Exhibit
13
MEGAN
FULARA
8-18-2006
0EOP-A COUNT] POARD,
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEORIA D' SC COMPP,,M,
Petitioner,
Respondent .
Tn riep's : t
:
nn
MF r3AN FUI .'Po
: mat -:
witness herein, called for examination pursuant t-
et_ce and
t:-,e Sup-erie Court Rules as they pertain to
the takirt ; of d s cuery depositions before Aana M
.
iftos, .'SF,
RPA and Notary Public in and f-_ -.ho=
County of Peoria, and State of Illinois, on Friday,
Aagust !R-h,
2006, at 416 Main Street, Suite 1400,
Peoria, Illinois, commencing at the hour of 2
:00 p .m .
APPEARANCES :
GEORGE MUELLER, ESQUIRE
Columbus Street, Suite 204
Ottawa, I11i.r.ois
61350
and
JANAKI NAIR, ESQUIRE
BRIAN J
. NEGINNES, ESQUIRE
El- as, Meainnes, R~.`f
e a Seghe-.t_. ;., F .C .
416 Main Street, Suite
.'~40O
Peoria, Illinois
6160
:_
behalf of the Petit.iorle
.r
;
South Main Stree6
Morton,
.i_ino_s 61520
on behalf of the Respondent
;
?NO . PCP 06-1"
Page
1
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
MEGAN FLLARA
8-18-2006
WT_ TNESS
MEGAN F UL .RA
Examina`_ior.
ALSO PRESENT :
'Indicates exhibits were withdrawn b
;
it ioner'
:
counsel
; not attached hereto .
Page
:'ELoii, DISPO AS COMPANY
V . FFORIA COUNTY BOAPD
PCB06-184
`EXHIBITS-Deposito-7-7-Exhibito
.
-ENTpg
.
4,
Deposition Exhibit No .
. pg . 4
Deposition
Exhibit
4r
Deoosit=:on Exhibit Ns .
. pg
. 40
Deposition
Deposition
D eposition
Exhibit_
Exhibit .
Exhibit
No .
N-
?._ .
pg .
pg .
Deposition
rotors :Jeer
Exhibit
. . .
NT.
T h:b:t
.
pq
.
Fg .
Fuiara Deposition ~ . . .
No .
Fulara Deposition Exh_br'1 No .
F •. :r r ra Dep 5 `_on
h
Fg .
_bit So .
your last name for the record, please?
A Yes- I believe so .
A
Megan Fulara .
hQ
What documents have you brought with you
•
Let the record show this is the discovery
today that are in compliance with the documents
deposition of Megan Fulara taken pursuant to notice
specified in the rider that was attached to the
l
. in accordance with the Rules of the Illinois
11 notice?
12 Pollution Control Board and in accordance with the
12
MR . 13RO''N : My name's Dane Brown .
Rules of the Code of Civil Procedure and by
1 representing Peoria Count' . I'\ c got a (older lull
agreement of the parties.
'-4 ol'documents that ctcrc producing in response to
Is it all right if I call you Megan?
that rider
.
A
Yes .
1r
''hat's not included at this time is a
•
Megan, have you ever had your deposition P pris ilege log
. but I will generate one shortly
.
taken before in any case for any reason?
1'^ 'the privilege log will relate primaril' to 1
: mails
A
No .
that were between Megan's office and the Staic's
•
Let me go over a couple of ground rules
. 2 ~! Attorney's office or m) office .
21 First of all, everything that is said is being
21
MR . Ml 11:LLFR : ''ere going to resen
t
22 taken down by the court reporter
. So only one of
22 the right to redepose the witness . and it prohahk
2 3 us can talk at a time
. That means that van need to
23 won't he necessar' but we're going to reser' e the
"it until I finish the question before you start
24 right to redcposc the witness alter we hate
a
can't take down two people at the same time
. Is
that clear?
A Yes .
• Also, if I ask you a question and you don't
understand it, feel free to have me rephrase it .
Is that clear to you?
A Yes .
.
.
Q Additionally, the court reporter can only
1 .-
I should probably show it to you real
1 3 take dawn spoken words
. So gestures, nods of the
,
quickly and ask you if those are the documents that
_ 1 head, shakes of the head and things like uh-huh and
1 4 you believe comply with the notice?
_. .,
huh-uh really don't work well with the written
17
A
Yes .
Q Is that in your belief complete compliance
1 1 with the exception of materials that you're going
1" to claim as being privileged?
1 ,
A Yes .
20
MR . MUFFLER
: Mr. Brown . you will
21 furnish a privilege log Ior us in reasonable time''
22
MR . BROWN : Yes.
MR . MUFFLER : Very good .
record
. Do you understand that?
A Yes .
_
Q You also understand that you are under
1? oath?
20
A Yes .
22
21
Q Okay . Let's proceed
. What is your mailing
address?
23 A For work or
lift home?
24 Q Where we can
reach you at home?
MR
. MUFFLER
: It nay never get to that
point .
BY MR . MULI .I .ER :
Q Megan, Mr
. Brown has handed me an expando
folder with a bunch of loose documents in it which
he says are compliant with the document rider
1 .
attached to the notice
.
Pages 3 to 6
PEORIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
MEGAN
FULARA
8-18-2006
t
3
sae
MEGAN Ft TARA .
A
1412 Nest Margaret . Peoria
. Illinois.
a material witness herein- being dul) scorn . was
61604 .
examined and
testified
as follows :
Q Did you receive with the notice of
17XAMINA I ION
y
deposition a rider which asked you to bring certain
5 13Y MR . MUELLER:
..
documents that would be under your possession or
E
Q World you state your full name and spell
control?
Page 4
P,
answering and I'll wait until you finish the answer
before I ask the next question .
If somebody raises an objection, you
probably ought to stop talking because the reporter
4
litigated if we deem it necessan_ whether or not
am privilegetruls applies .
Fair enough . Dace"
MR . 13R0' N : That's fine .
MEGAN FULARA
8-18-2006
1
?F
County?
A I is as a student .
•
So this is your first full-time job after
you finished your education?
A Yes .
•
Can you tell as generally what the duties
of the chief deputy county clerk are?
A I owersec the office lunetions and advise
the clerk .
iL Q Who is the clerk?
A IoAnn Thomas .
I
.
Q She's an elected official, isn't she?
A Yes .
i 4
Q Now, Megan, in some of these county offices
'
that I'm aware of the chief deputy is actually the
16 person that does all the work and the elected
1, office holder comes in and normally supervises, but
.9 the technical expertise is really with the chief
1 S deputy .
2 0
Would that he a fair way of describing your
job situation as the chief deputy clerk
A No .
•
So Ms . Thomas was a hands-on there everyday
24 clerk?
a
13Y MR . M(1'I'LYR :
•
Where are you employed?
A Peoria Count% .
•
In what capacity"
A I work Ibr the counts clerk as the chief
deputy
•
How long have you had that job?
A ]'\e ttorked for the counts for fine ears .
•
How long have you been chief deputy?
A A little ewer one y car
.
•
What was your position before chief deputy. ?
A
I was the election administrative
assistant
.
A
Yes
.
•
Did you --
obviously, you had no supervisor
besides her?
A Correct .
•
How frequently would you meet with her to
r discuss any aspect of your duties with in the
clerk's office :'
A Daih .
•
Were you assigned any specific duties above
and beyond your general duties as the general
deputy in connection with PDC's application?
A No .
•
Well, were you informed by anyone at any
did you first become aware that Peoria Disposal
Company was going to file an application for siting
approval?
A I don't rememher.
•
Would it he approximately around the time
that the application was actually delivered to your
office?
A Yes .
•
Was there ever any discussion that you had
around that time as to how that application and
other materials filed in connection with the
application were going to he physically handled?
A Was there am discussion ttith who?
19
Q Between you and anyone?
15
A Yes .
16
MR . BROWN
: I'm going to object to the
-? extent that ou're asking lot discussions between
1't her and the State's AttorncN's of lice which
is
counsel for the clerk
. Anything else I think would
20 he fair game .
MR . MI'FITI(R
: Well . if she identifies
the discussions as being with the State Attorne''s.
se ll get to that (mint .
24
MR . BROWN : Very swell .
Face
Pages 7 to 10
PEORIA DISPOSAL COMPANY V . PEOP.IA COUNTY BOARD
PCB06-184
Q
Before that, what was your position with
point in time that a segregated record of documents
15 needed to be kept in connection with the
PDC
16 application for site approval?
he county?
A Those were the only two positions ['\e had
with the
Q
A
count\ .
What's your highest level of education?
I haws a master's degree .
A No .
Q Did van keel) a segregated record of
19 documents in connection with that application?
Q In what field?
2C
A I don't know .
A
Q
.A
Public administration .
From which school?
I Inivcrst of Illinois at Springfield .
Q Can you elaborate on that answer or do you
23
want me to rephrase the question?
A Could you rephrase the question?
Q Where were you employed prior to Peoria
Q All right . Let's go hack in time. When
MEGAN FULARA
8-18-2006
rag
rules for different types of documents?
A
I kept the countv hoard document, in a
diflerent area
. and there were--the specific
siting meetings "here the county hoard "+as com cued
were kept together ~s ith general
. regular count ,
hoard meetings .
Q By county board documents, do you mean
things like agendas and meeting minutes?
A Ye, .
1 1
Q I'm going to skip ahead for one second
to how filings in connection with the application
6 were going to he handled?
A I
was going to he in charge of overseeing
P
_ 0
_ _
__
4
Q So would it be fair to say that JoAnn
delegated to you the responsibility for seeing to
it that documents in connection with this
1
here
. We noticed in the certificate of record that
1 6 application were received and stored in an orderly
1 6 was fled that no minutes for the April 6th or
manner?
May 3rd county board meetings were included
.
A Yes .
1
g
Are there such minutes in existence, to
Q You decided that you would --
should he
111'
your knowledge?
made aware whenever anything was filed, correct?
20
A I don't know .
A
Yes .
21
Q Megan, did you prepare the certificate of
22
Q Did you have any other procedures that you
22 record that was fled with the Pollution Control
23 put in place?
23 Board?.
A As Iar as what?
A Yes .
1
page 121
Q
How materials would be received, handled
r
1 2
16
17
18
2 0
21
22
23
24
Page 14
Q
It's a three-page document that I'm holding
Pages
11 to 14
PMOP.IA DISPOSA :
. COMPANY v . PEORIA COUNTY BOARD
PCB06-184
BY MR
. IvitTL .liR :
Q
What other places would documents have been
Q
Who did you have those discussions with?
kept besides your office?
A JoAnn .
A
It depends "hat kind ot document they were .
Q What was decided between you and JoAnn as
Q Can you elaborate for me? Did you have
and stored?
A No .
Q
Did you designate a special place where
up here .
Do you recognize that as being the
certificate of record that you prepared?
materials received in connection with this
application would he physically stored or kept?
F
P
11
A Yes .
Q It's actually called the amended index, and
we'll let you hold on to a copy because we're going
to ask some questions about it
.
If we can go off the record for a second
.
(Discussion off the record.)
A Yes .
Q
What place did you designate?
A
I kept the majority of documents in ms
personal office .
Q
Were there some documents that you did not
MR . MUELLER
: Lets go hack on the
keep in
your personal office?
~ .- record .
A
Q
Yes .
What documents did you not keep in your
1
BY MR . MUELLER :
Q Megan, I've handed you a three-page
personal
office?
16
document which I call the certificate of record,
A I don't know
. I couldn't say exaclls -- I
but it's really an index of the record initially
couldn't identify the specific documents
that
17 filed with the Pollution Control Board, right?
weren't kept there.
1 +
A Yes .
Q
Could you identify any documents that were
Q You prepared that index?
not kept in your office?
27
A Yes .
A Is that the question?
2 1
_ Q Let's get back to going in order. Did you
Q Yes .
22
communicate to your staff in the clerk's office
A l'here were a lot oldocuments
. Some were
23
your procedures for how materials related to the
kept in
different places .
24 PDC application should he handled?
ho" the documents were filed in the office.
Q What did you decide was going to be the
0
method that that was going to happen?
A Any time anything "as to he filed
. I was to
11
he notified .
12
MEGAN FULARA
8-18-2006
3
other pleadings and filings that came in would he
kept in your office?
A Yes .
•
To your knowledge, the only documents that
11
weren't kept in your office were what you call
1 .2
county board materials?
L
A I hose were some documents that weren't kept
1
> in my office . yes.
15_.
•
We've identified county hoard materials as
16
'.'
being agendas and minutes of county hoard meetings
. 1
,
1 s„
Are there any other documents that would
1-
_
fall in the category of county hoard materials
A Any materials associated with the
meeting .
a m documents that l\crc distributed
of the meeting.
a record of who spoke at the ineeting. transcripts
.
ems number of miscellaneous items could he
associated with the counts hoard minutes
.
_age 16
•
So handouts and transcripts would he
1
considered county hoard materials?
A Yes .
•
Did you at any time become aware that there
3
was a need to maintain something called a record of
everything that was filed for purposes of possible
FL
future appeal?
A Yes .
9
Q
How did you become aware of that?
-~
A Well
. from the beginning . I kept all of the
11 documents that every
-- that I had in a
general
area
1
because I knew at some point we ma' need to cope
12
13 them or assemble them .
1 s
_ . Q Do you remember how you got the knowledge
_ .
1
that you might have to copy or assemble them in the
. .:
'_ 6 future?
16
1 -1
A I suppose through communication w ith the
19 State's Attornc\'s office .
1 e1 Q What was your understanding of what
19
2
0 constituted the record?
0
2
A
Any and all documents pertaining to the
21
application .
2 2
•
It had been the clerk's delegation to you
-
of the responsibility to compile, maintain and
19 A
20 Q
21,
A
22
2?
21
9
rn
•
If somebody wanted to see a portion of the
record, what was the procedure for that individual
doing it?
A [hes
ssould ha' c to speak with mc .
•
Would you physically supervise or have one
of your staff people physically supervise anyone
who was reviewing the record'
A
I would physically supcn isc amune
rev ietying the record .
•
Was that true on every occasion when
someone reviewed the record
Yes .
So no one ever supervised besides you?
No .
•
No meaning I'm correct?
A
No one supervised the record other than
mvscl f
cage 18
•
Okay
. If people wanted to review the
record, would you show them only the materials in
_your office or also county board materials
A The' could view both materials
.
•
Were there any other places in the clerk's
office where portions of the record were
maintained?
A No .
•
Where are the county board materials
physically kept in your office?
A In file cabinets in our back room
.
•
Was it your position that anything and
everything that came in pertaining to the PDC
application would he part of the record?
A
Was it my position?
•
Yes .
A No .
•
Let me rephrase that
. Did you have any
criteria for what kinds of materials would he part
of the record and what kinds of materials didn't or
wouldn't be part of the record or did you simply
just include everything that came in?
A
Could you clan IV %chat you mean h' "the
record"' .,
Pages 15 to 18
PGOPIh DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
A
Q
No .
You didn't tell them that if anything was
safeguard that record, correct?
A
()f the documents that were physically filed
filed you wanted to know about it?
in our office
. ycs .
A Yes .
Q Was there any security placed on those
Q you did tell them that?
documents in terms of regulating access to them?
A Yet
A
No additional securits Outside of the
Q
Did you also tell them that letters and
normal securits .
MEGAN FTJLARA
A There were public comments that came in
past deadline for filing public comments_ but the
"ere--they
were marked and indicated that the'
came in past the tiling but they weren't destro'ed .
We kept them .
•
If somebody wanted to provide a document
relating to the PDC application to you, would you
actually include it in the record meaning the
materials that you kept either in the file drawers
2 or in your office or were there sometimes occasions 15
when you would say, no, that's not an appropriate
-
1
.
7 thing to include?
-
A
I think for the most part I kept
1 c
everything .
1
•
Do you recall as we sit here now that there
211
was anything that you rejected?
11
A No .
•
So it would be fair to say that the record
24 would have consisted of everything that came into
Fags- 20
You'lI have to ask the
c
12
your office relating to PDC??
MR . BROWN : Objection . I think that's
mischaracterizing what she said . She said that
there was also the materials relating to the county
hoard meetings which weren't necessarily kept in
her personal office .
MR . MUELLER : They were kept in the
county clerk's office, though
.
MR . BROWN : If that's what you mean by
the office .
_
MR . MUELLER : Right . Now I'm talking
1 2 about the office meaning the county clerk's office
3 as an entirety .
THE WITNESS
:
15 question again .
' 6 BY MR . MUELLER :
1 7
Q Would it be fair to say that in your
understanding the PDC record consisted of
1 2 everything that came into the county clerk's office
A It depends on the length of the documents .
20 relating to the PDC application hearings?
2'0 the nature of its binding . the amount of documents
A Yes .
21 f iled . a t
what time .
•
Were there occasions when county hoard
22
Q Well, let's say a document that was
members would submit things to the record?
2 ' stapled, what would be the procedure with regard to
A Yes .
1
something that was stapled together to indicate
1
coming to you and sad ing, Megan, here's sonic
materials I received that should he included in the
1'D(' file?
A For public continents-v e, .
•
Which county hoard members do you remember
actually giving you materials that the' had
received?
A I couldn't recall specificalls
.
•
Do you recall if the mayor ever gave you
any materials?
A
I couldn't recall .
•
W' hen materials came in, what was your
practice with regard to file stamping them? Did
you file stamp even page that came in or just the
front page of any set of materials?
A An\ loose hound . am loose paper was
stamped indi' idualh . Bound items were
general l'
--
the 1 irsl one or two pages and
signature pages s'cre stamped .
Paq,
•
So if somebody were to bring in a 10-page
report, the practice was not to stamp
every
page
but just maybe the first two and the last one?
A I couldn't soy that "e did that all the
time. It depends how mat documents and it
depended . It varied .
•
So you're saying that there was no set
procedure actually, is that correct?
A Well . the set procedure was that everything
i C was stamped in . It varied to what extent .
1 .
Q The procedure was that every page was to he
--- stamped?
13
A No . Every item "as to he stamped in .
1 ;
Q Well, that's what I'm getting at is in
1 F' terms of multipage items what pages of those items
1 would he stamped?
A It depends .
•
On what?
Pages 19 to 22
PEOPTF. DISPOOAL COMPANY . PEORIA CDUpTY BOARD
PCB06-184
8-18-2006
as
Q The record of the PDC materials .
Q
Can you give me some examples ."
A
Could you repeat that question?
A Any ['-mail, or correspondence that the
Q
Let's ask it a different way . Was there
count' hoard member ., received the' tiled its part of
ever anything that anyone attempted to bring or
the record .
file to or in the clerk's office that was rejected?
Q Do you recall counts hoard members actualh
MEGAN FULARA
8-18-2006
Pages 23 to 26
PEORIA DISPOSAL. COMPANY
V . PEORIA
COUNTY BOARD
PCB06-184
that it was a single document?
maintains that site? Is that your office?
2
a
A
Q
A
Q
It would depend how many pages
.
Who made that call?
I did .
You're indicating sometimes you might have
A I don't know what website You're referring
to .
Q
Are there multi Peoria County websites?
A I don't know
.
stamped every page and sometimes you didn't?
Q The website that would have the address
A
Q
Connect .
Can you give me any further elaboration as
w ww.co .peoria .illinois .u s . is that the county
clerk's website?
to what would have triggered either activity .
either stamping every page or not stamping every
Q
A
I don't know .
But you do know that your office maintains
page?
11 some type
of website on behalf of the county,
. . 1
A
Q
No .
Did you accept documents after
14
correct?
A
Q
Yes .
March 29th, 2006 from the public or from Board
Who in your office is responsible for
members?
1 F maintaining that website ."
1 6 A Accept to what extent
:'
16 A I review the wehsite .
7 Q
Include them in the record?
-
Q
So you are?
1? A
An document that came in relating to the
~-
A Yes .
'_ 3
PDC application was accepted in our office
. If it
1? Q Who is physically responsible for hosting
20 was past the deadline
. then that was indicated
.
20 material on that website?
Q So you didn't turn anyone away? You didn't
21 A I don't know .
22 say you missed the time, you've got to take your
Q
Well, someone in your office has to do it,
23 document home?
correct?
A
I don't remember if I turned am one awa'
.
A
I make recommendations to the IT
Paoe 2
Page 26
Q What's your best recollection with regard
1 department .
2 to that, that you, in fact, took everything that
Q
All right . That's what I'm getting at
. So
3
came in but just indicated that some of it was past
1
the actual putting a document up is done by IT?
the deadline?
4 A I make recommendations to the IT
n
A
To my best recollection . I accepted
6
department .
even thing
. and if it came in past that deadline .
Q IT I presume meaning information
the document was marked and it was indicated that
"as the case .
Q Does the Circuit Clerk's office maintain a
website?
10
technology?
A Correct .
Q Who's the head of the 11 department?
A
RusselI Ilaupert
.
A I don't know
.
. .
Q Spell that last name .
Q
I mean, does the county clerk's office
i _ A
I -A-[
1-11-1 -R- 1 .
1.3 maintain a website
1 ? Q For example, Peoria County's entire siting
A
We hacc a w'cbsitc .
i 4 application was on a website.
15
Q Do you have any responsibilities in
15
Was that the website that your office
16 connection with the maintenance of or the contents
1 h maintains?
1?
of that website?
A Pcriodicalk
. I review and make corrections
1 %
A No .
Q What website was that?
19 to the contents on our wehsite
.
A
I don't know .
20
Q There is a website that I have gone to
Q 1'ou never made a recommendation to put the
21
which I get when I do a search for Peoria County,
entire Peoria County, PDC application onto a
22 and it appears to cover a lot of different aspects
22 website?
23 of joint government .
23 A No .
24
What agency of the county physically
24 Q No one in your office physically did the
MEGAN FULARA
independently maintains the website?
marked as Deposition Exhibit No
. 18 which purports
to be an E-mail from you to Karen Raithel dated
March 3rd, 2006, and ask yon to review that and
if you could read your message at the top of the
E-mail .
Fago 30
A ( Witness perusing doctnncnt .)
•
If you could read it out loud into the
record .
A Thanks
. Karen . lust send it dotsn
. It I
receive it today
. I may he able to I' rward it to I I
to put on the internet
•
What does that refer to that you wanted to
have sent down?
A
One original transcript and three multipagc
copies for days one through liter_
I'ehruary 21st through the 24th
.
•
Does that refresh your recollection
regarding what authority you had and responsibility
yon had with regard to maintaining PDC related
materials on the county's website?
A No .
•
Do you admit writing that E-mail?
A Yes .
•
Was it your intent to direct the IT people
to put those materials on the website?
A No .
•
What was your intent in having the
materials sent down to you??
A I don't remember .
Pages 27 to 30
PEORIA DISPOSAL
COMPANY V . PEORIA COUNTY
BOARD
PCB06-184
8-18-2006
F :aO
scanning of the pages and then whatever electronic
magic you have to do to make it appear on the site?
A
I don't knon .
Q Some of what you brought with you today are
A No .
Q There were also certain transcripts posted
4
memos that it appears --
or E-mails that you have
received from Mr
. Haupert relating to the PDC
F
on a Peoria County website, transcripts of county
hoard meetings
.
W' ere those on the website that your office
s
9
application, correct?
A Yes .
Q What I'm trying to get at, it's not that
hard a question, is who had the final say on what
went up on the website?
maintains?
A
I don't knasc .
11
Q
Did you ever make any recommendations with
1'1
A I don't knots
.
regard to the posting of any transcripts?
Q It was not you . though?
11=.
A
Q
No .
Do you know who determined that those
12
1 3
-4
A Correct
.
Q
I'm going to mark as Fulara Deposition
should be on the website?
Exhibit No
. 18 an E-mail here that came in today
.
1 F
A
Q
No .
Do you have any responsibility for that at
1
1 c'
We can stop now to make copies or we can do
it after the fact
.
1
all?
(Fulara Exhibit No . 18 marked)
A
Q
No.
Do you believe that the IT department
I
B\' MR
. MUELLER :
Q Megan
. I'm going to show you what's been
A
Q
I don't knots .
Do you have any supervisory control over
2-
Russell Haupert
2
A
Q
you ?
.
A
Q
A
Q
No .
Page
Does he have any supervisory control over
I don't believe so .
Who would his immediate boss be?
Idon't knots .
You would on occasion make recommendations
6
C'
10
to him as to what should be on a Peoria County
website?
10
A
Q
Yes .
Give me an example of a recommendation that
_ 1
you remember making regarding anything .
12 A
The fees for passports changed, and I
12
13
corrected the dollar amount and asked him to
14
make
-- asked the I I department to make that
14
1-
correction
.
Q Did you ever receive any communications
with Russell Haupert regarding materials received
in connection with the PDC application
A Yes .
Q What would you do with regard to those
21 communications?
A I don't understand the question
.
22
23
Q Well, would you respond to his
24
communications?
24
MEGAN
FULARA
8-18-2006
that is adversely impacting your memory?
A
No .
•
So your testimony is you don't know what
on were thinking when you wrote that E-mail?
13 A No .
13
'1
a
Q Then my question is, what were you thinking
11
1 5 about the website when you wrote that E-mail?
15
1 6
A
I don't remember .
16
•
So your testimony is you don't remember P
what you were thinking when you wrote the E-mail?
1 ~
A Correct .
1 °
2?
Q Did you ever make any other decisions about
2'
. PDC materials going onto the website?
MR . BROWN : Objection . That
22
mischaracterizes what the testimom has been so
far . She's stated tiirk clear' that she didn't
direct an' hod to pill
all'thing
on it .
MR . MUELLER : Let me NN ithdrim tile
question
. That's a hair objection . Mr . Brown .
13Y
•
MR . MUELLER:
Megan, do you have any recollection besides
that memo of arty communications you may have made
to anyone regarding PDCC related contents going on
the Peoria County wehsite"
A
I'm sore . Could you repeat That'
MR . MUELLER
: lithe reporter would
1 _ read that one hack . please
.
(Record read as requested .)
i
THE WITNESS : No .
11 BY MR . MUELLER .
15 Q Now, I'm going to tell %ou and ask you to
1 F accept this as a fact for purposes of the next few
'_
7
questions that all of the transcripts of the public
1' hearing were posted on the Peoria County wehsite.
Do you have any knowledge of how soon those
transcripts were posted after they became
available?
A No .
•
With regard lu transcripts of hearing that
were posted on the wehsite . did those gencralh
2
them from?
A
I receked se'eral transcripts trout Karen
Raithel .
•
As you sit here now, can you identify which
transcripts you received from her?
A
No .
•
Now, the county prepared a record on appeal
in this case and submitted it to the Pollution
Control Board .
What responsibility did you have in
connection with the preparation of that record on
appeal?
A I oyasaw the stamping ot the items to he
included in the record fir appeal
.
•
Meaning the sequential Bates stamping?
A Ybs
.
•
Who determined what was going to be in the
record on appeal?
A I he Stabs AttorneN's office .
•
You did not make that determination?
A Correct
•
You
did, however, prepare the index?
A Correct .
•
And that would be I presume after
everything was Bates stamped, it's a simple matter
then of going through and identifying it and
preparing the three-page index, right?
A What's the question?
•
Well, the process of your preparing the
index I assume took place after everything had the
sequential page stamps?
A
Yes .
•
Were there materials given to you during
the preparation of the record process that you did
not previously have in the county clerk's office?
A
I don't knots .
•
Well, you had said that you had -- your
responsibility was to stamp the materials?
A Right .
•
And you said that the materials--strike
Pages 31 to 34
PEORIA
DISPOSAL
COMPANY v . PEORIA COUNTY BOARD
PCB06-184
Q Are you suffering from any condition of ill
1
come into your office first from the court
being today"
reporters or did they go directly to some other
A No .
entity?
Q You're not ill or anything?
A The' didn't come to our of lice first .
A No
.
Q Generally where would court reporters who
Q You're not on any medications?
were doing hearing transcripts deliver them?
A
No
.
A I don't know
Q Is there anything that's happening today
Q When you got them, where were you getting
MEGAN FULARA
8-18-2006
4
A No .
=5ge
that.
2
You also testified that the State's
Attorney's office made the decision on what to
include?
A Yes .
•
Which I understood to mean that you did not
make that decision, is that correct?
A Right .
•
So then my next question is, you already
.. =
2
1 4
1'1
16
1 0
2 -
1
21
22
2 2
2
Page 36
previously been kept in the county clerk's office?
A Yes .
•
You have an index in front of you now
.
Could you go through that and identify any such
4
materials that you are aware of
.
•
No because you don't remember or no because
you decline to do that?
9
A No because I don't remember .
10
Q
Let's go back in time a little bit
. Do you
. .
I remember when the application was physically
?
delivered to your office
13
A Yes .
1 4
Q Do you know on what date that occurred?
15
A
I don't remember the exact date .
1 6
Q The certificate or the index of the record
I. ?
shows that the date was the 12th of November that
12 the application was file stamped
.
1g
Do you recall, in fact, that the
2
c application was received several days before it was
21 file stamped?
A
Do I recall that . n o .
(I ulara Exhibit Nos . 19 and 20
marked)
1 BY MR . MUELLER :
•
Megan, I'm going to show you what's been
marked as Deposition Exhibit No . 19
. Actually . I'm
going to show it to your counsel first
. It's in
the stack of documents that you graciously brought
with you today .
A
•
(Witness perusinc
document.)
Do you have that exhibit in front of you?
A Yes.
•
There's an E-mail there appears to you from
Karen Raithel, correct?
A Correct .
•
What's the date of that E-mail?
A November 91h .
•
What does it say?
A
'this afternoon" George Armstrong
representing PDC will he submitting their
application kith your oBiee
. In addition to the
66 boxes
. he will have a coyer letter and check to
present to you
. The line item for the check to he
deposited into is 0412
. 0414 . 41536300_ Peoria
Disposal Company application filing tie
. Let me
know if cou ha' e am questions
. Karen Raithcl .
•
Do you remember Mr
. Armstrong and
assistants actually bringing in the application and
66 boxes?
A
I couldn't identify Mr
. Armstrong . I
remember boxes being delivered to the courthouse .
•
That's a lot of boxes
. I would think that
6 that would be fairly memorable?
A Yes .
•
To your knowledge, is the November 9th
date on that E-mail accurate?
A
The E-mail was sent on November 9th
.
•
Do you have any reason to dispute the fact
that, in fact, the application was brought in on
November 9th?
1 4
A
I don't remember what day the application
1
was brought in
.
1 6
Q Let's assume for purposes of my next
1 ? question that the application was physically
1
c delivered to you on November 9th, 2005 .
1 9
My question then is if you will look at the
20 certificate or the index of record in front of you
21 that the filing date that you've indicated for the
22 application is November 12th or November 14th,
excuse me
. Do you see that?
A
Yes .
Pages 35 to 38
PEORIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
had a
you had
hoard
lot of materials in your personal office and
materials in file drawers where county
materials were kept, right?
A Yes .
1 .
Q
Were you given additional materials to do
1 4
the Bates
A
stamping on from outside your office?
Yes
.
16
Q
What materials were you given that had not
I
previously been in your office?
1 P
A I couldn't identify the specific materials
.
: 1119
Q
Can you identify any of them?
20
A
No .
2_
Q So it is true, though, that there are
22
materials included in the index, actually
2 3
identified
and included in the index which had not
0
MEGAN FULARA
8-18-2006
Q
Can you tell us why the application is
dated as November 14th when it was actually
delivered on November 9th?
A
I don't know ,+hat da% the application was
delivered .
C,
Q Well, maybe I can help you in that regard .
Let me show you another document that you were
gracious enough to bring with you today
. It's a
three-page document marked as Exhibit 20, and it is
entitled Time Line For Review of Peoria Disposal
-'.
18
1 9
29
21
P e
A No .
Q Did anyone tell you to show it as
November 14th rather than November 9th?
A No .
(I ulara Exhibit No . 21 marked)
I BY MR
. MUELLER :
1 ? Q Let me show you what's been marked as
1 5
1
4 Exhibit 21 . Do you have that in front of you?
S
A Yes .
22
17
1 C, Q Now, that document appears to be a portion
of the Illinois Administrative Code dealing with
19 the preparation and contents of records on
1 `? Pollution Control Board appeal, but it also has
2, some handwritten notations on there .
21
Whose handwritten notations are those?
A Mine.
2 3 Q Can you locate each one of them and read it
so that the record will he clear as to what it
says?
A
Do we have nine copies . cope number 13
hinders and CI)s
. don't has e nine extra . check .
Karen
. check . Karen getting . check . send Mas 3rd_
('B meeting lblder . I .vn . Karen
. one box of original .
nine copies of record . ses en copies
. one original .
•
Who's Lyn?
A
She's an Assistant State's attorne\ .
•
Can you provide her last name?
A Schmidt .
Q From that document . I get the impression
that you and Lyn Schmidt and Karen Raithel worked
collaboratively as a team in physically preparing
the record for the Pollution Control Board, is that
a fair impression?
A
I worked mostb oith I .y n .
Q Is she the one then that had the say so as
to what went in the record and what didn't?
A Yes .
Q In the certificate of record or the index
again, if you have that in front of you, you will
see a reference on the third page, third item from
the top Transcript of Site Hearing Subcommittee
Meeting from April 3rd . Do you see that
Page 42
A Yes .
•
Underneath it the transcript of Peoria
County Regional Pollution Control Site Hearing
Committee Meeting
. Do you see that, also?
A Yes .
•
That's dated April 6th
. The transcript
in this case was never --
neither one of those
transcripts were file stamped
.
Do you know when they were actually
received in your office?
A No .
~2
Q
Would it he fair to say that the date you
15
1
put on the transcripts are the date that the
14 hearings occurred which the transcript
memorializes?
1F
A Yes .
1
1 l
Q Do you have any record indicating when the
1 c transcript was -- when either of those two
9 transcripts was actually, physically received by
20 you?
21
A No .
22
Q Both of those transcripts got onto the
23 Peoria County wehsite .
Would the date that they were posted on the
Pages 39 to 42
PEORIA DISPOSAL COMPANY a
. PEORIA COUNTY BOARD
PCB06-184
Company's
Application For Site Review. I will show
1
it to Mr
. Brown first again .
1,~.
A
Q
some
A
Do you have that in front of you?
1 ,
Yes .
Did I correctly identify the exhibit as
type of three-page typed time line
--
Yes .
Q --document?
16
Who prepared that document?
1't
A I don't know
.
20
Q Did you prepare it?
21
A No .
22
Q But it was in your files?
23
A Yes
.
24
Q
A
application
What is the date for delivery of the
that's reflected on that document?
Pace 40
11/9/05 .
Q
So I'm going to ask you again can you
4
explain
a filing
why the index of the record on appeal
date of November 14th, 2005?
shows
F
MEGAN FULARA
h
we ever found a file stamp copy .
Does the lack of file stamping indicate
1 4 that it was never received in the county clerk's
office?
16
A
No .
1 ,
Q So you're saying that you could have
19
1 2 received documents that you did not file stamp?
A Yes .
20 Q
Again, I'm confused because I believe that
21 you said your procedure was to file stamp every
c
2 document on at least the first and the last page if
2 3 it was a multipage document and if it was a
short
24 or loose document to rile stamp every page that
I'.
ncser file stamped by you ?
.
A No .
Q Ilad you followed your usual practice and
1
procedure the document would have been rile stamped
1 ~.. on at least the first and the last page, correct?
17
A Yes .
1,
Q Directing your attention then to number 5,
i P and for the record, we should indicate that
we're
2 D using a hook of exhibits
; and when I say items,
21 they're actually exhibit numbers .
21-
:
Counsel for the county also has a copy, and
29'!
we intend to he uniform about these through further
24 depositions which I think will make all
Pages 43 to 46
PEORIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
8-18-2006
Pane
Pace 4
website
in this
transcripts
A
Q
would
hard copies
A
Q
be in your opinion based on the procedures
case a fair reflection of when the
were physically received by the county
I don't know .
In fact, during the course of the hearings,
it be accurate to say that you never received
of the transcripts?
I don't know
.
If you had received them, they would have
5
S
c
came in, was that your procedure?
A
My procedure was for items that came in to
the office than Mere--that I was notified
tscre to
he part of the record for the PDC application
that
was mg polio to stamp the pages that spa'
.
Q Would you have deviated from that policy
at
any time -- strike that.
Do you remember ever deviating from that
policy?
been
A
Q
to file
file stamped, right?
I don't know .
Well, didn't you say it was your procedure
stamp every document, at least the front
1?
A No
.
Q Can you offer any explanation as to why
this supplemental Peoria County Staff Report
dated
April 3rd, 2006, is not included in the record on
page?
A
Q
It's going
entitled
April
let's actually
item number
Yes .
In front of you you have a black book,
work through this sequentially .
to he easier
. If I can direct you to
3.
Do you have in front of you a document
the Peoria County Staff Report dated
3rd, 2006?
-
'
1 Q
21
22'
appeal?
A No .
Q If I can direct you then to item number 4,
item number 4 appears to be a transcript of the
subcommittee meeting of April 3rd, 2006, correct?
A Yes .
Q This also does have that stamp with the
C number in front of it, page
13353, which
indicates that it was stamped by your office and is
A
Q
staff
that you
that was
not a
Attorney's
A
Q
included?
A
Yes
.
Now, Megan, I'm going to tell you that this
Page 44
report is not included in the index of record
fled with the Pollution Control Board
.
Does that mean that this was not a document
ever in the county clerk's office and was
document that was given to you by the State's
office?
No .
Well, can you tell me why this wasn't
No .
23
2 4
4
2
6
c
10
included in the record on appeal, right?
A
Yes .
r agF
Q Now . this transcript does not have a file
stamp from the county clerk's office .
Would it he fair to assume that this
document was never in the counts clerk's office
prior to its being submitted to you for inclusion
in the record on appeal?
A
No .
Q Why not?
A I
don't know when the document came to our
office,
Q
The document is not file stamped nor have
Q Do you have an explanation as to why it was
MEGAN FULARA
8-18-2006
identifications easier.
Item number 5 appears to be the transcript
of the April 6th, 2006, meeting of the committee
of the whole, correct?
A Yes .
F
Q
Again, Megan, this document does not appear
to he file stamped by the county clerk
A
Correct .
0
Q
But it does have the Bates stamp indicating
its inclusion in the record on appeal?
11
A Correct .
_ 2
Q Would it be fair to say that this document
'_ 3 was never part of the materials kept in the county
14 clerk's office prior to its submission to you for
15 inclusion in the materials to be submitted to the
'_ 6 Pollution Control Board?
A
No .
Q If you had followed your procedure, this
document would have been stamped on at least the
_
first and the last page when it carne in, correct?
_ _
A
I think kou're misunderstanding me . Yes .
That ryas the procedure that I had svhen items ssere
tiled over-the-counter . Ilhere sserc times hen I
had items that see included in our office .
A
There oerc documents that I recciucd than I
didn't put the stamp on
. s es .
•
Well, do you remember any such specific
4 document, identify any one that you can recall?
A
I didn't stamp the transcripts .
•
Do you remember when you received the
transcripts?
A No .
•
Do you affirmatively remember that you
received them around the time they were prepared?
A Yes .
•
Were there any other documents that yon
received that you didn't stamp?
14
A I don't knows .
15
Q
Let's turn to the next exhibit number which
1 F would be Exhibit No
. 6 . This appears to be two
1 -
copies of a memo from Mr
. Atkins to the county
hoard, county clerk and county administrator
.
Do you hay e that in front of you?
A Yes .
•
Neither one of those documents is ever
stamped with the county clerk stamp that is, is
that correct?
A Yes .
Page 48
Page 50
Q What do you mean there were items that you
Q
Do you know when you received these
documents?
3
A No .
Q
Would it he fair to say that the failure to
have the county clerk's stamp on them indicates
that you did not receive them on or about April 26,
7 2006?
k
A No .
9
Q
Do you specifically remember receiving this
'-('
memo and deciding not to stamp it?
1"-
A No .
12
Q Let's turn to Exhibit 7
. This encompasses
pages 15606 through
-- or 13606 through 13611 of
1 4 the common law record
.
Do you even know what these documents are?
A
No .
1-
Q Do you know whether or not these were
received by the county clerk's office prior to
being received by you for purposes of inclusion in
21, the record on appeal?
21
A
Could % ou repeat that
. please?
22 Q Do you know if any of these enumerated
2
5 pages in Exhibit 7 were received by the county
21 clerk's office prior to their receipt by you for
Pages 47 to 50
PEORIA DISPOSAL COMPANY
v . PEORIA COUNTY BOARD
PCB06-184
included in your office?
A
I don't know.
4
Q
Well, either you got this around the time
5 it was prepared or you didn't, and that's my
t . question .
A What is y our question?
0
Q
Do you remember when you got this document?
A
No
.
1 0 Q
Doesn't the absence of the county clerk's
11 file stamp make it more likely than not that this
document was not received by your office prior to
i ,,
your preparation of the record on appeal?
_ 1 A No .
. . Q
So what you're telling me is the procedure
1 you had you did not follow it on any kind of a
11
7
regular basis?
A No .
I hat's not what I'm telling 'oil,
Q
Did you follow your procedure on a regular
20 basis or not?
2 1 A
I followed my procedure on a regular hasis .
22
Q Do you remember ever receiving a document
? relating to the PDC application that you chose not
24 to put the county clerk's file stamp on?
MEGAN FULARA
8-18-2006
If I could direct you to Exhibit 9, that
appears to bean agenda
. correct?
A Yes
.
•
Was it the county clerk's job to prepare
meeting agendas --
A No
.
•
--for the county board?
June when Brian did come to your office to look at
the record with you?
A Brian came to mf office mans times
.
•
Do you remember Brian coming to your office
on June 7th, 2006, to look at the record?
A I don't remember the exact dates that Brian
came toms office .
•
Do you remember the last time he came to
your office to look at the record?
A No .
•
On every occasion that he came to your
office to look at the record, was it your practice
to supervise his looking at the record and to
accompany him?
A Yes .
•
Do you remember specifically that --
strike
that .
A No .
•
Because I notice that this is notice of a
special meeting and it's signed by .to.Ann
Thomas,
county clerk .
MR . BROWN : I object and I don't see
that it's signed by anybody .
MR . MtIFl,l,l :R
: It's stamped JoAnn
l'homasI
countv clerk
.
MR
. BROWN : Okay . I apologize . I'm
not trying to he difficult here . The only thing I
see it's typewritten items on here . Maybe I'm
looking at a dittcrent document
.
MR . MUELLER
: We're looking at a
document that's page number CI 3613 .
MR . BROWN : Yes .
MR . Mt II'LLER : At the
top . it says that
there "ill he a special meeting otthe county
hoard . County of Peoria on Wednesday
. May 3 . 2006 .
at 5 :00 o'clock p .m
. at the I'1'00 I fall . and
underneath it it's typed IoAnn "Thomas county clerk .
Do you see that?
MR . BROWN
: Yes .
131' MR . MUILI .IJSR :
Q My question to you, Megan, is did the
Pages 51 to 54
PEOPIA DISPOSAL COMPANY v
. PEORIA COUNTY HOARD
PCB06-184
8aae
1 inclusion in the record on appeal?
A
Q
Yes .
You do specifically remember receiving
these beforehand?
A Yes .
Q What is it about these documents that
triggers your recollection that you got them
beforehand?
A
The memo from Bill . and this was included
1 1
in the county board minutes . I remember seeing
them in the folder that contained the county board
--
2 minutes .
-~
14
Q
County board minutes for which meeting?
A I couldn't say .
14
Q Are those minutes that they came with part
1
16 of this material?
1 E
A I don't know
.
:1
Q
How come these pages were never file
€
stamped?
1 9
A
I don't know .
20
21
Q
Where would those have been kept?
22
A
In the folder that keeps the county board
22
ecords .
23
24
Q
Let me then direct you to Exhibit 8 . This
3
Caae
appears to be a memo from Patrick Urich the county
administrator, to you and to JoAnn Thomas the
county clerk .
6
Do you recall receiving this memo
h
A Yes .
Q Would you have received it around the time
that it was dated??
7
nA
Q
Yes .
Where was this memo kept between the time
9
10 you received it and time 9th, 2006?
10
A On my I
:-mail .
1'_
Q
So it was not printed out until after the
12
13
appeal had been filed and you needed to prepare the
.3
l
record on appeal, is that correct?
14
A I don't remember .
15
Q
What's your best recollection as to when
16
this document was printed out?
1 7
A
I don't rememher .
15
Q
Do you remember Brian Meginnes coming to 19
2 your office on June 9th, 2006, to look at the
2C
record?
_ '
A
I don't remember "hat days Brian came to ms
office .
Q Do you remember an occasion, though, in
24
MEGAN
FULARA
8-18-2006
prepare this piece of paper?
A No .
Q
Do you know why JoAnn Thomas's name is
shown there?
11
5
6
_
15
9
21
C
13
('
11
2
13
14
_3
A No.
16 Q Do you remember Mr
. Meginnes asking you to
1 % look for the agenda of the May 3rd meeting?
1?
1 ,
20
21
23
22
2 4
4 here today as to when that transcript was
physically received by you?
A No .
Q The index of record dates this as
May 3rd, 2006, and you can confirm that for
yourself if you'd like
. Near the bottom of the
third page, Record and Transcript of Peoria
County
Board's Decision and Findings .
Do you see that?
A Yes .
Q In fact, do you know whether or not the
transcript was actually received by you on
Mav 3rd".
A I don't remember.
Q Would it be more likely that the
Ma, 3rd date is used because that's the date that
the hearing actually occurred on?
A Yes
.
Q This transcript was posted on the Peoria
County website on May 12th .
Does that refresh your recollection as to
Paor
when the transcript was physically received?
A No .
•
Do you know whether this transcript was
ever, in fact, even received by you directly or
whether it might not have gone to some other office
and from there directly to the clerk's website
or
to the county's website?
A I don't know .
•
Do you recall the last time Mr
. Meginnes
was in to view the record his asking of you to look
for the transcript of the May 3rd board meeting?
A
I remember arc looked at the
May 3rd meeting
. county hoard folder .
Q
Do you specifically remember that at that
17, point the transcript of that meeting was
not in the
16 county board folder?
A
I don't remember .
•
So if Mr
. Meginnes's recollection were
that
-- or was that the two of you could not find
in the county hoard folder the transcript of the
May 3rd meeting, you have no basis with which
to
agree or disagree with that recollection, is
that
true?
A I don't remember
. correct .
Pages 55 to 58
'. '6
:OPIA DI SPOf'ih] COMPANY v
. I'FnRIA SouINTI BOARD
PCB06-184
county clerk's office prepare that paragraph?
stamped by the county clerk's file stamp, correct?
A No .
A Yes .
Q Did anyone in the county clerk's office
Q Do you have any recollection as you sit
A
Q
No .
Was it the practice of the county clerk's
office
meetings?
to issue the notices of special hoard
1 11
A
Q
meetings?
I don't understand what your question is
.
Who prepared the notices of special board
A We file --
we publish something in the
15
newspaper
for special meetings .
16
Who's
"we"?
The county clerk's office publishes notice
Q
A
1-
119
in the Journal Star of special meetings
.
1 9
Q This particular item, and let's call it the
20
agenda
for the May 3rd meeting, is not file
21
stamped
with the county clerk's file stamp, is that
22
correct?
20
A
Q
Correct.
Do you know when this was first
Page 56
1
Company
A
Q
with
incorporated
with the record of the Peoria
application and related materials?
Disposal
6
No .
Do you remember going through the record
Mr
. Meginnes on June 7th of this year and
confirming
May
that the agenda for the
3rd meeting was nowhere to he found?
A
I don't
remember
what (lutes I worked kith
Mr
. Meginnes .
1 C
Q
Do you remember working with Mr
. Meginnes
_ :
on any day and confirming with him that
the agenda
11
of the
May 3rd meeting was nowhere to be
found in
13
the materials
that you had under your control?
1 4
A
Q
I don't remember
.
Let's talk about the transcript of the
1P
.o
May 3rd
as Exhibit
meeting which is identified in your hook
14 .
21
Do
you have that in front of you?
22
A Yes .
2 3
Q Now, that transcript also is not file
21,
MEGAN FULARA
8-18-2006
A I don't understand the question .
Q Well, do you know --can you point in this
record to where the written decision of the Peoria
County Board exists?
Count' Administrator Crich to Counts Clerk Thomas
ha' c a date on the left-hand side . and then there's
a hunch of items that don't have a date and then
there's the May 3rd item called Record and
Transcript .
( an you just explain to us n by we ha% c a
,hole series of items there that are undated?
A I think the assumption is that the' arc all
Ma 3rd
.
Q Starting pith agenda for special meeting of
Peoria County Board?
A Right .
Q `ow, if I look at other pages . though, I
see again multiple sequential items that relate to
the same date and you see that, I presume?
A Yes
.
Page 6
•
So can you explain to me why all of the
sudden we stopped putting dates in for the items
starting with agenda for special meeting?
A No.
•
Was that your decision or Lyn's?
I
A I don't remember .
•
If I were to tell you that all of those --
well, that the majority of those items that don't
have a date are actually file stamped from the
county clerk's office April 27th, 2006, can you
then explain to me why the April 27th date wasn't
used?
A No .
•
Was that your decision or Lyn's decision?
A I don't know .
Q
Did you consider E-mails received by you
pertaining to the application as part of the
record?
A
No .
Q
However, there are now E-mails included in
the record filed with the Pollution Control Board,
correct?
A Yes .
Q
Whose determination was it that E-mails
Pages 59
to
62
PEORIA DISPOSAL COMPANY V
.
PEORIA COUNTY BOARD
PCB06-184
i Q
Pao _
I believe you testified that the index of
amended index and
--
the record on appeal was prepared by you, right?
A I don't has e the amended index .
A Correct .
Q The index, they're the same for purposes of
Q
Did you have any assistance with anyone on
this question .
how you titled various documents in this index?
c
1 - ou'% a got the index in front of you,
A Yes .
c
correct?
Q
Who did you have assistance from in that
A Yes
.
regard?
Q All of the items up through the E-mail from
A
Lyn in the State's Attorney's office .
-
Q
Did she, in fact -- strike that.
10
Was there a process of editing this
11
2 document between you and her before it became
12
final?
A Yes .
Q I notice that there is an item dated
May 3rd, 2006, entitled Record and Transcript of
1
Peoria County Board's Decision and Findings .
1
20
Do you see that?
1 ca
20
A Yes .
Q Whose verbiage does that title represent?
2 7
Yours or the State's Attorney's?.
2 1
A I would probably say the State's
<2
Attorney's .
23
2
Q So you don't know as on sit here whether
Page 60
or not the items indicated for that day fully
represent the written decision of the board, is
3
that true?
A
What record? The index?
Q Yes .
A Where the decision of the county board
11 exists?
Q Yes . Can you direct me to the written
decision of the Peoria Count, Board?
A 5/3/06 . the last item .
Q Is that based upon what it's titled or is
1 6 that based upon your personal knowledge?
7 6
A That would be based upon what it's titled .
17
19
MR . MUELLER : Let me take a couple
12
1 9 minute break . I'm very close to done . I may be
19
2 C
done . W e want to talk about some of the documents
20-
21
you guys submitted today
.
21
22
(Recess from 3 :30 to 3 :43)
22
23 BY MR . MUELLER :
27
24
Q
Megan, if I can have you look again at the
2 `
MEGAN FULARA
8-18-2006
Paa= 6,
which you did not consider to be part of the record
should he included in the record?
A What is 'our question?
•
Whose determination was it that E-mails
5
which you did not consider to he part of the record
6 should he included as part of the record filed with
the Pollution Control Board?
A
I didn't really ha'e any determination as
far as considering "hat "as to he part of the
record .
•
That was Lyn's job?
A I .yn ad%iseet me "hat to put into the record .
correct .
•
When people came to the county clerk's
1 office to review the record at any time, members of
I the public, lawyers, even Mr . Meginnes, did you
show them E-mails that were on your computer and
8 had not yet been printed out?
9 A No .
Q
So the E-mails would not have been
21 available to the general public at the time that
2- the people in the general public were viewing the
23 record, is that correct?
24
A Not ncccssarib .
Page 64
•
Do you remember ever showing anyone any of
your E-mails on your computer?
A t here were many P: mails on my computer. I
4 didn't she" any of my personal E-mails pertaining
5 to this application to arcane --
•
Now,--
A --until today .
F
Q Is it your recollection that with regard to
hearing transcripts and meeting transcripts that
1'0 you received hard copies of those in your office
and just simply did not file stamp them or is it
your recollection that you don't know what
3 happened?
A I received copies of the transcripts in my
- 4
.5 office and didn't stamp them .
15
6 Q
But in the case of the May 3rd
16
17
transcript, you don't know when you received that? 1
7
16
A Correct .
18
1'+ Q
Do you know, in fact, whether you ever
1 9
2 0 received a hard copy of the May 3rd transcript
2 0
22
2
1 before the preparation of this record?
21
A I don't rememher.
23
(Fulara Exhibit No . 22 marked)
1 BY MR . MUELLER :
2
Q Let me show you what we've marked as
3 Exhibit 22 and --
4
MR . BROWN : I'm going to object . This
5 is one that should have been pulled as part of the
6 review for privilege. attorney-client privilege .
7
inadvertently left in the documents . and so at this
8
time . I exert or assert a privilege for this .
9
This is clearly from Lyn Schmidt who the
10 witness has previously identified as being part of
11 the State's Attorney's office .
12
MR . MUELLER : Mr . Brown, it appears to
13 us that Lyn Schmidt was not acting in her capacity
14 as a legal representative of the county but "as . in
15 fact, acting as a deputy clerk in that she
16 participated in the preparation of the record on
17 appeal
: and, therefore, no privilege is applicable
18 to communications from or to her when she was
19 acting in that capacity
.
20
MR . BROWN : Maybe we ought to litigate
21 that then in front of the Pollution Control Board .
22
MR . MUELLER : Are you instructing your
2 3 client not to answer any questions about that
24 E-mail?
Page 66
1
MR . BROWN : Yes . At this time . I'm
2 going to instruct her not to answer those
3
questions .
4
MR . MUELLER : Let me make my record
anyway .
6
BY MR. MUELLER :
7
Q Megan, you have in front of you a document
entitled Exhibit 22 which appears to he an E-mail
9 to you from an Assistant State's Attorney Lyn
Schmidt .
My question is, do you recall receiving
that E-mail?
A I don't remember --
I mean, I received the
E-mail, I'm sure . I don't remember the exact date
and time I received the E-mail .
Q My only other question is, to your
knowledge, is that a true and correct copy of the
communication you received from Lyn Schmidt?
A Yes .
MR . MUELLER : I guess that makes the
claim of privilege irrelevant then .
22
MR . BROWN
: If that's all you're going
23 to ask .
24
MR . MUELLER : Megan, thank you very
11
Pages 63 to 66
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
MEGAN FULARA
8-18-2006
Faa
1 much . I have no further questions .
2
(Discussion oil- the record .)
3
MR
. MUELLER
: Show signature reserved .
4
(Further deponent saith not .)
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Page 67
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
MEGAN FULARA
8-18-2006
STATE OF ILLINOIS .
COfINT'i O° PEORIA
.Aana M . Gif=os, CSR, R *Pr, and PL~~tary
Public in and for the County of Peoria, State of
Illinois, do hereby certify that heretofore, to-w_t,
on Friday, .August 18th, 2006, personally appeared
before me at 416 Main Street, Suite 7400, Peoria,
I1l_nois .
MEGAN PGLARA, a material witness herein
.
I further cert'_fy that the said witness was
by me first duly sworn to testify to the truth, the
whole truth and nothing but the truth in thie cause
witness
aforesaidwas
; that
reported
the testimony
stenographica
then
ll
given
y by
by
me
saidin
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 .
t
:ettl
..Lcnature
tness was not waived
.
further certify that I sm not counsel for
nor ir. an, way sedated
, any of t ho r,arties to this
suite, nor am I in any way interested in the outcome
thereo`_ .
In testimony whereof, I hereunto set my
hand and affix my nntar_ai seall on this day,
Thursday, August 24, 2006 .
Aana M . Gift-,s, Certified Shorthand Reporter
(State of Illinois License 8084-003577)
My commission expires 0,
;24
;07
.
Page O C)
PEORIA. DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
above 9:9
absence 48:10
accept 23
:13 .16
32 :16
accepted 23
:19
24 :5
access 17:5
accompany
53 :14
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accurate
38 :9 43
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activity 23 :9
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actually 8 :15 10 :6
14:6
19:13 21 :5
21 :11 22:835 :23
37:3
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42 :9,19 43 :17
46:21 57 :15 .20
62 :9
addition 37 :18
additional 17 :6
35
:14
Additionally 4 :12
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administration
7 :21
administrative
7 :12 40:17
administrator
49:18 52:2 61 :9
admit 10 : 17
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advise 8 :8
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afternoon 37 :16
afterwards 69 :10
again 20 :15 39:12
40:4 41 :21 44:20
47 :6 60 :24 61 :22
68 :10
agency 24 :24
agenda 53 :19 55 :21
56 :7.12.17 61
:18
62 :3
agendas 13
:12
15 :17 53 :22
agree 58 :22
agreement 3 :14
ahead 13 :14
already 35 :9
amended 14:6 61 :1
61 :2
amount 22 :20
28 :13
another 39:7
answer 4 :1 9:21
65 :23 66:2
answering 4 :1
anybody 32 :1 54
:6
anyone 9:13 10:14
11 :11 .20 15 :2
18 :12 19 :4 .21
28:11 31 :4.8 32:1
anyway 66 :5
apologize 54:9
appeal 16:7 33 :15
33 :20.22 34:2
40:5.19
45
:14,23
46:6 47 :10 48 :13
50:20 51 :1 52 :13
52:14 59 :2 65 :17
appear 27 :2 47 :6
APPEARANCES
1 :15
appeared 69:4
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37:1040 :1645 :17
47:2 49:16 52:1
53:19 65
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9 :19 10 :2,6.10,12
11 :5.16 12 :6
14:24 16 :22 18 :14
19
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37 :18,22 38 :1 .12
38
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39
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64 :5
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10:5
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37
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48 :4 49 :10 52:6
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:17 56 :16
58 :10
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assert
65 :8
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66:9
assistants 38:1
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assume 34 :14 38:16
46 :3
assumption
61 :16
Atkins 49 :17
attached 2 :23 5
:10
6 :11
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attorney
41 :8 66 :9
Attorney's 5 :20
10:18,22 16:18
34:3 35:3 44:6
59:9.21,2' 65:11
58 :21
Bates 33 :23 34:9
MEGAN FULARA
8-18-2006
Page
C
35 :15 47:9
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59:12
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68:1 .20 69:5
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25 :11
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31 :2 38 :4 46:5
50
:19 65
:10
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27 :19 28 :3 44 :20
59 :1
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17 :20 32 :5
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between 5 :19 10:14
51 :10,11 .13 22
53
:24 54:18 55:10
PPf)PIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
attorney-client
10:17 11 :4 52 :9
65 :6
59 :12
August 1 :13 68:9 beyond
9
:10
69:4.17
Bill 51 :9
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63 :21
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aware 8:15 10 :1
black 1 :22 22 43 :16
11 :20 16:4.9 36:5 board 1 :2.7 3:12
away 23 :21,24
13 :6.8
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B
1315:23
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44:2 47 :16 49 :18
A
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I
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5 :12 .12 6 :4.8.20
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C 45:21
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65 :19
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33:16 42:7 43:2
64:16
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41 :3.4.4 68 :12
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clarify 18 :23
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clerk 7 :5 8 :7.9,10
8 :21 .24 10 :19
47 :7 49 :18.22
52 :3 54
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46:4 47
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48:24 50:5 .18 24
53 :21 55 :1,3 .9.18
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41 :13
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33 :1 .4 51
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53 :1
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8:17
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21
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69:22
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47:3
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condition
31 :1
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56:7.12
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connection 9:11 ,15
MEGAN FULARA
8-18-2006
Page
7 --
64:18 66
:17 68
:10
69:10
corrected 28 :13
correction 28 :15
corrections 24
:18
PEORIA
DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
16 :5 61 :12
clerk's 9 :7 14
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62 :16 63
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6.1 :9
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5 :13
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7
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13
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32:18 33 :15 34 :19
47 :16 56:14 62:21 35 :11 36 :1 42 :3
63 :7 65 :21 68:2
42:23 43 :3 .21
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16 :17 66 :18
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convened 13 :8
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41 :2 .6.6 43 :7
49 :17 64
:10,14
44:4.14 45
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64 :20 66
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55 :3 .9,18 .22 57 :1
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57 :10.23 58:13,16
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55
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PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
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8-18-2006
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8-18-2006
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PEORIA DISPOSAL COMPANY
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PCB06-184
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8-18-2006
Page
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8-18-2006
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PCB06-184
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8-18-2006
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8-18-2006
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Exhibit 14
9/13/06 Russell Hau
Condenselt
n"
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v PCB
Page 1 -
Page
4
Page 3
INDEX
Russell Haupert
9/13/06
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEORIA DISPOSAL COMPANY,
1
Petitloner,
1
ORIGINAL
1 No . PCB 06-189
1
PEORIA COUNTY BOARD,
Respondent .
THE DEPOSITION of RUSSELL HAUPERT, a
3
3
WITNESS :
Pate
4
RUSSELL HAUPERT
Examination by Mr
. Mueller .
4
6
7
9
10
EXHIBITS :
11
NONE MARKED
la
17
IN
witness herein, called toe examination pursuant to
notice and the Supreme Court Rules as they pertain to
,he taking of depositions before Angela M . Jones, CSR,
APR, and a Notary Public in and for the County of
20
Tazeweli, State of Illinois, on Wednesday, September 13,
2006, at 416 Main Street, Suite 1400, Peoria, Illinois,
commencing at the hour of 10 :30 a,m .
24
Page 2
APPEARANCES :
Page 4
2
1
(Witness sworn .)
GEORGE MUELLER, ESQUIRE
520 Columbus Street, Suite 204
2
RUSSELL HAUPERT,
Ottawa, Illinois 61350
3
called as a witness, after being first duly sworn, was
and
4 examined and testified upon his oath as follows
:
6
JANAKI NAIR, ESQUIRE
BRIAN J . MEGINNES, ESQUIRE
5
EXAMINATION
6
Elias, Meginnes, Riffle G Seghetti, P .C .
BY MR . MUELLER :
416 Main Street, Suite 1400
7
8
Q Would you state your name, please?
Peoria, Illinois 61602
Or. Behalf of the Petitioner ;
8
9
A My name is Russell Haupert .
DAVID A . BROWN, ESQUIRE
9
Q Mr
. Haup--
10
Black, Black 4 Brown
MR . MUELLER : First Of all, let the record
Morton,
101 South
Illinois
Main Street61550
I I
show
: This is the discovery deposition of Russell
on Behalf of the Respondent ;
12 Haupert taken pursuant to notice, in accordance with
ALSO PRESENT :
13 rules, and by agreement of the parties .
14
Q
Sir, have you ever had your deposition
15
taken before in any case for any reason?
16
A
I cannot recall . I don't think so .
ROYAL COULTER, PLO
17
Q Let me go over a couple of the ground rules
20
18 with you . Everything that I say and that you say is
19
being taken down by a court reporter, so only one of us
20 can talk at a time
. Additionally, nonverbal
21 communication, such as nods
of the head and shaking of
22
the head, can't be taken down by a court reporter ; so we
23 try to say yes and no
. And we also try to avoid
24
equivocal words like uh-huh and huh-uh because we don't
9/13/06 Russell Haupert
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PDC V . PCB
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always know what those mean when we read the transcript
even if we know what they mean in the context of us
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Q
Page 7
Yes, sir .
Based upon your educational background and
being in the room here together
. Do you understand all
of that?
the number of people in your department, I'm going to
guess that your role is more of a policy and supervising
role than it is a hands-on role, plugging stuff into
computers?
A Yes, sir .
Q Is it okay if I call you Russell?
A It's perfectly okay .
Q Thank you . Russell, what is your
A
Well, you know, that might be generally
true, sir
; but since we're a county government and our
operation is somewhat smaller in scope, I'm frequently
called upon to do the actual plugging in when needed
.
And if our customers require it, I do do that .
educational history?
A Well, I have
-- I went to high school in
New York
. I have an associate's degree from Broward
Community College in Florida and a bachelor's degree in
business administration from Florida Atlantic University
in Florida as well .
Q How did you get to Peoria?
A My wife likes cold weather . We had a
Q
Does Peoria County maintain a website?
A
It does .
Q
When was that first originated?
A The original website, as I understand it,
came up in about 1996 . The website in its current
number of job opportunities, and this is the one my wife
incarnation came up in about 2003 .
liked ; and I go where I'm told
. And I am under oath,
sir .
Q Now, what's your residence address?
A 1304 West Brentwood Drive, Dunlap,
Illinois.
Q What's your current employment?
A I'm the IT
director for Peoria County .
Q
A
Q
That would have been under your watch?
Yes, sir.
Actually, was the current incarnation of
the website underneath your direction?
A Yes, sir.
Q Before you came to work in Peoria County,
where were you employed?
Page 6
Page 8
1
Q
How long have you had that job?
1
A HTe,
Incorporated, for Lake Mary, Florida,
2
A I've been here for about four and a half
2 software company .
3 years .
3
Q And how long did you work for them?
4
Q Always in the capacity of IT director?
4
A About four and a half years .
5
A Yes, sir .
5
Q
And before that, where were you employed?
6
Q
Can you tell us what the duties of the IT
6
A I was the director of technology
7 director are?
7
infrastructure for the City of Tallahassee in Florida
.
8
A
Planning, operation, and implementation of
8
Q
Can you tell us, Russell, what a typical
9 IT
systems for each of the county operations departments
9
workday of yours consists of, understanding that your
10
and offices .
10 being here today is not typical?
11
Q And by
IT, we mean Information Technology?
11
A That's kind of hard to say ; but generally
12
A
Information Technology, yes, sir .
12
speaking, I start with touching base with some of the
13
Q So is it your department that is
13
supervisors that work for me, see if there are any
14 responsible, for example, to set up and maintain county
14
pending issues or projects that are ongoing, to see if
15 offices' computers on a network?
15
we're having any problems that need to be escalated or
16
A That's correct, sir .
16 dealt with.
17
Q
And who is your immediate supervisor?
17
I have
-- like probably most of you, I
18
A
Patrick Urich, the county administrator for
18
spend a little time in the beginning of the day checking
19 Peoria County .
19 my e-mail and checking my voicemail and returning phone
20
Q How many people do you have working
20 calls . I might spend some private time doing research
21 underneath you in your department?
21
on projects that are either coming up or budgetary in
22
A 17 . 16 .75, but she accepts to being called
22 nature or the actual technical planning for a project
23 three quarters of a person .
23 that might be coming up
.
24
Q So they report to you?
24
I do --
as I indicated earlier, I act as a
9/13/06 Russell Hau
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PDC v. PCB
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project manager frequently in addition to some of my
staff, so a number of projects might be assigned to me .
And I attend meetings and do the other fun stuff that
government people do efficiently and effectively for our
taxpayers, of course .
Q Tell me how the county's website works .
Describe what it's intended to do, how it functions, and
how you get it to do what it's intended to do . I know
that's a narrative question, but I'm not as technically
adept as you, so I'll let you run with that .
A Website is an on-line representation of a
business or organization . It's generally meant to be a
public face for an operation . We have in-house our own
web servers that we maintain . Once we determine the
content that goes out on a site, I or folks that work
for me will put it up on the site . Visitor comes to see
it, click on our link, and see the various information
that we have out there .
I don't know if that's too general or not
specific enough, but I'm sure you can help me zone in on
something .
Q I'm going to zoom in a little bit . There
are some county records that are maintained on the
Peoria County web page, correct?
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Kendall County and was actually able to access property
record index cards maintained by the assessor's office
and treasurer's office in Kendall County but on-line .
Does your website have that kind of capability?
A Yes, we do .
Q Are, for example, property index cards
available through your website?
A Not the actual property index cards
.
Information that has been indexed and placed out to the
site; whereas, the actual index cards may exist in the
office . Only the information is available on-line, and
we make a copy of that available .
Q Now, with regard to various county offices
that put some of their information on-line, who approves
what information goes on-line? You or the office
holder?
A Generally speaking -- I'm not sure, you
know, "approve" is a good word, but we get requests to
place things on the web
. Generally, they're done by the
department head or someone that works for the department
head, and then we place the items out on the web as
requested.
Q
Well, let's use County Board minutes as an
example because I know that there are copies of minutes
Page 10
Page 12
1
A I'm not sure I understand what you mean by
I
maintained going significantly back into the past . Who
2 county records .
2
determines whether minutes -- strike that .
3
Q Oh, things like minutes of County Board
3
We know the county minutes are maintained
4 meetings . There's an archive of that?
4 on-line, correct?
5
A Oh, sure . Sure .
5
A
A copy of the minutes are on-line . Yes .
6
Q Okay . And what other county departments
6
Q
Yes. Now, how do they get from the County
7 maintain archival information on the web page?
7 Board's secretary's office to actually being on-line?
8
A Well, again, depends on -- you know, I hear
8 What's the physical process?
9 you use "archival" ; and in the IT business, that has a
9
A Well, I have to say that I don't
10 specific meaning . I think generally it's important to
10 specifically know in this case exactly how that
I I understand that most departments are responsible for
11 transpires, but I can tell you in a theoretical sense
12 keeping their own records and archives and that the
12 that we have a function that allows the appropriate
13 website is only a reflection of some of the material
13 parties with security to upload a document . And at this
14
that we have out on the site . It is not meant to be the
14 current time, generally speaking, I believe it is the
15 official repository for those records . So, when you use
15 county clerk's office that determines when it is time to
16
the word "archival," it has a specific meaning to me
. 1
16 post something and is actually in charge of uploading
17
just wanted to clarify that .
17
that
. I would have to, you know, guess at how that
18
So, yes, there are some collections of
18 information passes to where it needs to .
19 documents that are out on the website ; and departments
19
But I do know that the clerk's office has
20 such as county administration, the county clerk's
20 the ability to post them and is generally in charge of
21 office, and my office and a number of other departments
21
determining whether they get posted or not and then
22 actually have the ability to upload documents to that
22 actually does the uploading when the time comes .
23 for the public's consumption .
23
Q You've answered my question . There are
24
Q I was recently on a website maintained by
24
office holders or county offices that have direct
Condenselt
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SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
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ability to upload information to the site?
A Yes.
Q
And in doing that, they don't seek your
approval or help
; is that correct?
A
Unless they have a problem . Sure .
Q
So you're not involved in the process of
day-to-day uploading of information from county offices
to the website?
A Well, I can be
. It depends . We offer our
customers a choice
. If they're not interested in
actually doing the upload process themselves, sometimes
they ask us to take care of it
; and we do so for them
.
Some departments like the immediacy of uploading it
themselves, and we give them that capability
. So we
tend to be flexible according to the customer
.
Q
With regard to the county clerk's office,
which is their paradigm?
A Generally speaking, it's up to them
.
Q
And do you know who it is in the county
clerk's office that does the uploading?
A I
do not, sir .
Q Has anyone from the county clerk's office
ever required or requested your help in uploading
information?
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with Patrick Urich in terms of placing, in a general
sense, information related to the whole procedure onto
the website .
Q And do you recall what Mr
. Urich said to
you in that regard?
A
Not specifically, but the gist of the idea
was that we would like to get as much of the information
as possible out onto the website so that the public
could be involved .
Q Was it your understanding that the website
would be the official repository of information for the
public or that some other place would be the official
repository?
A As I indicated earlier, no . It is just a
reflection for consumption, that official records are,
generally speaking, maintained by departments .
Q
Did you understand, at the time this
process began, what department would maintain the
official records?
A Not specifically
. Just wasn't in my
purview to worry about who was or wasn't .
Q I guess that's my next question . Did you
even concern yourself with that issue?
A No, sir.
Page 14
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1
A Yes .
I
Q
Did you have any input into the methods by
2
Q
And who would that individual have been?
2
which official records would be received, maintained, or
3
A
Megan Fulara .
3 secured?
4
Q Have you dealt directly with anyone else in
4
A From a logistical standpoint in getting
5
the county clerk's office on upload-related issues?
5
them to the web, yes
. In regards to the official
6
A No, sir .
6
keeping of records, no
. There was a point in time where
7
Q When did Megan Fulara last request your
7
people wanted to understand how we could get documents
8
help with an upload-related issue?
8
out to web and what would the work flow be in order to
9
A
It's a somewhat open-ended question ; but in
9 get them out there
.
10
relation to when, I don't have a specific recall of the
10
And I believe at some point
-- again, I
11 day or time
. But in the course of getting documents
I I
don't have the specific e-mail
; but I remember at some
12 ready for
PDc,
it became apparent that they did not have
12
point in time sending out an e-mail that indicated that,
13
the ability or the time to process the large number of
13
you know, if certain information was put in this place,
14
paper documents that needed to be scanned and placed on
14
that we would render that and put it out onto the
15 the web
. So they requested our help in doing that, and
15
website and that if physical documents were forwarded to
16 we rendered that aid
.
16
us, we would scan them and put them in an appropriate
17
Q
See, I knew we'd get to roc eventually
.
17 format and place them on the web
.
18
Let's go back then in time to when the
PDC
18
Q
Did you have an employee who was
19
siting application was filed . Did you have any
19
principally responsible for implementing the physical
20
conversations with anyone in the fall or winter of last
20
logistics of getting material onto the web?
21
year regarding placing the application or a copy of it
21
A No, sir
. Generally speaking, I did a good
22
onto the Peoria County website?
22 portion of the updating
; and the only other person
23
A
Again, I can't be positive as to date
; but
23
involved from my department was Nancy Skillestad who
24
in that general range, I believe I had a conversation
24
actually helped with the physical scanning of documents
/13/ 6 Russell Hau
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when they were paper documents that needed to be
converted . She then forwarded them to me
; and in
general, I posted them .
Q
Did you bring any documents or records with
you today?
A
Yes . They requested my e-mail, and I just
had one document that was basically an announcement of
the process
. It comes from a reserve of communications
the IT
Department sends to the County at large in regard
to our activities, and it happened to mention posting
stuff out on the website .
Q With regard to the logistical process and
the decision-making on how that was going to occur --
and I'm using logistical in the same context as you used
it in answer just a moment ago
-- who participated in
that discussion?
A
I recall Megan was involved . I recall --
and this wasn't a set discussion . We started out with
the idea of
the website ; but, again, we've had various
staff meetings and e-mails, so it's kind of hard for me
to recall specifically . But in a general sense, Megan
from the county clerk's office ; in a general sense,
Patrick Urich, and I'm trying to think of who else might
have been involved . I think Virginia Pearl from the
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and post them out to the web
. And I think that just
about covers it
.
Page 19
Q
Actually, that was a lot .
A It's pretty simple when you're doing it, I
guess . It sounds more complicated than it is .
Q I think you said "when Megan was done
processing it."
What was your understanding of how
Megan would process materials that came in?
A
My understanding of her process is that she
does stuff
; and when she's done doing those things, they
pass them on to us . I'm sorry
. I don't mean to be -- I
know that there is some things that she has to do, but I
don't know what they are . All I know is that we had to
wait until she was done in order to post those
particular physical documents .
Q Would the stuff that she does to your
knowledge include file stamping documents as they came
in?
A I don't specifically know that, sir
.
Q
Did the scanning of hard copies of
documents take place in the clerk's office or in an
office under your direction?
A In an office under my direction .
Q So all of the scanning was done in the IT
Page 18
Page 20
1
county administrator's office in regards to forwarding
l Department?
2 certain e-mails
. Aside from that, I can't specifically
2
A Yes, sir .
3 recall .
3
Q
Did the county clerk's office ever upload
4
Q Did you ever deal directly on any of these
4 documents themselves directly to the website in
5
logistical questions with JoAnn Thomas?
5 connection with the application?
6
A
I don't believe so .
6
A I don't know specifically .
7
Q
So, with regard to the clerk's office, the
7
Q They had that power, though
; is that
8 representative on all occasions that you can recall
8 correct?
9 would have been Megan?
9
A They did .
10
A Yes.
10
Q Who had the power to pull documents off the
I I
Q Can you describe for us the logistical
I I
website?
12 process that was ultimately decided on or ultimately
12
A Well, in a general sense, yes, they have
13
evolved in terms of getting material related to the PDC
13
the ability to delete a document in specific
14
application out on the website for the public to see?
14
circumstances, and I have that ability ; people that work
15
A If there were physical documents, Megan and
15
on my staff have that ability .
16
her office would -- after they're done processing them,
16
Q
Were you ever asked to delete or remove any
17 they would forward them down to us on a weekly basis
;
17
document that pertained to the PDC application and
18
and we would post them by the next Friday, generally
18
hearing that was on the website?
19
speaking, or sooner if we could .
19
A
That pertained to the hearing, no .
20
If they were electronic in nature, like
20
Q
Any PDC-related information, were you ever
21 e-mail comments, they were actually to be dropped into a
21
asked to remove or delete a copy of it from the website?
22 central place on the e-mail server called the Shared
22
A The definition of PDC-related, do you mean
23 Folder for the geeks in the audience
. And then, once a
23
any specific e-mail that mentioned PDC, or do you mean
24
week on a certain date, we would process all of those
24
in the actual filing of the application?
9/13/06 Russell Hau
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Q Anything that mentioned PDC.
A There was one incident where, I believe, a
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to your office on a day other than a Thursday?
A It was relatively uniform
. The only
changes that happened is, as the flow of documents
increased, we might get a batch a day earlier because it
was easier to just send a box down than, you know, a
truckload .
Q So did you keep track of when documents
were physically received and inventory them in?
A No, sir .
Q So there are no written records that would
demonstrate when you physically got documents from the
clerk's office?
A No, sir. They were scanned and placed on
the web in the manner that I indicated .
Q I take it after you were finished scanning
them they would be re-delivered by hand to the clerk's
office?
A Yes, sir .
Q
With regard to transcripts of hearings that
came in, do you know whether those transcripts came in
in electronic form, in paper form, or in both?
A I can only say for sure that I received
them in electronic form
. I'm under the understanding
that paper copies were requested, but I'm not sure
Peter Offutt or a Mrs
. Peter Offutt had an e-mail that
was sent to us that she indicated was not what she had
wanted to send and would we remove that, and I did that .
It was forwarded to me from Mr
. Urich, and I took the
appropriate action in deleting it when I got that
request from the county administrator .
Q
Is that the only deletion or removal that
you were ever aware of?
A To the best of my recollection, yes .
Q
Now, you also indicated that after Megan
was done processing records they would be forwarded to
your department on a weekly basis
; is that correct?
A Yes.
Q
What day of the week would they be
forwarded on?
A
You know, it varied upon the content ; but
generally speaking, I believe it was on a Thursday so
that we could scan it over the weekend, Friday or over
the weekend, and get it posted for the following Monday
.
Q
So the goal was to have stuff in your hands
by Thursday and to get it scanned and on the web by the
following Monday?
Page 22
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1
A
If possible .
1 whether they were delivered or who received them .
2
Q
Where is your office physically located in
2
Q So, with regard to transcripts, they didn't
3 proximity to the clerk's office?
3
have to do the process of physically walking them from
4
A I am on the ground floor, Gl l
. She's on
4 the clerk's office to your office and scanning them
; is
5 the first floor, which is a floor above us and about 70
5 that correct?
6 feet to the left, I think
.
6
A That's correct
.
7
Q
So the forwarding of documents literally
7
Q Now, when you received them in electronic
8 just involved somebody walking them to your office?
8 form, would you receive them from the clerk's office or
9
A Yes, sir .
9 directly from the court reporters who prepared them?
10
Q
And do you recall typically who performed
10
A Generally speaking, I believe I received
11
that function from the clerk's office?
11 them directly from the court reporter
; and I received
12
A
Actually, I don't, sir . I know that Nancy,
12
them on some occasions by e-mail and, on others, on
13
my admin . person, received them and would indicate to me 13
disk .
14 that she was undertaking scanning a batch .
14
Q Did you have any conversations at any time
15
Q What's Nancy's --
15 during this process with any court reporters or
16
A Skillestad .
16
representatives of court reporters regarding the
17
Q Skillestad?
17 logistics of receiving transcripts?
18
A Yes .
18
A My recollection is that at one of the
PDC
19
Q
Can you spell that last name?
19 hearings the question of quantities and deliveries came
20
A S-k-i-I-l-e-s-t-a-d .
20 up, and it was requested that I also receive them
21
Q Was the practice of forwarding documents
21 electronically if possible and that they be e-mailed to
22 from the clerk's office to yours on a weekly basis
22 me.
23 followed uniformly and in every case, or was there
23
Q Was that -- strike that .
24 occasional variation where somebody would walk something
24
1 believe the first day of hearing was
9/13/06 Russell Haupert
Condenseltrr"
Page 25
1 around February 20th, give or take . Were you there?
2
A I believe I was at all the hearings, sir
.
3
Q My question is
: How did the court
4 reporters know to get the stuff to you?
5
A I believe it was one of the first meetings
6
they asked about transcripts and how many copies, and I
7
said they -- the court reporter, whose name I cannot
8 recall, was talking in a group with myself and I believe
9
Mr Unch, and I can't recall who else was standing
10 around
. And they asked about, "How do we handle
I 1
transcripts?" And I believe they requested a number of
12
physical copies and then also asked if they were
13
available electronically . And I said if they were
14
available electronically they could deliver them to me .
15
Q So you provided information as to your
16
e-mail address and also as to your
office location if
17 they were going to be delivered by disk?
18
A Yes, sir . I believe I gave the court
19
reporter my card .
20
Q Do you recall whether or not daily copy of
21 transcripts was ordered, meaning that transcripts would
22 he delivered on the next business day after the
23 information was transcribed?
24
A I don't recall, sir .
Page 26
1
Q With regard to when you received
2 transcripts, do you have a recollection as to typically
3
how long it was after the date of the hearing that was
4 transcribed?
5
A My general recollection is that it varied
6 remarkably
. Some days I got it the next day. Some days
7 it took more than a week
. Again, I didn't record the
8
actual time ; but 1 remember thinking to myself,
9
depending on which court reporter was doing the work, it
10 seemed that information flowed quicker than others
.
I I
Q Do you have any recollection as to which
12
transcripts came in quickly and which transcripts came
13
in on a delayed basis?
14
A No, sir .
15
Q Do you have any records that would allow
16
you to reconstruct that information?
17
A No, sir
.
18
Q Now, on your website --
actually, the
19 county's website, but I like to call it yours
--
20
A Thank you, sir .
21
Q -- we see a listing of transcripts that we
22 were able to find by going through indices
. If you
23 would open the exhibit book in front of you and go to
24
tab 15, you'll see the same thing . Do you have that in
Page 27
1 front of you?
2
A Yes, sir
.
3
Q This appears to be a copy of one of the
4
pages off the Peoria County website printed out on
5
August 15th, 2006 . Would you agree with that?
6
A Yes, sir .
7
Q And we appear to be in a menu of sorts
; is
8 that right?
9
A That's correct
.
10
Q It's the Main County Information Library,
i i
specifically PDC Application Transcripts?
12
A Uh-huh .
13
Q Now, the name column identifies the actual
14 transcript itself; is that correct?
15
A Yes, sir .
16
Q The modification date, what does that refer
17 to?
18
A In general, it referred --
well,
19
specifically, it refers to the last date a change was
20
made upon a file that was posted . There's a number of
21 reasons why that can be; but I think in this particular
22 case, generally speaking, it's the day something was
23 posted . However, if we have to restore a file, have to
24
move files, if we upgrade the website and restore it,
Page 28
1 those dates may change .
2
Q And, in fact, it appeared to us as we were
3 following the process of transcripts getting on-line
4 that the modification date reflected the date that
5 transcripts were posted?
6
A In general, that would be correct if
7
nothing else acted upon them .
8
Q Do you recall whether any transcripts were
9
ever acted upon and modified after being posted?
10
A I do not believe so, sir .
11
Q With regard to transcripts that you
12
received, how quickly would those be posted after they
13
were received?
14
A The transcripts -- okay . I'm sorry
. Would
15 you repeat the question?
16
Q You indicated the transcripts were
17 delivered to you electronically, either by disk or
18
e-mail . From the time that you got them by disk or
19
e-mail, how long would it be until they got posted?
20
A Generally speaking, I tried to post them by
21 the next day if possible, but sometimes that wasn't
22 always possible . You know, I do other things
. I'm
23 trying to sound like a good public servant, but I guess
24 this isn't the forum for that .
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 25 - Page 28
9/13/06 Russell Hau ert
Condenselt
m`
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v- PCB
Page 29 - Page 32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Page 29
MR . MEGINNES : I am impressed
. I am
impressed .
Q You are a good public servant
.
The transcripts that you received
electronically, do you know either way whether hard
copies or electronic copies were contemporaneously
delivered to the clerk's office?
A I do not know that, sir.
Q Did you ever have any conversation with
Megan or anyone else at the clerk's office about that
subject?
A I don't recall, sir.
Q When transcripts were delivered to you
electronically, would you go through any process of
authenticating them or making sure that they were
correct?
A No, sir .
Q And it was your understanding from your
directions from Mr . Urich that with regard to these
transcripts that were received by you electronically,
that copies of them were to be placed on the county's
website as soon as reasonably possible?
A Yes, sir
.
Q And I'm assuming that the process of taking
l
2
3
4
5
6
7
8
9
10
1 I
12
13
14
15
16
17
18
19
20
21
22
23
24
Page 31
PDF, right?
A
Q
Yes, sir.
That, I take it, involves basically some
manipulation of the Adobe Acrobat software?
A Yes, sir .
Q Then, after that, they could be uploaded?
A Exactly .
Q How long would it physically take you to
convert and upload a transcript?
A Anywhere between three and, perhaps,
fifteen minutes .
Q Why would it take fifteen minutes?
A It depends on if the computer was slow that
day, if it was a large transcript or, you know, if I had
other things running on my computer at the time .
Q
A
Q
So you may be waiting for the processing?
The process to finish, yeah .
In other words, if everything was running
smoothly, this is something that could be done in two or
three minutes?
A
Q
It was relatively easy. Yes .
Now, we notice that the second transcript
on Exhibit 15 in front of you appears to have the date
5/3/2006 and says "final"?
Page 30
Page 32
1 an electronic document and uploading it to your website
I
A Yes .
2 involves really nothing more than a few keystrokes by
2
Q Was that the transcript of the May 3rd,
3 you?
3 2006, board meeting?
4
A Well, that's not entirely correct ; but in
4
A You know, I can't tell you from looking at
5
most cases, like with the minutes, we receive them in a
5 this, but I can tell you that that May 3rd is what was
6
format that's called ASCII, which is a general method of
6 specifically there . I'd have to open it up to see
7
transferring stuff. It was not our desire to put things
7 exactly what it was, but I believe you're correct .
8
out on the website that could be in a general sense --
8
Q Generally speaking, the numbers in these
9
not for this specific reason, but generally to put a
9
file names reflect the date on which the information was
10
document out so that it's not as easily altered . We
10
taken down?
11 tend to translate them to Adobe Portable Document
11
A Yes, sir
.
12 format . They're generally easier to read and a little
12
Q And the modification date indicates that
13
bit harder to modify .
13 it's 5/12/06?
14
In this case, we did print them out with
14
A Okay.
15 Adobe Translator and placed them on the web in that
15
Q
To your recollection, does that mean that
16 format as just a web standard kind of thing .
16
this document was posted on May 12th?
17
Q And, in fact, I notice that all the
17
A Yes, sir, in this particular case . Sure .
18 transcripts are PDF files?
18
Q Again, with regard to this transcript, do
19
A Yes .
19 you have any knowledge, either independent or through
20
Q Do you remember whether they were received
20 conversation with anyone else, as to when any form of
21 as PDF files or typically they were received as ASCIIS?
21 that May 3rd transcript was delivered to the clerk's
22
A They were typically received as ASCII .
22 office?
23
Q So the physical process of getting them
23
A I do not, sir.
24 uploaded involves converting them from an ASCII to a
24
Q Were you involved in the preparation of the
9/13/06 Russell Haupert
CondenseltTM
10
something that had to happen . Sure .
I I
Q Were you involved in that process in any
12 way, shape, or form?
13
A
I don't believe I was, sir .
14
Q Well, that's going to save us a lot of
15 questioning .
16
With regard to the materials that were
17
submitted by the County to the Pollution Control Board,
18
do you have any knowledge, either independent or through
19
speaking to any individual, as to whether all of the
20
materials that were physically in the clerk's office
21 made it
into the materials that were submitted to the
22 Pollution Control Board?
23
A
I have no knowledge either way, sir
.
24
Q And with respect to the materials submitted
Page 34
1
to the Pollution Control Board, do you have any
2
knowledge as to whether any materials that were not in
3
the repository of materials kept in the clerk's office
4
made it into the group of materials that were submitted
5
to the Pollution Control Board?
6
A
No, sir .
7
Q Let's go back for a second to Exhibit 15
8
that is in front of you
. And does that document appear
9
to you to be a true and correct copy of the Main County
1o
Information Library menu or index as it existed on
11
8/15/2006?
12
A
"True and correct" sounds like a legal term
13
to me, and I'm not sure what that means
; but it does
14
appear to be a copy of my website from that day
.
15
Q And is there anything unusual about it?
16
A
The formatting sucks
. That's an IT term,
17
but I don't think
-- from an informational standpoint, I
18
guess what I'm saying is this was obviously printed
19
through some application that doesn't render pages
20 effectively .
21
Q At the bottom of
--
22
A
You asked my opinion . I'm sorry .
23
MR
. MEGINNES : Thanks
. That's our job .
24 You come and fix it
.
to legal one
. When I say "a true and correct copy," I
11
think what I'm saying is
: Does this appear to you to
12
the best of your knowledge and recollection to be an
13
accurate rendering of the way the web page looked that
14
day?
15
A Yes .
16
Q Do you know whether all of the documents
17 maintained in the clerk's office were delivered to you
18 for inclusion of copies on the web page?
19
A
I'm sorry . Do I know?
20
Q Either way whether all of the documents
21
relating to the PDC application maintained in the
22
clerk's office were actually delivered to you for
23
inclusion on the web .
24
A I don't specifically know that
. What I can
Page 36
tell you is that anything that we received was
translated and posted .
•
You didn't have any control over what you
received
; is that correct?
A No, sir .
•
So, if somebody had chosen to omit a
document and not deliver it to you, it would not be on
the web
; is that correct?
A From a process standpoint, yes, sir
.
•
In fact, you wouldn't even know that a
document was omitted
; is that right?
A I think that's correct . Yes .
•
When Peoria Disposal Company delivered its
application for siting approval in November of 2006
(sic), I believe that they delivered a copy of the
application on disk . This is not a trick question
. I'm
just asking you if you recall that .
A I think I do .
•
Therefore, it made the posting of the
application itself much more expeditious than having to
scan thousands of pages?
A
Well, certainly. Yes .
•
Do you have any information that would
indicate when the CD-ROM5 or DVD5,
as the case may be,
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 33 - Page 36
Page 33
1
record on appeal in this case?
1
Q
Page 35
At the bottom of the first and second page
2
A
I'm not sure what that means, sir
. Would
2
is a long, what appears to be, address line starting
3
you explain that?
3 with HTTP?
4
Q Okay . As part of PDC's
appeal to the
4 A Yes, sir
.
5
Pollution Control Board, the County had to physically
5
Q
And that appears to be the address of the
6
prepare a copy of documents and submit them to the
6
physical location from which this document was
7
Pollution Control Board
. Are you aware of that
7 retrieved?
8
generally?
8
A That's correct, sir
.
9
A Yes
. I believe I understand that that's
9
Q All right
. My question is really not a
9/13/06 Russell Hau
Condenselt nr7
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 37 -
Page 4
Page 37
Page 39
1
which contained the application on disk were delivered
1 PEORIA DISPOSAL COMPANY,
2
Petitioner,
2 to you?
3
vs .
No
. PUB 06184
3
A
I don't have a specific recollection . No.
4
PEORIA COUNTY BOARD,
4
Q Do you remember who you got them from?
5
Respondent .
5
A
I don't recall, sir .
6
6
Q Did some representative of Peoria Disposal
7
1 hereby certify that 1 have read the
7
physically deliver that to you, or did you get it from
foregoing transcript of my deposition given on September
8 13, 2006, at the time and place aforesaid, consisting of
8
another county employee or officer?
pages I through 38, inclusive, and I do again subscribe
9
and make oath that the same is a true, correct, and
9
A I think I would have remembered if a
PDC
complete transcript of my deposition so given as
10 aforesaid .
10
employee came, but I'm guessing that I received it from
11
ii our -- one of our offices .
12
12
Q And were you involved in any determination
13
Please check one :
13
of when the application for siting approval was deemed 14
1 have submitted errata sheet(s) .
14 complete?
15
No corrections were noted
.
15
A No, sir.
16
16
Q Would it be fair to say that you just
17
17
viewed your role as posting the application
18
RUSSELL IIAUPERT
18
expeditiously once it was delivered to you by another 19
19 county employee?
20 SUBSCRIBED AND SWORN TO
2~
A Yes, sit .
21
before me this
day
of
,A .D.2006 .
21
MR
. MUELLER : Can we take a little break?
22
22
(Recess in proceedings from 11 :20 a,m.
23 Notary Public
23
to 11 :25 a,m.)
24 My Commission c.pire .
24
MR. MUELLER : Mr
. Haupert, thank you . We
Page 38
Page 40
1 have no further questions
.
I
STATE OF ILLINOIS )
) SS
2
11 :25 A.M.
2 COtMrYOPmZEWELL)
33
4
4
CERTIFICATE
55
6
6
1, Angela M . Jones, CSR "k, a Notary
7
(Further deponent saith not .)
7
Public duly commissioned and qualified in and for the
8
8 County of Tasewell, State of Illinois, do hereby certify
9
9
that there came before me on September 13, 2006, at 416
10
10
Main Street, Suite 1400, Peoria, Illinois, the following
1 1
11
named person, to wit :
12
12
RUSSFILHAUPERT,
13
13 a witness, who was by me first duly sworn to testify to
14
14
the truth and nothing but the truth of his knowledge
15
15 touching and concerning the matters in controversy in
16
16 this cause, and that he was thereupon carefully examined
17
17
upon his oath and his examination reduced to shorthand
18
18 by means of stenotype and thereafter converted to
19
19
typewriting using computer-aided translation by me .
20
20
1 also certify that the deposition is a
21
21
true record of the testimony given by the witness .
22
22
I further certify that I am neither
23
23 attorney or counsel for nor related in or employed by
24
24 any of the parties to the action in which this
9/13/06 Russell Hau
Condenselt""
SIVERTSEN REPORTING SERVICE (309) 690-3330
PDC v. PCB
Page 41
-
Page 41
Page 41
1 deposition is taken, and further that I am net a
2 relative or employee of any attortny or counsel employed
3 by the parties hereto or financially interested in the
4 action.
5
In wttrcss whereof, I have hereunto set my
6
hand d of my ~otarial seal September 18, 2006
7
Ii
8
9
l
I I
singe
ones,
12
CSR-"R
IOim
RuExpire d83
Commission Expires 4/30/2010
13
14
15
16
17
OFFICIALSEAL
18
ANGELA M
. JONES
NOTARY PUBLIC- STATE OF ILLINOIS
1 9
MY COMMISSION EXPIRES 430-2010
20
21
22
23
24
9/13/06 Russell Haupert
CondenseIt
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SIVERTSEN REPORTING SERVICE (309) 690-3330
#084-003482
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county
Index Page 1
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adept
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SIVERTSEN REPORTING SERVICE (309) 690-3330
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SIVERTSEN REPORTING SERVICE (309) 690-3330
holder
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Patrick
Index Page 3
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index (6]
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indicate[2]
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indicates
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indices
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Patrick
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read p1 5:1
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ready p1
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really [2]
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reason [2]
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reasons [I1
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receive 131
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recollection (812 1 :11
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records [12]
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related [3]
15 :2
18 :13
40 :23
relating p]
35
:21
relation [1]
14 :10
relative y]
41 :2
relatively [2] 23 :2
31
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remarkably [1) 26 :6
remember
[4)
16 :11
26 :8
30 :20
37 :4
SIVERTSEN REPORTING SERVICE (309) 690-3330
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21 :5
render [2]
16 :14
34
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rendered
[I]
14 :16
rendering
it l
35 :13
repeat [I]
28 :15
report [1]
6 :24
reporter [6]
4 :19
4 :22 24 :11
25 :7
25 :19
26 :9
reporters [4]
24 :9
24 :15
24 :16
25 :4
repository [4] 10 :15
15 :11
15 :13
34 :3
representation
p]
9 :11
representative [2]
18 :8
37 :6
representatives [I1
24 :16
request [21
14 :7
21 :8
requested 17] 11
:22
13 :23
14 :15 17
:6
23 :24 24 :20 25 :11
requests
[1]
11 :18
require 111
7
:11
required p]
13 :23
research [11 8 :20
reserve [t]
17 :8
residence
[1] 5 :20
respect
[1]
33
:24
Respondent
p] 1
:0
2 :12
39 :5
responsible [3) 6
:14
10
:11
16 :19
restore [21
27 :23
27 :24
retrieved p1 35 :7
returning p]
8 :19
Riffle [1]
2
:7
right
[4]
27 :8
31
:1
35 :9
36 :11
role [4] 7 :4
7 :5
7 :5
37 :17
room [1] 5 :3
ROYAL p1
2 :18
RPR[q 1 :0
rules [31 1 :0
4
:13
4 :17
runp] 9 :10
running [2]
31 :15
31 :18
Russell [11]
1 :0
1 :0
3 :4
4 :2
4 :8
4 :11
5 :6
5 :8
8 :8
39 :17
40 :12
S [1]
39 :13
PCB - someone
S-k-i-l-l-e-s t-a d p i
22 :20
saithp] 38 :7
save
pl
33 :14
saysp] 31
:24
scan [31 16:16
21 :20
36 :21
scanned p]
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21 :23
23
:13
scanning [6]
16 :24
Index Page 4
PCB [2] 1:0
393
28 22 29 22
PDC [12]
2 :18
Post [61 12 :16
12:20
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18 :18
19 :1
19 :14
18 :13 20
:17
20 :23
28 :20
21 :1 24 :18 27 :11
posted ii
35:21
37:9
17:3
12:21
21 :21
PDC's []
27 :20
33:4
27:23
28 :5
28 :9
PDC-related [2]
28 :12
28 :19
32 :16
20 :20 20 :22
36 :2
PDF
[31 30 :18 30
:21
posting p]
17 :10
31 :1
36 :19
37
:17
Pearl 11 17 :24
power [2]
20 :7
pending [11
8 :14
20 :10
people [s]
6 :20
practice p]
22 :21
7
:3
16 :7
preparation ['I 32 :24
9 :4
20 :14
prepare
[11
33 :6
Peoria [17]
1 :0
prepared [1] 24 :9
1 :0
5 :15
1 :0 2 :8
PRESENT[i] 2 :17
5 :24 6 :19
7 :12
7 :23 9:24
pretty [1]
19 :4
14
:22
27 :4 36 :13
principally [1] 16 :19
37 :6
39 :1 39 :4
print p] 30 :14
40 :10
printed [21
perfectly p] 5 :7
34 :18
27 :4
performed [1] 22 :10 private [i]
8 :20
perhaps
[11
31
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13 :5
person
[4]
6 :23
problems p] 8 :15
16 :22
pertain
p
221:13 401:0:11
procedure[l] 15:2
pertained [21 20 :17
proceedingsprocess
[20]
p1 37
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20 :19
13 :6
12
:8
13 :11
Peter (2121 :3
21
:3
15 :18
14 :13
17
:8
17 :12
Petitioner p] 1 :0
18 :12
18 :24
19 :8
19 :9
24 :3
2 :8
24 :15
39 :2
28 :3
29
:14
phone [11
8 :19
30 :23
29 :24
31 :17
physical
16 :15
[91
12 :8
36 :9
33 :11
16 :19 16 :24
18 :15
19 :15 25 :12
processing [4] 18 :16
19 :7
21 :13
30 :23
31 :16
35 :6
22 :2
project [2]
8 :22
physically [s]
9 :1
23 :8
23 :11 24 :3
31 :8
33 :5 33 :20
projects [3]
8 :14
37 :7
8 :21
9 :2
place 111] 11 :19 11 :21
property [31
11 :1
16 :17
11 :6
15 :12
11 :8
16 :13
18
:22
19 :21 39 :8
provided [q
25 :15
placed
[s1
11 :9
proximity[1] 22 :3
14 :14
23 :13 29 :21
public [9]
30 :15
9 :13
1 :0
15 :8
placing [2]
14 :21
18
:14
15
:12
28
:23
29 :3
15 :1
39 :23
40 :7
planning [21
8 :22
6 :8
public's [q
10 :23
plugging [2] 7 :5
pull
pursuant
[1]
20[2]:10
point
7 :10
[3116 :6 16 :10
purview
4 :12
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1 :0
16 :12
Put [71 9 :16
15 :21
policy
[1)
7 :4
16 :13
11 :14
16 :14
Pollution [7] 1 :0
30 :7
16 :16
30 :9
33 :5 33 :7 33 :17
qualified [1]
33:22 34:1
34:5
40:7
Portable [1] 30 :11
quantities [t] 24 :19
portion [I]
16 :22
quarters [1]
6 :23
positive
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14 :23
questioning [q 33 :15
possible [6]
15 :8
questions [2)
18
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22 :1
38 :1
24 :21 28 :21
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26 :10
19 :20
19 :24
23 :15
24 :4
22 :14
school
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scope
111
seal p] 41 :6
second p]
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7 :9
31 :22
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secretary's [I]
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security p]
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16 :3
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9 :17
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26 :21
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September
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39 :7
40 :9 41 :6
servant
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29 :3
server[i]
servers [I]
28 :23
18 :22
9 :14
Set [3]
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41
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shaking 114
shape [1)
17 :18
4 :21
33 :12
Shared
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sheet 11139 :13
shorthand[q
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Sic [1]
36 :15
18 :22
40 :17
significantly [1]
12 :1
simple
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19 :4
site [5] 9 :15 9 :16
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11 :10
13 :1
Siting (3]
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36 :14
37 :13
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22
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slow
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31
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smoothly [1l 31 :19
software
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8 :2
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someonep] 11 :20
Condenselt
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remembered[i]
28 :12
37 :9
range [I ]
14 :24 removal[1]
re-delivered [I] 23 :16 remove [3]
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28:21
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18:19
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28:14
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28:23
sounds [2]
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South
pl
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speaking [131 8:12
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specific
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specifically
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p q
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40:1
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1
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30:16
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standpoint p]
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34:17
36:9
start[ ll 8:12
started [ll
17 :18
starting p1
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state [41 1 :0
4:7
40 :1
40 :8
stenotype p 1 40:18
Street [s]
1 :0
2 :3
2 :7
2:11
40 :10
strike 121
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stuff [8] 7 :5
9:3
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subject p 1
29
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submitp]
33:6
submitted
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33:21
33:24
34:4
39:13
subscribe p] 39:8
SUBSCRIBED p ]
39 :20
such [21
4:21
10:20
sucks p1
34:16
Suite [4]
1 :0
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40 :10
supervising 11 7:4
SIVERTSEN REPORTING SERVICE
(309) 690-3330
sometimes
- zoom
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supervisor pl 6:17
29:4
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21:18 zoomp
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supervisors p] 8 :13
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Supreme
p]
1 :0
Sworn [41
4 :1
transferring p] 30 :7
translate [1]
30:11
various [3]
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11 :13
17:19
4:3
39 :20
40:13 translated
p1
36:2
viewed (11
37
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systems ill
6:9
tab
ill
26 :24
taking
[2)
1 :0
29:24
translation [q 40 :19
Translator ill 30:15
transpires y]
12:11
treasurer's y]
11 :3
Virginia
[1[
17 :24
Visitor pl
9:16
voicemail
pl
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VS 121
1 :0
39 :3
Tallahassee [1] 8 :7
taxpayers (q 9:5
Tazewell pl
1 :0
tricky] 36 :16
tried (I] 28:20
truckload [1]
23 :6
wait[i]
19:14
waiting [p
31 :16
walk
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true [6]
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walking (2)
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technically [1] 9:9
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technology p] 6
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truth [2] 40 :14
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4 :23
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term [21 34 :12 34:16
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typical [2]
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testimony y] 40:21
typically (4]
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thank [31
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thereafter[1] 40
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underneath [2] 6:21
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word [2] 10 :16
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words [2]
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uploading [7] 12:16
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transcripts [231 23 :19
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yourself [I]
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Exhibit 15
KAREN RAITHEL
9-28-2006
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEORIA DISPOSAI . COMPANY,
Petitioner,
-vs-
;NO . PCB 06-184
PEORIA COUNTY BOARD,
Respondent .
Tine deposition or
KAREN RAITHEL, a material
witness herein,
ca-led
for examination pursuant to
notice and the Supreme Court Ruies 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 Thursday,
September 2Eth, 2006, at 416
Main Street, Suite 1400,
Peoria, Illinois, commencing at the hour of 2 :00 p .m .
APPEARANCES :
GEORGE MUELLER, ESQUIRE
Columbus :-tree;, Suite 204
Ottawa, Illinois 61350
and
JANAKI NAIR, ESQUIRE
BRIAN
MEGINNES, ESQUIRE
Elias,
Meoinnes, Riffle & Seghet_ti, P .C .
416 Main Street., Suite 1400
Peoria, iliino_s 6160
on behalf _ . the Petitioner ;
DAVID A . BROWN, ESQUIR?
Black, Black & Brown
101 South Main Street
Mo-ton, Illinois 61550
or.
behalf
of the Respondent ;
Page 1
PEORIA DISPOSAL COMPANY
v .
PEORIA COUNTY
BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
ALSO PRESENT :
Chris
Coulte_ .
N G
WITNESS
KAREN
RF.ITHEL
Exam'_na_ior~ by Mr . Mueller
EXHIBITS
Rai`_hel Deposition Exhibit No
.
Rail: el Deposition Exhibit No
.
Rai.--he- Deposition Exhibit No
.
Raithe_ Deposition Exhibit No . 3i .
. pg .
Page 2
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
0
deposition of Karen Raithel taken pursuant to
Q So you went to work for Peoria County
P notice, in accordance with rules and by agreement
10 basically right out of college?
1 of the parties
.
11
A Yes .
Is it okay if I call you Karen?
12
Q
What was your initial job for Peoria
3 A Yes .
13 County?
2 4
Q Karen, have you had your deposition ever
A It was recycling
-- I'm sorry . solid waste
25 taken?
15
management assistant .
16 A
No .
6 Q What were your duties at that job?
1
Q A couple of simple ground rules that we
_
A Basically correspondence, preparing
1.6 need to follow then are that because everything is
1 n
mailings, assisting the director at that time
.
19 being taken down by a court reporter only one of us
1 9 phone calls, whatnot .
2 0 can talk at a time . So we should try to avoid
2 0
Q
Did you do any landfill inspections?
2
: talking over each other and let each of us
21
A
No .
22 respectfully finish our questions and answers .
22
Q Have you ever been to the PDC landfill?
23
Secondly, nonverbal communications such as
23
A Yes .
24 gestures and nods of the heads cannot be taken down 24
Q For what purpose?
P,ae 4
Face
2
by the court reporter . So we want to answer all of
the questions verbally . Do you understand both of
3
those things?
4
A Yes .
•
If I ask you a question and you don't
understand it, feel free to have me rephrase it .
If I ask you a question and you do understand it --
or you do answer it, I'm going to assume that you
understood it . Is that fair?
10
A Yes .
•
You know you're under oath?
A Yes .
•
What's your address?
A I I 1 West Autumn Lane . East Peoria,
Illinois .
•
How long have you lived in East Peoria?
A Eight years .
•
What is your marital status?
A Single .
•
Where are you employed?
A County of Peoria .
•
Can you provide your educational
background?
A I have a bachelor's of science in business
6
9
1
A A tour .
2
Q You've never been there in connection with
3 the exercise of your official duties?
4
A No .
-m
Q What is your title now for Peoria County?
6
A
Recycling and resource conservation
i
director.
P
Q How long have you had that title?
9
A Well, I have been in the position for I
'_ 0 believe five years .
1'_
Q What is your annual salary?
12
A 48,000 .
13 Q Who is your immediate supervisor?
14
A Patrick Urich, county administrator
.
15
16
17
1
19
2n
21
22
2s
24
Q Do any people report to you in your present
capacity?
A Yes .
•
How many people report to you?
A Currently .three .
•
Who are they?
A Mary Akers
. Rebecca Catchrell and Katy
Bates .
•
Tell me generally what the duties of your
job are .
Pages 3 to 6
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
1
management
. I graduated from ISU' .
Q
A
What year?
1993
.
c
Q
A
Q
A
Do you have any postgraduate credits?
No .
Where did you work before Peoria County?
I had a summer school job at Swiss Colons
in Eastland Mall .
P0 -1e
1
KAREN ANN RAI I IIf1 .
2 a material witness herein
. being dub sworn . was
examined and testified as timllows :
4
EXAMINA I ION
5 BY MR . M1Fl LLI{R :
r Q Would you state your full name, please?
A Karen Ann Raithel
.
Q Let the record show this is the discovery
KAREN
RAITHEL
9-28-2006
!aa? Lt
filed its application you had a conversation with
Pat Urich and he said Karen, You're going to be
doing most of the legwork on this or something to
that effect?
A
I Ic put me on notice that . yeah . I was to he
invoked
.
•
Were you given any additional staff to help
you with this project?
A No.
•
Were you involved in any way, shape or form
with the project prior to the application being --
prior to the application being filed when people
from the Patrick Engineering were doing what was
called the prefiling review?
A Yes .
•
What was your role in the prefling review?
A
I was involved in selecting the candidates .
interviewing the firms . I don't know that I had
much communication with Patrick Ingineering . I
don't remember .
• When you say "the candidates," you're
talking about the candidates to be the county's
consult -- expert outside consultants?
A Correct . The enginee '
correct .
Page 10
•
Did you make a recommendation as to who
should get that assignment?
A I was involved in the decision
. I put my
opinion forth .
•
What was your opinion?
A To select Patrick Engineering .
Q
How many candidates were there for the
prefiling review spot?
A I believe we interviewed five .
Q Was part of your job in connection with the
overall application and hearing process to also
keep track of the money?
A Yes .
•
Because I will tell you that in going
through materials that Mr
. Brown brought over
today, which he identified as your records, I
didn't see any financial records but I didn't go
through it at length .
If you can comment on that and tell me
either I missed them or they're somewhere else .
A They're in my office .
MR . MUELLER : So, Mr . Brown, can we
have Ms . Raithel supplement her production with the
financial records pertaining to the application and
Pages 7 to 10
PEOPIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
Pane
2
6
..
A Oversee the intergrated solid waste
1
CC
N
management plan, encourage recycling in Peoria
County . maintain recycling programs and offer
programs to residents to dispose of materials .
Q Does that get you out of the office
periodically or is it mainly a desk job?
A Mostly at my desk : however . I do get out to
do events .
9 Q How much day-to-day contact do you have 9
1 0
with county board members?
10
11
.4 I don't anticipate having a lot of contact
11
1 2 with them unless it's for a committee meeting
.
12
1 .5 Q Are you required to attend certain county 13
14
board committee meetings?
14
1 "_ A I don't know that I'm required . but it is
15
1 6 expected to attend .
16
17 Q
Which committee meetings do you go to?
17
18 A Health and environmental issues, facilities
1 :?
9 committee, and then the city county landfill
19
committee .
20
Q
Who is the chairman of the health and
21
22 environmental issues committee?
22
A Pat Hidden .
23
2
Q Who's the chairman of the county landfill
24
2
Page 6
committee?
1
2 A Les Bergsten
.
2
3 Q Who assigned you duties in connection with
4 the landfill hearings?
4
A Well, in part, it's by the statute that
says the solid waste management director, now the
6
7
recycling director, is to coordinate procedures and
7
6
make plans and coordinate activities
.
8
9
Q You're talking about the local ordinance?
9
10
A Correct .
1 C0
'-'- Q So it was your understanding that based
12 upon your title as the recycling director the
12
1 !
management of the logistics of this hearing and
13
1 4 application process fell primarily on you?
11
1'~ A I would take that . yes . my boss expected
1
16 it .
16
17
Q This is more than you bargained for, isn't
18
i t?
19 A Yes .
10
2 0 Q By the way, we understand that . Who's the
20
21_
chairman of the facility's committee by the way_"
22 A Eldon Polhemus .
-
~!
22
23 Q
So I'm going to assume that at some point
2C
2 4 at or about or perhaps before the time when PDC
24
KAREN
RAITHEL
9-28-2006
Page 11
hearing?
MR . BROWN : We can certainly do that
.
My understanding at the time was that when we
gathered up these documents was that she's already
produced all of those to counsel for PDC . So it
6 was kind of duplicative to produce them again . but
if you want them produced again . we can certainly
do so .
MR . MUELLER : If we have them
. I've
never seen them . I'm unaware that they have been
_ _ produced
. I don't want to make you do extra work
12 for nothing .
13
MR . BROWN
: W e can follow up on that .
4
MR . MUELLER
: So the answer is if we
12 don't have them we'll get them
. and if we do have
16 them, we'll look harder . Is that fair?
1 %
MR . BROWN
: Yes, absolutely .
1? BY MR
. MUELLER :
1 `1
Q Just as a ballpark figure, and it's not a
2 0 trick question, I won't hold you to it, but
_ approximately how much did the county spend on
22
Patrick Engineering's services
.
23
A 200,000
.
2
4
Q Was there --
who as the person at Patrick
Page 12
that you primarily dealt with?
2
A
Chris Burger .
Q
Was he sort of their project manager for
this project?
A Yes .
6
Q
Did you participate substantively in the
7 prefiling review, and I distinguish substantive
8 from logistical to mean that you had actual input
9 about what was good, bad or indifferent about --
10 regarding the application?
11.
A
I don't recall having any substantial part
12 on that .
13
Q I mean, my sense of it, Karen, is that, and
_ 4 tell me if I'm wrong, that you were really a
11 coordinator here who made sure that things ran
16 smoothly, pulled people together, you were a
11
contact person and kind of a central repository of
'-
a information and directions but that you didn't
really decide stuff, is that a fair, general kind
2 0 of a statement?
21
A Fair statement .
22 Q What was your understanding about what
2 3 contact the staff people which would include you
24
and the Patrick people could
have with the
1
Paoe _$$
applicant and with the public once the application
was filed?
A I'm sorq
. Can you repeat that?
•
What was your understanding about what
contact the Peoria County staff people could have
with the general public and with the applicant
regarding the application once it had been filed?
A I believe we were not to have contact with
the applicant . With the general public
. we could
listen .
•
Were you approached by representatives of
opposition groups and provided with their input,
opinions and so-called facts at various times while
the application was pending?
A
I had communications with them, yes .
•
Which ones do you specifically remember
having communications with?
A
I had a meeting with Peoria Families
Against Toxic Waste
. I had conversations with Tom
Edwards and Joyce Blumenshine
. I can't remember
the other ones
.
•
The conversations with Blumenshine and
Edwards, were they initiated by them?
A Oh . yes .
Page 14
1
Q Where did they take place?
2
A Somewhere in the courthouse whether it
3
would be with Edwards, he was usually in attendance
4 at the county board meetings or he would come into
5 the administration office to drop off some items
7
6 for the county board in which I may have run into
him or he was at the landfill committee
.
8
Q
The meeting with Peoria Families Against
9 Toxic Waste, where did that meeting take place?
10
A
Fourth floor county board room .
11 Q Do you remember when it took place?
12
A In January .
•
Who was present?
14 A It was myself and Patrick Urich and Kim
--
15 I don't remember her last name
. marketing place .
1 6 Q Should we help her? Converse?
_
A Yes, and Annie Kirchgessner
.
18
Q
Do you want to give us a phonetic spelling
1 9 or a real spelling if you know it?
20
A
K-I-R-C-H-G-E-S-S-N-E-R .
21
Q What was the purpose of this meeting as
22 explained by the Peoria Families representatives
23 that were there?
24
A Well, I believe that was an opportunity for
Pages
11 to 14
PEORIA DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
24
the application or during the hearing process?
1
A Not that I remember .
11
•
Did he ever call you to talk to you about
12
the application or the hearing?
.
13
A I know he called . I talked to him . and I
14
don't remember whc . I beliese it was just
15
something that -- it was something the' were
tiling . and he wanted to send me an electronic
cop) .
1 E
• When you met with the Peoria Families, how
19
did Kim Converse identify herself in terms of her 20
capacity in that group?
21
A I don't remember .
22
23
24
•
Did she say she was the chairman or the
president or anything like that?
Page 16
Page 1.6
governed the application and hearing process
--
A Yes
.
•
-- is that true?
A Yes .
5
Q Both of those call for filings to be made
6 with the county clerk and for everything that gets
into the county clerk's possession during the
o course of the proceedings to become part of what's
`-^ known as the record?
10
A Correct .
A I don't remember that .
•
But you clearly remember that she
identified herself as a representative of a group
called Peoria Families Against Toxic Waste?
A I
don't know if at that time they had
established Peoria Families . I don't remember the
timeline or it that was something that was in the
works .
•
Did either you or Mr
. Urich ever say to her
or her sidekick at that meeting anything to the
effect of, you know, you're going to get a chance
11
Q Did you have any discussions with the
to present your views at the hearing and you're not
12 county clerk or any deputy county clerks ever about
supposed to be talking to county representatives
1 3 how that was going to be accomplished and who was
outside the hearing process?
14 going to be responsible for that?
A
Mr . Urich I believe made the comment that .
15
A
I may have talked to Megan . I don't know
N es . there would he opportunith litr all parties to
i 6 am specifics about a conversation
. but it was
express their opinions .
1
clear that the count% clerk was responsible lbr
•
That's what I get for asking a compound
18 keeping the record . That's why materials would he
question because you answered the first part of it .
1
9
brought to her .
th
Did Mr. Urich or you also caution them that
2
n
Q I understand it was the county clerk's
ey weren't supposed to be communicating with
21
responsibility and it's really not fair to you to
county board representatives outside the hearing
22 ask you a whole lot of questions about it, but
process?
2 3 we're suffering from the disadvantage of the fact
A I
don't know d am thing was said to that
24 that Megan Fulara had some very severe amnesia on
1
•
At the various times that you were
approached by different people and you remembered,
for example, specifically Joyce Blumenshine and Tom
Edwards, did you ever say anything to them in the
nature of you're not supposed to communicate with
us, meaning county representatives, outside the
hearing process, you'll have plenty of chances to
say your peace at the hearing?
A
I don't recall ever sa\ ing something that
specific .
•
Did you say anything general that conN eyed
that message?
A I don't recall saying -- I don't know i I I
did or not .
•
Let's change subjects then . Were you
involved in decision-making about how to accumulate
and maintain a record of filings and other
pertinent documents during the application and
hearing process?
A I don't know .
•
I take it you were generally aware of both
state statute and the county ordinance that
Pages 15 to 18
PEORIA DISPOSAL COMPANY
V . PEORIA COUNTY BOARD
PCB06-184
Page
Fag-
1 them to explain their opinions on the PDC landfill
effect . I do think that Patrick would hate said
2
to the counts administrator and Nou .
something . but I cant sa\ lot sure.
Q You guys weren't making the decision
. Why
3
would they want to sit you guys down to tell you
4
their opinions?
5
6 A I don't know .
6
Q
A
Q
Was David Wentworth with them?
No .
c
Did you ever meet with him privately about
KAREN RAITHEL
9-28-2006
-age
Mr. Haupert's IT people?
A No .
•
He indicates that various county
departments actually have that capability .
Do you have that? Does your department
have that capability?
A I don't knoe since oe ve changed websites
.
I did pre\ ions . but that was onh tbr departmental
stu17.
•
Both the original staff report and the
supplemental staff report ended up on the website?
12 You're shaking your head yes?
13
A Yes .
14
Q Those were documents prepared by the county
15 staff, and I presume after they were done being
1 6 prepared they were given to you then for
1
appropriate circulation, right?
•
What about materials prepared by the county
18
.
A Yes .
staff for the assistance of the county board? "'hat
1 9
Q First of all, did you have any substantive
was your understanding as to whether or not those
20 participation in preparing either the staff report
would be part of the record?
21 or the supplemental staff report?
A The staff report gas tiled in because it
22
A I'cas involved. yes .
met betbre the 30 daN s past the public hearing .
23
Q Did you do some edits on it, proofreading,
SO .
'es . I understood that part .
24 so forth?
Page 20
1
Q We'll get to the staff report because I
2 have some questions about that .
Were you ever involved in any discussions
3
4 about what materials relating to the application
4
5 would be maintained on the Peoria County website? 5
7
6
A If my boss told me to put it on the
6
website . I sent it alone .
E
Q Let's back up a little bit then . We have
8
9 deposed the county's IT director
. Do you know his
9
10 name?
10
11
A Russell IlaUpert
.
_ _ Q That's correct . Did you have any
12
13 conversations with Mr. Haupert about maintaining _3
14
15
16
18
19
20
21
22
23
24
the day we deposed her . We're trying to fill in
1
some gaps there.
2
To your understanding, she knew that the
3
clerk was responsible for keeping the record?
4
A As far as I knm+ . ves .
•
You knew what was meant by the concept of 6
the record, right?
A
I took the record as to mean the materials
9 that people would he tiling .
9
•
That's what we took the record to mean, 1
-
also .
So the application to be part of the record
and letters that people sent in commenting on the
application would be part of the record and the
exhibits at the hearings would be part of the
record, correct?
A Yes .
14 space on the website for PDC application related
15 material?
16
A Yes .
1 7
Q Were you, in fact, the one that suggested
1 8 that material should be on the website?
19
A Patrick did .
20 Q Were you present when he suggested that?
21
A
I know I "as at a meeting N% here he
22 announced it to stall :
23
Q Did you have the ability to upload things
2 4 directly onto the website without going through
11
1
Pa :e
Page
A Yes .
•
Who else was involved in the actual writing
of the staff report --
A The stall' report --
•
-- and the supplemental staff report?
Let's consider them a unit now unless there's major
differences between the two .
A
Patrick Engineering. Chris Burger : Steve
Van I look
. their consultant : John Baker: Patrick
t Inch
: myself and then there may have been items
pulled
•
tom stall' reports prepared independent;.
Would the group that you just identified
meet periodically in February and March for the
purpose of working on the staff report?
A Yes .
• When the staff report and supplemental
staff report were done, whose job was it to
see to
it that they were printed or typed and captioned
and had a cover page and all that?
A
'fhe stall report Scott Sorrel and myself
and Patrick worked on the document . I took the
document to Kinko s lbr copying . and then provided
the distribution to stall
: county hoard .
•
Once you got it back from Kinko's, what did
Pages 19
to 22
PEOPIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
2
4
you physically do with it?
A
Put it in ms car. drove to the courthouse
.
then prepared -- I know I prepared envelopes for
staff It was a I uesdas . and I believe I took it
to the counts clerk's office it was either before
landfill committee or alter landfill committee .
•
I know these are probably boring and they
seem like stupid questions, but we honestly didn't
6
know before we were asking you and we're interested
9
1
12
3
4
15
16
17
1E
19
20
21
22
in the process .
So you physically delivered at least one
copy to the county clerk's office?
A Yes .
•
Understanding then that was your way of
placing it in the record
A Yes .
•
Did you deliver a copy to the IT department
for uploading to the web, to the Peoria County
website?
A A paper cops_ no .
•
Was there an electronic copy?
A Yes .
Q
A
Page 24
which one it was . either the staff report or the
supplemental . I didn't hase the capabilits of
adding PD's to the o thers. s o Nanq Carter who had
the software and the know ledge to do that . but I
don't remember which one I sent and which one she
Page z
F- e _J
believe the last three were hard cop\ and
electronic .
•
Let's talk about the transcript of the
April 6th meeting of the committee of the whole .
You know the meeting I'm talking about?
A Yes .
•
Who first received that transcript at the
county?
A Me .
•
The court reporters were instructed to get
the transcripts to you, is what you're telling me ?
A Ycs .
•
In what form did you receive the
April 6th transcript?
A I beliese I receised it in both paper and
electronic .
•
Simultaneously or did you receive one
first?
A I don't remember.
•
Now, when you say received electronically,
do you mean that they brought you a disk or that it
was E-mailed to you?
Did you transmit that to Mr
. Haupert?
23
A I don't remember.
One staff report . and I can't remember
2 4
Q
Mr. Haupert's indicated that he received
Page 26
copies of the transcripts electronically typically
as an E-mail attachment .
Would he have gotten them from you rather
than the court reporters?
A I think -- and I apologize for not
remembering
. I don't remember which ones were
E-mailed and which ones were on disk .
•
But I think the question, though, is did
the court reporters give transcripts directly to
him as well as you or did you get them first and
then ,vou distributed them to other pertinent
people?
A If I remember correctly, the ones that were
sent to Russell were the public hearing had a
request to have them electronically .
•
I'm not sure I understand your answer.
A I don't know if I received the last three
transcripts paper and a disk, which if I recall
correctly that's how I received them . but I want to
say that -- I don't remember how the public hearing
came electronically .
•
We're mainly interested so that we can
focus this down on April 6th and May 3rd . So
let's confine ourselves to those two .
Pages 23 to 26
PEORIA DISPOSAL COMPANY a . PEORIA COUNTY BOARD
PCB06-184
6 sent .
6
7
Q But you guys sent them then to the IT
7
E
department rather than uploading them directly to
6
9
the internet?
9
10 A Correct .
10
Q Did you ever receive as the primary
11
1
recipient any of the transcripts of the hearings?
12
13
A Yes. I received then all .
13
i4 Q
Who hired the court reporters?
14
i-
A Dace Brown
.
15
16
Q When transcripts were received from the
16
court reporters, who did they come to initially
17
16
before distribution to others?
1F
A
During the public hearings . there score a
19
20 couple of them brought by the court reporter
20
21 initially gisen to Dave . Dace gase them to me .
21
22
the rest of them were brought to me .
22
23 Q In hard copy or electronically?
23
24 A The first ones oere onls hard cop)
. I
24
KAREN RAITHEL
9-28-2006
A
Yes .
9
Q What did you do with --let's talk about
"
the April 6th transcript. Back up .
How long after April 6th did you receive
11 that transcript?
12
A I don't remember
.
13 Q Would you have any records that would
_ 4
indicate when that happened?
1
A Not unless it was on an invoice from
16 Alliance .
: . %
Q
You and I are thinking alike here because
my experience with court reporters is when
they
1 9 deliver you a transcript there's usually
an invoice
20 in the envelope .
21
Do you recall that also being the case with
22 the transcripts that were delivered?
A It could be
. I don't remember .
2 4
Q What did you physically do with the disk
2 4 physically place it in her hand or just drop it off
Paqe 29,
Page 30
1 and the hard copy of the transcript after you
2 received it? We're talking about April 6th now
.
3
A Well
. the disk would have gone down to
4 Russell
. Paper cop} I ,'ould distribute to Patrick
and one tier me
. take one to -- the original and a
cop' to Megan
.
7
Q Would you do that typically the same day
8 that it came in?
9
A I don't remember.
10 Q On April 6th, do you have any
'_ 1 recollection as to how soon after you got the
1 2 transcripts that you gas a them to Megan?
12
A I don't remember
.
1 ,
Q I assume your purpose in giving a hard copy
15 of the transcript to Megan was so that there
would
1 6 he hard copy of the transcript in what you
1 ' understood to be the official record :'
16
A Correct .
199
Q Let's talk about the May 3rd transcript
.
2 0 Do you remember the form in which that was received
21 by you?
A Paper and electronic
. disk .
23 Q Do you remember on what day it was
24 received??
7
promptly after you got it?
A
Yes .
9
Q Mr. Haupert testified that the May 3rd
15 transcript was posted on the Peoria Counts
website
11 on May 12th
. He also testified that he typically
12 would post transcripts the day that they were
13 received or the next day which would if we took
14 those two assumptions indicate that he got the
15 transcript from you on May 11th or 12th .
16
Is that consistent or inconsistent with
17 your recollection?
8
A That
' mild he consistent .
19 Q What did you do with the hard copy of the
20 May 3rd transcript?
21
A The usual
. myseltu copy . Patrick a cops .
22 Megan gets the original and a cop'
.
2 3 Q
Now, when you say "Megan gets," would you
1
at the front counter in the clerk's office with a
note or a Post-it indicating it was for Megan?
3
A No . Either gave it to her
-- if she wasn't
4 in her office
. I would put it either on her desk or
5 in her in-box, on her chair
.
7
6
Q So you went the extra mile to make sure it
got directly to her?
8
A Yes .
•
Let's go back to April 6th . There were
circulated --
actually, I want to go back a little
further than that . I want to go back to when
the
first staff report was prepared .
How did it get into the hands of the board
members?
A
We used the sheriffs, I can't remember
what they call them, but they serve once to people .
So they have --
they are out in the community and
they delivered them to the county board members
. I
don't remember the person, but there was --
•
So one of the board members testified that
he remembered a cop bringing the staff report to
his house--
A A process server
.
•
His recollection was accurate?
Pages
27 to 30
PEORIA DISPOSAL COMPANY
V . PEORIA COUNTY
BOARD
PCB06-184
Paae
Page
A Okay .
1 A No . I don't .
2 Q What's your best recollection as to the
2 Q Do you remember how long after you received
form in which you received those transcripts?
3
it you gave the disk to Russell, if, in fact,
4
A
Q
reporter,
Paper and a disk .
Hand delivered to your office by the court
correct?
4
rQ
that's what happened?
A No .
Did you give the disk to Russell reasonably
KAREN
RAITHEL
9-28-2006
Page 32
1
Q Moving forward then to April 6th, we've
2 learned that there were floating around or at
5
3
least --
that's a bad term, they were in the hands
4
of board members on April 6th some alternative
findings of fact on color coded sheets . Do you
6 recall that?
A Color coded. y es .
6
Q
W e have the pink, purple and the yellow
9 sheets?
10
A Correct .
1 i
Q
The way that I remember it is that purple
12 stands for royalty
. So, of course, that would have
_ S meant approval for Royal Coulter
.
14
A
No comment .
15 Q You guys didn't happen to pick purple based
16 upon the same reasoning, did you, for the approval
1 7 sheets?
13
A With Ro_val Coulter
. I don't think that was
1 9 the reason why we picked purple
.
2 0 Q Okay . So I'm the only one that made that
21 connection .
22
A I
believe those there the colors in our
23 supply .
21 Q I knew there would be a more mundane
Paoe
1 reason .
2
Who physically authored the alternative
3 sets of findings that were used on the color coded
4
sheets on April 6th?
A
I believe it was a collection of Dave
6 Brown . Chris Burger
. Patrick Urich . myself.
Q Then once again, did it fall to you to
8 actually run them off and get them on the proper
9 color coded sheets and get them in the proper
10 number of copies?
11_
A
I myself and a helper .
12 Q How and when did those color coded sheets
13 get into the hands of county board members?
14
A I don't remember.
15
Q Well, the reason I'm asking is because
16 board member Mayer showed up at the
17 April 6th meeting with his own set of color coded
concerned?
A Yes .
•
The supplemental staff report, was it also
hand delivered to county board members?
A I think so .
•
Whose decision, by the way, was it to issue
the first staff report before the end of the 30-day
post-hearing period thereby inviting response from
the participants?
A I don't know .
•
Was the supplemental staff report also
1 6 sheets with regard to criterion I . Do you recall
filed in the clerk's office?
19 that?
A
I don't know .
20
A Yes .
• If it wasn't filed, was it the result of
21 Q I think he had, like, an alternative set of
inadvertence or because you didn't think it should
22
pink, disapproval findings for criterion 1
. Does
be part of the record?
2
3 that ring a bell?
A
Probably inad'crence .
24
A
I believe so
. yes .
1
2
Page 34
•
So what we're trying to understand is how
did he get your version of the pink criterion I
findings and when did he get them in relationship
to the April 6th meeting?
A
I don't know .
•
Did he ever participate with any of you in
the drafting of proposed findings?
A Not in my presence
.
•
Did he ever ask for advanced copies of
anything to be E-mailed or delivered to him for his
review?.
A Not from me
.
•
Did you ever provide anything to him in
advance of it being provided to any other board
members?
A Not from me . no .
•
You say "not from me."
Does that mean it
might have been provided with
your knowledge from
other people?
A I wouldn't know
.
•
So your answer is you have no knowledge
about Allen Mayer ever getting anything ahead of
time?
A Correct
.
Pages 31 to 34
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
31
A A process set'ern
ces .
Q
That's still a cop.
A Yes .
Q
Why did you do it in that fashion?
A Lxpedicnc;
. I hey would he delivered that
t
dat .
Q
Time was of the essence as far as you were
KAREN RAITHEL
9-28-2006
4
24
2
Pace
•
Did you have in your office ever a file
stamp to indicate that a document was received or
was all the file stamping of documents in the
record done in the county clerk's office?
A It wasn't done by me .
6
Q Did you have a county clerk or a county
file stamp in your office?
A No .
`+
Q
Now, there was prepared apparently a
1 0 another set of findings which are file stamped by
11 the county clerk's file stamp April 27th, 2006,
1 L and with them were a couple of documents called
'_ 3 agenda briefings that indicate that they were
14 authored by you .
1"
Does any of that ring a bell?
1 6
A Not off the top of my head, no .
17
Q
You have in front of you an exhibit book .
1 u
I have a few questions about items in here
.
19
If we can turn to Exhibit 12, are you
2 2 looking at a document entitled Agenda Briefing,
21 Peoria County Board, May 3rd, 2006?
A Correct .
•
At the bottom it says, Prepared by Karen
Raithel .
Page 36
A Correct .
•
Was that document prepared by you?
A Yes .
4
Q
Did you have any assistance in its
preparation?
6
A Yes .
•
Who assisted you?
E
A State's Attornes's office .
9
Q Can you identify the individual?
10
A Bill Atkins .
I-
Q When was this document prepared?
12
A I would say April 26th .
13
Q
I'm going to tell you that while the one
--
13
11 .4 this copy which was submitted to the Pollution
14
15 Control Board as item C13641 does not have a file
15
16. stamp on it there were copies in the clerk's office
1
e'
1
18
1 9
20
21
22
2 3
24
A
I look it to the county clerk's office .
Q
If I can direct your attention to, we're
3 actually going to go backwards to Exhibit 11, the
4 first page of this which is C13627 is called
5 Recommended Findings Of Fact and it is file stamped
t
by .loAnn Thomas's office April 27th
.
7
Do you see that?
E
A Yes .
Q Do you recognize this series of pages in
Exhibit II?
11
A Yes .
12
Q Who prepared these recommended findings of
13 fact?
14
A
The physical or the content?
15
Q
Let's talk about the content first .
16
A That would have been Dave Brown
. Patrick
17 l ( rich . my sell_ Chris Burger. Steve Van I look . John
18 Baker .
19
Q When was the content decided?
20
A I don't remember .
21
Q Somewhere near April 27th?
22
A The findings of fact were submitted on the
23 April 6th meeting .
24
Q If I can refresh your recollection because
Page 38
1 I'm not trying to trick you, I believe that the
2 page that you're looking at now, (13627, actualh
3 represents \Ir. .\layer's work content-wise.
Does that refresh your recollection?
A Be brought it forth I believc on the
April 6th meeting.
•
1 es . So this content at least would have
been prepared by ylr
. ylayer on at before
April 61h?
A Yes .
•
Aty question then is who physically took his
content and prepared the piece of paper that we see
in front of us here and filed it on April 27th?
A I would have incorporated it into the
document .
•
I'm making these questions harder than I
need . I'm confusing you .
'the April 6th meeting had a lot of county
board action or committee action and a lot of
motions and amendments and amendments to amendments
from my review of the transcript at least
.
It appears to us that someone took the,
what was on the pink, purple and yellow sheets that
were in front of hoard members on April 6th and
6
h
9
Pages 35 to 38
PEORIA DISPOSAL COMPANY v . PEOPIA COUNTY BOARD
PCB06-184
showing an April 27th file stamp for this
document.
18
Is that consistent with your recollection
19
as to when it was prepared?
2
0
A Yes .
21
Q Do you remember bringing a copy physically
of this agenda briefing to the county clerk's
3
office and giving it to Megan?
KAREN RAITHEL
9-28-2006
caq 39
2
1 the yellow sheets prepared by Mr . Mayer, the pink
sheets prepared by Mr. Mayer on April 6th, and
3 then tried to figure out what the board had done
4
with all of that on April 6th and prepared
5 documents filed on April 27th that they believed
,, conformed to the board's action of April 6th .
A Yes .
•
Were you that person?
A Yes .
•
Did anyone help you with that or did you
1 -_
have that task?
12
A I had that task .
13
Q I feel sorry for you because I've read the
14 April 6th transcript several times, and it's not
171
5
easy
. You're smiling which I take it means you
16 have some agreement .
A Yes .
15
Q So the April 27th documents I take it
19 then can be fairly characterized as reflecting your
2 0 pulling together what you believe the board had
21 done on April 6th?
22
A Yes .
2 -,
Q
If I can direct you to page C13634, do you
2 4 have that?
Page 0
1
A Yes .
•
Now I want to hand you what will be our
2
3 next exhibit which is 32 .
3
4
(Raithel Exhibit 32 marked)
4
5 BY MR. MUELLER :
5
7
6
Q Do you have Exhibit 32 in front of you?
6
A Yes .
8
Q
If you go to the sixth page of that exhibit
E
9
10
13
14
15
16
1?
1 8
19
young man to get his own yellow sheets out in time
la
20 for the April 6th meeting . You don't have to
20
21 answer that .
21
22
On the sixth sheet, you will see the second
22
23 bullet point from the top is a number of the
23
24 opponents, their witness Charles Norris and
24
Pace 42
Dr . Lee . Do you see that one?
A Yes .
•
If you now go and compare that to the page
in front of you, 13634, and the last bullet points
or the last bullet point, the closest thing we
could find in the criterion 2 yellow sheets to the
last bullet point on page 13364 is the second
bullet point that I just identified to you on the
sixth page.
Our question is, did you alter the second
bullet point on the sixth yellow sheet or did this
statement on page 13634 come from some other
source, the statement being, A number of the
opponents and their witnesses call into question
the safety of the inactive portions of the site?
A
I don't recall .
•
Let's back up a little bit and try to work
through this .
When criterion 2 was discussed on
April 6th, Mr. Mayer according to the transcript
offered the idea that a number of the items on the
yellow sheets would also be appropriate findings in
addition to the items on the pink sheets .
Do you recall that?
Page 42
A I don't knoxe .
•
Well, actually, if you're the one that
assembled the April 27th document, you would have
had to go through the transcript and pick items off
the yellow sheets that were identified by Mr . Mayer
and add them to the pink sheet findings, right?
A I believe that could have been what I did .
• It was a pretty tedious process for me . So
I've got to think you have some recollection of it
because it would have been tedious for you as well .
A Going through the transcript and pulling
out s' CS .
•
I'm assuming that when you did that you
didn't make any editorial changes . You just tried
to plug in the bullet point verbatim, right?
A Correct .
•
Which then again leads me to the question,
who changed the second bullet point on page 6 which
originally read, A number of the opponents, their
witness Charles Norris and Dr . Lee, who submitted
comments into the public record, call into question
the safety of the inactive portions of the site, to
read on the April 27th version, A number of the
opponents and their witness says call into question
Pages 39 to 42
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
and -- first of all, is this what you believe to be
9
an accurate copy of the criterion 2 yellow sheets
10
prepared for the April 6th meeting?
1
A Yes .
12
Q
I see they're dated April 5th, 2006, by
13
the way.
14
Does that mean that that's when they were
15
actually, physically prepared?
16
A Printed . .es .
1"7
Q
So Mr . Mayer must have been a very diligent
16
KAREN RAITHEL
9-28-2006
Page
1 the safety of the inactive portions of the site?
2
A I don't recall
Q Based upon the way you did this, is this
'-
4 something that you would have done or were you
4
religious about not changing the wording when you
6 were plugging these bullet points in?
6
A
I would not have changed the wording .
8
Q After you got done preparing the
e
9 April 27th finding which you believe to be an
y
10 accurate summary of what the committee did on
11 April 6th, did you give them to someone else for
12 final review?
12
13
A
I had m) boss rev ien them .
13
14
Q So as I understand it, you took the work
4
15 product, gave it to Mr . Urich?
15
16
A
Io review. yes .
16
'_ 7
Q Before it actually got printed and copied?
17
18
A Yes .
18
1 9
Q Do you know what Mr . llrich did with it?
1 9
20 A No .
20
21
Q Do you remember whether this is something
21
22 where you gave it to him and he glanced at it in
22
2 your presence for a couple of minutes and said that 23
2 4 looks great or is it something that you left with
Page 44
2
4
6
Board and filed the same
.
Were you involved in that process?
A In preparing the record?
•
Yes .
A I was ver) limited .
•
What was the extent of your involvement in
preparing the record that was filed with the
Pollution Control Board by the county?
A I recall going down to the count) clerk's
office . Megan had prepared the documents from the
list supplied b) Dave Nrovvn per the statutes . and I
recall going through v) hat her -- what she believed
to he putting stuff in order and what documentation
needed to be inserted .
•
Did you provide her with any additional
documents?
A Yes .
•
What additional documents did you provide
her with?
A .4 set of the transcripts
.
•
I thought that you had previously testified
that you had delivered all of the transcripts to
Megan's office as you received them?
A
I did .
•
Did she ask you for another set of them?
A Yes .
•
In June?
A Yes .
•
Do you know what became of the first set
that you had delivered to her contemporaneously
when you received them?
A They were still in her possession .
•
I guess I'm not getting it. Why did she
need another set then?
A I'd have to speculate on that
.
•
Go ahead and speculate .
A I think she wanted another set to eep in
Page 46
him and you got back after a period of time?
1 the count\ clerk's office and not give up her
A I don't remember .
2 transcripts .
•
Were you then charged with the final 3 Q Did you have any conversations with her
assembly of the April 27th documents physically
4
about why she was asking for
-- asking you to
after Mr . llrich had reviewed them and made any
5 provide another set of transcript hard copies?
changes --
6
A No .
A
Yes .
Q It would have been a simple matter for her
•
--that he might have made?
P to have one of her assistant clerks just copy the
A
Yes.
9 transcripts she had, and now she's got as many sets
•
Now, part of this process was that the
10 as she wants, right?
county prepared a record for the Pollution Control 11
A Our copiers didn't like the three-hole
12 punch
. A second would not three-hole punch .
13 Q Do you know as a fact that Megan actually
14 still had the three-hole punch original hard copies
15 that had been delivered from the court reporters?
16
A I wouldn't know that .
17
Q You're just assuming that she still had
19 them and asked you for another set for reasons all
19 of her own, right?
20
A I assumed .
21
Q She never told you that she still had them?
22
A Yes . She said that she did .
2_i
Q Other than transcripts, did you provide any
2 4
additional documents to Megan or anyone else for
Pages 43 to 46
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
Page
4 -'
1 inclusion in the record that was being compiled by
_ . the county for the Pollution Control Board?
3
A Yes
.
4
Q What other documents did you provide?
A the approved minutes of the Februarc
6 regional pollution control site hearing
subcommittee meeting .
8
Q We're going to show you --you are full of
surprises by the way in terms of helping us
1 0 understand this process .
11
We're going to show you a document that is
i 2 the amended index of the record filed by the county
1 3 with the Pollution Control Board .
1
1 .
16
17
18
19
2C
21
22
Does that look familiar to you? Have you
ever seen that before?
A
I've seen it in a tiling .
•
Was this document prepared by you?
A No .
•
Did you assist in its preparation?
A No .
•
Did you have any input into its
preparation?
A No .
2 4 Q
Can you show us on this document where
minutes of this February meeting appear?
Actually, we found them . It's on the first
page .
If I direct you about halfway down the
page, does that appear to be a copy of the document
that you would have provided?
A Yes.
•
Did you provide anything else to any county
representative for inclusion into the record on
appeal with the Pollution Control Board?
A
That's all that I recall
.
•
Did they ask you for anything, any other
materials?
A Not that I recall .
•
Did you ever have any conversations with
any Assistant State's Attorneys about what to
include in the record filed with the Pollution
Control Board?
A No .
MR . MUELLER : Let's lake a tine-minute
break .
(Recess from 3 :24 to 3 :40)
BY MR . MI I l.I.HR :
•
When this application was delivered on
he
Page 4F
2
3
6
8
4
10
Pages 47 to 50
PEOPIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
'ra
.ae 4o
1
November 9th, the county we believe went through
2
some process to kind of look it over to see if they
3 thought it was administratively complete .
4
Were you involved in that process?
A Did I look over the application"
.
Q Yes .
7
A No .
8 Q Do you remember that the application was
9
fled or was delivered on November 9th and that
10
the county deemed it filed on November 14th?
11
A Yes
.
12 Q How did -- what happened in that five-day
1 3 period of time and what was your involvement in
14
what happened?
1
A I sat hack and waited for Patrick
16 Engineering to look it o'er .
17
Q So you're sort of answering my question .
18 When the application came in, I take it then a copy
19 of it was given to Patrick for their initial
20
review?
21 A
Yes.
22 Q
Then they got it back to you and said it
23 meets the minimum file qualifications?
24 A Yes .
Page 50
1
Q
That process took about five days?
2 A
Sure
.
3 Q I mean, were you the one then that made the
5
6
announcement that it was deemed filed as of
November 4th or was it someone else who made that
determination?
A
Somebody
else .
Q Do you know who?
9 A No .
10 Q The yellow, pink and purple sheets were
11 apparently never filed in the clerk's office.
12
Do you remember whether or not you
13
delivered copies of them to the clerk's office?
14
A Yes . I did .
15 Q What's your recollection?
6
A
I remember taking it down to a stall member
17
as it was considered the full count' hoard
. So I
18 gave a copy Iitr .loAnn .
19 Q
Of the pink, yellow and purple sheets, you
20 gave a copy to one of JoAnn's staff people for her?
21
A Yes
.
22 Q You personally delivered that?
23
A Yes .
2 4 Q
So if it did not get into the record kept
KAREN RAITHEL
9-28-2006
Page 53
A
I don't recall .
Q Where was the May 3rd transcript located
when you and she physically searched for it?
A In the tile Ii r the count\ hoard meeting of
May 3rd
.
Q Didn't you tell her in the phone
conversation that that might be a place you should
look?
A I don't remember
.
A Ifl hace created am
. it would have been
10
Q But it is your recollection that when Megan
1
rears ago . but I couldn't recall
.
1_ was on the phone with you and indicated that she
12
Q What's your understanding of who generates 12 and Mr
. Meginnes were looking for a copy of the
1. 3 the minutes of a county board meeting? Who
13 May 3rd transcript that she couldn't find it?
--4 physically prepares them?
14
A I guess.
15
A
I don't know .
15 Q Now, in your materials that Mr . Brown was
16
Q Fair enough . Do you remember receiving a
1 6 kind enough to furnish us with a copy of today, we
1
phone call from Megan Fulara on June 7th telling
17 found a document, I guess it would be Exhibit 33
.
1 b you that Brian Meginnes was at her office and that
18
(Raithel Exhibit 33 marked)
c, they could not find copies of the pink, purple and
1 9 BY MR . MUELLER :
20 yellow sheets and that they also could not find a
20
Q We found a copy of what's Exhibit 33 which
21 copy of the May 3rd transcript?
211 is entitled 2000 Population Within 5 Mile Buffer of
22
A
I remember the May 3rd transcript .
22 PDC Landfill #1 .
2 3 Q What is it that you remember Megan saying
2 3
Have you ever seen that before?
24 in that conversation?
24
A Yes .
Page 52
A
I don't remember what she asked me . I can
1
2 tell you my response was that --
2
Q What did she ask you?
3
4
A I don't remember .
4
5
Q I thought you just said
--
5
7
6
A I don't remember speciticalh what she
6
asked me
7
8
Q
What was the gist of what she asked you?
8
9 A I f she had gotten a copy
. I guess .
9
10 Q So she indicated to you by that question, 1
10
1'_ take it, that she did not have a copy of the
11
1 2 May 3rd transcript that she could get her hands
12
13 on?
13
1 4
A She did . I went downstairs
. we found it .
14
1 Q Was Mr . Meginnes still there when you went
15
16 downstairs?
16
7
A No .
17
18
Q She indicated Mr. Meginnes was there when
18
1 9 she was calling you?
19
2 0 A When I was on the phone .
20
21 Q How long after that phone call did you go
21
22 downstairs?
22
23 A I don't recall .
23
24
Q Within minutes or within hours?
24
Page 54
•
We found it in a folder entitled Internal
Communications in your file.
So my question is, was this a document
generated internally by the staff?
A Yes .
•
Who prepared the document?
A Scott Sorrel .
•
Scott who?
A Scott Sorrel
.
•
Is he a Patrick person or a county
employee?
A He's a county employee .
•
What was his reason for preparing the
document?
A In one of the meetings, one of the board
members asked for a finding of fact that had
-- as
they recalled was in some of the either testimony
or in some of the documentation provided that there
was something about population
. There were a
couple of estimates given .
We couldn't find it in any of the
documentation
. Scott Sorrel put this together to
see if it coincided with what the county board
member had recalled . It didn't
. So we were at a
Pages 51 to 54
PEORIA DISPOSAL
COMPANY v . PEORIA COUNTY BOAPD
PCB06-184
Page
1 by the clerk's office, do you have an explanation
2 for why it didn't get there?
2
3
A I can't tell cog
.
3
4 Q Do you remember whether minutes of the
4
6
April 6th meeting were ever created?
5
A
Not that I know of
6
r
Q Have you ever been involved in keeping or
-
creating minutes of any county board or county
P
board committee meetings?
KAREN RAITHEL
9-28-2006
Pay=. 55
Paae
loss .
1
sheets and the sheets that you filed on
Q
The county board member being Allen Mayer, 2 April 27th?
right?
3
A Yes .
4
A I believe so .
4
Q Did you ever share that document with
Q I'm not sure I understand how to interpret
5 anyone?
G this particular document in terms of what it tells
6
A I don't remember .
us about total population within five miles of the
7
Q Lastly, we're going to mark Exhibit 35 .
8 landfill .
8
(Raithel Exhibit No . 35 marked)
?
Well, can you interpret it readily as you
9
BY MR . MUELLER :
1':' look at it or would we need to ask D1 r . Sorrel?
10
Q
It appears to be a multipage document, and
11
A It I'm reading it correct[% . there would he
11 it's entitled Final Findings Of Fact
.
1_ a total ot9 .715 people within one mile . and 70
.810
12
Can you tell us what this document is?
13 within three miles . 137 .209 within time miles
.
13
A This is the final findings of fact .
Q Was this information ever shared with
1 4
Q W e got this out of your materials out of a
1 `
Mr. Mayer outside of the hearing context?
1 o folder actually entitled Findings Of Fact Final.
1 6
A Not that I'm aware o1..
16
My question is who prepared this?
17
Q Well, at the May 3rd meeting, Mr . Mayer
17
A I did .
18 or Mr. Atkins indicated I guess that the population
18
Q When did you prepare it?
19 figures referenced by Mr. Mayer did not exist in
19
A I don't recall the date .
20 the record .
20
Q
It says May 3rd at the bottom, but I'm
21
Had Mr
. Mayer been told that by anyone
21 assuming you didn't actually prepare it on
22 prior to the May 3rd meeting?
22 May 3rd?
23
A
I don't knots .
23
A No .
2 4
Q Do you know whether this series of
24
Q It reflects --
the May
. . . . . .
3rd
.. .. ..
date at the
Page 56
Page 58
bottom I'm assuming reflects the date that you
believe the findings were made?
A Yes .
Q Do you have any records in your possession
5
the record?
5 indicating when you prepared this document?
6
A I don't know .
6
A No .
7
Q Did you ever deliver it to the record?
7
Q
How did you prepare the document?
8
A No .
8
A
Are you asking if l prepared it by
9
Q The next document that we found of interest
9
compute?
1 0 in your files is what we'll call Exhibit 34 .
10
Q No
. I mean, what was the process that you
11 took? For example, did you check the transcript as
12 you were preparing this?
13
A I believe so . ses .
14 Q Did you have anyone review the document
'. ` before you typed it up in the form that it exists
16 in now?
17
A I don't recall .
I .
P
Q Why did you prepare this document?
'9
A 11A recall
. there was one change made at
20 the hoard m eeting . a
t one of the meetings . I don't
2I remember
. I'm pretty sure it was the hoard
22 meeting .
2 S
Q So it's your understanding that this
24 document entitled Final Findings Of Fact is
1 population calculations was ever shared with any
2 county board member?
A I don't know .
3
4
Q Do you know whether it was ever placed in
11
(Raithel Exhibit No . 34 marked)
12 BY MR . MUELLER :
13
Q Do you recognize this document?
19
A Yes
.
15
Q What does this represent?
16
A
The changes as recommended by the board
17 members at the April 6th .
1 h
Q Who prepared this particular document?
1 9
A
I did .
2 C
Q Was this ever filed or was this just for
2m- your internal use?
22
A Internal use .
2 3
Q To help you out, does it represent what you
2 4
believe the
changes were between the color coded
Pages 55 to 58
PEORIA DISPOSAL
COMPANY V . PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
Facie 55
different in at least one respect from the document 1
3
that was Proposed Findings Of Fact file stamped
2
3 April 27th?
A
One item is added, yes, at the board
4
.~ meeting .
6
Q That would be in this Final Findings Of
6
Fact the last item in criterion 2, correct?
A Yes .
8
Q So the answer to my question is, this
9
1 2 document entitled Final Findings Of Fact is
11 different than the April 27th file stamped
11
12 Proposed Findings Of Fact?
12'
3
A Yes .
13
14
Q Did anyone direct you to prepare this
14
1
document entitled Final Findings Of Fact?
15
1 6
A I don't remember that
.
16
_
Q Did you share the document with any board
1 7
18 members?
18
1 9
A
Not that I'm aware of.
19
20
Q Did you deliver the document to the county
20
21 clerk's office?
21
22
A Yes .
22
Q Do you remember when you delivered the
2 3
document to the county clerk's office?
Page 60
A No . I don't .
1
Q Do you remember who you delivered it to?
2
3
A No .
3
4
Q Who else would you have given a copy of
5
this document to besides the clerk's office--or
5
6 not would you have.
. 6
1
Who else do you remember giving a copy of
7
8 this document to besides the clerk's office?
8
90 A
Q Did
I don't
you mail a copy or direct
recall
that a copy
91
0
1 1 of this document be mailed to Peoria Disposal
11
12 Company?
11
1 3
A
I don't recall that .
13
1 4
Q Did you provide a copy of this document
14
_ 5 either in hard copy or electronically to the IT
1
1 6 director for posting on the Peoria County website?
1 6
17 A I don't recall that .
17
18 Q If I were to tell you that this document
1 8
19 identified as Exhibit 35 and entitled Final
1 9
20 Findings Of Fact was not filed by the county with
20
21 the Pollution Control Board as part of the record
21
22 and that it never appeared on the Peoria County
22
23 website and that no copy of it was ever received by
2 3
24 Peoria Disposal Company and that no copy of it was
24
P-ae
available for review in the county clerk's office
on June 7th, would you care to rethink your
answer about whether or not you ever delivered a
copy of this document to the county clerk's office?
A
Yes . I did deliN er it .
•
But you cannot give us the name of the
person you delivered it to or the date on which it
was delivered, is that correct?
A Correct.
•
Your only recollection as to when you
prepared it is that it was after you received the
transcript of May 3rd, is that correct?
A No .
•
You have some more recollection of when you
prepared it?
A It wouldn't necessarily hake been after the
transcript .
• Oh, I thought you indicated that you
prepared this document after reviewing the
transcript of the May 3rd meeting
.
A
I don't know that I needed to look at the
transcript
.
•
Well, how else would you have known what to
add except by reviewing the transcript of
Page
Mr. Mayer's comments?
A I had -- at the board meeting
. we had a
printer at the board meeting
. I inserted
Mr
. Mayer's comment, printed it off. I gave it to
JoAnn after the meeting in which the board member
had approved that finding of fact be inserted .
•
It's your testimony now that this document
entitled Final Findings Of Fact was actually
prepared at the board meeting?
A No .
•
Then what was it that was physically
prepared at the board meeting?
A
The page with the last final --the finding
of fact which was brought up at the board meeting,
that page was printed off
.
Q
That specific page you printed off at the
meeting and you handed it to JoAnn?
A To Jo .Ann
.
•
JoAnn being the county clerk?
A Correct .
•
What she did with it you don't know?
A I don't know .
•
Then did you subsequently redo the entire
thing and title it Final
Findings of Fact and give
Pages 59 to 62
PEORIA DISPOSAL
COMPANY v . PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
Pages 63 to 65
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
Page 63
Sloe
J
it to someone in the clerk's office again or did
1
have .
2 you just give JoAnn the one page that night?
2
3
A
I ga% c JoAnn that page that night . and I
3
4 p repared this document kith the inclusion so that
4
(Further deponent saith not .)
all pages ~umld be together .
5
6 Q When during the board meeting did this
6
occur because as I recall from the time of the vote
7
on findings of fact until the meeting adjourned was
8
about five minutes?
9
0
Was it in that space of five minutes?
10
1
A That I gave .loAnn the cop)?
11
1
3
QA
It
Yeswas
.
alter the meeting
.
1312
Q How long did you stay after the meeting to
14
prepare it?
15
=6 A I don't recall .
1 6
17 Q When you say you had a printer there at the
17
18
meeting, you're talking about at the [too Hall?
18
19 A Correct .
19
2 0 Q You had a laptop?
2 0
21 A Yes .
21
22 Q That was connected to that printer?
22
A Yes .
23
2
Q
Was it a hard connection or a wireless
24
Page 64
connection?
A
Q
Hard connection .
You were actually working on your laptop
during and after the meeting at the Itoo Hall, is
that correct?
6
u
A
Q
Yes .
Was this in the back room or right out by
where the board members sat?
9
A I was behind the board members .
10
Q Were you back there where Mr . Burger and
11 that group was?
12 A Correct .
13
Q Was that printer shared with other people
14
or was it your proprietary printer?
A It was for me .
16
Q Was it a printer that was brought from your
17
office?
18
A No .
19
Q Do you know who supplied it?
20
A IT services .
21
Q So they're the ones that set it up and
22
would have taken it down after the meeting?
23
A Correct .
24
MR . MUELLER : Thank you . That's all I
KAREN RAITHEL
9-28-2006
STATE OF ILLINOIS
S5
COUNT OF PEORIA
Acne
M . Giftos, CSR, RPR, and Notary
Public in and for
the County of Peoria, State of
Illinois, do hereby certify that heretofore, to-wit,
on Thursday,
September 26th, 2006, personally
appeared before me at 416 Main Street, Suite 1400,
Peoria, Illinois :
KAREN RAITHEL, 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
.
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 i the outcome
thereof .
In testimony whereof, I hereunto set my
hand and affix my notarial seal on this day, Tuesday,
October 3rd, 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:07124A7
Page 67
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
A
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40
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19 :19
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:8
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:7
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:14
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KAREN RAITHEL
9-28-2006
Page 68
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39:20 40:9 42:7
PEORIA
DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
KAREN RAITHEL
9-28-2006
Paqe 69
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PEORIA
DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
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KAREN RAITHEL
9-28-2006
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PEORIA
DISPOSAL COMPANY v . PEORIA COUNTY
BOARD
PCB06-184
CSR 1
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KAREN RAITHEL
9-28-2006
P age 71
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PEORIA DISPOSAL COMPANY v . PEORIA COUNTY
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KAREN RAITHEL
9-28-2006
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PCB06-184
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9-28-2006
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PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
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Exhibit 16
JoANN
THOMAS
12-19-2006
BEFORE 'PEE
ILLINOIS
POLLUT-ON
CONTROL BOARD
PEORIA DISPOSAL COMPANY,
Petitioner
PE'.i
A
;NO . PCB. 06- : .>4
The deposition of ~-oANN THO.-] a
material
witness herein, called for examination pursuant to
notice and `:he S reme Court Rules as `_hey pertain
-akr
g
d
every
_ __ ns before Anna
Gi`_tos, COP, RPR, and Notary Pubic
and for -he
.cur.-y o : Peoria a d
e of
cr, Tuesday,
December iyth, 2, 006, at 16 r:air : S'.reet, Soi-e '.~ . . ,
Peoria, I_linois, commencinc
the -_-= if
a .17
APPEARANCES :
GEORGE MUELLER, ESQUIRE
~_d Co an;ccs Stree-, Suite
Ottawa, _llir.cis
6135'0
and
BRIAN . . . MEGINNE°
ESQC'I . . . .
El a
. .aglr,ne
Riffle
16 Main _.tree-
uite I
_oria
6160
he __
the Pet
.one .,
DA`V I . . . BRONN, ESQUIR
Blac ; :, Black & Brown
101 South Main Street
Morton, Illinois 61550
beha_` e_ the Responder:',
Pace 1
DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
JoANN THOMAS
12-19-2006
Al_. . FRE .
. .
HOyai Ccul ._PJCI
Chris Ccul-er , PLC-.
WITNESS
.CoAYN T ONAS
Exar.!r_a_i!rr_ qy
Mueller
. rg .
EXHIc_ :S
IDENCIFIE
-'
Thor&is Exhroir No .
Thomas Exhici- No .
Page
COMPANY v . PEORIA COUNTY BOARD
PCB06-184
JoANN THOMAS
12-19-2006
JoANN THOMAS .
a material witness herein . being duly sworn . was
examined and testified as follows :
EXAMINATION
BY MR . MUELLER :
•
Would you state your full name, please?
A JoAnn Thomas .
•
Let the record show this is the discovery
deposition of JoAnn Thomas taken pursuant to
notice, in accordance with the rules of the
Pollution Control Board and by agreement of the
parties
.
Is it okay if I call you JoAnn?
the substance of questions or answers about her
deposition?
ANo .
•
Have you ever reviewed the transcript of
either Megan or Karen's depositions?
A No .
•
Recently, Jo .knn, there was filed among
other documents an affidavit of .loAnn Thomas --
A Correct .
•
-- which is about three pages
.
Who prepared that document?
A
I believe the State's Attorne% or Dave
Brown .
•
Can you describe for me the process of how
that document was prepared?
A The document was presented to me for -- to
review and to make sure that that was what I had
remembered occurring as well as I could and to make
sure it was accurate . and I agreed that it was and
I signed it .
•
You didn't recommend any changes or
review??
A I don't remember
. I really don't remember.
•
Let's go back to some basic stuff .
What's your current address?
A 1303 North Glenwood Avenue
.
•
That's in Peoria?
A
Yes . 61606 .
•
How long have you lived there?
A For one year, almost a year .
•
What's your highest --well, give us your
educational background .
A I have a bachelor's degree and hours
towards a master's in social work
.
•
Where's your bachelor's degree from?
A The University of Illinois .
•
What is your employment history since
college?
A
Well
. I started out as a social worker in
Madison . Wisconsin . Then I started a family and
did not work outside the home
. I had two -- I
worked for two years in '73 and '74 for the Slate
of Illinois as an employment counselor and then
Pages 3 to 6
PEORIA DISPOSAL COMPANY
V .
PEORIA COUNTY BOARD
PCB06-184
A
Q
Yes .
JoAnn, have you ever had your deposition
taken before in any case for any reason?
_ u
A
Q
Yes .
So you're generally familiar with the
- 9 ground rules about only one of us talking at a time
-19
20
and the like?
2C
A Yes .
Q You understand that you are under oath?
A Yes .
Q In preparation for today's deposition, who
Paae 4
did you meet with?
1
A I met a ith Date Ilrow n and I .} n Schmidt . but
2
it was Ibr
. like . 10 minutes helbre I came over
3
here .
4
Q Did you review any documents in preparation
for today's deposition?
6
A No .
7
s-
Q Did you review any deposition transcripts
8
of other witnesses who we have deposed?
9
10 A No .
10
Q Did you meet with Megan Fulara in
11
_2
preparation for today's deposition?
12
A No .
13
14 Q Did you meet with Karen Raithel in
14
13
preparation for today's deposition?
1 5
1 F,
A No.
16
Q Has Megan Fulara ever talked to you about
17
18
her deposition other than the fact that it was
18
19
G
going to happen?
19
20 A No .
20
21 Q Never talked to you about the substance of
21
22
questions or answers?
22
23 A No .
23
24 Q Has Karen Raithel ever talked to you about
24
modifications?
A I don't believe so
.
Q
Who presented the document --
A
ac 6
Nothing of any substance or anything .
Q
Who presented the document to you for
JoANN THOMAS
12-19-2006
f,
--a
_ later for two and a half years as an intermittent
2 adjudicator for the Unemployment Insurance Office .
Then starting in '84
. I believe
. I started
working part-time as an adult basic education
instructor at Illinois Central College. and then I
later managed a job search lab and taught
motivational courses with the dislocated worker
program .
This was all pretty much part-time until
1' about '89 . Then I spent a year as the weekend
11 college coordinator full-time at Illinois Central
1 2 College . Then I -- in '90, in July of'90, Mar)
13 Harkrader asked me to come and manage her office .
14 and so I became the chief deputy county clerk at
1
that time .
1 6
In '98 when she retired . I ran for office
i"
and became the Peoria County clerk .
1
Q
Were you just recently reelected?
A No . [ .just retired two weeks ago .
•
Okay . You are no longer the county clerk?
A No . I am not the count\ clerk .
•
You did not even stand for reelection is
what you're saying?
A No . no . Time to retire .
•
So you served as chief county -- or as the
elected county clerk for eight years?
A Yes .
•
Your husband is Jim Thomas?
A Yes .
•
That's Jim Thomas the county board member?
A Yes .
•
Did he get into politics before you did or
did you get into it before he did?
A We've been political I' actit e since we were
students .
•
What are the general duties of a county
clerk?
A The\ are mam and dis erse. and theN're all
coycred in the statute . 1`y en thing the of lice does
is mandated by state or federal statute except for
passport acceptance . Ihal's the one thing our
office did that was not required hN tatute .
Do you want me to list them all?
•
Yes, please .
A Ne'reresponsible lbroverseeingelections
.
the election authorit for the count and actualk
running elections in all precincts outside the City
of Peoria because there is a City of Peoria
1 election commission, but the commission -- the
3
2 county clerk is responsible for all petitions and
for putting all the results together and ceniR in,,
4 to the State Board of Elections .
5
We work closely with a number of state
E agencies . We work with the State Board of
7 Elections, the Department of Revenue, the Secretary
8 of State's Office . the Department of Health, and I
guess that's it.
10
Q The county clerk maintains vital records,
11
right?
12
A Right . The elections is a big pan of the
13 job
. The other part is tax responsibility . We do
14 all the preparation of the tax bills and work with
15 all of the local entities with their levies and all
16 their financial papers .
17
Then once the tax hills are sent out and
18 the money is collected and there's -- the treasurer
19 holds a tax sale at the end of the year . any
20 delinquent tax accounts come back into the county
21 clerk's office, and the county clerk manages that
22 whole delinquent tax program until the property is
23 either redeemed or is transferred by deed .
2
We do vital records as well . birth . death .
Pane
marriage from 1825 to present .
We issue marriage licenses . We--why do I
say that? The county clerk issues marriage
licenses, liquor licenses, raffle licenses,
business licenses . The county clerk's office is
sort of-- I think of it as the filing cabinet for
the county except for court records which, of
course . are in the Circuit Clerk's Office and land
records which are in the Recorder of Deed's Office .
All other miscellaneous public records are
in the county clerk's office . So there's a pretty
significant record management task involved .
•
Let's talk about that for a while . You
describe the county clerk's office as the filing
cabinet for the county
.
A Right .
•
What kinds of documents are physically
delivered to your office for filing?
A All kinds of documents, public documents,
reports
. We have a huge file ofjust public
documents that -- anything that wants to --
any
public document that people bring in, we fite .
We also file all contracts and agreements
that the county makes and the county hoard records .
Pages 7 to 10
PEORIA DISPOSAL COMPANY 'v . PEORIA COUNTY BOARD
PCB06-184
JoANN
THOMAS
12-19-2006
4 two years, did you delegate most of your
responsibilities to your staff or were you a
hands-on person who went to the office even day
and did actual work other than policy making?
A Yes . No . I was hands on .
9
Q
You understand what I'm talking about?
A Yes .
11
Q There's some elected officials that you
_ don't see them very often and their first deputy
actually does all the work .
A Yes . That's not the case with me .
Q You were a hands-on county clerk?
16
A Yes .
1 '
Q Who didn't let the first deputy run the
18 office, right?
1 9
A I don't know if that's true . I have two
20
22
20 management staff. There's two management people .
21 an election administrator and a chief deputy . and I
did delegate to them . They were -- you know . they
' had the authority to make decisions or to run the
24 office with my oversight .
of course .
Q How is filing physically evidenced when
2
Q Now, when did you become aware--or let me
back up .
What is the county clerk's responsibility
yis-a-v is the activities of the county board
A The count\ clerk clerks the count > hoard
meetings and i, responsible bur creating the record
and maintaining that record pcrnrmcntl% .
•
Did you act as the secretary of the county
board?
\ Yes .
•
That means you were present at all county
hoard meetings?
A Yes
.
•
Was it your job to keep minutes of county
board meetings
A Yes .
•
Do you believe that's a statutory duty or
is that one that just evolved in Peoria County??
A No . That's a statutory duo .
•
So the county clerk is the defacto
secretary of the county board
A Correct .
•
Is it your understanding that the taking of
minutes of county board meetings is optional or
Page 14
mandatory?
A It's mandatory .
•
W' hat do you base that understanding on?
A On the statute .
•
If I can skip ahead for a second, in your
6 affidavit you stated that you on May 3rd elected
not to take minutes at the county board meeting?
A Correct .
•
So that would have been in violation of
your statutory duty to take minutes?
A Well, let me back up . It is -- the minutes
must he taken by the county clerk
. It's the county
clerk's responsibility
: however, there was a court
reporter at the meeting who was taking a complete
1 2 transcript of the meeting
. So I was basically
16 usutg that transcript as the minutes .
I believe I also did take -- no . I didn't
-c take any minutes because the transcript I felt was
1 9 getting every single word .
•
Are you aware of any statutory authority
for substituting a transcript for actual minutes of
a meeting?
A
I don't think there's any problem with
24 that . The statutory authority mainly it's up to
--
Pages
11 to 14
D :SPOSAL COMPANY
PEORIA COUNTY BOARD
PCB06-184
someone brings documents to your office?
A
file .
Q
It's file stamped and put in an appropriate
So every document that is delivered to the
E
county clerk's office is file stamped as received?
10
A
Q
A
Q
That's correct.
Are there any exceptions to that practice?
No .
When you were the county clerk during this
past year, how many total employees did the office
have?
A
Q
A
Full-time employees --
Just approximately .
12 .
1
Q
A
Q
Did you have a chief deputy?
Yes .
Who was that?
A
Q
Megan Fulara .
How long had she been your chief deputy?
-=
A
Q
A
Since February of 2005 .
Who's the new county clerk by the way?
Steve Sonnemaker.
24
Q
A
Q
:age :2
Has Megan been kept on as chief deputy?
Yes .
When you were county clerk during the past
JoANN THOMAS
12-19-2006
2
it sacs tip to the counts clerk to take the minutes
or to lime someone take the minutes to decide on
ho„ the meeting "ill he recorded . So it's more of
A a decision of deciding ho" the meeting „ill he
recorded .
I made the decision that a word-bs-word
transcript bs a court reporter was a pencet wa' to
take minutes . If 1 could afford it . I might do it
ahvass .
•
At how many county board meetings over the
1 _ past eight years have you failed to take minutes
other than the May 3rd meeting?
A I don't remember . There hit, e been once . I
_4 had ms chicl'deput, sit in for me . I believe there
_
., have been other instances where there was a court
c reporter. and I can't remember the enact times or
reasons . but that's kind ol'ahsas s been ms
practice . If there's a court reporter taking
r
o
minutes. I do not hat e to take the minutes .
21
2G
Q Now, minutes have to be approved, don't
they?
21 A Yes .
•
In fact, when you take minutes, those are
circulated among county hoard members prior to the
P-o- '_6
next meeting and one of the first orders of
business of the next meeting is the approval of the
minutes?
4
A That's the practice now, yes .
•
Occasionally, minutes get changed or
amended in the approval process, right?
A Correct .
• Was the transcript that was taken of the
May 3rd, 2006, meeting ever approved by the
county board as the minutes of that meeting?
A The minutes were approved . yes . The
minutes are my decision . and that was my decision .
So the county board approved my decision .
1 4
Q
When did the county board approve your
decision?
A I believe at that time -- at some time in
1 ? the past year . they changed their procedures so
18 they now approve minutes after the fact . They used
1 9 to approve minutes at the time of the meeting .
They would just approve the county clerk's decision
about the minutes . That's what has been done
historically for a yen long time
.
The county board decided to chance that
during this year . So it's just --
it's the count
F
clerk's responsihilit' to decide w hat's in the
minutes and to record the action that is taken .
•
But I guess my question is, did the county
board ever take formal action to approve the
transcript of the May 3rd meeting as the minutes
of that meeting
A I hclie e so .
•
When did that action take place
A I'm just not sure . I would hat c to go
check on that . but then were approved .
•
"They" meaning the transcript?
A I he motion sa',s the minutes are approved .
]'in the one that decides the minutes . The
l i transcript were minmes . and then upproo ed ms
decision .
•
The next county board meeting after
_ May 3rd was on May 11th .
Do you remember whether on May I Ith there
=9 were minutes of a May 3rd meeting presented and
20 approved by the county board?
A I don't remember .
•
Do you remember whether on May 11th there
was a transcript of the May 3rd meeting that was
approved by the county board as the minutes of the
Fair 10
May 3rd meeting?
A I don't remember .
•
Do you remember whether by May I I th the
transcript of the May 3rd meeting was even in
your possession?
A I really don't remember . I would have to
eo look .
•
Where would you look to refresh your
recollection?
A In the records in the county clerk's
office .
•
Now, where are the records of the county
11
board maintained in the clerk's office?
ly
A They're maintained in files in the office .
1
We have a very large
--
that kind of a file
1 6 (indicating), with all documents pertaining to each
1" county board meeting chronologically .
When our files get full, they are put into
the archives, but they're kept forever .
•
Is there a county board file cabinet that's
located somewhere in the county clerk's office?
A Yes .
•
Where is it physically located in the
county clerk's office?
Pages 15 to 18
PE-P:i DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
JoANN THOMAS
12-19-2006
A
It's located in -- it's in the . in a back
room basically . It's connected to the regular
room, but there's a bank of file cahinets there .
•
Is it in someone's office?
A It's in the main office .
•
It's not in Megan Fulara's office?
A No .
•
It's not in your office?
A No
.
10C
Q I'm asking these questions as if you still
were the county clerk .
A Yes .
•
So to be clear, we're talking about things
as they existed while you were in office?
A Correct .
1 C
.
Q Are you aware of the rules of order for the
Peoria County Board that were published for the
2005-2006 year?
A Yes .
•
Are those rules maintained in the county
board files of the clerk's office?
A I don't understand what you mean .
•
Well, is a copy of these rules on file in
your office?
A Oh . yes .
•
You've actually reviewed these rules in the
past?
A Yes .
•
If I were to tell you that section -- or
6 Article IV, Section I specifies the order of
business at county board meetings and that the
fifth item on that order of business is the
7
9 approval of the preceding meeting and minutes,
10 would that refresh your recollection as to whether
11 or not meeting minutes need to be approved by the
2 county board?
I3
A Yes . I he' re appro\ ed .- the' did need to
1 4 he approved hs the counts hoard
.
17
•
Can you direct me to any document or record
1 b indicating that minutes of the May 3rd, 2006,
county board meeting were ever approved?
A I would-- I would look at thehat did
oil say? It was Mac I I?
20 Q May I Ith was the next county board
meeting .
A Right . I it ould look there . Because of the
2 3 short timeframe perhaps . it
w as the neat -- that
24 was a special meeting . I heliete. right . the
9
Mas 3rd meeting?
•
I don't know, ma'am .
A Yes . but the, were approved .
•
But you cannot as You sit here direct me to
any -- any specific document as evidence of
approval?
MR . BROWN
: that's been asked and
answered . I think we need to nurse on
. I don't see
how am of this has anything to do with fundamental
fairness which is the purpose oh-- nn
understanding the purpose of this deposition is to
pi o% ide a transcript [or the hearing that's coming
up in lama, w Rich is dealing eselusi'elc w ith
fundamental fairness issues .
MR . Ml'1 :1_I_ILR : I think that hearing can
1 c
deal with more than that . Mr . Brown . It can
1- prohahh deal with everything but manifest weight
1° oftheevidence .
BY MR . Mt -P:I.1 ER :
•
Jo .Ann, when did you first become aware that
the count) clerk was going to have some
responsibilities with regard to the PDC landfill
application?
A I'nl not sure . but I know that's -- w c pace
a record management responsibitit\ liar all such
2 applications . and we've had one in the past while I
hase been there . So I was familiar with the
4 process .
•
This was not your first landfill or
pollution control facility application?
\ No .
•
What was your general understanding at the
beginning of the process for what your
recordkeeping or record management responsibilities
were going to be?
A I know it was a yen serious responsihilit-\
to keep all records pertaining to this issue and
so there was one place where all documents were
_L placed . whether the' catnc in over the coitnter .
1 r through the mail, and we e'en did it electronically
because now we haw the capability of doing than .
•
Where was the one place where everything
was kept relating to this application?
A It was in a specific basket in Megan
I ulara's office
.
•
Well, obviously, the total record would
have been bigger than what fits in a basket?
A
Yes . 'I-hen it was put in a bus in -- that's
Pages 19 to 22
PEO'd1A. DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
JoANN THOMAS
2
3
Q So the landfill record, to your
understanding, was to be kept in Megan's office?
A
A Y'es
. Just wanted to make certain it was
altogether .
k
Q Now, when documents related -- or let me
back up a second .
You said that it's the practice of the
county clerk's office to file stamp every document
that is fled?
A Yes .
12
Q
Is that every page of every document?
1
A Sometimes
. Sometimes it's the first and
_ 6 last page of a
. you know, of a'tam page document .
7? It's sort of--that's kind of a
1 3 depending upon the document .
1
Q Is that also the practice for documents
-
that are kept in the count
. board files?
2
21
A Yes .
Q They are also file stamped?
A Yes . L nless they are--yeah . They are
file stamped unless the\ are presented at the
a
meeting
. Documents that are presented at the
meeting are put in with the record . and it's u
possibility that the- may not get file stamped . but
ztile--\came
they are
in .
part
It's
of
reflected
that meeting
in the
and
record
that's
that
w
the'hen
t. were submitted at that time . So there is a time.
tou know . a statement about lie ii the_\ were
submitted .
Q So the only exception to file stamping
o
_ 0 county board documents would be for documents that i?
11 are submitted at the open meeting while it's in
Lz process?
Sane',Atiornev',v)Mice . Soil \kas--e\0r, lhi ;1u
1tc
did was w ith the adv ice of the State',
Attorneys Of l1cc.
•
Did anyone else besides Megan have direct
responsibility for receiving and maintaining
documents that were part of the landfill
application record?
A N ell . am one could recd' e a document orer
the counter- Then as I
said
. it wits placed in the
landlill
. the landfill record .
• My question was, were people out front by
the counter instructed that anything that came in
went to Megan?
A Yes .
•
Did the State's Attorney, you said your
ultimate resource on this, ever instruct you to
deviate from your normal procedures regarding how
you evidenced the receipt of documents?
A I don't remember t hat . n o .
•
No meaning they didn't instruct you or no
meaning you don't remember what they told you?
Pao<- 26
A No . I would sat no .
•
What is your understanding of what the
landfill application record was to consist of?
A N e had a list of-- that %vus presented .
ei\en to us h\ the State's Allot nc%
. I was not
ten invONed in that . As I said . I delegated that
to Megan Fulcra .
•
Was it your understanding that transcripts
of hearings would be part
of that record?
A I hat e no idea shat "as part of that
record .
•
Do you have any idea what was supposed to
Pages 23 to 26
E .
DISPOSAL COMPANY -v . PEORIA COUNTY BOARD
PCB06-184
13 A Yes .
he part of that record?
1
Q Going back then to the record related to
. d .5 I just thought anything that was presented
15 the landfill application, was the maintenance of
in our oflicc that related to the landfill was part
- ?
that record a responsibility that you delegated to
Megan Fulara?
-
of the record .
Q Would it be fair to say that beyond that
19
A
Yes . it was .
Q Did you continue to maintain any personal
19
you don't have knowledge of specific kinds of
documents as to whether they would be part of the
20 supervision over how she maintained that record?
2' . record or not?
22
A
Q
No.
find she been instructed by you previously
22
A That's correct
. An' thing relating to the
l andfill . a m thing I received through the mail or
23 in the procedures of the clerk's office with regard
in the office that related to the landfill I
24
to file stamping documents that were received?
mrtomatically put in that file . N' en one had
12-19-2006
where all documents came to
. and then Megan Fulara
A
l Cs .
had the responsibility to keep those files and she
Q She was familiar with those procedures?
kept them in her office .
A Yes .And our rclerence is aiwav s the
JoANN THOMAS
12-19-2006
Specific instruction, to do that .
•
When individuals from the public would ask
to see the record of the landfill application and
proceedings, what would they be shown?
A Megan Fulara handled that
. I was never
imohed with that
.
•
No one ever asked you to see any portion of
the landfill record
A
It they did . I referred them to Megan . I
was sen buss at that lime with other duties . with
11 elections and tax extension
. I was not im ols ed in
12 this
. I know it was a ecrx important issue to keep
13 this record and -
but I Celt Megan was able to
14 handle it
.
•
Who determined what documents went into the
landfill application proceedings record and what
1" documents didn't?
16
A The States Attorney's Office . When in
1c+ doubt
. everrythine wcnt into the landfill record .
2t.
Q It's your understanding that the same file
21 stamping procedure was used for the landfill record
22 as for general documents received in the county
21 clerk's office?
A Yes .
2
•
Did you have any responsibilities or duties
relating to the county's website?
A No .
•
Who maintained the county's website?
A
Russell Hauppert . the director of the IT
department. information technology .
•
Did you have any ability to upload
documents directly to that website?
A No . Anything that I received through
E-mail or electronically I put into a specific PDC
application file which was sent to Russell, and he
uploaded everything to the website .
•
Did you exercise any editorial control over
what went onto the website and what didn't?
A No .
•
Your understanding is that 100 percent of
what you got electronically was forwarded to
Russell?
A Yes .
• Did you ever meet with Russell to discuss
policy about what went on the website and what
didn't?
A We did meet just to set up the procedure
.
and he understood that an' thing put in that
electronic tile went into the wchsite . IIc didn't
make am decisions about that
.
•
Did you ever participate in the preparation
of any proposed findings of fact by the staff?
A
No .
•
Did you ever interact with any county board
members regarding the development of proposed
findings of fact?
nmcctine .
•
Do you know whether the minutes or the
transcript of that meeting was ever approved by the
county board?
A I'm guessing it was
. I'm assuming it was
because that was their procedure .
•
You can't direct me to a specific document,
though, where that would happen, can you?
A
I would look at the next counts hoard
meeting after that meeting .
•
Did you have any role in developing written
proposed findings after the April 6th meeting?
A No .
• Karen Raithel has previously testified that
she put together some written proposed findings
sometime after the April 6th meeting and before
May 3rd .
Did you assist her in any of that?
A No .
•
Did she ever deliver any of those proposed
findings to you personally?
A
No .
•
Did Allen Mayer ever give you any proposed
findings with regard to the criterion on or about
April 6th?
A No .
•
Did you ever see any
proposed findings
1
Pages 27 to 30
DISPOSAL COMPANY
PEORIA COUNTY BOARD
PCB06-184
A
Q
No .
Would that be true, also, of your husband
11 Mr . Thomas?
A Yes .
Q Would that be true for Allen Dtayer as well
A Yes .
1 Q Were you present at the April 6th meeting
1'1
of the county
-- of the committee of the whole --
1 ,
\ Yes .
Q --of the county board?
A Yes
.
Q
Did you take minutes at that meeting?
A
No . there was a court reporter at that
JoANN THOMAS
12-19-2006
A I don't kno" . I assume so .
Q But you don't know as a fact that they were
made part of the record or not
A No . I do not . I knom that they "crc part
ofthat particular hoard meeting "hich I consider
part ofthe record . So they "crc certainl .\ kept in
the record of the board meting or the hearing-
22 whatever you call it .
23
Q That raises a question then . You indicated
that the county board records are kept in a file
2
cabinet somewhere in the back, in the back room of
the clerk's office?
3
A Yes .
Q
You indicated that the landfill application
record was kept in Megan Fulara's office?
6
A
While it was being compiled and then
later -- and when it got so' cr' large "as mo' ed
back to the same location as the countv hoard
records
.
Q When did that happen?
A I can't remember exacth . hut 'se had set up
a table right by the count\ hoard records . It's a
13 table we use because people-- all the records in
our othce except for vital records are public
records
. So we often have people coming in to' ic's
records .
So we had a special place "here all the
-28
landfill information "as so that the puhlic or
1
a
attorneys could come in and look at the record . It
20 "as in the same room as the count' hoard
. It "as
right h' the counts hoard records
.
22
Q
But the county board records were in a
23 separate file cabinet?
24
A Yes
.
7
•
Now, you indicated that if documents were
received at a county board meeting they would be
included with the records of that county board
meeting in the county board file?
A
Absolutely
.
•
\ on also indicated that everything that
came in relating to the landfill was kept in the
landfill file?
A Yes .
•
So where would the pink and yellow and
purple sheets that were received by the county
board at the April 6th meeting relating to the
landfill be kept? The county board file or the
landfill file?
A Well . I know they would be in the county
16 board file . If they were in the landfill file . I'm
1
not aware whether they were or not . but the cops
1 c
was in the county board file .
•
I believe you said you thought everything
that related to the landfill should be kept in the
landfill file?
A Except for -- the county board records is
kind of-- we have to keep everything that's
relating" to a counts board record
. It is all kept
F : qe
19
1
together. hut them are also in our office and the\
are also public files .
So "c real l' can't go digging around and
take certain thim_s out of the county hoard record .
You could make copies I suppose if vou'vanted to .
6 but I did not direct Megan to do that . I did not
feel that "as necessar' because the record 'vas in
our office .
Q If I'm a member of the public and 1 would
have come into the office on, say, April 10th and
11 asked to see those colored sheets that I heard a
17
11 county board member talking about on April 6th at
1- their meeting, I presume I would have been shown
4 the landfill file?
A No . ProbahI' also the County hoard record .
O ill count\ hoard records are yen -- are often
' ie"ed by the public
. We keep them in our olticc
lot . like
. 20' ears heibre tile\ go into archives
because they're something people enjoy looking at
fin' "hates cr reason .
Q Was there ever a sign posted saying that
2 not all landfill related materials would be in the
landfill file and some of those might be found in
the county board file?
Pages 31 to 34
PEOPLA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
prepared by Mr . ,Mayer?
A
Q
A
Yes . lhc~ "crc presented at the meeting
.
Who were they presented to?
The\ "ere presented h' the count\
r
administration . and I know that Allen \1 a'er s%as tile
author of some of them . that "as discussed in the
meeting .
Q Do you remember the pink, purple anti yellow
sheets?
A Yes
.
11 Q
Did you prepare any of them?
12 A No .
1 3 Q
Do you know whether they were ever filed
11 with the landfill application?
JoANN THOMAS
12-19-2006
them loose . Ihere ' as als%a's someone there kind of
super icing %s hat then %%ore doing
. %s hat the> were
looking at and asking them questions and helping
them find thing, the' might he looking tin
-
.
11
Q Was that someone more often than not Megan
1
Fulara?
A Yes. if she %% a, u%ailable,
1
Q You're confident that she knew where
1 C everything was?
1
Q You didn't make any decisions then as to
1 6 what was included and what wasn't, correct?
'_
A No
. I did not .
1 6
Q
I want to talk to you a little hit about
1 0 your affidavit.
2 C
Mr. Brown, do you have an extra copy of her
-! affidavit?
22<
MR . BROWN : I didn't bring any with
me .
MR . MUELLER : We can give her one . It
1-
1-
copy of the affidavit which was attached to the
county's response to a motion for summary judgment
filed by PDC?
\ l es .
Q If 1 can direct you first to paragraph 6 of
the affidavit, you indicate that no other findings
of fact or other documents purporting to be
findings of fact were before any members of the
county board on May 3rd?
Q You don't remember whether the transcript
identified what was in front of the county board
members, do you?
;\
No . Iasswneitdid . I assume -- i [it
oas mentioned aloud, it would he in the transcript
because e'cr spoken %sold was there
. I-:ver> spoken
%sold is in the transcript, ever piece ol'paper Bras
22 in the record . So --
Q If I can direct you to paragraph 8 of your
affidavit, whose idea was it to set up the computer
Pages 35 to 38
:: DISPOSAL COMPANY v
. PEORIA COUNTY BOARD
PCB06-184
A A sign posted
. not that I'm a%s are of
Q Then how would members of the public
%% ill make it easier
.
Bl' MR . ML FLIER
:
6
looking for landfill related materials know that
they should also be asking to look at county board
meeting files?
A
Because the> did not lust -- %s e didn't turn
Q You've got the affidavit in front of you,
is that correct?
;\ Yes .
Q First of all, is that a true and correct
A Yes .
Q Probably more than anyone else?
A Probahl' .
Q
Did you have any role in the preparation of
A
Q
\
Yes .
How do you know that
Because ex ery thing that happened at that
meeting %%a, in nts tile
.
2 :1 the record fled with the Pollution Control Board
by the county?
Q
A
But when you say in your file --
Or in the tile . the meeting file .
2 2 A No.
Q Did you participate physically in that
process at all?
Q
But you don't physically know what county
hoard members may have had in front of them?
A I get a cope ofever thing the% get .
:u7 36
F
1 A No . They used the floor of my office to do
it and a table in my office because it's large .
Q You're assuming that they give you
everything that they have, right?
Q Who were the individuals that actually did
A Yes . I prett\ much make sure I get a cop)
1 the physical compilation of the record?
A It was Megan Fulara, Lyn Schmidt the
of"hat the.\ get .
Q Did you look at the desktop of every county
6
Assistant State's Attorney .
Q Anyone else?
A I believe Karen Raithel was sort of
board member to verify that he or she had nothing
else in front of them --
A
No . But the chairman's sitting right next
involved with that . I,just remember seeing her
1 0 coming down to the office . I know that I was not
i1 and -- I was very hits involved in something else
at that time . I can't remember when it was that
they were doing it . but I was not involved in that
at all .
1 =
to tile . So it the chairman had it . I had it . The
administrator is here (indicating) . It lie had it .
I had it .
If it s%as gi%en to c%cr% county board
memher. I knots I had one . I f one or two persons
had something special . it's possible . of course .
JoANN THOMAS
12-19-2006
5
4 Q As to paragraph 9, did you take any
handwritten notes of the one change in the
6
recommended findings of fact?
7
A I belies I did .
•
Do you have a copy of those notes?
A No . I hew would he sit the record .
•
What record would that be
11
A At the Maw 3rd record . NN herevcr those --
12 I mean . an>thine that I did would he in that
record
. I new er dew iated from that .
•
I guess I'm confused when you say that
..
record --
1 6
A In the Ma> 3rd hoard meeting record .
7
Q Now, you indicate in your affidavit that
_ 4 Karen Raithel on paragraph I I or paragraph 12 that
she typed up a change in the proposed findings of
2 G fact?
A Okaw .
22
Q And that in paragraph 13 you indicate that
you reviewed it?
A Right .
Page 4C
•
What was the purpose of your review?
A Well . I -- I think I remember making notes .
but I was
--
I was caving the official wording up
to her . So I reviewed it to make sure that that's
5 what -- was the same wa\ that I remembered it or
6
that I percei'cd it .
Q It says in paragraph 13 that you reviewed
the single printed page and confirmed that it was
consistent with the motion made by Board Member
Mayer?
A Yes .
•
How did you confirm that What steps did
24
single page with the county board file for the
in terms of what physically happened to that single
page after it was given to you .
A It would he -- it teas git en to nme . It oas
part of all the other documents I had for that
nesting
. and it was all kept together . It wasn't
in a separate place . It was with all of the hoard
meeting records .
•
Did you give that single page to anyone
12 else?
A I don't know' who I would hate done that .
I I'there were two copies of it
. nma'be and someone
wanted
a copt of it . but I -- I guess I don't
understand \ our question .
•
Okay. You're telling me now that there
-
were two copies --
A No . I'm saw ing if there here two copies .
I don't know that there were . I know that I had it
and I put it with the record . I don't know that
there tw ere an) other copies of it . but there mat
have been . I don't remember .
2
Q You physically put it with some other
Page 42
1 papers--
A \V ith e' en thing -- ith the
Maw 3rd record . with all of the -- she handed it
to nme . I'm up there with the count' hoard . I've
Lot all the -- because I take ew cry thing with
me to
the meeting and I had it altogether . and I took it
all hack to the office as a count' hoard record .
•
When did you take it back to the office?
A I belie'e I went hack that were evening .
It was at the IIYH) Hall . and I helicte I went hack
w the ollice and put it in the-- in mV 0111Ce .
locked it in that night .
•
When did the single page document referred
Pages 39 to 42
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
you take?
Q When you say you locked it in your office,
A
Well . I was there
. I heard it . I read it .
1
do you mean your personal office within the clerk's
16
I confirmed that that's what I heard . too . I mean .
maybe I'm not understanding Hour question .
Q I mean, did you have any handwritten notes
of your own or did you just confirm it based upon
office?
A Yes . Because that's what I always do with
the count\ hoard record until I can give it to
someone to put together a her the minutes arc
i9
your recollection of what you had heard?
finished .
A I belie'e I did . I mean . I can't swear to
21
Q Okay
. Now, in this case, there weren't any
21 it . but I do believe I did have some handwritten
minutes to finish?
22 notes . I was keeping track of what was going on .
2 3
Q
Now, then you say that you included that
2 3
A No . We were waiting tbr the court
reporter's
transcript . right .
at the meeting?
May 3rd meeting?
A With Karen Raithel? I belie'e that would
A Yes .
3 he the counts administrator Patrick ('rich .
Q Walk me through that, if you would, JoAnn,
JoANN THOMAS
12-19-2006
to in your
affidavit
physically get out of your
office, meaning your personal office?
A I'm not sure . Within a couple of days .
•
Who did you give it to?
A Megan Fulara .
• You remember as we sit here actually giving
it to Megan Fulara or are you just assuming that's
the practice?
A That's what I would do . That's the
policy -- the process with the county board record
1_ is I would give it to her . She would complete the
minutes . I would review the minutes
. and then it
goes to another employee "ho organizes a file and
puts it in the permanent
. you know .just to prepare
it for the permanent file .
•
I understand that's the process .
A Okay .
•
But, apparently, and I don't mean to
misquote you, you don't have a specific
recollection that that process was followed with
respect to the May 3rd documents, do you?
A I don't have any recollection that it was
not followed .
•
Do you have any recollection either way?
25
A I assume it tyas I611o"ed because we do
that -- "c antis% s IbI los that process . I t net ee
necer tastes . I hesc are' cr' important records
that you hat e to keep fare' cr . So I take niy
_ . management responsibilities prctrv scriousl% nr
record management responsibilities .
•
But it's fair to say you do not have a
specific recollection of giving the May 3rd
u
documents to Megan Fulara?
%' ith the handtcritten notes-- and Megan Fulara has
keen doing this no" tbr about eight months . I used
to do it m'self-- and creating the minutes.
In this case . \%C
Lit,] not need to do that
because "c had a transcript of the meeting
. So \%c
"ailed --
tie could "an for the transcript
: and .
,%(m know . "e didn't hate to do the loh tie usually
has c to do "ith minutes because of the transcript .
•
Do you know whether anyone ever approved
the single page of findings typed up by Karen
Raithel on May 3rd?
A Yes . I belie' e the count' hoard toted to
appro'ethose .
•
The county board voted to approve Karen
Raithel's single page of findings?
A Yes . Because they "crc amending the
--
the
bindings of tact "ere approted at that meeting .
•
Maybe I'm not being clear
.
A Okay .
• My understanding is that there was a motion
made at the meeting by Mr . Mayer, and then Karen
Raithel typed up a single page of findings based
upon that motion which she believed corresponded to
.- : the motion?
Face 46
A "I hat "as an amendment .
•
Right . And that she gave it to you, and
you agreed with her that she accurately put it
together?
A Yes .
•
My question is, did anyone on -- did the
county board or any county board member ever
approve that page after it was prepared?
c
A Well . the% voted to accept the amendment
Pages 43 to 46
;_ ;:.IA DISPOSAL COMPANY v . PEOPIA COUNTY BOARD
PCB06-184
1 5
16
I ,
15
I y
I must have handed them oil
Q
But you don't remember actually handing
them off"
A No . I don't remember that
.
Q Thank you . Now, based upon your procedure,
A I Ic had just said this . and then she wrote
it . It "as the same thing . What he said she
"rote . So . I mean --
Q Do you remember whether--
A Mat he it was my perception of what the
2 0 though, how would the handof process be different
amendment 'as . hut the count\ hoard voted to accept
21
if there weren't minutes being prepared and there
2 .1 his amendment and the page just put in writing what
22
was just a transcript?
A Because "hen the minutes are prepared . whut
he had said .
Q But do you remember whether any county
24 \01A do is listen to the tape oftlle meeting along
z .;
board member ever approved the page as being an
_ .,
A I'd say the''re in m' office until I hand
presented h; Allen
. and Allen approved that page as
1 1
them obi to a trusted per non .
what he had said .
1 Q It ou don't remember specifically handing
Q Okay . Now, you've just added another
1 these off, is that true?
twist . You're saying that Allen Mayer also
1
A \\ell . the y are no longer in mt otiice . So
approved what he typed?
JoANN THOMAS
12-19-2006
accurate representation of what had been said and
voted on?
A No . I don't remember .
•
Do you know whether Karen Raithel had Allen
Karen Raithel about Brian \leginnes coming to the
office to look for records or documents?
A No .
•
Are you familiar with the Peoria County
v code?
1
A Yes .
12 Q Did you review the portions of the counts
13 code pollution control facility siting ordinance
14 relating to the clerk's responsibilities regarding
=3 the record?
A No
.
•
Well, you said Non were assare that the
15 county clerk shall be responsible for keeping the
19 record of a pollution control facility siting
2 2 proceeding?
21
A the State's Attorney ad' ises us on our
responsibilities . So I didn't look at the code
23 myself is what I'm say ine .
•
Are you aware that Section 7.5-45 of the
Peoria County code specifies that the record of a
pollution control facility siting proceeding would
include a complete transcript of the public
hearings?
approved .
•
Do you remember what the resolution said?
A No .
•
Did that resolution then go back to your
1 G office with you?
A
I'm certain it did .
•
You would have locked it in your personal
office?
A You knots . I'm not remembering this
specilicall' . but this is the procedure . So I'm
sat ine yes .
•
If you don't remember it specifically,
don't guess based on procedure .
A I don't remember .
•
We're talking about a resolution passed at
the May 3rd meeting?
A I don't remember .
•
So you don't remember whether a resolution
containing the final decision of the county board
Pages 47 to 50
DISPOSAL COMPANY
PEORIA COUP:'PY BOARD
PCB06-184
P
Mayer review that single page?
A No . I do not .
Q Do you know whether that single page was
ever given to Peoria Disposal Company?
A I don't knoyy . It is part of the record .
e
A
No
.
Q Are you aware that that same section
specifies that the record would include a copy of
the resolution containing the final decision of the
county board?
11
So the company could hate a copy if they %canted .
MR . Mt'FI LER : \\ c're going to lake a
A No . I'm not familiar with any of that .
Q In this case, was there such a resolution
16
short break .
(Recess from 1)1 :10 to 10 :20)
MR . MUE:L1 .I.R : Back on the record .
BY MR . MI 111,1,1 R :
Q JoAnn, do you have any recollection about
containing the final decision of the Peoria C' .ounty
board?
A Yes . there was .
Q
Can you direct us to that resolution?
A I would look in the county board record
- Brian Meginnes coming to the county clerk's office
when it was -- when that resolution was passed .
1 " on June 7th, 2006, to look for various documents
Q Do you remember the resolution that was
1 9 relating to the landfill application?
19 passed which contained the final decision of the
20
A I remember Brian Meginnes coming to Our
county board?
21
office . I do not remember the date .
A I remember that there was one .
22 Q
Did you ever show him any landfill related
Q A resolution passed?
3
documents when he came to the office?
A I don't remember .
Sa ge 49
Q Did you ever have any conversation with
\legan Fulara about Brian \leginnes coming in to look
for documents and records?
A Yes .
Q What did that resolution say?
Page 50
A I don't remember .
Q Did you ever see a copy of that resolution?
A \ es
.
4 A I don't believe so .
Q Where did you see it?
Q Did you ever have an\ cola ersation is ith
A At the counts hoard meeting sthen it was
JoANN THOMAS
12-19-2006
was passed at the May 3rd meeting or not, is that
fair?
A Well . I believe it was . I mean . I do
4
remember that it was -- something was passed . that
the resolution was passed or the findings of fact
were passed
.
•
Well, all right . That's not a resolution .
A Different than the resolution
. I guessI
don't remember exactlt wizen that resolution was
passed .
•
Do you even remember if a resolution was
passed?
13
A I guess I don't remember .
14
Q
Okay. Fair enough .
1':
A
I would have to look at the record .
1 6
Q
When the PDC application was delivered to
~' the clerk's office, were you present? Now we're
6 going back to November 9th of 2005
.
A I can't remember if I was there when it
2 0 was -- when it was filed or not .
21
Q
Did you issue a receipt for the filing fee?
22
A
I'm sure our office -- m_y office issued a
,3 receipt .
z
Q Did you personally issue it?
A I don't remember.
•
Did you personally instruct anyone to issue
the receipt?
A Yes. '[ he receipt had to be issued by
someone . So it would ha% e been Megan Fulara or me .
•
You don't remember, though, whether it was
you or her?
A No .
• Were you invoked in any way in reviewing
the application after it was received to determine
whether it was complete?
12
A No . The State's Attorney did that
.
1
Q
In fact, when the application was
11 physically delivered and received by your office,
1': it was file stamped, correct?
16
A Yes .
1,
Q
You're telling me that the State's Attorney
1 E did the completeness review on the application?
1a
A Yes . They helped Megan I ulara .
2 0
Q
Did anyone else participate in completing
2
this review?
22
A I don't remember. I don't bcliete . Maybe
<
Karen Raithel .
•
Are you just speculating or do you have a
a
10
L
specific recollection that she did it?
..
A I don't hase a specific recollection . I
know that I delegated the job to Megan Fulara .
period .
•
I'm going to show you what's been marked as
Exhibit A, and we have an extra copy for you,
Mr . Brown, and one for the court reporter . which
purports to be the minutes of the county board
meeting of May I 1 th, 2006 .
Does that look to you like an accurate copy
of the minutes of the May 11th, 2006, board
1 .
. meeting?
A
Yes .
1 4
Q Now, there is nothing in those minutes
~ ;
. relating to approval of the transcript of the
May 3rd meeting?
A Yes . correct .
h
Q I think you had indicated that an eight-day
`! difference between the dates of the meetings might
26 be too short of a period of time to get the
-- transcript done and to the board?
A
Right
. correct .
•
So it's your belief that the reason the
May 3rd transcript isn't approved in the
Pr y
e . ;4
May 11th meeting because it wasn't available yet?
A Yes . It was not on the agenda . The
administration sets the agenda .
•
Is it fair to say that approval of the last
minutes or the last meeting's minutes or transcript
is on the agenda if the transcript or minutes are
available?
A I don't do that . So I don't know .
-~
Q Let me show you then what's been marked as
Exhibit B . Again, I will hand Mr. Brown a copy and
hand the court reporter a copy .
Does this appear to you to be a true and
accurate copy of the board -- county board meeting
1
;
minutes of June 8th, 2006?
15
A Yes .
•
If you go down about halfway down the first
page, you'll see that there's approval of
May 11th county board meeting minutes
;
May 3rd,
2006, special county board meeting transcripts ; and
May 6th, 2006, regional pollution control site
hearing committee meeting transcripts?
A
Yes .
•
Does this refresh your recollection as to
when the transcripts of the May 3rd meeting were
1
3
1°
Pages 51 to 54
PEORIA DISPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
JoANN THOMAS
12-19-2006
2
2 00
21
2
2
approved?
A Yes . The' teen approt ed June 8th . 2006 .
Q That, in fact, confirms your recollection
that they would have been approved at some point?
A Right .
Q Were any other records from the
May 3rd meeting approved at either the
May 11th meeting or the June 8th meeting?
A
II it's not in the
record
. it wasn't done .
Because et en thing that teas done is in the record .
MR . Mt 111 .I.R : .loAnn . thank sou . %A c
hace no further questions .
(f: unher deponent saith not:
signature tcaiced bN agreement of counsel .)
Page 55
PE(`PIF. C .SPOSAL COMPANY v . PEORIA COUNTY BOARD
PCB06-184
JoANN
THOMAS
12-19-2006
_tos,
S
a1
1
,
ublic in
_
_ :he County c_* eor_a, -`ate c-
_il-nois, _
her cy _.erti
-- .at ere •- cicre, _
on .uesday,
i :-It
iCE
.
.
-t acoearoc
before me at _6 Main Street,
:cite
Peoria,
Illinois :
1 ._
a m.a_eriai
ss here_ . .
fartne- certify
aid wetness was
by me firs= holy sworn
testify -~ =e
-r=., the
whole truth, and nothing but tae truth -r -he cause
aforesaid, that the testimony then given by said
witness was reported _tenog-aonica_i
_ me _ . . the
oresenoe o=
-,d .
.=---eSs
and afterwards reduced
typewriting and t e foregoing is =rue and correct
transcript of the testimony so given
=
said witness
as aforesaid .
w-tness
waived .
further oer _
-
. .-' 0
no- in any way related t0 an:y
o` `oe a
thereof-t_,
nor
.
am = In
an-
t estimony where'
_ ..he
oath and
c-_ wed my nC`a`ial s
dl
December
Commission
_es
-
OFFICIAL SEAL
AANA M
GIFTOS
NOTARY PUBLIC
-
STATE OF ILLINOIS
MY COMMISSION EXPIRES
:07124/07
Page 56
PEJ-IA DISPOSAL COEPANY v
. PEORIA COUNTY BOARD
PCB06-184
A
Aana 1 :10 56:3
21
ability 28 :7
able 27:13
about 3 :19 4 :17,21
4 :24 5:1 .10 7:10
10:13 12 :9 16:21
19:13 24:7 28:21
29:2 30:21 34:12
36:18 45 :2 47:16
48 :2 .6 50 :20
54 :16
Absolutely 33 :5
accept 46 :9.20
acceptance 8 :17
accordance '3 :10
accounts
9:20
accurate 5 :19 47 :1
53 :10 54
:13
accurately 46 :3
act 13 :8
action
17 :2 .4 .8
active 8
:10
activities 13 :4
actual
12 :7 14 :21
actually 8
:22 12 :13
20:2 36:3 43 :6
44 :16
added 46 :12
address 6 :6
adjudicator 7 :2
administration
31 :5 54:3
administrator
12:21 38:10 39 :3
adult 7:4
advice 25 :5
advises 48 :21
affidavit 5 :8 14 :6
% :1921 37 :3.7
37:12 38 :24 39 :17
43 :1
affixed
56
:17
afford 15 :8
aforesaid 56 :9 .11
after 16 :18 17 :16
30:7.9.13
41
:5
42:18 46:8 52:10
afterwards 56:10
Again 54:10
agencies 9 :6
agenda 54 :2.3 .6
ago 7:19
agreed 5 :19 46
:3
agreement 3 :1 1
55 :15
agreements 10:23
ahead 14 :5
Allen 29
:13 30 :20
31 :5 46 :10,10 .13
47 :4
almost 6 :11
along
44:24
aloud 38 :19
altogether 23 :7
42 :6
always 15 :9,17
25:3 35:7 42:16
44 :2
amended 16:6
amending 45 :16
amendment 46 :1 .9
46 :20 .21
among 5 :7 15 :24
another
43 :13
46 :12
answered 21 :8
answers 4 :22 5 :1
anyone 25 :7 .11
35:17 36:7 41 :11
45 :9 46 :6 52 :2,20
anything 6 :1 10 :21
21 :9 25:15 26:14
26 :21 .22 28 :9.24
39 :12
22 :6,19 24:15
25:10 26:3 27:3
27:16 28:11 31
:14
32:4 47:19 51 :16
52 :10 .13 .18
applications 22 :2
appropriate 11
:4
approval 16 :2 .6
20:9 21 :6 53:15
54 :4.17
approve 16 :14.18
16 :19 .20 17 :4
45 :13
.14 46
:8
approved 15 :20
16 :9,11 .13 17 :10
17 :12
.142024
20 :11 .13.14 .17
21 :3 29:24 45:9
45 :1746 :10 .1424
50:6 53:24 55:1 .2
55 :4,7
approximately
11 :15
Apri129 :15 30 :9.13
30:22 33 :12 34 :10
34 :12
archives 18 :19
34 :18
around 34:3
Article 20 :6
asked 7:13 21 :7
27 :7 34 :11
asking 19:10 35
:4.9
assist 30:15
Assistant 36 :6
assume
31
:15 38
:18
38:18 44 :1
12:23 14 :2024
automatically
26:24
available 35 :13
54:1 .7
Avenue 6 :7
aware 13 :1 14 :20
19:16 21 :20 33:17
35 :1 48 :17 .24
49 :6
a .m 1 :12
B
B 2:12 54:10
bachelor's 6:14 .16
back6:5 9:20 13:2
14:11 19:1 23:9
24:14 32 :1,1 .8
42 :7.8.9.10 47 :14
50:9 51 :18
background
6 :13
bank 19:3
base 14 :3
based 40 :18 44 :19
45 :22 50 :18
basic 6:5 7 :4
basically 14 :15
19:2
basket 2220 .23
became 7 :14_17
become 13 :1 21 :20
before 1 :1 .10 3 :16
40:20 .21 42 :9,10
45:12 48 :4 51 :3
52 : 22
believed 45 :23
besides 25 :7
between
53
:19
beyond 26 :17
big 9:12
bigger 22 :23
bills 9 :14 .17
birth 9 :24
bit 36:18
Black 1 :21 .21
board 1 :2,6 3:1 1
8 :6 9:4,6 10:24
13 :4,5,9.12,15,21
13:24
14:7 15:10
15 :24 16 :10,13,14
16 :23 17 :4.1620
17 :24 18 :13,17,20
19 :1721 20 :7,12
20 :14,17,20 23 :20
24 :10 29 :6.18
30:1 .6 31 :19,21
31 :24 32 :8,1212,20
32 :21 .22 33 :2,3,4
33 :12,13,16,18,22
33
:24 34 :4.12,15
34 :1624 35 :4.20
37 :15 .23 38 :6.12
38:16 39:16 40:9
40:24 41 :9 42:4,7
PEORIA DISPOSAL COMPANY V . PEORIA COUNTY BOARD
PCB06-184
JoANN THOMAS
12-19-2006
Paqe 5 7
apparently 43 :18 assuming 302 38
:1 4 :3 8 :8
.9 30 :13
appear 54:12
43
:7
34 :18 37 :14 56
:5
APPEARANCES
1 :14
attached 37 :7
Attorney
5 :12
beginning 22 :9
behalf 1 :19.23
appeared 56 :4
25 :18 26 :5 36 :6 being 3 :2 32 :6
application 21
:23
48
:21 52
:12,17
44:21 45
:18 46 :24
attorneys 32 :19
Attorney's 25 :4 .6
belief
believe
53 :2 3
5
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27:18
13 :17 14
:17 15 :14
author
11 :6
16:16 17 :7 20 :24
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33 :19 36 :8 39
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42:17 43:10 45 :12
45 :14 46:7.720
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49 :20 50 :5 .24
53 :8 .11 .21 54 :13
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PCB06-184
JoANN THOMAS
12-19-2006
Page 53
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PCB06-184
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PCB06-184
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PEORIA DISPOSAL
COMPANY V
. PEORIA COUNTY BOARD
PCB06-184
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PEORIA DISPOSAL COMPANY
v . PEORIA COUNTY BOARD
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8552.8
A Regular Meeting of the County Board, County of Peoria, Illinois was held on
Thursday,
May 11, 2006, at six o'clock p .m
. the Courthouse, Room 403 .
The meeting was called to order by David T
. Williams, Sr ., Chairman.
CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL BY THE COUNTY CLERK
Megan Fulara, Chief Deputy County Clerk, called attendance and the following
members of the Board were present
: Baietto, Elsasser, Hidden, Joyce, Kennedy,
Mayer, O'Neill, Pearson, Phelan, Polhemus, Prather, Riggenbach, Salzer, Thomas,
Trumpe, Watkins, Widmer, and Williams, 18 present
.
APPROVAL OF April 13, 2006, COUNTY BOARD MINUTES
Prather and Kennedy moved for the approval of the April 13, 2006 County Board
Minutes
. The motion was approved by a unanimous roll call vote of 18 ayes .
PRESENTATIONS & PROCLAMATIONS :
• A proclamation from your Chairman recognizing Illinois Central College
Women's Basketball Team for winning the 2006 National Junior College
Athletic Association (NJCAA) Tournament .
Thomas presented the proclamation noting that head coach Steve Garber was
also named Coach of the Year .
•
A proclamation from your Chairman recognizing Chillicothe Illinois Valley
Central High School Boy's Basketball Team for winning Second Place in the
2006 Illinois High School Association (IHSA) Class A Boy's Basketball
Championship .
Prather presented the proclamation
. Baietto thanked Coach Thornton .
•
A proclamation from your Chairman recognizing Richwoods High School Boy's
Basketball Team for winning Second Place in the 2006 Illinois High School
Association (IHSA) Class AA Boy's Basketball Championship
.
Baietto presented the proclamation . Coach Ellis introduced his players and
thanked the Board
.
• A proclamation from your Chairman recognizing the Bradley University Men's
Basketball Team for a successful 2006 season
.
O'Neill presented the proclamation
. The assistant Coach accepted it and
thanked the Board .
•
A proclamation from your Chairman recognizing June 1, 2006, as the
kick off
date
for the NACo Prescription Drug Card .
Phelan presented the proclamation and thanked Shauna Musselman, Risk
Manager
. Musselman accepted the award and thanked the Board for the
opportunity to work in this capacity
.
•
A proclamation from your Chairman congratulating the participants of the
Peoria County Civic Leadership program for completing the course
.
Phelan presented the proclamation and thanked Communications Director,
Jennifer Zinkel for her leadership with the group
. Zinkel thanked the Board
as well as the participants in the program
.
•
A proclamation from your Chairman proclaiming the month of May, 2006 as
"Older Americans Month" .
Hidden presented the award to Kate Van Beek, Human Resource Director who
accepted on behalf of the residents and staff at Bel-Wood Nursing home
.
•
A presentation of the Illinois Sheriffs Association Scholarship Award .
Sheriff McCoy presented the award to Thomas Couri of Peoria Notre Dame
High School
. Couri thanked the Board, the Sheriff, and his parents for the
scholarship .
CONSENT AGENDA
Cl
. A communication from the Illinois Department of Transportation dated April
5, 2006, regarding Motor Fuel Tax allotment and transactions for the County
for the month of March 2006.
C2.
A revenue and expenditure report was received from the County Auditor and
County Treasurer for the month ending April 30, 2006, and filed .
C3. Appointments
Kennedy and Prather moved for the approval of the Consent Agenda
. Hidden asked
that item C3, Limestone Fire Protection District be pulled from the agenda
. Joyce
asked that the Dunlap Community Fire Protection District be voted on separately .
The Consent Agenda was approved by a unanimous roll call vote of 18 ayes
.
2
The Dunlap Community Fire Protection District Appointment was approved by a roll
call vote of 17 ayes and 1 abstention, with Joyce abstaining
. Joyce noted the woman
being appointed was his sister-in-law
.
CITIZENS' REMARKS
(To address the County Board, fill out a card and submit it to the Chairman before the
Board Meeting.)
Joyce Blumenshine, 2419 E
. Reservoir, Peoria, thanked the Board on behalf of
the Heart of Illinois Sierra Club and distributed flowers to the Board
.
Tom Edwards, 902 W
. Moss Ave
., Peoria thanked the Board on behalf of the
health and well being of the community
. Edwards gave a brief history of
Peoria Disposal Company's applications for expansion
.
Widmer requested a copy of Edward's testimony
.
ZONING ORDINANCES & RESOLUTION
1 . Case #025-06-U (Kimberly Kang)
The petitioner is requesting a Special Use to allow a campground in the
"A-2" Agricultural District
. The property is located in Chillicothe
Township .
The Zoning Board of Appeals recommends approval with restrictions . The
Land Use Committee concurs .
Trumps and Elsasser moved for the approval of the resolution with
restrictions
. The resolution passed by a roll call vote of 17 ayes and 1
abstention with Prather abstaining .
2 . Case #029-06-U (Ronald Weber)
The petitioner is requesting a Special Use to divide a 38-acre parcel into two
parcels of approximately 16 and 22 acres
. The property is located in Kickapoo
Township .
The Zoning Board of Appeals recommends approval with restrictions . The
Land Use Committee concurs .
Trumpe and Pearson moved for the approval of the Special Use with
restrictions
. There was discussion about the restrictions concerning the use of
City water . Assistant State's Attorney Lyn Schmidt noted that no additional
restrictions could be put on this special use . The Special Use passed by a roll
call vote of 15 ayes and 3 nays with Kennedy, Joyce and Thomas voting nay .
3
. Case #W01 .06 (Thomas Ballard)
A resolution from your Land Use Committee recommending denial of a
waiver of compliance from Section 20-61 of the Subdivision Ordinance,
which requires all new subdivisions to have a public water supply . The
3
petitioner proposes to divide two parcels of approximately 1
.9 acres each
from a 41
.2-acre tract
. The property is located in Hallock Township .
Trumpe and Pearson moved for the adoption of recommendation of denial
by resolution
. The resolution passed by a roll call vote of 18 ayes .
Joyce noted that he learned from the siting hearings of a number of
contaminated wells in the County . He asked that the Health Department
report to the Land Use Committee on the number of tainted wells noting if
they are tainted by septic or farm chemicals
.
4. Case #W03-06 (Timothy Durdel)
A resolution from your Land Use Committee recommending approval of a
waiver of compliance from Section 20.4-2.C.2.b(1) of the Subdivision
Ordinance, which requires a minimum frontage of 30 feet on a public road
for parcels being created of less than 10 acres . The petitioner proposes to
divide a 10-acre parcel into two parcels of approximately 5 acres each . The
property is located in Limestone Township .
Trumpe and Hidden moved for the approval of the resolution . The resolution
passed by a roll call vote of 18 ayes
.
5. A resolution from your Management Services Committee recommending
approval of salaries of Elected Officials to be elected in 2006 .
Phelan and Elsasser moved for the approval of the resolution . Phelan noted it
is a 4% increase with a $5000 one time stipend for the Treasurer and a $5000
annuanl stipend for the Sheriff
. Baietto noted that the County salaries should
reflect comparable counties . Phelan noted that Peoria County would like to be
considered an employer of choice . He also noted that if this raise is not
approved in some departments subordinates will earn more than the Elected
Official
. The resolution passed by a roll call vote of 17 ayes and 1 nay, with
Mayer voting nay .
6
. A resolution from your Judicial Committee recommending approval of an
appropriation of $10,677
.31 to the appropriate expense and revenue line items
in the Sheriffs Office budget for overtime expenses related to ILEAS (Illinois
Law Enforcement Alarm System) training
.
Kennedy and Joyce moved for the approval of the resolution . The resolution
passed by a roll call vote of 18 ayes .
7 . A resolution from your Health & Environmental Issues Committee
recommending approval of an additional appropriation of $100,000 .00 to the
Recycling & Resource Conservation budget to pay the engineering expenses,
outside legal counsel, and other costs associated with review of the hazardous
waste landfill facility application submitted by Peoria Disposal Company .
Hidden and Widmer moved for the approval of the resolution
. The resolution
passed by a roll call vote of 18 ayes .
4
8.
A resolution from your Transportation Committee recommending approval of
RPCCA's Application for a Rolling Stock Assistance Grant
.
O'Neill and Baietto moved for the approval of the resolution
. The resolution
passed by a roll call vote of 18 ayes .
9
. A resolution from your Transportation Committee recommending approval to
lower the speed limit to 35 mph on Jones Hollow Road (TR 230) from Norwood
Boulevard northerly to Conley Road in Limestone Township
.
O'Neill and Watkins moved for the approval of the resolutuion
. The resolution
passed by a roll call vote of 18 ayes .
10
. A resolution from your Transportation Committee recommending approval to
place a stop sign at the intersection of Alder and Starr Streets in Limestone
Township
.
O'Neill and Elsasser moved for the approval of the resolution . The resolution
was approved by a roll call vote of 18 ayes
.
11
. A resolution from your Transportation Committee recommending approval of
an Engineering Services Agreement for engineering design to replace the
Lancaster Road (D55) Bridge and $4,600,000
.00 be appropriated from the
County's share of MFT funds to cover costs
.
O'Neill and Baietto moved for the approval of the resolution
. The resolution
was approved by a roll call vote of 18 ayes .
12
. A resolution from your Tax/EDC Committee recommending approval of the
appointment of Election Judges for 2006 and ensuring years .
{List of judges on file in County Administration Office}
Prather and Pearson moved for the approval of the resolution . The resolution
was approved by a roll call vote of 18 ayes .
ANNOUNCEMENTS
O'Neill noted the Transportation Meeting on Wednesday will be canceled
.
Salzer encouraged everyone to attend the Spring Celebrations at lunch and thanked
Gerry Brookhart .
Phelan noted that Monday is the first minority business meeting at 4
:00 p .m.
Joyce wished his wife a happy 26th wedding anniversary .
Riggenbach noted that the Community Builders Fundraiser will be at the Civic
Center at 6 :00 p .m. on June 2nd
. The fundraiser benefits District 150 . He also noted
that his wife is featured in a new Peoria magazine, Numero publishing
.
5
Elsasser noted a new bank opened at the Shoppes at Grand Prairie
.
Prather invited everyone to attend a fundraiser in Chillicothe, June lst-3rd
.
Hidden wished all mothers a Happy Mother's Day
.
ADJOURNMENT
Kennedy and Pearson moved to adjourn
. The meeting was adjourned at 7 :14 p .m. by
a unanimous voice vote of 18 ayes
.
A
6
** REVISED 07/ 13/2006 **
A Regular Meeting of the County Board, County of Peoria, Illinois was held on
Thursday, June 8, 2006, at six o'clock p .m . the Courthouse, Room 403 .
CALL TO ORDER
The meeting was called to order by David T . Williams, Sr ., Chairman .
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL BY THE COUNTY CLERK
JoAnn Thomas, County Clerk, called attendance and the following members of
the Board were present : Baietto, Elsasser, Hidden, Kennedy, Mayer, O'Neill,
Pearson, Phelan, Polhemus, Prather, Riggenbach, Salzer, Thomas, Watkins,
Widmer, and Williams, 16 present . Joyce and Trumpe were absent .
•
Approval of May 11, 2006 County Board Meeting minutes, May 3, 2006
Special County Board Meeting transcripts, and April 6, 2006 Regional
Pollution Control Site Hearing Committee Meeting transcripts .
Prather and Pearson moved for the approval of the May 11, 2006 County
Board minutes. The motion was approved by a unanimous voice vote of
16 ayes
.
PRESENTATIONS &
PROCLAMATIONS:
• A proclamation from your Chairman recognizing the Limestone Walters
School 8th Grade Girls' Volleyball Team for winning the 2006 "8A" State
Girls Volleyball Tournament .
O'Neill presented the proclamation to the team . Coach Huber thanked the
Board .
Williams and Pearson moved to approve the May 3, 2006 Special County
Board Meeting transcripts, and April 6, 2006 Regional Pollution Control
Site Hearing Committee Meeting transcripts
. The motion was approved by
a unanimous voice vote of 16 ayes .
•
A proclamation from your Chairman recognizing the 2006 "Bel-Wood
Legends in our Own Time ."
Hidden presented the proclamation .
•
A proclamation from your Chairman recognizing State Farm Insurance
Company, the International Brotherhood of Electrical Workers Local 34,
the National Electrical Contractors Association and the Tri-County
Construction Labor-Management Council for their donations toward the
start-up cost of administering and enforcing the County's Building and
Property Maintenance Code .
Phelan presented the proclamation
. Marty Clinch, IBEW local 34, thanked
the Board and Matt Wahl, director of Planning and Zoning
.
•
A presentation of the Annual
Correctional Officer ofthe Year
Award .
Sheriff Mike McCoy presented the award to Officer David Landi Vittori and
Officer Randy Weber. Superintendent Smith read the award .
•
A presentation of the Annual
Deputy of the Year Award .
Chief Deputy Sheriff, Joe Needham presented the award to Deputy Mark
Confort .
•
A presentation by Mike Hughes, Community Outreach Liaison for Attorney
General Lisa Madigan, informing of the types of information available in
the Attorney General's Office .
Hughes introduced himself and the services that the Attorney General's
Office offers
. Widmer asked that Hughes look into the current landfill
expansion in Peoria County .
•
An update on the Workforce Network .
Bruce Marsten updated the Board on the Workforce Network and
distributed literature, a copy of which is included in these minutes .
Widmer asked if the Network will be working with Manual High School
.
Marsten outlined a plan for the students . Riggenbach stressed the
importance of this program .
CONSENT AGENDA
Cl . A communication from the Illinois Department of Transportation dated
May 9, 2006, regarding Motor Fuel Tax allotment and transactions for the
County for the month of April 2006 .
C2 . A revenue and expenditure report was received from the County Auditor
and County Treasurer for the month ending May 31, 2006, and filed .
C3 . Appointments
Kennedy and Prather moved for the approval of the Consent Agenda
. The
Consent Agenda was approved by a unanimous roll call vote of 16 ayes .
CITIZENS' REMARKS
(To address the County Board, fill out a card and submit it to the Chairman before
the Board Meeting.)
2
Tom Edwards, 902 W. Moss Ave ., Peoria addressed the Board concerning some
correspondence to be sent to U .S . Senators Barrack Obama and Dick Durbin
.
Baietto questioned Edwards on some of his literature
. Edwards promised to
respond to him
.
ZONING ORDINANCES & RESOLUTION
1 . Case #032-06-U (Randall Rush)
The petitioner is requesting a Special Use to divide a 32
.03-acre parcel
into two parcels of approximately 25 acres and 7 acres . The parcel is
located in Chillicothe Township .
The Zoning Board of Appeals recommends approval with restrictions . The
Land Use Committee concurs .
Elsasser and Hidden moved for the approval of the resolution . The
resolution was approved by a roll call vote of 16 ayes.
2
. A resolution from your Land Use Committee recommending approval of
the appointment of Kathi Lowder and Anuja Lala as Deputy Plat Officers
.
Elsasser and Hidden moved for the approval of the resolution . The
resolution was approved by a roll call vote of 16 ayes.
3 . A resolution from your Executive Committee recommending approval of an
appropriation of $250,000 .00 from Fund Balance to be used to train and
certify lead abatement contractors in the community .
Polhemus and O'Neill moved for the approval of the resolution . The
resolution was approved by a roll call vote of 16 ayes.
4 . A resolution from your Management Services Committee recommending
approval of the appropriation of funds in the amount of $50,461 .54 to the
appropriate line items in the Sheriffs budget for a new SLATE Auto Theft
Task Force position .
Phelan and Kennedy moved for the approval . Phelan noted this resolution
is in response to the new positions previously approved by the Board . The
resolution was approved by a roll call vote of 16 ayes.
5
. A resolution from your Management Services Committee recommending
approval of a new Planner II position for the Planning & Zoning
Department .
Phelan and Thomas moved for the aproval . The resolution was approved
by a roll call vote of 16 ayes .
6 . A resolution from your Management Services Committee recommending
approval of the acquisition of Northern Telecom Release 4 .5 and Voicemail
3
Upgrades, including installation services, from AT&T (SBC) for Peoria
County Courthouse PBX System
.
Phelan and Hidden moved for the approval of the resolution
. The motion
was approved by a roll call vote of 16 ayes
.
7 . A resolution from your Health and Environmental Issues Committee
recommending approval of various bids for Food Products and Supplies for
Bel-Wood Nursing Home.
Daniel Whitson of 433 E . High Point Rd . and Peter Pasquel of 459 E . High
Point Rd. addressed the Board on behalf of George Pasquel Company .
Pasquel noted that the current bid for food service is costing the County
money
. Whitson spoke about concerns in the bidding process . Thomas
asked for a copy of the figures presented .
Hidden and Widmer moved to defer the resolution . Phelan questioned the
EEO compliance for the bids . Assistant State's Attorney Bill Atkins
cautioned the Board on deferring the resolution
. Watkins also questioned
the EEO compliance . Elsasser asked how much time they would have to
review the bid. County Auditor Steven Sonnemaker stated it was a six
month bid . O'Neil asked that the Board review this in
six months while
accepting these current bids
. Hidden disagreed with O'Neill and stated
that this problem was supposed to be addressed six months ago . Baietto
agreed that he thought this had been resolved six months ago .
Sonnemaker explained the history of the market basket bid . Whitson
stated that none of Pasquel's customers have a market basket bid . The
motion was approved by a roll call vote of 16 ayes
. Urich stated that the
department manager makes the final decision to order supplies for Bel-
W ood .
8
. A joint resolution from your Facilities and Health and Environmental
Issues Committees recommending approval of an agreement with STS
Consultants, Ltd ., Peoria, IL, for design of Water Booster Pump at Bel-
Wood Nursing Home subject to General Conditions satisfactory to the
State's Attorney's Office .
Polhemus and Hidden moved for the approval of the resolution . Urich
stated that the EEO certification will be updated
. The motion was
approved by a roll call vote of 16 ayes
.
Mayer left the meeting
9. A resolution from your Facilities Committee recommending approval of an
agreement with PSA Dewberry, Peoria, IL, for design work for Phase II of
the Courts Remodel Project subject to PSA and the County Administrator
agreeing on a work schedule for the project .
Polhemus and O'Neill moved for the approval of the resolution . The
motion was approved by a roll call vote of 15 ayes
.
4
Mayer returned to the meeting .
10 .A resolution from your Facilities Committee recommending that the
Committee be authorized to award or reject bids for the World War I & II
Memorial and the Plaza Ramp construction projects
.
Polhemus and Watkins moved for the approval of the resolution
. The
motion was approved by a roll call vote of 16 ayes .
11 . A resolution from your Judicial Committee recommending approval of the
lowest responsible bid of Bradford Systems, E . Peoria, IL, in the amount of
$19,118.80 for file folders and traffic jackets for the offices of the Circuit
Clerk and State's Attorney .
Kennedy and Hidden moved for the approval of the resolution
. The motion
was approved by a roll call vote of 16 ayes .
12.A resolution from your Judicial Committee recommending approval of the
2006 Public Safety Crime Prevention Grant Awards .
Kennedy and Phelan moved for the approval of the resolution
. Pearson
stated this was a good move to help District 150 . Kennedy asked that the
remaining money be budgeted for next year . The motion was approved by
a roll call vote of 16 ayes .
13.A resolution from your Finance/Legislative Study Committee
recommending approval of a contract with Clifton Gunderson LLP, Peoria,
IL, in the amount of $13,864 .00 for professional financial management
training .
Riggenbach and Thomas moved for the approval of the resolution .
Riggenbach noted that this training is a result of the management letter
from the County's external auditors
. Mayer noted some concern in
awarding this contract to the same company that performs the County's
audit . Mayer also suggested mandatory auditor rotation as policy .
Riggenbach noted this training was approved by the State's Attorney's
Office
. Atkins noted that the State's Attorney's office is not endorsing this
training, but rather has approved it . Williams noted that the County
Board crafts these policies and the State's Attorney's Office advises
. The
motion was defeated by a roll call vote of 8 ayes and 8 nays with Prather,
Pearson, Kennedy, Watkins, Elsasser, Phelan, Mayer, and Williams voting
nay.
Phelan requested items 14 and 15 be discussed after Executive Session
.
16 A review of the County Board Executive Session minutes .
Kennedy and Pearson moved that the Executive Session minutes not be
released per the State's Attorney's recommendation
. The motion was
approved by a roll call vote of 16 ayes .
5
17 Executive Session
- Labor Relations
Phelan and Elsasser moved to go into Executive Session . The motion was
approved by a unanimous voice vote of 16 ayes .
14
.A resolution from your Management Services Committee recommending
approval of the contract with the Highway Maintenance Unit (Laborers,
Operating Engineers, and Teamsters)
.
Phelan and O'Neill moved for the approval of the resolution . The
resolution was approved by a roll call vote of 16 ayes .
15
.A resolution from your Management Services Committee authorizing the
County Administrator to withdraw the pending Worker's Compensation
(Case #010015-003752-WC-O1) lien in return for a $26,550
.00 payment in
an attempt to settle the case .
Phelan and Hidden moved for the approval of the resolution
. The
resolution was approved by a roll call vote of 16 ayes.
MISCELLANEOUS
O'Neill noted the Highway transportation trip will be in the fall
.
ANNOUNCEMENTS
Watkins would like to gettprocipmation for the Chitticothe baseball team
.
ADJOURNMENT
Watkins and O'Neil moved to adjourn
. The meeting was adjourned by a
unanimous voice vote of 16 ayes .
6
