Transcript of the Testimony of Vicki Coots

Date: November 20, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: December 1, 2013

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Vicki Coots

In Re:

Joplin Critical Investigation

Page 1

IN RE:

JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

VICKI COOTS

Taken on Wednesday, November 20, 2013, from 6:09 p.m. to

6:37

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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In Re: Vicki Coots

Joplin Critical Investigation

Page 2

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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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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Page 4 I N D E X Page/Line

DIRECT EXAMINATION BY MR. LORAINE

5-4

E X H I B I T S

Exhibit #A.

5-8

Advice of Rights

Note:

Exhibits in separate binder

(sic) - typed as spoken (ph.) - phonetic

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Vicki Coots

In Re:

Joplin Critical Investigation

Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. VICKI COOTS Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. Ma'am, your name is Vicki Coots, is that right? Yes. Vicki, you have Exhibit #A in front of you, it's an Advice of Rights form. You've read

that and I've read it to you, is that right? Yes. And you understand it and we've talked about it a little bit, you understand it? Yes. I would ask you to sign it and print your name and the date and then I'll witness your signature. Okay. (Witness complies)

Vicki, in fact, you did execute and print your name and put a date on here, is that right? Yes. And this is Exhibit #A, is it not? Yes. Have you ever given a deposition or a

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Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. statement before? No, sir. May I call you Vicki? Sure. We met briefly outside your office, I believe? Yes. And you were supposed to give me some information that the City Manager was going to provide. Did you do that?

I actually put that in the mail to you, sir. So it will be coming to my home address? Yes. Thank you very much. Yes, yes. Now it's my understanding that you're a City employee? Yes. And can you tell me what that employment is and how long you've been employed? Executive Assistant to the City Manager and I've been with the City almost 35 years. Okay. long? Approximately 15. You've been in that position for how

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In Re:

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Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Q. A. Q. So you've worked for other City Managers? Yes, yes. Did you work when the Interim City Manager McCoy was there? Yes, yes. So you actually worked for him? Yes. He's been there more than once, I understand? A. Yes. Yes, he filled in. A couple of times? Several times, uh-huh. So this guy leaves, then he's the City Manager, he comes back and does it again? He was employed with the City then as Public Works Director and came in. Seems like a very intelligent man? Yes. Have you seen several management styles then with different City Managers? Over 35 years, yes, yes. Well, you probably have seen quite a few? Yes. So how would you call the management style of Mr. McCoy?

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Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. Q. A. A. Q. A. Q. A. the present City Manager, Mr. Rohr? Very disciplined, very focused, very - well, I'd say very, I won't use the word controlling, but, you know, it's very micro in management. Micromanager? Uh-huh, uh-huh. Some people call that interference with the underlying individual's authority. agree with that term? I've heard that. know. Is he an angry man? I think - I think at times he's very tense, he's very focused, and you know, when something deviates from that direction, you know, I think he gets very frustrated. guess you could say, you know, there's moments, yeah, uh-huh, uh-huh. Have you heard that he intimidates employees? A. I have, yeah, I have heard employees say And I I mean some could, you Do you

that. And you've witnessed some of that, haven't you, in your position there? Probably over the ten years, yes.

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Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. You sit right outside the City Manager's door, don't you? Yes, uh-huh. And his door is usually open, isn't it? Typically. Not always, uh-huh. Part of the

time it is closed, uh-huh. Can you hear him through the door whether it's open or closed? Not really. Not really.

So when it's closed you don't hear? No, no, not really unless, you know, it's something that there's a large group and voices or something, you know, other people, uh-huh. Have you heard the City Manager raise his voice on many occasions at employees? I wouldn't say many, but over the period of ten years, yes, uh-huh, uh-huh. Have you experienced some employees expressing that they're fearsome, actually afraid of the City Manager? I wouldn't use the word fear. From what I

get from them I think more the word may be frustrated, you know, seeking direction and frustrated, yeah.

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Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. Q. A. Q. A. Q. They don't think he gives adequate supervision? Maybe not super - maybe communication, uh-huh. Communication issue? Uh-huh, uh-huh. You have witnessed the formation of the Wallace-Bajjali company in the I guess rebuilding of the City of Joplin after the tornado, is that true? Uh-huh, yes. And you've been in the City Manager's employment during that period of time? Yes. Are you usually engaged in setting up meetings with Wallace-Bajjali and other people when meetings are to be set up? You mean scheduling those? Yes. Yes, yes. I'd like to know has the issue ever been raised to your attention that City Attorney Head believes that he does not get adequate notation on meetings in particular with Wallace-Bajjali? Have you heard that?

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Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. Q. A. Q. A. There was one time that I was told to make sure that any time we were having a meeting and Wallace-Bajjali people were there or that subject was going to be discussed to always make sure that the City Attorney was invited to those meetings. Who told you that? The Manager, uh-huh. Now at what point in the proceedings with Wallace-Bajjali did that happen? Oh, I can't say it was early on, but it was probably within maybe the first - maybe the first four to five months that we were getting into that process, uh-huh, uh-huh. So would it be fair to say that since that notation from the City Manager that you've made an effort to get City Attorney Head to those kind of meetings? Uh-huh, uh-huh. Is that right? Yes, yes. Would it be fair to say until that direct order from the City Manager to you would it be fair to say that the City Attorney was not involved with Wallace-Bajjali meetings prior

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Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. A. Q. A. Q. A. to that time? Probably could say maybe hit and miss, that it wasn't - you know, maybe not always, and you know, I'm typically given a list of who to invite and maybe it was hit and miss during that interim starting period. Four or five month period? Uh-huh, uh-huh. Who would tell you who to invite? The Manager, uh-huh, uh-huh. And he'd prepare a written list on who to invite? You know, it may be on a post-it note, it may just be verbally, uh-huh, uh-huh. The City Manager has a custom of making notes on post-it notes. Is that my understanding?

He uses those pretty frequently, yes, yes, uh-huh. Have you heard discussions with the City Manager and the editor of the Globe, Carol Stark? I'm sorry, what was that question again? Have you heard discussions with the City Manager and Carol Stark either telephonically or in person?

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Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. A. Q. A. Q. A. Q. A. I'm not heard the conversation, you know, I've noticed on the calendar there may be a notation, you know, call made or, you know, been asked to maybe get that phone number for the direct line there, uh-huh, uh-huh. And that's ordinary business with this City Manager to contact Carol Stark? You know, they do editorials, sometimes he works directly with her on doing an editorial on a particular issue or something we've got coming up. A lot of times he'll go directly

to the, you know, rather than the reporter the next level, uh-huh. Have you seen him work on editorials with her, Carol Stark, or anybody in her employ with Bill Scearce, the editorials that have been in the paper over Bill Scearce? Have I -Do you know that? I did not know until I saw them in the paper. Q. But you know that he worked with her and then

an editorial came out about that? Not necessarily. Not necessarily, no. The

ones I kind of remember is we had an issue coming up like a sales tax or something like

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Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. Q. A. Q. A. Q. A. Q. that he would approach them on running an editorial for him in the paper. I don't

really remember too much or remember anything with the one that was with Mr. Scearce. You've read those, haven't you? Yes, oh, yes. Have you read the issue with Steve Coots (sic.) the newspaper ad that came out when he was terminated? Oh, Mr. Cope? Yeah, Cope. Yes, any time there's something that's going to impact the next day's business, sure, I want to see what that is for sure, yeah. Did City Manager Rohr have any - did he involve himself in any newspaper article of when Steve was let go? I'm not aware of. huh-uh. Did you read the article about money missing from the City? Yes, yes. Under permits? Uh-huh. You've read that? I'm not aware of that,

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Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. A. Q. A. Q. Q. A. A. Q. Uh-huh, uh-huh. The first time you had knowledge about that was when you read it? I knew there was some things being looked into in that department, but as far as specifics did not. Okay. Do you ever sit in on meetings with

the City Manager and other people? No, sir. He does not include you on those? No, sir. No, sir.

What observations have you heard when he disciplines employees? What observations

have you heard when he disciplines employees? Have you heard him do that in the hall? You mean as far as down here in the office? Yes. Probably I can say maybe there has been a couple of times, but that was probably another time period. It wasn't during

anything with this that you're talking about. Well, I'm talking about any time you've worked with him -Yes.

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Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. Q. A. A. Q. A. Q. Q. -- in the last nine years I'm wanting to know his management style and the fact he's intimidating. That's really what I'm doing.

I've heard voices, yes. And you've heard that? Yes. Have you experienced that intimidation yourself? Um, -You're under oath, you know. I know. Maybe early on. And not trying to

defend or anything, but maybe it's getting adjusted to a new management style, too, on my part. But there was a couple.

Been times where he reduced you to tears? At least once, yes. Once you remember in nine years? Yeah, yeah. And you heard something about this issue about notes being taken off his desk, I assume? Yes. And what do you know about that? I know basically only what he has told me is that there was a note that came up missing.

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Joplin Critical Investigation

Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. A. Q. Q. A. A. Q. A. Q. Q. A. Q. A. Q. A. Did he question you about that? No, he really did not, no. Do you know how the note came up missing? No, sir, I do not. Do you know any details about the note? I know it was a post-it note, it was a yellow post-it note. Have you read that post-it note? No, sir. Do you know what it contained, what information? I only know what basically he had said about it. What did he say? There was supposedly a name, a phone number, and maybe three questions or something on there. And who did that note involve, communication between what parties? I think it was - I think the note what I was told was it was with Carol Stark, uh-huh. And he told you that? Uh-huh, uh-huh. And it concerned Bill Scearce? Uh-huh.

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Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. A. A. Q. A. Q. A. Q. Q. Q. A. Is that a yes? Yes, yes, yes. BY MR. LORAINE: Court reporter, are

you indicating nods or are you indicating yes, no? BY COURT REPORTER: (By Mr. Loraine) Yes and no.

Now you told me you were

nearing retirement? Yes. When is that going to happen? I hope in about three years. Three years, okay. Uh-huh. Have you had any conferences or discussions with other employees about Mr. Rohr and his management style, complaints to you? People complaining on it to me? Probably in

the nine years I've been there there's been general comments, yes. From whom? Whom can you recall?

I know the City Attorney has been frustrated, I know probably the Finance Director being one, Leslie Haase. Probably those two would be the main ones. Do you know the City Clerk?

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Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. A. A. Q. A. Q. Q. A. Q. A. Q. A. Well, I was going to mention Barbara, but I don't deal with her a lot anymore. I mean

that may be agenda items and stuff she may have commented that she was frustrated there, yeah. Is frustrated the word they use? I use frustrated a lot. Huh? I use frustrated a lot, yeah. Did they say they in some way were intimidated? Did they use a different word

than frustrated? I don't remember the word intimidated. Let me ask you this question. Have you seen

Mr. Head and Mr. Rohr actually in anger hollering and shouting at each other? Yes, I have, yes, I've heard it. And have you ever seen Mr. Rohr holler at his spouse in your presence? Not directly in front of me. front of me. Well, did you hear it? Not knowing what the conversation was, the door was shut, I did hear some raised voices. From both parties? Not directly in

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Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. A. Q. A. A. A. Q. A. Q. Yes. And have you ever seen her abused in your presence? No, sir, I don't believe so. Have you seen him abuse anyone else at that facility in your presence? When you say abused are you talking verbally or physically? Well, verbally. Verbally? Probably maybe with the Public

Information Officer, Lynn Onstott. Who was that? Lynn Onstott. Okay. Yes. What was that about? It was directly right after the tornado, emotions were pretty high at that point, people were pretty tired and stressed and there was some news media issues and stuff and it had been about two to three weeks into it, yeah. So would you consider the conference with Attorney Head was Mr. Head being abused? I guess I view them as being on kind of the And he was hollering at her?

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Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. Q. A. Q. A. Q. Q. A. same level. They both abuse each other? Well, no, they were both at the same level of staff and I know both were unhappy with what the other one was doing, yeah. Now whether

you call that abusive I don't know, but I know either party was not happy with what the other was doing. And they were verbally hollering at each other? Yes, yes. Would you call that abuse? I wouldn't have. My terms of abuse I didn't

view it as abuse, I viewed it as two people that was not happy with what each party was doing. Do you particularly enjoy working for this City Administrator and his techniques? It's challenging sometimes. You're a very positive person, aren't you? I try to be. I try to be, I really do.

Are you fearful of intimidation for coming in here and talking to me? There's part of it, I'll be truthful with you, yeah, yeah, yeah.

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Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. A. Q. A. Q. A. Q. A. Q. A. A. Q. A. A. Q. Q. Have you seen him be vindictive on his relations with other department heads? Probably a little bit, uh-huh. In fact, are you aware of the tire incident where he discontinued the use of the Goodyear company because he had personal aggressive? Huh-uh, no, sir. You don't know anything about that? Huh-uh, I'm not aware of that one, huh-uh, no, nothing on that. Do you know Becky Brill? Yes, yes. What was her position? She was the Grants Coordinator in our office. Q. She was a department head?

No, no, no, she was staff. She was under your department? Yes, she was under the City Manager's office. Q. Did she feel intimidated? Did she ever tell

you that she was intimidated by this gentleman, Mr. Rohr? I believe so, yes, yes, yes. Do you know how many department heads have been removed since City Manager Rohr came? Okay. When you say removed are you meaning

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Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. Q. A. A. A. Q. Q. A. Q. taken out of the position or have left? How many have left since he arrived? Have left. How many departments are there? there. There's 13. We have 13 department heads. Let's start

How many department heads are still there since Mr. Rohr came? Just a second here. I believe there's 4 that

is still part of the original 13. And who are they? It would be Dan Pekarek, the Health Director; I believe Mark Morris, our computer information systems person; Barb Hogelin, City Clerk; and Brian Head, the City Attorney. Now how many of those department heads are not under your department? It would be 2. Who would that be? That are not under our department would be the City Clerk and the City Attorney. So all the others that were under your department are gone? I believe that's correct.

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Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. Q. A. Q. A. A. Q. A. Q. Since the City Manager arrived? I believe that's correct, uh-huh. Did you see any efforts on the City Manager to have these people orchestrated out of the City government by the City Manager? Probably the only one I can think of right off the top of my head, the only one I can think of in that category would be David Hertzberg, the Public Works Director. And he's been reduced? Yes. Okay. Do you know Charlie Kuehn? I don't believe so, sir, not It doesn't ring a bell.

Charlie Kuehn? Charlie Kuehn.

Do you know Mr. Woolston? Mike Woolston? Yes. Yes, he's a City Council member. Is he in talking with the City Manager frequently? He does come by. I would say maybe on an

average of a week maybe once or twice, uh-huh. When you say it's challenging to work for Mark Rohr can you be more specific as

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Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Q. A. A. compared to other managers that you've had? I guess my style of work is I'm a very pleasing person. I want -You want to please? Please. And it did take some time to figure

out Mark's management style as far as to make that a good working office, you know. I

always prided myself in that, and you just learn those little quirks and stuff and it was early on, yeah. But you find your nitch,

you know, you find the times that you don't interrupt and you interrupt and things like that, but I think that's with any new person that comes in you've got to find, you know, how that person works and how you work with that person to make it work. Okay. I don't believe I have anything You're supposed to be silent as to

further.

our discussions. Okay. Can you do that? Sir, I worked in H.R. for nine years and probably was one of the most trusted employees there so I don't think there's anything that --

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Page 26 1 2 3 4 5 6 7 8 9 10 11 12 (SWORN STATEMENT CONCLUDED) A. Q. A. Q. A. Q. Q. Would you call me if City Manager Rohr asks you what you talked about? Okay. Will you tell him to talk to me? All right. Can you do that? Yes, sir. Those would be my instructions to you. And

thank you very much for your cooperation.

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REPORTER'S CERTIFICATE

STATE OF MISSOURI ss. COUNTY OF JASPER I, SHARON K. ROGERS, Certified Court Reporter in the State of Missouri, do certify that pursuant to the foregoing Stipulation the witness came before me on the 20th of November, 2013, was duly sworn by me, and was examined. That examination was then taken by me by

steno-mask recording and afterwards transcribed; said Sworn Statement is subscribed by the witness as hereinbefore set out on the day in that behalf aforesaid and is herewith returned. I further certify that I am not counsel, attorney, or relative of either party, or clerk, or stenographer of either party or of the attorney of either party, or otherwise interested in the event of this suit.

__________________________ SHARON K. ROGERS, CCR-650

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