pausing . I'm trying to
20
remember exactly what happened that evening because
this teas happening rather quickly just belbre the
22
meeting .
23
I'm sure there would hate been other hoard
24
R oe 04
members right around us as well as staff
; but,
y eah . m y understanding or my recollection is Dave
saving something to me about we have to make the
motion . By Dave. I mean Dave Williams .
•
When you say we needed to make a motion,
who was the we that you refer to?
A
The board
. the comet board .
•
Have you ever been to the PDC facility?
A You mean the landfill?
•
) es.
11 A No .
12
Q
Have you ever been offered a visit?
_ ,
A I don't remember ever being offered a trip
14 or a visit . I take that back . I remember Merle
17
Widmer at some meeting or rather discussing how he
-- 6 had been out to visit that we all needed to go out
there . I don't know if that constitutes an offer .
5 but --
'-°-
Q Why didn't you go out there?
2 0
A Because I don't think I would have -- ]'in
2
not an expert at any of the things that we need
2 experts to testify about and we needed to rely on
2 3 their assertions, not my seeing the site ; and .
24 quite honestly, I have better things to do with my
13
14
15
16
Page 70
21
tree time than t isit the landfill.
Q So you didn't think you could learn
3 anything of value from going to the facility?
4
A I don't think that I could hate learned
any thing that I would hate been able to use in my
E
deliberations .
7
Q And the county had experts to teach you
F
those things anyway, right?
29
A Not lust the county . the applicant I seem
C to recall had quite a tcw experts to describe the
1 thcility and what their proposed application would
look like
.
•
The county staff, actually your experts
recommended in favor of approval, didn't they?
A No . They recommended in favor of approval
with restrictions or with modifications . In fact .
I seem to recall asking -- strike that .
By "experts ." you mean Patrick Engineering?
•
Well, the county staff recommended approval
with conditions, isn't that true?
A Correct . I recall asking at one of the
meetings whether the application as presented by
PDC' would sat is IV criterion t wt and was told no it
did not . and the county stall's opinion satisfied
Pages 67 to 70
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
criterion tsw as presented .
Q When did you ask that?
A
At one of the -- I belie' c at -- either
when staff gase its -- it would have had to have
. .
been when stall gale its presentation on the . their
6 recommendation or at one of the subsequent
meetings
. You can go back and refresh my
_
recollection
.
Q But the county staff did indicate to you
1 C that with conditions the facility would satisfy
111
criterion two?
12
A Thcs indicated that that was their
recommendation that we approve with conditions
.
You'd have to go back and check the transcript to
see what their exact words were .
1 e
Q Am I understanding you to say that the
1, county staffs conveying information to you that
1 F criterion two was -- could only be satisfied with
1 0 conditions was sufficient to vote for denial on
20 that criterion?
--
22
24
4
u
2C
A No .
•
Cindy McLean?
•
A I've heard that she was the mommy.
That would be correct, but you didn't know
her?
A I do not have an\ relationship with her
outside of knowing her from the hearings .
•
Beth Akeson?
A No .
•
Jeff .Akeson?
A No .
•
Tessie Bucklar?
A No .
•
Tom Bucklar?
A No .
•
Kim Converse?
A No .
•
Ted Converse?
A No .
•
Ralph Converse?
A No .
•
Jane Converse?
A
I know who she is from Converse Marketing,
but don't know as I've ever even met her
.
Page
•
1'ou hesitated on Ralph Converse .
A
Because I know
-- I think she's married to
lane --
or he's married to Jane Converse .
•
Bill Cook?
A No .
•
Tom Edwards?
A Tom as you know had --
Q Other than listening to him on the county
board .
A Other than that . I know that in one or both
of a candidate's lbrums when I was running tit
county board in 2004 and then when I ran and lost
in 2002 I think he had asked questions about
environmental issues there . Those would be the
onls times I've dealt withIom .
Q Joyce Harant?
A Yes . I do know her .
Q How do you know her?
A She is (TO of Planned parenthood and she's
also a Democratic committeeman . Since I'm involved
in the Democratic party . I know her From that .
Q
Do you consider her a friend?
A Not realls .
Q
Have you
ever socialized with her?
Pages 71 to 74
PEORIA DISPOSAL . COMPANY V
. PEORIA COUNTY BOARD
PCB06-184
A
Q
No .
Now, let's go through some of the usual
22
rogues gallery of names here that I've been asking 2'-
about, see how many of these people you know, and
24
when
the hearing
statements .
Page
I ask if you know them, I mean other than from
where you may have heard them make
Dr
. Rodney Lorenz?
3
A No .
4
Q
A
John McLean?
I didn't know him before the application .
6
I knew
I heard
I know
think
him during the application process . I think
-- well_ I still don't know him socialk .
he's related somehow to Kim Conserse I
Phil Sulzer told me that .
F'
10
Q
He would be the daddy of Kim Converse .
11
A Thank you th--
1 2
Q Have you met him or with him outside the
13
hearing
context?
14
A No .
Q Dr . Vidas
16
A
Q
No .
Dr . Zwicky?
'-''
A No .
1 +
Q Dr . Parker McRae?
20
A No.
21
Q
Dr. Steven Smith?
22
A No .
23
Q
Dr . McGee?
2 4
ALLEN MAYER
9-14-2006
1
A She and I have both been at numerous
2 political events that we've attended .
3
Q
Has she during the hearings expressed her
4
opinions on the landfill expansion to you?
4
5
A I think she testified during the public
5
6 comment period .
6
7
Q
She did indeed . Other than that, has she
8 expressly given you her view either by E-mail or
9 phone call or one-on-one?
10 A You'd have to go through the E-mails that 1 1 C
11 turned over to vou, and she very well could be in
U
12 there . I don't remember her ever telling me in
12
13 person what her views were before the
13
14 May 3rd vote .
14
15 Q
Lisa Offutt, do you know her?
1
16 A Offutt, no .
16
17 Q Peter Offutt?
1
18 A No .
:6
19 Q Chris Ozuna-Thornton other than being 1 9
20 besieged by E-mails?
2 1
A Other than being besieged by bizarre
22 E-mails . no .
23 Q Elmo Roach .
23
24
A No, but his wife who I assume is the next
24
Page 76
1 one you'll ask about, Jean Roach . I recognize as
2
having some involvement in the local Democratic
3
party, but I don't know her much at all actually
.
4
Q
Mary Harkrader?
5
A Yes .
6 Q
How do you know her?
7
A She's the former county clerk . She's now
8 on the City Election Commission . She is an active
9 Democrat .
10
Q
Do you consider her a friend?
11
A Not really . I consider her someone else
12
that's involved in the Democratic party with me .
13 Q
Cara Rosson?
14
A No .
15 Q
Amy Schlicksup?
16 A No .
17
Q
Bill Scott?
18 A
No .
19 Q
Cathy Stevenson?
20 A No .
21
Q
Diane Storey?
22 A No .
23 Q Barb Van Auken?
24
A Yes .
Q How do you know her?
A She is now the councilwoman from the second
district in the city . helped out on her campaign .
In fact. I signed a letter supporting her. and what
else? She and I were actually on opposite
political sides in the 2004 primary because she was
Barack Obama's coordinator and I was helping my
boss Dan Hines in nn off hours
. I know her from
politics .
•
Do you consider her a friend?
A Not a friend .
•
Mayvis Young?
A Other than testifying to the county h oard .
no .
•
Have any of the people I just mentioned in
the last five minutes ever been in your home,
knocked on your door or rang your front bell?
A Let me clarify because I don't want to
deceive you at all . My current home is at 3300
North Isabell
. I don't believe any of the people
you've just mentioned have been in that home .
However, I used to live -- I moved last,
about a year ago and lived on Ridge Road . and some
of the people that I've mentioned that I'm involved
Page 78
in the Democratic parts \~ ith I'm sure have conic bs
nn house for political events . tundraisers for the
local pan' .
•
Have any of the Peoria Families Against
Toxic Waste or Sierra Club people ever come to your
house to deliver materials or to talk to you about
the PDC expansion?
A No .
•
Have you received any political
contributions from any of these individuals at any
time in the past?
A I'm sure I've received checks from Joyce
I larant and Man Ilarkrader . I don't think Barb Van
Auken has ever made a contribution to m% campaign .
I don't think anvhodv else that you've mentioned
has ever made a contribution to me .
•
Have you ever received any political
contributions from any hospital, medical clinic or
medical service related organization?
A No .
• Have you received any promises from any
hospital, medical clinic or medical service related
organization of political support in the future at
any time in the last year?
Pages 75 to 78
PEGPIA
DISPOSAL. COMPANY v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
•
Mr. Mayer, we have marked for
identification as Exhibit 27 the listing of E-mails
from your PDC expansion folder off your computer
that I previously asked you about .
Just for authentication purposes, can you
=- tell us whether that looks like a true and correct
12 copy of that listing?
_ _
A Yes . but let me clarilc that this isn't oil'
1 4 my computer . This is ot'of a Yahoo account . So
'_5 it's online It's not maintained on mr computer .
16 Q It's your Yahoo account?
17
A Correct .
1 9
Q With that proviso, does it look like a true
7 9 and accurate copy of that listing? We'll tell you
it's an exact copy of what was provided to us by
21 the county .
22
A Yes .
2 3
Q All right
. Then Exhibit 28 is the Tall
24 Grass Sierrian May-June newsletter .
Page 80
Does that look like a true and correct copy
of that?
A Yes .
•
As an attorney, Mr . Mayer, I trust you are
familiar with the concept of burden of proof!
A Yes .
•
What was your understanding about the
burden of proof that Peoria Disposal Company was
subject to in the siting hearing?
A Preponderance of the e'idence .
MR
. MUCI .I .I?R
: That's all I ha' e .
'I hank %ou cery much .
(Further deponent saith not
.)
Pages 79 to 80
PEORIA DISPOSAL COMPANY v . PEORIA
COUNTY BOARD
PCB06-184
Page
1
A No .
MR . M(FLI .I-I :R : Let's take a short
3
break
.
I mar he done
.
4
(Mayer I(shihit Nos . 27 and 28 marked)
BY MR . Mt il:I .LI :R :
ALLEN MAYER
9-14-2006
STATE o - ILLINOIS
SS
COUNTY OF PEORIA
Aana N . Giftos, CSR, RER, and Notary
Public ir_ and for the Coun-y of
Peoria,
State c_`
Illinois, do hereby certify that herretofore, t_o-wit,
on Thursday, September 14t_h, 2006, personally
appeared before me at 416 Main Street, Suite :400,
Peoria, Illinois :
ALLEN MAYER, a material witness herein
.
further certify that the said witness was
by me first auly sworn to testify to the truth, the
whole truth and nothing but the trut- in the cause
aforesaid ; that the testimony then given by said
witness was repc-ted stenographically by me in the
presence of said Hotness and afterwards reduced to
typewriting, and the foregoinq is a true and correct
transcript of the testimony so given by said witness
as aforesaid .
I further certify that the signature cf the
witness was not waived .
I furtn:er
certify that = am not counsel for
nor _n any way relatea to any of the parties to tnis
suit, nor am
. I in any way interested in the outcome
thereof .
In testimony whereof, I hereunto set my
hand and affix my notarial seal or_ this day,
Wednesday, September 20th, 2006 .
Aana N . Clftcs, Certified Shorthand Reporter
(State of Illinois License #(J84-003571)
My commiss.or'
expires 07/24/('% .
OFFICIAL SEAL
AANA M GIFTOS
NOTARY PUBLIC
- STATE OF ILLINOIS
MY COMMISSION EXPIRES:0724107
Page 82
PEORIA DISPOSAL COMPANY
v . PEORIA COUNTY BOARD
PCB06-184
ALLEN MAYER
9-14-2006
Page 83
5 :20 8:8 9:21
13 :10 15 :24 17 :5
18:5 21
:19 22:9
23 :2.24
24
:5.6
25 :11,19.2023
26:13,16.1720
31 :15.1921 32
:4
36:740 :11J
-)
41 :6.14.19
42:8
42:11,16 43 :1 .1 .6
43 :7 44 :9 .11 .13
44:16.16 46:15
50:2 55 :3 56 :3 .5
.9
56:12 57 :1 .3 .10
58:3 59
:11,19
60:7.17 61 :19.21
61
:21 62 :5 .24
63 :1,6.11 .17
64:14.24 65 :4
67:4,10 .23 68:15
69:3.22
71 :24
74:13 76
:1 77 :23
78:6 79 :9 80 :7
Absolutely 17 :10
Academy 13 :13
accordance') :] 1
account 9 :20 79 :14
79 :16
accurate 79:19
accurately 50:8
acknowledge 36 :1
acquaintance
25 :10
acquired
14 :8
act 36
:21 53 :18
54:11,15
13 :10 21 :20 22:8
34
:13 38 :2 42 :9
45 :22 46 :23 .24
54 :13 57 :6 59 :5
61 :20 66 :22 70:13
76 :3 77 :5
add 55 :23 56 :16
addition 15 :16
addressed 12 :22
administration
6 :15
administrative
18 :17 19 :13 33 :20
administrator
41 :24
adopt 67
:17 68
:15
advance 56 :15 67:9
advanced 46
:11
.13
affix 82 :17
aforesaid 81 :9.11
56:11 82 :10
again 12 :13 53 :9
60:11 67
:17 81 :10
Against 30 :15 24
31 :4 61 :13 78:4
3 :8,8,10 67 :5
81
:17 82 :6
ally 62:17
almost 64 :10
along 40 :19
already 9 :7 36 :19
altered 11 :8
alternative
46:12
48 :11
although 37 :22
amend 49 :14
amendments
50:9
51 :6
America 64 :12
among 30 :6
Amy 76 :15
analogy 36 :8
Andrea 42 :7
and/or 11 :6
another 11 :2 12 :22
answered 43 :14
anticipation 50 :21
anybody 78 :15
anymore 21 :19
anyone 44:8 45 :4
17 :13 24:5,6 29:7
29
:16 39:19
43 :1
44 :1 56 :8 63 :14
63 :18 65 :9 66 :4
70:11 .22 72 :6,7
applied 31 :24
apply 20 :19 36 :9
52 :6
approach 22 :15
approached 22 :1,2
appropriate 36:3
approval 49:9.12
54:16 70:14.15.19
approve 67:2,4.11
71 :13
approved 54 :7.10
April 5:16 6 :18 7 :1
ARDC 14:11
area 60:9
areas 15 :9
around 69 :1
arrived
48 :4
arriving 18 :21
aspersion 14:8
assertions 69:23
assessments 43 :4
assist 15 :16
associated 47:20
assume') :
16 4
:8
37 :16 50 :19 75 :24
assuming 11 :20
48 :19 55 :11
assumption 57:4
Atkins 2 :6 59 :3,9
attached 2 :24 5 :8
21 :24
attachments 11 : 17
attempted 22 :2
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PEORIA DISPOSAL COMPANY v . PEORIA
PCB06-184
COUNTY BOARD
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ALLEN MAYER
9-14-2006
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PEORIA DISPOSAL COMPANY V .
PEORIA COUNTY BOARD
PCB06-184
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PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
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PEORIA
DISPOSAL COMPANY
v
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PCB06-184
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ALLEN MAYER
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PEORIA
DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
E-mail's 11 :17
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worse 66 :19
written 9:3 25 :8
I
52:4 54:19 55:1
55 :13 .15
X 2:8
X
Y
Yahoo 79 :14.16
yeah 69
:2
year 13 :16 24:20
28 :9.11 77:23
78 :24
years 3 :20 27 :24
yellow 45
:15 .19
47 :24 48 :17 49:3
49
:11 .16 50 :9
51 :6 52 :5,14
204 1 :15
2446 :1,19
27 2:14 79:4,7
27th 50 :1,3 .8 .17.19
51 :4
7
79 2 :14.15
8
80 81 :9
80s 63 :14
9
90s 28:1
98 1320
ALLEN MAYER
9-14-2006
Page 96
PEORIA
DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
1998 13:22 14:5
6th 5:16 6:18 7:1 .7
1999 15 :3
7 :8 .9.11 45 :11,24
2
4947:1
:1 .104850
:11
:1451
:7
200220th8274:17:13
5255:19
:1 5357:1:19
.16.2258:10
2003
2004
1516:15
:1
74:12
6058:23
:2.15
5962:14:4.20
Young 77 :12
28 2 :15 79 :4.23
Z3
Zwicky
zoning6257:8:11 567259:12
:18:24
5760:9:1
3rd3
26225:11
7:15:5 :2
8130.2011:9:20:12
.21
37
.2224
:13
:1
37:17 42:6 50 :20
#084-00357182:22
5052:9,15
:22 5154:10:6.20
0
58 :23 62 :22 63 :11
06-1841 :5 81 :5
67
:1 .12 75 :14
07/24/07 82 :22
30th 7:9
30-day 5 :18
I
3300 77 :19
1st 10 :15
34 37 :4
11011004610:00
3711:22:7:12:21
.1548:5
416
48461:1:12,18
.194
82:5
19901400
11371481-914th11:1613:12
:12:13.18
82:482:5
53,000528
611:8
:156260:15:3.6.16.18
1993 13 :14
6
2006
77 :61
:12 5 :16 24:1
6155061350
11
:22:16
3781 :445:20
82:11 :4.1781
:9
61602 1 :19
Exhibit
4
9/27/06 Thomas O'Neill
CondenseIt' T°
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 1 - Page
4
Page 3
INDEX
In as O'Neill
9/27/06
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
2
3
WITNESS :
Page
4
THOMAS O'NEILL
Examination
by Mr . Muellsr 4
5
6
PEORIA DISPOSAL COMPANY,
Petitioner,
ORIGINAL
P
9
10
EXHIBITS :
I
No
. PCB 06-184
1
PEORIA COUNTY BOARD,
1
Respondent .
1
EXHIBIT 30
22
Peoria Journal Star Article
16
THE DEPOSITION of THOMAS O'NEILL, a witness
herein, called for examination pursuant to notice and
depositions
the Supreme
before
Court Rules
Angela
as
Mthey
. Jones,
pertain
CSR,
to
RPR,
the
and
taking
a
of
ENCLOSEDDISK
Notary Public in and for the County of Tezewell, State
of Illinois, on Wednesday, September 27, 2006, at 416
Main Street, Suite 1400, Peoria, Illinois, commencing at
the hour of 1 :00 p.m .
21
23
APPEARANCES'.
Page 2
Page 4
GEORGE MUELLER, ESQUIRE
528 Columbus Street, suite 204
1
(Witness sworn .)
2
THOMAS O'NEILL,
4
3 called as a witness, after being first duly sworn, was
Ottawa, Illinois 61350
5
4 examined and testified upon his oath as follows
:
and
6
JANAKI NAIR, ESQUIRE
BRIAN J . MEGINNES, ESQUIRE
5
EXAMINATION
6
7
BY MR. MUELLER :
Elias, Meginnes, Riffle t Seghetti, P .C .
416 Main Street, Suite 1400
7
8
Q
State your name, please .
Peoria, Illinois 61602
On Behalf of the Petitioner ;
8
9
A
Thomas H . O'Neill .
DAVID A . BROWN, ESQUIRE
9
Q Mr
. O'Neill, I'm going to ask you some
Black, Black 4 Brown
10 questions today about the
PDC landfill expansion
Morton,
101 South
Illinois
Main Street61550
11
application and process that the County Board went
On Behalf of the Respondent .
12 through
. Have you ever had your deposition taken before
15
13
in any case?
14
A No.
16
15
Q Let me give you
a couple ground rules .
ALSO PRESENT
:
16
Number one, everything that is said in this
ROYAL COULTER, PDC
17 room is being taken down by a court reporter, so it's
CHRIS COULTER, PDC
18 important that only one of us talk at a time
. And that
20
19
means if you would wait for me to finish my questions,
20 I'll wait for you to finish your answers so that we
21 don't talk over each other. Is that clear?
22
A Okay .
23
Q Additionally, nonverbal communication such
24
as gestures cannot be taken down, so we have to do
9/27/06 Thomas O'Neill
CondenseIt'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v . PCB
Page 5
- Page 8
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everything with words
. Is that clear?
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II
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hand out the work to my workers, you know, when we get
A
calls in on streetlights or signal lights or buildings
.
Q
A
Q
Yes .
You understand that you're under oath?
Yes .
If I ask you a question and you answer it,
Q You mainly work in an office then, or are
you out at job sites most of the time?
A
Q
correct?
A
Q
unit?
A
Q
A
Q
I'm mainly out and about .
In a supervisor's capacity, though,
Yes
.
Are you a member of a collective bargaining
Yes.
What collective bargaining unit is that?
IBEW Local 51 .
And how long have you been a member of the
I'm going to assume you understood it . Is that fair?
A
Q
A
Q
A
Q
Yes .
Mr . O'Neill, what is your address?
4908 West Wanda
.
In Peoria?
Yes .
And how long have you lived at that
address?
A
27 years .
Q And who do you live there with, sir?
A My wife .
Q Any children in your home still?
A No .
Q What is your educational background?
A High school, then a four-year electrical
Electricians Local 51?
A
Q
A
Q
51, since I've been with the City .
How long have you worked for the City?
About 23 years.
So you've been with the union the better
part of your life?
apprenticeship program .
A
Q
A
Q
Yes .
Is your wife employed?
Yes .
Where does she work?
Q Let me go back for a second, your address
.
What is your home telephone number?
A 697-9546 .
Page 6
Page 8
1
Q Do you have a cell phone?
1
A
Illini Bluffs Unit School District .
2
A
Yes .
2
Q And what does she do for them?
3
Q What's that phone number?
3
A She's a teacher .
4
A
645-2157
.
4
Q Would she be a member of the teachers
5
Q Do a lot of people have your cell phone
5 union? I believe it's the Illinois Education
6 number?
6 Association .
7
A Just friends mainly and work . It's a work
7
A Yes, she would
.
8 phone .
8
Q How long has she been a schoolteacher?
9
Q Do you have an e-mail address other than at
9
A I believe 16 years . I'm not sure .
10 the County Board?
10
Q Do you and your wife have any adult
11
A Yes .
11 children?
12
Q What is your e-mail address at home?
12
A Yes, we do .
13
A My wife and I share one
.
13
Q Any that live in the Peoria area?
14
Q And what is that?
14
A
Yes .
15
A
togo789 at
aol.com .
15
Q What are their names, and where do they
16
Q Where are you employed, Mr
. O'Neill?
16 work?
17
A City of Peoria .
17
A Thomas IV is a fifth-year plumber
18
Q Doing what?
18 apprentice working for Dries Brothers Plumbing, and
19
A Signal electrician, lead electrician .
19 Andrew M . went through the electrical apprenticeship as
20
Q And how long have you been employed for the 20 an electrician for Keener Electric .
21 City of Peoria?
21
Q So both of them are going to be union
22
A 23 years .
22 workers in the future?
23
Q What are your general duties in the job?
23
A Correct .
24
A General duties are to take in calls and
24
Q Mr
. O'Neill, you are a member of the Peoria
9/27/06 Thomas O'Neill
Condenselt'T'`
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 9 - Page 12
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to
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2o
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County Board?
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Q
A
Q
Page 1 I
And other different union trades as well?
All I knew was the Teamsters .
You're aware that the Teamsters at least
A
Q
A
Q
A
Q
A
Q
Yes .
And when were you first elected?
I was appointed in '93 .
To fill an unexpired term?
Yes .
And when were you elected after that?
'94 .
That means you would have been re-elected
supported the PDC expansion application?
A Yes .
Q What are the approximate boundaries of your
district?
A Village of Bartonville, Limestone Township,
west from like the airport, west to Lake Camelot,
including Limestone Township in Lake Camelot, and then
down towards the river and Hollis 1 .
in '98 and 2002?
A
Q
times?
A
Q
A
Q
A
Q
That's correct .
Did you have opposition either of those
Yes .
In the primary or in the general election?
In the general .
You are a democrat, correct?
Correct .
What was your margin of victory in your two
Q How much money has your campaign spent so
far on your re-election?
A This year?
Q Yes .
A 400 .
Q 400,000 or --
A Dollars.
Q Pardon me?
A $400 .
Q $400 . And how much more do you intend to
races where you had opposition?
A
35 .
Q
I don't remember. Somewhere around 65 to
Can you give me an idea of what the total
spend before the election?
A I'm not sure .
votes cast in your district were in your last election?
Q Do you know how much money your campaign
IA
Page 10
No .
1
Page 12
has raised by way of donations and fund-raisers for this
2
Q You have opposition this time, correct?
2 re-election?
3
A Yes .
3
A Yes .
4
Q Who is your opponent?
4
Q How much?
5
A Mike Tietjen .
5
A 2 grand .
6
Q Did he express an opinion about the
6
Q So you've got about 1,600 in the war chest
7
landfill expansion during the time that the application 7 right now?
8 was still pending?
8
A No . There's a bill outstanding I haven't
9
A I wouldn't know .
9 paid .
10
Q
When did he become your opponent?
10
Q What's that for?
I I
12
A
Q
I guess the primary
.
So back in March?
I l
12
A
Q
That was for the food for the fund-raiser .
Do you have a re-election committee?
13
A (Nodding head up and down.)
13
A No .
14
Q You're unaware of whether he campaigned on 14
Q So you don't -- do you have a finance
15 a pro- or anti-landfill expansion platform?
15 chairman of your re-election campaign?
16
A I wouldn't know how he did .
16
A I have a finance chairman .
17
Q No one ever told you what his position was?
17
Q Who's your finance chairman?
18
A No .
18
A Steve Chitwood .
19
Q
Now, you're aware that PDC employs a number 19
Q And where does he live?
20 of union workers?
20
A East Peoria
.
21
A Yes .
21
Q
Now, at the time that this application was
22
Q
Significant number, for example, of
22
filed, had you ever been to view the Peoria Disposal
23 Teamsters?
23
Company landfill?
24
A Yes .
24
A Not recently .
9/27/06 Thomas O'Neill
CondenseIt'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 13 - Page 16
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Q Have you ever been out there?
A Yes
.
Q When?
A Years ago .
Q For what purpose?
A I can't remember . I think it was Leiter
Electric I did the work for. They did a garage or
something out there .
Q So you were out there in connection with a
job?
A Yes .
Q Do you know any members of the Coulter
family personally?
A
No .
Q Has your district been shifted or
redistricted in the last couple of years?
A Yes .
Q When was that?
A I believe it was 2002, 1 believe .
Q Was it after the last election or before
the last election?
A It was 2002 because some County Board
members had run in '04, and then all of us that are odd
numbers had to run in '06 .
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transformers . Have you ever been around -- had to work
with transformers where there were issues with, you
know, mercury escaping or getting onto people?
A
Q
lead?
A
Q
Not that I know of
.
Have you ever had to work with or around
Not that I know of.
In your work as an electrician, have you
had any training in working around hazardous materials?
A No .
Q From November 9th, 2005, through May 3rd,
2006, did you receive communications from various
members of the public and certain groups regarding the
landfill application?
A Yes .
Q First of all, Mr . O'Neill, what was your
understanding of whether or not you were supposed to
receive communications from outside of the hearing and
what you were supposed to do with those?
A At that time --
Q Yes, at that time .
A At first, I know we took them in, and then
1 was -- told people that I never read them after that .
Q We've had other County Board members
Page 14
Page 16
1
Q So this is your first race for re-election
I testify that they were told or at least they understood
2 with your new district boundaries?
2 that they were not to express their opinions about the
3
A Yes .
3 expansion but were free to listen to and consider the
4
Q And what were the major changes in your
4
opinions of others that would come to them . Was that
5 district boundaries?
5 your understanding as well?
6
A They took away some districts to the
6
A Yes .
7 north -- some area to the north .
7
Q And when did you first gain that
8
Q Did they give you any other areas instead?
8 understanding, if you can remember a time frame?
9
A They added some in the Village of
9
A I don't remember .
10 Bartonville and took some away -- or some away in the 10
Q
To your knowledge, did you try to follow up
11 Village of Bartonville .
11 in accordance with that understanding and be faithful to
12
Q In your view, how would that have changed
12 it?
13
the democrat/republican balance in the district in terms 13
A Yes .
14 of numbers of registered voters?
14
Q Did you receive e-mail communications --
15
A
I don't know .
15 and in your case, maybe we can talk about two different
16
Q Based upon your employment, do you have any 16 time periods, period of November 9th through April 6th
17
special knowledge about hazardous materials?
17 and the period of April 6th through May 3rd, April 6th
18
A No
.
18 being the date that there was the first Committee of the
19
Q Have you ever had to work with asbestos?
19 Whole vote. Do you remember that?
20
A No .
20
A April 6th?
21
Q Have you ever had to work with lead or
21
Q Right .
22 mercury?
22
A Yes .
23
A No .
23
Q Before that time, had you received e-mails
24
Q I know mercury is a component of
24 from people regarding the expansion?
9/27/06 Thomas O'Neill
CondenseIt'
*'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 17 - Page 20
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Page 17
I believe so.
Did you receive them both at home or just
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Page 19
say you got?
A I don't know
.
at your county e-mail?
Q Did you keep them all, or did you throw
A
Q
sir?
A
Q
A
Q
Just through the county.
And what did you do with those e-mails,
I gave them back to the county .
You turned in everything that you got?
Uh-huh .
Was there some stuff you would have just
some away?
A After -- I turned some in ; and after that,
I shredded them .
Q Did you read them and then shred them, or
did you shred them without reading them?
A I shredded them without reading them .
Q And why did you stop reading the letters?
erased when you got it?
A Because I just didn't want any more
A
Q
A
Q
A
Q
Erased?
Hit the delete button on the e-mail .
I got it all in print form from the county .
The county printed your e-mails out?
Yes.
You never went to the county and checked
information on it .
Q You thought you had enough information
already?
A No.
Q Do you remember when it was that you
started shredding the letters?
your own e-mails?
A It was after I turned them in to the
A
Q
I never do.
Do you know who at the county prints out
State's Attorney's Office, what I had before .
Q When did you turn what you had before in to
your a-mails and gets them to you?
the State's Attorney's Office?
A
Q
No.
Do you remember getting any from Joyce
A I don't know.
Q Would that be in June of this year or while
Blumenshine?
the application process was still going on?
Page 18
Page 20
1
A
I may have, but I don't know .
1
A I don't remember.
2
Q
Do you know Joyce Blumenshine?
2
Q How many times did you turn letters in to
3
A
Just through the meeting .
3 the State's Attorney's Office?
4
Q So you know who she is?
4
A One time .
5
A I know who she is .
5
Q Did you receive telephone calls between
6
Q
You don't know her from outside the
6 November 9th and April 6th regarding the landfill?
7
meeting?
7
A Yes.
8
A No.
8
Q
Do you remember any particular individuals
9
Q
Ever had any contact with her outside of
9 that you would have received calls from?
1o the landfill meetings?
10
A No.
11
A No .
11
Q Do you remember if you received any phone
12
Q
Ever had any contact with the Sierra Club
12 calls from Joyce Blumenshine?
13 outside the landfill meetings?
13
A Not that I know of.
14
A No .
14
Q Did you receive any from Tom Edwards?
15
Q Have you ever been to a Sierra Club
15
A No phone calls -- oh, I did. I'm sorry .
16 activity?
16
Q You did?
17
A No.
17
A He left it on voicemail . I never called
18
Q
Ever gotten any money from them or given
18 him back .
19
them any money?
19
Q
Did you receive any from Kim Converse?
20
A No.
20
A No.
21
Q Did you get letters at your home from
21
Q Did anyone ever come to your house
22 people between November 9th and April 6th?
22
regarding the landfill expansion case?
23
A Yes.
23
A No.
24
Q Approximately how many letters would you 24
Q Mr. Edwards never came to your house?
9/27/06 Thomas O'Neill
CondenseIt t*'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 21 - Page 24
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A No.
Q He visited a lot of other board members .
1
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Q
Page 23
This has been marked as Exhibit Number 30
.
You appear to be familiar with it?
You should feel left out
.
Did you ever look at any websites that were
put up by the Peoria Families Against Toxic Waste or the
Sierra Club or Tom Edwards?
A
Q
Yes .
All right . Is there something you want to
say about the article based upon your familiarity with
it?
A I never went to any websites .
Q Did you see yard signs opposed to the
A
Q
What's printed is not what I said .
That's what I was getting at . Your
landfill in your district?
A I believe I may have seen a couple.
Q How many would you say that you saw?
A No more than a handful .
Q Did you see yard signs in other districts?
A Yes, I did .
Q How many would you say you saw in other
position is you were misquoted?
A Yes, it is
.
Q What did you say?
A She asked if I was contacted by
constituents, and I told her, "Yes."
And she asked me
if that changed the vote, and I said,
"No."
Q What you specifically are quoted here of
districts?
A Quite a few, but I don't know how many . I
saying is, "I probably would have voted yes again but
voted for the wishes of my constituents that put me in
office ." Is it your testimony that you never told the
reporter that statement?
never counted .
Q Were there any anti-landfill billboards in
your district?
A Not that I know of.
Q Do you have any notes of any telephone
A I don't remember it.
Q You don't remember it, meaning that you may
have told her but forgot that you did?
calls you would have had with anybody about the landfill
application?
A I don't remember saying that .
Q Do you remember not saying that?
Page 22
Page 24
t
A No .
I
A No .
2
Q As you sit here now, can you remember any
2
Q Well, if the reporter were to testify under
3 specific individual who called you regarding the
3 oath that you, in fact, did say to her, "I probably
4 application?
4 would have voted yes again but voted for the wishes of
5
A No .
5 my constituents that put me in office," would your
6
Q Now, did you understand that part of your
6 position be that she was lying?
7
job in making the decision was to represent the wishes
7
A I wouldn't know
.
8 of your constituents?
8
Q You did vote yes on April 6th, correct?
9
A
No .
9
A Correct .
10
Q What did you understand your job was?
10
Q And you voted no on May 3rd?
11
A I felt to do what I thought was right
.
I 1
A Correct
.
12
MR. MUELLER
: What's our next exhibit
12
Q And I remember being there on May 3rd . It
13 number?
13 seemed to me that you hesitated quite a bit when your
14
MS
. NAIR : 30 .
14 name was called and paused before your vote
. Do you
15
MR . MUELLER : Let's mark this as 30 .
15 remember that?
16
(Exhibit 30 marked for
16
A Yes .
17
identification .)
17
Q If you did not change your vote between
18
BY MR . MUELLER :
18 April 6th and May 3rd based on the wishes of your
19
Q Mr. O'Neill, I'm going to show you a
19 constituents, what other information did you get between
20 portion of -- actually, it's an article from the Peoria
20 April 6th and May 3rd that you considered on May 3rd?
21 Journal Star dated May 5th, 2006, in which you are
21
A There wasn't .
22 quoted by the author of the article . Have you ever seen 22
Q And you also made the statement, "After
23 that before?
23 that vote, I had so many phone calls and neighbors come
24
A Yes, I have.
24 to me and ask me what I was thinking." Did you make
9/27/06 Thomas O'Neill
Condenselt'T`
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v . PCB
Page 25 - Page 28
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that statement?
I
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Page 27
How much of it would you say you read?
I don't remember.
There were actually two staff reports . Did
A
Q
I made that statement
.
How many phone calls did you have after
April 6th and before May 3rd?
you read parts of both of them or just one?
A
Q
A
Q
A
Q
I wouldn't know. I never counted them .
Would it be more than 20?
No .
You said you had neighbors come to you?
Yes.
How many neighbors personally came to you
A
Q
Parts of one
.
Did you ever receive any fliers or
pamphlets in the mail or at your house with regard to
the landfill application?
A
Q
Not that I remember.
You knew that the staff had recommended
between April 6th and May 3rd?
approval with conditions, correct?
A
Q
A
Q
A
Q
Two .
Do you remember who they were?
Yes.
And who are they?
Steve Heath and Judy Duncan .
You also told the reporter that your first
A Correct .
Q So, as I understand it, Mr . O'Neill, the
only information you had to base your decision on in
this case would have been a partial reading of one staff
report and whatever e-mails, letters, and phone calls
you got ; is that correct?
vote was based on the county staff report, at least she
reports that you said that . Is that true?
A First part's correct. I never really read
many of the e-mails or the mail .
A
Q
Yes.
Did anything in the county staff's
Q Well, was there any other information that
you had which you considered in making your decision
recommendations change between April 6th and May 3rd
besides the one partial staff report?
that you considered?
A No.
A No.
Q Was there
-- do you remember any specific
Page 26
Page 28
1
Q Did you get any additional information that
I information that you received between April 6th and May
2 you considered between April 6th and May 3rd?
2 3rd that you did not consider?
3
A No, not that I considered.
3
A
No.
4
Q
Keystone is in your district, correct?
4
Q What was the basis of your hesitation on
5
A Correct
.
5 May 3rd?
6
Q You're aware that they're a major user of
6
MR. BROWN :
Objection
. The question goes
7 the PDC landfill?
7 into the mental processes and decision-making of the
8
A I wasn't at that time .
8 County Board members, and that's not --
9
Q When did you become aware of that?
9
MR. MUELLER : withdrawn .
10
A Later .
10
MR. BROWN : Thank you .
I 1
Q Meaning after the hearings were over?
11 BY MR. MUELLER :
12
A I don't remember when I got that .
12
Q Do you know anything about an organization
13
Q
How many of the hearings did you attend?
13 called River Rescue?
14
A
Just the April 6th and May 3rd .
14
A I've heard of them .
15
Q
So you didn't go to any of the hearings in
15
Q Do you know who's in charge of them?
16
February?
16
A No.
17
A No.
17
Q
Do you know about an organization called
18
Q Did you read the transcripts of the
18
Citizens for Our Environment?
19
February hearings?
19
A No.
20
A No .
20
Q Ever heard of an organization called Peoria
21
Q Did you ever read the siting application?
21 Families Against Toxic Waste?
22
A No.
22
A
I heard about it
. Yes .
23
Q Did you read the county staff report?
23
Q
Do you know who's in charge of that
24
A Not all of it.
24
organization?
9/27/06 Thomas O'Neill
CondenseIt"
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 29 - Page 32
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A
Q
No, I don't.
(Mr. Meginnes temporarily exits the
deposition suite .)
Have you ever been at a meeting at the
Page 29
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A
Page 31
No.
Do you know Bill Cook?
I know Bill Cook from the K of C Club, but
I don't --
Universalist Unitarian Church?
Q What club is that? Knights of Columbus?
A Knights of Columbus, uh-huh .
Q How often do you go to the K of C's,
A
Q
No, I
haven't.
Have you ever been at a meeting at
St. Thomas Church?
Mr. O'Neill?
A
Q
No, I haven't .
Have you ever received any campaign
A Oh, I don't know. A few times a month
probably .
contributions or assistance from any medical clinic,
hospital, or doctor?
Q Did anyone at K of C's ever give you any
communication or expressions of opinion regarding the
A
landfill expansion?
Q
No.
Do you know anyone on the staff at
A No.
Methodist Hospital?
Q Did you ever talk about the expansion with
A
Q
A
Q
No.
Do you know anyone on the staff at aSF?
No.
Do you know anyone in the Peoria Medical
anyone while you were at the K of C's?
A
Q
A
Q
A
Q
No, I didn't
.
Do you know a Joyce Harant?
Yes.
How do you know her?
Through the Democratic Party .
Did she ever express an opinion to you
Society?
A
Q
No.
To your knowledge, do you know or have you
or any family members of yours ever been treated by a
Dr. Rodney Lorenz?
about this application before your vote?
A
She wrote a letter, but I didn't read it .
1A
Page 30
No.
1
Page 32
Q She wrote a letter to you?
2
Q How about Dr. John McLean?
2
A Yes
.
3
A No.
3
Q
How do you know if she wrote a letter if
4
Q Dr. Vidas?
4 you didn't read it?
5
A No.
5
A Her name was on the return address . I
6
Q Dr. Zwicky?
6 assumed it was a letter.
7
A No.
7
Q Did other board members ever call you to
8
Q
Dr. Parker McRae?
8 express an opinion or
try
to convince you about how to
9
A No.
9 vote?
10
Q
Dr. Steven Smith?
10
A No, they didn't
.
II
A No.
11
Q
Did any other board member ever talk to you
12
Q A Dr. McGee?
12 in person about how they would like you to vote?
13
A
N0.
13
A No, they didn't.
14
Q
Dr. Jeff Akeson?
14
Q Would that include Dave Williams?
15
A
No .
15
A Yes.
16
Q
Do you know a Beth Akeson?
16
Q Do you know a Lisa Offutt or a Peter
17
A No .
17 Offutt?
18
Q Do you know a Tessie Bucklar?
18
A
No.
19
A No .
19
Q
Do you know Chris Ozuna-Thornton?
20
Q
Do you know Tom Bucklar?
20
A No.
21
A No.
21
Q Do you know Elmo Roach or Jean Roach?
22
Q Do you know Kim or Ted Converse?
22
A No.
23
A No.
23
Q
Do you know Cara Rosson?
24
Q Do you know Ralph or Jane Converse?
24
A
No.
9/27/06 Thomas O'Neill
Condenselt rT'r
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 33 - Page 36
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Page 33
Q Do you know Amy Schlicksup?
A No .
Q Do you know Bill Scott?
A No .
Q Do you know Cathy Stevenson?
A
No
.
(Mr. Meginnes returns to the
deposition suite .)
Q Do you know Diane Storey?
A No .
Q Do you know Beth Van Auken?
A No .
Q Do you know Mayvis Young?
A No .
Q Do you know Barb Van Auken?
A Yes .
Q How do you know Barb Van Auken?
A Through her being on the City Council and
I
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Page 35
between April 6th and May 3rd that you can remember
specifically?
A Not people. I mean, I can remember
different people saying I changed the vote, but I don't
remember who .
Q What do you mean you can remember different
people saying you should change your vote?
A No, they didn't say I should . They asked
why I did, and I said it was my opinion .
Q Did Allen Mayer ever talk to you about your
vote?
A No . I never talked to Allen about my vote .
Q Because you didn't go to any of the
hearings or read any of the transcripts, did you ask any
other board members for information about the
application?
A No
.
Q Did you ask any of the other board members
myself being on the County Board .
what their opinion on this thing was?
Q Did she ever express an opinion to you
about this?
A
Q
No .
Are you at this point in time interested in
A
No .
MR. MUELLER : Let's take a short break .
(Recess in proceedings from 1 :40 p .m .
becoming County Board chairman if you get re-elected?
A I'm interested in it .
Q Did anyone ever talk to you about how your
Page 34
Page 36
1
to 1 :47 p .m .)
1 vote on the landfill expansion would affect your wanting
2 BY MR. MUELLER :
2 to become County Board chairman?
3
Q Mr . O'Neill, do you remember seeing an
3
A No .
4 anti-expansion billboard over by Keystone?
4
Q Did you ever talk to anyone about how your
5
A No .
5 vote on the expansion would affect your wanting to
6
Q Your two neighbors that came to see you,
6 become County Board chairman?
7 Judy Durkin --
7
A No .
8
A Duncan .
8
Q
Have any jobs been promised in connection
9
Q Judy Duncan -- excuse me -- and Steve
9 with the County Board chairmanship?
l0
Heath, how well do you know Judy Duncan?
10
A No .
11
A I've known them since I've lived there,
11
Q Does the County Board chairman have the
12 both of them .
12 power to appoint the auditor?
13
Q And what opinion did they express to you?
13
A I believe the County Board votes for the
14
A One of not voting for it
. Well, the one
14 auditor.
15 neighbor, Steve Heath, voted -- or said that, "Whatever
15
Q The nomination's made by the board
16 you come up with, I'm sure it will be right."
The other 16 chairman, so it's one of those that the board chairman
17 one just said that she didn't care for it
.
17 appoints with the advice and consent of the whole board?
18
Q So Heath never expressed an opinion?
18
A I believe that's the way it works.
19
A No . He said I'd make the right decision
19
Q
All right . So you would be the lead person
20 whichever way I voted .
20 to appoint an auditor if you became chairman?
21
Q
So you knew he was opposed to it also?
21
A I would think so .
22
A
I felt he might have been, but I wasn't
22
Q Have you promised anyone that you would
23 sure .
23 forward their name or nominate them?
24
Q Anyone else talk to you about your vote
24
A No .
9/27/06 Thomas O'Neill
CondenscItrr"
Page 37
1
Q Have you ever made that promise to David
2 Williams?
3
ANO .
4
Q Do you know what democrats out there are
5 interested in the auditor position?
6
A I don't know. I've heard
.
7
Q
What have you heard?
8
A Allen Mayer and Kent Rotherham .
9
Q Did you read newspaper articles about this
10 landfill application?
11
A No, just this one here.
12
Q Now, if you didn't go to the hearings and
13 you didn't read any of the transcripts and you only read
14 a portion of one staff report, how did you bring
15 yourself up to speed on what the evidence was?
16
MR. BROWN : Objection . It goes to the
17 mental processes and decision-making of this board
18 member . It's not something that can be delved into in
19 these proceedings, and I'll ask the witness not to
20
answer that question .
21
Q Let me ask it a different way then . If you
22
didn't go to any of the hearings and you didn't read any
23 transcripts and you only read a portion of one staff
24 report, did you do anything else to inform yourself
Page 38
1 about what the evidence was?
2
A No.
3
Q
Do you know who Elaine Hopkins is?
4
A
She's a reporter for the Journal Star .
5
Q How long have you known her?
6
A I don't know. Maybe a year. I don't know .
7
Q How many times would you say she's
8 interviewed you in connection with her being with the
9 Journal Star?
10
A Only once .
I I
Q That was only after this May 3rd meeting,
12 correct?
13
A That is correct .
14
Q Where were the two of you at when this
15 interview took place?
16
A I really don't remember
.
17
Q
Do you remember if it was person-to-person,
18 or was it on the phone?
19
A I don't remember that either.
20
Q Do you remember if it happened on the
21 evening of May 3rd or sometime on May 4th or 5th?
22
A I don't remember that
.
23
Q
Was anyone else present when Elaine Hopkins
24 interviewed you?
Page 39
A No, because I can't really remember if it
was on the phone or in person
.
•
So you don't know whether or not she had a
tape recorder to record this interview?
A
No .
•
Did you tell her during the interview that
any of your comments were off the record?
A No .
•
Did you understand when you were being
interviewed that whatever you said was on the record and
available for publication?
A Of what I said, yes
.
•
Now,
we're going to, obviously, depose
Elaine Hopkins and get an affidavit from her ; but in
order to understand exactly what your position is, when
I first read this quote to you of, "I probably would
have voted yes again but voted for the wishes of my
constituents that put me in office," at one time during
this deposition, you said that you never said that, and
another time you said you didn't remember saying that .
I need to kind of explore with you which of those it is
because in my mind there's a difference
.
A What I said was I remember telling her that
1 was contacted by constituents, but that was it.
Page 40
1
Q Well --
2
A I didn't tell her that I changed my vote
3
because of being contacted by them .
4
Q Normally, when reporters put stuff in
5 quotes, they're writing down the exact words of the
6 person. So my question is : Were these your exact
7 words?
8
A I don't remember
.
9
Q So it's possible that you said that?
10
A I don't remember saying that.
11
Q But is it possible that you said that?
12
A I don't believe so.
13
Q So Elaine Hopkins is lying in her article?
14
A I'm not -- I don't know.
15
Q If you had said that and she is accurately
16
quoting you, why would you have said that?
17
A Why would I have said that?
18
Q Yeah .
19
A I don't know .
20
Q Because you told us today that you didn't
21 base your vote on the wishes of constituents, so why
22 would you have said that you did?
23
A I don't remember saying that .
24
Q But if you had said it, is there a reason
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 37 - Page 40
9/27/06 Thomas O'Neill
CondenseltTT''
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 41 - Page 44
Page 41
Page 43
I why you would have said that?
1
STATE OF ILLINOIS )
) ss
2
A Not that I know of .
2 cotNTvoFTAZewaL)
3
Q So, just to wrap this up -- and I don't
3
4 mean to be argumentative with you, Mr . O'Neill, but is
4
CERTIFICATE
5
it your testimony that you don't remember whether you 5
6
said it or not, or is it your testimony that you didn't
6
I, Angela M . Jones, CSR RFR a Notary
7 say it?
7 Public duly commissioned and qualified in and for the
8
A I don't remember if I said it or not
.
8 County of Tamwcll, State of Illinois, do hereby certify
9
MR
. MUELLER : Thank you. That's all --
9 that them came before me on September 27, 2006, at 416
l o hold on one second
.
10 Main Street, Suite 1400, Peoria, Illinois, the following
1 I
MR. R . COULTER : We want the e-mails, want
I 1 named person, to wit :
12
to be sure we have it for the record .
12
THOMAS rrNau,.
13
MR. MUELLER : Mr. Brown, I don't think we
13 a witness, who was by me first duly swum to testify to
14
got any e-mails from Mr . O'Neill, and he said he did 14 the truth and nothing but the truth of his knowledge
15
turn them in. We'd reserve the right to reconvene
15 touching and concerning the matters in controversy in
16
assuming that that furnishes additional information
16
this cause, and that he was thereupon carefull
y
examined
17 which was not covered here today
. Fair enough?
17 upon his oath and his examination reduced to shorthand
18
MR . BROWN
: Fair enough . I'll see what I
18 by means of stenotype and thereafter converted to
19 can track down .
19 typewriting using computeraided translation by me.
20
MR. MUELLER
: That's it then . Thank you,
20
I also certify that the deposition is a
21 Mr. O'Neill.
21 true record of the testimony given by the witness .
22
1
:55 P
.M.
22
I further certify that I am neither
23
23 attorney or counsel for Our related to or employed by
24
(Further deponent saith not .)
24 any of the parties to
the action in which this
Page 42
Page 44
1 PEORIA DISPOSAL COMPANY,
1 deposition is taken, and further that I am rot a
2
Petitioner,
2 relative or employee of any attorney or counsel employed
3
vs.
No. PCB 06154
3 by the parties hereto or financially interested in the
4 PEORIA COUNTY BOARD,
4 action.
5
Respondent.
6
5
In witness whereof, I have hereunto set my
7
1 hereby certify that I have read the
6 hand and affix my notarial seal October 2, 2006 .
foregoing transcript of my deposition given on September
7
B 27, 2006, at the time and place aforesaid, consisting of
pages 1 through 41, inclusive, and I do again subscribe
8
9 and make oath that the same is a true, correct, and
complete transcript of my deposition so given as
9
/
10 aforesaid .
I1
10
11
Angel
Jones, CSR-RPR
Pleas check one :
II
CSR M0114-003482
13
I have submined errata sheet(s) .
12
] 3
Commission Expires 4/30/2010
14
IS
No collections were noted .
14
16
15
16
ANGELA M JONES
THOMAS O'NEILL
NOTARY PUBLIC
-
STATE OF ILLINOIS
le
17
MY COMMISSION EXPIRES 4-W202n
19
18
20 SUBSCRIBED AND SWORN TO
19
21
beforeof me this
day
20
,A .D .2006 .
22
21
23
Notary Public
22
24 My Commission expires
23
24
9/27/06 Thomas O'Neill
Con densclt71N
6th [16] 16 :16 16 :17
16 :17
16 :20 18
:22
20 :6 24 :8
24 :18
24 :20 25 :4 25 :11
25 :22 26 :2
26 :14
28 :1
35 :1
9/27/06 [1]
1 :0
9th [41
15 :11
16 :16
18 :22
20 :6
A.Dp] 42:21
accordance (1] 16 :11
accurately p] 40 :15
action (2]
43 :24
44 :4
activity p]
18 :16
added p]
14
:9
additional (2) 26 :1
41 :16
Additionally (1]
4 :23
address (61
5 :8
5 :13
5
:22
6 :9
6 :12
32 :5
adult [1] 8 :10
advice p]
36 :17
affect (21
36 :1
36 :5
affidavit [1]
39 :14
affix (1] 44 :6
aforesaid (2] 42 :8
42 :10
again (41
23 :16
24 :4
39 :17
42 :8
Against [21
21 :5
28 :21
ago
[1]
13 :4
airport
p 1
11 :9
Akeson (21
30
:14
30 :16
Allen
p1
35 :10
35
:12
37
:8
Amy pl 33 :1
Andrew
(1]
8
:19
Angela (3]
1 :0
43 :6
44 :11
answer [21
5 :5
37 :20
answers p]
4 :20
anti-expansion (1]
34
:4
anti-landfill [2]
10 :15
21 :19
aol .com (14
6 :15
appearp]
23 :2
APPEARANCES (1]
2 :1
application [1314 :11
10:7 11 :4 12:21
15 :14 19 :24 21 :24
22 :4
26
:21 27 :8
31 :23
35 :16
37 :10
appoint (2]
36 :12
36 :20
appointed p] 9 :4
appoints
(11
36 :17
apprenticep] 8 :18
apprenticeship (21
Association (1]8 :6
assume p]
5 :6
assumed (11 32 :6
assuming (1] 41 :16
attend[i]
26 :13
attorney [2]
43 :23
44 :2
Attorney's p] 19 :19
19
:21
20 :3
auditor [4]
36 :12
36 :14
36 :20
37 :5
Auken
[3]
33
:11
33 :15
33 :17
author(1]
22 :22
available
[11
39 :11
aware [41
10 :19
11 :3
26 :6
26 :9
away (4] 14 :6
14 :10
14 :10
19 :4
background
[1)
5 :19
balance
[q
14 :13
Barb [2] 33 :15 33 :17
bargaining [2] 7
:9
7 :12
Bartonville p] 11 :8
14 :10
14 :11
base [21 27:14 40 :21
based [4]
14 :16
23 :5
24 :18
25 :18
basis
(1128
:4
became [1]
36 :20
become
141
10 :10
26 :9
36 :2
36 :6
becoming [1] 35 :22
Behalf (2]
2 :8
2 :12
Beth (2] 30:16
33 :11
betterp]
7 :19
between 19]
18 :22
20:5 24:17 24:19
25 :11 25 :22 26 :2
28
:1
35
:1
bill [4] 12 :8
31 :2
31 :3
33 :3
billboard p] 34 :4
billboards
[11
21 :19
bit(1]
24 :13
Black (2]
2 :11
2 :11
Bluffs (1]
8 :1
Blumenshine (3)
17 :24
18 :2
20
:12
board (25]
1 :0
1
:0
4 :11
6 :10
9 :1 13:22 15:24
21 :2 28:8 32 :7
32
:11
33 :19 35 :15
35 :18 35 :22 36
:2
36:6 36:9 36:11
36 :13
36 :15 36 :16
36 :17
37 :17
42 :4
boundaries [3] 11 :6
14 :2
14 :5
break
(1]
33 :23
BRIAN
(11
2
:6
bring 11137 :14
Brothers
[1]
8 :18
Brown
p1
2 :10
2 :11
28 :6
28 :10
37 :16
41 :13
41 :18
Bucklar[2]
30 :18
30 :20
buildings p] 7 :2
button u]
17 :13
C[1]
C's (3]
31 :3
31 :7
31 :11
31 :16
calls po]
6 :24
7 :2
20 :5
20 :9
20 :12
20 :15
21 :23
24
:23
25 :3
27 :16
Camelot [2]
11
:9
11 :10
campaign
[4]
11 :12
11 :24
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SIVERTSEN REPORTING SERVICE (309) 690-3330
#084-003482 -
contact
Index Page I
#084-003482[1]
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(309) 690-3330
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Index Page 2
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9/27/06 Thomas O'Neill
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keep
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Index Page 3
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9/27/06 Thomas O'Neill
Condenselt"''
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SIVERTSEN REPORTING SERVICE (309) 690-3330
race
- war
Index Page 4
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9/27/06 Thomas O'Neill
CondenseIt 3T1
SIVERTSEN REPORTING SERVICE (309) 690-3330
Waste
- Zwic
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Exhibit 5
9/13/06 Lynn Scott Pcarson
Condenselt"P
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 1 - Page 4
Lynn Scott Pearson
9/13/06
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEORIA DISPOSAL COMPANY,
Petalonel,
ORIGINAL
1
NO . DOB 06-184
Page 3
1
INDEX
3
WITNESS.
Page
4
LYNN SCOTT PEARSON
Examination by Mr . Mue_ier 4
5
6
7
g
10
EXHIBITS :
11
NONE MARKED
12
14
PEORIA COUNTY BOARD,
1
Respondent .
THE DEPOSITION of LYNN SCOTT PEARSON, a
witness herein, called for examination pursuant to
notice and the Supreme Court Rules as they pertain to
the :axing of depositions before Angela M . Jones, CSR,
RICA, and a Notary Public in and for the County of
Tarewe11, State of Illinois, on Wednesday, September 13,
2006, at 416 Main Street . Suite 1400, Peoria, Illlnols,
commencing at the hour of 9 :05 a .m .
18
19
20
DISK
ENCLOSED
22
23
24
Page 2
Page 4
APPEARANCES
GEORGE MUELLER, ESQUIRE
528 Columbus Street, Suite 204
1
(Witness sworn.)
2
LYNN SCOTT PEARSON,
3
called as a witness, after being first duly sworn, was
4
or ;awa, 11--is 61350
4 examined and testified upon her oath as follows :
5
and
6
JANAKI NAIR, ESQUIRE
BRIAN J . MEGINNES, ESQUIRE
5
EXAMINATION
6
BY MR. MUELLER :
7
Elias, Meginnes, Riffle 6 Seghetti, P .C .
416 Main Street . Suite 1400
7
Q Would you state your full name for the
Peoria, Illinois 6
:602
Or
. Beda :I or the Petitioner ;
8 record, please?
DAVID A . BROWN, ESQUIRE
9
A Lynn Scott Pearson .
10
Black, Black 6 Brown
MR. MUELLER : Let the record show : This is
Morton,
101 South
Illinois
Main Street61550
I1 the discovery deposition of Lynn Scott Pearson taken
13
on Behalf of the Respondent :
12 pursuant to notice, by agreement of parties, and in
ALSO PRESENT :
13 accordance with rules .
14
Q Miss Pearson, how do you prefer to be
15 addressed?
16
A You mean as far as --
is
BILL ATKINS,
17
Q Do you want me to call you Miss Pearson,
States Attorney's Office
18 Mrs . Pearson, Lynn?
20
19
A Lynn is fine.
20
Q Okay. Great . Lynn, have you ever had your
21 deposition taken before in any case?
22
A No.
23
Q Let me go over a couple of things with you
24 then. I'm going to be asking you questions relating to
9/13/06 Lynn Scott Pearson
CondenscIt""
Page 5
1
the appeal of Peoria Disposal Company of the actions or
2 inaction
of the County Board in this matter . You are
3 under oath
. Only one of us can speak at a time . If you
4 don't understand my question, have me rephrase it, and
5 I'll be happy to do so . Try to avoid nonverbal
6
communication such as nodding your head or shaking your
7 head because the court reporter can't take it down
. And
8 if you answer a question, I'm going to assume that you
9 understood it and intended the answer
. Is that fair,
10 and do you understand that?
11
A Yes.
12
Q Very good . Ma'am, if I could have your
13 address?
14
A 1201 North Madison .
15
Q In Peoria?
16
A Yes.
17
Q You are a member of the Peoria County
18 Board?
19
A Yes.
20
Q And how long have you been a member of the
21 board?
22
A 20 years .
23
Q Are you standing for election this
24 November?
Page 6
I
A Yes.
2
Q Do you have opposition?
3
A No.
4
Q
What party are you in?
5
A Democratic .
6
Q What district are you from?
7
A 3 .
8
Q Do you have a cell phone?
9
A Yes.
10
Q What's your cell phone number, ma'am?
I
A 678-5603 .
12
Q
And your home number?
13
A 673-3853 .
14
Q
Lynn, what's your highest level of
15 education?
16
A
Sophomore, college .
17
Q What college was that?
18
A ICC .
19
Q And what is your current profession?
20
A I'm retired,
2t
Q
How long have you been retired?
22
A
Since 1998.
23
Q
Lucky you.
24
A
Uh-huh.
Page 7
12
A Not to my knowledge
.
13
Q Do you have any children, ma'am?
14
A Yes.
15
Q What are their ages?
16
A Now, that's a good question
. Let's see
17 here . 38 and 43 .
18
Q Do either of them live in Peoria County?
19
A Yes.
20
Q In that case, could you give us their names
21 and their employment?
22
A Christian Pearson, and he works for
23 District 150 .
24
Q In what capacity?
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v
. PCB
Page 5 - Page 8
2
3
4
5
6
7
8
9
10
Ii
12
13
14
15
16
17
18
19
20
21
22
23
24
Q
A
Q
A
Q
Before that, what was your profession?
I was a clerk at Caterpillar Tractor.
Are you married?
No.
Do you have any immediate family members
who work for any of the hospitals in Peoria?
A
Q
No.
Have you ever worked for or had any
professional relationship with any of the hospitals in
Peoria?
A
Q
No .
Have you ever been a patient of Dr
. McLean,
Dr
. Vidas, or Dr. Zwicky?
A
Q
No .
Have any of your immediate family members
ever been a patient of any of those doctors?
A Not that I'm aware of.
Q Would the same be true for Dr
. William
Scott?
A
Q
A
Q
Yes.
You've never been a patient of his either?
No.
Are you a member or have you ever been a
member of the Sierra Club?
Page 8
I
A No.
2
Q
Have you been a member of any other
3
environmental organizations or other organizations that
4
have an interest in environmental or ecological issues?
5
A
No.
6
Q
Have you ever been a patient of Dr . Parker
7 McRae, Dr
. Steven Smith, or Dr . Lorenz?
8
A No.
9
Q
Have any of your family members ever been
10
patients of any of those three doctors to your
i i knowledge?
9/13/06 Lynn Scott Pearson
CondenseIt'T"
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 9 - Page 12
Page 9
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
A
Q
A
Q
A
Q
Janitor .
All right . Your other child?
He's in Minneapolis, Minnesota
.
He's got winter coming
.
Yes,
Did you attend the public hearings on the
1
2
3
4
5
6
7
8
9
10
I I
12
13
14
15
16
17
18
19
20
21
22
23
24
consideration in your deliberations?
A No .
Q Did you receive any letters?
A Yes .
Q
Approximately how many letters would you
have received?
A Probably somewhere around 50 .
Q
And with regard to the letters and e-mails
that you got, did you keep them?
A
No .
Q Why didn't you keep them?
A I waited until after the April meeting and
threw them all away . They took up a lot of space .
Q Well, the e-mails would not have taken up a
lot of space because they're on your computer, right?
A Even on the computer they took up a lot of
space .
Q They were taking up a lot of space on your
computer?
A Yes .
MR. MUELLER: The record should reflect the
witness is nodding her head emphatically .
Q Now, did you understand that you were free
to disregard all communications that you received or
Peoria Disposal Company application?
A
Q
A
Q
Yes
.
Did you attend all of them?
Yes.
Did you also have an opportunity to review
transcripts of the public hearings, or didn't you find
that necessary?
A I reviewed them briefly .
Q During the period from November 1st of
2005 -- make it from November 9th, 2005, until May 3rd
of this year, did you receive any written communications
from any person or group regarding this application?
A Yes .
Q Let's break it down by category . We found
that to be more convenient for other witnesses . Did you
receive e-mails?
A
Q
Yes.
And do you know approximately how many
Page 10
Page 12
1 e-mails you would have received?
1 that you should turn them over to the County or anything
2
A Somewhere -- probably 75 or 80 .
2 with regard to what to do with communications that you
3
Q Did you read them all?
3 received?
4
A Yes.
4
A With the e-mail .
5
Q Did you respond to any?
5
Q What was your understanding as to what to
6
A No.
6 do with e-mails?
7
Q Did you take into consideration the
7
A I forwarded to the comment part of the
8 contents of any of those e-mails?
8 county computer .
9
A In what way? I read them and understood
9
Q And would that have been the case with all
10 them, but that was pretty much it .
10 of them that you received?
I1
Q In terms of the factual allegations that
11
A Yes
.
12 you might have found in some of those e-mails . Maybe I
12
Q Now, when you say to the comment part of
13 can distinguish a little bit . Some of the e-mails that
13 the county, can you direct me a little bit more
14 we've seen are in the nature of, "Thank you for your no
14
specifically?
15
vote on April 6th . Keep up the good work ." You
15
A It was referred to as public comment, and I
16
probably recall receiving some of those?
16 forwarded it to that .
17
A I had some of those .
17
Q Was there actually a way that people could
18
Q
And some of them are in the nature of,
18
post public comment right on the Peoria County website?
19 "Here's some additional facts that you should be aware
19
A My understanding was that, but I'm not that
20 of."
I'm thinking specifically for Joyce Blumenshine
20 computer literate so --
21
and the Sierra Club sent some a-mails like that . Do you
21
Q All e-mails you got, you sent them onto
22
remember receiving some like that?
22 what you thought was some part of the county where they
23
A
Yes.
23 would be part of the public comment record?
24
Q Did you take the contents of those into
24
A Yes.
9/13/06 Lynn Scott Pearson
Condenselt""
Page 13
Page 15
A
Yes .
Q What was it about that landfill in your
mind that made it more desirable than this one?
MR . BROWN :
Objection . The questions go to
the mental processes and decision-making of the witness
as part of her membership of the County Board and not
something that's subject to inquiry in these
proceedings
. So I'm going to object and instruct the
witness not to answer the question
.
MR. MUELLER : You know I have to try,
Mr
. Brown .
MR . BROWN: I k now .
BY MR
. MUELLER :
Q Lynn, do you have any chairmanships on the
Peoria County Board of any of its committees?
A
No .
Q Have you ever been a committee chairman?
A Yes.
Q When was that?
A All I can say is through the years of being
on the board I've had chairmanships
.
Q Is there a reason why you're not holding
one now?
A
Not that I know of.
Page 16
•
I think I asked you this . You are running
for re-election, correct?
A Yes .
•
You're unopposed?
A Yes .
•
That is the best kind of re-election,
right?
A Yes, cheapest.
Q
phone calls about the Peoria Disposal application?
A
Yes, I did .
•
And approximately how many phone calls
would you have received?
A
I suppose somewhere around maybe 40-plus, a
lot of calls .
•
That would be during the period when the
application was pending?
A Yes .
•
And as you sit here now, do you remember
any of them in particular in terms of who called you or
what they might have said?
A No .
•
Do you know whether you ever got a call
from Joyce Blumenshine?
Back to communications, did you receive any
SIVERTSEN REPORTING SERVICE (309) 690-3330
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A I didn't have any understanding with what
to do with the letters .
Q Nobody ever told you to keep them, throw
them away, or anything else with regard to them?
A
Q
No .
Did you also get any fliers on your
doorstep, in your mailbox, et cetera?
A I don't remember any
.
Q
You know what I mean by fliers, little
handouts, pamphlet-type things?
A Yeah
. I don't remember getting anything
like that .
Q Okay . Did you get any --
let's back up .
In your district, were there yard signs
opposed to the landfill?
A I don't know .
Q Did you see yard signs around town?
A Yes
Q
How many would you say that you noticed?
I'm assuming you didn't count, so I'm just asking for an
estimate .
A Half a dozen, I guess . I really don't
1
know .
Page 14
Being a politician, you notice all signs
.
1
2
Q
Did you see any billboards?
2
3
A Yes .
3
4
Q
How many billboards do you recall noticing? 4
5
A Two .
5
6
Q
They were both opposed to the landfill?
6
7
A Yes .
7
8
Q
Have you ever been at the Peoria Disposal
8
9 facility?
9
10
A
No .
10
11
Q
Have you ever been at any other landfill?
Ii
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A Yes .
12
13
Q That would be the City-County landfill?
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A Yes .
14
15
Q When were you there, and for what reason?
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A
I was there somewhere around 2000, 2001 .
16
17
Q Was that at the time when they were
17
18 petitioning for expansion?
18
19
A No. To be honest, we were out there for
19
20
lunch, and then we took a tour .
20
21
Q
You sat on the County Board when that
21
22
landfill petitioned for expansion, didn't you?
22
23
A Yes .
23
24
Q And how did you vote on that?
24
9/13/06 Lynn Scoff Pearson
CondenseIt"
Page 19
Q Did she ever express an opinion about the
merits of the application to you?
A Yes.
•
And what was her opinion?
A
No.
•
Do you respect her opinion?
A Yes.
•
Do you know Barb Van Auken?
A Yes.
•
What's your relationship with her?
A She's a friend.
•
Also a long-time friend?
A
No
. Probably maybe just five or ten years
.
•
For me, that would be a long-time friend .
Did she ever express to you any opinion
about the application?
A Not her opinion.
Q Did she ever encourage you to vote in a
particular way?
A No.
Q Did Mary Harkrader encourage you to vote in
a particular way?
A NO .
Q Did you ever express to them before your
Page 20
vote an opinion about how you were going to vote or what
you thought of the application?
A I don't remember doing that .
Q Lynn, going back for a second to meetings
with County Board members, during this process, did you
ever have any conversation with any other board member
about the merits of the application outside of the
actual hearing room?
A Yes.
•
Who did you have conversations with?
A Jim Thomas and Phil Salzer .
•
And was that all at the same time?
A No.
•
At separate times?
A Uh-huh.
•
Where did those conversations take place?
A After a meeting, after one of the committee
meetings .
Q But do you physically remember where?
A In the courthouse in the conference room .
Q And what was
--
was your purpose in being
there for board business?
A Yes.
Q What did those two gentlemen say to you?
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v . PCB
Page 17 - Page 20
Page 17
1
A Yes .
1
2
Q When would Joyce Blumenshine have called
2
3 you?
3
4
A Sometime before the vote is all I can say .
4
5
Q Do you remember what she had to
say?
5
6
A No. I believe it was a message on the
6
7 phone. A lot of them were that way, just saying to vote 7
8 no.
8
9
Q Did you return calls where messages were
9
10 left on your answering machine?
10
I i
A No.
11
12
Q Do you know if you ever received a phone
12
13 call from Kim Converse?
13
14
A I don't remember a phone call from Kim .
14
15
Q Did you speak with her personally about the
15
16 application?
16
17
A No.
17
18
Q You're answering my questions as if you
18
19 know her.
19
20
A No. I only know her from the hearing . I
20
21 mean, I didn't know her before .
21
22
Q So you had no relationship with her before?
22
23
A Huh-uh.
23
24
Q And you don't have one now?
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1
Page 18
A
No.
1
2
Q
And you never had any one-on-one
2
3
conversations with her during the hearing that you
3
4 recall?
4
5
A No.
5
6
Q
Did you ever have a meeting with any other
6
7
County Board members regarding the application other 7
8
than being at meetings of the board itself?
8
9
A
No.
9
10
Q Do you know a Mary Harkrader?
10
I I
12
A Yes, I do .
Q And how do you know her?
I I
12
13
A She's a friend of mine .
13
14
Q How long has she been a friend?
14
15
A Oh, 30 years or so .
15
16
Q Long-time friend?
16
17
A Yes .
17
18
Q
Did she ever talk to you about this
18
19
application?
19
20
A Other than to say it was a mess ; and by
20
21 that, I mean the board and the hearings .
21
22
Q A mess in what way?
22
23
A I can only assume that she meant all of the
23
24 press and communication .
24
9/13/06 Lynn Scott Pearson
Condenselt'"t
Page 23
County Board
. I'm going to instruct the witness not to
respond or answer that question .
•
Let me ask it a different way
.
A
While you're giving that thought, could I
have a cup of coffee?
•
Absolutely.
(Pause in proceedings .)
BY MR . MUELLER :
•
We had a long session with Mr . Thomas
yesterday morning about how County Board members
understood their role in this process, and we talked
about a County Board member being a legislator and
having a legislative function . I take it you understand
what that is?
A
(Nodding head up and down .)
•
You're nodding your head yes .
A Yes. I'm sorry. Yes.
•
Then we also talked about a function in
connection with these kinds of applications is for board
members to sort of act like a judge, to weigh the
evidence
. Did you understand your responsibility in
this case to be acting like a legislator, to make a
policy decision, or like a judge, to make a decision
based on evidence?
Page 24
A To be a judge, to make it based on the
evidence that they had given us.
Q
And you also said that you waited to make
up your mind until you had read everything that you
could get your hands on ; is that right?
A Everything that was presented to me, yes .
Q
And that would include all of the a-mails
that you got?
A Oh, yes.
Q Now, did you have an understanding when
this hearing process started of whether you could or
couldn't have communications with the various factions
outside of the hearing process?
A
Say that again, please.
Q
I knew that I asked that in a bad way .
What was your understanding or belief at
the start of the hearing process about whether people
with opinions on the application could communicate with
you and whether you could communicate with them?
A
That I was not supposed to communicate with
them.
•
How about their communicating with you?
A Yes
. They could communicate with me . I'm
a public servant .
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
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Page 24
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A
We were whining about all the reading we
had to do .
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Q Did either of them express their opinion of
the merits of the application?
A Mr
. Salzer said that he didn't think he
could vote for it .
Q Do you remember when that conversation was?
A It would have had to have been
-- I don't
know -- March or April
. I'm not sure because we're on
committees together
; and as I say, it wasn't a special
occasion .
Q Did he express to you why he thought he
couldn't vote for it?
A No.
Q
Did you express your opinions to him?
A No.
Q At that time, did you even have an opinion,
or did you wait until all the evidence was in?
A
I waited until I had read everything that I
could read .
Q So Mr
. Salzer, to your knowledge, was
jumping the gun a little bit?
A Possibly
. I actually have no opinion on
that .
1
Page 22
Q
Do you remember what Mr . Thomas had to say
1
2 to you?
2
3
A
We were whining -- honestly, we were
3
4 whining .
4
5
Q
That's why you get paid the big money .
5
6
A
Yeah, the big bucks.
6
7
Q
Did Barb Van Auken ever express anyone
7
8
else's opinion about the landfill application to you?
8
9
A Yes.
9
10
Q
Who else's opinion did she express?
10
I I
A She simply said that her supporters were
I1
12
against it .
12
13
Q She's a City Council person in Peoria?
13
14
A Yes.
14
15
Q
Does her district overlap yours in any way?
15
16
A No .
16
17
Q
Were you of the impression based upon the
17
18
totality of the communications that you received that
18
19
the majority of the public was against this application? 19
20
A Yes.
20
21
Q
And did you feel that in casting your vote
21
22
you were doing the will of the public?
22
23
MR . BROWN : Objection
. The question goes
23
24 into the mental processes and decision-making of the
24
9/13/06 L
n Scott Pearson
Condenselt
t'''
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page
25 -
Page 28
Page 25
Page 27
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Q Does that mean then that you never
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A
Q
No .
discouraged anyone from delivering their opinions to
Has anyone from that organization ever made
you?
a donation to you?
A No .
Q No, you didn't ; or no --
A No, I didn't
.
Q
Okay . And in that regard, you took all of
A
Q
No .
Have you ever been at one of their
meetings?
A
Q
No .
those communications into account as well ; is that
Have you ever been at a Sierra Club
right?
meeting?
A
I am not sure how to answer that because I
A
went .
Q
In 1984, they had a Candidates Night, and I
Have you ever received a donation from the
read them, as we spoke of the e-mail ; but as far as
remembering every one and pulling everything together, I
don't think so
. I think that it was my duty to read
them .
Sierra Club?
A
Q
Not that I can remember .
Q
I'm not asking if you remembered every
Have you ever been to a meeting of River
specific one .
Rescue?
A Oh, no . Thank you .
Q
And I'm sure that you gave more weight to
A
Q
No .
Have you ever been to any meetings or
some than to others because, you know, you get something
from Tom Edwards, you may not consider it as much as
something from the Sierra Club, right?
services at the Universalist Unitarian Church?
A
Q
No .
You're not a member of Saint Thomas Church,
A It's about 50/50 there .
Q By the way, do you know Tom Edwards other
than as a board member who listens to him make
are you?
A No .
Q Have you ever received any campaign
Page 26
Page 28
1 presentations?
I donations from any of the hospitals or medical
2
A
No .
2 organizations in Peoria County?
3
Q Has he ever fixed your roof?
3
A No .
4
A No .
4
Q Do you know either Beth or Jeff Akeson?
5
Q Did you ever receive any a-mails from Mary
5
A No .
6 Harkrader?
6
Q You indicated you know Joyce Blumenshine?
7
A
Not that I can remember about that .
7
A Yes, I do .
8
Q
She would have called you about this
8
Q Did you know her before these hearings
9 landfill, though?
9 began?
10
A I would think so .
10
A Yes, I did .
11
Q And you knew she was a strong opponent?
11
Q How did you know her?
12
A Yes
.
12
A Joyce and I are in the Peoria Democratic
13
Q
Did you ever have any meetings with any of
13 Women together, and I have also attended some Planned
14 the representatives of the opposition groups regarding 14 Parenthood functions .
15 the landfill?
15
Q Do you consider Joyce a friend of yours?
16
A No .
16
A Yes .
17
Q
Do you know whether Mary Harkrader was
17
Q
And did you have any face-to-face
18
affiliated with Peoria Families Against Toxic Waste? 18 conversations with her ever about her opposition to this
19
A No, I don't
.
19 landfill expansion?
20
Q Let me run through some names of some
20
A Yes .
21 individuals and see if you have a relationship with any 21
Q
How many times?
22 of them .
22
A Once .
23
Have you ever made a donation to the Peoria 23
Q When was that?
24 Families Against Toxic Waste?
24
A
You know, I don't know . It was in passing .
9/13/06 Lynn Scott Pearson
Condenselt't'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 29 - Page 32
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Page 29
We were somewhere, and she stopped and gave me her
opinion.
Q
And did you respond to that opinion?
A I just said, "Thanks ."
Q Is she someone whose opinion you respect?
A On Planned Parenthood .
Q Does that mean you don't respect her
I
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3
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7
8
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I I
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to 9:47 a.m.)
BY MR . MUELLER :
Q Lynn, I'm almost done, but I want to
Page 31
clarify something . I asked you some questions about
Joyce Blumenshine, and you indicated that you knew her
from, among other places, Planned Parenthood?
A Uh-huh .
opinion on landfill expansions?
Q Are you sure that you're not thinking of a
A Well, we'll just stick to on Planned
Joyce Harant?
Parenthood . You're right, I don't .
A That's who it is, yeah, so Blumenshine --
Q You don't respect her opinion on landfill
expansions
; is that what you just said?
you're right. Joyce Harant was who I was talking about,
Joyce Blumenshine --
A Yes .
Q Do you know Tom Bucklar?
A No .
Q Do you know any members of the Converse
family? We've already asked about Kim .
Q She's the Sierra Club leader .
A Okay . She was -- in 1984, she had a
fund-raiser for me, and I was the only one that came .
Yeah, she did . She had the very first fund-raiser, and
my sister and I were the only two there .
A I briefly know Ralph . We all were on a
Chamber of Commerce fly-in about seven years ago, and
that's it .
Q Just to clarify, when you were talking
about you respect her opinion on Planned Parenthood but
not on landfills, you were talking about Joyce Harant?
Q
Do you know Bill Cook?
A
Evidently not well because I can't put a
face with the name
.
A
Joyce Harant, yes .
Q
In the case of Joyce Blumenshine, did she
ever communicate with you directly regarding this
Q He's an iCC professor .
landfill?
Page 30
Page 32
1
A
He testified at the hearing ; but other than
1
A Because she also came before the County
2 that, I don't .
2
Board and I walked in with her one time, and she told me
3
Q
Do you know Lisa or Peter Offutt?
3 then that she was against the expansion .
4
A
No.
4
Q
Okay. And she is someone who actually
5
Q
Do you know Chris Ozuna-Thornton?
5 tried to raise funds for you at one point in the past?
6
A No .
6
A 1984.
7
Q
Do you know Cathy Stevenson?
7
Q And because of her affiliation with Sierra
8
A No.
8 Club, you respect her opinion on landfills?
9
Q Do you know Amy Schlicksup?
9
A Yes.
10
A I don't think so .
10
Q Now, is the Moss-Bradley area part of your
I 1
Q Do you know Cara Rosson?
11 district?
12
A No.
12
A No .
13
Q Do you know Elmo or Jean Roach?
13
Q Do you want to tell us your district
14
A No.
14 boundaries, roughly?
15
Q Do you know Diane Storey?
15
A Yeah. It would be roughly, because the
16
A No.
16 maps are beautiful but they don't tell you much, from
17
Q And do you know Mayvis Young?
17 74, I go north to Prospect and from Nebraska to the
18
A Yes . She testified before the board . She
18 river .
19
came and spoke before the County Board .
19
Q Have you ever been to a meeting of the
20
Q Other than that, do you know her?
20 Moss-Bradley Homeowners Association?
21
A No.
21
A Only as a candidate . They have Candidate
22
MR. MUELLER: Let's take a two-minute
22 Nights.
23 break .
23
Q So that would mean four years ago you might
24
(Recess in proceedings from 9 :43 a .m.
24 have been there?
9/13/06 Lynn Scott Pearson
Condenselt'*'
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 33 - Page 36
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Page 33
A Yes.
Q Do you know a Rodney Lorenz?
A Not that I can think of. It might have
been one of the people I talked to, but he's not a
personal friend .
I
STATE OF ILLINOIS )
) SS
2 canny orTAZEwaL
)
3
4
cPRTIFICATE
5
6
I, Angela M . Jones, CSRRPR. a Notary
7 Public duly commissioned and qualified in and for the
8
County of Taaewell, State of Illinois, do hereby certify
9
that there came before me on September 13, 2006, at 416
10
Main Street, Suite 1400, Peoria, Illinois, the following
11 named person, tower
12
LYNN sconraxsoN.
13 a witness, who was by me first duly sworn
to testify to
14 the truth and nothing but the truth of her knowledge
15 touching and concerning
the matters in controvers y in
16
this cause, and that she was thereupon carefully
17
examined upon her oath and her examination reduced to
18 shorthand by means of stenotype and thereafter converted
19 to
typewriting using computer-aided translation by me .
20
I also certify that the deposition is a
21 true record of the testimony given by the witness
.
22
I further certify that I am neither
23 attorney or counsel for nor related to or employed by
24 any of the parties to the action in which this
Page 35
Q You don't remember any specific
conversations with him?
A No.
MR . MUELLER' I'm getting faster and faster
questions .
done .
9:50 A.M
.
deponent saith not .)
at this. We have no more
MR . BROWN : You're
(Further
Page 34
Page 36
I
PEORIA DISPOSAL. COMPANY,
)
petitioner,
)
vs.
)
No. PCB 06-184
1 deposition is taken, and further that I am not a
2 relative or employee of any attorney or counsel employed
4
PEORIA COUNTY BOARD .
)
3 by the parties hereto or financially interested in the
5
Respondent .
)
4 action .
6
5
In witness whereof, I have hereunto set my
7
1 hereby artily that I have read the
6
hand and affix pay notarial seal September 18 006
foregoing transcript of my deposition given on September
7
S
13, 2006, at the time and place aforesaid, consisting of
,
pages I through 33, inclusive, and I do again subscribe
8
9 and make oath that the same is a true, correct,
and
complete transcript of my deposition so given
as
9
10 aforesaid .
/-
11
10
] 1
l 2
Please check one :
12
Ill . s CSR
Jones,
1084-003482CSR-RPR
13
I have submitted errata
.
sheet(s)
13
commission Expires 4/302010
15
No corrections were noted .
14
16
15
17
16
OFFICIAL SEAL
IS
LYNN SCOTT PEARSON
17
NOTARY
ANGELA
PUBLIC-STATE
M . JONES
OF ILLINOIS
19
18
MY COMMISSION EXPIRES 4.302010
20 SUBSCRIBED
before me this
AND
daySWORN
TO
20
19
21 of
, AD . 2006
21
23
Notary Public
22
24 My Commission expires
23
24
9/13/06 Lynn Scott Pearson
Condenselt"`
#084-003482 p]
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5 :1
actual
p]
20 :8
additional
[11
10 :19
address Ill
5 :13
addressed
[11
4 :15
affiliated
Ill
26 :18
affiliation [ l] 32 :7
affix p] 36:6
aforesaid [2] 34 :8
34 :10
again 121
24 :14
34 :8
against [s]
22 :12
22
:19
26 :18
26 :24
32 :3
ages i1 8:15
ago 121 29 :19
32 :23
agreement
p 1 4 :12
Akeson p 1
28 :4
allegations p 1 10 :11
almost
(I1
31 :3
among p]
31 :6
Amy p] 30:9
Angela p]
1
:0
35 :6
36 :11
answer [51
5 :8
5 :9
15 :9
23 :2
25 :10
answering (21 17 :10
17 :18
appeal p]
5 :1
APPEARANCES Ill
2 :1
application ps]9 :7
9 :18
16 :10 16 :17
17 :16 18 :7
18 :19
19 :2 19
:16 20 :2
20:7 21 :4 22:8
22 :19
24
:18
applications
Ill
23 :19
April
[31
10 :15
11 :12
21 :9
areapl 32 :10
Association
(i] 32 :20
assume [21
5 :8
18 :23
assuming
111
13
:22
ATKINS p] 2 :18
attend [21
9 :6
9 :9
attended
111
28 :13
attorney [21
35 :23
36 :2
Attorney's 111 2 :18
Auken [2)
19 :8
22 :7
avoid
Ill
5 :5
aware [21
7 :17
10 :19
away [2111 :13
13 :6
bade] 24 :15
Barb [2] 19 :8
22 :7
based
[31
22 :17
23
:24
24 :1
beautiful (I]
32 :16
began Ill
28 :9
Behalf [21
2 :8
2 :12
belief
p]
24 :16
bestm 16:6
Beth p 1 28 :4
big (2]
22
:5
22 :6
Bill (21 2 :18
29 :21
billboards 121 14 :2
14
:4
bit
p1
10
:13
12 :13
21 :22
Black
[21
2 :11
2
:11
32 :21
Candidates p] 27
:10
capacity 111
8
:24
Carap] 30 :11
carefully p] 35 :16
case
(51
4:21
8 :20
12 :9
23 :22
31 :22
casting
p]
22 :21
category
[I] 9 :20
Caterpillarp] 7 :2
Cathy p]
30 :7
cell
[21
6 :8
6 :10
CERTIFICATE (I]
35 :4
certify [4)
34
:7
35 :8
35 :20
35 :22
cetera p
1
13 :9
chairman p]
15
:17
chairmanships
[2]
15
:14
15 :21
Chamberp] 29 :19
cheapestp)
16 :8
check
pl
34
:12
child
p] 9 :2
children pl
8 :13
Chris
[1 1
30 :5
Christian p]
8 :22
Church 121
27 :19
27 :21
City pl 22
:13
City-County
p 1
14 :13
clarify [21
31 :4
31 :18
clerk [1] 7 :2
Club (71
7
:24
10 :21
25 :21
27 :8
27 :13
31 :13
32 :8
coffee p
1
23 :5
college
[2]
6 :16
6 :17
Columbus
pl
2 :3
coming
(l)
9 :4
commencing
p]
1 :0
comment
(sl
12 :7
12 :12
12 :15
12 :18
12 :23
Commerce
p l
29 :19
Commission 12]
34
:24
36
:12
commissioned [q
35 :7
Committee [21 15 :17
20 :17
Committees 12] 15 :15
21 :10
communicate
[51
24 :18
24 :19
24 :20
24
:23
31
:23
communicating [i 1
24 :22
communication (2]
5 :6
18 :24
communications [7]
computer-aided
(1]
28 :15
consideration
[21
10 :7
11
:1
consisting [q 34 :8
contents
[2]
10 :8
10 :24
CONTROLp11 :0
controversy
pl
35 :15
convenient
pl
9 :21
conversation
(2]
20 :6
21 :7
conversations 151
18 :3
20 :10
20 :16
28 :18
33 :7
Converse
[2]
17 :13
29 :16
converted]
35 :18
Cook (q 29
:21
correct
[2]
16 :2
34 :9
corrections p 1 34
:14
Council
p]
22 :13
counsel (2]
35 :23
36 :2
count
[11
13 :22
county (24]
1 :0
1
:0
5:2 5:17
8 :18
12 :1
12
:8
12 :13 12 :18 12 :22
14 :21 15 :6
15 :15
18 :7
20 :5
23 :1
23 :10
23
:12
28 :2
30 :19
32 :1
34 :4
35 :2
35 :8
couple
(I)
4 :23
court [2) 1 :0
5 :7
courthouse [l] 20 :20
CSR 121 1 :0
36
:12
CSR-RPR [21 35 :6
36 :11
cup
pl
23 :5
current 11
6 :19
DAVID (I]
2 :10
decision (21
23 :23
23 :23
decision-making (21
15 :5
22 :24
deliberations
111
11 :1
delivering[t] 25 :2
Democratic (2] 6 :5
discouraged p] 25 :2
discovery p]
4
:11
Disposal
[6]
1 :0
SIVERTSEN REPORTING SERVICE (309) 690-3330
#084-003482 - Disposal
Index Page 1
34 :3
1
p1
34:8
101
pl
2 :11
1201 [115 :14
13 [31
1
:0
35 :9
1400 p) 1 :0
35 10
150
W
8 :23
18
[11
36 :6
1984 [3127
:10
32 :6
1998 [116
:22
lst[1] 9 :15
20[q
5 :22
2000 [1] 14
:16
2001
[1114 :16
2005 (219
:16
2006 [5] 1 :0
34 :21 35 :9
204
p1
2
:3
3 [i]
6 :7
301q 18 :15
33
p1
34 :8
38 n[
8 :17
3rd
p]
9 :16
4 p]
3 :4
Blumenshine (81
10 :20
16 :24 17 :2
28 :6 31 :5 31
:10
31 :12 31 :22
board
p4]
1 :0
1 :0
5 :2
5 :18
5
:21
14 :21 15 :6
15 :15
15 :21 18 :7
18 :8
18:21
20 :5
20 :6
20 :22 23 :1
23 :10
23 :12 23 :19
25 :24
30
:18 30 :19
32 :2
34 :4
boundaries p] 32
:14
break
(21
9 :20
30 :23
BRIAN p] 2 :6
briefly
[21
9 :14
29
:18
Brown [71
2 :10
2 :11
15 :4
15 :11
15 :12
22 :23 33
:11
Bucklarp) 29
:14
bucks Ill
22 :6
business
Ill
20
:22
calls [41 16 :10
16 :12
16 :15
17 :9
campaign (I] 27
:24
candidate [21 32 :21
28 :12
deponent
pl
33 :15
deposition
(7] 1 :0
4 :11
4 :21
34 :7
34
:9
35 :20 36 :1
depositions pl 1 :0
desirable p] 15 :3
Dianep]
30:15
different (q 23'.3
direct
p]
12 :13
directly
pl
31
:23
9 :17
11 :24
12 :2
16 :9
22 :18
24 :12
25 :8
Company [4] 1 :0
5 :1
9 :7
34 :1
complete 11)
34 :9
computer Is] 11 :15
11 :16
11 :19 12 :8
12 :20
35 :19
concerning[i]
35 :15
conference 111 20 :20
connection
p] 23 :19
consider
121
25 :20
9/13/06 Lynn Scott Pearson
Condenselt T
5 :1
9:7
14:8
16 :10
34:1
disregard
DI
11 :24
distinguish [q 10 :13
district
[6)
6:6
8 :23
13:16
2215
32 :11
32:13
doctors [21
7 :16
8 :10
donation
[31
26:23
27
:3
27 :12
donations p 1 28:1
done [21 31 :3 33 :11
doorstep [ 11
13 :9
down (3)
5 :7
9 :20
23 :15
dozen p 1
13 :24
Dr [71
7 :12
7 :13
7 :13
7 :18
8 :6
8 :7
8 :7
duly [3)
4:3
35 :7
35 :13
during [41
9 :15
16
:16
18 :3
20 :5
duty
pl
25 :13
e-mail [21
12 :4
25
:11
e-mails
[121
9 :22
10 :1
10 :8
10 :12
10 :13 10
:21 11
:8
11 :14 12 :6 12 :21
24 :7
26 :5
ecological
[11 8 :4
education p 1 6:15
Edwards
[21
25 :20
25 :23
either [41
7 :21
8 :18
21 :3
28 :4
election [1]
5 :23
Elias [11 2 :7
Elmo[q
30 :13
19
:21
environmental [21
EXHIBITS (q 3:10
face-to-face [1128 :17
facility
pl
14 :9
factions
[q
24 :12
facts[ 11 10 :19
factual
pl
10
:11
fair[1) 5 :9
Families (2)
26 :18
26 :24
family
[41
7
:5
7 :15 8:9 29:17
far [21 4 :16 25 :11
faster [21
33 :9
33 :9
financially [11 36 :3
fine
pl
4 :19
first [31 4 :3
31 :16
35 :13
five[11 19 :13
fixed p126 :3
fliers [2)
13 :8
13 :11
fly-in
[11
29
:19
following [q 35 :10
follows [1]
4 :4
foregoing
pl
34 :7
forwarded (21 12 :7
12 :16
found
[21
9 :20
10 :12
four
[
11 32 :23
free
pl
11 :23
friend [al
18 :13
18
:14
18
:16
19 :11
19 :12
19 :14
28 :15
33 :5
full [1) 4 :7
function [21
23 :13
23 :18
functions p
l
28 :14
fund-raiser [21 31 :15
31 :16
funds [1]
32 :5
gentlemen
[11
20
:24
GEORGE
[11 2
:3
given (4)
24 :2
34
:7
34 :9
35 :21
giving [11
23 :4
goes
pl
22:23
good [3] 5 :12
8 :16
10 :15
Great [11
4 :20
group ml
9
:18
groups
pl
26 :14
guess (11
13 :24
gun
pl 21 :22
Half [11 13 :24
hand [11 36 :6
handouts [q
13 :12
hands
pl
24 :5
happy
pl
5
:5
Harant [4]
31 :9
31 :11
31 :20
31 :21
Harkrader
[4]
18 :10
19 :21
26 :6
26 :17
head
[51
5:6
5 :7
11 :22
23 :15
23 :16
hearing [71
17 :20
18 :3
20 :8
24 :11
24 :13
24 :17
30 :1
hearings (q
9 :6
9 :12
18 :21
28 :8
hereby [2)
34 :7
35 :8
herein
pl
1 :0
hereto [1]
36 :3
hereunto
[1
36 :5
highest[q
6 :14
holding
[1l
15
:22
homey)
6 :12
Homeowners [q
32
:20
honest p 1
14 :19
honestly [11
22 :3
hospitals [31
7 :6
7 :9
28 :1
hourp) 1 :0
Huh-uh p
1
17 :23
ICC [2] 6
:18
29 :24
Illinois pol
1 :0
1 :0
1 :0
2 :4
2
:8
2 :12
35 :1
35 :8
35 :10
36 :12
immediate
[21 7
:5
7 :15
impression [q 22 :17
inaction [q
5 :2
include pl
24 :7
inclusive pl
34 :8
INDEX p l
3 :1
indicated [21
28 :6
31 :5
individuals
pl
26 :21
inquiry
pl
15 :7
instruct [21
15 :8
23 :1
intended pl
5 :9
interest pl
8 :4
interested p
1
36 :3
issues [11
8 :4
itself
Ol
18 :8
Jpl
2 :6
JANAKI [1[ 2 :6
Janitor p1
9 :1
Jean p 1 30:13
Jeff
pl
28 :4
Jimul 20
:11
Jones [3)
1 :0
35 :6
36 :11
Joyce
[131
10 :20
16 :24
17 :2
28 :6
28 :12
28 :15
31 :5
31 :9
31 :11
31 :12
31 :20
31 :21
31 :22
judge (31
23 :20
23 :23
24 :1
jumping [1)
21 :22
11 :9
17 :14
23 :19
24 :15
knowledge [4) 8
:11
8 :12 21 :21 35 :14
landfill [131
13 :17
14
:6
14
:11 14 :13
14 :22
15 :2
22 :8
26 :9
26 :15
28
:19
29 :8
29 :11
31 :24
landfills [21
31 :20
32 :8
leader p
1
31 :13
leftpl 17 :10
legislative
[' l
23 :13
legislator [2)
23 :12
23 :22
letters [51
11 :3
11
:5
11 :8
13 :2
13 :4
level
pl
6 :14
Lisa
pl
30:3
listens
Ell
25
:24
literate Ell
12 :20
livepl 8 :18
long-time pl 18 :16
19 :12
19 :14
Lorenz [21
8 :7
33 :2
Lucky p1
6 :23
lunch p]
14 :20
Lynn p5)
1 :0
1 :0
3 :4
4 :2
4
:9
4 :11
4 :18
4 :19
4 :20
6 :14
15 :14
20 :4
31 :3
34 :17
35 :12
Mpl
1
:0
35 :6
36 :11
ma'am
pl
5 :12
6 :10
8
:13
machine[q
17 :10
Madison [q
5 :14
mailbox [q
13 :9
Main [411 :0
2 :7
2 :11
35 :10
Majority [q
22 :19
maps [1132 :16
March
p)
21 :9
MARKED p 1
3:11
married
pl
7 :3
Mary 141
18 :10
19
:21
26 :5
26
:17
matter p
l
5 :2
matters [11
35 :15
may [21 9 :16 25 :20
Mayvis
p
1
30 :17
McLeanpi
7 :12
McRae p
1
8 :7
mean (714 :16 13 :11
17 :21 18 :21 25 :1
29 :7
32 :23
means p
1
35 :18
meant [11
18 :23
medical [11
28 :1
meeting [61
11 :12
18 :6
20
:17
27 :9
27 :15
32 :19
meetings [61
18 :8
20 :4
20
:18
26 :13
27 :6
27 :18
Meginnes [2[ 2 :6
2 :7
member [vl
5 :17
5 :20
7 :23
7 :24
8 :2
20 :6
23 :12
25 :24
27 :21
members [81 7 :5
7 :15
8:9 18:7
20 :5 23 :10 23 :20
29 :16
membership [11
15 :6
mental [2)
15 :5
22 :24
merits [31
19 :2
20 :7
21 :4
mess [2) 18 :20
18 :22
message p
1
17 :6
messages
pl
17 :9
might [41
10 :12
16
:21
32
:23
33 :3
mind [21 15 :3
24 :4
mine [11 18 :13
Minneapolis
pl
9 :3
Minnesota [1l
9 :3
Miss [2] 4:14
4:17
money
[11
22
:5
morningp] 23 :10
Morton [q
2 :12
Moss-Bradley [2)
32 :10
32 :20
Mrs[q 4:18
Mueller p q
2 :3
3 :4
4 :6
4 :10
11 :21 15 :10 15 :13
23 :8 30
:22
31
:2
33 :9
NAIRp)
2 :6
name [2]4 :7
29 :23
SIVERTSEN REPORTING SERVICE (309) 690-3330
disregard - name
Index Page 2
keep [41 10 :15
11 :11 13 :5
Kim
[31 17:13
29 :17
kind
[11 16 :6
kinds pl
knew [37
26
:11
31 :5
8 :3
8 :4
errata
p 1
34 :13
ESQUIRE
[41 2:3
2
:6
2 :6
2 :10
estimate [1]
13 :23
et [11
13 :9
evidence (4)
21 :18
23 :21
23 :24 24
:2
Evidently [q
29
:22
examination [41
1
:0
3 :4
4 :5
35 :17
examined [21 4 :4
35
:17
expansion [41 14 :18
14 :22
28:19 32:3
expansions (21 29 :8
29 :12
expires [21
34 :24
36 :12
express [s]
19 :1
19 :15 19 :24 21 :3
21 :12 21 :15
22
:7
22 :10
face [11 29 :23
emphatically
[1]
11 :22
employed [21 35 :23
36 :2
employee
p 1
36 :2
employment 111
8 :21
encourage [21 19 :18
9/13/06 Lynn Scott Pearson
Condenselt
371
named
[I1
35:11
names (21
26:20
8:20
nature [2]
10:18
10 :14
Nebraska[I] 32:17
necessary
pl
9:13
neitherp]
35:22
never [31
182
7:21
25:1
Night
i 11
27:10
Nights
[11
32:22
Nobodyp]
13:5
NONE
111
3 :11
nonverbal p] 5:5
norp] 35:23
north [215 :14
32:17
notarial
in
36:6
Notary (3]
3423 35 :6
1 :0
noted [11
34:14
nothing [I]
35:14
notice p]
4 :12
1 :0
14:1
noticed [I
1
13:21
noticing p 1
14:4
November [3] 5 :24
9 :15
9:16
now [s] 8 :16
11 :23
1217:12:24 1523 16:19
24:10
32:10
number [21
6 :10
6
:12
oath [41 4:4
5 :3
34
:9
35 :17
object
p
1
15:8
Objection
22 :23
[21 15:4
occasion p] 21 :11
Office [l]
2:18
Offutt
[11
30 :3
Once [1128 :22
one15:23
p3l
517:3:24
2015:17:3
25:12 25:16 27:5
31
:15 32 :2
32 :5
33:4
34:12
one-on-one p] 18 :2
opinion [is]
19:1
19
:4 19 :6 19 :15
2119:17
:17
2120:1:23 2221:3:8
2229:5
:10
2929:2:8 2929:3:11
31
:19
32:8
opinions [3]
21 :15
24:18
25:2
opponent[i]
26:11
opportunity 111 9:11
opposed [21
14 :6
13 :17
opposition (3] 6:2
26 :14
28 :18
13:12
Parenthood
[5] 28:14
29 :6
29:10 31 :6
31 :19
Parker (1]
8 :6
Part [61
12
:7
12 :12
1232:22:10 12:23 15:6
phone [7]
6:8
6:10
16:10
16
:12
17:7
17:12
17:14
physically
pl
20 :19
place [2120 :16
34:8
places
[1]
31 :6
Planned [s]
28:13
29 :6
29:9
31
:6
31 :19
point
[1132
:5
policy
[1]
23:23
politician
[1)
14:1
POLLUTION
p1
1 :0
Possibly
(I]
21 :23
post p] 12 :18
prefer[I]
4:14
PRESENT 111 2 :17
presentations p]
26:1
presented [I] 24 :6
press [11 18:24
pretty(l)
10:10
proceedings
23 :7
[3115
:8
30:24
process
[5]
23 :11
20:5
24:11
24:13
24 :17
processes
22 :24
[2] 15:5
profession [21 6:19
7:1
professional7
:9
[1]
professor [1] 29:24
Prospect in 32 :17
public [111
1 :0
9:6
9:12
12:18
12 :15
12 :23
22 :19
22:22
24:24
35:7
34 :23
pulling
111
25 :12
purpose [I
]
20
:21
pursuant
[2)
1 :0
4:12
putp]
2922
qualified p]
35 :7
questions [s]
4:24
15:4
17 :18
31 :4
33:10
raise p] 32 :5
Ralph
111
29 :18
re-election [2] 16 :2
16:6
read tsi 10 :3
10:9
21 :19
21 :20
24 :4
25 :11
25 :13
34:7
reading ill
21 :1
really 111
13 :24
reason [21
14 :15
15 :22
receive
1s]
9:22
9:17
11 :3
16 :9
26 :5
received
11:6 11po]:24 12
10:1
:3
12:10 16
:13 17 :12
22 :18
27:12
27 :24
receiving [2)
10:16
10:22
Recess 111
30:24
record [51
4:10
4:8
11
:21
35:21
12:23
reduced pi
35:17
referred
p]
12:15
reflect
[I1
11 :21
regard [s]
11 :8
2512:2:7
13:1
13:6
regarding [4] 9:18
18:7
26
:14
31 :23
related
[1]
35 :23
relating
(1]
4:24
relationship
17 :22
[417
:9
19:10
26 :21
relative
pl
36 :2
remember[13] 10:22
1713:5
:10
1713:13:14
2016:19:3
20:19 21 :7 22 :1
26:7
27:14
33 :6
remembered p ]
25:15
remembering
25 :12
p]
rephrase p
l
5:4
reporterp]
5:7
representatives [n
26:14
Rescue 114
27 :16
respect [6]
19:6
29 :5 29:7 29
:11
31 :19
32 :8
respond p]
23
:2
10:5
29:3
Respondent
2:12
[3] 1 :0
34:5
responsibility23
:21
p]
retired [2]
6:20
6:21
return p]
17:9
reviewp]
9:11
reviewed (q 9:14
Riffle [1]
2 :7
right [9] 9
:2
11 :15
2512:9
:18
2516:7:21 2924:5:10
31
:11
river [21 27 :15 32:18
Roach
[I1
30:13
Rodney[1]
33 :2
rolep] 23 :11
roof[i]
26:3
room [2] 20
:8
20
:20
Rosson 111
30
:11
roughly (2]
32 :14
32 :15
RPR[p 1:0
rules 121 1 :0
4:13
ran
pl
26:20
running p I
16 :1
sill
34 :13
Saint
[ I ]
27:21
saithp] 33 :15
Salzer(3)
20 :11
21 :5
21 :21
Sat [1]
14 :21
Schlicksup [1] 30 :9
Scott [911 :0
3 :4
1
:0
4 :2
4:11
4 :9
7:19
35:12
34:17
seal p] 36:6
second p]
20:4
See [41
8 :16
14:2
13 :19
26 :21
Seghetti [I1
2 :7
sent [2] 10 :21
12 :21
separate p
1
20:14
September [41 1 :0
34:7
35 :9
36:6
servant [11
24:24
services
p]
27 :19
session [I]
23:9
set p]
36:5
seven]
29:19
shaking [I]
5 :6
sheet [1134 :13
shorthand p]
35:18
show[i]4 :10
Sierra (7]
7:24
10 :21
25 :21
27 :13
27 :8
31 :13
32 :7
signs [3113 :16
13 :19
14:1
simply [1]
22 :11
sisterp]
31 :17
sit [11
16:19
Smith p]
8:7
someone [2]
32 :4
29 :5
Sometime (I] 17:4
somewhere
11
:7
[s] 10 :2
14:16
16:14
29:1
Sophomore (l] 6 :16
sorry 11123 :17
sort
[I] 23
:20
South
111
2:11
Space [4]
11 :13
11 :15
11 :17
11 :18
speak
121
17
:15
5:3
special 111
21 :10
specific 121
25:16
33 :6
specifically12
:14
[2110 :20
spoke [2]
25:11
30:19
SIVERTSEN REPORTING SERVICE (309) 690-3330
named - spoke
Index Page 3
particular[3] 16:20
19:19
19:22
parties [3]
4 :12
35:24
36:3
party [I] 6
:4
passing 111
28:24
past p] 32:5
patient7:16 [4]
7 :12
7
:21
8
:6
patients p]
8 :10
Pause p 1
23:7
PCB [21 1:0
34:3
Pearson [12]
1 :0
1 :0
4
:9
3:4
4:2
4:11
4 :14
4 :17
34:17
4 :18 8:22
35
:12
pending (q
16 :17
people
24:17
[31
12:17
33 :4
Peoria
1 :0
[231
1 :0
1 :0
2:8
5 :
5:15 5 :17
7:6
7 :10 8:18
9:7
12:18 14:8
15:15
16:10 22 :13
26:18
28:12
26 :23 28 :2
34 :1
34 :4
35:10
period (21
9:15
16:16
person pl
9:18
22:13
35:11
personal 111 33:5
personally [i] 17:15
pertain p]
1 :0
Peter [1130 :3
petitioned [I 1 14:22
Petitioner
2:8
p]
1
:0
34 :2
petitioning p1 14:18
Phil p] 20 :11
Ozuna-Thornton p l
30:5
P .C m 2:7
Page [11 3:3
pages [I]
34:8
paid p] 22:5
pamphlet-type p]
organization 111
27:2
organizations
8:3
131
8:3 28:2
Ottawa p]
2 :4
outside24:13
[2]
20:7
overlap [1)
22:15
9/13/06
SS
pl
Lynn Scott Pearson
Condenselt
13''
35:1
standing[i]
5:23
start
p]
24 :17
started
y 1
24:11
state [4] 1:0
4:7
35 :1
35:8
State's [1]
2 :18
stenotype p1 35 :18
Steven
p]
8:7
Stevenson
[I] 30
:7
stick
p 1 29:9
stopped [ 11
29 .1
Storey [1]
30 :15
Street [s1
1 :0
2 :3
2 :7
2 :11
35 :10
strong p ]
26
:11
subject p]
15 :7
submitted
[1 1
34 :13
subscribe
p]
34 :8
SUBSCRIBED pl
34 :20
such [l1 5 :6
Suite [411 :0
2 :3
2 :7
35 :10
supporters p]
22 :11
supposep] 16 :14
supposed
p ]
24 :20
Supreme
p]
1
:0
sworn
[4]
4 :1
4 :3
34 :20
35 :13
taking [21
1 :0
11 :18
Tazewell [3]
1 :0
35 :2
35 :8
ten p1
19.13
terms [2]
10
:11
16 :20
testified
[3]
4 :4
30 :1
30 :18
testify [1]
35 :13
testimony [q 35
:21
Thank (21
10
:14
2517
Thanks p]
29 :4
thereafter p1 35 :18
thereupon
p1
35 :16
thinking [2] 10 :20
31 :8
Thomas [41
20 :11
22 :1
23 :9
27 :21
thought [4]
12 :22
20 :2
21 :12
23 :4
three p] 8 :10
threw p]
11 :13
through y]
15 :20
26 :20
34 :8
throw [11
13 :5
times (2)
20 :14
28 :21
together (3]
21 :10
25 :12
28 :13
Tom [31 25 :20 25 :23
29 :14
took [41 11:13
14 :20
25 :7
totality [q
touching pl
tour[l] 14 :20
town [1 ] 13 :19
Toxic [2)
26 :24
Tractor
p 1
transcript
[2]
34 :9
transcripts
[I]
translation pl
tried p 1 32:5
true (3] 7 :18
35 :21
truth [2] 35 :14
try [21
5 :5
turn p ] 12 :1
two [3] 14 :5
31 :17
two-minute [1] 30 :22
typewriting pl 35 :19
Wednesday y] 1 :0
weigh p]
23 :20
weighty]
25 :18
whereof p1
36 :5
whining [3]
21 :1
22 :3
22 :4
Williamp]
7 :18
winter p l
9 :4
witpl 35 :11
witness [II]
1
:0
SIVERTSEN REPORTING SERVICE (309) 690-3330
SS - Zwicky
Index Page 4
under
[1]
5 :3
understand [s] 5 :4
5 :10
11 :23 23 :13
23 :21
understood [31 5 :9
10 :9
23 :11
Unitarian[i] 27 :19
Universalist p 1
27 :19
unopposed
[ll
16 :4
up [8] 10 :15 11 :13
11 :14 11 :16 11 :18
13 :15 23 :15 24 :4
using p 1
35 :19
Van [2] 19 :8 22 :7
various
[1]
24 :12
Vidas
[11
7 :13
vote p q 10:15 14 :24
17 :4
17 :7
19 :18
19 :21 20 :1
20 :1
216 21 :13 22 :21
vs
[2]
1
:0
34 :3
wait p] 21 :18
waited [3]
11 :12
21 :19 24 :3
walked
[I]
32
:2
Waste [2]
26 :18
26 :24
website p 1
12 :18
3 :3
4 :1
4
:3
11 :16
11 :22
15 :5
15 :9
23 :1
35 :13
35
:21
22 :18
36 :5
35 :15
witnesses 111 9 :21
Women [I]
28 :13
worked p]
7 :8
works [71
26 :18
8 :22
7 :2
written p]
9 :17
yard [2]
13 :16
13 :19
34 :7
yearp] 9 :17
years [615
:22
15 :20
9 :12
18 :15
19 :13
29 :19
35 :19
32 :23
34 :9
yesterday
[1)
23 :10
Young p]
30 :17
35 :14
Zwicky[1]
7 :13
15 :10
20 :24
Exhibit 6
MICHAEL PHELAN
9-12-2006
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEORIA DISPOSAL r_OMPANY,
Petitioner,
)
-vs-
)NO . PCB 06-184
PEORIA COUNTY BOARD,
Respondent
.
The deposition of MICHAEL EDWARD PHELAN, a
material witness herein, called for examination
pursuant to notice and the Supreme Court Rules as
they pertain to the taking of discovery depositions
before Aana M . Giftos, CSR, RPR, and Notary Public in
and for the County of Peoria, and State of Illinois,
on Tuesday, September 12th, 2006, at 416 Main Street,
Suite 1400, Peoria, Illinois, commencing at the hour
o` 1 :00 p.m .
APPEARANCES :
GEORGE MUELLER, ESQUIRE
528 Columbus Street, Suite 204
Ottawa, Illinois 61350
and
JANAKI NAIR, ESQUIRE
BRIAN J . MEGINNES, ESQUIRE
Elias, Meginnes, Riffle & Seghetti, ° .C .
416 Main Street, Suite 1400
Peoria, Illinois 61602
on behalf of the Petitioner ;
DAVID A . BROWN, ESQUIRE
Black, Black & Brown
101 South Main Street
Morton, Illinois 61550
on behalf of the Respondent ;
Page 1
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
MICHAEL PHELAN
9-12-2006
ALSO PRESENT :
Royal Coulter, PDC ;
I N D E X
WITNESS
MICHAEL EDWARD PHELAN
Examinat -_o by Mr . Mueller
.
EXHIBITS
None marked .
. Pg .
Page 2
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
MICHAEL PHELAN
9-12-2006
Pages 3 to 6
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
Page 3
1
MICHAEL EDWARD P IIEI .A N .
A I don't know what's reasonable .
2
a material witness herein_ being dulN sworn . was
2
Q Fair enough . What's your educational
7
examined and testified as Billows :
3 background, sir?
4
EXAMINATION
4 A Attended Spalding Institute, I attended
5
BY MR . MUEI .I .IER :
Illinois Central College for three years, studied
6
Q Would you state your full name, please?
A Michael Edward Phelan .
6
political science .
Q Do you have a degree?
8 Q This is the deposition of Michael Phelan
A No .
9 taken pursuant to notice, in accordance with the
9
Q When you studied political science at
10 rules and by agreement of the parties .
1 0
Illinois Central College, did you ever happen to
11
Mr . Phelan, have you ever had your
11
take any courses from Mr. Thomas?
12 deposition taken before in any case for any reason? 12 A Yes . I did .
13 A Yes .
13
Q Sir, what is your profession?
14
Q So you're generally familiar with the
14
A I work for the Peoria Journal Star in the
15
ground rules in terms of procedure?
15
production department .
16
A I believe so
.
16
Q What's your title there?
17 Q
You understand that you're under oath
1
A I don't know that I have a title . I work
15
today, is that correct?
1 8
in production in the distribution and packaging
19 A Yes . I do .
19
department
.
20 Q Mr . Phelan, what is your address?
20
Q How long have you been with the Journal
21 A 1513 East Moneta. M-O-N-E-T-A . Peoria
21
Star?
22 Heichts .
22
A 28 years .
23 Q You area Peoria County Board member?
2 3
Q What is your home telephone number, sir?
24 A
Q
A
Yes . sir .
Page
4
How long have you been on the board?
Finishing up my second four-year term, so
24
2
A
686-8182 .
Page 6
Q Do you have a cell phone?
A No .
3 close to eight years .
3 Q Mr. Phelan, you have produced certain
4
Q You're running for reelection this fall?
4
documents to your attorneys in connection with the
5 A Yes, I am .
.= production request on this appeal .
6 Q In which party?
6
Did you bring any additional documents with
7
A The Democratic party .
7 you today?
8
Q Did you have opposition the last time you
8
A No .
9 ran?
9 Q Did you produce all of the documents that
10 A Yes, 1 did .
10
were requested that you had in your possession
11 Q Do you remember your margin of victory? 11 under your control?
12 A I believe I had 65 percent of the vote .
12 A Yes .
13 Q In terms of absolute or raw numbers, do you 1 3 Q Sir, do you have any relatives who are
14
remember what the margin was?
14 employed by any of the hospitals in Peoria?
15 A No, I really don't . I want to say it
15 A Yes . I do .
16 was -- there were over 3,000 votes casted, 1
16
Q Who would that be and what would be the
17 believe . I really don't know that answer.
17
nature of that employment?
18
Q I'm just trying to get a sense of how big
1 8
A I have several cousins who arc nurses . and
_9
these districts are .
1 9 some work at Proctor . I think some at OSP .
20
A Each county board member represents roughly
20
Q Do you have any immediate family members
21 10,000 people
. There's roughly 180,000 people in
21
who have any professional affiliation with the
22
Peoria County . So I think I won by 7 or 800 votes .
22
hospitals?
23 Q So 3,000 is a reasonable turnout in the
2 3 A No .
24
county board election?
- 24 Q Have you ever been affiliated with any of
MICHAEL PHELAN
9-12-2006
Facie 7
.`aae
I. the hospitals?
came in at the public hearing?
2
A No .
A The evidence and the tacts . res .
3
Q During the course of your being on the
Q Well, what's the difference between the
4
county board while the Peoria Disposal Company
4
evidence and the facts
application was pending, what was your
A I don't know . I can't answer that . Than
6 understanding of the correct procedures or rules to
E
was -- the facts were the term that Mr . Atkins used
be followed by board members in connection with
.
when explaining the rules of the Peoria Counts
communications with members of the public?
F Board
. We used thcts. I guess 'ou're using
A
'that communication was allowed but
" evidence .
_
discussion was not
.
10
Q Could you gather facts from sources other
_ 1
Q Can you distinguish for me the difference
1 :
than the public hearing?
_2 between communication and discussion?
12
A I don't recall that . that pan ol'what
13
A Discussing how we would rote or how we felt
13 could he used and what couldn't he used coming up .
14 about the case or am of the facts . We were not to
'_4 I don't recall Mr
. Atkins and the State's
1 5 discuss that with the public but that we could take
15 Attorney's oil -ice advising us on that particular
16 phone calls and listen to their concerns
.
16 item .
17
Q Was your understanding that the same rules
1-
Q Well, was it your belief that you could
18 applied to your communications with representatives 18 gather facts from sources other than the public
19 of the actual participants at the hearing?
19 hearing?
20
A
Can you repeat that'?
. 20
A Yes . In general\yes .
21
Q Let me ask it a different way
. It was your
21
Q
Did you receive communications from members
22 understanding that you could listen to members of
22 of the public including representatives of
2 3 the public and get their input and opinions on the
23 opposition groups during the hearing process?
24 siting application?
24
A Yes. I did
.
Page 8
A
I don't believe I had an understanding that
I was to take their testimony into account on the
facts, but I do -- the way I understood the process
that the public was allowed to weigh in on this
.
•
That they were allowed to weigh in only at
the hearing or privately to you as well?
A
Both .
•
Was it also your understanding that
representatives of the participants could weigh in
to you privately?
A
Could you repeat that again?
•
Was it your understanding that
representatives of the participant groups could
weigh in to you privately or did you think that a
stricter set of rules applied to them?
A My understanding was that they could weigh
in .
•
So, for example, if during the hearings I
had come to you to give you some little morsel or
tidbit about the evidence, you would not have told
me to go away? You would have listened to me?
A Yes, I would have .
•
Now, was it your understanding that your
decision was to be based only on the evidence that
Page 10
Q Mr . Brown suggested that you actually may
have pretty good recollection of some of those
specific communications. So maybe we should just
follow that for a while .
Can you tell us who you specifically
7
6
remember receiving communications from?
A Am communications?
6
Q Yes
. We'll narrow it down as we go or if
9
you want, I will narrow it down first .
10
A No . I recall some . yes .
11
Q Go ahead .
12
A Mans letters . lots of phone calls, lots of
13 F:-mails
. people that might run into me on the
14 street or in public might express an opinion, even
15 at work .
16
Q
To be fair, let's break it down into the
17 categories that you've identified .
10
You said you received lots of letters?
19
A Yes .
20
Q
Let's distinguish letters from E-mails .
21
A Okay .
22 Q
How many letters would you say you
23 received?
24
A Literally dozens .
Pages 7 to 10
PEORIA DISPOSAL COMPANY v .
PEORIA COUNTY BOARD
PCB06-184
MICHAEL PHELAN
9-12-2006
Page i1
Q More or less than 100, if you know?
A I don't know specifically . but I would say
it could have been more than 100 .
5
Q So it's up there in that 100 range?
5
A Yes
. Some might have been from the same
6 person on several ditierent days .
7
Q All right. Are there any particular
letters that stand out in your recollection?
9
A Well . I think the ones from my own
10 constituents probably stand out because I paid more
1 attention to those. I think .
_ _ Q You know, that reminds me
. Can you provide
13 us with the approximate geographic boundaries of
your district?
15
A Yes . sir . I represent all of Rroria
16 I leights . all of Richwood's Township and several
17 city precincts roughl\ starting at the very end of
18 the north end around the Bemis Plant. going along
1 9 the river north to rouehl_c Forest Park Drice and
20 west roughly to the east side of Knoxville .
There's three City of Peoria precincts . all
_2 of the I fan ard area and along Grand View Drice and
23 north on Prospect .
24
Q So that sounds like a substantially spread
Page 12 .
1 out district?
2
A I don't know how to answer that .
3
Q All right. Don't need to. Anyway, you
4 said you paid more attention to the letters from
5 your constituents?
6
A Yes .
7
Q
Any of those that you can particularly
8
remember?
9 A Dr . Rashid . several in the McGee family .
10 Tessie Bucklar, Converse family, Stevensons,
11 Schlicksups . That's my recollection right now .
12
Q Those are all constituents of your
Q assume that the\ night he . but that's-- I don't
10C know .
11 Q What would make you assume that?
12
A I believe the Converse . Mr . Converse and
13 Mrs . I believe they're Republicans .
14
Q Now, you're running unopposed for office,
22
Q No one ever approached you and said
23 something to the effect of if you vote in favor of
2 4 this application you can rest assured that you'll
Pages 11 to 14
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
_"Oe
1
3
4
5
6
7
8
9
1 C
out?
A Welllas 1 said . I recall mainly ms own
constituents because I represent those people and I
paid a little hit closer attention to them and made
sure I tried to call them hack
.
Q
A
Q
You said you also get E-mails?
Yes .
Approximately, how many F-mails would you
say you got?
A There again . I'd sac dozens. not may he
11
nearly as many letters but quite a few .
12 Q Would that group encompass some of the same
13
people, members of the Converse family . Stevenson,
14
Bucklar, so forth?
15 A Yes .
16 Q So you got multiple communications from
17
some of the same individuals?
18
A Yes . I did .
19
Q You said you got phone calls . How many
20
phone calls would you say you got?
21
A Probably dozens again
.
22
Q Do any of those stick out in your mind?
23 A
No
. because I think that's a little harder .
24
Typically . you don't put a face or name . You're
2
Page 14
hearing a voice and none really stick out .
Q You had mentioned something about you're a
3 Democrat in a district with a lot of Republicans?
4 A Yes .
5 Q
I take it you're inferring that Cathy
6 Stevenson and Ken Converse are Republicans, to your
8
knowledge'!
A I really don't know what they are . I would
1 5 correct?
16 A Yes.
17
Q
Did you ever have H conversation with
18 anyone about your vote on this facility being a
19
factor in whether or not the Republicans would run
2 0
a candidate against you?
21
A No .
1 3 district?
14
A Yes .
15 Q You've got a lot of our opponents living by
16 you .
17
A A lot of Republicans for a Democrat .
18 Q
Dr. Rashid, who's he?
19 A
I believe he's retired now, but I'm not
20 certain . He lives I think on Golf Crest .
21 Q
Is he someone that you know personally?
22 A No .
23 Q What is it about his letter to you that you
24 recall or that makes your recollection of it stand
MICHAEL PHELAN
9-12-2006
4
6
8
10
12
13
•
How about did Tessie Bucklar ever make that
14
implication?
15
A No .
16
•
How many times did you speak with Tessie
17
Bucklar?
18
A Prohahly two or three times .
- 19
•
We're talking about the period while the
application was pending?
A Yes .
•
Do you remember the substance of any of
those conversations?
from Dun lap that was very hostile . I think all the
Count> hoard members got it . saying something to
that effect
. I don't even recall the name . I just
remember it "as a yen hostile letter .
•
Did Cathy Stevenson ever imply that you
would have opposition?
A I never spoke "ith her .
•
You've never spoken with Cathy Stevenson?
A No .
1
A Yes, I do .
1
2
Q
Go ahead .
2
3
A I believe the first conversation was I
3
4 think she wanted to know how I was going to vote 4
5 and explained to her that I base my vote on the
6 facts and the facts weren't all in . We had to go
6
7 through the process and that that's what I was
7
8 going to do .
8
9
She became pretty upset with me, if 1
9
10 recall . I said, Well, there's a process that we
10
11 have to go through . and I can listen to you but 111
12 can't make any comments to you either way
.
12
13
She became rather irritated with me for not
13
14 going any further . I said . I will be happy to hear
14
15 what you have to say, but I'm not going to engage
. 15
16 you in a conversation on the merits or demerits of 16
17 this particular issue
.
17
18
That was the extent of the first
' 18
19 conversation pretty much .
19
20
Q
Second conversation .
20
21
A She became interested more in the process
21
22 and how things were going to work, and I advised
22
2 3
her to call I think it was Patrick Urich to get
23
2
4 more of the ground rules, to have someone on the 24
Page _ ,
staff explain to her more full> the ground rules
and hos the) would "ork .
Then I believe she "anted to kno" about the
perpetual care fund and she talked about that : but
.
there again . I referred her to the staff .
•
Do you know Cathy Stevenson personally?
A Yes. I do .
•
Do you or any members of your immediate
family have any social relationship with her or any
members of her immediate family?
A No . not that I'm aware of .
•
Do you or any members of your immediate
family have any social relationship with any
members of the Converse family which would include
Schlicksups?
A No
.
•
Have you ever received a campaign
contribution from any Stevenson, Converse or
Schlicksup?
20
A Never.
21
Q
Now, you also I take it received some
22 flyers at your home?
2 3
A I'm not sure what you're Deterring to .
24
Q
Well, we've gotten some flyers put out by
Page 16,
Page 18'
groups like the Sierra Club and Tom Edwards River
Rescue that were handed out in various
neighborhoods or put up underneath front doors
.
I'm just wondering if you got any of those?
A I don't recall : hut . once again. I received
lots of communication from Tom . I don't knos ho"
it got to me . whether it came from the count\ . but
I don't Decal I any put on the doorstep.
•
Do you have a personal relationship with
Tom Edwards?
A No .
•
Did you attend the public hearings?
A Yes . I did .
•
How many of the days were you there for?
A I can't recall . but I want to say probably
at least tour. I think. part of the days .
•
Did you read the transcripts for those
periods when you were not present?
A Yes . I did .
•
During the time that you attended the
public hearings, I presume you probably became
acquainted with who the speakers for the opposition
group were because they were all allowed to
cross-examine witnesses, is that a fair statement?
Pages 15 to 18
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
Page 15
i have opposition in November?
A No . That "as not said ionic .
Q Did anyone ever imply that to you?
s
A
T here "as a gentleman "ho sent a letter
MICHAEL PHELAN
9-12-2006
Page 19
Page
A I probably did . I don't recall am
spcciticallc . but I usualk stay atier and talk a
lot . So it could havc occurred- N es .
Q Were you aware that there was a sizable
opposition group within the St . Thomas parish?
A There again . sizable. I don't know what )ou
mean bs sizable .
Q There were a fair number of vocal opponents
that were members of the St . Thomas parish .
Were you aware of that?
A fair number
. I'mawareoflheStc'enson
famih . I don't know of --
I believe Dr . Rashid
still attends St . Thomas
. I don't -- the rest I
don't know .
Q Did you ever feel any pressure from any of
the parishioners, any of your fellow parishioners
to vote against the expansion
A No .
Q
Are you a member of any groups or
organizations that have environmental concerns such
as River Rescue . Sierra Club, any other
organization like that?
A No.
Q Have you ever been a member of such a
Pags 22
group?
A I think at one time I might have been a
member of -- well
. I was a member (it the Wilderness
Society . I can't recall if ever the Sierra Club .
Nature Conservanev .
•
How long ago would you have been a member
of the Nature Conservancy??
A Prohahl 20 years ago probahlc or more .
MR . MUELLER : Can we take a short
break .
(Recess from 1 :37 to 1 :43)
MR . MUELLER : Back on the
record
.
B
Y
MR . MUELLER
•
Do you know a Sharon Morris?
A No . I don't even recognize the name.
•
Is 4311 West Lora Ann Lane, L-O-R-A, A-N-N,
Lane in your district?
A I don't even recognize that street let
alone the name .
•
Well, that was easy .
Now, with regard to all of these E-mails
and letters that you got, what did you physically
do with them?
A I think shortly after the vote was
Pages 19 to 22
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
A
Q
Yes . I think so .
My question simply is, do you have a
1
~.
4
5
6
F
9
personal or social relationship with anyone that
you know to be involved on the opposition side?
6
A No
. I don't believe so .
Q Did you have a lot of yard signs opposed to
the landfill in your district?
P
A I don't know about a lot . I saw y and signs
y
in the district_ yes
.
10
11
Q How many would you estimate that you saw?
A Oh . boy . the% seem to he clustered
. So it
17
_
13
14
15
16
i?
1C
12 might he deceiving . I don't know . May he a couple
of dozen .
1
Q Did you also see billboards opposed to the
15 expansion?
16
A I don't recall billboards .
7
Q Did you ever go on the website of any of
the opposition groups to review the website's
9 contents?
19
2C
A No .
2 G
21
Q Are you aware that Peoria Families Against
2'1
22 Toxic Waste had a website called www .notoxic
22
23 w aste.or g?
23
24
A I don't recall t hat . n o .
24
1
Page 20
Q Do you have any specialized knowledge
1
regarding landfills?
2
3 A
No .
4
Q Have you ever been at the PDC facility?
4
5 A No . I don't think I have .
L5
6
Q Have you ever taken a tour of any landfill?
0
1
A
Q
A tour, no .
Have you ever been on the premises of any
1
9
other landfill?
9
10
A Yes, I have .
10
Q What landfill would that be?
11
12
A
The county's landfill .
12
13
Q What was your purpose for being there?
13
14 A I remember I think I drove out there when I
14
was first elected to the county board, and I
15
16
believe years ago I might have been there taking
15
17
things out there on -- to dump items .
17
19
Q You're a member of St . Thomas Church, is 12
19
that correct?
,19
20
A That's true .
20
21
Q Did you have any discussions ever at the
21
22
church either before or after services or for any 22
23
other reason with other parishioners about the
._.
24
facility?
2 4
MICHAEL PHELAN
9-12-2006
19
2C
21
22
2 3
24
12 A I can't recall if it was Iwo or three . It
12
1 .3 ma) have been three conversations . but I really --
13
14 I can't say for sure .
14
15 Q Do you remember anymore details about any 15
16 of the conversations other than what you've already 16
17 related?
17
18 A I think I explained - I know she wanted to
18
19 know the process and the appeals process and the
19
20 11'PA's website and things like that . There again .
20
21 it there was a third conversation about those
21
22 issues . I referred her directh to the stall .
22
2 3
Q Did you ever meet with or have phone
2 3
24 conversations with any other board members about 24
hearings?
A I don't recall her from the hearings .
•
So you don't know her at all?
A Amy?
•
Yes .
A No .
•
Do you know Bill Cook?
A Don't even know the name, no .
•
Do you know Lisa Offutt or Peter Offutt?
A Once again . I don't even recognize the
names .
•
Do you know Chris Ozuna-Thornton?
A No . I don't know . I do recall I think
Pages 23 to 26
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
Page 23
P_qe
concluded like I do with most of m' counts things I
2 get rid of it . just throw it out .
1 the final decision before it was actually voted on?
A I didn't meet with an' one . I think I might
3
Q Did it ever occur to you while you were
3 have had a phone conversation or wso .
4
receiving that material that you should be turning
5 it in to the county clerk?
4
Q Who did you have a phone conversation with?
A Sharon Kennedy .
6
A No . I don't recall that .
6 Q What was the substance of that
Q As a matter of fact, you did not turn stuff
7
conversation?
8 over as you got it, is that correct?
8 A She wanted to know how I was going to rote .
A No .
9 Q What did you tell her?
1
Q
No, it's not correct or --
13 A I said I hadn't made up m' mind . but I
11
A No . son are correct . I did not turn it
11 think that was the night of the hearing or the week
12 oser .
12 that the hearing gas being concluded . I told her I
13
Q Okay . Do you know Jeff Akeson or Beth
13 was leaning towards opposing the application .
14 Akeson?
14 Q Did she give you any input of her own as to
15
A No . I do not .
15 what she thought you should do?
16
Q Do you know Joyce Blumenshine?
16 A Yes . she did .
17 A Yes .
1 7 Q What was her input?
19 Q
Did you know Joyce Blumenshine before this
18 A She was lobbying people to support the
proceeding started?
1 9 application .
A lust from appearing at county hoard
20
Q Now, you testified that you know Kim
meetings . No . I don't know her to speak .
2 1 Converse, correct?
Q Did you ever have any direct conversations
22
A No . I don't know her.
with her about the landfill while the application -
23 Q
You don't know .
was pending?
24
A
I know who she is from the hearings
A
Q
district?
A
Q
A
Q
Tessie
A
Q
you said
Page 24'
I don't recall am conversation . n o .
I take it she's not a resident of your
I believe she is . I think she is .
Do you know Tom Bucklar?
No . I do not .
You've talked about two conversations with
Bucklar .
Yes .
There was apparently a third one I think
you had, also.
2
5
6
-
8
9
10
11
Q
Page 26
All right . You had never met her before
the hearings?
A No .
Q Do you know Ted Converse other than through
hearings?
A No . Well . I don't know who he is . I don't
know led Converse .
Q Do you know Ralph or Jane Converse?
A Just from them identifying themselves at
the hearings . So. no . I do not know them at all .
Q Do you know Amy Schlicksup other than the
MICHAEL PHELAN
9-12-2006
Page
1
that's the person I received a communication from
.
I recognize that name, a letter I think or an
3
E-mail .
4
Q
Now, when you got letters and E-mails from
people, would you call them back or only if they
6
left phone messages for you because you said you
typically called your constituents back?
s
A My policy was if they were a constituent of
9
mine . I'd tried to let them know I got the
1 0 communication . If they weren't in the district . I
11 didn't call them .
13
12 Q
Do you know Elmo Roach or Jean Roach?
A No .
11
'-
4
Q Do you know Cara Rosson?
A No
.
1 6
Q
Do you know Bill Scott?
7 A No .
238 Q
Do you know Diane Storey?
19
A No .
20
Q Do you know Mayvis Young?
2-
A Just from being at the hearings .
22
Q
Have you ever had any dealings either
2 3 personal or professional with any of the doctors
24 that were vocal in their opposition, and let me
Page 28
1 give you some names so we're not guessing at them,
2 Dr . Vidas, Dr . Zwicky, Dr
. Parker McRae, Dr . Smith
3
or Dr . McLean?
4
A I recognize some of those names . but I
5
don't believe I know any of them .
6
Q
Ever been treated by any of those
7
individuals?
8
A I don't helieyc so
. no .
9
MR . MUELLER
: Thank _you . sir . That's
10 all the questions I have
.
11
12
(Further deponent saith nut .)
1
14
15
16
17
18
19
20
21
22
23
24
Pages 27 to 28
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
MICHAEL PHELAN
9-12-2006
STATE OF ILLINOIS
SS
COUNTY OF PEORIA
I, Aana M . Giftos, CSR, RPR, and Notary
Illinois,Public
in anddo
herebyfor
thecertifyCountythatof Peoria,heretofore,
Stateto-wit,of
beforeon
Tuesday,me
at
September416
Main Street,12th,
2006,Suitepersonally1400,
Peoria,appeared
Illinois :
MICHAEL EDWARD PHELAN, a material witness
herein .
I further certify that the said witness was
by me first duly sworn to testify to the truth, the
whole truth and nothing bun the truth in the cause
aforesaid ; that the testimony then given by said
witness was reported stenographically by me in the
presence of said witness and afterwards reduced to
typewriting, and the foregoing is a true and correct
transcript of the testimony so given by said witness
as aforesaid .
I further certify that the signature of the
witness was not waived .
I further certify that I am not counsel for
nor in any way related to any of the parties to this
suit, nor am I in any way interested in the outcome
thereof .
In testimony whereof, I hereunto set my
hand and affix my notarial seal on this day, Tuesday,
September 19th, 2006 .
Aana M . Giftos, Certified Shorthand Reporter
(State of Illinois License #084-003571)
My commission expires 07/24/07 .
OFFICIAL SEAL
AANA M GIFTOS
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION
EXPIRES
:0112410 ,
r
Page 30
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
I
12
:23 14:2,18
15 :14,20 17 :3 .4
19 :8 20 :23 23
.23
24 :7.1521 .24
absolute
4
:13
accordance ') :9
account 8 :2
acquainted
18:22
actual 7 :19
actually 10:1 25 :1
additional 6 :6
address 3 :20
advised 16:22
advising
9
:15
affiliated 6 :24
affiliation 6:21
affix 30 :17
aforesaid 29:9,11
30 :9,12
after 20 :22 21 :2
22 :24
afterwards 30 :10
again 8 :11 13 :10.21
17:5 18:5 21 :6
24 :20 26 :21 29:10
against 14 :20 19 :21
21 :17
ago 20 :16 22 :6.8
agreement 3 :10
ahead 10:11 16 :2
Akeson 23 :13.14
allowed 7:9 8:4,5
18 :23
alone 22 :19
along 11 :18,22
already 24:16
Amy 26 :11,15
Ann 22 :16
answer4 :17 9 :5
Anyway 12 :3
apparently 24 :10
appeal 6 :5
appeals 24:19
APPEARANCES
1 :15
appeared
30:4
appearing 23 :20
application 7 :5,24
14:24 15
:21 23 :23
25 :13,19
applied
7:18 8 :15
approached 14 :22
approximate
11 :13
Approximately
13 :8
area 11 :22
around 11 :18
assume 14 :9.11
assured 14:24
Atkins 9 :6,14
attend 18 :12
attended 5 :4,4
18 :20
attends 21 :13
attention 11 : 11
12 :4 13 :4
attorneys 6:4
Attorney's 9 :15
aware
17 :11 19:21
21 :4,10,11
away 8 :21
A-N-N 22 :16
B
back 13 :5 22 :12
27 :5,7
background 5
:3
base 16 :5
based 8 :24
20 :22 23 :18 25 :1
26 :1 29 :1 .20 30 :5
behalf 1 :2024
being 3 :2 7 :3 14 :18
20:13 25 :12 27 :21
belief 9:17
believe 3 :16 4 :12
4
:17 8 :1 12 :19
14 :12.13 16 :3
17 :3 19 :5 20 :16
21 :12 24 :4 28
:5,8
Bemis 11 :18
Beth 23 :13
between 7 :12 9 :3
big 4 :18
Bill 26 :18 27 :16
billboards 19 :14,16
bit 13 :4
Black 1 :22 .22
Blumenshine 23 :16
23 :18
board 1 :2,7 3
:23
4:1 .20.24 7 :4.7
9:8 15 :6 20:15
23 :20 24:24 29:2
29:6
Both 8 :7
boundaries 11 :13
boy 19 :11
break 10 :16 22 :10
BRIAN 1 :18
bring
6
:6
Brown 1 :22,22
10 :1
Bucklar 12 :10
13 :14 15 :14,18
24 :5,8
call 13 :5
27 :11
called 1 :10 19:22
27 :7
calls 7 :16 10:12
13
:19.20
came9:1 18 :7
campaign 17 :17
candidate 14 :20
Cara
27 :14
care 17 :4
case 3 :12 7 :14
casted 4 :16
categories 10: 17
Cathy 14 :5 15 :9,12
17:6
cause 30:9
cell 6:1
Central 5 :5.1 0
certain 6 :3 12 :20
Certified 30:22
certify 29:8 30 :4,8
30:13 .14
check 29:12
Chris 26 :23
church 20:18.22
city 11 :17,21
clerk
23 :5
close
4
:3
closer 13 :4
Club 18 :1 21 :21
22:4
clustered 19:11
College
5
:5
.10
Columbus 1 :16
come 8 :19
coming
9:13
commencing 1 :13
comments 16 :12
commission 29 :23
MICHAEL PHELAN
9-12-2006
Pace 31
7 :8 .18 9 :21 10:3,6
10 :7 13 :16
Company 1 :4 7 :4
29 :3
complete 29:10
concerns 7 :16
21 :20
concluded 23 :1
25
:12
connection 6:4 7
:7
Conservancy 22 :5
22:7
consisting 29
:9
constituent 27:8
constituents 1 1 :10
12 :5 .12 13 :3 27 :7
contents 19:19
contribution
17 :18
control 1 :2 6:11
29 :2
conversation 14:17
16:3 .16.19 .20
24:1 .21 25 :3,4.7
conversations
15 :24 23 :22 24:7
24 :13,16 .24
Converse 12:10
13 :13 14 :6,12,12
17:14,18 25
:21
26 :4.7.8
Cook 26:18
correct 3 :18 7 :6
14
:15 20:19 23 :8
23
:10,11 25
:21
29 :10 30:11
corrections 29:15
Coulter 2 :2
counsel 30 :14
county 1 :7 .12 3
:23
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
30:23
4 :20,22,24 7 :4 9 :7
C16:23
27:5
communicationcommunications7:12
18:627:1,107:9
233015:1,5,20
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2920:6:15
A
12 :2
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16 :9.13 .21
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19 :3 25 :2
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I
county's 20 :12
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course 7 :3
courses 5 :1 1
Court 1 :11
cousins
6 :18
Crest 12 :20
cross-examine
18 :24
CSR 1
:12 30:3
D
D 2:4
DAVID 1 :22
day 29:20 30:17
days 11
:6 18 :14.16
dealings 27 :22
deceiving 19:12
decision 8 :24 25 :1
degree 5 :7
demerits 16 :16
Democrat 12 :17
14:3
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department 5 :15
difference 7:11 9:3
d
di
di
di
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D
di
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7 :11
10 :20
distribution 5 :18
district 11 :14 12
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22 :17 24:3 27 :10
districts 4 :19
doctors 27:23
documents 6:4,6.9
doors
18
:3
doorstep 18 :8
down 10:8,9.16
dozen 19:13
dozens 10:24 13 :10
13 :21
Dr 12 :9.18 21 :12
28 :2.2 .2,2,3
Drive 11
: 1922
drove 20:14
duly 3 :2 30 :8
dump 20 :17
Dunlap
15 :5
during 7 :3 8 :18
9 :23 18 :20
3 :1,7 29:17 30:6
employment 6 :17
encompass 13 :12
end 11 :17,18
engage 16:15
enough 5 :2
environmental
21 :20
errata
29 :13
ESQUIRE 1 :16.18
1 :18 .22
estimate 19:10
even 10:14 15 :7
22 :15 .18 26 :19 .21
ever 3 :11 5 :10 6 :24
14 :17 .22 15 :3 .9
15 :14 17 :17 19 :17
20 :4.6.8,21 21 :15
21 :24 22:4 23:3
23 :22 24 :23 27 :22
28 :6
evidence 8:20.24
9
:2 .4 .9
examination 1 :10
2 :7 3:4
examined 3 :3
24 :18
20 :24
fact 23 :7
factor 14:19
facts 7 :14 8 :3 9:2.4
9 :6.8,10.18 16 :6.6
fair 5 :2 10 :16 18 :24
21 :8.11
fall 4:4
familiar
3
:14
Families 19 :21
family
6:20 12:9.10
13 :13 17 :9.10.13
17:14 21 :12
favor 14 :23
feel 21 :15
fellow 21 :16
felt 7:13
few 13 :11
final 25 :1
Finishing 4:2
first 10 :9 16 :3 .18
20:15 30 :8
flyers
17:2224
follow 10 :4
followed 7 :7
follows 3 :3
foregoing 29 :8
30:11
Forest 11 : 19
forth 13 :14
four 18:16
four-year
4 :2
from 5 :11 9 :1 18
MICHAEL PHELAN
9-12-2006
Page 32
further 16 :14 28 :12
30:8.13.14
G
gather 9 :10 .18
general 9:20
generally 3 :14
gentleman 15:4
geographic 11 :1 3
GEORGE 1 :16
Giftos 1 .12 30:3 22
give 8 :19 25
:14
28 :1
given 29:8.11 30 :9
30 :11
go 8 :21 10:8,11
16 :2,6.11 19:17
going 11 :18 16:4.8
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good 10 :2
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Grand 11 :22
ground
3 :15 16 :24
17 :1
group 13 :12 18 :23
21 :5 22 :1
groups 8 :13 9
:23
18 :1 19 :18 21 :19
guess
9:8
guessing 28 :1
H
PEORIA DISPOSAL
COMPANY
V
. PEORIA
PCB06-184
COUNTY BOARD
fferent 7:21 11 :6 Edwards 18 :1 .10
explaining 9:7
9:21
10:6.20 11 :5
hand 30:17
rect 2322
effect 14 :23 15 :7
express 10:14
11 :9 12 :4 13 :16
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rectly 24 :22
eight 4:3
extent 16 :18
15 :5 17 :18 18 :6,7
happen 5 :10
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either 16 :12 20:22
E-mail 27:3
21 :15 22 :11 23 :20
happy 16:14
scuss 7:15
27 :22
E-mails 10 :13 .20
25 :24 26 :9,13
harder 13 :23
iscussing 7:13
elected 20:15
13 :6,8 22 :21 27 :4 27:1,421
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scussion
7 :10.12
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16:14
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F
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exampleEXHIBITS8 :182
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east 3 :21 11 :20
expansion 19:15
detailsdepositions
24 :151
:1 1
easy 22 :20
expires21
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29:23 30:23
Diane
27:18
educational 5 :2
Edward 1
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explain 17 :1
explained 16
:5
hearings 8 :18
18 :12.21 25 :24
26
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Heights 3 :22 11 :16
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hospitals 6 :14.22
7 :1
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hour 1 : 13
1
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10 :17
identifying 26 :9
IEPA's 24 :20
Illinois 1 :1 .12 .13
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29 :1 30 :1,4,522
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17 :8.10.12
implication 15 :15
imply
15:3.9
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including 9:22
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individuals 13 :17
28:7
inferring 14:5
input 7 :23 25 :14,17
Institute 5 :4
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9-12-2006
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9-I2-2006
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9-12-2006
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MICHAEL PHELAN
9-12-2006
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