Seibert, Michael | Vol (Investigation-11/15/13)

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Joplin City Council investigation | Loraine Report

Transcript of Seibert, Michael | Vol (Investigation-11/15/13)

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    Transcript of the Testimony of Michael Seibert

    Date:November 15, 2013Volume:I

    Case: In Re: Joplin Critical Investigation

    Printed On: November 30, 2013

    Holliday Reporting Service, IncPhone: 417-358-4078

    Fax: 417-451-1114Email:daholliday@hotmail.com

    Internet

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    Michael Seibert In Re: Joplin Critical Investigati

    417-358-4078Holliday Reporting Service, Inc.

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    IN RE: JOPLIN CRITICAL INVESTIGATION

    SWORN STATEMENT OF

    MICHAEL SEIBERT

    Taken on Friday, November 15, 2013, from 3:40 p.m. to 4:16

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

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

    Missouri, before

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

    a Certified Court Reporter and a Notary Public within and

    for the County of Jasper, and State of Missouri.

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    Michael Seibert In Re: Joplin Critical Investigati

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    APPEARANCES

    MR. THOMAS E. LORAINE

    Loraine & Associates, LLC

    4075 Osage Beach Pkwy., Suite 300

    Osage Beach, MO 65065

    tellaw@loraineandassociates.com

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    Michael Seibert In Re: Joplin Critical Investigati

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    S T I P U L A T I O N

    IT IS HEREBY STIPULATED AND AGREED that this Sworn

    Statement may be taken by steno-mask type recording by

    SHARON K. ROGERS, a Certified Court Reporter, and

    afterwards reduced into typewriting.

    It is further stipulated that the signature of the

    witness is hereby waived, and that said Sworn Statement of

    said witness shall be of the same force and effect as

    though said witness had read and signed Sworn Statement.

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    Michael Seibert In Re: Joplin Critical Investigati

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    I N D E X

    Page/Line

    DIRECT EXAMINATION BY MR. LORAINE . . . 5-4

    E X H I B I T S

    Exhibit #A. . . . . . (not identified)

    Advice of Rights

    Note: Exhibits in separate binder

    (sic) - typed as spoken

    (ph.) - phonetic

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    Michael Seibert In Re: Joplin Critical Investigati

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    1 MICHAEL SEIBERT

    2 Having been first duly sworn and examined,

    3 testified as follows:

    4 DIRECT EXAMINATION BY MR. LORAINE:

    5 Q. State your name.

    6 A. Michael Seibert.

    7 Q. Mr. Seibert, you're on the City Council?

    8 A. Correct.

    9 Q. You know that I was retained by the City

    10 Council as a whole, it wasn't just part of

    11 you, but as a whole, and my job was basically

    12 three areas and collateral damage that arises

    13 out of those questions if that happens. The

    14 first question was what, if anything, did Mr.

    15 Woolston do wrong. The second question,

    16 what, if anything, did Mr. Scearce do wrong.

    17 And the third question is how did the famous

    18 note come from Manager Rohr's desk. And he's

    19 very concerned about that and I think I would

    20 be, too, if it was a note off my desk. So

    21 those are the three issues and now there have

    22 been some collateral issues that have come

    23 up, I will not bore you with those details

    24 until I submit my report, but I will be

    25 submitting a report hopefully in Chambers in

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    Michael Seibert In Re: Joplin Critical Investigati

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    1 closed meeting and you all can grill me, it

    2 will be a chance for me to talk with you

    3 guys, so I've got to be a little bit careful

    4 what I say to you. Having said that, Mr.

    5 Seibert, tell me anything you know about any

    6 of those issues or any collateral issues that

    7 involve the divided board that appears to be

    8 or the circumstances surrounding employees or

    9 whatever.

    10 A. Well, the first issue around Mike Woolston,

    11 you know, I knew that this issue had been

    12 brought up by others on the Council and they

    13 had brought it to the City Attorney's

    14 attention, Brian Head, to be reviewed and a

    15 decision rendered, and then Council received

    16 a confidential memorandum from Attorney Head

    17 stating that he had thoroughly reviewed this

    18 and saw no conflict of interest or no

    19 impropriety on Woolston's part, but did

    20 caution that moving forward we'd make sure if

    21 he needed to recuse himself or not make a

    22 vote that those were things that we needed to

    23 make sure that we did properly. So I looked

    24 at this accusation by Benji or Bill or

    25 whoever wanted to bring that forward as, you

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    Michael Seibert In Re: Joplin Critical Investigati

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    1 know, just a way to kind of move the target a

    2 little bit. But that's, you know, I took the

    3 information that the City Attorney gave me as

    4 face value, that this has been vetted by the

    5 City Attorney and that the concerns that have

    6 been brought forward were of nonissue, and

    7 that's kind of where I --

    8 Q. That's all you know about that issue?

    9 A. Uh-huh.

    10 Q. Are you a realtor?

    11 A. No, I'm a drug rep.

    12 Q. That's hard to see how you could get involved

    13 in any of this.

    14 A. Nope.

    15 Q. Unless some of these guys are on drugs.

    16 A. That could be.

    17 Q. Yeah. I didn't say that. Mr. Seibert, in

    18 regard to number two, Bill Scearce, how long

    19 have you known Mr. Scearce?

    20 A. You know, I've known Bill most of my adult

    21 life. Not well, just know who he is. The

    22 only exposure that I've had to Bill over

    23 those years was some of the different

    24 businesses that he's owned. One was for a

    25 period of time I knew he owned an Army

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    1 surplus place.

    2 Q. Are you approximately - what age are you?

    3 A. I'm 55. So he's the age of my parents.

    4 Q. There you go. I understand. So that's what

    5 you meant most of your adult life.

    6 A. Right. And to say we're friends or

    7 acquaintances, minimal or very, very little.

    8 Most of my exposure to Bill has been through

    9 Council.

    10 Q. How long have you been on the Council?

    11 A. I'm finishing up - well, it will be six years

    12 in April.

    13 Q. First six years?

    14 A. Pardon me?

    15 Q. Is this your first?

    16 A. Well, I fulfilled a vacated Council seat for

    17 about 18 months and I'm almost finishing up

    18 my first four year Council term.

    19 Q. I'm with you.

    20 A. But back to say I'm a friend of Bill's or

    21 have known Bill, it's just, you know, very -

    22 we knew who each other were or we'd say hi,

    23 but to say we ran in the same circles, we did

    24 not.

    25 Q. And no social?

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    1 A. No, if it was it was by happenstance, not --

    2 Q. Okay. Now there's been some discussion about

    3 him being potential indictment charge for

    4 gambling or something. What do you know about

    5 that?

    6 A. Not a potential indictment. He was

    7 interviewed by the FBI and it was my

    8 understanding that there was no indictment

    9 through the FBI investigation. He just

    10 had --

    11 Q. Some information?

    12 A. He just had a role. He just had a role. And

    13 to me depending upon what that role was, you

    14 know, I think that speaks to the ethics of an

    15 individual. And now recently, more recently,

    16 and I think almost more pertinent than what

    17 he did back during this period is how

    18 truthful he's being currently right now about

    19 his recanting of his participation in the FBI

    20 investigation. Which is why I feel like as a

    21 Council we were in a position where we needed

    22 to also request the FBI file so we could see

    23 for ourselves what kind of involvement, what

    24 kind of answers he was giving to their

    25 questions and now we have to compare that to

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    Michael Seibert In Re: Joplin Critical Investigati

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    1 the answers that he's giving us right now and

    2 to me that's kind of where we are.

    3 Q. Well, the FBI report, I'm just going to say I

    4 don't have it and the City doesn't have it.

    5 A. But our request of you is to do everything

    6 you can to try to