Deposition of Racine WI Mayor John Dickert vol 1

Page 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Page 3 1 2

EXHIBITS Exhibit Description Page Marked/Identified

3 4

***********************

5 6

THOMAS J. HOLMES, et al.

Plaintiffs, vs.

7 8

Case No. 14-CV-208

9 10

JOHN DICKERT, et al., Defendants.

11 12

***********************

13 14

VIDEOTAPED DEPOSITION OF JOHN DICKERT

15 16

TAKEN AT: MEISSNER, TIERNEY, FISHER & NICHOLS, S.C. LOCATED AT: 111 East Kilbourn Avenue #1900 Milwaukee, Wisconsin July 10, 2015 9:06 a.m. to 4:36 p.m.

17 18 19 20 21 22

*********************** 23 24

REPORTED BY ANNICK M. JAQUET REGISTERED MERIT REPORTER CERTIFIED REALTIME REPORTER

25

Exhibit 1014 ... Declaration of John Dickert p. 12 / 13 Exhibit 1015 ... Statement of Zachary Williams p. 16 / 16 Exhibit 1016 ... Racine Alderman's Handbook p. 92 / 93 Exhibit 1017 ... Public safety and licensing committee meeting minutes p. 152 / 153 Exhibit 1018 ... December 9, 2013 PSLC meeting minutes ............ 158 / 159 Exhibit 1019 ... January 14, 2014 PSLC meeting minutes ............ 163 / 163 Exhibit 1020 ... September 12, 2011 PSLC meeting minutes .... 175 / 175 Exhibit 1021 ... Warning Track settlement agreement .......... 185 / 185 Exhibit 1022 ... Photo of Jameel Ghauri p. 211 / 211 Exhibit 1023 ... March 27, 2012 e-mail p. 233 / 233 Exhibit 1024 ... 3/23/15 deposition transcript of Eric Marcus ..... 237 / 237

Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

A P P E A R A N C E S:

1 2

SEGAL MCCAMBRIDGE, by Mr. Brian Eldridge 233 South Wacker Drive #5500 Chicago, Illinois 60606-6366 (312) 645-7800 beldridge@smsm.com Appearing on behalf of the Plaintiffs.

Examination by: 21 22 23 24 25

5 6 7 8 9 10 11 12

MEISSNER, TIERNEY, FISHER & NICHOLS, S.C., by Mr. Michael J. Cohen 111 East Kilbourn Avenue #1900 Milwaukee, Wisconsin 53202-6622 (414) 273-1300 mjc@mtfn.com Appearing on behalf of the Defendants, except Doug Nicholson.

INDEX Page:

Mr. Eldridge ................................ 9

EXHIBITS Exhibit Description Page Marked/Identified

3 4

KOHLER & HART, S.C., by Mr. Dan H. Sanders 735 North Water Street #1212 Milwaukee, Wisconsin 53202-4105 (414) 271-9595 dhsanders@kohlerandhart.com Appearing on behalf of the Plaintiffs.

ALSO PRESENT: Mark Lyle, videographer 17 18 19 20

Page 4

13 14 15 16 17 18

Exhibit 1025 ... 3/13/15 deposition transcript of Michael Shields . 248 / 248 Exhibit 1026 ... Declaration of Scott Sharp p. 255 / 255 Exhibit 1027 ... September 23, 2009 e-mail p. 258 / 258 Exhibit 1028 ... October 12, 2010 e-mail p. 262 / 262 Exhibit 1029 ... July 20, 2010 e-mail p. 266 / 266 Exhibit 1030 ... Recommendation from the PSLC in connection with Park 6 p. 267 / 268 Exhibit 1031 ... January 4, 2011 common council meeting minutes .... 273 / 273 Exhibit 1032 ... Legal brief ........ 278 / 279

19 20 21 22 23 24

Exhibit 1033 ... January 4, 2011 e-mail p. 284 / 284 Exhibit 1034 ... E-mail from Jennifer Dallman p. 289 / 290 Exhibit 1035 ... Metro DRC report to Devin Sutherland ......... 298 / 298

25

1 (Pages 1 to 4) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 1 of 120 Document 229-6

Exhibit 15

Page 5 1 2

EXHIBITS

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

Exhibit Description Page Marked/Identified 3 4 5 6 7 8 9 10 11 12

Page 7

Exhibit 1036 ... E-mail from David Smetana to William Maceman .... 311 / 311 Exhibit 1037 ... May 25, 2011 calendar invitation ......... 315 / 315 Exhibit 1038 ... June 20, 2011 PSLC meeting minutes ............ 316 / 316 Exhibit 1039 ... July 30, 2009 e-mail p. 319 / 319 Exhibit 1040 ... E-mail from Greg Helding to Aron Wisneski ...... 322 / 322

13 14 15 16 17 18 19 20 21 22 23 24 25

TRANSCRIPT OF PROCEEDINGS THE VIDEOGRAPHER: We are on the record. Please note that the microphones are sensitive and may pick up whispering and private conversations. Please turn off all cell phones or place them away from the microphones as they can interfere with the deposition audio. Recording will continue until all parties agree to go off the record.

My name is Mark Lyle, today's videographer.

I'm representing Veritext.

The date is July 10, 2015 and the time 9:06 a.m. This deposition is taking place at Meissner, Tierney, Fisher, and Nichols at 111 East Kilbourn Avenue in Milwaukee, Wisconsin.

It is being taken for counsel for plaintiffs.

The case is Thomas J. Holmes, et al., versus the City of Racine and is pending in the U.S. District Court for the Eastern District of Wisconsin. The case number is 14-CV-208. The name of the witness is John Dickert.

At this time attorneys present in the room will identify themselves and the parties they represent, after which our court reporter, Annick JaQuet, representing Veritext, will

Page 6 1 2

CERTIFIED QUESTIONS Page # / Line #

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

86 / 1 "QUESTION: Do you believe that a government's prohibition of hip-hop and rap music in bars would be appropriate, yes or no?"

182 / 20 "QUESTION: Do you have a problem with your committee members endorsing the elimination of rap and R&B from jukeboxes, no do rags, no baggy pants, and no long gold chains?"

215 / 5 "QUESTION: Did you tell Eric Marcus that the reason you're putting him on the PSLC was to clean up downtown Racine, yes or no?"

221 / 25 "QUESTION: And so did that concern factor into your determination, yes or no?"

(The original exhibits were attached to the original transcript. Copies were provided to all counsel.)

22 23 24 25

(The original transcript was delivered to Attorney Eldridge.)

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

swear in the witness and we can proceed. And for the plaintiffs?

MR. ELDRIDGE: Brian Eldridge on behalf of the plaintiffs.

MR. SANDERS: Dan Sanders on behalf of the plaintiffs.

MR. COHEN: Michael Cohen on behalf of the municipal defendants and Mayor Dickert in particular.

JOHN DICKERT, called as a witness herein, having been first duly sworn on oath, was examined and testifies as follows: MR. ELDRIDGE: Let me just state a couple things for the record. One is that Tom Devine received notice of the deposition, has apparently elected not to be here. It's about ten past the hour, so we're going to get started, assuming that he's not going to appear.

Secondly is we received, I can't be sure how many documents last night, from the municipal defendants, one of which was a rather voluminous Excel spreadsheet that purported to be Mayor Dickert's calendar for some period of time. I'm not sure why it wasn't produced to

2 (Pages 5 to 8) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 2 of 120 Document 229-6

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

Q A Q A Q A Q A Q A Q A Q A Q

us until yesterday, but suffice to say I haven't had an opportunity to review it in preparation for the deposition. For that reason I'll reserve rights to redepose Mayor Dickert, if need be.

EXAMINATION

BY MR. ELDRIDGE: Could you please state your name and spell your last name for the record?

John Dickert, D-I-C-K-E-R-T. And have you given a prior deposition?

For this case, no.

For any case.

Yes. How many?

One. And what case was that?

Bielefeldt case.

And that was -- describe the nature of that case. What were the allegations?

That we had misnamed an allegation against an individual.

You had misnamed an allegation?

As I recall.

Did you settle that case?

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

A Q

A Q

A Q A Q

at a time, so in other words, please wait for me to ask my question before you begin to answer it, fair enough?

Uh-huh, yes.

And try to refrain from using phrases such as uh-huh or uh-uh because as you might imagine those could get misconstrued on the record.

Correct.

Finally, if you don't understand a question that I ask you please ask me to repeat or rephrase the question or we could have the court reporter read it back, okay?

Okay.

Is it fair that if I ask you a question and you answer it I could presume that you understood the question?

Correct.

All right. Have you taken any medications, are you sick, or is there any reason that you can't give your best testimony today?

I am taking medications for acid reflux.

Okay. But that shouldn't affect your competency in terms -No. -- of giving a deposition?

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 I believe the result was a settlement, yes.

Q How long ago was your deposition on that matter?

A I don't recall. Maybe three, four years ago.

Q Okay. Do you remember the rules for the depositions, generally speaking, or would you like me to go through them with you?

A Why don't you go through them.

Q Okay. We have a videographer here, as you can see.

A Uh-huh.

Q But still we need to keep in mind that we have to have a paper transcript, okay, so the young lady seated to my right, to your left is taking down that everything we say in the conference room into her little machine there. Ultimately it's going to produce a transcript that's going to read question, answer, question, answer, kind of like a play. I assume you're familiar with that.

A Yeah.

Q I assume you've read some of the transcripts in this case.

A Some.

Q Okay. For her benefit let's try to speak one

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 Not at all.

Q And I should say, Mayor Dickert, I don't know how long the tapes are, but I tend to break about every 60 to 90 minutes just to stretch my legs and regroup, but you can take a break whenever you'd like, just let me know. The only thing I ask is that if there is a question pending you answer the question before you break. Fair enough?

A Okay.

Q All right. Which depositions have you read in this case?

A I have read a little bit through the Boyd Frederick deposition and I think that's about the only one.

Q No others?

A No. Q Your affidavit that you submitted in this case said that you read the deposition of Penny Sharp. Is that true or not true?

A I read -- I might have read part of Penny Sharp's when the -- yeah, because the press had asked me about it.

(Exhibit No. 1014 marked for identification.)

BY MR. ELDRIDGE:

3 (Pages 9 to 12) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 3 of 120 Document 229-6

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

Q So the first exhibit will be marked 1014. I'm showing you that exhibit, Mayor Dickert. And forgive me for sliding it across the table, I'm not trying to be rude. Could you identify that exhibit for me, please?

A This was a response that we put out to Ms. Sharp's statement that I had used a negative word.

Q The title of the document is "Declaration of John Dickert"?

A Correct.

Q You signed it or authorized it to be signed in your name?

A I believe so.

Q Okay. And as part of your signature you declared under penalty of perjury that the statements contained in Exhibit 1014 are true and correct.

A Correct.

Q All right. And you stand by those statements today?

A I do.

Q All right. So suffice to say that you read the deposition transcript of Penny Sharp?

A I believe I did.

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 Yes, I believe he sent me a summary of that.

Q And do you recall receiving a summary of the deposition of Alderman Shields?

A I received it. I don't know that I read Alderman Shields' summary.

Q So have we exhausted your recollection in terms of which depositions have been summarized for you that you've read?

A I'm sure there are more, but I don't recall them, and I don't recall if I read through them.

Q Have you read any sworn statements in this case?

A Sworn statements.

Q Yeah. Do you know who Zach Williams is?

A Yes. Q Zach Williams gave a sworn statement. Have you read it?

MR. COHEN: I'm going to object. I think it misstates the record. I don't think it was sworn.

BY MR. ELDRIDGE: Q Zach Williams gave a recorded statement. Have you read it?

MR. COHEN: He's asking, it's a

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

Q Okay. Any other deposition transcripts that you've read that you haven't told us about?

A I don't recall reading any others.

Q Have you read any summaries of depositions?

A I have read some summaries that were sent to me by my attorney.

Q Okay. And so I don't want to know the content of those summaries, because that's privileged.

A Correct.

Q But why don't you tell me what depositions were summarized for you.

A I don't recall all of them, and I don't at this time recall each one that I looked through or reviewed. There have obviously been a lot of depositions.

Q Well, do you recall any of them?

A I recall summaries of Thomas Holmes' deposition, Mary Osterman's, and Boyd Frederick's, I believe, those are the ones I recall offhand right now.

Q Do you recall receiving a summary of the deposition of Eric Marcus?

A I do.

Q Do you recall receiving a summary of the deposition of Tommy Tousis?

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

transcript.

THE WITNESS: Is that the -- that was -BY MR. ELDRIDGE: Q I'll show it to you.

A Yeah, I was going to say, I'd like to see what you're talking about.

(Exhibit No. 1015 marked for identification.)

BY MR. ELDRIDGE: Q And Mr. Cohen's correct in terms of it not being sworn. I don't have an extra copy, Mike.

MR. COHEN: It's okay.

BY MR. ELDRIDGE: Q 1015, for the record, is the statement of Zachary Williams. It's 140 pages. It's a statement taken on November 26, 2013 by Dan Sanders. Have you reviewed this document, Mr. Dickert?

A I have read through some of the document, yes.

Q Why did you only read some of the document?

Was it highlighted for you or were you directed to certain portions?

A No, I just simply read through some of it.

Q Okay. Did you disagree with anything that Mr. Williams said in his recorded statement --

4 (Pages 13 to 16) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 4 of 120 Document 229-6

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

A Q A Q

A Q

A Q A

Yes. -- that you read?

Yes. I'll tell you what, why don't you hold onto these exhibits and see if we can keep them in some sort of pile because we might have to go back and reference them. Maybe Mr. Cohen can help you out. I just don't want them scattered over the table.

Have you read the experts' reports the plaintiffs submitted in this case?

I don't know what the expert reports are.

Over the past, I think, 48 hours or so the plaintiffs have submitted reports from their experts, their expert witnesses, who offer opinions about this case. Have you reviewed those reports?

No. Have they been summarized for you, either verbally or in writing?

I may have -MR. COHEN: Well, I'm going -THE WITNESS: -- read some -MR. COHEN: I'm going to object.

MR. ELDRIDGE: Well, I'm not asking

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

MR. COHEN: I think he's asking you what sorts of documents did you review to prepare to testify.

THE WITNESS: I haven't reviewed any documents that -- that I personally have or -or any e-mails or anything of that nature. Is he talking about the -- the prep?

MR. COHEN: Yes.

BY MR. ELDRIDGE: Q Well, don't -MR. COHEN: He wants to know what you reviewed to prepare, right?

MR. ELDRIDGE: Thank you, Michael.

Q I don't want to know what you and Mr. Cohen talked about during your meetings or whomever you met with, but I just want to know what you reviewed, what documents did you review?

A I guess I'm not sure if I'm supposed to answer that -MR. COHEN: You can.

THE WITNESS: -- according to attorney/client privilege.

MR. COHEN: He's asking you specifically what documents. You want to know types of documents first or specific things

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 A Q A Q A Q

A Q

him what was said. I'm just asking him if there was a communication about them.

MR. COHEN: Well, if you're asking him if they were summarized verbally you are asking about a communication with counsel.

MR. ELDRIDGE: Not what was said.

I'm not asking what was said, no.

MR. COHEN: Go ahead and answer.

THE WITNESS: I may have received a communication. If so, I haven't reviewed it.

BY MR. ELDRIDGE: Okay. So you'd be referring to an e-mail of some sort?

It may have been.

Okay. Have you reviewed any documents in preparation for your deposition today?

Like?

Any documents.

Specifically?

I can't be specific, because there's a lot of documents in this case, so have you reviewed any of them in preparation for your deposition today?

That's a fairly broad question.

It's really a typical question.

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

Q A Q A Q

Q

Q A Q A Q

or -BY MR. ELDRIDGE: We'll start out with the types and then we can drill down.

We reviewed some e-mails and some campaign information.

Any other categories or types of documents?

Not that I recall right now.

The production of your calendar yesterday, does that contain any information that you intend to use in your defense at trial?

MR. COHEN: Objection, form of the question.

BY MR. ELDRIDGE: That you're aware of?

MR. COHEN: Calls for work-product.

If you know.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: All right. Why was it produced yesterday?

I don't know.

Is that when you gave it to your counsel?

Gave what to my counsel?

Your calendar. I received an Excel spreadsheet containing your calendar, or so it seems. Was

5 (Pages 17 to 20) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 5 of 120 Document 229-6

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

Q

A Q

that given to your counsel yesterday?

I have no idea.

MR. COHEN: Just for the record, no, it was in cue with the rest of the privileged review documents and it was pushed to the front of the cue given the deposition.

MR. ELDRIDGE: Thank you.

MR. COHEN: Apologize for giving it to you so late, but it was -- we recognized the deposition was coming up and went through the privileged, documents that were withheld on the basis of privilege -MR. ELDRIDGE: Got it.

MR. COHEN: -- review and pushed it to the top of the pile and tried to get it out.

MR. ELDRIDGE: Understand.

Appreciate it.

Okay. You mentioned that you had reviewed e-mails in preparation for your deposition.

Did you bring any of those e-mails with you today?

I brought nothing with me today.

Okay. To the best of your recollection what e-mails did you review in preparation for your deposition?

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

Q A Q A Q A Q A Q A

Q A

Q A

police department and others, the police department, and some internally within our departments. I was not cc'd on all of them.

Okay.

Or some of them.

Thank you. And do you remember any in particular that you read?

No. And these were reviewed by you yesterday.

Some.

When were the others reviewed?

I'm saying that some of the e-mails were reviewed. I didn't review all of them.

Okay. Have you spoken to any witnesses about your deposition?

Not that I recall, other than stating that I was going into a deposition today, so I would not be available for work.

Have you spoken to any people who have been deposed in this case about their depositions?

Some of the people that have been deposed told me that their depositions were over and that they were done. That -Okay.

That was --

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 There were some e-mails that were e-mails sent back and forth between campaign members and staff and some e-mails that were sent back and forth between city staff.

Q Okay. And in terms of the e-mails that were sent forth, sent back and forth between campaign members and staff, which particular ones do you remember reviewing?

A I don't recall all of them.

Q Do you recall any of them?

A They were e-mails discussing the campaigns.

Any one in particular, no.

Q Okay. And you reviewed these yesterday?

A Yes. Q How about with respect to the e-mails -- what was the second set of e-mails that you said you reviewed? One was between campaign members and staff and the other was between?

A City staff.

Q City staff, okay. Thank you. And which e-mails between city staff did you review in preparation for your deposition yesterday?

A Some between myself and aldermen or aldermen -and aldermen and staff, some between myself and the police department or aldermen and the

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 Go ahead.

A That's about the extent of the conversation.

Q They didn't tell you anything about the substance of their testimony -A No. Q -- or what was asked of them?

A No. Q Why was it that you read Boyd Frederick's deposition?

A I had time that day, so I decided to take a little time and read through it.

Q Was that deposition of particular interest to you for any reason?

A No. I just had some time that day, so I thought I'd take a look through it.

Q How long ago was it that you read his deposition?

A Quite some time. I don't even recall how long ago.

Q You are the mayor of the City of Racine?

A I am.

Q When were you elected?

A In May of 2009.

Q And was that a special election?

A It was.

6 (Pages 21 to 24) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 6 of 120 Document 229-6

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

Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A

Why was there a special election?

The mayor before us had resigned.

That would be Gary Becker?

Correct.

Why did Gary Becker resign?

I'm not exactly sure what his reason for resigning was.

Was it a criminal indictment?

I don't know what his exact reason for resigning was.

Okay. That's a different question. He was under criminal indictment?

I don't know.

Was he criminally charged?

I don't know.

Was he criminally convicted of anything?

I believe he was.

Okay. You were personal friends with Gary Becker?

I was for a while, yes.

Are you still?

I wouldn't say that, no.

Did Gary Becker ask you to be an alibi witness for him?

I don't know.

Page 27 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 A Q A Q A

mayoral staff, were you?

His mayoral staff?

Yeah.

No. Did you socialize with Mayor Becker while he was in office?

Yes. When was the last time you spoke to him?

Oh, I don't recall. It was probably -- I don't recall when the last time was.

Have you spoken to him about this lawsuit?

No. Is it true that during your 2009 campaign for mayor you purposely chose not to go after the black vote?

No. MR. COHEN: Object to the form. Go ahead.

BY MR. ELDRIDGE: Do you know Mary Jerger?

Yes. Who is she?

She was the treasurer for the campaign.

For 2009 campaign?

Correct.

Page 26 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 You don't know if Gary Becker asked you to be an alibi witness for him?

A I was not a witness in the case.

Q Did he ask you to be an alibi for him?

A Not that I recall.

Q How did you meet Gary Becker?

A I probably met him at some time when I was in high school, hanging around with his next-door neighbor.

Q Did you financially support him while he was in office or during any of his campaigns?

A I believe I did.

Q And did you participate in any fund-raising on behalf of Mayor Becker?

A I believe I did.

Q While he was in office did you consult with him on any political or governmental matters?

A I did.

Q What types of matters?

A I talked to him about potential developments that we might be able to do in Racine. That's all I can recall offhand.

Q That's when you were in real estate?

A Correct.

Q You weren't part of his campaign staff or his

Page 28 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 Do you recall during your 2009 campaign that she suggested that you should go after the black vote by meeting with Ken Lumpkin?

A I recall her asking me to meet with Ken Lumpkin and do an interview of some sorts.

Q And did you reject her suggestion?

A No. I did the interview.

Q You did?

A Yes. Q Who did you take with you to the interview?

A I don't recall.

Q Did you take a black woman with you to the interview?

A I don't recall.

Q During your 2009 campaign what concerns were you hearing from the black or Latino population?

A During the -- concerns was I hearing?

Q Sure.

A During the campaign I don't remember hearing any concerns in particular.

Q Okay. So no concerns or issues were brought to your attention concerning the black or Latino population during your campaign in 2009 that you recall?

7 (Pages 25 to 28) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 7 of 120 Document 229-6

Page 29 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 No. Q During your 2009 campaign you did not hear that members of the black or Latino population in the City of Racine felt discriminated against?

A They may have. They didn't bring it up to me during the campaign.

Q And no one did?

A Someone may have.

Q Oh, so what did you do about it?

A I'm in the midst of a campaign.

Q So did you deal with that issue? Did you address it in any manner?

A In what way?

Q Did you go to speak to the black or Latino population? Did you put together a plan to stop the discrimination? Did you put together any sort of agenda to try to make them feel more comfortable in the city in which they live?

A I put together a plan for the city. I don't discriminate for any particular group during my campaigns, so I put together a plan for the whole city.

Q Okay.

A That was my ten-year plan.

Page 31 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

Cristo Rey, St. Paul's, and Searching Together.

Q And how did you tell them that you were going to fix or respond to their concerns that they were being discriminated against?

A I responded to alder concerns.

Q Okay. Well, I'm just addressing one, which is that they were concerned they were being discriminated against, and how did you respond to that?

MR. COHEN: I'm going to object. I think it assumes facts not in the record.

Those concerns that were raised to them by the patrons of these churches or anyone else?

BY MR. ELDRIDGE: Q No. Well, Mayor Dickert had already testified that he was aware and it was brought to his attention that members of the black and Latino community in 2009 thought that they were being discriminated against. My question is what did you tell them you would do to address their concern?

MR. COHEN: I'm going to object. I think that misstates the record. He said in response to your question they may have raised those issues. Go ahead if you can answer.

Page 30 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 So fair to say you didn't do anything in particular to address the concerns of blacks and Latinos in 2009 that they were being discriminated against, true?

MR. COHEN: Objection, misstates his testimony. Go ahead.

THE WITNESS: I put together a ten-year plan for the entire city, and if you review it you will understand that it talks about specifically a Latino center and work with the minority community and small businesses.

BY MR. ELDRIDGE: Q Okay. So what about blacks?

A I was putting together a plan for the whole city.

Q Okay. And let me go back to my other question.

Did you ever address any of the members of the black or Latino community directly about their concerns that they were being discriminated against in 2009 during your campaign?

A I met with and spoke to black churches and Latino churches during the campaign.

Q Okay. Which churches?

A The ones that I can recall are St. Patrick's,

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 25

Q A Q A Q

A Q

THE WITNESS: The issues that were brought to me included poverty, crime, and new opportunities for jobs.

BY MR. ELDRIDGE: Black and Latino people were complaining about crime?

Yes. What did they say about it?

They thought it was too high.

Okay. So they never told you that they felt that they were being discriminated against or did they?

They may have.

Okay. And what did you tell them you would do to fix their feelings of discrimination if in fact they may have told you that?

MR. COHEN: Objection to the form of the question, vague. Go ahead.

THE WITNESS: I told them that I would be working to bring back the Hispanic center, which had closed in the '80s, and I told them that I was going to be working on the three major concerns, which were crime, jobs, and opportunity.

BY MR. ELDRIDGE:

8 (Pages 29 to 32) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 8 of 120 Document 229-6

Page 33 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 A Q A Q A Q A Q A Q A Q A

Did you bring back the Hispanic center?

We are in the process right now.

Six years later?

Correct.

And how far along are you in the process?

We're working on it.

Is there a building?

Not yet.

Were there any black or Latino people on your campaign staff in 2009?

Yes. Who? I believe Renee, I don't remember her last name, and Tony was helping out.

Okay. And what position did Renee occupy?

She assisted in volunteering campaign work.

Was she paid?

No. I thought I heard you say the word "volunteer."

My apologies. She was African-American?

Correct.

And Tony, what did he do?

I believe his first name might not be Tony.

His last name was Gomez, but he assisted in volunteer activities.

Page 35 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

minorities or not.

Q So the two -- I'm a little confused and I apologize. It's probably me. But you had Mr. Gomez and Renee were volunteers on your campaign staff.

A They were working specifically with the campaign.

Q Okay. And -- I got you. And there were how many volunteers who were working specifically with the campaign?

A People that were volunteer -- the volunteers working specifically for the campaign were six.

Q Okay. And that would include -A Volunteers total were well over 100.

Q Okay. And the six people would include Mr. Gomez and Renee.

A Correct.

Q Who was on your staff in particular in 2009?

A Greg Bach was the campaign manager, Zach Williams was the finance director and fundraiser.

Q Anyone else?

A Those were the only paid people that were on our staff.

Q And then the six volunteers, you've already

Page 34 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 So again, not paid.

A Correct.

Q How many members on your campaign in 2009, including volunteers?

A Including volunteers, well over 100.

Q Over 200?

A I don't know. You'd have to ask the campaign staff.

Q So less than 2 percent of your campaign team was minority?

A No, because you're not determining how many of those volunteers were minority.

Q Oh, well, I mean, I asked you if anyone on your campaign staff was black or Latino and you gave me two volunteers, so I drew the conclusion that -A I gave you the people, you asked how many volunteers were working on the campaign. You asked how many campaign staff were working on the campaign. I had a group of about six people that were working on the campaign that were volunteers. Two of them were minority.

Then you asked also how many volunteers were working on the campaign and I said well over 100. You didn't ask me if those people were

Page 36 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

talked about two. Do you remember the others?

A So the other four were Mick Wynhoff, Monte Osterman, Boyd Frederick, and Don Trottier.

Q What about Mary Jerger?

A And Mary was the treasurer.

Q So she was paid or not?

A She was not paid.

Q Okay. And do you have any idea out of 100 or so volunteers you had how many were minority?

A I have no idea.

Q And Mr. Gomez, his job in the campaign was what?

A He assisted with all volunteer activities.

Q Did he work in the office?

A He was in and out of the office, yeah.

Q And what about Renee, did she work in the office?

A She was in and out as well. All the people were outside of Greg and Zach.

Q Do you still keep in touch with Greg Bach?

A He is my staff.

Q He's on your staff now?

A Correct.

Q And what about Zach?

A I haven't talked to Zach in years.

9 (Pages 33 to 36) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 9 of 120 Document 229-6

Page 37 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 A Q A Q A Q A Q A Q

Why not?

Just haven't talked to him.

Was there a falling-out?

Just haven't talked to him.

No reason?

(No response.)

Was there a reason you could identify for us?

No. Just kind of an organic falling-out?

I haven't talked to him.

Do you know what "white flight" is?

No. You've never heard the phrase white flight?

I've heard the term.

Okay. What do you understand the term to be?

People moving out to the suburbs.

Is white flight happening in the City of Racine?

MR. COHEN: Presently? Objection.

BY MR. ELDRIDGE: Q Since you've been in office.

MR. COHEN: Since he's been a mayor?

MR. ELDRIDGE: Yeah.

THE WITNESS: I don't know how you would determine that.

Page 39 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 A Q A Q A

Q A Q A Q A Q

the primary.

How about the May election, general election?

Representative Bob Turner.

And was Mr. Turner a black man?

Mr. Turner is African-American as I know.

After 2009 when was your next election cycle?

2011.

And you won the primary?

I did.

Were you up against a number of candidates again or was it just a couple?

There were a couple.

Do you remember who they were?

Eric Marcus was the one that won the primary, and I believe there was another gentleman. I don't know if there were any more.

Okay. In the general election it was you against Eric Marcus?

Correct.

And when was your next election cycle?

It was this last past April.

Incidentally, when was the last time you've spoken to Eric Marcus?

I have no idea.

Did you ever consider yourself friends with

Page 38 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

BY MR. ELDRIDGE: Q Well, has the white population in the City of Racine gone done?

A The population of the City of Racine is currently 24 percent Hispanic, 20 percent African-American, 1 percent Chinese or Asian decent, and the rest Caucasian, according to the last census.

Q Okay. That's as of 2015?

A As of 2010, 2012.

Q How many -- all right. And is it your understanding that the amount of Caucasians in the City of Racine has been going down over the past four or five years?

A You would have to look at the census numbers.

Q So you don't know.

A No. Q If in fact Caucasians were moving out of the City of Racine would that concern you?

A No. During my campaign I stressed the fact that our diversity is our strength.

Q Who did you run against during the special election in 2009?

A I don't recall all of the opponents. I think there were 13 people running in the election in

Page 40 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 A Q A Q A Q A Q A

Eric Marcus?

Yes. Any reason that friendship ended?

I don't know.

And your most recent election cycle who did you run against in the general election?

The general election, Pastor Melvin Hargrove.

There was a primary, though.

Who did you run against in the primary?

I believe the other candidates were Aldermen Ed Diehl and Janice Hand. I think that was it.

Who's Janice Hand?

She was a former Mt. Pleasant chair.

Has she ever worked for your office?

No. And Reverend Hargrove is a black man?

Reverend Hargrove is African-American.

How old are you?

52.

You live in Racine?

I do.

Who do you live with?

My wife and children.

How many children do you have?

Two.

10 (Pages 37 to 40) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 10 of 120 Document 229-6

Page 43

Page 41

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 What are their ages?

A Riley, my son, is 15, Eleanor, my daughter, is 12.

Q And you were born and raised in Racine?

A I was.

Q Where did you go to high school?

A St. Catherine's High School.

Q Catherine's?

A St. Catherine's.

Q What year did you graduate?

A 1981.

Q Do you recall what the racial demographic of your high school was?

A No. Q Was it a religious school?

A It was.

Q Catholic?

A Correct.

Q Was it all -- all boys?

A No. Q Mix? A Yes. Q In terms of?

A Pardon me?

Q Both men and women.

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 A Q A Q A Q A Q A Q A Q A Q A Q A

What did you do after that?

Worked for Congressman Peter Barca.

How long did you work for Mr. Barca?

The one term.

So how many years is that?

A little under two.

So what year does that take us up to?

1994.

And what did you do in '94?

I went to work for the Wisconsin Credit Union League.

What was your position there?

Government affairs director.

What were your roles and responsibilities?

Legislation and policy.

How long did you work there for?

Five years.

Why did you leave?

I was given an offer from Foley and Lardner.

A law firm?

Correct.

What did you do for Foley and Lardner?

I was a lobbyist.

Who did you lobby?

A variety of clients.

Page 42

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 A Q A Q A Q A Q A

Correct.

Where did you go to college?

University of Wisconsin, La Crosse.

When did you graduate?

1986.

What was your degree in?

Political science and mass communications.

Is that a double major?

Correct.

After college you went to go work for Congressman Aspen?

As an intern, yes.

When was that?

Summer and fall of 1986.

Okay. So about six months?

I think it was a little less than that. I think I started in June and ended in August or September.

What did you do after that?

Went to work at the state capitol in Madison.

Where you worked for several different representatives?

Correct.

How long were you at the capitol for?

Six or seven years.

Page 44 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 A Q A Q A Q A Q A Q A Q A

Industry?

Some.

How long did you work for Foley and Lardner?

Three years.

What types of industry did you lobby?

Main ones that I worked on was I lobbied for a wind farm up in the Town of Addison. I worked on a variety of other legislation, whole series of different clients.

Why did you leave Foley and Lardner?

I wanted to run for the state assembly.

So what year was that?

2002.

And did you in fact run?

Yes. Did you win?

No. So what did you do?

I decided to take a break from politics and went into real estate.

Beginning in '02?

'03, I had to go and get my license.

And where did you go work?

At Coldwell Banker. It was an organization that my uncle was running the office.

11 (Pages 41 to 44) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 11 of 120 Document 229-6

Page 45 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 I thought I saw the name First Weber. Was that -A That was later on.

Q Okay. How long did you work for Coldwell Banker?

A I think three years. I can't be exact.

Q And what did you do for them?

A Residential and commercial real estate.

Q In what city?

A Racine.

Q And as part of your commercial real estate endeavors in the City of Racine for Coldwell Banker did you bring any major developments or businesses to the city?

A Yes. I worked to bring the Point Blue development to the City of Racine.

Q What year was that?

A I can't recall exactly when we started.

Q What is the Point Blue development?

A It was a 400 plus residential development along the lake that never came to fruition.

Q Why didn't it come to fruition?

A A variety of reasons.

Q What were they?

A A variety of reasons.

Page 47 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 So Point Blue was the one that we talked about that was not successful?

A Right.

Q And what was the other one then?

A River Bend Lofts.

Q And where did that go?

A In the -- it was the Badger Uniform building on Marquette Street and 6th.

Q And what was it, condos?

A It was a redevelopment of an industrial building into condominiums and then apartments.

Q Is it still there today?

A Yes. Q During your time as a realtor or in the real estate industry did you bring any commercial businesses to downtown 6th Street area?

A I worked with people who wanted to purchase buildings in the downtown area, yes.

Q Okay. And did that happen? Did anyone purchase buildings in the downtown area?

A Yeah, some of them did.

Q Who did you work with -- what buildings were purchased? What businesses went into them?

A Well, the River Bend Lofts was probably the biggest.

Page 46 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 What were they?

A In particular, I don't know if I can give you any one in particular.

Q Well, who shot it down?

A The project failed.

Q Financially?

A I don't know if it's financial or not, but the project failed.

Q But you can't tell us why it failed.

A Not exactly. I wasn't the -- the person that was the developer.

Q Okay. When did you go work for -- was First Weber your next job?

A The two developers that I was working with that were the biggest developers asked us to transfer our business from -- from Coldwell Banker to First Weber, so we did.

Q What year was that?

A I don't recall the exact year.

Q And when you were working for First Weber did you bring any developments or big business to the City of Racine?

A Just the two developments that we were working in, the one that was not successful and the one that was.

Page 48 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 Okay.

A I worked on a number of businesses on 6th Street and Main Street. I can't recall who they all are right now.

Q Do you remember any of them?

A Not offhand.

Q During your time with Coldwell Banker or First Weber did you ever bring any minority-owned businesses to the City of Racine?

A I don't recall if I did or I didn't.

Q The ones that you've already spoken of are owned by Caucasians?

A The two developments were, yes.

Q Were you involved in the deal to bring Delafield Brewhaus to 6th Street?

A I was not involved with the deal, but I did review it.

Q Reviewed it for what purpose?

A My uncle asked me to review the proposal to see if it was, if there was any questions with the business plan.

Q And did it go in?

A (No response.)

Q Did the Brewhaus go into 6th Street?

A It did not.

12 (Pages 45 to 48) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 12 of 120 Document 229-6

Page 49 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 A Q A

Q A Q A Q A

Okay. Why not?

I don't know.

Did it pass your review?

I told them that I had some questions about it.

Do you remember what those were presently?

Sustainability of the business plan.

That was an upscale brew pub?

Correct.

Were you involved in the deal for the Historic 6th Street Market?

From a residential perspective?

MR. COHEN: Objection, vague.

BY MR. ELDRIDGE: Yeah, in any -- in any component.

Well, I supported it.

When did it go in?

I don't recall.

And what type of business was it?

Are you -MR. COHEN: I'm going to object, vague. Are you asking him as mayor or when he was a real estate agent, or the building itself is the historic market building, always has been.

MR. ELDRIDGE: I'll get back to that.

Page 51 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 The mayors, mayors nationwide.

Q Okay. And how often do those conferences take place?

A A minimum of twice a year.

Q And do you go all the time?

A Yes. Q And just so I understand, this is a conference of various mayors from around the country?

A Correct.

Q And is there always a presentation on racial discrimination?

A I don't know that it's always deemed or highlighted as racial discrimination.

Q Okay. But it's something that you've seen presented on -A Yes. Q -- during the course of your attendance at these U.S. of mayors conferences?

A The most recent one is I'm a supporter of immigration reform bill.

Q Pardon me? The most recent what?

A That was the most recent meeting that we had, was on immigration reform.

Q Got it. Aside from your attendance at the -let me just clarify. When you go to these

Page 50 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 Do you have any post-college education?

A I took two classes at the University of Wisconsin Parkside in economics and writing.

Q And when did you take those classes?

A I don't recall.

Q Was it before you were mayor?

A Yes. Q Do you have any post-college certifications?

A My real estate license. I think that's all.

Q And do you continue to hold your real estate license?

A No. Q When did it lapse or expire?

A I actually turned in my license, I believe it was in '11.

Q 2011?

A Correct.

Q Have you attended any seminars or conferences on racial discrimination?

A We hold meetings on issues of that nature with the U.S. Conference of Mayors.

Q With who?

A The U.S. Conference of Mayors.

Q Okay. And when you say "we hold meetings on that issue" --

Page 52 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 A Q A Q A Q

conferences for the United States mayors they present on a host of different subjects, I imagine.

For four days.

Four days, okay. And so one of those subjects may involve some discussion on racial discrimination?

It may.

And do you remember any of the speakers on racial discrimination that you've seen?

I don't recall offhand which ones particularly.

Have you ever spoken there on racial discrimination?

Yes. Specifically on that subject?

Yes. What year?

At the last meeting.

Did you have a PowerPoint?

No. Did you write an article?

It was part of a draft of a press release, yes.

And what was the topic?

The immigration reform bill.

And how, in your view, does that relate to

13 (Pages 49 to 52) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 13 of 120 Document 229-6

Page 53 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

racial discrimination?

A We are attempting to get immigration reform legislation passed, and the mayors are leading the charge.

Q Okay. And again, how does that relate to racial discrimination?

A Because we're trying to prevent Latinos from being discriminated against.

Q And what's the concept of the bill that you're trying to introduce?

A To allow the proposal for immigration reform to happen.

Q And what's the proposal for immigration reform?

A Immigration reform bill is very lengthy. I don't know that I could describe the whole thing here.

Q Who wrote the bill?

A I believe the bill was drafted by Congress and the President has done extensive work on it.

Q Aside from your presentation on immigration reform have you spoken at any other seminar or conference on racial discrimination?

A Yes. Q Could you tell us about that?

A Last January in Washington, D.C. at a national

Page 55 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

It's a four-day long conference.

Q Oh, you're saying at this conference of mayors.

What committees are you on?

A I specifically sit on the Metro Economies Committee as vice chair, U.S. Conference of Mayors Water Council, and the tourism committee.

Q Okay. And you mentioned that you spoke directly on racial discrimination. Can you tell us what you spoke about?

A I can't recall directly what I spoke about.

Q Did it involve African-Americans?

A It involves all discrimination.

Q Okay. What was your position on it?

A That there shouldn't be any.

Q So you acknowledge that there is discrimination?

A I believe in this country we still have discrimination.

Q What about in the City of Racine?

MR. COHEN: Objection to the form.

BY MR. ELDRIDGE: Q Is there discrimination in the City of Racine?

A I don't do it.

Q Is there discrimination in the City of Racine?

Page 54 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 A Q A Q A Q A

press conference, and I can't recall how many other times before that at the U.S. Conference of Mayors.

And what was your speech on last January?

It was a press conference on the keeping the President's executive order in place.

And the executive order was what?

The President's executive order on immigration reform.

So fair to say that all of your speeches or presentations that you claim are on racial discrimination relate to immigration reform?

No. Have you ever spoken directly on the subject of racial discrimination?

Yes. Tell us about that.

At committee hearings and events that we have at the U.S. Conference of Mayors.

I missed the last part of your answer, I'm sorry.

At the U.S. Conference of Mayors.

And when you said "committee events" what committees are you talking about?

I sit on and attend a variety of committees.

Page 56 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

Q A

There may be.

Do you believe there is?

There may be.

Okay. Any discrimination in the City of Racine that you're aware of?

Directly? No. Do you think there's discrimination in the City of Racine within the walls of your -- within the walls of city hall?

I don't know.

There may be?

I don't know.

Any that you're aware of?

I don't know.

What if you became aware of discrimination in the city hall, what would you do?

MR. COHEN: Objection to the form of the question, speculative, hypothetical. Go ahead and answer if you can.

THE WITNESS: I would immediately ask my HR manager to look into it.

BY MR. ELDRIDGE: And have you done that for any occasion during your mayor?

I don't recall.

14 (Pages 53 to 56) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 14 of 120 Document 229-6

Page 57 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 Have you written any papers on racial discrimination, not talking about immigration reform?

A I don't recall.

Q Do you have a CV, a resumĂŠ?

A I may. I don't know the last time I put together, updated it.

Q And do you write articles? Is that something you do?

A Press releases.

Q You write press releases. And you write them or you have someone write them for you?

A I work with my staff on them.

Q And those go out to newspapers?

A Correct.

Q Like the Journal Times?

A Editorials as well.

Q Do you have -- have you ever written any articles that have been published in any sort of periodical?

A I don't know when my items are published.

Q Well, I mean, aside from press releases, I mean, have you ever written any sort of educational or editorial pieces?

A I have written editorial pieces. I don't know

Page 59 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

Mr. Dickert?

A Yes. Q So I wanted to circle back just really briefly on Renee and Mr. Gomez, because it appeared to me that we had asked everyone else on your campaign staff to identify all the members and no one identified Mr. Gomez or Renee, and so my question is what -- what roles, what were their titles?

A They would be volunteers. There was no title.

Q Okay. So did they really have any different responsibility than any of the other hundred or so volunteers working for you?

A Well, they were working specifically with our team, and I don't know if their roles were overly specific. They were just, they were helping out.

Q Okay.

A They were more active than the standard volunteer.

Q Okay. And when you say more active what do you mean?

A They were, a standard volunteer would come in and maybe work for a weekend on a Saturday for a couple hours and then come back the next

Page 58 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

if they get published or not.

Q Okay. And have you written editorial pieces on the topic of racial discrimination?

A In the last six years I don't recall if I have or not.

Q How many editorial pieces have you written?

A I don't recall.

Q You don't remember if you've written on the subject of racial discrimination?

A I've written on a lot of things. I don't recall if I've done that specifically.

Q Do you keep your editorials that you write?

A I don't. They may be kept electronically, but I don't.

Q Who would they be kept electronically by?

A My staff.

MR. ELDRIDGE: Go off the record for a second.

THE VIDEOGRAPHER: Going off the record. The time is 10:04 a.m.

(Short break was taken.)

THE VIDEOGRAPHER: We're back on the record. The time is 10:20 a.m.

BY MR. ELDRIDGE: Q Are you ready to continue with your deposition,

Page 60 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 A Q A Q A Q

Saturday. They were helping out more during the week as well.

Okay. And so for that reason, because they put in more hours, you considered them to be part of your staff?

There is no staff for a campaign outside of Greg and Zach. There is no paid staff.

They're volunteers. They're -- they were helping out more than your average volunteer was.

Okay. So your staff was -- was Greg and Zach, and of course you had Mary as the treasurer.

Correct.

All right. And they had positions.

I guess you'd call it that.

The rest of the people who were working on your campaign were volunteers.

Right.

And Renee and Mr. Gomez just happened to help out more than the others.

Correct.

Is that a fair summary?

Yes. All right. Are the employees of the City of Racine required to attend seminars on racial

15 (Pages 57 to 60) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 15 of 120 Document 229-6

Page 61 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

discrimination?

MR. COHEN: Presently, are you asking?

BY MR. ELDRIDGE: Yeah, during your tenure as mayor.

Restate the question?

Okay. So let me go at it a little differently.

During your tenure as mayor have the employees of the City of Racine been required to attend presentations or seminars on racial discrimination?

I don't know if they have been asked to attend.

I hired a new HR director, Tim Tompkins, and when Tim was hired I asked him to make sure that our staff were being trained or were educated on issues regarding race and racial discrimination.

And thank you. When did you hire Tim Tompkins?

About two, maybe three years ago.

Okay. So before Mr. Tompkins was hired, so that would have been in 2012 or 2013, before that period of time fair to say that the employees of the City of Racine did not, were not required to attend mandatory training on racial discrimination, true?

Page 63 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 I don't know if he has instituted any or not.

I would have to ask him.

Q Okay. Well, you hired him in 2012 or 2013 and asked him to institute a program on racial discrimination for city employees, true?

A Training.

Q Correct?

A Training on racial discrimination, yes.

Q Okay. You asked him to implement training on it.

A Correct.

Q Okay. Well, and that was to be done for city employees, correct?

A Correct.

Q And that was to be mandatory.

A I don't know that I ever used the word "mandatory."

Q Would you like it to be mandatory?

MR. COHEN: Objection to the form.

Go ahead and answer.

THE WITNESS: I asked my staff to do something, and then when I delegate that authority I assume that they are doing it.

BY MR. ELDRIDGE: Q Okay. But did you ask them to make it

Page 62 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 I don't know the answer to that question.

You'd have to ask the HR director.

Q Okay. Well, were you, during that time period, 2009 to 2012 or 2013, were you required to attend mandatory training on racial discrimination?

A I don't know that I was asked or not. I don't remember if I was asked or not.

Q Do you remember attending any mandatory training on racial discrimination within the city?

A No. Q Okay. And as you sit here today you're not aware of anyone within the city between the years of 2009 and 2012 or 2013, whenever Mr. Tompkins was hired, who attended any mandatory programs on racial discrimination, true?

A I'm not sure if they did or they didn't.

Q Okay. So my question was as you sit here today you're not aware and the answer is true, right?

A I am not aware at this time.

Q Thank you. Did Mr. Tompkins institute any mandatory training programs on racial discrimination?

Page 64 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

mandatory for employees or no?

A I don't know if I used the word "mandatory" or not.

Q Since Mr. Tompkins was hired have you gone to any in-house training on racial discrimination?

A I have not personally.

Q Okay. Are you aware of any city employees who have gone to in-house training on racial discrimination since Mr. Tompkins was hired?

A I do not know if in particular anyone, if they have or they have not.

Q And as a matter of fact, you don't know if in the two or three years since you hired Mr. Tompkins if he has even implemented a training program for racial discrimination, am I correct?

A I do not know whether he has implemented or not. I do know that I requested that we have bilingual staff at all of the front desks in city hall, and I believe every single department in city hall now has a bilingual speaking staff member at the front desk.

Q Well, I'm not sure what that has to do with racial discrimination, but to answer my question you don't know whether Mr. Tompkins

16 (Pages 61 to 64) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 16 of 120 Document 229-6

Page 65 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

ever instituted the program that you requested, which is that people be trained on racial discrimination; is that correct?

I don't know specifically if he has or has not.

And you've done zero since you've hired Mr. Tompkins to follow up and make sure that that program was instituted.

I've talked to Mr. Tompkins about a variety of issues.

Okay. Have you gone back to Mr. Tompkins and said hey, where is the racial discrimination program I asked you to institute?

No, because I just said that I don't know if staff have been doing it or not.

You haven't done anything to confirm that one way or the other.

When I give somebody a directive that I want them to do I assume that they are implementing it.

But you don't know if it's been implemented.

I don't.

And you haven't been called upon to attend training on racial discrimination -I don't know if I have or have not.

It's not a priority to you?

Page 67 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 A Q A Q

A Q

department to do, and when I ask them to do it I assume that they're doing it. I don't go back and check and micromanage them at that time.

Are you going to go back to Mr. Tompkins after this deposition and ask him whether it's been done?

I may.

You want the program instituted, right?

I want all of my programs instituted.

Are your employees trained on sexual harassment?

You would have to ask my HR director.

You don't know?

I don't know.

Have you ever had to go to in-house training on employment discrimination or sexual harassment?

I have not attended any program myself on either.

Do you have any ownership interest in any property in the City of Racine aside from your house?

No. Are you an investor in any business in the City of Racine?

Page 66 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 For me? I don't discriminate, no.

Q Okay. Well, is it a priority that the training program be implemented for city employees on racial discrimination?

A When I ask Mr. Tompkins to do something I would have to go back and ask him how much of he's accomplished.

Q Okay. My question -A I haven't done that.

Q Thank you. You have done that?

A I have not done that as yet.

Q Okay. So is it fair to assume that it's not a priority for you to institute a program for racial discrimination training within the city?

A That's not fair to assume.

Q Okay. Well, why haven't you done anything for it for three years?

MR. COHEN: Objection, misstates his testimony.

BY MR. ELDRIDGE: Q Why haven't you gone back to Mr. Tompkins and said where's my program? It's two or three years. If it's a priority why haven't you done anything about it?

A I have a lot of programs that I ask each

Page 68 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 Not that I know of.

Q Have you been an investor in any business in the City of Racine?

A I was an investor with my uncle in homes that we rehabbed when I was in real estate.

Q Any -- any other commercial business?

A Not that I know of.

Q What does racial discrimination mean to you?

A When someone treats someone differently because of their race.

Q And when someone treats someone differently because of their race is that acceptable?

A No. Q You would agree as the mayor of the City of Racine that the government has an obligation to treat people of all races equally.

A Correct.

Q You would agree as the mayor of the City of Racine that the government has an obligation to apply the same rules to people of different races.

A Correct.

Q Are minorities entitled to the same rights and privileges as Caucasians?

A Yes.

17 (Pages 65 to 68) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 17 of 120 Document 229-6

Page 69 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 Do you believe that minorities in the City of Racine while you've been mayor have received the same rights and privileges as Caucasians?

A Yes. Q Do you believe that minorities, the same -Strike that.

Do you believe that the government has applied the same rules to minorities during your tenure as mayor as they've been applied to Caucasians?

A Yes. Q Do you believe the government should scrutinize the conduct or activities of minorities any different or any closer than they do of Caucasians?

A No. Q Do you believe that the City of Racine, its government, has scrutinized the conduct of minorities more intensely than the conduct of Caucasians?

A No. Q Are you aware of any instances in which the conduct of minorities has been scrutinized more intensely than the conduct of Caucasians?

A No.

Page 71 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

case, is she?

A I don't know.

Q Well, you know who the plaintiffs are, right?

A I believe I know who the plaintiffs are, but I don't know if she's one of them.

Q I'll represent to you that she's not, and you certainly know she's not a defendant in the case, right?

A I believe so.

Q All right. Is it your testimony that Ms. Sharp was -- committed perjury?

A I believe Ms. Sharp lied.

Q Are you sure about that?

A Yes, because I didn't use the word.

Q Are you aware of any racist activity or conduct on the part of the city aldermen during your tenure as the mayor?

A Not that I'm aware of.

Q Are you aware of any racist activity or conduct on the part of the Racine Police Department during your tenure as mayor?

A If there was I would have dealt with it immediately.

Q Okay. So is that suggesting that there was and that you dealt with it?

Page 70 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 Are you aware of any instances where the government has applied different rules to minorities than have been applied to Caucasians?

MR. COHEN: Objection, asked and answered. Go ahead.

THE WITNESS: No.

BY MR. ELDRIDGE: Q Have you ever discriminated against people on the basis of race?

A No. Q Have you ever used a racially derogatory term?

A No. Q You know that Penny Sharp gave sworn testimony that you used the "N" word.

A I believe she gave testimony to that fact.

Q Well, and you know that that was during the course of a deposition and she was under oath?

A I believe she was under oath, yeah.

Q And you read the transcript where she, or the portion of the transcript where she testified that you used the "N" word in a sentence, right?

A I read that.

Q Okay. And Ms. Sharp is not a plaintiff in this

Page 72 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 I'm saying that if there was any I would have dealt with it immediately.

Q So was there any?

A There was issues that were brought to my attention, and I immediately brought them to the chief.

Q What issues were brought to your attention?

A Some issues regarding some of our police officers that felt that there was concerns within the department.

Q What were the concerns?

A That they were being discriminated against and...

Q There were, just so I'm clear, I'm not understanding, there were police officers who felt that they were being discriminated against?

A A police officer, Al Days.

Q I'm sorry?

A Al Days, a police officer.

Q And Mr. Days felt that he was being discriminated against?

A Correct.

Q And what race was Mr. Days?

A African-American.

18 (Pages 69 to 72) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 18 of 120 Document 229-6

Page 73 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 And what did you do to address Mr. Days' concerns or beliefs?

A We immediately started an investigation into it.

Q And what was the result of the investigation?

A I don't know what the final result was, but I believe it's been resolved.

Q As a part of a lawsuit?

A I -- I don't know.

Q Well, did the city conclude that Mr. Days was in fact being discriminated against?

A I don't know what the final conclusion was.

Q And was it Chief Whalen who was discriminating against him, allegedly?

A I don't know.

Q Was that the allegation?

A I don't know what the allegation was.

Q Was it a court case?

A I don't know if it was in court or not.

Q Okay. Do you know what a "do-rag" is?

A No. Q The answer is no?

A Right.

Q Like the tight wraps that people wear over their heads?

Page 75 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 I have no idea.

MR. COHEN: Objection to the form.

BY MR. ELDRIDGE: Q Do you know what R&B music is?

A I can only assume that it means rhythm and blues.

Q I think you're right. Do you listen to R&B music?

A I do.

Q I'm going to show you a picture of a do-rag on my phone. Does that -A Okay.

Q -- refresh your recollection as to what a do-rag is? You can show it to counsel, obviously, please. And just for the record I searched "do-rag" on Google and it was the first photo that appeared. Have you seen people wear do-rags?

A I have.

Q I'm going to hold it up for the camera just so that I can get a picture of it.

THE VIDEOGRAPHER: Hold on. Let's see if I can get it. I'm getting -MR. ELDRIDGE: Glare?

THE VIDEOGRAPHER: Yeah. You know

Page 74 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 A Q A Q A Q

Okay. I'm not exactly sure what that is.

Have you ever heard the phrase "do-rag"?

I've probably heard the phrase.

But you have no understanding what it is?

No. You know what baggy jeans are, right?

I assume that's self descriptive.

Right. Do you associate baggy jeans with any particular race?

Young people.

Young people?

That's the only people that I've seen wear baggy jeans.

Okay. Any particular race, though, one more than the other?

No. Do you agree that prohibiting baggy jeans would disproportionately affect minorities?

No. What about long gold chains, do you associate long gold chains with a particular race?

No. Do you agree that prohibiting wearing long gold chains would disproportionately affect minorities?

Page 76 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 A Q

A Q A Q

what, I think we've got an idea, though.

MR. ELDRIDGE: Idea is good enough.

THE VIDEOGRAPHER: There we go.

MR. ELDRIDGE: Thank you.

Do you associate do-rags with a particular race?

No. Do you agree that prohibiting do-rags would disproportionately affect minorities?

I have no idea.

Do you think a prohibition against do-rags would be race neutral?

I have no idea.

Do you associate R&B music with a particular race?

No. Do you agree that prohibiting R&B music would be -- would disproportionately affect minorities?

I have no idea.

Do you think a prohibition against R&B music is race neutral?

I think prohibiting music in general is just not a good idea.

Why do you think it's not a good idea?

19 (Pages 73 to 76) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 19 of 120 Document 229-6

Page 77 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 Because I was a disc jockey and there is a lot of people who like a lot of different types of music.

Q Do you know what hip-hop music is?

A I've heard of it.

Q When were you a disc jockey?

A 1983-ish to about 1993.

Q Do you listen to hip-hop music?

A Not so much.

Q Do you know what rap music is?

A I know of it.

Q Okay. Do you listen to rap music?

A Not so much.

Q Do you equate hip-hop and rap music as being the same genre?

A No. Q They're different genres?

A Yeah.

Q Describe the difference.

A I think hip-hop music has got a different form.

I think rap music is primarily verbal and not so much singing, and rap started probably in about 1980s with Blondie, I think was the first major rap.

Q Blondie?

Page 79 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

prohibition against hip-hop or rap would be race neutral?

I don't know.

Do you know what Hennessy is?

I believe it's an alcohol.

Do you associate Hennessy with a particular race?

No. Have you ever dranken Hennessy?

I don't think so.

You're not aware that more than 75 percent of the Hennessy drinkers in this country are African-American?

MR. COHEN: Objection, assumes facts not in the record. Are you testifying, Counsel?

MR. ELDRIDGE: I'm asking a question.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: And you don't associate Hennessy with any particular race.

MR. COHEN: Objection, asked and answered.

THE WITNESS: No.

BY MR. ELDRIDGE:

Page 78 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 Yeah.

Q Okay.

A Hip-hop music, I think, is a description of a wide variety of music. I don't think that there's any particular form that is specifically hip-hop. I think it describes a variety of music.

Q Do you associate hip-hop with a particular race?

A No. Q Do you associate rap with a particular race?

A No. Q You don't think a prohibition against hip-hop or rap music would disproportionally affect minorities?

A No. Q Do you think there's more white people who listen to hip-hop and rap than African-Americans?

A I think it's equal numbers.

Q So you think a prohibition against hip-hop or rap would be race neutral?

A Well, I think a prohibition against any music would be wrong.

Q That's not my question. Do you think a

Page 80 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 Do you think a prohibition against the sale of Hennessy would disproportionately affect minorities?

A I don't know.

Q Do you think a prohibition against Hennessy is race neutral?

A I don't know.

Q Do you think a prohibition against Hennessy would be appropriate?

A I don't know.

Q Do you think a prohibition against hip-hop or rap music would be appropriate?

MR. COHEN: Object to the form, vague. What context?

BY MR. ELDRIDGE: Q In a bar? Do you think a prohibition against hip-hop or rap music in a bar is appropriate?

A I think a prohibition against any music is not appropriate.

Q Okay. So if the government prohibited hip-hop or rap in a bar that would be inappropriate, correct?

MR. COHEN: Objection to the form, foundation. Go ahead.

THE WITNESS: Restate your question?

20 (Pages 77 to 80) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 20 of 120 Document 229-6

Page 81 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 Q

Q

BY MR. ELDRIDGE: If the government prohibited hip-hop or rap music in a bar that would be inappropriate, true?

MR. COHEN: Objection, form, foundation. Go ahead.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: Well, you just said that prohibition of any music would be inappropriate, and I just asked you, well, first of all, we could agree that hip-hop and rap are music, so by nature by logical extension of your answer I would assume that the government's prohibition of hip-hop or rap music in a bar would be inappropriate, correct?

I don't know that the government has the right to limit music in a bar.

Okay. So would I be correct, therefore, that the government's prohibition of hip-hop or rap music in a bar would be inappropriate?

MR. COHEN: Same objections. Go ahead. Incomplete hypothetical.

BY MR. ELDRIDGE: Am I right?

Page 83 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

MR. COHEN: He answered your question.

BY MR. ELDRIDGE: If the government did prohibit hip-hop or rap music in a bar would it be inappropriate?

I think I just gave you my answer.

No, you said that you don't know if they had the authority. I'm saying if they did it, okay?

I don't know.

MR. COHEN: Well, part of the question of whether it's appropriate is whether they have the authority to do so. I think he's answered your question. Why don't you move on.

MR. ELDRIDGE: No, it's not. He hasn't answer the question.

MR. COHEN: Yes, he did.

MR. ELDRIDGE: He's dodged the question, but he hasn't answered the question.

MR. COHEN: No, that's your opinion.

Why don't you move on. You've asked him the question three times.

BY MR. ELDRIDGE: You'd agree that you testified a few minutes ago that the prohibition of any music in a bar

Page 82 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 I don't understand your question.

MR. COHEN: Go ahead.

BY MR. ELDRIDGE: Q If a government prohibited hip-hop or rap music in a bar is that inappropriate?

MR. COHEN: Same objections, incomplete hypothetical.

BY MR. ELDRIDGE: Q What's the answer?

THE WITNESS: My attorney just -MR. COHEN: Go ahead and answer subject to the objections.

THE WITNESS: State the question again?

MR. ELDRIDGE: Could you read it back, please?

(The following portion of the record was read: "QUESTION: If a government prohibited hip-hop or rap music in a bar is that inappropriate?")

THE WITNESS: I don't know whether they would have the authority to prohibit music in a bar unless it's not licensed accordingly.

BY MR. ELDRIDGE: Q Okay. That's not my question, though.

Page 84 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

Q A Q A

would be inappropriate, right?

MR. COHEN: Objection, misstates his testimony.

BY MR. ELDRIDGE: Are you retracting that testimony?

Restate the question?

You testified earlier, I believe, correct me if I'm wrong, that the prohibition of any music in a bar would be inappropriate.

You could look back at the record, but I said, I believe I said the prohibition of any music would be inappropriate.

Okay. So by logical extension, therefore, the prohibition of rap or hip-hop music in a bar by a government would be inappropriate, yes?

MR. COHEN: Objection, misstates his testimony, form of the question, incomplete hypothetical, asked and answered. Go ahead.

THE WITNESS: I believe I've answered that.

BY MR. ELDRIDGE: What was your answer?

She can read it back to you.

No. What was your answer?

Could you read it back to him, please?

21 (Pages 81 to 84) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 21 of 120 Document 229-6

Page 85 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 She doesn't know which question.

A Why don't you read back my answer to him.

Q I don't know which question you're asking her to read back.

MR. COHEN: I don't know that she's looking for an answer.

MR. ELDRIDGE: We're all just waiting for nothing to happen?

MR. COHEN: You're not looking for an answer, correct?

THE REPORTER: I'm sorry, I wasn't -MR. ELDRIDGE: No, that's okay.

THE REPORTER: -- aware I was supposed to.

MR. ELDRIDGE: That's my fault.

MR. COHEN: Thank you, Mike.

BY MR. ELDRIDGE: Q Do you want her to read back one of your answers, is that what you're looking for, Mayor?

MR. COHEN: What's the question?

BY MR. ELDRIDGE: Q Or do you want me to ask the question again?

A I believe I've answered it.

Q Let me ask it again, because you haven't

Page 87 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

MR. COHEN: You can get the answer.

MR. ELDRIDGE: It's not, Michael, and I asked him a very simple yes or no question that's an easy answer. I know he doesn't want to give it, but it's a pretty simple answer, and so if you want to instruct him not to answer maybe that's the best course. We'll certify the question and then we'll move on.

MR. COHEN: I'm going to instruct him not to answer. You can take it to the judge.

MR. ELDRIDGE: Okay. I'll certify that answer, please.

MR. COHEN: Which, by the way, means nothing in Wisconsin, so go ahead.

MR. ELDRIDGE: Certification? You can take anything to the judge, I assume.

MR. COHEN: Right.

MR. ELDRIDGE: Okay. Certify it anyways, please, just mark it, if you would, on the transcript, as being certified.

THE REPORTER: Okay.

MR. ELDRIDGE: Thank you.

Q Mayor Dickert, if you visualize a man wearing a do-rag, a long gold chain, baggy jeans exposing his boxer shorts, listening to rap music and

Page 86 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 A Q

answered it, with all due respect. Do you believe that a government's prohibition of hip-hop and rap music in bars would be appropriate, yes or no?

MR. COHEN: Objection to the form of the question, incomplete hypothetical, foundation, and asked and answered. Go ahead.

BY MR. ELDRIDGE: Yes or no?

I believe I've answered the question.

Okay. Is it yes or no?

I've answered the question.

Is it yes or no? Is the answer to the question yes or no?

You can ask her to read it back. I've answered the question.

So you're refusing to answer it again?

If I've answered it already.

Well, your lawyer isn't instructing you not to answer and I've asked you to answer the question.

MR. COHEN: And I have asked you to move on because you're asking the same question. The record will speak for itself.

MR. ELDRIDGE: No, it's really --

Page 88 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

A Q

drinking Hennessy what color is that man?

MR. COHEN: Objection to the form of the question.

THE WITNESS: I have no idea.

BY MR. ELDRIDGE: You don't know?

No. You described his clothes.

That's right. You're not familiar with urban or hip-hop culture?

A little.

Okay. And you don't think that people wearing do rags, long gold chains, baggy jeans exposing their boxer shorts is a hip-hop style?

I don't know because I don't know style that well.

So in that description I just gave you you don't think that that is more in line with one race or the other.

Absolutely not.

Do you think a prohibition, a collective prohibition against do rags, long gold chains, baggy jeans, rap music, and Hennessy would disproportionately affect minorities?

MR. COHEN: Object to the form of the question, incomplete hypothetical. Go ahead

22 (Pages 85 to 88) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 22 of 120 Document 229-6

Page 89 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

Q A

Q

and answer.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: I mean, when the government is endorsing prohibitions for do rags, baggy jeans, long gold chains, rap music, and hip-hop who do you think that's affecting?

I have no idea.

You really don't think that that has a disparate impact on minorities?

MR. COHEN: Objection, asked and answered. How many times do you want to ask him this question?

MR. ELDRIDGE: I'm just shocked.

MR. COHEN: Now you're arguing with him.

MR. ELDRIDGE: I am. I apologize.

But I am.

You don't think that that discrimination disparately affects minorities?

No. MR. COHEN: Objection, asked and answered.

BY MR. ELDRIDGE: Okay. All right. Good. Has the city ever

Page 91 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

articles discussing correlation between race and crime?

We have conversations at the U.S. Conference of Mayors.

And what is the -- what's the executive summary of those conversations?

I don't know that there was any particular executive summary. They relate much more to poverty than anything.

Okay. And what correlation, if any, was discussed during your mayor meetings?

That poverty and drugs has a great deal to do with crime.

And is there any correlation, in your opinion, between poverty and race?

No. I think poverty is poverty.

Is there any correlation, in your opinion, between drugs and race?

No, especially the most recent results that we've seen on heroin addiction.

Which say what?

It crosses all socioeconomic classes and reaches into every household in America and it's at an epidemic proportion.

Really quickly, do you have any evidence that

Page 90 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

Q

conducted or commissioned any studies on race and crime?

We study crime consistently.

And have -- has the city reached any conclusions or determinations in terms of a correlation between race and crime?

We are at a 50 year low in crime right now is the last report that I received.

Okay. Well, let me ask you my question again, which was has the city's analysis on crime involved any determinations on whether there's a correlation between race and crime?

You would have to ask the chief if that data is available. I haven't seen that data yet.

So you don't know.

I don't know.

Do you have any suspicions?

I don't know.

Do you believe that there's a correlation between race and crime?

MR. COHEN: Objection, asked and answered.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: Have you yourself reviewed any studies or

Page 92 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

people who wear do rags are more likely to engage or do criminal or disruptive behavior?

A I have no idea.

Q Do you have any evidence that people who wear baggy jeans are more likely to engage in criminal or disruptive behavior?

MR. COHEN: Objection, foundation.

Go ahead.

THE WITNESS: No idea.

BY MR. ELDRIDGE: Q Do you have any evidence that people who wear long gold chains are more likely to engage in criminal or disruptive behavior?

MR. COHEN: Objection, foundation.

Go ahead.

THE WITNESS: I have no idea.

BY MR. ELDRIDGE: Q And do you have any evidence that people who listen to hip-hop or rap music are more likely to engage in criminal or disruptive behavior?

MR. COHEN: Objection, foundation.

Go ahead.

THE WITNESS: I have no idea.

(Exhibit No. 1016 marked for identification.)

BY MR. ELDRIDGE:

23 (Pages 89 to 92) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 23 of 120 Document 229-6

Page 93 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 I'll hand you Exhibit 1016. Could you identify this document for us, please, sir?

A This is a Racine Alderman's Handbook by Steve Nenonen.

Q Have you seen this handbook?

A No, I have not.

Q Do you know whether there was any handbook of this variety in circulation before 2013?

MR. COHEN: Variety?

BY MR. ELDRIDGE: Q An alderman's handbook?

A I -- I am not sure, but this says 2013 and Steve Nenonen and -- Steve Nenonen was the first city administrator. There's been two since.

Q First city administrator when?

A For the City of Racine.

MR. COHEN: I think he's asking you when was he the city administrator.

THE WITNESS: I don't know when he started, but I -- he wasn't city administrator in 2013.

BY MR. ELDRIDGE: Q Okay. It was before then.

A Yeah.

Page 95 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 A Q A Q

A Q

MR. COHEN: Trying to be helpful.

MR. ELDRIDGE: I appreciate it. I always do.

Could you turn to page 6 in the handbook, please, Mr. Dickert, and 6, I'm referencing the numbers at the top. Don't worry about the numbers at the bottom. They're too long.

You're talking about the top upper right-hand corner?

That's correct. And first of all, is this an official City of Racine document?

I don't know if it's, you'd call it official or not. I don't know.

Well, is this maintained in the ordinary course of business by the City of Racine?

I believe it is.

And this is given out to aldermen?

Correct.

All right. And do you have a copy or no?

I may. I don't know.

On the top of page 6 there's a heading that says, "Mayor council form of government." Do you see what I'm referring to?

Yes. All right. And then the first sentence

Page 94 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 Well, my point is only, and, you know, maybe a difficult question for you to answer because you've never seen Exhibit 1016, but do you know whether -- it's dated 2013, so my question is do you know whether this is a revision or update of a, an earlier version or whether this is -A The last time that I had heard that they had updated this book was last year.

Q Okay. And you don't know whether there were any updates preceding 2013?

A I stated that I believe that they just updated it last year. I believe I got an e-mail from Scott Letteney saying that the aldermanic handbook had been updated.

Q I know. My question is are you aware of any updates that preceded 2013, before this?

A I have no idea.

Q Okay.

MR. COHEN: I'll just note for the record on the second page it says, "By Steve Nenonen 2006, updated in 2013."

MR. ELDRIDGE: There you go. Thank you. You just solved all my problems. I should have just read.

Page 96 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

provides, "Cities are governed by a common council consisting of alderpersons and the mayor," and do you agree with that statement?

I believe that's accurate. We are a strong mayor form of government, though.

Pardon?

We are a strong mayor form of government.

There's two forms of mayoral government.

Explain it to me, please.

A strong mayor is the mayor introduces the budget and has veto authority. A weak mayor position is he does not introduce or she does not introduce and does not have veto authority.

And you said that the City of Racine is a strong -It's a strong form of government. The mayor introduces the budget and has veto authority.

Very good. Thank you.

It goes on, this paragraph, to say that the common council, which includes the alderpersons and the mayor, decides policy matters. Do you agree with that statement?

Yes. It also says that the common council grants or denies licenses issued by the city. Do you

24 (Pages 93 to 96) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 24 of 120 Document 229-6

Page 97 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

agree with that statement?

A Correct.

Q At the bottom of the page under the paragraph entitled, "The mayor," second sentence says -I'm sorry, the first sentence, I wanted to read, "The mayor is by statute a member of the council, presides at its meetings, and may vote on measures before the council in the event of a tie." Is that consistent with how the government operates in Racine?

A Correct.

Q And it's been that way throughout your tenure?

A Correct.

Q So it's always been a strong mayoral government during your tenure?

A Correct.

Q The next sentence I think you've already answered, but it says, "The mayor has the power to veto certain actions of the council," and that is true, right?

A Correct.

Q That's always been the way since you've been in tenure, right?

A Correct.

Q The next sentence reads, "As chief executive

Page 99 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 Yes. A And the council.

Q As CEO of the city you have the statutory duty to take care that city ordinances and state laws are observed and enforced and that all city officers and employees discharge their duties. Do you agree with that statement?

MR. COHEN: Do you see where he's reading from?

THE WITNESS: Show me the exact line where you're reading from?

BY MR. ELDRIDGE: Q It's the -- it's the third sentence in the paragraph under the mayor. I'll reask the question. As CEO -- I'll give you a second to read it. Let me know when you're done.

A All right.

Q As CEO of the City of Racine you have the statutory duty to take care that the city ordinances and state laws are observed and enforced and that all city officers and employees discharge their duties, correct?

A Correct.

Q And then if you flip the page to page 7, next question, the very first sentence says, "The

Page 98 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

officer of the city," and first of all, you would agree with me that you are the chief executive officer or CEO of the City of Racine, correct?

I am the chief executive officer of the city, correct.

And I'll probably draw a form objection, but that means the buck stops with you, is that fair?

MR. COHEN: Objection to form.

THE WITNESS: To an extent.

BY MR. ELDRIDGE: To an extent?

To an extent.

And when doesn't it?

If the council overrides the veto.

Okay. Has that happened?

I don't know. I haven't vetoed anything yet.

You've never vetoed anything?

No. So at least during your tenure as mayor the buck does stop with you then.

MR. COHEN: Objection to form.

THE WITNESS: And the council.

BY MR. ELDRIDGE:

Page 100 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

A Q

mayor is the head of the police and fire departments," is that correct?

They are -- the departments are within my purview, yes.

And you are the head of the police department?

According to this, yes.

And you agree with that?

Yes. All right.

Did you want to finish that line, "Except in the cities where the Police and Fire Commissions are granted original powers by the electorate"?

Do you want to finish the next line?

Yeah. "The city has not given the option to the Police and Fire Commission as yet, but we do have a Police and Fire Commission."

Okay. But you haven't given optional powers to the Police and Fire Commission.

Correct.

So the answer to my original question, which was you are the head of the police department, is correct.

Correct.

The public safety and licensing committee is a

25 (Pages 97 to 100) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 25 of 120 Document 229-6

Page 101 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

standing committee within the city council.

A Correct.

Q I'm going to refer to it, at least I'm going to try, as the PSLC. You'll understand me when I do that?

A Sure.

Q There's two other standing committees, am I correct?

A Finance and public works.

Q Okay. And that's always been the way since you've been in office?

A Correct.

Q Okay. The PSLC is made up of how many alderpersons?

A Five.

Q And who appoints members to the PSLC? A I do.

Q Is it true that you have sole decision-making authority in terms of who to appoint to the PSLC? A I have the decision-making authority, but I take recommendations from the council members.

Q But the decision itself is yours.

A Correct.

Q And you can make appointments on a year to year

Page 103 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

criteria.

Q Which are?

A Well, to name a few I want to make sure that we have some experience on the committee already and they're not all new, I want to make sure that if someone has a specialty in an area that I might be able to utilize that specialty or knowledge for that committee, and then I just look at the makeup of the committee to make sure it's -- it's going to be good and functioning and have a good chair and vice chair.

Q And do you designate the chairs and vice chairs?

A Yes, I do.

Q And is it that new members should -- should, or kind of the, I think you said maybe an unwritten rule or something to that effect, is that new members, I presume new aldermen, should cut their teeth on the PSLC? A Well, the -- the committee is seen, if you look at the three committees the most desired committee is finance, but it's also one of the most difficult committees to deal with. The next most desired is public works, but it's

Page 102 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

basis.

When the openings are at, yes.

Pardon me?

When the openings are. They came up yearly.

Do you only appoint new people when there are openings?

I -- no. I appoint people -- each year I reevaluate each committee depending on who's been elected.

Okay. And what are your criteria for appointing people to the PSLC? Well, I look at a couple of different things.

The first thing I look at is how many new council members have come into the council.

Why is that important?

Because you want to give newly-elected council members different opportunities, and usually there is a phrase that we use, which is the new members usually cut their teeth on PS&L, so I look at that, I talk to all the new members as well as the old members as to what their requests are for committee -- for committee standing committees, and then I look at the makeup of the committee to make sure that they're balanced according to a number of

Page 104 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 A Q A Q A

extremely broad and you have to have some finance experience. Usually you try to get someone with some finance experience to do it.

Public safety and licensing is one that you can go into new and yet not be completely overwhelmed, so what I try to do is get the new members to start at one committee and then move them.

Do you ever try to balance the committees based upon race, the standing committees?

No. That's never an issue when I look at the committees.

You don't try to make sure that demographics are represented in each committee?

No. I look at everyone equally.

Have you ever appointed an African-American to the PSLC? I'm sure I have. I wouldn't -Can you name one?

I wouldn't recollect if I have or not.

Well, could you name one as you sit here today?

Henry Perez currently sits on the public license.

And Henry Perez is African-American?

He is Latino.

26 (Pages 101 to 104) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 26 of 120 Document 229-6

Page 105 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 I had asked if you had ever appointed any African-Americans to the PSLC. A You can check my past committee assignments.

I'm -- I'm not sure if I have or not. We move them around.

Q Okay. Have you ever appointed Alderman Shields to the PSLC? A I may have.

Q You may have?

A I may have. That's what I said, you'll have to check my most recent appointments of the last six years.

Q Did you ever appoint Keith Fair to the PSLC? A I may have.

Q You just don't know.

A I don't.

Q Is there a custom and practice in terms of how some, how long someone remains on a standing committee?

A After a year of public safety and licensing I try to move the freshman, which are now a sophomore alder people, if they survive the reelection, or actually after the first year they'd still be there, so if a freshman comes on after the first year and they've served on

Page 107 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 It depends on the second year if they want to stay on the committee or be moved. It depends on the makeup and how many new aldermen are coming in. Like I said before, it depends on the makeup of the committee.

Q Which committee did you move Alderman Marcus to after his one year on the PSLC? A I don't recall.

Q Why didn't you put Alderman Marcus on the finance committee?

A I don't recall at the time.

Q Alderman Marcus had a finance background, you're aware of that.

A I'm not aware of whether he had a finance background or not.

Q Didn't you talk to him, don't you speak to your new aldermen about what their backgrounds are to determine where they would best fit on the standing committees?

A I do, but that doesn't mean that they can always get their desired committee.

Q Did you talk to Alderman Marcus before you decided to appoint him to the PSLC in year one?

A I'm sure I did if he was a new alderman.

Q And did he ask you to be appointed to the

Page 106 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

public -- the safety and licensing I try to move them up to the public works and then possibly move them up into finance. I like them to get a variety of different appointments so they can see what's going on at all levels of government, public works, finance, public safety and licensing. I think that gives them a better overall understanding of the city operations.

So you believe if we go back and look at the data it will reveal that one, your custom and practice is to appoint first year alderpersons to the PSLC, correct?

If there are not a -- like in this last year we had three new aldermen. I can't appoint all of them to that committee, simply because of the fact that I think that weighs too much on new alder people being on one committee, so then I have to -- I have to split it up a little bit.

If we go back to the data you believe it will reveal that after new alder people, persons, serve one year on the PSLC they are moved to a different committee?

Well, it depends.

Well, you said that's what you do.

Page 108 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

finance committee or suggest that that would be a proper standing committee for him to serve on?

He may have.

And why did you disregard his request if indeed he made that request?

Because as I just stated earlier, it depends on the makeup of the committee and what we have available.

Why did you transfer Mr. Marcus from the PSLC after year one?

MR. COHEN: Objection to form of the question.

BY MR. ELDRIDGE: Sorry. Why did you appoint Mr. Marcus to a different committee after he served one year on the PSLC? I just described to you that after the first year I try to get them into another committee so that they can find more about the city operations.

Is it your testimony that it had zero to do with his performance on the PSLC during year one?

We had some concerns with Alderman Marcus

27 (Pages 105 to 108) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 27 of 120 Document 229-6

Page 109 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

sharing information with members of a situation that we were having in the city that I witnessed. That did concern me, but it's more due to the fact that they need to learn more about the other operations that are going on in the city.

Tell me about the concern that you had about Alderman Marcus and leaking, or whatever you said, information?

I witnessed Alderman Marcus after we walked out of a closed session in my office take the notes that he was writing up in that closed session and walk out across the council chambers, we were having a council meeting to follow that meeting, and walk into a group consisting of Tommy Holmes and others and start discussing matters with them. I found it inappropriate.

Did you hear what he discussed with Thomas Holmes?

I did not.

He could have been discussing the weather, for all you know.

That's correct.

Who else was there? Mr. Marcus and Thomas Holmes. Who else?

Page 111 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

Q

A Q A Q A

what we discussed in closed council with someone that we were having concerns with and would put us in a legal situation.

MR. COHEN: I belatedly object to the question. It assumes facts not in evidence.

BY MR. ELDRIDGE: What legal situation?

MR. COHEN: Marcus was not an alderman for Mr. Holmes.

MR. ELDRIDGE: Okay. Thank you.

What legal situation were you concerned about?

If he's sharing information in a closed session with somebody that we're having difficulties with who was not a constituent of his I was concerned he would put us in a bad situation.

Because you were concerned that whatever Mr. Marcus communicated to Mr. Holmes would suggest to Mr. Holmes that your council was discriminated against him in closed session, true?

I didn't say that.

Am I correct, though?

No. That wasn't your concern?

No.

Page 110 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 There were a variety of people.

Q Who are they?

A The ones that -- I can't describe who they all were, but I noticed that Thomas Holmes was one of the people that he was talking to.

Q Were they all black?

A No. Q And what was your -- what was your meeting about in closed session?

A I believe we were meeting about the situations regarding the -- well, at that meeting I'm not exactly sure, but it might have been about the concerns that we were having on 6th Street.

Q And why, if your speculation is correct that Mr. Marcus had some discussion about Thomas Holmes, had some discussion with Thomas Holmes about your closed session, why would that be inappropriate?

A Closed session is a closed session with the council. Those notes are not public.

Q Are you -- the notes may not be public, but is it your testimony that alderpersons are not allowed to share with their constituents discussions that occur in closed council?

A My bigger concern was that he was discussing

Page 112 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 So it wasn't a racial discrimination issue that you were worried about?

A I was worried that he was sharing information that he was not given authority to do.

Q We're going to go for just a few more minutes and then we've got to change the tape. It might be a good time for a break too.

What is the purpose of the PSLC? A Public safety and licensing committee, they deal with the public safety and licenses for the city.

Q Is there a stated objective or written objective, a mission statement?

A I don't know if there's a mission statement for the committee.

Q Is there a handbook for members of the PSLC? A I don't know. I've never seen one.

Q Among other things, the PSLC makes licensing recommendations to the common council for Class B liquor licenses?

A I believe that's one of the licenses that they recommend, yes.

Q And so those recommendations to common council may include granting a license?

A I believe that's correct.

28 (Pages 109 to 112) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 28 of 120 Document 229-6

Page 113 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

A Q A Q A Q A Q A Q A

Q

May include suspending a license?

Correct.

May include revoking a license?

Correct.

May include attaching conditions to a license?

Correct.

And all of those recommendations that might be made by the PSLC would require approval by common council before they're effective.

Correct.

And you are a member of the common council.

Correct. Not a voting member unless it's tied.

Okay. So there is a potential for you to vote.

If there's a tie.

Have you ever voted?

In a tie, sometimes I have, sometimes I have not.

As mayor do you ever attend PSLC meetings?

I don't.

Have you ever -- have you ever?

I've stopped once or twice and with a committee meeting going on. I've never stayed for an entire meeting. I don't know that I've stayed any more than five or ten minutes.

And do you remember what was being discussed at

Page 115 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

A

Q

the question, assumes facts not in evidence.

THE WITNESS: I don't know that Viper's was -- was in existence when I became the mayor of Racine.

BY MR. ELDRIDGE: Have you ever met with PSLC members to discuss how a vote may or should go down?

I have talked with members of the council, yes.

And have you made your feelings known to members of the council about how a vote may or should go down?

I've discussed it. I don't know if I talked about a vote particularly.

You've discussed your feelings with them.

I've discussed the issues with them.

Okay. And in discussing the issues with alderpersons you've conveyed to them how you believe a vote should go.

No. MR. COHEN: Objection.

THE WITNESS: I've discussed with them my concerns about the situations that were happening with different bars.

BY MR. ELDRIDGE: And you'd agree with me in discussing those

Page 114 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

the couple of meetings that you've stopped in on?

No. Were they liquor licensing matters that you recall?

I don't recall what they were.

Do you remember ever being at any PSLC meetings where Park 6 was discussed?

I don't recall if it was, that was specifically being discussed when I stopped.

So it's your testimony that you never intentionally went to a PSLC meeting to hear what the people were saying about Park 6.

I don't know that I ever went to one intentionally for Park 6, no.

And how about for, you ever go to a PSLC meeting where Place on 6th, Viper's, Ginger's, or the Cruise Inn were discussed?

I don't recall if those were specifically discussed. Actually, I think Viper's was before my time.

You might be right. Do you mean it was shut down before your time?

I -MR. COHEN: Objection to the form of

Page 116 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 A Q

A

situations with alderpersons that would influence their votes.

MR. COHEN: Objection, calls for speculation.

BY MR. ELDRIDGE: Is that what you were trying to do, were you trying to influence their votes by telling them what the concerns you had with the bars was?

No. It was a conversation about what was happening in the city with regard to the bars.

Do you expect the alderpersons that you assign to the committees to go your way on the votes?

No. You don't?

No. We have a form of government and it works, and that is that they have to do their job and I have to do mine.

So why would you discuss with them your concerns about -Because I think that's my job.

You think it's your job to discuss with them your concerns about particular bars and whether they should get licenses or not?

I discuss my concerns with aldermens about a variety of matters that come up before the city

29 (Pages 113 to 116) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 29 of 120 Document 229-6

Page 117 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

A

on a regular basis.

Did you tell the alderpersons that you think Park 6 should be shut done?

I don't know that I ever said that.

Did you tell them that they should have their license revoked?

I don't know that I ever said that.

THE VIDEOGRAPHER: This will conclude Disk 1, off the record, 11:22 a.m.

(Short break was taken.)

THE VIDEOGRAPHER: We're back on the record, beginning of Disk 2 of the deposition of John Dickert. Today's date July 10, 2015.

The time is 11:35 a.m.

BY MR. ELDRIDGE: Mr. Dickert, are you ready to continue with your deposition?

Yes. I just want to make sure that I'm clear on one issue. Did you ever advise the PSLC on your opinion concerning licensing matters?

I don't know that I've ever advised them on my opinion. I talked -- I never advised the committee. I would talk to council members about my concerns.

Page 119

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 A Q A Q

due process?

I may have.

Do you think that it's likely you did?

I don't know. I may have.

Okay. If you did what concerns did you tell them?

I would have expressed the concerns that I was hearing from businesses, residents, and people that were utilizing all the restaurants and stores and everything else on 6th Street that had expressed concerns to me, I would have relayed those onto them.

People like Mark Levine?

He was one of the people that was on that street.

Okay. Are you friends with Mark Levine?

I know Mark.

Are you friends with him?

I don't know if we'd call it friends, but I know Mark.

Do you socialize with him?

No. Do you have a beer with him?

No. You ever been to his house?

Page 118 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 Okay. And so let me just ask it a little differently. Would it be fair to say then that you advised certain members of the PSLC about opinions you had on licensing matters?

A I would talk to them about the concerns.

Q Okay.

A My -- my job is not to determine whether the license moved ahead or not. That's their job.

Q So for example, before Park 6's license was put through due process you communicated with members of the licensing committee your concerns about Park 6.

A You're stating the licensing committee is one group. I may have talked to individuals about it, but I don't know that I ever spoke to the entire committee about anything.

Q Okay. Well, let's start with that. Is it possible that you spoke to the entire committee about your concerns about Park 6 before it was sent to due process?

A I don't believe I ever spoke to the entire committee about any particular issue.

Q Okay. Is it fair to say that you spoke to certain alderpersons sitting on the PSLC about your concerns of Park 6 before it was sent to

Page 120 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 Not that I know of.

Q If you in fact did communicate with certain alderpersons sitting on the PSLC about your concerns or impressions about Park 6 who would those alderpersons have been?

A I can't recall right now who they'd be.

Q Maybe we'll look at some documents later and it'll refresh your recollection.

A Okay.

Q Well, speaking of, in the documents that you reviewed yesterday did you see any e-mails between you and any alderpersons on the PSLC concerning Park 6?

A I may have, yes.

Q Okay. What alderpersons were those?

A I don't know. I reviewed a lot of documents yesterday.

Q But fair to say then based on your review of your documents yesterday that you did in fact communicate with alderpersons on the PSLC about Park 6.

A I may have.

Q Well, you did, right?

A I'm saying I may have. We reviewed a lot of documents yesterday.

30 (Pages 117 to 120) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 30 of 120 Document 229-6

Page 121 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 All right. We'll look at them.

A Okay.

Q There are minutes kept for all PSLC meetings?

True?

A I believe there are.

Q And I assume that those minutes are circulated to all alderpersons and members of the council?

A I don't know if they are or not. They may be.

Q Do you receive copies of the minutes from the PSLC meetings?

A I don't believe I do.

Q Do you receive copies of minutes from any meetings?

A The ones that I sit on, yes.

Q Just common council?

A No. I sit on the planning commission and chair of the planning commission as well.

Q Okay. So you do not receive minutes from PSLC meetings.

A I don't know if I do or I don't. If -- if those are when they send the -- when they send the recommendations to the council for the council minutes they may be in as an attachment. I don't know.

Q Are you on the distribution, e-mail

Page 123 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 Do you know what a side agreement is?

A It's the agreement that the PS&L committee creates with the bar owner to try to work through a resolution.

Q Signed by a city attorney?

A I don't know who signs it. I believe it is.

Q Does the PSLC have any written criteria in terms of how to handle Class B liquor licensing matters?

A I don't know. You'd have to ask JJ that.

Q Who's JJ? A The city clerk. She deals with the licensing.

I don't know what the criteria is.

Q So you don't know whether there's any written criteria that PSLC members are supposed to follow when ruling on licensing matters?

A I have no idea.

Q Let me ask you this. At the common council level is there any written criteria that council members are supposed to follow when ruling on Class B liquor licensing matters?

A I guess I'm trying to understand your question.

The council takes up the committee recommendation.

Q Okay.

Page 122 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

distribution list for aldermen?

A Sometimes I am.

Q No, but I mean, you know what a distribution list, an e-mail distribution is?

A Right.

Q Like it be might just be entitled "aldermen."

A Correct.

Q And then there might be -A I don't know if I'm on that list for them or not or if it's just for the aldermen.

Q Have you ever reviewed any PSLC meeting minutes?

A Not that I'm aware of.

Q Including for your preparation for your deposition today?

A Not that I'm aware of.

Q Well, did you review any PSLC meeting minutes yesterday?

A I don't believe I did.

Q Did you review any common council meeting minutes yesterday?

A I don't believe we did.

Q Did you review any side agreements yesterday?

A Any side agreements, I don't believe we reviewed side agreements yesterday.

Page 124 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 And they deal with that accordingly.

Q Right. So the council has to determine whether or not to approve or reject the committee recommendation, correct?

A Correct.

Q All right. So in that process of approving or rejecting the committee recommendation is there a set of written criteria that the council uses to evaluate whether to approve or reject a liquor licensing recommendation?

A I don't know that there's a criteria. Not one that I'm aware of.

Q Okay. Is it true that the city council essentially rubber stamps the PSLC's recommendations for liquor licensing matters?

MR. COHEN: Objection to form. Go ahead and answer.

THE WITNESS: I don't know that the council rubber stamps anything.

BY MR. ELDRIDGE: Q Okay. Are you aware of any occasion where the common council has rejected the PSLC's recommendation on a liquor licensing matter?

A I am not familiar with any one in particular, but I'm sure that they probably have.

31 (Pages 121 to 124) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 31 of 120 Document 229-6

Page 125 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 Are you aware of any written criteria or guideline that PSLC members are required to adhere to for determining whether and when to send a bar to due process?

A I am not familiar with the process or the criteria.

Q Okay. So the answer to my question, I'll ask it again. Are you aware of any written criteria that PSLC members are required to adhere to when determining when and whether to send a bar to a due process hearing?

A I'm not familiar with that criteria at all.

Q Are you familiar with any written criteria or guideline that PSLC members are required to adhere to for whether and when to recommend revocation of a bar's license?

A I'm not familiar with any of their criteria that they're supposed to follow.

Q Thank you. And I'm just going to ask the question just so it's clear on the record, and I know what your answer's going to be, but bear with me. Are you familiar with any written criteria or guidelines that PSLC members are required to adhere to when determining whether to recommend nonrenewal of a bar's liquor

Page 127 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

members are required to follow written criteria or guidelines in handling liquor licensing matters?

A No one's ever told me that that I know of.

Q So since no one's ever informed you of any written criteria or training program for PSLC members to follow when handling liquor licensing matters a reasonable inference would be that no such criteria or training exists, would you agree?

MR. COHEN: Objection, misstates the record, foundation.

THE WITNESS: No, it just means that I'm not familiar with any.

BY MR. ELDRIDGE: Q Why wouldn't you be familiar with the training program on one of your standing committees?

MR. COHEN: Objection, asked and answered. You asked him that and he's answered that.

MR. ELDRIDGE: He didn't.

MR. COHEN: He did.

MR. ELDRIDGE: I don't remember it.

What was the answer?

THE WITNESS: I allow my departments

Page 126 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

license?

A I'm not familiar with the criteria.

Q Do PSLC members receive training for how to handle liquor licensing matters?

A I don't know. I've never sat on that committee.

Q Well, wouldn't you be familiar with whether or not one of your committees, one of your standing committees, has a training program designed to educate members of the committee on how to exercise their authority?

A I -- all I know is that Janice Johnson works with the committee. I don't know the criteria or the training that they go through where they become committee members. I've never sat on that committee.

Q Okay. So fair to say you don't know whether PSLC committee members are trained in how to handle liquor licensing matters, correct?

A I do not. I'm not aware.

Q Has anyone ever told you that PSLC members receive training on how to handle liquor licensing matters?

A No one's ever told that to me that I know of.

Q Okay. And has anyone ever told you that PSLC

Page 128 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

Q

Q A

Q A

and my department heads to do their jobs.

BY MR. ELDRIDGE: So once you defer something you're hands off?

MR. COHEN: Objection, vague.

BY MR. ELDRIDGE: Once you delegate something to a department head you're hands off?

MR. COHEN: Objection.

BY MR. ELDRIDGE: You let it go?

MR. COHEN: Objection to form, overly broad. Go ahead.

THE WITNESS: I expect my department heads to do their jobs, and once they have the authority to do that I expect they'll do it.

BY MR. ELDRIDGE: Okay. And what, if anything, did you do to carefully evaluate their performance?

I talk with them on a regular basis about what they're doing, how they're performing, what's happening inside their departments, but I mean, the evaluation for their performance is usually done with the city administrator.

Between you and the city administrator?

The city administrator and the HR director.

32 (Pages 125 to 128) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 32 of 120 Document 229-6

Page 129 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 And you?

A No. They report back to me on how things are going within the departments.

Q Let's assume for a second that there's no written criteria that PSLC members are required to adhere to when making decisions on liquor licensing matters, okay? Can you accept that assumption for the moment?

A Go ahead and finish your question.

Q Okay. Do you believe that having no criteria when making judgments on liquor licensing matters allows for subjectivity?

MR. COHEN: Objection to form of the question.

THE WITNESS: I stated before I don't know if they have criteria or not, so I don't know -BY MR. ELDRIDGE: Q Let's assume they don't, because they don't.

A I think they'd base their decisions on their facts.

Q Okay. And if there's no criteria that they're supposed to follow it allows for subjectivity, correct?

MR. COHEN: Objection, asked and

Page 131 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

or racial bias, true?

A I don't know if it would or wouldn't.

Q Not something that concerns you?

A Discrimination always concerns me, but I don't know that that would or wouldn't.

Q Do you think subjectivity has an appropriate place in the licensing committee when determining whether or not to revoke someone's livelihood?

MR. COHEN: Objection to form. Go ahead.

THE WITNESS: I think they look at the facts as presented to them.

BY MR. ELDRIDGE: Q Don't you think that instituting a process where they're required to adhere to certain written criteria would create a more equal and even-handed process?

A I don't know.

Q Have you ever thought about that?

A No. Q Any reason why you wouldn't institute criteria in terms of there needs to be a certain amount of events or a certain amount of complaints before a bar is sent to due process?

Page 130 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

Q

answered, form of the question.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: Well, certain people could view facts differently, you'd agree with me?

They may.

All right. And so based upon one individual's perspective of the facts they may come to different conclusions, right?

That's why you have a committee of five.

Okay. And so for example, if you have no criteria, written criteria or guidelines for the public safety and licensing committee members to follow when making determinations on liquor licensing matters issues such as racial bias might come into play. Would you agree?

MR. COHEN: Objection to the form of the question.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: Well, if you have a written criteria, okay, that they're supposed to follow and adhere to when determining whether or not to send a bar to due process or to revoke the license or what have you that should eliminate any subjectivity

Page 132 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

A

Q A Q A

MR. COHEN: As mayor or the city or the committee?

BY MR. ELDRIDGE: Well, you have the power to initiate criteria, do you not?

Anything that's new would have to go through the common council and an ordinance change if we are going to do it at that level.

Well, you had the power to hire Tom -- Tim Tompkins and tell him to institute a -Through council approval.

Okay. So counsel approved that hire.

Correct.

So in theory you could go to council and you could tell council that you want to institute written criteria for how PSLC members handle licensing matters, correct?

You could bring it up, and I believe that would be an ordinance change. It would have to go through the full process.

That would be an ordinance change?

I believe it would.

Did the hiring of Tim Tompkins require an ordinance change?

It was a fulfillment of a position that was a

33 (Pages 129 to 132) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 33 of 120 Document 229-6

Page 133

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 Q A

retiree.

So instituting a training program or a guideline requires an ordinance change?

(Reporter clarification.)

MR. COHEN: Objection, I think you've added to your prior question, but go ahead.

MR. ELDRIDGE: I did.

MR. COHEN: I don't think you were asking him about a training program, you were asking about criteria.

MR. ELDRIDGE: I did add to it.

You're right.

THE WITNESS: There is a process for public safety and licensing right now, if you wanted to make a change to that process I would believe you would likely have to introduce it as an ordinance change.

BY MR. ELDRIDGE: Did use of Exhibit 1016, the Alderman's Handbook, require an ordinance change?

I believe it did.

It did?

It was presented to the council. I don't know if they had to change it. If they had to make the update a change was passed by the council

Page 135 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 Well, that recommendation is moved up to the council and the council makes the final decision.

Q I understand, but the PSLC's job is to come up with the recommendation.

A Correct.

Q And is -- who acts as the prosecutor in the -at the PSLC committee level for liquor licensing matters?

A I don't know.

Q Okay. The due process hearings, have you ever been to one?

A No. Q Do you know what happens at a due process hearing?

A No. Q You don't know whether the parties present their cases or how it's deliberated on?

A I -- I have never sat through an entire due process hearing, nor have I sat through a PS&L committee meeting.

Q And so you're totally unfamiliar with how, what process the PSLC members use to come up with their recommendations?

A Yes.

Page 134 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

Q A Q A

Q

or not, but I believe we introduced this to council, a new proposal.

Do you agree that members of the PSLC should not make judgments until all facts are known?

That's a broad statement. When are all facts known?

Well, what is -- let's delve into what the role of the PSLC is. Obviously they make decisions on liquor licensing matters, right?

MR. COHEN: Recommendations?

MR. ELDRIDGE: Recommendations on liquor licensing matters, thank you.

Right?

Correct.

Okay. And how, typically, are liquor licensing matters brought before the PSLC? I believe they meet every two weeks, so I don't know how often it's liquor licenses specifically versus other licenses, I don't know how many times, but they meet, that they with liquor licenses.

But ultimately isn't the PSLC's job to determine whether or not, for example, a liquor license should be granted, suspended, revoked, things we discussed earlier?

Page 136 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 Do you think it would be appropriate if PSLC members who were ultimately making a recommendation would prejudge the evidence before deliberations?

MR. COHEN: Objection to form of the question. Go ahead and answer if you can.

THE WITNESS: Can you ask that again?

BY MR. ELDRIDGE: Q Yeah. Do you believe it would be appropriate -- well, let me go backwards.

The five person PSLC committee makes recommendations, as we discussed, on liquor licensing matters like granting, revocation, suspension, nonrenewal, correct?

A They do.

Q Okay. And they do that based upon, at least in theory, based upon the facts and circumstances presented to them?

A I would imagine that's how they make their decision.

Q And those facts and circumstances, to your understanding, are presented to them either by way of hearing from the bar owner, hearing from police officers, hearing from citizens, right?

A I would imagine.

34 (Pages 133 to 136) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 34 of 120 Document 229-6

Page 137 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 Okay. And do you believe that as the essential jury or judge in coming up with the recommendation for the common council that PSLC committee members should wait until they hear all evidence concerning a particular bar before they decide what the recommendation will be?

MR. COHEN: Objection to the form.

Go ahead and answer.

THE WITNESS: I would assume that they are going to make their decision based on the information that they get, but to assume that the council members are not hearing from the public on these issues I think is -- is inaccurate. They're hearing on a regular basis from the public on what's going on.

BY MR. ELDRIDGE: Q So as a matter of fact do you know that members of the public safety and licensing committee have already made decisions up about how they're going to vote on particular matters before it's called to a vote?

MR. COHEN: Objection to form. Go ahead and answer.

THE WITNESS: I don't know that.

BY MR. ELDRIDGE:

Page 139 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

Q

A

Q A

ahead.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: It's possible. If they did would it be appropriate?

I don't know.

Okay. If members of the public safety and licensing committee were actively targeting to shut down Park 6 before it came to due process is that an appropriate function of their authority?

MR. COHEN: Objection to the form of the question, vague.

THE WITNESS: I don't have control over the council members and their actions.

BY MR. ELDRIDGE: You do, though, because you're the mayor, right? I mean, the buck stops with you and you have veto power too.

They're individual legislators within individual districts representing their districts. I don't have control over them.

So you don't -- you don't take any accountability for their conduct?

I take accountability for my conduct, and I try

Page 138 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

Do you believe that to be true?

No. Do you know who Alderman Kaplan was?

I know who Alderman Kaplan is.

Is. Apologize.

MR. COHEN: He's alive.

BY MR. ELDRIDGE: Q Alderman Kaplan had a campaign to shut Viper's down, you're aware of that, right?

MR. COHEN: Objection, misstates the record, no facts in the record to support that.

THE WITNESS: I'm not familiar with that.

BY MR. ELDRIDGE: Q Several members of the public safety and licensing committee actively pursued shutting down Park 6 before they voted, true?

MR. COHEN: Objection to the form of the question.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: Q Members of the public safety and licensing committee actively pursued shutting Keith Fair's bar down before it closed, right?

MR. COHEN: Same objection. Go

Page 140 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

Q

to do the best I can with the people that work for me. I cannot control 15 aldermen, just as if the President cannot control 435 members of the -- of the Congress.

Well, we could agree on that. But if the public safety and licensing committee revoked a bar's liquor license on the basis of race and that would then -- or I'm sorry, let me withdraw the question.

If the PSLC revoked or recommended revocation of a bar's liquor license on the basis of race that would come before the common council, correct?

MR. COHEN: Objection to the form of the question.

THE WITNESS: They wouldn't recommend it.

BY MR. ELDRIDGE: Pardon me?

Go ahead first, Michael.

MR. COHEN: Revocation on the basis of the race would come before the common council?

BY MR. ELDRIDGE: Well, let me go ahead in a different way. If

35 (Pages 137 to 140) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 35 of 120 Document 229-6

Page 141 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

Q

the PSLC recommended revocation of a liquor license that would come before common council, correct?

It would.

And if you perceive that it was discriminatory or on the basis of race what would you do?

MR. COHEN: If he -- object to the form of the question.

BY MR. ELDRIDGE: If you -- if you perceived, I'm sorry, if you perceived that it was discriminatory on the basis of race what would you do?

MR. COHEN: Same objection, form.

THE WITNESS: The council votes on that proposal.

BY MR. ELDRIDGE: Would you exercise your veto power if you believed that decision was being made on the basis of race?

MR. COHEN: Objection to the form of the question. Go ahead and answer.

THE WITNESS: I would have to look at it and discuss it with my staff.

BY MR. ELDRIDGE: Great. Do you believe that members of the PSLC

Page 143 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 Q A Q A Q

THE WITNESS: As I stated earlier, I'm not overly familiar with the entire process from public safety, but usually the only way that you get to due process is something has triggered it, an event or something has triggered it, so I -- I guess I don't know how to answer that question.

BY MR. ELDRIDGE: Do you think that it would be appropriate for PSLC members to actively campaign for certain bars to be brought to a due process hearing?

MR. COHEN: Objection to the form of the question. You've already -THE WITNESS: I don't know that.

MR. COHEN: Asked and answered.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: You don't know?

I don't know.

Are you familiar with Bar 525?

If that's the bar on Wisconsin Avenue then I believe that's the one.

Do you know who Scott Arndt is, A-R-N-D-T? I do not.

What events would trigger PSLC referrals to due

Page 142 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 Q

Q

should target bars for prosecution?

MR. COHEN: Objection to the form of the question. Go ahead and answer.

THE WITNESS: Repeat your question?

BY MR. ELDRIDGE: Do you believe that members of the PSLC should target bars for prosecution?

MR. COHEN: Objection, vague, form of the question.

THE WITNESS: I don't know that they have that authority.

BY MR. ELDRIDGE: I would agree.

You're saying target a bar?

Yeah. Well, the prosecution I'm referring to at the form -- in the form of the PSLC committee level would be due process.

MR. COHEN: Objection to the form of the question.

BY MR. ELDRIDGE: So do you believe it's appropriate for PSLC members to target bars to bring them to due process?

MR. COHEN: Objection to the form of the question.

Page 144 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

process?

MR. COHEN: Objection to foundation.

THE WITNESS: I'm not sure.

BY MR. ELDRIDGE: You said before, just to go back and create some foundation, you said before that your understanding was there would need to be some sort of event to trigger the due process.

I don't know what those events are.

What do you think they should be?

I don't know.

You have no opinion?

No. Okay. Do you think that persistent drug arrests in a particular bar should trigger a due process hearing?

MR. COHEN: Objection to form. Go ahead.

THE WITNESS: Like I said earlier, I don't know what the events are that trigger the due process hearing. I'm not familiar with that.

BY MR. ELDRIDGE: Do you think that multiple shootings in a bar should trigger a due process hearing?

36 (Pages 141 to 144) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 36 of 120 Document 229-6

Page 145 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

Q

MR. COHEN: Objection, vague, foundation.

THE WITNESS: I don't know what items trigger a due process hearing.

BY MR. ELDRIDGE: I mean, one of the agenda for the public safety and licensing committee, one of the concerns they obviously have is safety, right?

I don't know what events trigger a public, a due process hearing for PS&L. Is safety a concern for the public safety and licensing committee, public safety?

Yes. Okay. And so if there's a bar that has multiple shootings, gun violence, fights, injuries over the course of several years shouldn't that trigger a due process hearing?

MR. COHEN: Objection, foundation, form of the question.

THE WITNESS: I don't know, because like I said again, I don't know what triggers the due process hearing for PS&L.

BY MR. ELDRIDGE: Well, do you know for Park 6 what triggers it, right?

Page 147 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 A Q

A Q

that Park 6 be shut down?")

MR. COHEN: Same objection. I don't think there's any evidence that he did.

THE WITNESS: Can you show me evidence where I actually said that?

BY MR. ELDRIDGE: Did you want Park 6 shut down?

Can you show me the evidence where I said that?

I don't need to. I'm asking you a question.

Did you want Park 6 shut down? Yes or no?

We had a lot of problems with Park 6.

Did you want Park 6 shut down? Yes or no?

That's up to the PSC. Did you want Park 6 shut down?

It's irrelevant. It's up to the PSC and the counsel.

Is might be irrelevant to you, but it's not irrelevant to me, nor is it irrelevant to this case. Did you want Park 6 shut down?

It's up to the PSC and the council.

I understand that, ultimately that's their decision and you're on the council, so you could potentially vote on the issue. My question is did you as the mayor want Park 6 shut down?

Page 146 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 No. Q Well, why were you trying to get Park 6 thrown out?

MR. COHEN: Objection, misstates the record, assumes facts not in evidence, "thrown out," vague.

THE WITNESS: I don't understand your question.

BY MR. ELDRIDGE: Q Well, why were you trying to get Park 6 shut down, on what basis? Because you don't know what the basis is to bring someone to due process. You've told us that several times now.

A Uh-huh.

Q So how could you suggest that Park 6 be shut down?

MR. COHEN: Objection, misstates the record, assumes facts not in evidence.

THE WITNESS: What's your question?

Can you read it back, please?

MR. ELDRIDGE: Can you read it back, please?

(The following portion of the record was read: "QUESTION: So how could you suggest

Page 148 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 It's not my determination. It's up to the council and the PSC. Q I understand it's not your determination.

Like, you know, I want to be able to drive 80 miles on the highway, but that's up to the legislature to determine whether or not I'm given that right. I'm asking you -A You mean 80 miles per hour.

Q Yeah, thank you.

A Yeah.

Q I'm asking you, irrespective of whose ultimate decision it was whether or not to shut down Park 6 did you want them shut down?

MR. COHEN: Did he form that conclusion at some point? Is that what you're asking him?

MR. ELDRIDGE: I think the question is very, very simple.

MR. COHEN: Well, he's told you he doesn't make the determination.

MR. ELDRIDGE: I know. Oh, I know that.

MR. COHEN: The question is did he form a conclusion in his mind, I think is your question.

37 (Pages 145 to 148) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 37 of 120 Document 229-6

Page 149 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

Q A Q

THE WITNESS: Whether I want Park 6 shut down or not is irrelevant. The PSC and the council would determine that.

BY MR. ELDRIDGE: That's -- that's not my question. Michael, I don't appreciate the speaking objection.

MR. COHEN: Well, it is if that's his answer.

MR. ELDRIDGE: No, no, no, no, no, no.

MR. COHEN: Objection to the form, asked and answered. Move on.

BY MR. ELDRIDGE: Mayor Dickert, did you, did you personally want Park 6 shut down? Yes or no?

MR. COHEN: Same objections.

THE WITNESS: It's irrelevant.

BY MR. ELDRIDGE: It's not irrelevant. It's actually very relevant. Did you want Park 6 shut down?

Like I said, it's irrelevant and I don't have that authority.

I understand that you don't have that authority. I get it. Although I get that, I do think that's arguable. My question is what

Page 151

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

want to answer.

MR. COHEN: And I've stated my objection. You said it's speaking, but he's told you why he's given an answer the way he's given an answer, so if you don't like it, too bad. Move on.

MR. ELDRIDGE: It's not that I don't like it.

MR. COHEN: You don't, because you've asked the same question over and over and he's given you an answer.

MR. ELDRIDGE: Because he hasn't given an answer. He is -MR. COHEN: He has.

MR. ELDRIDGE: -- being evasive intentionally.

MR. COHEN: You know what, take it to the court. Move on.

MR. ELDRIDGE: I'm sick of this, though. Why, so you guys can come up with a better answer than "I've already answered it"?

MR. COHEN: It wasn't his position to do that.

MR. ELDRIDGE: I totally -- whether it was his authority or not I'm asking him what

Page 150 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

you wanted, okay?

MR. COHEN: Asked and answered.

MR. ELDRIDGE: I know, but there's no way that an intelligent man like the mayor doesn't understand this question.

Irrespective of whose authority or decision it was to whether to shut down Park 6 did you want that bar shut down?

Like I said, it's irrelevant whether I wanted it shut down or not. It's the PSL and the council's decision.

But relevance is a question for the judge to determine, so I'm asking you what was your feeling? Did you want them shut down?

I've answered your question.

So you're refusing to answer that question?

No, I answered it.

No, you didn't.

MR. COHEN: Move on. You're wasting time.

MR. ELDRIDGE: It's not a waste of time. I don't appreciate witnesses who refuse to answer questions -MR. COHEN: He did.

MR. ELDRIDGE: -- that they don't

Page 152 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

he wanted. This is at the heart of this case and the mayor knows what he wanted and he just won't it say it on the record. This is a political answer.

Q What's the answer?

A I've given you my answer.

Q Come one. Let's take a break. I need to cool off.

THE VIDEOGRAPHER: Okay. We're going off the record at 12:09 p.m.

(Lunch break was taken.)

THE VIDEOGRAPHER: We're back on the record, 12:56 p.m.

BY MR. ELDRIDGE: Q All right. We just took a lunch break, Mr. Dickert, I assume you're ready to continue with your deposition?

A Yes. Q I'm going to mark as the next exhibit a series of meeting minutes from the public safety and licensing committee and a copy to the mayor and to counsel, and that's Exhibit 1017, for the record.

(Exhibit No. 1017 marked for identification.)

BY MR. ELDRIDGE:

38 (Pages 149 to 152) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 38 of 120 Document 229-6

Page 153 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 Mayor Dickert, I know you said that you don't think that you receive PSLC meeting minutes, but does the form of this document look familiar to you?

A It just looks like a meeting minutes.

Q Kind of looks like the common council meeting minutes?

A Well, it's the public safety and licensing committee meeting minutes.

Q Well, the form is similar. You recognize -A The form is similar, correct.

Q These are meeting minutes from Monday, September 23, 2013. Do you see that?

A Yes. Q Okay. If you turn to the second page in the minutes, and specifically line entry 13-9358, do you see where I'm at?

A Okay.

Q And you'll see that this was a direct referral request to the committee for the appearance of the agent for Bar 525 due to recent incidents at the establishment. Do you see that?

A Okay.

Q And you see that Scott Arndt, A-R-N-D-T, owner of Bar 525 appeared before the committee.

Page 155 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

MR. COHEN: Vague, overly broad.

THE WITNESS: I have no idea.

BY MR. ELDRIDGE: Why do you think this is an appropriate subject matter for a discussion at the public safety and licensing committee or do you?

I don't know.

Do you think it's an appropriate consideration for the public safety and licensing committee to consider what type of music a bar is playing?

I don't know if they do or they don't.

Okay. Well, if they do do you think that's an appropriate consideration?

I don't know what the problems are with 525 from the beginning.

Irrespective of what the problems are do you think it's appropriate consideration for the public safety and licensing committee to consider what type of music is played at a bar?

MR. COHEN: Objection, asked and answered.

THE WITNESS: I don't know.

BY MR. ELDRIDGE: Okay. Ken Lumpkin, you know who Ken Lumpkin

Page 154 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 Okay.

Q And you see as part of Scott Arndt's discussion in front of the committee he said that they, presumably meaning 525, have changed their entertainment style to include more top 40 music when they have a DJ, which has changed the clientele. What does that mean to you?

A I have no idea.

Q You don't draw anything from that?

A No. Q You don't think that's racial coding for removing minorities?

MR. COHEN: Objection to the form of the question. You're also asking him to speculate as to what someone else meant by what is reported to have been said.

THE WITNESS: I don't know what their entertainment style was in the first place.

BY MR. ELDRIDGE: Q What do you think about including more top 40 music would change the clientele at a bar?

MR. COHEN: Objection, form of the question.

BY MR. ELDRIDGE: Q No idea?

Page 156 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

is, right?

I do.

You didn't read his deposition, have you?

I don't believe I did.

Okay. Ken Lumpkin testified that when he was in attendance at several PSLC meetings his observation was that committee members frequently asked whether the bars were going to play hip-hop music or not. If that's true do you think that's an appropriate inquiry by members of the PSLC? MR. COHEN: Object to the form of the question and also misstates his testimony.

Subject to that you can answer.

THE WITNESS: I don't know why Ken Lumpkin would make that comment, and I don't know what relevance it has.

BY MR. ELDRIDGE: Q Right. Exactly.

A He's not a member of the city council.

Q No, no. Just assuming that Ken Lumpkin testified that when he was in attendance at the PSLC meetings he observed various committee meetings on several occasions inquire about whether or not bar owners were going to play A Q A Q

39 (Pages 153 to 156) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 39 of 120 Document 229-6

Page 157 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

hip-hop in their establishments do you think that that's a relevant and appropriate inquiry by the public safety and licensing committee?

MR. COHEN: Objection to the form of the question, may also misstate his testimony.

Go ahead and answer.

THE WITNESS: I think that's Ken Lumpkin's opinion.

BY MR. ELDRIDGE: Q He's not voicing an opinion on it. Let's just assume, leave Ken Lumpkin out of it, let's assume that committee members have repeatedly asked bar owners whether or not they are going to play hip-hop music in their establishments.

Do you think that that's an appropriate inquiry for a public safety and licensing committee member to make?

MR. COHEN: Objection, assumes facts not in evidence. Go ahead and answer if you can subject to the objection.

THE WITNESS: I mean, I don't know that they can. I don't know that the PS&L does that. I -- I don't know.

BY MR. ELDRIDGE: Q Assume they do. Is it appropriate?

Page 159 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

dated December 9, 2013, and incidentally the last meeting minute where Bar 525 was called before the PSLC was on September 23, 2013. To give you some reference this is about two and a half months later.

Flip to page 3, please, and Matter No. 13-9608. Do you see where I'm referring to?

(No response.)

Do you see the entry?

9608?

Yeah.

Yes. And you see two sentences down, or actually, the subject matter, Bar 525 was again called before the public safety and licensing committee due to recent incidents at the establishment. Do you see what I'm referring to?

Yes. And Mr. Arndt, again, appears before the licensing committee, and among other things, he tells the licensing committee that he no longer has DJs which results in a more diverse crowd.

Why is it appropriate for the public safety and licensing committee to consider the diversity

Page 158 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 I'm not going to make that assumption because I don't know if they do or they don't.

Q Well, assume that they do. It's a hypothetical. I can ask you a hypothetical question. So hypothetically speaking if the public safety and licensing committee members were to repeatedly inquire of bar owners whether or not they were going to play hip-hop music is that appropriate?

MR. COHEN: Objection to the form of the question.

THE WITNESS: I don't know, because I don't know the context of the issues with the bar. I have no idea.

BY MR. ELDRIDGE: Q Would it ever be appropriate?

A I don't know if that's something that the PS&L looks at.

Q Do you think -- do you think hip-hop music correlates to problems in bars?

A I don't know.

(Exhibit No. 1018 marked for identification.)

BY MR. ELDRIDGE: Q Exhibit 1018 is another set of meeting minutes, handing them to the witness and to counsel,

Page 160 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

of crowds when hearing liquor licensing matters?

MR. COHEN: Objection, assumes facts not in evidence. This is reporting what he reportedly said, not what they were considering. Foundation also. He hasn't been to any of these hearings, he hasn't seen any of these reports, he doesn't sit on any committees, so what's the purpose of this, other than wasting his time? Go ahead and answer if you can. Subject -THE WITNESS: This is what Mr. Arndt said, not the committee.

BY MR. ELDRIDGE: Q Okay. And would this, in your opinion, be a relevant consideration for the committee in terms of whether or not DJs results in a more diverse crowd?

MR. COHEN: Objection -THE WITNESS: I have no idea.

MR. COHEN: -- to the form of the question.

BY MR. ELDRIDGE: Q Well, if you were a committee member and called upon to vote on this issue is that something

40 (Pages 157 to 160) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 40 of 120 Document 229-6

Page 161 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

you would consider?

MR. COHEN: Objection, foundation, incompetent hypothetical. He's never been a committee member.

THE WITNESS: I don't know, because I don't know the facts involved in this case.

BY MR. ELDRIDGE: Q Well, if you -- if the issue was presented to you at the common council level and you heard evidence that a bar owner had changed or no longer had DJs which results in a more diverse crowd would that have any significance to you?

MR. COHEN: Objection to the form.

THE WITNESS: Whatever Mr. Arndt wants to do as an owner is his call and that's how he's related it here. I don't know all the facts behind this case.

BY MR. ELDRIDGE: Q You would agree that public safety and licensing committee members should not consider the diversity in bars when determining liquor licensing matters, true?

(Reporter clarification.)

THE WITNESS: I don't know what the committee members determine when they're

Page 163 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 I can't say. I've never seen that happen in, so...

Q So you can't say if you would have a problem with it because you've never seen it happen, is that what you're telling us?

MR. COHEN: Objection.

THE WITNESS: I said that I don't know because I've never seen it happen on the committee.

(Exhibit No. 1019 marked for identification.)

BY MR. ELDRIDGE: Q Okay. I'm going to hand you Exhibit 1019, sir, Mr. Cohen. It's the meeting minutes from January 14, 2014, correct, for the public safety and licensing committee, am I correct?

A Correct.

Q If you flip to the second page, bottom, 13-9673, it, again, involves Bar 525. Do you see what I'm referring to?

A Uh-huh.

Q Yes? A It's 9676.

Q Okay. And Mr. Arndt again appears before the public safety and licensing committee, correct?

A Uh-huh.

Page 162 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

Q

A Q A Q

looking at the license outside of the issues presented before them on each case.

BY MR. ELDRIDGE: But you would agree that diversity shouldn't enter the equation, correct?

I don't know, because I haven't sat in on any of these committee meetings.

So should race enter the equation?

I don't know, because I haven't sat on any of these committee meetings.

Okay. So maybe it would be okay if race did enter into the equation.

MR. COHEN: Objection, misstates his testimony.

BY MR. ELDRIDGE: Would you have a problem sitting as mayor of the City of Racine on one of your three standing committees if members of the committee allowed race and diversity to enter the equation when they're deciding liquor licensing matters, yes or no?

I don't know that I've ever seen that happen.

Would you have a problem with that if it did?

I don't know that I've ever seen that happen.

If it did would you have a problem with that?

Page 164 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 Is that a yes?

A Yes. Sorry.

Q On the fourth sentence beginning at the very bottom of page 2 Mr. Arndt explained to the committee that he has new procedures in place for crowd control that include barricades with chains to keep people closer to the building if they go out to smoke. Staff also counts and frisk patrons and he has also blocked rap music from his jukebox. Do you see what I'm referring to?

A I see that sentence.

Q Alderman Kaprelian-Becker, do you know who she is?

A Kaprelian-Becker, yes, a former alderman.

Q It's a female?

A She, yes.

Q And you appointed her to the PSLC? A I would assume so.

Q Well, it would have to be, right?

A Yeah.

Q Ms. Kaprelian-Becker, after hearing Mr. Arndt's discussions of different procedures he has in place, including that he blocked rap music from his jukebox, acknowledged the new procedures as

41 (Pages 161 to 164) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 41 of 120 Document 229-6

Page 165 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 "positive step." Do you see what I'm referring to there?

What you're referring to that's written?

MR. COHEN: Asking if it -- if that's what it says?

BY MR. ELDRIDGE: Yeah.

That's what it says.

Okay. Now, do you have a problem with a city alderperson who you appointed to this very committee viewing the blockage of rap music from a jukebox as being a positive step?

MR. COHEN: Objection. That misstates the record.

THE WITNESS: Considering the fact that there were four or five things it looks like Mr. Arndt had done I think it's a stretch to say that that was the only step that she was interested in.

BY MR. ELDRIDGE: Okay. I didn't say it was the only step. But do you view her endorsement of Mr. Arndt's decision to block rap music from his jukebox as an appropriate step?

MR. COHEN: Assumes facts not in

Page 167 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

BY MR. ELDRIDGE: Q Okay. Well, I thought that there might have been a misunderstanding. And then Alderman Kaprelian-Becker, who you appointed to this very committee, acknowledged Mr. Arndt's new procedures, one of which is blocking rap music from his jukebox as a positive step, true?

A That's one of them.

Q Okay. Isn't that racist for a city alderman to endorse a bar owner blocking rap music from their jukebox and calling that a positive step?

MR. COHEN: Objection, form of the question, also assumes facts not in evidence as to what she was intending or what she was referring to as reported.

THE WITNESS: Once again, I'll state that I don't know what the alderman was thinking, I don't know what the circumstances were regarding this case, and I don't know if that is specific to that issue. It sounds like it was the owner's decision as to what he was going to do.

BY MR. ELDRIDGE: Q Right, I agree, it was the owner's decision, but the city endorsed it.

Page 166 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

Q

A Q A Q

evidence.

BY MR. ELDRIDGE: As a positive step.

MR. COHEN: Same objection, misstates the record. You're also asking him to speculate as to what Ms. Kaprelian-Becker may have meant by her comment as quoted.

BY MR. ELDRIDGE: I mean, we can all read the sentence. It's English.

MR. COHEN: Also doesn't identify which procedures she's talking about, so...

MR. ELDRIDGE: Says his new ones.

Let me break it down for you in case we don't understand it. Mr. Arndt's says he has new procedures, right? This is at the top of 30.

Do you see that?

Uh-huh.

Yes? Yes. Among the new procedures he lists is that he's blocked rap music from jukebox, correct?

MR. COHEN: I think we went over that.

THE WITNESS: That's what it states.

Page 168 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

Q A

Q

MR. COHEN: Objection, misstates the testimony.

BY MR. ELDRIDGE: Well, I mean, how is blocking rap music from a jukebox a positive step?

I don't know.

MR. COHEN: Objection, calls for speculation.

BY MR. ELDRIDGE: If the government interpreted blocking rap music from the jukebox as being a positive step isn't that inappropriate?

MR. COHEN: Objection, form of the question, incomplete hypothetical, no foundation.

THE WITNESS: I think you're making a stretch considering what it states here.

BY MR. ELDRIDGE: What stretch is that?

You're pulling out one issue. The other issue was the concern that they had with people getting out in the streets, because they put out barricades to make sure people weren't getting out into the streets.

Okay. So you could -- let's go through that.

42 (Pages 165 to 168) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 42 of 120 Document 229-6

Page 169 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 A

So one of the things that he raised was his new procedures in place for crowd control with barricades and chains to keep people closer to the building if they go out to smoke, right?

Do you see that?

(Nodding.)

And you could see why that would be a positive step, right?

I don't know if it was a positive step, because I don't know what the concerns with 525 were that the committee was facing.

Well, in this one it was apparently addressed to address crowd control, that's what the barricades were for.

I don't know which ones she's talking about and I'm not going to make that determination.

Do you know Alderman Kaprelian-Becker personally?

I do.

Do you find that she's racist?

Absolutely not.

What ethnicity or what race is she?

I'm not positive.

Is she Caucasian?

I don't know if she's Caucasian, Greek, or

Page 171 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 A Q A Q

Q

it and I took a peek inside and noticed that they were finishing it up, but there was no restaurant.

You ever -- have you ever gone to Place on 6th?

I don't think I was -- I'm trying to think if I was ever in there. I might have stopped in when he first opened just to say congratulations on opening and, you know, good luck. That's probably the extent of it.

Have you ever been to Henry and Wanda's?

Yes. Have you ever been there at night?

At Henry and Wanda's?

Yeah.

Yes. Was Henry and Wanda's close to Park 6 and Place on 6th?

It was.

Okay. When you were at Henry and Wanda's did you notice anything concerning about the neighborhood?

MR. COHEN: Objection, vague.

THE WITNESS: What does that mean?

BY MR. ELDRIDGE: When you were in Henry and Wanda's or walking

Page 170 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

Armenian. I believe she may be Armenian.

Q Did you ever see these minutes before, Exhibit 1019?

A No, I have not, not until today.

Q Are you familiar with Kenny's on Main?

A I know where it is.

Q Have you ever been there?

A I don't believe I've ever been in it.

Q Have you ever been to Park 6?

A I have been in it before it was Park 6. When it was Park 6 I think I stopped in momentarily to take a look at the work that they'd done in it, but I don't know that I was ever in it when it was running.

Q Okay. So when you went in it it was just to kind of survey the, what was it, the remodeling?

A Well, they were -- they, I believe, initially that they had come to the planning commission to do a full restaurant and bar, and when I went through it there was no restaurant.

Q Okay. Why did you go through it?

A They had said that they were finished with their work, and I walked 6th Street almost every day, so I saw that they were working on

Page 172 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 A Q A Q

to and from at night when you went to the bar over there on 6th Street did you notice anything concerning about the neighborhood?

MR. COHEN: Same objection.

THE WITNESS: The only concern I had was when we came out, my wife and I came out of going to Henry and Wanda's and listening to some jazz and blues, there was a very large crowd of people that was already in the street, blocking the street and fighting in the street.

BY MR. ELDRIDGE: And when was this?

I don't remember the exact date.

Do you remember the year?

No. Did you report it to anybody?

I called the police and let them know what was going on, but I believe they were pulling up as we were leaving.

And what were the -- what -- how many people, approximately?

50 or 60.

Any particular race?

I didn't really pay much attention.

You didn't notice the race?

43 (Pages 169 to 172) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 43 of 120 Document 229-6

Page 173 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 I tend not to.

Q Were there police on scene?

A They were coming, as I said, I think just as we were leaving, but I had called and said that there was a disturbance. I was concerned that the cars coming down 6th Street would hit someone.

Q Do you know what bar those people came from?

A No. Q It might have been Henry and Wanda's.

A If they were the likelihood is I would have seen them because I was in the bar.

Q Well, you couldn't even tell me what color they were.

A No. We were sitting there listening to jazz and blues. If people would have exited the bar in that volume I think we would have probably known it.

Q Some of them might have been from Henry and Wanda's.

A They might have been.

Q Instigators might have been from Henry and Wanda's, right?

A I don't know.

Q You ever been to Ivanhoe's?

Page 175 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

Wanda's typically like?

MR. COHEN: When he's there?

BY MR. ELDRIDGE: Q Yeah. Thank you. That you observe, if you observe. Maybe -- I think you said earlier you don't observe race.

A I would probably say on average it was -- I can only guesstimate, probably 50/50.

Q 50/50 what?

A Caucasian, minority, but we go there a lot.

I'm not -- not sure what's what. I really don't look.

Q Do you know Kenneth Meyer, the owner of Kenny's?

A No. (Exhibit No. 1020 marked for identification.)

BY MR. ELDRIDGE: Q I'm going to hand you Exhibit 1020. For the record these are public safety and licensing committee meeting minutes from September 12, 2011; is that right?

A Yes. Q Turn to page 5. The last item down is 11-6831.

Do you see what I'm referring to?

A Yes.

Page 174 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

Q A Q A Q

Yes. You ever been to Carriage House?

Yes. You ever been to Envi?

Yes. You ever been to Hiram?

What's that?

MR. COHEN: Hiram.

BY MR. ELDRIDGE: Hiram, sorry.

No. MR. COHEN: 'S place.

THE WITNESS: No.

BY MR. ELDRIDGE: You ever been to Joey's?

MR. COHEN: Which one?

BY MR. ELDRIDGE: All three.

I've been to the one on 6th and the one on Lathrop.

Is there a particular bar that you go to more than other?

We -- my wife and I mostly go to Henry and Wanda's for jazz and blues.

What's the racial demographic at Henry and

Page 176 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 And this is a direct referral request to the committee for the agent for Kenny's on Main to appear due to incidents at their establishment on two dates in August of 2011, correct?

A Yup. Q Yes? A Yes. Q Okay. Have you seen these meeting minutes before, to your recollection?

A No. Q All right. So Mr. Meyer, in response to being called before the public safety and licensing committee, tells the members that you appointed to that committee that as of August 15, which was after the most recent incident, he's implemented certain policies which are posted at his entrance and on his website, and those policies, the first one is that everyone under 30 has their ID checked. Do you see that?

A Uh-huh.

Q Seems like a reasonable policy, right?

A I don't know. You'd have to ask him.

Q All male patrons are scanned for metals is the next policy. Do you see that?

A I do.

44 (Pages 173 to 176) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 44 of 120 Document 229-6

Page 177 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 The next policy is that rap and R&B have been removed from the jukebox. Do you see that?

A I do.

Q Would that policy disproportionately affect minorities?

MR. COHEN: Objection.

THE WITNESS: I have no idea.

BY MR. ELDRIDGE: Q Do you think it's an appropriate consideration that members of the public safety and licensing committee?

A I don't know, because I don't know the extent of why it's called in.

Q You don't know the extent of why it's called in?

A No. Q I'll tell you what the incidents were. Would it ever be an appropriate consideration for members of the public safety and licensing committee?

A I don't know. I don't know what they're dealing with.

Q Well, on August 6 these are the two issues he was called in for. There was a fight in the bar with beer bottles thrown, it spilled out

Page 179 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

him to continue in this direction."

Do you think that the removal of rap and R&B from a jukebox is worthy of compliment and worthy of encouraging someone to continue in that direction?

MR. COHEN: Objection, misstates the record, also assumes facts not in evidence and causes him to speculate as to what's being referred to.

BY MR. ELDRIDGE: Q Sir -MR. COHEN: And lack of foundation.

THE WITNESS: I don't know. That's what the owner offered up.

BY MR. ELDRIDGE: Q Okay. Well, here we go. Let's see, let's go through them all. In addition to the first two changes we identified Mr. Meyer says he's eliminated rap and R&B music from the jukebox, he is now prohibiting hats, do-rags, and bandanas, he's prohibiting white T-shirts and tanks, he's prohibiting baggy pants, and he's prohibiting long gold chains, and the members of your committee, who you, as mayor of the City of Racine appointed, complimented him on

Page 178 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

into the street, people were taken into custody at taser point, eight officers were on scene and took 3.5 hours. Seven days later a bouncer hit a patron over the head with a flashlight causing a brain bleed, a closed head injury, and requiring hospitalization.

Those are the two incidents that he's called in for. Do you think an appropriate measure to take in response to those two incidents is to eliminate rap and R&B from the jukebox?

MR. COHEN: You're asking him to speculate as to why Mr. Meyer reportedly said these things?

MR. ELDRIDGE: Well, they're in the meeting minutes, so I think we have to take them at face value, but other than that, yes.

MR. COHEN: Well, I don't want him speculating. Objection, calls for speculation, foundation.

BY MR. ELDRIDGE: Q Well, let me skip to the bottom. Second -- or third sentence from the bottom says, "The public safety and licensing members complimented him on his changes and encouraged

Page 180 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

those changes and encouraged him to continue in that direction.

MR. COHEN: Same objections, misstates the record.

BY MR. ELDRIDGE: Q How is that proper?

MR. COHEN: Assumes facts not in evidence and calls for speculation and foundation and you're arguing with him now.

MR. ELDRIDGE: Sorry.

MR. COHEN: You know, why don't you ask him something he knows something about.

He's not on this committee, he's never -MR. ELDRIDGE: He's the mayor of the city.

MR. COHEN: But he doesn't know everything that goes on. You know that.

You're wasting the man's time. He's a busy man.

MR. ELDRIDGE: Oh, I'm sure.

MR. COHEN: He is.

MR. ELDRIDGE: So am I. MR. COHEN: Well, then move on.

MR. ELDRIDGE: I'm not.

MR. COHEN: You're wasting time.

45 (Pages 177 to 180) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 45 of 120 Document 229-6

Page 181

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

MR. ELDRIDGE: It's not a waste of time.

MR. COHEN: He knows nothing about this.

MR. ELDRIDGE: Well, maybe he should know something about this. If his committee members are acting blatantly racist on their committees and revoking people's licenses because of their conduct maybe it's something the mayor should know about.

MR. COHEN: You know, maybe you're the expert in the case now. We should swear you in and I'll take your deposition.

MR. ELDRIDGE: More than likely.

You're engaging me, I don't need to engage in a dialog. I'm going to ask my questions.

MR. COHEN: You're wasting time.

MR. ELDRIDGE: It's not a waste of time.

MR. COHEN: He doesn't know anything about this stuff.

MR. ELDRIDGE: Maybe he should.

MR. COHEN: Well, you know, that's your argument.

MR. ELDRIDGE: Then tell me that he

Page 183 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 Q A Q A Q A Q

foundation.

BY MR. ELDRIDGE: I'm asking if you have a problem with it.

MR. COHEN: Form of the question.

BY MR. ELDRIDGE: You're the mayor of the city.

It doesn't say here that they endorsed.

Well, it says that they complimented him on those changes.

I'm not going to speculate on what the council committee members did at that time.

It says they complimented -I'm not going to speculate on their decision.

You don't have to -They brought it to the common council.

-- because these are coming into evidence, okay?

MR. COHEN: Why don't you ask the members of the PSLC what they meant by what was said. What is -MR. ELDRIDGE: I don't need to because the language is clear.

MR. COHEN: No, it's not. You're taking some piece out of this and then attributing it to another sentence. There's

Page 182 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

doesn't know anything about it.

MR. COHEN: He did. He's told you on every single one of these.

BY MR. ELDRIDGE: Q Okay. But do you have a problem with your committee members behaving this way? That's the question. I accept that you don't know anything about this. I'm happy about it. I think it's -MR. COHEN: Same objections, assumes a number of things from a statement at the end of a paragraph that he has no idea -MR. ELDRIDGE: You're coaching the witness.

MR. COHEN: -- about. Calls for speculation, lack of foundation.

THE WITNESS: I don't know all the facts involved in the case.

BY MR. ELDRIDGE: Q Do you have a problem with your committee members endorsing the elimination of rap and R&B from jukeboxes, no do rags, no baggy pants, and no long gold chains?

MR. COHEN: Objection, assumes facts not in evidence, calls for speculation,

Page 184 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

all sorts of stuff in here. There's security measures, there's -MR. ELDRIDGE: Yeah.

MR. COHEN: -- IDs. MR. ELDRIDGE: Right.

MR. COHEN: There's scanners.

There's other things that he's talking about too and then you're pulling a couple pieces out and saying isn't that what this means and isn't this accurate. Well, he wasn't there, he doesn't know anything about it. Move on.

BY MR. ELDRIDGE: Q Do you think it would be appropriate if your committee members did endorse those prohibitions?

MR. COHEN: Same objection. You know what, you're not answering. Move on. You've asked the same question.

MR. ELDRIDGE: He hasn't answered that one.

MR. COHEN: He has. Move on.

MR. ELDRIDGE: Certify the question, please. Mark it. Certify it, I guess it's not a legal requirement.

MR. COHEN: Do you think that this

46 (Pages 181 to 184) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 46 of 120 Document 229-6

Page 185 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

judge is going to tolerate these kinds of questions where the witness has no knowledge of this?

MR. ELDRIDGE: I don't think the judge is going to tolerate the witness being evasive.

MR. COHEN: Do you know the judge well?

MR. ELDRIDGE: I don't think any federal judge tolerates evasive witnesses.

MR. COHEN: Okay.

MR. ELDRIDGE: But you know better than me.

(Exhibit No. 1021 marked for identification.)

BY MR. ELDRIDGE: Q I'm handing you what's been marked as Exhibit 1021. Have you ever seen this document, sir?

A I don't believe I've ever seen this.

Q Okay. It's a settlement agreement with a bar called the Warning Track. Do you know who Scott Hansen is?

A No. Q All right. Turn to the paragraph 5, which is on page 2. "The licensee voluntarily agrees not to play hip-hop or Mexican faedo,

Page 187 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

BY MR. ELDRIDGE: Q Do you know why?

A I'm sorry, please repeat your question.

Q Why would the city, by and through its city attorney, ratify a restriction or prohibition on hip-hop music and Mexican faedo?

MR. COHEN: Same objections.

BY MR. ELDRIDGE: Q Can you think of any race-neutral reason for that?

A This is a settlement agreement. It's a settlement agreement between -- I would assume that this is a settlement agreement between the owner of the premise and the public safety and licensing committee. He signed the settlement agreement.

Q Okay.

A It is not an individual issue, it's an agreement.

Q Okay. And why would the city be in agreement that this bar could or should not play hip-hop or Mexican faedo music? Can you think of any race-neutral reason?

MR. COHEN: Same objections. Go ahead.

Page 186 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

F-A-E-D-O, music on the jukebox." Do you see what I'm referring to?

Number 5?

Yes, sir.

Yes. First of all, do you know what Mexican faedo is?

No. But you know hip-hop because we talked about that.

Yes. This is signed off by Racine City Attorney Robert Weber? Am I correct?

Yes. Why would the city, by and through its city attorney, ratify a restriction or prohibition on hip-hop or Mexican faedo music? Do you know?

MR. COHEN: Objection to the form of the question. Ratify?

MR. ELDRIDGE: Correct.

MR. COHEN: Calls for speculation, form of the question, misstates the record, assumes facts not evidence, calls for speculation, and lack of foundation.

Page 188 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 A Q A Q A

Q

THE WITNESS: It's a settlement agreement. This is what they agreed to.

BY MR. ELDRIDGE: Why would the city agree to that? Can you think of a race-neutral reason?

It's the agreement that they agreed to. He signed it.

If you don't know you don't know. Do you know why?

I don't know why. I believe the term before that is, "The licensee voluntarily agrees."

Right. It was signed off -Voluntarily.

It was signed off on by the city -Voluntarily.

Signed off on by the city's attorney.

It was a settlement agreement.

When do -- when do bars come to settlement agreements? What precipitates that?

I told you that before, I don't know exactly what is the items that specifically get them to come to before the PS&L, and whatever settlement agreement they agree to that's what they agree to.

And what happens if a bar doesn't come to a

47 (Pages 185 to 188) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 47 of 120 Document 229-6

Page 189 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

settlement agreement?

A I don't know.

Q It gets referred to due process, doesn't it.

MR. COHEN: Objection, misstates the record.

BY MR. ELDRIDGE: Q I mean, if they can't agree to the terms with the prosecuting authority then they go ahead and prosecute, right?

A Well, if that's what the next step is that's what the next step is.

Q What events would cause you to contact a member of the public safety and licensing committee about a bar?

A There's a variety of different things that would cause me to speak to one of the members.

Q Okay. What would those be?

A Issues of consistent complaints from individuals that are in that area, businesses that are in that area, people that live in that area, complaints from organizations that are either working in or assisting in that area, like the DRC, the Uptown Group, the West Racine Group, the Douglas Avenue Group, concerns from the police department regarding police calls of

Page 191 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

about, right?

A No, it would be something I would talk to the police chief about.

Q Okay. Would it cause you also or could it cause you to contact the member of the PSLC? A It may, it may not.

Q Okay. What if there was drug use in a bar, would that cause you to contact a member of the PSLC? A Was it proven drug use -Q Yeah.

A -- and caught by a police officer?

Q Yeah.

A I don't know. Might, might not.

Q What if the owner of the bar was selling drugs out of the bar, would that cause you to contact members of the PSLC? A Might or might not.

Q What if there was repeated fights and violence inside a bar with injuries to patrons, would that cause you to contact the PSLC? A It may or may not.

Q So it's just kind of if you -- what's your criteria for contacting the PSLC? That's what I'm trying to get at. Because you did it with

Page 190 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

incidents. There's a variety of things like that. It's not limited to that, but things like that that would cause me to ask a question of a member of the public safety and licensing committee.

Do you place more, heavier weight in complaints received from citizens or events as reported by the police department, or are they equal to you?

It depends on the event.

Okay. Well, if someone calls you up and says that, you know, there was, hypothetically, you know, ten people smoking outside on the sidewalk, is that less of a concern to you than if there was a shooting in the bar?

If that area is designated to be a smoking area I don't know that there's a concern at all.

Okay. Right. So I'm saying, I mean, there's orders of magnitude in terms of concerns, right?

Correct.

So if someone called you up and or it was brought to your attention that there was a shooting in a bar that's something that you might want to talk to a member of the PSLC

Page 192 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

Thomas Holmes -Well, it --- so I'm trying to figure --- it depends on the --- what's the -- what's the tipping point?

Sorry.

There's no tipping point. I talk to my council members on a regular basis.

Okay. I know, but I mean, what prompts you to talk to them about a particular bar? Because you did with Thomas Holmes, and I'm trying to figure out why you did with Thomas Holmes and you didn't with the other ones.

Thomas Holmes there was repeated and numerous contacts to my office, to me in person, to phone calls from people that live, work, own businesses and that were attending establishments on 6th Street, and it was fairly consistent.

You ever receive calls about Kenny's on Main?

I don't know that I received more than one call on Kenny's on Main.

No one ever told you about the persistent rash of severe incidents in Kenny's on Main?

MR. COHEN: Objection, assumes facts

48 (Pages 189 to 192) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 48 of 120 Document 229-6

Page 193 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 A

Q

not in the record and form of the question. Go ahead.

THE WITNESS: I believe I got one call on it.

BY MR. ELDRIDGE: What about Place on 6th, you get any calls on Place on 6th?

I did receive calls on Place on 6th, yes.

What were the concerns with Place on 6th?

Violence in the streets, fighting, people out past curfew, people blocking the street, things like that, loud noises.

What other bars did you get complaints about?

I got a call where there was a person that hit another person who collapsed outside of an establishment on the -- on the south side.

What bar was that related to?

I think it was Peg and Lou's. And then I got a call on a complaint on a bar that had opened up prior to its getting its occupancy permit at the old Butch's Tap on Douglas Avenue, and I got a call on the American Legion when there was a shooting at the American Legion.

Is the American Legion a white-owned bar or a black-owned bar?

Page 195 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 A Q A Q

No. I wanted to bring more business to Racine.

Which would include the downtown Racine area.

Yes. Okay. You wanted more development?

In the city, yes.

What was the Porters of Racine project?

Porters of Racine started out as a transition from a furniture store to, I think, maybe 14 or 19 apartments with retail on the ground floor.

And where was it?

Downtown.

And you were a supporter of the project.

Yes. As a matter of fact, you gave a news conference announcing the project. Do you recall that?

Yes, we did.

It was in February of 2012, does that seem about right to you?

It's, yeah, that sounds about right.

And during the press conference you gave special thanks to the members of the public safety and licensing committee for, "Working very, very diligently on making sure 6th Street is a great place for people to live, shop, work, and play." Is that fair?

Page 194 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 A Q

I have no idea.

What about Peg and Lou's?

I believe the owner is Caucasian.

And you know Thomas Holmes is African-American?

I do know Thomas Holmes is African-American.

And you know Keith Fair is African-American.

I do.

And I assume that you know that the majority of clientele at their respective bars was African-American.

MR. COHEN: Objection, calls for -THE WITNESS: I wouldn't know that.

MR. COHEN: -- speculation.

BY MR. ELDRIDGE: You don't know that?

I wouldn't know that either way.

Earlier you testified that, I believe, correct me if I'm wrong, but several of your campaigning platforms were having to do with crime, jobs, and opportunity; is that fair?

Housing.

Housing?

Yes. Is it true that you wanted to bring more business to the downtown Racine area?

Page 196 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 If that's what I said.

Q And could you tell us what exactly the members of the public safety and licensing committee did to make sure that 6th Street was a great place for people to live, shop, work, and play?

A There was a program that we had put in place to go after gangs in the City of Racine. We were going -- obviously crime was one of my biggest issues, so we had put a program in place to eradicate the top two levels of gangs. There's basically roughly five levels of a gang, and if you can eradicate the top two levels, which are the highest levels, gangs tend to break up and dissipate. At least that's the national thought when it comes to crime prevention. So we had worked diligently to do that because we had seen some gang activity downtown, and we worked very hard because we had had River Bend Lofts on the one end of downtown and we had worked to make this a very, I guess the arts, more of an arts district, so we worked very hard and were very successful. We're currently at a 50 year low in crime. We have broken up the gang activity extensively in the City of Racine, and they had worked with us hand in

49 (Pages 193 to 196) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 49 of 120 Document 229-6

Page 197 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

hand on that because public safety is the first part of that committee's work.

Q Well, what did -- what is it the public safety and licensing committee do to eliminate gangs?

A Well, we had set up a program with the police department on proactive, active, and then reactive work when it comes to crime enforcement, so we not only do all the proactive side, working with children and doing things like First Choice Pre-Apprenticeship, reading to school kids, things like that, working with other community centers, but then the active side is us going out and aggressively going after gangs and drug dealing in the City of Racine, which we have been incredibly effective with.

The last part of it is dealing with the vocational ministries program, which we not only helped push, but they helped to fund, and we funded the vocational industries program, which was at a tune of about $50,000. That takes people coming out of incarceration, gets them involved in religious teachings as well as social and economic teachings to try to get them back on track to get into a job. They

Page 199 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

their involvement would be, so I know you just explained to me the program and I think articulated a couple of different ways the PSLC would be involved, but if you could explain to me mechanically what they do.

Well, when we introduce our programs and do the budgeting -Uh-huh.

-- they are working hand in hand with the police chiefs, the fire chiefs, and the Police and Fire Commission, so when we start implementing these things they have to be funded. We need their support on those as well as during the budget process to make sure that we're funding these programs and supporting the programs.

So you got votes from the PSLC in terms of, for funding purposes?

We get support, yeah.

Which is voting, right?

Well, it's -- it's support on the committees.

They -- so they know the programs that we're putting into place so that when those programs are introduced to them they're not, you know, not caught off guard or not understanding how

Page 198 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

have about 50 percent of the people that they work with are actually going back to work. We were so successful, thanks to the PS&L's funding and support through the budget that that organization won a national award, I think it was the year after that, and was highlighted as a national, as a national program and now has received an award of $250,000, continuing to expand that work.

They also worked with us on the homelessness program that we had. We had some issues in downtown with homelessness, and we were able to work and extend the activities at HALO, which is our homeless shelter, and our homelessness rate is at about 1 percent now.

We're one of the lowest homeless -homelessness cities in the State of Wisconsin, so we work in tandem with these groups and the committees to make sure that these programs are being funded and that these, when we put these things into place they are running efficiently and effectively. Those things have led to a 50 year low in crime.

Q Thanks. I guess I'm just not clear on what the public safety and licensing committee, what

Page 200 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 A Q A

all of this fits together.

Well, did they do anything actively -Well --- in terms of gang elimination?

Well, members of that committee are actively involved in our urban gardens, which are done within the city around our community centers, they're involved in our community centers, involved in a number of programs that we work on outside of their -- their -- their jobs as a city council member as well, so they've been very responsive.

What -- what gangs are in the City of Racine?

I can't name them all.

And what are the five levels?

Well, your leader, who is the head of the gang itself.

Yeah.

Then you have the people that are basically your subleaders, and if they want to get up to the next level they end up doing it in a very dramatic, negative way. Then you have your group of kids that are trying to move up to another level of leadership, and then you got basically your two starter groups, which are,

50 (Pages 197 to 200) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 50 of 120 Document 229-6

Page 201 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 A Q

they start going after kids in gangs about eight years old.

Yeah.

So what we try to do is you try to, as they call it, you take the top off and then it becomes dysfunctional, there's no real leadership. When there's no real leadership it's -- it's easier for the police to track and try to keep kids out of gangs because there's nothing that's really working very well for them.

So the RPD, Racine Police Department, arrested the leaders of the gangs, right?

Well -That's how you take the head off the snake.

Well, you work with the RPD, you work with homeland security, the FBI, the sheriff's department. It's a coordinated effort by everybody.

I mean, the public safety and licensing committee can't arrest anybody, right?

Correct.

All right. Would -- you understand that Park 6 had been closed by February of 2012 when you gave that statement?

Page 203 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

that -- is it your testimony that that is specifically and exclusively related to their function in eliminating gangs?

MR. COHEN: Misstates his testimony.

He was also talking about -MR. ELDRIDGE: I wasn't clear.

MR. COHEN: -- working with the homeless -THE WITNESS: I just told you that -MR. COHEN: -- program too. I mean, he said a whole bunch of things.

THE WITNESS: Going after crime is no one particular thing.

BY MR. ELDRIDGE: Well, you singled out the licensing committee, which is why I'm trying to figure out why you did that.

I try -- I try to thank people on a regular occasion whenever I can.

I know, but it's not clear to me, because I've read all the minutes, what they would do to eliminate gangs or homelessness.

They work with us on all of those programs and help on the funding side when we're going to budget. All those programs likely are going to

Page 202 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 I don't know when Park 6 was closed.

Q Well, would 6th Street still have been a great place for people to live, shop, work, and play if Park 6 was still open?

A That's speculative, I guess.

Q What do you think?

A I don't know.

Q You don't know? So your -- the meaning behind your statement and your special thanks, because you singled out the public safety and licensing committee, the meaning behind that was related to elimination of gang violence?

A Well, gang violence and all the work that we had done in that area to make sure that we were reducing crime in downtown Racine, uptown, Douglas Avenue.

Q Yeah, I know, and when you used the word "we" -A The City of Racine.

Q The City of Racine, okay. Well, I'm focused on the public safety and licensing committee, because you gave them special thanks, really, for making 6th Street a great place to live, shop, work, and play, and I'm trying to figure out specifically what you mean by that, and is

Page 204 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

be funded by the City of Racine. When they understand the impact of all those and how they relate, just like when we talk to the Police and Fire Commission, people have to understand how the program is all put together. It's no one thing that changes crime.

Right. So why -- why would -- why would you single out the public safety and licensing committee? It seems like if what you were really talking about was the elimination of gangs and homelessness, certainly for gangs you should be singling out the Racine Police Department, I would think.

I do.

Well, you didn't. And what about who's -what's promoted the increase in homelessness?

I guess I'm not-The public safety and license --- understanding why you have a problem with me giving thanks to somebody.

I don't. I just, I'm trying to -- I really don't. I honestly don't have a problem with it. I think it's generous and appropriate, but I'm seriously wondering, because it strikes me as unusual, why you would single out the public

51 (Pages 201 to 204) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 51 of 120 Document 229-6

Page 205 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

safety and licensing committee if the improvements you were speaking of were really truly related to the elimination of gang violence and homelessness.

MR. COHEN: Do you have his full speech?

MR. ELDRIDGE: Yeah, I do. I have the press conference, yeah.

MR. COHEN: The whole speech?

MR. ELDRIDGE: Yeah, I think so.

MR. COHEN: Okay.

THE WITNESS: I probably thanked quite a few people on quite a few occasions on that one.

MR. COHEN: Yeah.

THE WITNESS: My thinking at that time.

MR. COHEN: Your comments assume things that are not in evidence, that's why I asked.

MR. ELDRIDGE: Well, they will be in evidence. They might not be right now.

THE WITNESS: I'm sorry that you feel it was inappropriate for me to thank people.

BY MR. ELDRIDGE:

Page 207 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 Gangs and drugs are not exclusive to minorities.

Q Okay. Well, what percentage of gangs in the City of Racine were Caucasian?

A I don't know.

Q Isn't it true that the two gangs that you spoke of are both minority gangs?

MR. COHEN: I don't think he's identified any gangs.

THE WITNESS: I didn't talk about two gangs.

BY MR. ELDRIDGE: Q I thought that you mentioned two gangs.

MR. COHEN: No. Misstates the -BY MR. ELDRIDGE: Q Do you know any of the gangs in the City of Racine?

A I know of some of them. I couldn't mention them by name. They're usually related to specific areas of the city.

Q And the ones that you know of that were in downtown Racine, how many were there?

A I don't know. Downtown kind of overlapped, from what I remember -Q Okay.

Page 206 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 I don't think it's inappropriate for -A Well -Q -- you to thank people. I don't want you to believe that's what I'm thinking. I'm sincerely just wondering, that's it.

A We all work together to do these things.

Q Was one of your agendas in becoming mayor to clean up downtown Racine?

A Our emphasis was to redevelop, do some more development in Racine and more development in general.

Q Have you ever used the phrase "clean up" when describing your agenda for downtown Racine?

A I don't know if I did or I didn't.

Q Okay. What does cleaning up downtown Racine mean to you?

A At the time there was some issues in downtown with gangs and drugs. I had worked very extensively way before I was mayor on an effort to redevelop 6th Street, and so I think it was really just getting the gang and drug problem that we're dealing with. We were number one per capita in crime when I started.

Q And to eliminate the gang and drug problem in your view means to eliminate the minorities?

Page 208 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 -- to different gangs.

Q Whichever gangs that you're familiar with, how many of those were minority gangs?

A I couldn't tell you.

Q Any of them?

A Yes, some of them were.

Q Were any of them white?

A Yeah.

Q How many were white?

A I don't know.

MR. ELDRIDGE: Let's take a break.

THE VIDEOGRAPHER: This will conclude Disk 2. We're going off the record at 1:52 p.m.

(Short break was taken.)

THE VIDEOGRAPHER: We are back on the record, beginning of Disk No. 3 of the deposition of John Dickert. Today's date July 10, 2015, the time is 2 p.m.

BY MR. ELDRIDGE: Q You ready to proceed with your deposition, Mr. Dickert?

A Yes. Q You asked Eric alderman -- or Eric Marcus to run for alderman, am I correct?

52 (Pages 205 to 208) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 52 of 120 Document 229-6

Page 209 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 I don't know if I ever asked him to run. I think we'd talked about it.

Q Before he decided to put his name in the hat?

A Yeah.

Q And you encouraged him to run?

A I don't know if I encouraged him. We talked about it.

Q Well, what were your discussions?

A If I remember correctly Bob Anderson was the outgoing mayor and he and his wife and Eric were in my office talking about it, and I think the two them were deciding who would run to take Bob's seat, his wife or Eric.

Q Bob Anderson was the outgoing alderman?

A Correct.

Q I think you said mayor, so I just wanted to make sure.

A I'm sorry. Outgoing alderman, and I think the two of them were talking about it as to which one was going to run.

Q Between Eric and who?

A Bob, the outgoing alderman's wife.

Q Ah. And did you voice an opinion in terms of who should run?

A Thought they'd both be good candidates.

Page 211 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 Later when? Did he announce before or after Mr. Marcus announced?

A I don't know.

(Exhibit No. 1022 marked for identification.)

BY MR. ELDRIDGE: Q I'm going to hand you Exhibit 1022.

Mr. Dickert, can you identify the person in this photograph?

A That's Mr. Ghauri.

Q Could you hold it up so the video can take a look at it, please?

A (Witness complies.)

MR. ELDRIDGE: Did you get that?

THE VIDEOGRAPHER: If you can hold it up just a little longer. Okay.

BY MR. ELDRIDGE: Q And it's true, is it not, that you told Eric Marcus that you were concerned that Mr. Ghauri would be a disruptive influence on the council and not adequately represent the district?

A I don't know that I ever said that.

Q You understood that Mr. Ghauri was an African-American activist?

A I knew Mr. Ghauri, yes.

Q And you know him to be an active,

Page 210 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 Did you ever -- do you ever publicly support aldermanic candidates?

A I really try not to.

Q Why? A I just don't know that that's my job. I try to stay out of it, but sometimes I'll provide advice for people if they ask.

Q But in terms of making public statements, do you ever publicly support one or another?

A I don't know that I've ever publicly done it.

Q Have you ever publicly voiced an opinion that an aldermanic candidate should not be elected?

A I don't know if I have or I haven't.

Q At the time you had this meeting with Eric Marcus, Mr. Anderson, I think you said his name was -A Uh-huh.

Q -- and his wife. Did you know who the other aldermanic candidate was?

A I didn't know if there was any other aldermanic candidates.

Q Okay. At some point did you become aware that Jameel Ghauri, G-H-A-U-R-I, was an aldermanic candidate?

A I believe he announced sometime later.

Page 212 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 A Q A Q

African-American activist?

I know him to be an activist.

And he's African-American.

He is African-American.

Okay. And you did not want an African-American activist as an alderman, is that true?

No, that's not true at all.

Who did you support in the election, Mr. Ghauri or Mr. Marcus?

I don't know that I supported either one of them.

You didn't encourage Mr. Marcus to run against Mr. Ghauri?

I'm sure -- I don't know that Mr. Ghauri was running at the time that Mr. Marcus decided to run.

Well, did you tell Mr. Marcus that you did not want Mr. Ghauri on the common council?

I don't know that I ever said that.

You might have?

I don't know that I ever said that.

You're not denying it, you just don't know.

I don't know that I ever said that.

Mr. Marcus, in any event, won his election against Mr. Ghauri, true?

53 (Pages 209 to 212) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 53 of 120 Document 229-6

Page 213 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 Yes. Q And you appointed Mr. Marcus to the PSLC. I think we've been through this, right?

A Correct.

Q And when you appointed Mr. Marcus to the PSLC you told him that you really wanted him on the committee and you said that you've got problems, or I'm sorry, you said that you've got to clean up the City of Racine, you've got some really big problems, especially with downtown bars and you want it cleaned up, and that's why you decided to put Mr. Marcus on the committee, is that true?

A I don't remember saying that.

Q Did you ever tell Mr. Marcus that you have problems with the downtown bars in the City of Racine?

A I don't ever remember saying that to Mr. Marcus.

Q Are you denying that you said it or you just don't remember?

A I don't remember ever saying that.

Q Okay. You told Mr. Marcus that you have to clean up the City of Racine; is that true?

A I don't think I ever said that to Mr. Marcus.

Page 215 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

I said that, and so that's what I'm trying to get at, and I don't feel like we're connecting, and so I'm going to try again and I'm going to ask it a different way.

Did you tell Eric Marcus that the reason you're putting him on the PSLC was to clean up downtown Racine, yes or no?

I don't ever remember saying that to Mr. Marcus, because you're asking me to remember a conversation that happened four to six years ago. I don't remember the conversation I had with Mr. Marcus.

Okay. And I don't remember is a totally fair and acceptable answer. I just want to make sure that you're not denying that you said it, you're just saying I don't remember. Is that fair?

I don't remember ever saying that to Mr. Marcus.

But you can't deny it, true?

Are we going to keep doing this?

I just -MR. COHEN: Just move on. He's told you what he knows.

MR. ELDRIDGE: No, Michael, it's just

Page 214 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 Did you ever tell Mr. Marcus that you wanted him on the committee for the purposes of cleaning up downtown Racine?

A I don't remember ever saying that to Mr. Marcus.

Q Are you denying that you said it or you just don't remember?

A I'm saying that I don't ever remember saying that to Mr. Marcus.

Q Okay. So you're not denying that.

MR. COHEN: Objection, argumentative.

BY MR. ELDRIDGE: Q Well, I'm just -- there's a difference.

A I just said I don't remember ever saying that to Mr. Marcus.

Q I understand that. Well, does that mean that you're denying it or you're not?

A I don't ever remember saying to Mr. Marcus.

Q Okay. So that means, I assume, that you can't deny it, you just don't remember, is that fair?

A I said I don't ever remember saying that to Mr. Marcus.

Q I understand. From a perspective of someone asking questions there's a difference between an answer I don't remember and I'm denying that

Page 216 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

another example of not answering a question he doesn't want to answer. There is a difference, as we all know, between saying I don't remember and denying.

MR. COHEN: Maybe in your mind, but -MR. ELDRIDGE: In everyone's mind.

MR. COHEN: -- if he doesn't recall ever making that statement how can he deny saying it?

MR. ELDRIDGE: I would agree with you. So the answer to my question would be yes, I can't deny it, but I just don't remember saying it. I think that's the obvious answer, but he won't give it to me.

MR. COHEN: Well, saying yes, I can't deny it gives some credence to it when he says I don't recall that that discussion ever happened, so move on.

MR. ELDRIDGE: I mean, it's just, it's -- it's yet another -MR. COHEN: You're deposing the mayor of a city, and if you're not done today you're not getting him back, because you're wasting so much time today.

54 (Pages 213 to 216) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 54 of 120 Document 229-6

Page 217

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

MR. ELDRIDGE: Oh, oh.

MR. COHEN: Why don't you ask him questions about what he knows.

MR. ELDRIDGE: This is about a conversation he had, he participated in.

MR. COHEN: All this lawyer gamesmanship that you're playing, it's ridiculous.

MR. ELDRIDGE: It's not -- it's not -- I don't -MR. COHEN: Move on. You've asked him five times.

MR. ELDRIDGE: And -MR. COHEN: And he's giving you the answer, so move on.

MR. ELDRIDGE: No. Here the problem is, Michael, is that your client doesn't answer questions he's uncomfortable answering, and so I have to continue to -MR. COHEN: That's your view.

MR. ELDRIDGE: No, it's not.

MR. COHEN: Yes, it is. That's your opinion, so move on, ask him a question. We're wasting time.

MR. ELDRIDGE: I don't -- just

Page 219

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

I've answered --- correct?

-- your question.

Is that true?

I've answered your question.

MR. COHEN: Move on.

THE WITNESS: I've answered your question.

MR. COHEN: He's not going to discuss this further with you. If you don't move on then we're -MR. ELDRIDGE: Certify the question.

MR. COHEN: Do you think you're actually doing something by saying that?

MR. ELDRIDGE: Michael, you can criticize my lawyering all you want. I put it on there so I can search the word "certify" and then find the questions.

MR. COHEN: Okay.

MR. ELDRIDGE: Okay? But you know, I'd appreciate you keeping your opinions on that issue to yourself.

MR. COHEN: Okay.

MR. ELDRIDGE: I have a purpose, whether you think so or not.

Page 218

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

because someone doesn't give a responsive answer I don't move on. I actually try to get the answer.

MR. COHEN: You got an answer.

MR. ELDRIDGE: No, I didn't.

MR. COHEN: I disagree with you.

THE WITNESS: Can I -- can I interject here for a second? Do you have any idea how many conversations I have with people per day?

MR. COHEN: You know what, let him ask questions of you.

MR. ELDRIDGE: I couldn't -MR. COHEN: Go ahead.

MR. ELDRIDGE: -- care less. That's got nothing to do with anything. It doesn't -that doesn't have anything to do with my question. My question's a pretty logical one and I know -THE WITNESS: I've answered your question.

BY MR. ELDRIDGE: Q So the answer is, is that you don't remember having that conversation but you can't deny it --

Page 220 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

Q

MR. COHEN: Got it.

BY MR. ELDRIDGE: Is it true that you removed Mr. Marcus -Strike that.

Is it true that you did not reappoint Mr. Marcus to the PSLC because he did not support your efforts to clean up 6th Street?

As I stated before, when the new elected officials come in I rearrange the committees.

I believe I moved Mr. Marcus up to another committee and gave him an opportunity to see what was going on in another one of the committees.

Is the reason you moved him was because he did not support your efforts to clean up 6th Street?

MR. COHEN: Objection, assumes facts not in evidence.

BY MR. ELDRIDGE: Yes or no?

MR. COHEN: Go ahead.

THE WITNESS: I moved him because of the new aldermen coming in and the different committee appointments that I made, as I described earlier.

55 (Pages 217 to 220) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 55 of 120 Document 229-6

Page 221 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 A Q A Q A Q

BY MR. ELDRIDGE: Well, did Mr. Marcus support your efforts to clean up 6th Street, in your opinion?

I don't know if he did or he didn't, because I didn't watch him, his votes on the PS, on the public safety and licensing committee.

Did you move Mr. Marcus off the public safety and licensing committee because you believe he shared information with Thomas Holmes after your in-house -- or your closed door meeting?

As I announced earlier, it was a concern of mine.

Is that why you moved him off the PSLC? As I stated before, it was a concern, but I have to look at the committees depending on who is coming in and where the committee structure can be made -- moved.

And so was that factor in your determination to remove him from the PSLC? It wasn't a factor, it was a concern.

Did it factor into your determination?

I said it was a concern.

I'm asking you, did that concern -I said it was a not a factor, it was a concern.

Okay. And so did that concern factor into your

Page 223 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 I am certain that you do, as do I. A Yeah.

MR. COHEN: He's answered your question. Move on.

MR. ELDRIDGE: All I asked was if it was a factor. I don't understand why he can't -MR. COHEN: And the record will tell you the answer, because he gave it for you.

MR. ELDRIDGE: I don't believe he did.

MR. COHEN: So move on.

BY MR. ELDRIDGE: Q Could you answer that question, yes or no?

A I did.

MR. ELDRIDGE: Certify that question, please, for the purpose of my word search exercise.

Q You're aware that Mr. Marcus presented an obstacle to the PSLC to getting Park 6 closed?

MR. COHEN: Objection to the form of the question, foundation.

THE WITNESS: I don't know what he did.

BY MR. ELDRIDGE:

Page 222 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

Q A Q A Q A Q A Q A

determination, yes or no?

MR. COHEN: Objection. He just answered you it wasn't a factor.

BY MR. ELDRIDGE: Is that your answer, it was not a factor?

It was a concern.

It was not a factor.

MR. COHEN: I think he's just told you that four times.

BY MR. ELDRIDGE: I don't understand why he can't answer that.

Was it a factor?

It was a concern.

Okay. Was it a factor?

I mean, I'm a busy guy. Are we really going to do this all day long?

I am so tired of hearing how busy you are. I don't -It's obvious that you don't understand my job.

And you probably don't understand mine either.

Oh, I have -TouchĂŠ.

I don't think you have the respect for it, but if you want to continue in this manner that's fine, but I have a lot to do.

Page 224 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 Well, Mr. Marcus was the one who spoke up against Chief Whalen's bogus unsworn complaint against Park 6, right?

MR. COHEN: Objection to the form of the question.

BY MR. ELDRIDGE: Q You're aware of that, right?

MR. COHEN: Bogus unsworn statement?

You want him to admit to that?

BY MR. ELDRIDGE: Q Eric Marcus was the one who spoke up against Chief Whalen's unsworn complaint against Park 6, right?

MR. COHEN: Objection, foundation.

THE WITNESS: Eric Marcus spoke up about, against a lot of things.

BY MR. ELDRIDGE: Q You know that Eric Marcus spoke up against Chief Whalen's unsworn complaint against Park 6.

A I don't know that for sure, but he may have.

Q Well, you were at the common council meeting when it occurred, weren't you?

A I've been at a lot of common council meetings.

Q So you just don't remember.

56 (Pages 221 to 224) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 56 of 120 Document 229-6

Page 225 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 I don't remember.

Q You told Eric Marcus that you removed him from the public safety and licensing committee because he was not a team player and not someone whose vote you could count on, is that true?

A I don't remember ever saying that to Mr. Marcus.

Q You hold Mr. Marcus responsible for the city getting sued on three occasions, correct?

A I -- tell me exactly what you're speaking of.

MR. COHEN: Objection.

BY MR. ELDRIDGE: Q It's in an e-mail that you wrote, so...

A Mr. Marcus, his actions were very difficult for the city and he put us in difficult positions on a number of occasions.

Q What three lawsuits?

A I don't specifically know at this time. I don't remember them.

Q Do you remember any of them?

A Well, the one was the Bielefeldt case.

Q That was Mr. Marcus's responsibility?

A Yes. Q Okay. What was the other one?

Page 227 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

particular interest?

Q Did you take a particular interest in the activities at Park 6 and Place on 6th as compared to other bars?

MR. COHEN: Same objection, vague.

THE WITNESS: I was getting more phone calls, comments, and concerns from residents on those two bars than any other bars combined in the city.

BY MR. ELDRIDGE: Q Did you tell members of the PSLC that they had to do something about 6th Street?

A I don't know if I ever said that or not.

Q Did you tell Zach Williams that Park 6 is a problem bar and that other business or other bar owners wanted him out of there?

MR. COHEN: Other what?

BY MR. ELDRIDGE: Q Businesses or other bar owners wanted him, referencing Thomas Holmes, out of there.

A I don't know that I ever talked to Zach Williams about Park 6.

Q Well, did you tell Zach Williams that Park 6 did not have what you considered to be desirable clientele?

Page 226 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 I don't remember the other two.

Q Was one of them the lawsuit involving Thomas Holmes' bar?

A I don't know.

Q You know that the city was involved in litigation involving Thomas Holmes' bar before this case?

A The litigation -Q The licensing -- the revocation of the -- where the court ruled that the revocation of the license was improper, you're aware of that?

A I do remember something about that, yeah.

Q Was Eric Marcus responsible for getting the city involved in that?

A I don't know.

Q Did you take a particular interest in Park 6 and Place on 6th while you were mayor?

MR. COHEN: Object to the form, vague.

THE WITNESS: I don't know what that means.

BY MR. ELDRIDGE: Q Well, Greg Bach testified that you did, so do you agree with his opinion?

A I don't know what that means. What's a

Page 228 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 I don't believe I ever talked to Zach Williams about Park 6.

Q Did you tell Zach Williams that you thought the minority-owned bars on 6th Street were not a "good fit" for the neighborhood?

A I don't believe I ever talked to Zach Williams about Park 6.

Q I didn't say about Park 6. I just said the minority bars on 6th Street.

A I don't know that I ever talked to Zach Williams about any minority bars or any bars at all.

Q And you haven't read Zach Williams' statement?

A I've read some of it, yeah.

Q Do you remember his testimony concerning your conversations about minority bars on 6th Street? Did you read those portions?

A I don't remember if I did or not, but I don't know that I ever talked to Zach Williams about any minority bars ever.

Q After Alderman Marcus's term was up did you support Krystyna Sarrazin?

A Yeah, she asked me for some advice and I gave her some, yes.

Q Did you publicly support her?

57 (Pages 225 to 228) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 57 of 120 Document 229-6

Page 229 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 I don't know if I publicly supported her or not.

Q Did you do anything to publicly advance her campaign against Eric Marcus?

A She had asked me to talk to her about the campaign and some strategy, and I provided her some advice when she asked.

Q Did you provide her any financial support?

A I don't remember if I did or not.

Q Would that be typical of you to provide financial support to an aldermanic candidate?

A It would be, I don't know that I've done it for more than -- I don't know who I've done it for, to tell you the truth, if I've supported an alderman for office.

Q Is it true that you wanted Alderman Marcus out of office?

A Alderman Marcus had been -- become, he ran against me for mayor, but the bigger problem was he was a disruptive force within city hall.

Q So is it true that you wanted Alderman Marcus out of office?

A It was true that I thought Alderman Marcus was a disruptive force within city hall.

Q And so you wanted him out of office. It's a

Page 231 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

heads?

A Well, he was going through the city clerk's office trying to tell JJ how to do their job and how she could do it better, finance, public works, inspections, parks, health. I'm sure he probably talked to the police chief on occasion, and the fire chief, but his job is not to tell these individuals how to do their jobs.

Q What was his job?

A His job as an alderman was to work for his district.

Q And represent the best interest of his district.

A Correct.

Q And if that meant advancing agendas through members of the government then shouldn't that be part of his job?

A No. His job is not to tell department heads how to do their jobs. Number one, he's not qualified, and number two, he didn't know what their jobs entailed.

Q Who's Keith Hemmig, H-E-M-M-I-G? A He, I believe, lives on the south side of Racine.

Page 230 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

yes or no question.

A He was disruptive around city hall.

Q I understand that. And for that reason I would assume that you wanted him out of office. Is that true?

A I guess it doesn't matter what I want or I don't want, I don't live in the district.

Q What does it mean to be a disruptive force around city hall?

A Mr. Marcus would on a almost daily occasion go into departments throughout city hall and try to tell them how to do their jobs and then demand that they do it because he was an alderman and they should listen to him. We brought him into our office on a couple of occasions and told him that he does not have that authority, to tell department heads how to change their work or how to change their work environment or what to do in their jobs, and then he continued to do it anyway. He was disruptive to the staff, he was disruptive to the department heads, and he caused a lot of concern within city hall and throughout the departments.

Q For my edification what are the department

Page 232 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 A

Q A Q A Q A Q A Q A

And do you know him?

Yes. How do you know him?

I've known him from his volunteer activities through the city.

What does he volunteer as?

He volunteers on committees and work, volunteer work around the cities.

And why were you speaking to Mr. Hemmig about Eric Marcus?

I believe at that time he had asked me to come over and speak to somebody that was thinking of running for alderman.

I'm sorry?

He asked me to come over and speak to someone who was thinking of running for alderman.

And who was that?

Krystyna Sarrazin.

He knew Krystyna Sarrazin.

Yes. Did he -- was he involved in Krystyna Sarrazin's campaign?

I believe he was.

What was he?

I don't know his title.

58 (Pages 229 to 232) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 58 of 120 Document 229-6

Page 233 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 Did you actively participate in efforts to get Eric Marcus, well, to make sure that Eric Marcus was not reelected?

MR. COHEN: Objection to form. Go ahead and answer.

THE WITNESS: They had asked me to come over and talk to the candidate about what the -- what the city council position was like and what her race would be like and asked for some advice on issues that would be impacting the city.

BY MR. ELDRIDGE: Q And is that all you did?

A That I can recall right now.

Q I'm going to show you Exhibit 1023.

(Exhibit No. 1023 marked for identification.)

BY MR. ELDRIDGE: Q Do you recognize this e-mail exchange between you and Mr. Hemmig?

A Yes, I do.

Q Your e-mail to Mr. Hemmig is dated March 27, 2012?

A It is.

Q It's from your personal e-mail account?

A It is.

Page 235 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

BY MR. ELDRIDGE: Q Well, he said, "I'll let you know how it goes."

Did he ever let you know how it went?

A I don't remember.

Q As part of your list of points attacking Alderman Marcus you mention that he supported the Park 6 development which cost the city over $100,000 and was closed after two consecutive years of problems. Do you see that?

A Yes. Q What -- what do you mean he supported the Park 6 development?

A Well, at the time he must have been supporting the Park 6 development.

Q You mean the opening of Park 6 as a bar?

A I don't remember that far back to what that would detail.

Q Well, wouldn't the entire licensing committee or a majority of the licensing committee have to support granting the license to Park 6?

A Yes. Q The opening sentence of your e-mail to Mr. Hemmig says, "I will track down Meredith's number." Who is Meredith?

A I don't know who that was, if that was a first

Page 234 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 And the subject line of the e-mail chain is "ideas"?

A They had asked me for some ideas that were of concern to me regarding Mr. -- Mr. Marcus.

Q And you e-mailed them your ideas.

A Yes. Q And this was five days before the election.

A I don't know what the date of the election was.

Q Well, assume it was April 2. It's usually early April, right?

A Usually the first week in April, yeah.

Q So a matter of days before the election?

A Okay.

Q And what was Mr. Hemmig doing with this information, do you know?

A I have no idea what he was doing with it.

Q Well, he writes back to you after you send an e-mail bashing Mr. Marcus to Ms. Sarrazin's campaign advisor that, "I'll let you know how it goes." Do you know what he was doing?

MR. COHEN: Object to the form of the question and the characterization in the question.

THE WITNESS: I don't know what he was doing with it.

Page 236 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

or last name, I don't know.

Q Are you aware that two aldermen from the city, Eric Marcus and Alderman Shields, have both given testimony in this case that the City of Racine discriminated against minority bars on the basis of race?

MR. COHEN: Objection, misstates the testimony.

THE WITNESS: I don't know what they stated.

BY MR. ELDRIDGE: Q You haven't read their -A No. Q -- testimony?

If Mr. Marcus testified that the public licensing committee held certain minority bars to a much higher degree of scrutiny than nonminority or white-owned bars would you have any reason to disagree with him?

A That's Mr. Marcus's comments.

Q Right. And Mr. Marcus sat on the PSLC, and like you've said a few times already, you haven't.

A Correct.

Q All right. So if Mr. Marcus, based upon his

59 (Pages 233 to 236) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 59 of 120 Document 229-6

Page 237 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

observations and experience on the PSLC, testified that the committee held certain minority bars to a much higher degree of scrutiny than nonminority or white-owned bars you can't disagree with him, can you?

A That's his opinion.

Q You can't disagree with it, can you?

A I can disagree with anything. It's his opinion.

Q Well, do you disagree with it?

A Do I disagree with Mr. Marcus's opinion?

Q Yes, sir.

A That's his opinion.

Q Do you disagree with it?

A What was the date of Mr. Marcus's statement?

Q I'll show it to you.

A I'd like to see it.

(Exhibit No. 1024 marked for identification.)

BY MR. ELDRIDGE: Q Showing you Exhibit 1024, which is the videotaped deposition of Eric Marcus. The date, to answer your question, is March 23, 2015, and if you turn to page 41.

A (Witness complies.)

Q I'm sorry, are you with me on 41?

Page 239 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 He's not a party to this lawsuit, correct?

A I don't know that.

Q His name's -- he's not a plaintiff in the case, right?

A (Nodding.)

Q Right, you know that.

A (Nodding.) I believe so.

Q So what's his agenda?

A I don't know, but I know of Mr. Marcus's actively blogging and in contact with people back in Racine to this day.

Q And so what's his agenda?

A I don't know. You'd have to ask him that.

Q Okay. Well, my question, actually, was do you have any -- Mr. Marcus, you know, sat on the PSLC and specifically gave an opinion based upon his observations on his, during his time on the council, and you said that you disagreed with his opinion, and I'm asking you what's the basis for your disagreement if you never sat on the PSLC? A I disagree with his opinion.

Q And what's your basis?

A Because I disagree with his opinion.

Q Right. But you never sat on the PSLC and you

Page 238 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 Pages 158 to 161?

Q No, I'm sorry, look in the, see there's page numbers, it's just in a condensed format.

A Okay.

Q So you're with me on page 41, line 5, Mr. Marcus's testimony, "During my time on the council it is my opinion that at least certain minority bars were treated with a much higher degree of scrutiny than nonminority or white-owned bars serving white customers."

Do you disagree with his opinion?

A That was the testimony he gave after he was outside of the city.

Q Well, I don't think he testified while he was in the city. I don't think that would be possible.

A Do I disagree with his opinion, yes.

Q Okay. What's the basis? You never served on the PSLC. A I think Mr. Marcus has an agenda.

Q Okay. And what is his agenda? He's in Phoenix now, you know?

A I do.

Q He's no longer in the City of Racine, is he?

A He is not, that I know of.

Page 240 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

Q A Q A Q A Q

testified that you never reviewed the meeting minutes of the PSLC, and when I showed you the meeting minutes you refused to answer any questions about how the matters at the PSLC level were handled, so how do you disagree with someone's observations and opinions based upon their actual experiences at the PSLC? MR. COHEN: Object, misstates the testimony, form of the question.

BY MR. ELDRIDGE: What's the basis?

Don't I have the right to object to his opinion, disagree with his opinion?

You do, and I'm asking you what the basis is.

MR. COHEN: He's told you, asked and answered.

BY MR. ELDRIDGE: Is the basis for your disagreement because he has an agenda, or is there a factual basis?

I don't think he's accurate.

Okay. And why do you say that?

Because that's my opinion.

Based on what?

My opinion.

I know, but opinions have to have a basis, so

60 (Pages 237 to 240) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 60 of 120 Document 229-6

Page 241 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

what is it based on?

A My opinion.

Q I know it's your opinion, but I'm asking you is there a basis for your opinion? My opinion is that Michael Jordan is the best basketball player of all time. If you asked me the basis for it I could spend a half an hour discussing it, so similarly if I'm asking -- if your opinion is that people were not discriminated against on the basis of race at the PSLC level I'm asking you what the basis for that opinion is.

A And I've told you that's my opinion. He has his opinion, I have mine.

Q Okay. And Mr. Marcus articulated the basis of his opinion. Can you articulate a basis for yours?

A I've given you my opinion.

Q So is it fair to say you cannot articulate a basis for it?

MR. COHEN: He's told you he thinks he has an agenda. That was his opinion.

MR. ELDRIDGE: I asked that, Michael, that's -MR. COHEN: And he told you, so let's

Page 243 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

Q

A Q A Q A Q A Q

MR. COHEN: Objection, vague.

BY MR. ELDRIDGE: Well, do you respect the job that he does as an alderman?

I don't know if I have feelings one way or another about him.

Okay. Well, have you actively campaigned for someone else to take Alderman Shields' seat like you did for Mr. Marcus?

MR. COHEN: Objection, misstates the record, assumes facts not in evidence, form of the question.

BY MR. ELDRIDGE: Let me -- I'll restate the question. Thank you.

Have you ever supported a candidate opposing Alderman Shields for alderman?

While I was mayor?

Yes. I don't believe I ever have.

How about before?

Yes, I did.

Okay. You supported the opposition?

Yes. You've never supported Alderman Shields.

Page 242

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 A Q A Q A Q A Q

Q

move on.

BY MR. ELDRIDGE: Is the basis for your disagreement with Mr. Marcus because you have -- because you believe he has an agenda?

Yes, I stated that.

Okay. And again, what is his agenda?

I think Mr. Marcus's agenda continues to be disruption.

Okay. And so your belief is that sitting from his home in Phoenix he's intent on disrupting the political atmosphere in Racine?

I think his agenda is disruption.

Do you know who Alderman Shields is?

Yes. Is it Michael, Mike Shields?

It is.

Okay. And is Mr. Shields disruptive too?

On the council floor he is, yes.

He is. He's a black man, right?

He's an African-American man.

Do you respect Mr. Shields?

MR. COHEN: In what regard?

BY MR. ELDRIDGE: Professional.

Page 244 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

Q A

Not that I know of.

What district does Alderman Shields represent?

I believe he's the 3rd District.

In what ways is Alderman Shields disruptive on council floor?

He shows disrespect, he does not follow Robert's Rules of Order, he raises his voice on a regular basis, he does not respect other council members, and he speaks over people on a regular basis.

How many African-American aldermen are currently on city council?

Alderman Q.A. Shakoor and Alderman Shields.

Is Alderman Shakoor disruptive?

No. Have you ever reprimanded Alderman Shields for votes that he's made in his committee?

Reprimanded him?

Yeah.

MR. COHEN: Objection, vague.

THE WITNESS: Can you be specific?

BY MR. ELDRIDGE: Alderman Shields was on the water commission, true?

Water, wastewater commission, correct.

61 (Pages 241 to 244) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 61 of 120 Document 229-6

Page 245 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 And did you ever reprimand him for a particular vote he made on that committee?

A It wasn't for a vote. It was for a article he did in the paper. He signed a joint letter.

Q Okay. And why -- why was that reprimanded?

A I had told the water commission that, the Caledonia group that we provide water to, the Village of Caledonia that we provide water to would be coming in trying to negotiate strongly against the City of Racine for a favorable outcome that would be harmful to our citizens.

They would get a lower cost, I believe, was the issue for water, and that would cost our citizens money. He is a sitting, but he was a sitting member of the water commission representing the City of Racine on the water, wastewater committee. I told all of the commission members that please watch out for this issue because if it came down we -- we had to stand strong to protect our citizens even though their argument was that we shouldn't.

Alderman Shields signed a letter that was, within two weeks of that, was put into the Journal Times, and that letter had him supporting the Village of Caledonia on their

Page 247 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

of what benefits a city?

A That provided no benefit to the city, and I informed him of that before anything ever happened and asked them to look into it, because I knew that the village was going to be coming to the commission members to try to convince them to vote in favor of the Village of Caledonia.

Q Did Alderman Shields tell you that he felt like it did benefit his constituency?

A No. Alderman Shields, the only real comment I got from Alderman Shields was when he came up to me in the assembly floor and said, "I'm going to spend the next two years fucking you."

Excuse my language, but those were his exact words.

Q How did you respond to that?

A I said, "I'm sorry to hear you say that."

Q And when was that?

A I think that was right after the reelection against Eric Marcus.

Q So that would have been your reelection, so that would have been 2011?

A Right.

Q You, I forgot, have not read Alderman Shields'

Page 246 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

argument to receive cheaper water from the City of Racine, which would cost our people money.

I felt that his actions, I reprimanded him on those actions, as I did Alderman Hart.

Alderman Hart did not realize the mistake that he made by signing that editorial, apologized, and admitted that he had made a mistake and that he would not support Caledonia or the City of Racine, which was their job as city -- city members on the water commission. Alderman Shields did not and basically said he had no concerns and if I didn't like it that was too bad. The problem was that put us in a very bad position and potentially could have cost us a lawsuit.

Did you remove Alderman Shields from the commission because of that?

At the next appointment I removed Alderman Shields and put on a new member.

Do you view it as being Alderman Shields' job to vote the way you want him to vote on certain issues?

No. It's Alderman Shields' job to vote for a city over a village.

Well, could reasonable people disagree in terms

Page 248 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

deposition?

A No, I don't believe I have.

Q Okay. But you're aware that Alderman Shields testified that the city was unfairly treating people of color, minorities?

MR. COHEN: How would he be aware of that if he doesn't read the transcript?

BY MR. ELDRIDGE: Q You're right. I don't want to ask him for attorney/client communications.

(Exhibit No. 1025 marked for identification.)

BY MR. ELDRIDGE: Q Showing you Exhibit 1025. This is entitled the deposition of Mr. Michael Shields, taken on March 13, 2015. Do you see what I'm referring to?

A March 13, 2015?

Q Yeah.

A Okay.

Q Turn to page 96.

A 96, you said?

Q 96.

A Okay.

Q So starting on, are you with me, start on line 8, "And my basis on not just Keith Fair bar or

62 (Pages 245 to 248) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 62 of 120 Document 229-6

Page 249 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

any bar of color, my belief, as I stated earlier, is based upon the fact of unfair treatment the way committees handle people of color."

Do you see that?

I do.

And do you agree or disagree with Alderman Shields, who's a sitting alderman in the City of Racine's testimony that the committee handles people of color unfairly?

MR. COHEN: I think he said plural.

THE WITNESS: The way committees handle people of color?

BY MR. ELDRIDGE: Committees, yeah. Thank you.

I disagree with his statement.

What's your basis?

Well, I'll give you one example.

Go ahead.

The planning commission, a month ago, an African-American male with his father came into the planning commission, which I chair, and they were going to open a ribs joint in the uptown redevelopment area. When they brought up the proposal to the planning commission that

Page 251 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

that had a full kitchen and he was being charged $100 less a month. He and his father both thanked me for the holding up of their agreement and talking to them about the fact that we just saved them $40,000 in overhead, and two weeks later his company opened up and it's still there to this day and it's scald Clyde's Barbecue.

And when was this?

About four months ago.

Okay.

So -So the --- it's items like that when Mr. Fair -- when Mr. Shields says that committees treat people differently, I don't think that that's accurate. That's just one agenda item that would prove him wrong.

Okay. And aside from this occurrence that occurred four months ago with respect to the rib joint do you have any basis to disagree with Alderman Shields' belief that bar owners, minority bar owners, were treated differently than others on the public safety and licensing committee?

Page 250

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

they were going to lease space and then put in a full kitchen into the site I asked for a recess, which surprised the two candidates, and I pulled them aside and I asked them if they were purchasing the building, and they said no, they were renting, and I said you realize -- I asked them the question what did the individual tell you if you're renting from him or her what it would cost you to put that -- that restaurant kitchen in. They had said $8,000.

I told them that I think that they needed to go to talk to somebody because I think the kitchen would cost them a million -- roughly $40,000 to put in a full kitchen, because the hoods alone cost about 10 grand, and I know this from a little bit of my real estate background. I asked them if we could hold off their item and I asked them if they could please talk to somebody in the uptown area about other opportunities that might be available for them, because I think that the $40,000 cloud over their head would cost them their business. He agreed. He came back two weeks later, found another site in the uptown area around the corner from the site that he was looking at

Page 252 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 I don't know what basis Michael is using to make that argument.

Q Okay. Because he doesn't sit on the committee, right?

A I don't know what basis he's using to make that argument.

Q Based upon his observations, presumably.

A Well -Q Fair to say that you disagree with two sitting aldermen in terms of how they view -- strike the question.

You disagree with two aldermen, Mr. Marcus and Mr. Shields, in terms of how they view how minorities in the City of Racine were treated by the public safety and licensing committee?

A That's correct.

Q I know we talked earlier about this, Penny Sharp's statement. We don't have to go back into it, but she testified that it occurred at a Democratic Party meeting at 1840 Sycamore in Racine in January of 2011. Do you recall being at such meeting?

A I don't know if it was a meeting or an event.

I don't know which one it was.

Q Whatever it was, but do you recall it?

63 (Pages 249 to 252) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 63 of 120 Document 229-6

Page 253 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 A Q

I recall the event.

Okay. And you recall that Mr. Henzl was there?

Bob and Sally were both there, yeah.

And you recall that Penny Sharp was there?

I believe I saw Penny there.

And were you holding at some point in the evening a flyer from Park 6?

I don't remember ever holding a flyer.

And regardless of whether or not you used the "N" word, as Ms. Sharp testified to, did you make any sort of comments suggestive of the fact that black people should go back to Waukegan where they came from because you don't want their kind around the city?

Never remember making any statement of that effect.

Again, you said I don't remember saying that.

Are you affirmatively denying it?

I denied the fact that I used the "N" word.

Okay. Are you -Yes. Okay. Are you denying my question, which is did you say anything about sending or wanting African-Americans or black people to go back to the City of Waukegan?

Page 255 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 Could you remind me what the last exhibit was, please, sir?

A Yeah.

Q Or Michael?

MR. COHEN: 1025.

MR. ELDRIDGE: Thank you.

MR. COHEN: You're on 1026.

(Exhibit No. 1026 marked for identification.)

BY MR. ELDRIDGE: Q 1026 is a two-page document entitled, "Declaration of Scott Sharp." Have you seen this document?

A No, I have not.

Q Why don't you take a second to review it. I really only have a couple questions, but I think in all fairness you should review it.

A Okay.

Q On February 21, 2015 were you at an event with Scott Sharp?

A I was at a candidate forum with the unions.

Q The event that Scott Sharp describes in 1026?

A Yes. Q All right. And did you have occasion to see Scott Sharp?

A Yes.

Page 254 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 I don't ever remember making a statement like that.

Q Are you denying it?

A I don't ever remember making a statement like that.

Q All right. Did you have occasion -- you know who Scott Sharp is?

A I know who Scott Sharp is.

Q Did you have occasion -- or let me ask you, step back to Penny for a second. Does she have an agenda?

A Penny Sharp has worked on every single campaign against me.

Q Okay. So does she have an agenda?

A I don't know, but she's worked on every single campaign against me.

Q How do you know Scott Sharp?

A Scott Sharp was a city employee, and I knew him as the head of the AFSCME union.

Q Okay. And do you remember -- did you see the affidavit that Mr. Sharp submitted in connection with this case?

A I don't think I did.

Q You don't remember?

A I don't think I remember seeing that.

Page 256 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 And did you have occasion to speak with Scott Sharp?

A I did.

Q Mr. Sharp tells you that you whispered to him that he should exclude himself from the event because of the lawsuit against him and his wife. Do you see that? It's in paragraph 7.

A I do.

Q Is that a true statement by Mr. Sharp?

A When I -- before I went to the event I was under the impression that he may be there or moderating the event, and I either called Michael or Scott.

Q Well, don't tell me what they said.

A And -- and therefore with the advice I thought it would be better that since she had just filed against me and we were in the middle of a, I don't know if it was a lawsuit or an argument or whatever this all is, that it might be better if he's not moderating the panel, and he agreed and turned around and walked out and had somebody else moderate the panel.

Q When you say she had just filed against you what are you referring to?

A Well, that --

64 (Pages 253 to 256) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 64 of 120 Document 229-6

Page 257 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 A

Q A Q A

Her deposition?

That thing you had earlier.

The deposition transcript?

Yeah.

Did you threaten Mr. Sharp with a lawsuit?

No. I said that since we were in the middle of this thing with Penny that I think it was best if you just don't moderate this panel.

Did you mention the word "lawsuit" to Scott Sharp?

I don't remember if I did or not. I was trying to describe whatever this thing Penny was doing. I don't know if it's a lawsuit or if it's a filing. I don't know what Penny did against me, but I was trying to describe that.

Well, I mean, you knew that she had given a deposition in the case.

Yeah.

In this case, right?

I don't know what that whole thing was, so I just tried to describe the situation with Penny and that we're in the middle of that, probably best if you're not having the conversation and depicting who's going to be the person that they support.

Page 259 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 I don't remember this specifically, but this was early on in our term and we had had -- we had had a problem with people calling our office and trying to circumvent the public safety and licensing committee, so I believe with this contact I had asked him if he can just tell me who the people that were up, coming up before the public safety and licensing committee were, because if I received a call from these folks I thought it was inappropriate for me to talk to them directly.

What has happened since I've been mayor is people will have a phone conversation with me and then say to somebody else that I had said something that I hadn't said, so I just wanted to know who the people were, so if they called me I wasn't going to return the phone call, because that circumvents the committee.

Q So this, you believe, was your compilation of a list whose licenses were up for renewal or something?

A No. I think this was -- this was the folks that were being brought up before the PS&L for concerns.

Q And you wanted their calls to licensed premises

Page 258 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 I'm going to, some of these have been previously marked, but I'm just going to mark over them for continuity purposes. So next in order is 1027.

(Exhibit No. 1027 marked for identification.)

BY MR. ELDRIDGE: Q And drawing your attention, Mr. Dickert, to an e-mail from Greg Bach on September 23, 2009 beginning down at the very bottom of page 1.

Do you see what I'm referring to?

A Okay.

Q And Greg Bach in September of 2009 was on your staff as what?

A Yes, my staff person. He was my only staff person.

Q And he had sent an e-mail request to someone by the name of Marhetta Leonard requesting on your behalf calls to licensed premises and history reports having to do with the companies below.

Do you see what I'm referring to?

A Uh-huh.

Q Yes? A Yes. Q And do you recall making a request of Mr. Bach to obtain this information?

Page 260 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

and history reports, right?

A I just wanted to know who they were, because if they called me I wasn't going to take their calls.

Q Okay. But that's not what you asked, at least according to Mr. Bach. You wanted their licensed premise reports and history reports for all of those bars, true? In other words -A His -- his request is -Q Could I restate the question for you?

A I believe it looks like Greg's request is the information.

Q Well, here, let me restate the question -A All right.

Q -- for you. To me it doesn't just look like you wanted to know who the bars were. Greg says, "The mayor is looking for "calls to licensed premises and history reports having to do with the companies below," and then it lists the companies below. So I mean, it seems to me from this e-mail that you were looking for event reports, more or less, on the bars below, true?

A If there were, yeah, if there were issues or concerns so I could update myself on what were

65 (Pages 257 to 260) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 65 of 120 Document 229-6

Page 261 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 A Q A Q

going on. We had a real problem with people calling and trying to circumvent the process and then trying to get me to work through some of their PS&L committee issues, and I just, that's not the kind of phone call I want to take.

Right. So why would you then collect more information on these bars?

Well, this was early on in my term. I guess I was just trying to figure out what was going on.

Do you remember receiving the information on the bars that you requested?

No. All I remember is getting this information. I don't remember receiving information on all these.

All you remember is getting the list of names?

Right.

Do you remember ever reviewing licensed premise reports or bar history reports?

No. For any bar?

No. Do you know what these bars have in common? I think you said earlier that you thought that

Page 263 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 Now, he references two cameras recording by 6th and Park. Do you see what I'm referring to, or asks about them.

A Okay.

Q Do you see what I'm referring to?

A Yeah.

Q You're aware that there were cameras posted recording or surveilling activities at Park 6 and Place on 6th, correct?

A I was aware there was cameras on 6th Street, yes.

Q Okay. And you were aware that those cameras were pointed at the entrances/exits of my clients' bars to surveil activity there, right?

MR. COHEN: Objection. That misstates the record.

BY MR. ELDRIDGE: Q Right?

A The camera was pointed at 6th Street.

Q Well, where on 6th Street were they pointed?

A I believe they were near 522, it would have been, 6th Street pointing down about two or three blocks.

Q Were they pointed in a position such that they would capture the activities outside of Park 6?

Page 262 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

they were coming up on the PSLC agenda? Is that your recollection?

A To tell you the truth I don't remember. This was quite a while ago.

Q Well, do you know how you identified these bars as being ones that you wanted bar history reports and licensed premise reports?

A I don't remember.

Q And do you know what, if anything, you did with the reports, assuming that you got them, as you directed?

A I don't remember what I did with them.

(Exhibit No. 1028 marked for identification.)

BY MR. ELDRIDGE: Q I'm going to show you Exhibit 1028. It's a short one. I recognize that you're not on it, but I have a separate question related to it.

This, for the record, is an e-mail dated October 12, 2010 from Mr. Mozol to Mr. Whalen, am I correct?

A Correct.

Q Mr. Mozol was an alderman?

A Yes. Q Was he on the PSLC? A I don't know if he was at this time or not.

Page 264 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 It captured the activities for two city blocks.

Q Okay. Well, were they -- would Park 6 have been captured, the activities of Park 6 have been captured the way the cameras were positioned?

A I believe they would.

Q And Place on 6th.

A And Henry and Wanda's and all the other ones for the next two blocks.

Q What were the other ones over the next two blocks?

A Henry and Wanda's, Old Madrid. There's a Korean restaurant on the corner. I think that's about it.

Q Did you authorize the expenditures for the cameras to be posted on or so as to surveil 6th Street?

MR. COHEN: Did he personally?

BY MR. ELDRIDGE: Q Yeah.

A I don't know that I personally authorized that or not.

Q Who had the -- who would have the authority to authorize that expenditure?

A The chief.

66 (Pages 261 to 264) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 66 of 120 Document 229-6

Page 265 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 The chief of police?

A Yeah.

Q Were you consulted on it before the cameras went up?

A We had discussed it, because there was a lot of finger pointing going on between Mr. Fair and Mr. Holmes that the problems were each others, and we wanted to try to determine if there were problems on the street who was right and who was wrong, so one of the things that the chief wanted to try to do was to do some surveillance to determine that.

Q All right. So based upon what you just told us I think you'd agree that the intent of posting the cameras was in fact to capture activity outside of Place on 6th and Park 6.

A And 6th Street.

Q But specifically -A You had mentioned earlier that they may be coming out of Henry and Wanda's, so we had to know that answer too.

Q And did you ever view any of the footage?

A I only viewed a very small portion of the footage, I believe after a major incident had happened.

Page 267 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 And who is the "they" who were looking into it?

A I would assume it would be our police department. I can only make that assumption, though.

Q And why was it your impression based upon what you were told that it would be the last for Park 6?

A I don't know what the situations were at the time that made me believe that.

Q Well, in any event, it was your belief as of November 30, 2010 that Park 6 was going to be shut down, right?

A I don't know. I don't know what the situation was at the time.

Q But isn't that what you're trying to communicate to Mr. Levine, is you're trying to alleviate his concerns by saying something just happened at Park 6 and it looks like as though it might be its last, it's going to be out of business?

A Maybe.

Q So that was November 30.

(Exhibit No. 1030 marked for identification.)

BY MR. ELDRIDGE: Q I'll going to show you Exhibit 1030. We're

Page 266 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 In front of whose bar?

A I don't remember.

(Exhibit No. 1029 marked for identification.)

BY MR. ELDRIDGE: Q I'm going to show you Exhibit 1029. Start with the bottom, there's an e-mail from Mark Levine to you dated July 20, 2010 copying Jeff Coe and Aron Wisneski, true?

A That is.

Q Okay. And the subject is, "6th Street situation," correct?

A Yes. Q And he attached a letter addressing some of his concerns. Do you recall receiving this?

A This is one of many communications that I received regarding the 6th Street situation.

Q And one of many from Mark Levine in particular.

A I -- no, from many, from many different people.

Q In any event, some four months passed and you respond to Mark Levine on November 30, 2010 and you say, "Mark, it looks as if this latest issue at Park 6 may be its last. They are looking into it." What were you referring to?

A I'm not exactly sure what the issue was that time.

Page 268 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

going to get back to the November 30 e-mails, if you could keep that accessible.

This is a finding -- well, this is a recommendation from the PSLC in connection with Park 6, is that true?

I'm sorry, what did you say this was, again?

This was a recommendation from the PSLC in connection with Park 6, am I correct?

That's what it looks like to me.

Okay. Is this -- this is a document that you as a member of the city council would receive because this is what you need to base your determination on at the council level?

I don't know -MR. COHEN: Object.

BY MR. ELDRIDGE: Is it or no?

MR. COHEN: Let me just lodge my objection. Object. He doesn't make decisions on the common council level.

BY MR. ELDRIDGE: Well, the common council, these are a part of the common council. The common council has to make a decision whether to go along with the recommendation of the PSLC or not, so I'm

67 (Pages 265 to 268) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 67 of 120 Document 229-6

Page 269 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

wondering is this the type of document the common council would see to see what the PSLC's recommendation is?

Well, they get the committee report. That's what usually comes before them, and the agenda items on the committee report are usually what are motioned out for discussion and either passage or failure. I don't know if this is part of that committee report or not.

Okay. Well, in any event, Paragraph 1 shows that on December 10, 2010 Chief Whalen issued a complaint against Park 6, right?

Where are you at?

Paragraph 1, findings of fact.

Well, okay.

And this -- this complaint that Chief Whalen issued on December 10, 2010 was the unsworn complaint that was eventually revoked, correct, or reversed.

I -- I don't know if this was it or not.

We'll figure it out.

All right.

In any event, Chief Whalen goes ahead and issues what I'll represent to you as being the unsworn complaint on December 10, 2010, ten

Page 271 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 On December 20, 2010 the public safety and licensing committee convened a special meeting, right?

MR. COHEN: Objection, foundation.

Are you asking him to read off this document?

BY MR. ELDRIDGE: Q Yeah. It's Paragraph 4. I mean, he doesn't have to read off of it. I just wanted him to confirm it for the record.

MR. COHEN: Does the document say that?

THE WITNESS: The document does say that.

BY MR. ELDRIDGE: Q Do you know why the public safety and licensing committee would convene a special meeting to address this?

A I don't know. That's why I asked you if there was any events at Park 6 prior to this that would have had them do that.

Q The answer to your question is no, there were no events between your representation of Mark Levine that it was going to be Park 6's last and Chief Whalen's unsworn complaint.

MR. COHEN: Is that a question?

Page 270 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

days after you told Mark Levine that this is going to be the last for Park 6, true?

You're suggesting that this was the reason that I said this was the last thing?

I'm just asking a question.

I don't know that this was the reason that I said that that was the last issue or not.

All I'm asking is that on December 10, 2010 Chief Whalen issued, I'll represent to you, to be an unsworn complaint, which is ten days after you told Mark Levine that this is going to be the last for Park 6, right?

I don't know that this is the issue that I was discussing.

Anyone can draw their own conclusions. I'm just confirming that Chief Whalen issued his unsworn complaint ten days after you told Mark Levine that this was going to be Park 6's last, right? As a matter of chronology would you agree?

As a matter of chronology.

Okay.

Is there an event that happened at Park 6 that the police would have reported on in between those times, required to?

Page 272

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

BY MR. ELDRIDGE: Q He asked me a question, I decided to answer him.

So in any event, on December 20 they called a special meeting and apparently only four alderpersons were there, right?

MR. COHEN: Are you asking him to read from the document?

BY MR. ELDRIDGE: Q Based upon your review of the document.

A I see that four aldermen signed it.

Q Alderman Marcus did not sign it?

MR. COHEN: Doesn't mean he wasn't there.

MR. ELDRIDGE: I didn't ask him that.

MR. COHEN: You just said that.

MR. ELDRIDGE: I just said alderman didn't sign it.

MR. COHEN: You said four people, only four people were there.

MR. ELDRIDGE: I said four people signed it.

MR. COHEN: Okay. He's asking you if there are -BY MR. ELDRIDGE:

68 (Pages 269 to 272) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 68 of 120 Document 229-6

Page 273 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 If I misstated the question I apologize.

MR. COHEN: He's asking if there are four signatures on this document he put in front of you.

THE WITNESS: There are four signatures.

BY MR. ELDRIDGE: Q Mr. Marcus was not one of the signatures, correct?

A I don't know -- I don't know who was the last person on the committee.

Q Just answer my question.

MR. COHEN: He's asking you does Mr. Marcus's signature appear on the document he put in front of you.

THE WITNESS: It does not appear on the document he put in front of me.

(Exhibit No. 1031 marked for identification.)

BY MR. ELDRIDGE: Q I'm going to show you Exhibit 1031, and these are common council meetings from January 4, 2011. Actually, I hate to do this, but could we go backwards for just one second, please, to the exhibit I just showed you, just so the record is clear. On December 21, 2010 the

Page 275 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

common council at this point was whether to adopt the recommendation for the PSLC to revoke Park 6's license based upon Chief Whalen's complaint?

That's what it states.

Okay. And Alderman Marcus objected or made a motion?

They made a motion to refer it back to the PS&L. And do you remember this?

Not specifically, no.

This was Alderman Marcus's motion to refer back to the committee to schedule a due process hearing that would be in compliance with Chapter 125.12(2). Do you remember that?

I really don't.

You don't remember Eric Marcus objecting that Chief Whalen's complaint was inappropriate because it was unsworn?

I -- I don't remember the specific argument that day. I remember that there was a concern about whether he had raised his hand or something of that nature.

Okay. And does this refresh your recollection as to the terms of whether or not that was the

Page 274 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

Q A Q

public safety and licensing committee made a recommendation that the license of Park 6 be revoked, true?

That's what it reads.

Okay. Moving forward to Exhibit 1031, which are common council meeting minutes from January 4, 2011, right?

Correct.

You were there?

It says I was.

If you'd turn to page 5 at the bottom Item No. 10-5944 is a discussion on the complaint filed

by Kurt Whalen against Park 6 and the public safety and licensing committee's recommendation that Park 6's license be revoked. Am I correct?

MR. COHEN: Page 6.

BY MR. ELDRIDGE: 5 and 6, bottom of 5, top of 6.

MR. COHEN: There's different page numbers on the bottom. Okay. Got you.

BY MR. ELDRIDGE: Are you there?

Yeah, 5 and 6, yeah.

Okay. So am I correct the matter before the

Page 276 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

time at which this argument or motion was raised?

A little bit.

And Attorney Weber ruled the motion out of order, Eric Marcus's motion out of order?

MR. COHEN: You're asking him if that is what it says here?

BY MR. ELDRIDGE: Yeah.

Okay.

And what does that mean, to rule a motion out of order? Do you know?

Well, it depends on what motion was on the floor and what motion was made and how he made it. There's -- there's -- when you have a motion on the floor certain motions are allowed and certain motions are not, so I don't know what Rob was -- was moving at that point.

In any event, the common council adopted or approved the PSLC's recommendation to revoke the liquor license of Park 6 based upon the unsworn complaint of Kurt Whalen, is that true?

Well, it looks like first they voted on -MR. COHEN: Hold on a second. I'm going to object to the form of the question.

69 (Pages 273 to 276) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 69 of 120 Document 229-6

Page 277 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

BY MR. ELDRIDGE: Q Go ahead.

MR. COHEN: Based on the unsworn complaint? I don't think it says that here.

Based on all the facts and circumstances presented at the hearing.

MR. ELDRIDGE: Well, it says, if you go back up to page 5 it says, "Discussion of complaint filed by Kurt Whalen."

MR. COHEN: That was the basis of the motion. There was a full due process hearing.

MR. ELDRIDGE: Well, not before common council there wasn't.

MR. COHEN: No, but -- okay. Go ahead. Misstates the record.

BY MR. ELDRIDGE: Q In any event, again, the question is that the common council voted to approve the recommendation of the public safety and licensing committee to revoke the license of Park 6.

A It looks like they approved, had 11 to 3 to 1 motion on the -- of the committee's approval, correct.

Q And you remember that that issue then went into

Page 279 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 This is a court opinion. I just want to reference -A Oh. Q -- it to give you a date to provide you with context, so I've marked it as Exhibit 1032.

And so if you turn to page 9.

MR. COHEN: This is not a court opinion. This is a brief.

MR. ELDRIDGE: Oh, I'm sorry, it is a brief. I apologize.

THE WITNESS: I don't see page numbers on this. Am I missing something?

BY MR. ELDRIDGE: Q It's on the bottom right-hand corner. They're very faint.

MR. COHEN: I don't see it either.

THE WITNESS: Wow. MR. COHEN: Maybe on your copy.

BY MR. ELDRIDGE: Q Oh, really?

A Yeah, I can't see them.

MR. COHEN: There's no page numbers.

BY MR. ELDRIDGE: Q On the bottom right-hand corner? Oh, that's weird.

Page 278 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

the courts system.

A Yes. I never understood Marc -- why Marcus would have stayed.

MR. COHEN: He's not asking you that.

THE WITNESS: Oh. MR. COHEN: Okay?

BY MR. ELDRIDGE: Q Do you understand that the issue concerning whether or not the complaint was properly sworn out by Chief Whalen went into the court system?

A I believe it did, yeah.

Q I'll show you this for no other reason than to give you a date.

(Exhibit No. 1032 marked for identification.)

BY MR. ELDRIDGE: Q Exhibit 1032. Would you like, are you good on water? Do you want to take a break?

A I'm okay.

MR. COHEN: I could use a bathroom break at some point. I don't want to disrupt your flow.

BY MR. ELDRIDGE: Q Let me just get through this document and I'll have a couple questions.

A I'm sorry, what did you state this was, again?

Page 280 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 Does it start with, "First step in revocation"?

Is that the page number.

Q No. Just look at mine, my highlighted copy, if you want.

MR. COHEN: What page are you on?

THE WITNESS: Here. I think it's right there. Okay.

BY MR. ELDRIDGE: Q Thank you.

A All right. I got it.

Q So my only point, and you're right, Michael, this is a legal brief, not an opinion, but it has a date in here that says, "The circuit court conducted a hearing on the parties' respected motions on June 13, 2011 and on that date the court granted plaintiffs' requested relief concluding that the Statute 125.12 was not adequately complied with and therefore the revocation was invalid."

And so I'm only showing you this to tell you that on June 13, 2011 the circuit court held and ruled that the revocation of Park 6's license was invalid, so just take that assumption.

Turning back to your e-mail exchange with

70 (Pages 277 to 280) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 70 of 120 Document 229-6

Page 281 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

A Q

A

Mr. Levine, and I apologize, I lost the number, it was probably about four exhibits ago.

MR. COHEN: 1029.

MR. ELDRIDGE: Thank you.

THE WITNESS: Okay.

BY MR. ELDRIDGE: Seven or six and a half months after you e-mail Mark Levine suggesting that it might be the last issue for Park 6 you e-mail him again on June 14, 2011, correct?

Oh. Yes? That's -- yeah, on the top it says 6/14.

Okay. Which is one day after the circuit court ruled that the revocation of Park 6's license was inappropriate and reversed it, right?

I believe so, yeah.

And you told Mr. Levine, "Call me ASAP," and then gave your phone number which I'll leave out of the record.

Uh-huh.

And were you calling Mr. Levine to tell him the news that Park 6's license was now back in status?

I have no idea.

Page 283 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 I don't know what I asked Mark Levine to call me about. I might have just grabbed the last e-mail that I had from him and reposted it, and I have no idea.

BY MR. ELDRIDGE: Q Wouldn't it stand to reason, given that the entire string relates to Park 6, that you were in fact calling Mr. Levine one day after the judge ruled on Park 6's license to tell him the news?

A I don't know that I received the news by then.

Q Were you not informed that the license was restored?

A I have -MR. COHEN: I think you've asked him that a couple times now.

THE WITNESS: I don't know when they informed me of that.

BY MR. ELDRIDGE: Q Okay. Let's take a break.

THE VIDEOGRAPHER: This will conclude Disk 3. We're off the record at 3:24 p.m.

(Short break was taken.)

THE VIDEOGRAPHER: We're back on the record. This is the beginning of Disk 4 of the

Page 282 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 Do you suspect, given the chronology of events, that that's why you were calling Mr. Levine?

A I have absolutely no idea, because Mr. Levine was working on a lot of projects downtown, so I don't know why or what that meant.

Q You don't know what the urgency for calling Mr. Levine was one day after Park 6's license had been restored?

A I don't know if I would have received this within a day.

Q You don't think you were informed that the, that Park 6's license was -A I don't know when I was informed of it.

Q This entire e-mail string relates to 6th Street and Park 6, right?

A I don't know, because I don't know what I was telling him to call me about right away.

Q Well, below, aside from the June 14 e-mail, the e-mails below that relate to the situation on 6th Street and your advisement to Mr. Levine that it was going to be Park 6's last issue.

MR. COHEN: Last what?

BY MR. ELDRIDGE: Q I mean, last, I don't know, says it's going to be its last.

Page 284 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

deposition of John Dickert. Today's date, July 10, 2015. The time is 3:41 p.m.

BY MR. ELDRIDGE: Q Mr. Dickert, if you could flip into your exhibits and remind me, I'm really terrible at this, it's a problem, remind me, if you would, what the number the common council minutes from January 4, 2011 was. It should be just one or two back. It looks like it's there.

A Common council from January 4, 2011, 1031.

Q Thank you. I'm showing you what's been marked as Exhibit 1033.

(Exhibit No. 1033 marked for identification.)

BY MR. ELDRIDGE: Q And specifically in reference to the e-mail on the bottom, which is an e-mail from Greg Bach, your staff member, to Kurt Whalen on January 4, 2011 at 7:53 p.m. Do you see what I'm referring to?

A Uh-huh.

Q Yes? A Yes. Sorry.

Q And this, as we know, from looking at Exhibit 1031, is the same day on which Park 6 license was revoked by the common council, right?

71 (Pages 281 to 284) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 71 of 120 Document 229-6

Page 285 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 If that's the same day. I'm not exactly sure of the days.

Q Look at 1031.

A Oh, okay.

Q Sorry about that. Those are the common council meeting minutes where the common council voted to revoke the license of Park 6, true?

A Yeah.

Q Okay.

A Yup. Q And on that same day your chief, Greg Bach, wrote to Kurt Whalen asking Kurt Whalen to get information for you, correct?

A Correct.

Q And in particular you had requested the number of man hours that, I believe, presumably, the City of Racine Police Department had spent on this matter over the past 12 to 16 months.

A Correct.

Q Okay. And why were you asking for this information on the day or evening of the revocation of Park 6's liquor license?

A I was trying to get a determination as to what everything was costing us to that date.

Whenever we have extensive efforts going in and

Page 287 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

it was costing us.

Q Well, I mean, the license had been revoked, so why was it even an issue at that point, I guess is my question.

MR. COHEN: You know what, I'm going -- I'm just going to enter a belated objection here, that the meeting adjourned at 8:30 that night, p.m., and the e-mail was at 7:53, so you keep -- you keep saying that the license was revoked. I'm not sure factually we have evidence of that record.

BY MR. ELDRIDGE: Q Okay. So then, if given Michael's objection, which is good, were you trying to get information on the amount of man hours that Park 6 or that had been spent on Park 6 so you could influence the vote at the common council level?

A It may have been a request or concern from one of the council members. I don't have a transcript of that council meeting, but I just asked to find how much this had cost us so far.

Q Did you speak up at the January 4, 2011 council meeting on Park 6?

A If I speak on an issue I usually have to

Page 286 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

overtime going into any one particular area fiscally I'm trying to find out what is this actually costing me.

Okay. And since Park 6's license was revoked on that date why was it an issue?

Just wanted to know what, how many man hours we had put into that bar. We had received a number of complaints from people around town that there was so much activity going on in downtown with police calls regarding this, the issue on 6th Street that they felt that they were not being handled, the people were not being handled by the police department outside of the area, so one of the things that I had asked was how many man hours do we have into it and how much money do we have into this so far.

I was assuming that your request for that information was because, motivated because you anticipated that there would be some questions on the committee or of the council in terms of why Park 6's license had been revoked and you wanted a rebuttal. Is that a fair -No. -- assumption?

No, it's not. I just wanted to know how much

Page 288 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 A

relieve myself of the chair, so I am there just to provide order and keep Robert's Rules of Order in place.

Okay. So does that mean you did not likely speak on it?

I don't remember speaking out on this issue.

Have you ever requested the amount of man hours spent for a particular bar other than Park 6?

I have -- I have talked to my chief about man hours spent on the jail downtown that we've had to do excess work with, and that's the sheriff's department's jail and the county jail. I have asked for man hours relating to the 4th of July and the fireworks, so I've asked for man hours on a number of issues where the cost is high.

Okay. Well, my question, again, was have you ever asked for man hours in relation to a particular bar aside from Park 6?

I don't know if I have or I haven't. I can't recall any at this time, but I don't know that any other bar had this number of man hours.

Well, how would you know if you never requested them?

Because I don't recall any bar having the

72 (Pages 285 to 288) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 72 of 120 Document 229-6

Page 289 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

number of police calls and man hours that this bar had.

Q So are you therefore advised on the number of police calls and man hours for bars?

A No, but I've never been -- it's never been brought to my attention that there were as many calls as this bar brought to our attention.

Q Which bars have been brought to your attention in terms of police calls and man hours?

Obviously Park 6 and Place on 6th, we talked about those. Which other ones?

A Ginger's was one.

Q Uh-huh.

A And the American Legion was brought up on Douglas Avenue.

Q Any others?

A Not that I can recall offhand.

Q And those are all minority frequented bars?

A I don't know who frequents them.

Q Those are all minority-owned bars?

A I don't know who owns them.

(Exhibit No. 1034 marked for identification.)

BY MR. ELDRIDGE: Q Exhibit 1034, take a second to look through that. Let me know when you're done, please.

Page 291 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 Q A Q

A

license, however, that they're planning an underage party over the weekend, right?

Correct.

And you said that you will have extra cameras and police presence. I presume you mean focused on the Park 6?

MR. COHEN: You? I think it says, "We."

BY MR. ELDRIDGE: I presume that what Mr. Dickert means by that, meaning what you mean. Let me just rephrase the question.

MR. COHEN: Okay.

BY MR. ELDRIDGE: Mr. Dickert, the e-mail says that, "We," I would assume that's in reference to the city, right?

Correct.

"Will have extra cameras and police presence," right?

That's what the e-mail says.

And by having extra cameras and police presence you mean that will be focused on Park 6, correct?

I don't know if that's what we were focused on,

Page 290 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 Okay.

Q Who is Jennifer Dallmann?

A She owns Jennifer's Generations Portrait Studios, which is down the street and four doors down from the corner of 6th and Park.

She's on 6th Street. She lives above it.

Q And she complained about Park 6?

A As I mentioned earlier this was one of many complaints I received of Park 6.

Q Okay. But she complained about Park 6?

A Yes, she did.

Q Okay. Did she complain about any other establishments, to your recollection?

A She complained about Place on 6th as well.

Q And any others?

A I believe she complained one other time on noise, but I wasn't sure what bar she was complaining about.

Q And you know her personally?

A I do.

Q How do you know her?

A I've known her for quite a while, and she takes pictures for our family.

Q Very good. Now, in reference to her complaint you mentioned that Park 6 has lost its liquor

Page 292 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

but that's what it says in the e-mail.

Q And then you say that's all you could do under the law until something happens, right?

A I think we were all taken aback. I didn't completely understand how Park 6, when they lost their license, could still open. I was confused on that matter. So when the neighborhood and the people that were living there, working there, and had businesses there found out that they were going to open there was a lot of confusion as to how and why they were open. The only thing that I could determine from our staff was he had the right to open an underaged club as long as there was no alcohol, so when she called the city thought let's have a presence there to make sure that everything's okay, especially with underaged kids, so that's what we did.

Q Okay. And so you directed the police department to focus on Park 6 for that -A No. Q -- underage party?

A No. It was just an agreement that everybody made to make sure that the kids were safe that day.

73 (Pages 289 to 292) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 73 of 120 Document 229-6

Page 293 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 Who was everybody?

A I would assume it would be myself, police, and some other departments.

Q And you agreed with it.

A Yeah. I do everything I can to protect children.

Q And you were frankly looking for an opportunity to shut Park 6 down once and for all, right?

A No. I believe we provided the presence to make sure that everybody would be okay, especially the kids that were there.

Q And so that once something happens you were there so that you could move forward and shut it down once and for all, right?

A No, that we could make sure that we protect the kids that are there, because now it is a teen club.

Q So what did you mean when you said, "Until something happens"?

A Until something happens regarding whether he's going to make it a teen club from now on or if he's going to go back to making it a bar.

Q I don't understand.

A I don't -- we weren't sure if he was going to be closed down if the license would stay, if he

Page 295 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

any problems with any other area we know where it's coming from. The other thing is that their police believe that when you put cameras up people are a little bit less apt to create problems because they know they're being watched.

So where did you put the cameras?

I don't know where they put the cameras.

Weren't they on a building on top of a rooftop?

I don't know where they put it. If it was the Armadillo it was in a vehicle.

What other bars did the city park the Armadillo in front of?

Pardon me?

What other bars did the city park the Armadillo in front of you aside from Park 6?

MR. COHEN: Objection, assumes facts not in evidence. He said if it was the Armadillo. I don't think he said it was.

BY MR. ELDRIDGE: Well, did the city park the Armadillo in front of Park 6?

I believe they did.

All right. So what other bars did the city park the Armadillo in front of aside from Park

Page 294 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 Q A

was going to stay a teen club. We don't know what he was going to do at that time, so we don't know what was going to happen.

Isn't the -- isn't the meaning behind your e-mail that you can't shut them down permanently until something happens, so I'm going to have people there focused on them so that once something happens we can get them.

MR. COHEN: Objection to the form of the question.

THE WITNESS: The idea is since we don't know if he was going to stay a teen club or go back to a bar we have to have people there to protect those kids and that we have to figure out what's going to happen, is he going to stay a teen club or go to a regular bar again.

BY MR. ELDRIDGE: Well, how would he go to a bar if they had lost the liquor license?

I don't know. I guess we've been back and forth on that one.

TouchĂŠ. How do -- how do cameras protect children?

Because if there is cameras there and we have

Page 296 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

6?

A I want to answer your question, so Michael, can I add something to that?

MR. COHEN: He wants you to -- you want to supplement a prior answer? I'm not sure I understand your question.

THE WITNESS: Well, he's saying just the Armadillo. We had cameras outside of the Armadillo.

BY MR. ELDRIDGE: Q I understand that.

A Okay.

MR. COHEN: He's got a specific question for you.

THE WITNESS: Okay. Armadillo outside of Park 6, and my confusion is I'm not sure if it was the Armadillo or just the cameras that we put, but on, in uptown we had it on Junction Avenue for two white bars that were there, and then on 525 Wisconsin Avenue I believe we put cameras there as well.

BY MR. ELDRIDGE: Q What was at 525 Wisconsin Avenue? Is that Bar 525?

A 525, yeah.

74 (Pages 293 to 296) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 74 of 120 Document 229-6

Page 297 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 And which two white bars?

A RJ's Place and I don't remember what the other one is. It's an Irish pub. Junction.

Q And you mean they were white owned or white -A White owned.

Q Okay. And were you having problems at those bars?

A Yes. Q What types of problems were you having there?

A Robberies.

Q Robberies, okay. And were those bars brought to due process by the PSLC? A Well, they -- they hadn't committed any crime or done anything wrong. They were robbed over and over and over again.

Q Okay.

A So the bar owners asked for the cameras to be there.

Q Got it. Did Park 6 ask for the cameras to be parked out in front of it?

A I don't remember if Alderman Naferet (phonetic) asked for it or whether he wasn't an alderman and asked for it or not, but one of the issues we had was the finger pointing back and forth that it was each other's problem, so I don't

Page 299 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

Sutherland forwarded this e-mail to?

A I recognize some of the names.

Q Do they have anything in common? I mean, are they all members of -- I recognize some are obviously City of Racine employees, but others have personal e-mails addresses on there. Do they have anything in common, to your knowledge?

A I don't know if this is part of the DRC board or if this is the member of the Downtown Design Review board. I don't know what group this is.

Q Okay. Is -- you know Doug Nicholson, right?

A Correct.

Q Is he on the DRC or was he then?

A I have no idea.

Q Okay. Mark Levine's on this e-mail, right, patmarklev@sbcglobal.net?

A If that's their e-mail.

Q Is he on the DRC board?

A I don't know.

Q How about Tom Friedel, is your city administrator and apparently your cousin, was he on the DRC board?

A Tom Friedel, I believe, sits in on the DRC meetings, yes.

Page 298 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

recall if he had asked for it or not.

Q I'm going to show you Exhibit 1035.

(Exhibit No. 1035 marked for identification.)

BY MR. ELDRIDGE: Q It's fairly lengthy, but it seems to be a Metro DRC report to Devin Sutherland. Do you see what I'm referring to on February 14, 2011? Do you see that?

A Okay. Yeah.

Q Okay. And then Devin Sutherland in turn forwarded it to a number of different people on February 14, 2011, middle of page 1?

A Okay.

Q First of all, is Devin Sutherland a part of the City of Racine government?

A No. The Downtown Redevelopment Corporation is a, what do they call it, a nonprofit? They're a redevelopment corporation of the city, but it's a nonprofit. I don't really know if we support them financially.

Q Okay. And did the DRC hire the Metro police department?

A I don't know if they do, but I believe they hired Metro police officers.

Q Okay. Do you recognize the people Devin

Page 300 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 Okay. And it was forwarded to you and Mr. Bach by a gentleman by the name of Dr. Dean Rosenberg, right?

A Correct.

Q And do you know Mr. Rosenberg?

A Yes. He is the eye doctor just down the street on 6th Street.

Q Okay. And I assume that you reviewed the e-mail communication from Mr. Rosenberg and the DRC report from Metro police?

A Yeah, I took a look at it.

Q Okay. And it involves, what, 6th Street, Park 6?

A This is kind of a review of what happens, a log for that. I think Devin would give out a log of what happened on Friday nights and Saturday nights.

Q All right. And in any event, nine days later you forward it to Aron Wisneski and Jeff Coe. A Okay.

Q Why? A I believe because this involved people being injured at -- at -- on 6th Street.

Q You said, when you forward it to Mr. Wisneski and Jeff Coe, that, "We need to discuss this,"

75 (Pages 297 to 300) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 75 of 120 Document 229-6

Page 301 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

in all caps with an exclamation point, correct?

Correct.

All right. And I assume that that precipitated a conversation between the three of you?

I don't know if it did or it didn't, but I e-mailed them to discuss this.

And what was -- what was the plan? What did you want to discuss with them? What was the point?

Well, the point was again we had another incident at Park 6 and I'd like to get to the bottom of what happened and get their advice on what their thoughts were on this activity that happened that night.

And it's your testimony that notwithstanding the fact that you initiated that contact with these aldermen and you told them that we need to discuss this, in all caps with an exclamation point, that you didn't take any position or make any suggestion in terms of whether or not you wanted Park 6 closed down?

The -- Jeff Coe was the alderman of the district and Aron Wisneski was the alderman for the PS&L, I believe, at that time, so I wanted to discuss this with them.

Page 303 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 And was the determination that you suggested to continue to call Park 6 back into the PSLC and refer it to due process until its license was revoked once and for all?

A I don't make that determination.

Q Was that your suggestion?

A No. Q Was that a discussion you had?

A No. My suggestion is to find out what happened that night.

Q Did you -A Someone was obviously injured.

Q Well, I could show you reports from Kenny's on Main and there were people injured there left and right, and did you ever communicate any of those injuries to the district alderman and the chief of the public safety -A If they were brought to my attention.

MR. COHEN: Objection.

BY MR. ELDRIDGE: Q You've got to let me finish the question.

MR. COHEN: Yeah.

BY MR. ELDRIDGE: Q Did you ever communicate those injuries to the district aldermen and the chief of the public

Page 302 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 And did you tell them that you wanted Park 6 shut down?

A I don't know what I told them at that time.

Q Were you targeting Park 6?

MR. COHEN: Objection to the form.

THE WITNESS: I don't know what I talked to them about at the time.

BY MR. ELDRIDGE: Q Looking back on it, having seen these e-mails and your consistent involvement in communications with alderpersons about Park 6, does it refresh your recollection as to whether you wanted Park 6 shut down?

MR. COHEN: Objection to the form of the question. Go ahead.

THE WITNESS: When you have consistent problems like this at a bar or any establishment whatsoever my job is to try to determine how we're going to deal with it, and talking with the aldermen and the chief and the aldermen of the district we are always trying to figure out how to determine how we're going to deal with these situations. That's what we do.

BY MR. ELDRIDGE:

Page 304

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

safety and licensing committee?

MR. COHEN: Objection to the form, assumes facts not in evidence.

MR. ELDRIDGE: They'll be in evidence.

MR. COHEN: Left and right?

MR. ELDRIDGE: Basically. Up and down, left and right.

MR. COHEN: That's your opinion testimony, right?

MR. ELDRIDGE: Kind of. I mean, I don't -- I think it's -MR. COHEN: So when you ask a question and you say something like, "There are fights left and right," that's your testimony.

MR. ELDRIDGE: Well -MR. COHEN: Your characterization of records you've reviewed, right?

MR. ELDRIDGE: I don't think anyone can reasonably think otherwise, but...

MR. COHEN: Left and right? What does that mean?

MR. ELDRIDGE: A lot.

MR. COHEN: Okay. Go ahead.

THE WITNESS: Could you state the

76 (Pages 301 to 304) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 76 of 120 Document 229-6

Page 305 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

Q A

Q

question again? You guys were kind of -BY MR. ELDRIDGE: Did you ever report the frequent instances at Kenny's on Main where patrons were getting injured to the district alderperson and the chief of the public safety and licensing committee?

MR. COHEN: Objection, assumes facts not in evidence, assumes he had knowledge of any such events, form of the question.

THE WITNESS: I don't know how many events happened at Kenny's.

BY MR. ELDRIDGE: Yeah, so I mean, it's your -- it's your recollection that you weren't receiving information about events at Kenny's.

MR. COHEN: What's the question?

BY MR. ELDRIDGE: Right?

What's the question?

MR. COHEN: I didn't hear what you said.

BY MR. ELDRIDGE: Let me reform it. You don't recall receiving information about events at Kenny's then,

Page 307 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 A

Q

A

that matter, so I might not be as aware of what was going on at Kenny's.

BY MR. ELDRIDGE: Did you read the newspaper?

No. I don't read the newspaper.

You don't read the newspaper?

No. Did you expect the police department to advise you of repeated violent incidences at bars in the City of Racine?

I asked them to do that and when -- they have been doing that more and more lately because I've been pushing a little harder over the years to make sure they keep me abreast of as to what's going on, so...

But it was a problem back then?

I wasn't getting the reports as often as I wanted to on what was going on for major events going on around the city.

More particularly you were only getting reported on minority-owned bars with minority patrons?

That has nothing to do with it. It has to do with anytime there is a homicide in town, anytime there is a major gang arrest, anytime

Page 306 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

right, police events?

A I only believe, as I testified earlier, that I had one -- one time that somebody informed me about what was happening at Kenny's when someone was injured.

Q So if there's more violent events at Kenny's than there is at Park 6 or than there is at Place on 6th does it strike you as unusual that the members of your city government, in particular the police department, are only informing you of the events at Place on 6th and Park 6 -MR. COHEN: Objection.

BY MR. ELDRIDGE: Q -- and not Kenny's?

MR. COHEN: Sorry. Objection to the form of the question, assumes facts not in evidence.

THE WITNESS: Well, the first thing that is the biggest difference was DRC was doing these regular reports on the weekends, and if there was an issue with anything going on then I would often times get copies of it.

There was no group like that doing work on a regular basis for Kenny's or that area, for

Page 308 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

A Q

A

Q

there's major drug dealings that are broken up, whatever the case is.

Well, were you advised about homicides?

Yes. So you knew about the homicides of the white-owned bars?

At the what?

Did you know about any homicides in white-owned bars?

I was informed of the homicides.

Okay. And did you as mayor or CEO of the City of Racine take or initiate any action to address the homicides when they occurred at white-owned bars?

Yes. I also asked the police to give me a report when they knew exactly what happened.

Okay. And did you forward any information that you obtained from the police to the sitting district men and the chief of the public safety and licensing committee like you did for Park 6?

Yes. MR. COHEN: District men?

BY MR. ELDRIDGE: District aldermen? He understood me.

77 (Pages 305 to 308) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 77 of 120 Document 229-6

Page 309 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 A Q

MR. COHEN: Go ahead.

THE WITNESS: Yes, I would talk to them if I got the information, I'd talk to the aldermen about it.

BY MR. ELDRIDGE: So there should be e-mail communications similar to this.

Or I simply talked to them about it.

When there was a homicide out of Envi last year what did you do?

I received a call in the middle of the night and I asked the chief when he got all the information together to brief me in the morning.

And then what did you do once you got the brief?

I contacted the aldermen who had already contacted me by then, and we got to find out what happened, but we couldn't talk about it because there was an investigation in process and they hadn't -- they hadn't found the person who committed the crime yet.

Have they now found that person?

Yes, they found them, I think within 48 hours.

Okay. And has the owner of Envi's been brought

Page 311 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

did or they didn't.

BY MR. ELDRIDGE: Q Have you spoken to Mr. Nicholson about it?

A I know Mr. Nicholson told me that he immediately that night provided all the videotape that he had, as well as the Journal Times did, and I believe we had some cameras on Main Street that picked up, and the chief told me that all the people that he talked to were very helpful.

(Exhibit No. 1036 marked for identification.)

BY MR. ELDRIDGE: Q And Mr. Mayor, this is an e-mail from David Smetana to William Maceman? You recognize them as members of the Racine Police Department?

A I believe they were both members of the Racine Police Department at that time.

Q Okay. And Mr. Smetana advises Mr. Maceman that the judge has reinstated the liquor license to Park 6 and that they're going to go ahead with plans as we spoke of this morning, including the nuisance property complaint and going after his cabaret license. Do you see what I'm referring to there?

A I see what it's written on here, yes.

Page 310 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

Q A Q

before the public safety and licensing committee to deal with the fact that the homicide occurred right outside of its doors?

MR. COHEN: Well, object. That assumes facts certainly not in evidence.

THE WITNESS: It happened, actually, right in front of a toy store.

BY MR. ELDRIDGE: Okay. How far down from Envi?

I don't know. Maybe a storefront or two.

The patron who got shot had just left Envi and was returning to Envi when he got shot?

I don't know the -- the circumstances of that.

So it was written up by the police department as not occurring at Envi?

MR. COHEN: Objection, foundation.

BY MR. ELDRIDGE: Do you know?

The shooting happened on Main Street in front of a toy store.

And so it's not something that the public safety and licensing committee even called Mr. Nicholson in to speak about, is it?

MR. COHEN: Objection to foundation.

THE WITNESS: I don't know if they

Page 312 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 And you were aware of the plans that were spoken of in terms of the nuisance property complaint and going after Mr. Holmes' cabaret license, weren't you?

MR. COHEN: Objection. Time? Are you asking at this time?

BY MR. ELDRIDGE: Q Yeah. Before -- before Mr. Smetana sent this e-mail.

A I don't know because I'm not involved in this e-mail string that I can see of.

Q Did you have any involvement in the nuisance complaint against Park 6?

A The -- which one? You mean the one where -the one that you gave me earlier where he raised his hand or something?

Q No. There was a separate nuisance complaint filed against Park 6.

A I might have been. I don't know.

Q You might have signed an affidavit that supported that complaint?

A I may have.

Q Did you do one for Place on 6th too?

A I don't know. I don't remember.

Q And do you know what Mr. Smetana means when he

78 (Pages 309 to 312) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 78 of 120 Document 229-6

Page 313 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

refers to the plan of going after Mr. Holmes' cabaret license?

MR. COHEN: Objection, calls for speculation.

THE WITNESS: I don't know what he means.

BY MR. ELDRIDGE: Q Does it appear to you that the members of the City of Racine Police Department had a plan to shut down Park 6 and target its activity?

MR. COHEN: Objection to form.

THE WITNESS: I don't know. All I know is that when -- one of the things I do know is that when Tommy and Park 6 had opened up they had come to a planning commission meeting, I believe, saying they were going to be a restaurant and a bar, and then they were going to change that from a full restaurant to just paninis and small sandwiches, and we found out later that they weren't even doing that, it was just a bar.

BY MR. ELDRIDGE: Q And is that reason to revoke the license?

A Well, actually, when you come in for a -- to the city planning commission and you get an

Page 315 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

THE WITNESS: I'm just stating to the fact that I do not believe that they fulfilled their occupancy permit by, or followed the rules within the occupancy permit and did not move to change the occupancy permit to meet their requirements.

(Exhibit No. 1037 marked for identification.)

BY MR. ELDRIDGE: Q Exhibit 1037, and I am really just referencing -- what did I mark this as, first of all? I apologize.

MR. COHEN: 1037.

BY MR. ELDRIDGE: Q I just said that. 1037, okay. There is a calendar invitation sent on your behalf from Greg Bach to Greg Bach and David Smetana, true?

A Correct.

Q And it's dated May 20 -- or actually, it calls for a meeting on May 25, 2011; is that correct?

A Correct.

Q And the meeting is to discuss or the proposed meeting is to discuss uptown and Park 6.

A Correct.

Q Mr. Smetana advised that he was unable to make this. Do you recall meeting with Mr. Smetana

Page 314 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

occupancy permit to do one thing you're supposed to do that, and if you don't you have to come back to the planning commission and ask them to change their licensing, because the only way to get the occupancy permit is to fulfill the things that you do when you ask for the occupancy, because that's what the city is assuming that you do, so in other words, you can't go in and say I'm going to be a -- a dress shop and then turn it into a pornographic shop or tattoo parlor or something that's completely differently than that. So I am not sure that whether they came back or not to the city planning commission on a regular basis, but they did not fill, fulfill, that we saw, any of their requests to serve food whatsoever.

Q And do you believe that serving food would have somehow changed the dynamic of Park 6?

A I don't know if it would or not, but that's what they came in originally and I believe they told us that they were going to do.

Q And was that the reason the city was targeting Park 6, was because they didn't serve food?

MR. COHEN: Objection to the form, assumes facts not in evidence.

Page 316 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

on uptown and Park 6?

A I don't recall if we met or not.

Q Do you recall what you wanted to meet on with Mr. Smetana for uptown and Park 6?

A I do not.

Q What's uptown?

A Uptown is our district just outside of downtown as you drive west on Highway 20.

(Exhibit No. 1038 marked for identification.)

BY MR. ELDRIDGE: Q I'm going to hand you 1038. Hold on a second.

1038. I know you don't have a copy of it. Do you have two copies of that, Mr. Dickert?

Could you give one to Mr. Cohen, please?

A Oh, I do.

MR. COHEN: Thank you.

THE WITNESS: Sure. This doesn't have a sticky either.

MR. COHEN: That's okay.

BY MR. ELDRIDGE: Q So this is -- these are, I'm sorry, meeting minutes for the public safety and licensing committee meeting on June 20, 2011, true?

A Yeah.

Q And at this point there was a recommendation at

79 (Pages 313 to 316) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 79 of 120 Document 229-6

Page 317 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

the committee level for nonrenewal of Park 6's license, correct?

MR. COHEN: Are you asking if -THE WITNESS: Correct.

MR. COHEN: -- that's what this states?

THE WITNESS: That's what this states.

BY MR. ELDRIDGE: And according to this document David Smetana, who you had just recently seven days earlier proposed to meet with concerning Park 6, spoke to the committee about the establishment, correct?

Yes. I forgot that at this time he was actually serving as the acting chief. This must have been during the transition.

The transition after Chief Whalen -Retired.

Okay. Before Mr. Howell -Was hired, correct. We did an actual search.

Okay. So does this refresh your recollection that you had, the reason you had wanted to meet with Mr. Smetana was to discuss how to deal with Park 6 and in particular to determine that

Page 319 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 That's what it says.

Q And the committee rejected his request and recommended denial of his license, true?

A That's -- looks like what they did.

Q And do you remember -A Denying his license.

Q Pardon me?

A Denying his license. I don't know what they did regarding his waiting or anything else.

Q Regarding his?

A You said -- you said his waiting. I don't know if they waited for him or not, but they obviously voted to deny the license.

Q 1039?

A Yup, yeah, that one would be 1039.

Q The one I mark.

A Yeah.

(Exhibit No. 1039 marked for identification.)

BY MR. ELDRIDGE: Q Have you seen this e-mail before, Mr. Mayor?

A I have not.

Q So July 30, 2009 Mr. Smetana, again, a member of the Racine Police Department, writes to Charles Weitzel? Who is Charles Weitzel, do you know?

Page 318 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

the process would be to recommend nonrenewing its license?

I don't have -- I said before I don't know why we were meeting on this date.

Well, did you meet with Mr. Smetana before this public safety and licensing committee meeting to discuss nonrenewal of Park 6's license?

I have no idea. You'd have to see my schedule.

I just got it last night, so maybe we can figure it out.

All right. If he's the acting chief he and I are going to have to brief each other on a lot of issues if he's the acting chief.

Well, you identified Park 6, which is why I was asking as one of those issues.

It also identified uptown, so I don't know what we spoke about, but I forgot that he became the acting chief, so I'm sure there's a lot we'd have to catch up on.

All right. In any event, Mr. Holmes, as you can see in the meeting minutes, after Mr. Smetana's discussion requested that the meeting be adjourned because his attorney was not available but was en route? That's what it says?

Page 320 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 I am not exactly sure who Chuck Weitzel is. I believe he's just one of our officers.

Q Okay. And drawing your attention to the end of the second paragraph Mr. Smetana suggests that "You may want to check Park 6 and Second Time Around if Ginger's is a bust," and then proceeds to say, "Happy hunting. Let me know how it goes."

Is this the state of mind of your police department, was that it was hunting offenses for minority-owned bars?

MR. COHEN: Objection to the form of the question. How do you know he wasn't going hunting?

BY MR. ELDRIDGE: Q Is that -A I have no idea what this e-mail means. It's between two police officers.

Q Okay. I'm asking you, because you're in charge of the police department, that your officers were describing their efforts, specifically related to Park 6, Ginger's, and Second Time Around as hunting?

MR. COHEN: Objection, assumes facts not in evidence.

80 (Pages 317 to 320) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 80 of 120 Document 229-6

Page 321 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

Q

Q

BY MR. ELDRIDGE: Isn't that how you read this e-mail?

This isn't an e-mail to me. It's between two officers. I don't know how they -I understand.

-- what they're talking about.

They're under your supervision, they're your officers.

MR. COHEN: But that doesn't mean he can speculate as to what was meant by a sentence in an e-mail that he wasn't a recipient of.

BY MR. ELDRIDGE: Do you think that if in fact these officers meant that they were hunting down minority-owned establishments, do you think that that's a proper exercise of police activity?

MR. COHEN: Objection to form of the question. Go ahead.

THE WITNESS: I don't know what they're discussing in the e-mail.

BY MR. ELDRIDGE: But if that's what they were discussing, that they're hunting minorities?

Page 323 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

Okay. The one that says, "Excellent"?

Yes. Okay.

Dated September 29, 2011.

Okay.

Second paragraph refers to you. Do you see what I'm referring to? Why don't you read the paragraph.

Are you talking about the further reading of the -No, it's, "When I told the mayor."

MR. COHEN: Read the whole -BY MR. ELDRIDGE: You can read the whole e-mail.

I'm doing that right now.

Okay.

Okay.

Okay. My question to you is, well, the sentence says, "When I told the mayor I was dropping the Fair thing he seemed upset. He needs to let go and focus on the tasks at hand."

Do you know what Mr. Helding is referring to in reference to "him dropping the Fair thing"?

Page 322 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 I don't know what they're discussing in the e-mail.

Q Does this concern you?

A I don't know what they're discussing in the e-mail.

Q But whatever way you read the e-mail is it concerning to you?

MR. COHEN: Objection to the form.

THE WITNESS: I don't know what they're discussing in the e-mail, so how can I be concerned about something if I don't know what they're talking about here?

BY MR. ELDRIDGE: Q You don't draw any conclusions from the way this e-mail is phrased?

A No. Q Okay.

(Exhibit No. 1040 marked for identification.)

BY MR. ELDRIDGE: Q Exhibit 1040, I just had a brief question on it. At the top is an e-mail from Greg Helding to Aron Wisneski. Do you see what I'm referring to?

A The top one?

Q Yes, sir.

Page 324 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

MR. COHEN: Objection, calls for speculation.

BY MR. ELDRIDGE: Q If you know.

A I don't know. I'm reading through this entire e-mail, though, and if you look at the bottom this is Mike Ottoline that made these comments.

Keith Fair had a propensity of making some statements that I thought were inappropriate on the council floor, and often times I had told the aldermen that it can't be me that constantly tells him that he needs to be respectful, sometimes it's important for the aldermen to say Mr. Fair, you need to be respectful to your -- to your colleagues.

You'll see in a most recent council meeting that Alderman Morgan Roth told Alderman Weidner the same thing, so I don't know if this was regarding a floor argument we had or what this was about. I have no idea what this was about.

Mr. Fair showed a great deal of disrespect on the floor of the council, and I'm not sure at this time if Greg Helding was the president of the council or not, but it would have been his job to keep control of the council floor if

81 (Pages 321 to 324) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 81 of 120 Document 229-6

Page 325 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

Veritext Legal Solutions 1 North Franklin Street - Suite 3000 Chicago, Illinois 60606 Phone: 312-442-9087

Mr. Fair was not listening to me.

Q Could we just take two minutes? I want to be done.

THE VIDEOGRAPHER: Off the record, 4:32 p.m.

(Short break was taken.)

THE VIDEOGRAPHER: We're back on the record at 4:35.

BY MR. ELDRIDGE: Q Okay. So I'm going to complete my examination today. The parties have agreed to continue Mr. Dickert's deposition at a mutually convenient time to go over the campaign finance and related issues in the case, and my estimate would be that that examination will be in the neighborhood of two hours. Fair?

MR. COHEN: That's our agreement.

MR. ELDRIDGE: Okay. Very good.

Thank you.

THE VIDEOGRAPHER: This will conclude the testimony for today. We're off the record at 4:36 p.m. Four disks were used.

(Proceedings concluded at 4:36 p.m.)

July 29th, 2015 To: Michael J. Cohen Case Name: Holmes, Thomas J., et al. v. Dickert, John, et al.

Veritext Reference Number: 2084099 Witness: John Dickert Deposition Date: 7/10/2015 Dear Sir/Madam: Enclosed please find a deposition transcript. Please have the witness review the transcript and note any changes or corrections on the included errata sheet, indicating the page, line number, change, and the reason for the change. Have the witness’ signature at the bottom of the sheet notarized and forward errata sheet back to us at the address shown above, or email to production-midwest@veritext.com.

If the errata is not returned within thirty days of your receipt of this letter, the reading and signing will be deemed waived.

Sincerely, Production Department

Page 326 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

STATE OF WISCONSIN ) ) ss.

COUNTY OF MILWAUKEE ) I, ANNICK M. JAQUET, RMR, CRR, Notary Public in and for the State of Wisconsin, do hereby certify that the preceding deposition was recorded by me and reduced to writing under my personal direction.

I further certify that said deposition was taken at MEISSNER, TIERNEY, FISHER & NICHOLS, S.C., Milwaukee, Wisconsin, on the 10th day of July, 2015, commencing at 9:06 a.m. and concluding at 4:36 p.m.

I further certify that I am not a relative or employee or attorney or counsel of any of the parties, nor a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action.

In witness whereof, I have hereunto set my hand at Milwaukee, Wisconsin, this 29th day of July, 2015. <%Signature%> ANNICK M. JAQUET, RMR, CRR Notary Public in and for the State of Wisconsin My commission expires September 29, 2017.

1

DEPOSITION REVIEW CERTIFICATION OF WITNESS

2 3 4 5 6 7

ASSIGNMENT NO: 2084099 CASE NAME: Holmes, Thomas J., et al. v. Dickert, John, et al.

DATE OF DEPOSITION: 7/10/2015 WITNESS' NAME: John Dickert In accordance with the Rules of Civil Procedure, I have read the entire transcript of my testimony or it has been read to me.

I have made no changes to the testimony as transcribed by the court reporter.

8 9 10 11

_______________ ________________________ Date John Dickert Sworn to and subscribed before me, a Notary Public in and for the State and County, the referenced witness did personally appear and acknowledge that:

12 13 14

They have read the transcript; They signed the foregoing Sworn Statement; and Their execution of this Statement is of their free act and deed.

15

I have affixed my name and official seal 16

this ______ day of_____________________, 20____.

17 18 19

___________________________________ Notary Public ___________________________________ Commission Expiration Date

20 21 22 23 24 25

82 (Pages 325 to 328) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 82 of 120 Document 229-6

1

DEPOSITION REVIEW CERTIFICATION OF WITNESS

2 3 4 5 6 7 8 9

ASSIGNMENT NO: 2084099 CASE NAME: Holmes, Thomas J., et al. v. Dickert, John, et al.

DATE OF DEPOSITION: 7/10/2015 WITNESS' NAME: John Dickert In accordance with the Rules of Civil Procedure, I have read the entire transcript of my testimony or it has been read to me.

I have listed my changes on the attached Errata Sheet, listing page and line numbers as well as the reason(s) for the change(s).

I request that these changes be entered as part of the record of my testimony.

10 11 12 13

I have executed the Errata Sheet, as well as this Certificate, and request and authorize that both be appended to the transcript of my testimony and be incorporated therein. _______________ ________________________ Date John Dickert

14 15 16 17 18 19 20 21 22 23

Sworn to and subscribed before me, a Notary Public in and for the State and County, the referenced witness did personally appear and acknowledge that: They have read the transcript; They have listed all of their corrections in the appended Errata Sheet; They signed the foregoing Sworn Statement; and Their execution of this Statement is of their free act and deed.

I have affixed my name and official seal this ______ day of_____________________, 20____. ___________________________________ Notary Public

24 25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

___________________________________ Commission Expiration Date

ERRATA SHEET VERITEXT LEGAL SOLUTIONS MIDWEST ASSIGNMENT NO: 2084099 PAGE/LINE(S) / CHANGE /REASON ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ _______________ ________________________ Date John Dickert SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF ________________________, 20______ . ___________________________________ Notary Public

24 25

___________________________________ Commission Expiration Date

83 (Pages 329 to 330) Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 83 of 120 Document 229-6

Page 1 A A-R-N-D-T 143:23 153:24 a.m 1:20 7:13 58:20,23 117:9,14 326:11 aback 292:4 able 26:21 103:7 148:4 198:13 abreast 307:14 absolutely 88:19 169:21 282:3 accept 129:7 182:7 acceptable 68:12 215:14 accessible 268:2 accomplished 66:7 account 233:24 accountability 139:24,25 accurate 96:4 184:10 240:20 251:17 acid 11:21 acknowledge 55:16 328:11 329:16 acknowledged 164:25 167:5 act 328:14 329:20 acting 181:7 317:16 318:11,13,18 action 308:12 326:18 actions 97:19 139:15 225:15 246:3,4 active 59:19,21 197:6,13 211:25 actively 138:16,23 139:8 143:10 200:2,5 233:1 239:10 243:7 activist 211:23 212:1,2,6 activities 33:25 36:13 69:13 198:13 227:3 232:4 263:8,25 264:1,3 activity 71:15,19 196:17 196:24 263:14 265:15 286:9 301:13 313:10 321:18 acts 135:7 actual 240:7 317:21 add 133:11 296:3 added 133:6

addiction 91:20 Addison 44:7 addition 179:17 address 29:12 30:2,18 31:20 73:1 169:13 271:17 308:13 327:16 addressed 169:12 addresses 299:6 addressing 31:6 266:13 adequately 211:20 280:18 adhere 125:3,10,15,24 129:6 130:22 131:16 adjourned 287:7 318:23 administrator 93:14,16 93:19,21 128:23,24,25 299:22 admit 224:9 admitted 246:7 adopt 275:2 adopted 276:19 advance 229:3 advancing 231:16 advice 210:7 228:23 229:7 233:10 256:15 301:12 advise 117:20 307:8 advised 117:22,23 118:3 289:3 308:3 315:24 advisement 282:20 advises 311:18 advisor 234:19 affairs 43:13 affect 11:22 74:18,24 76:9,18 78:14 80:2 88:23 177:4 affidavit 12:18 254:21 312:20 affirmatively 253:18 affixed 328:15 329:21 African-American 33:20 38:6 39:5 40:17 72:25 79:13 104:16,24 194:4 194:5,6,10 211:23 212:1,3,4,5 242:21 244:11 249:21 African-Americans 55:12 78:19 105:2

253:24 AFSCME 254:19 agenda 29:17 145:6 206:13 238:20,21 239:8 239:12 240:19 241:22 242:5,7,8,13 251:17 254:11,14 262:1 269:5 agendas 206:7 231:16 agent 49:22 153:21 176:2 ages 41:1 aggressively 197:14 ago 10:2,4 24:16,19 61:19 83:25 215:11 249:20 251:10,20 262:4 281:2 agree 7:9 68:14,18 74:17 74:23 76:8,17 81:11 83:24 96:3,22 97:1 98:2 99:7 100:7 115:25 127:10 130:5,16 134:3 140:5 142:13 161:19 162:4 167:24 188:4,23 188:24 189:7 216:11 226:24 249:7 265:14 270:20 agreed 188:2,6 250:23 256:21 293:4 325:11 agreement 3:19 123:1,2 185:19 187:11,12,13,16 187:19,20 188:2,6,17 188:23 189:1 251:4 292:23 325:17 agreements 122:23,24,25 188:19 agrees 185:24 188:11 Ah 209:23 ahead 18:8 24:1 27:18 30:6 31:25 32:18 56:19 63:20 70:6 80:24 81:6 81:23 82:2,11 84:18 86:7 87:14 88:25 92:8 92:15,22 118:8 124:17 128:12 129:9 131:11 133:6 136:6 137:8,23 139:1 140:20,25 141:21 142:3 144:18 157:6,19 160:10 187:25 189:8 193:2 218:14 220:21

233:5 249:19 269:23 277:2,15 302:15 304:24 309:1 311:20 321:20 al 1:5,11 7:17 72:18,20 327:6,6 328:3,3 329:3,3 alcohol 79:5 292:15 alder 31:5 105:22 106:18 106:21 alderman 15:3,5 105:6 107:6,9,12,22,24 108:25 109:8,10 111:9 138:3,4,8 164:13,15 167:3,9,17 169:17 208:24,25 209:14,18 212:6 228:21 229:15,16 229:18,21,23 230:14 231:11 232:13,16 235:6 236:3 242:14 243:4,8 243:17,17,25 244:2,4 244:13,13,14,16,23 245:22 246:4,5,10,16 246:18,20,23 247:9,11 247:12,25 248:3 249:7 249:8 251:22 262:22 272:12,17 275:6,12 297:21,22 301:22,23 303:16 324:17,17 alderman's 3:8 93:3,11 133:19 209:22 aldermanic 94:14 210:2 210:12,19,20,23 229:11 aldermen 22:23,23,24,25 40:10 71:16 95:17 103:19 106:15 107:3,17 122:1,6,10 140:2 220:23 236:2 244:11 252:10,12 272:11 301:17 302:20,21 303:25 308:25 309:4,17 324:11,14 aldermens 116:24 alderperson 165:10 305:5 alderpersons 96:2,21 101:14 106:12 110:22 115:17 116:1,11 117:2 118:24 120:3,5,12,15 120:20 121:7 272:6

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 84 of 120 Document 229-6

Page 2 302:11 alibi 25:23 26:2,4 alive 138:6 allegation 9:21,23 73:16 73:17 allegations 9:20 allegedly 73:14 alleviate 267:17 allow 53:11 127:25 allowed 110:23 162:19 276:16 allows 129:12,23 America 91:23 American 193:22,23,24 289:14 amount 38:12 131:23,24 287:15 288:7 analysis 90:10 Anderson 209:9,14 210:15 Annick 1:24 7:25 326:3 326:23 announce 211:1 announced 210:25 211:2 221:11 announcing 195:15 answer 10:18,18 11:3,15 12:8 18:8 19:18 31:25 54:20 56:19 62:1,21 63:20 64:24 73:22 81:13 82:9,11 83:6,16 84:22,24 85:2,6,10 86:13,17,20,20 87:1,4,5 87:7,10,12 89:1 94:2 100:21 124:17 125:7 127:24 136:6 137:8,23 141:21 142:3 143:7 149:8 150:16,23 151:1 151:4,5,11,13,21 152:4 152:5,6 156:14 157:6 157:19 160:11 214:25 215:14 216:2,12,14 217:15,17 218:2,3,4,23 222:5,11 223:9,14 233:5 237:22 240:3 265:21 271:21 272:2 273:12 296:2,5 answer's 125:21

answered 70:6 79:23 83:1,14,19 84:18,19 85:24 86:1,7,10,12,15 86:18 89:12,23 90:22 97:18 127:19,19 130:1 143:15 149:12 150:2,15 150:17 151:21 155:22 184:19 218:20 219:1,5 219:7 222:3 223:3 240:16 answering 184:17 216:1 217:18 answers 85:19 anticipated 286:19 anybody 172:16 201:21 anytime 307:24,25,25 anyway 230:20 anyways 87:19 apartments 47:11 195:9 apologies 33:20 apologize 21:8 35:3 89:17 138:5 273:1 279:10 281:1 315:11 apologized 246:6 apparently 8:16 169:12 272:5 299:22 appear 8:19 176:3 273:14,16 313:8 328:11 329:15 appearance 153:20 appeared 59:4 75:17 153:25 Appearing 2:5,10,14 appears 159:20 163:23 appended 329:11,18 applied 69:8,9 70:2,3 apply 68:20 appoint 101:19 102:5,7 105:13 106:12,15 107:23 108:15 appointed 104:16 105:1 105:6 107:25 164:18 165:10 167:4 176:13 179:25 213:2,5 appointing 102:11 appointment 246:18 appointments 101:25 105:11 106:4 220:24

appoints 101:16 appreciate 21:17 95:2 149:6 150:22 219:21 appropriate 6:5 80:9,12 80:17,19 83:12 86:4 131:6 136:1,10 139:5 139:10 142:21 143:9 155:4,8,14,18 156:10 157:2,15,25 158:9,16 159:24 165:24 177:9,18 178:8 184:13 204:23 approval 113:8 132:11 277:23 approve 124:3,9 277:18 approved 132:12 276:20 277:22 approving 124:6 approximately 172:21 April 39:21 234:9,10,11 apt 295:4 area 47:16,18,20 103:6 189:19,20,21,22 190:16 190:16 194:25 195:2 202:14 249:24 250:19 250:24 286:1,14 295:1 306:25 areas 207:20 arguable 149:25 arguing 89:15 180:9 argument 181:24 245:21 246:1 252:2,6 256:19 275:20 276:1 324:19 argumentative 214:11 Armadillo 295:11,12,15 295:19,21,25 296:8,9 296:15,17 Armenian 170:1,1 Arndt 143:23 153:24 159:20 160:12 161:14 163:23 164:4 165:17 Arndt's 154:2 164:22 165:22 166:15 167:5 Aron 5:12 266:8 300:19 301:23 322:22 arrest 201:21 307:25 arrested 201:12 arrests 144:15 article 52:21 245:3

articles 57:8,19 91:1 articulate 241:16,19 articulated 199:3 241:15 arts 196:20,21 ASAP 281:18 Asian 38:6 aside 51:24 53:20 57:22 67:21 250:4 251:19 282:18 288:19 295:16 295:25 asked 12:23 24:6 26:1 34:13,17,19,23 46:15 48:19 59:5 61:12,14 62:7,8 63:4,9,21 65:12 70:5 79:22 81:10 83:21 84:18 86:7,20,22 87:3 89:11,22 90:21 105:1 127:18,19 129:25 143:15 149:12 150:2 151:10 155:21 156:8 157:13 184:18 205:20 208:24 209:1 217:11 223:5 228:23 229:5,7 232:11,15 233:6,9 234:3 240:15 241:6,23 247:4 250:2,4,7,17,18 259:6 260:5 271:18 272:2 283:1,15 286:15 287:22 288:13,15,18 297:17,22,23 298:1 307:11 308:15 309:12 asking 15:25 17:25 18:1 18:3,5,7 19:1,23 28:4 49:21 61:3 79:17 85:3 86:23 93:18 133:9,10 147:9 148:7,11,16 150:13 151:25 154:14 165:4 166:5 178:12 183:3 214:24 215:9 221:23 239:19 240:14 241:3,8,11 270:5,8 271:5 272:7,23 273:2 273:13 276:6 278:4 285:12,20 312:6 317:3 318:15 320:19 asks 263:3 Aspen 42:11 assembly 44:11 247:13

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 85 of 120 Document 229-6

Page 3 assign 116:11 ASSIGNMENT 328:2 329:2 330:2 assignments 105:3 assisted 33:16,24 36:13 assisting 189:22 associate 74:8,20 76:5,14 78:8,11 79:6,20 assume 10:19,22 63:23 65:18 66:12,15 67:2 74:7 75:5 81:13 87:16 121:6 129:4,19 137:9 137:11 152:16 157:11 157:12,25 158:3 164:19 187:12 194:8 205:18 214:19 230:4 234:9 267:2 291:16 293:2 300:8 301:3 assumes 31:11 79:14 111:5 115:1 146:5,19 157:18 160:3 165:25 167:13 179:7 180:7 182:10,24 186:24 192:25 220:17 243:11 295:17 304:3 305:8,9 306:17 310:5 314:25 320:24 assuming 8:18 156:21 262:10 286:17 314:8 assumption 129:8 158:1 267:3 280:24 286:24 atmosphere 242:12 attached 6:20 266:13 329:7 attaching 113:5 attachment 121:24 attacking 235:5 attempting 53:2 attend 54:25 60:25 61:9 61:12,24 62:5 65:22 113:18 attendance 51:17,24 156:6,22 attended 50:18 62:16 67:18 attending 62:9 192:17 attention 28:23 31:17 72:5,7 172:24 190:23

258:7 289:6,7,8 303:18 320:3 attorney 6:25 14:6 82:10 123:5 186:12,16 187:5 188:16 276:4 318:23 326:14,16 attorney/client 19:22 248:10 attorneys 7:22 attributing 183:25 audio 7:8 August 42:17 176:4,14 177:23 authority 63:23 82:22 83:8,13 96:11,13,17 101:19,21 112:4 126:11 128:15 139:11 142:11 149:22,24 150:6 151:25 189:8 230:17 264:23 authorize 264:15,24 329:11 authorized 13:12 264:21 available 23:18 90:14 108:9 250:20 318:24 Avenue 1:19 2:12 7:15 143:21 189:24 193:21 202:16 289:15 296:19 296:20,23 average 60:9 175:7 award 198:5,8 aware 20:15 31:16 56:5 56:13,15 62:14,21,22 64:7 69:22 70:1 71:15 71:18,19 79:11 85:13 94:16 107:13,14 122:13 122:16 124:12,21 125:1 125:8 126:20 138:9 210:22 223:19 224:7 226:11 236:2 248:3,6 263:7,10,12 307:1 312:1 B B 3:1 4:1 5:1 112:20 123:8,21 Bach 35:19 36:20 226:23 258:8,12,24 260:6 284:16 285:11 300:1

315:16,16 back 11:12 17:7 22:2,3,6 30:17 32:20 33:1 49:25 58:22 59:3,25 65:10 66:6,21 67:3,5 82:16 84:10,23,25 85:2,4,18 86:15 106:10,20 117:11 129:2 144:5 146:21,22 152:12 197:25 198:2 208:16 216:24 234:17 235:16 239:11 250:23 252:18 253:12,24 254:10 268:1 275:8,12 277:8 280:25 281:23 283:24 284:9 293:22 294:13,21 297:24 302:9 303:2 307:16 314:3,13 325:7 327:15 background 107:12,15 250:16 backgrounds 107:17 backwards 136:10 273:23 bad 111:15 151:6 246:13 246:13 Badger 47:7 baggy 6:9 74:6,8,13,17 87:24 88:12,22 89:5 92:5 179:22 182:22 balance 104:9 balanced 102:25 bandanas 179:21 Banker 44:24 45:5,13 46:17 48:7 bar 80:16,17,21 81:3,15 81:18,21 82:5,19,23 83:5,25 84:9,14 123:3 125:4,11 130:23 131:25 136:23 137:5 138:24 142:14 143:20,21 144:15,24 145:14 150:8 153:21,25 154:21 155:10,20 156:25 157:13 158:7,14 159:2 159:14 161:10 163:18 167:10 170:20 172:1 173:8,12,16 174:21 177:25 185:19 187:21

188:25 189:14 190:15 190:24 191:7,15,16,20 192:10 193:17,19,24,25 226:3,6 227:15,16,19 235:15 248:25 249:1 251:22,23 261:20,22 262:6 266:1 286:7 288:8,19,22,25 289:2,7 290:17 293:22 294:13 294:16,19 296:23 297:17 302:17 313:17 313:21 bar's 125:16,25 140:7,11 Barbecue 251:8 Barca 43:2,3 barricades 164:6 168:23 169:3,14 bars 6:5 86:3 115:23 116:8,10,22 142:1,7,22 143:11 156:8 158:20 161:21 188:18 193:13 194:9 213:11,16 227:4 227:8,8 228:4,9,11,11 228:16,20 236:5,16,18 237:3,4 238:8,10 260:8 260:16,22 261:8,13,24 262:5 263:14 289:4,8 289:18,20 295:12,15,24 296:19 297:1,7,11 307:9,21 308:6,9,14 320:11 base 129:20 268:12 based 104:9 120:18 130:7 136:16,17 137:10 236:25 239:16 240:6,23 241:1 249:2 252:7 265:13 267:5 272:10 275:3 276:21 277:3,5 bashing 234:18 basically 196:11 200:19 200:25 246:11 304:7 basis 21:12 70:10 102:1 117:1 128:19 137:14 140:7,12,21 141:6,12 141:19 146:11,12 192:8 236:6 238:18 239:20,23 240:11,14,18,19,25 241:4,6,10,11,15,16,20

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 86 of 120 Document 229-6

Page 4 242:3 244:8,10 248:25 249:17 251:21 252:1,5 277:10 306:25 314:14 basketball 241:5 bathroom 278:19 bear 125:21 Becker 25:3,5,19,23 26:1 26:6,14 27:5 becoming 206:7 beer 119:23 177:25 beginning 44:21 117:12 155:16 164:3 208:17 258:9 283:25 behalf 2:5,10,14 8:4,5,7 26:14 258:18 315:15 behaving 182:6 behavior 92:2,6,13,20 belated 287:6 belatedly 111:4 beldridge@smsm.com 2:5 belief 242:10 249:1 251:22 267:10 beliefs 73:2 believe 6:4 10:1 13:14,25 14:19 15:1 25:17 26:12 26:15 33:13,23 39:15 40:10 50:14 53:18 55:18 56:2 64:20 69:1,5 69:7,12,17 70:16,19 71:4,9,12 73:7 79:5 84:7,11,19 85:24 86:2 86:10 90:19 94:12,13 95:16 96:4 106:10,20 110:10 112:21,25 115:18 118:21 121:5,11 122:19,22,24 123:6 129:10 132:18,22 133:16,21 134:1,17 136:9 137:1 138:1 141:25 142:6,21 143:22 156:4 170:1,8,18 172:18 185:18 188:10 193:3 194:3,17 206:4 210:25 220:10 221:8 223:10 228:1,6 231:24 232:11,23 239:7 242:5 243:20 244:3 245:12

248:2 253:5 259:5,19 260:11 263:21 264:6 265:24 267:9 278:11 281:17 285:16 290:16 293:9 295:3,23 296:21 298:23 299:24 300:22 301:24 306:2 311:7,16 313:16 314:17,20 315:2 320:2 believed 141:18 Bend 47:5,24 196:18 benefit 10:25 247:2,10 benefits 247:1 best 11:20 21:23 87:7 107:18 140:1 231:13 241:5 257:7,23 better 106:8 151:21 185:12 231:4 256:16,20 bias 130:16 131:1 Bielefeldt 9:18 225:22 big 46:21 213:10 bigger 110:25 229:19 biggest 46:15 47:25 196:8 306:20 bilingual 64:19,21 bill 51:20 52:24 53:9,14 53:17,18 bit 12:13 106:19 250:16 276:3 295:4 black 27:15 28:3,12,16 28:23 29:3,14 30:19,22 31:17 32:5 33:9 34:14 39:4 40:16 110:6 242:20 253:12,24 black-owned 193:25 blacks 30:2,14 blatantly 181:7 bleed 178:5 block 165:23 blockage 165:11 blocked 164:9,24 166:22 blocking 167:6,10 168:4 168:10 172:10 193:11 blocks 263:23 264:1,9,11 blogging 239:10 Blondie 77:23,25 Blue 45:15,19 47:1 blues 75:6 172:8 173:16

174:24 board 299:9,11,19,23 Bob 39:3 209:9,14,22 253:3 Bob's 209:13 bogus 224:2,8 book 94:9 born 41:4 bottles 177:25 bottom 95:7 97:3 163:17 164:4 178:22,23 258:9 266:6 274:11,19,21 279:14,24 284:16 301:12 324:6 327:14 bouncer 178:3 boxer 87:25 88:13 Boyd 12:13 14:18 24:8 36:3 boys 41:19 brain 178:5 break 12:3,5,9 44:19 58:21 112:7 117:10 152:7,11,15 166:14 196:13 208:11,15 278:17,20 283:20,23 325:6 brew 49:7 Brewhaus 48:15,24 Brian 2:3 8:3 brief 4:18 279:8,10 280:12 309:13,16 318:12 322:20 briefly 59:3 bring 21:20 29:5 32:20 33:1 45:13,15 46:21 47:15 48:8,14 132:18 142:22 146:12 194:24 195:1 broad 18:24 104:1 128:12 134:5 155:1 broken 196:23 308:1 brought 21:22 28:22 31:16 32:2 72:4,5,7 134:16 143:11 183:15 190:23 230:15 249:24 259:23 289:6,7,8,14 297:11 303:18 309:25 buck 98:8,22 139:18

budget 96:11,17 198:4 199:14 203:25 budgeting 199:7 building 33:7 47:7,11 49:22,23 164:7 169:4 250:5 295:9 buildings 47:18,20,22 bunch 203:11 business 46:16,21 48:21 49:6,18 67:24 68:2,6 95:15 194:25 195:1 227:15 250:22 267:20 businesses 30:12 45:14 47:16,23 48:2,9 119:8 189:19 192:17 227:19 292:9 bust 320:6 busy 180:18 222:15,17 Butch's 193:21 C C 2:1 cabaret 311:23 312:3 313:2 Caledonia 245:7,8,25 246:8 247:8 calendar 5:6 8:24 20:9,24 20:25 315:15 call 60:15 95:12 119:19 161:15 192:21 193:4,14 193:19,22 201:5 259:10 259:17 261:5 281:18 282:17 283:1 298:17 303:2 309:11 called 8:10 65:22 137:21 159:2,14 160:24 172:17 173:4 176:12 177:13,14 177:24 178:8 185:20 190:22 256:12 259:16 260:3 272:5 292:15 310:22 calling 167:11 259:3 261:2 281:22 282:2,6 283:8 calls 20:16 116:3 168:7 178:19 180:8 182:15,25 186:22,24 189:25 190:11 192:16,20 193:6

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 87 of 120 Document 229-6

Page 5 193:8 194:11 227:7 258:18 259:25 260:4,17 286:10 289:1,4,7,9 313:3 315:18 324:1 camera 75:20 263:19 cameras 263:1,7,10,12 264:4,16 265:3,15 291:4,19,22 294:23,25 295:3,7,8 296:8,18,21 297:17,19 311:7 campaign 20:5 22:2,7,17 26:25 27:13,23,24 28:1 28:15,20,24 29:2,6,10 30:21,23 33:10,16 34:3 34:7,9,14,18,19,20,21 34:24 35:5,7,10,12,19 36:11 38:20 59:6 60:6 60:17 138:8 143:10 229:4,6 232:22 234:19 254:12,16 325:13 campaigned 243:7 campaigning 194:19 campaigns 22:11 26:11 29:22 candidate 210:12,19,24 229:11 233:7 243:16 255:20 candidates 39:10 40:10 209:25 210:2,21 250:3 capita 206:23 capitol 42:20,24 caps 301:1,18 capture 263:25 265:15 captured 264:1,3,4 care 99:4,19 218:15 carefully 128:18 Carriage 174:2 cars 173:6 case 1:8 7:17,20 9:12,13 9:17,18,20,25 10:23 12:12,18 15:13 17:11 17:16 18:21 23:20 26:3 71:1,8 73:18 147:19 152:1 161:6,17 162:2 166:14 167:19 181:12 182:18 225:22 226:7 236:4 239:3 254:22 257:17,19 308:2 325:14

327:6 328:3 329:3 cases 135:18 catch 318:19 categories 20:7 Catherine's 41:7,8,9 Catholic 41:17 Caucasian 38:7 169:24 169:25 175:10 194:3 207:4 Caucasians 38:12,18 48:12 68:24 69:3,10,15 69:20,24 70:4 caught 191:12 199:25 cause 189:12,16 190:3 191:4,5,8,16,21 caused 230:22 causes 179:8 causing 178:5 cc'd 23:3 cell 7:6 census 38:8,15 center 30:10 32:21 33:1 centers 197:12 200:7,8 CEO 98:3 99:3,15,18 308:11 certain 16:22 97:19 118:3,24 120:2 130:4 131:16,23,24 143:10 176:16 223:1 236:16 237:2 238:7 246:21 276:16,17 certainly 71:7 204:11 310:5 Certificate 329:11 Certification 87:15 328:1 329:1 certifications 50:8 certified 1:25 6:1 87:20 certify 87:8,11,18 184:22 184:23 219:12,17 223:16 326:5,8,13 chain 87:24 234:1 chains 6:9 74:20,21,24 88:12,21 89:6 92:12 164:7 169:3 179:23 182:23 chair 40:13 55:5 103:11 103:12 121:16 249:22

288:1 chairs 103:13,14 chambers 109:13 change 112:6 132:7,19,21 132:24 133:3,15,17,20 133:24,25 154:21 230:18,18 313:18 314:4 315:5 327:13,14 330:3 change(s) 329:8 changed 154:4,6 161:10 314:18 changes 178:25 179:18 180:1 183:9 204:6 327:12 328:7 329:7,9 Chapter 275:15 characterization 234:22 304:17 charge 53:4 320:19 charged 25:14 251:2 Charles 319:24,24 cheaper 246:1 check 67:3 105:3,11 320:5 checked 176:19 Chicago 2:4 327:2 chief 72:6 73:13 90:13 97:25 98:2,5 191:3 224:2,12,19 231:6,7 264:25 265:1,10 269:11 269:16,23 270:9,16 271:24 275:3,18 278:10 285:11 288:9 302:20 303:17,25 305:6 308:19 309:12 311:8 317:16,18 318:11,13,18 chiefs 199:10,10 children 40:23,24 197:9 293:6 294:24 Chinese 38:6 Choice 197:10 chose 27:14 chronology 270:19,21 282:1 Chuck 320:1 churches 30:22,23,24 31:13 circle 59:3 circuit 280:13,21 281:14

circulated 121:6 circulation 93:8 circumstances 136:17,21 167:18 277:5 310:13 circumvent 259:4 261:2 circumvents 259:18 cities 96:1 100:11 198:17 232:8 citizens 136:24 190:7 245:11,14,20 city 7:18 22:4,19,20,21 24:20 29:4,18,20,23 30:8,16 37:17 38:2,4,13 38:19 45:9,12,14,16 46:22 48:9 55:20,23,25 56:4,7,9,16 60:24 61:9 61:23 62:11,14 63:5,12 64:7,20,21 66:3,14 67:21,24 68:3,14,18 69:1,17 71:16 73:10 89:25 90:4 93:14,16,17 93:19,21 95:11,15 96:14,25 98:1,3,5 99:3 99:4,6,18,19,21 100:15 101:1 106:8 108:20 109:2,6 112:11 116:10 116:25 123:5,12 124:13 128:23,24,25 132:1 156:20 162:17 165:9 167:9,25 179:25 180:15 183:6 186:12,15,15 187:4,4,20 188:4,14 195:5 196:7,24 197:15 200:7,11,13 202:19,20 204:1 207:4,16,20 213:9,16,24 216:23 225:9,16 226:5,14 227:9 229:20,24 230:2 230:9,11,23 231:2 232:5 233:8,11 235:7 236:2,4 238:13,15,24 244:12 245:10,16 246:1 246:8,9,9,24 247:1,2 248:4 249:8 252:14 253:14,25 254:18 264:1 268:11 285:17 291:16 292:15 295:12,15,21,24 298:15,18 299:5,21

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 88 of 120 Document 229-6

Page 6 306:9 307:10,19 308:11 313:9,25 314:7,14,22 city's 90:10 188:16 Civil 328:5 329:5 claim 54:11 clarification 133:4 161:23 clarify 51:25 Class 112:19 123:8,21 classes 50:2,4 91:22 clean 6:12 206:8,12 213:9 213:24 215:6 220:7,15 221:3 cleaned 213:11 cleaning 206:15 214:3 clear 72:14 117:19 125:20 183:22 198:24 203:6,20 273:25 clerk 123:12 clerk's 231:2 client 217:17 clientele 154:7,21 194:9 227:25 clients 43:25 44:9 clients' 263:14 close 171:16 closed 32:21 109:11,12 110:9,17,19,19,24 111:1,12,19 138:24 178:5 201:24 202:1 221:10 223:20 235:8 293:25 301:21 closer 69:14 164:7 169:3 clothes 88:7 cloud 250:21 club 292:14 293:17,21 294:1,12,16 Clyde's 251:8 coaching 182:13 coding 154:11 Coe 266:7 300:19,25 301:22 Cohen 2:12 8:7,7 15:19 15:25 16:12 17:7,22,24 18:3,8 19:1,8,11,14,20 19:23 20:12,16 21:3,8 21:14 27:17 30:5 31:10 31:22 32:17 37:19,22

49:12,20 55:21 56:17 61:2 63:19 66:18 70:5 75:2 79:14,22 80:13,23 81:5,22 82:2,6,11 83:1 83:11,17,20 84:2,16 85:5,9,16,21 86:5,22 87:1,9,13,17 88:2,24 89:11,15,22 90:21 92:7 92:14,21 93:9,18 94:20 95:1 98:10,23 99:8 108:12 111:4,8 114:25 115:20 116:3 124:16 127:11,18,22 128:4,8 128:11 129:13,25 130:17 131:10 132:1 133:5,8 134:10 136:5 137:7,22 138:6,10,18 138:25 139:12 140:14 140:21 141:7,13,20 142:2,8,18,24 143:12 143:15 144:2,17 145:1 145:18 146:4,18 147:2 148:14,19,23 149:7,11 149:16 150:2,19,24 151:2,9,14,17,22 154:13,22 155:1,21 156:12 157:4,18 158:10 160:3,19,21 161:2,13 162:13 163:6,13 165:4 165:13,25 166:4,11,23 167:12 168:1,7,13 171:22 172:4 174:8,12 174:16 175:2 177:6 178:12,18 179:6,12 180:3,7,11,16,21,23,25 181:3,11,17,20,23 182:2,10,15,24 183:4 183:18,23 184:4,6,16 184:21,25 185:7,11 186:19,22 187:7,24 189:4 192:25 194:11,13 203:4,7,10 205:5,9,11 205:15,18 207:8,14 214:11 215:23 216:5,8 216:16,22 217:2,6,11 217:14,20,22 218:4,6 218:11,14 219:6,9,13 219:19,23 220:1,17,21

222:2,8 223:3,8,12,21 224:4,8,14 225:12 226:18 227:5,17 233:4 234:21 236:7 240:8,15 241:21,25 242:23 243:1 243:10 244:20 248:6 249:11 255:5,7 263:15 264:18 268:15,18 271:4 271:10,25 272:7,13,16 272:19,23 273:2,13 274:17,20 276:6,24 277:3,10,14 278:4,6,19 279:7,16,18,22 280:5 281:3 282:22 283:15 287:5 291:7,13 294:9 295:17 296:4,13 302:5 302:14 303:19,22 304:2 304:6,9,13,17,21,24 305:8,17,21 306:13,16 308:23 309:1 310:4,16 310:24 312:5 313:3,11 314:24 315:12 316:14 316:16,19 317:3,5 320:12,24 321:9,19 322:8 323:12 324:1 325:17 327:5 Cohen's 16:10 Coldwell 44:24 45:4,12 46:16 48:7 collapsed 193:15 colleagues 324:15 collect 261:7 collective 88:20 college 42:2,10 color 88:1 173:13 248:5 249:1,4,10,13 combined 227:9 come 45:22 59:23,25 102:14 116:25 130:8,16 135:4,23 140:12,22 141:2 151:20 152:7 170:19 188:18,22,25 220:9 232:11,15 233:7 313:15,24 314:3 comes 105:24 196:15 197:7 269:5 comfortable 29:18 coming 21:10 107:4

137:2 173:3,6 183:16 197:22 220:23 221:16 245:9 247:6 259:8 262:1 265:20 295:2 commencing 326:11 comment 156:16 166:7 247:11 comments 205:18 227:7 236:20 253:11 324:7 commercial 45:8,11 47:15 68:6 commission 100:16,17,19 121:16,17 170:19 199:11 204:4 244:23,25 245:6,15,18 246:10,17 247:6 249:20,22,25 313:15,25 314:3,14 326:25 328:19 329:25 330:25 commissioned 90:1 Commissions 100:12 committed 71:11 297:13 309:22 committee 3:10 6:8 54:18 54:23 55:5,7 100:25 101:1 102:8,22,22,24 103:4,8,9,21,23 104:7 104:14 105:3,19 106:16 106:18,23 107:2,5,6,10 107:21 108:1,2,8,16,19 112:9,15 113:21 117:24 118:11,13,16,18,22 123:2,23 124:3,7 126:6 126:10,13,15,16,18 130:10,13 131:7 132:2 135:8,21 136:11 137:4 137:18 138:16,23 139:8 140:6 142:17 145:7,12 152:21 153:9,20,25 154:3 155:6,9,19 156:7 156:23 157:3,12,16 158:6 159:16,21,22,25 160:13,16,24 161:4,20 161:25 162:7,10,18 163:9,15,24 164:5 165:11 167:5 169:11 175:20 176:2,13,14 177:11,20 179:24

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 89 of 120 Document 229-6

Page 7 180:13 181:6 182:6,20 183:11 184:14 187:15 189:13 190:5 195:22 196:3 197:4 198:25 200:5 201:21 202:11,21 203:15 204:9 205:1 213:7,13 214:2 220:11 220:24 221:6,8,16 225:3 235:18,19 236:16 237:2 244:17 245:2,17 249:9 251:25 252:3,15 259:5,9,18 261:4 269:4 269:6,9 271:2,16 273:11 274:1 275:13 277:20 286:20 304:1 305:7 308:20 310:2,22 316:23 317:1,13 318:6 319:2 committee's 197:2 274:14 277:23 committees 54:24,25 55:3 101:7 102:23 103:22,24 104:9,10,12 107:19 116:12 126:8,9 127:17 160:9 162:18 181:8 198:19 199:21 220:9,13 221:15 232:7 249:3,12,15 251:15 common 4:16 96:1,20,24 112:19,23 113:9,11 121:15 122:20 123:18 124:22 132:7 137:3 140:12,22 141:2 153:6 161:9 183:15 212:18 224:22,24 261:24 268:20,22,23,23 269:2 273:21 274:6 275:1 276:19 277:13,18 284:7 284:10,25 285:5,6 287:17 299:3,7 communicate 120:2,20 267:16 303:15,24 communicated 111:17 118:10 communication 18:2,5 18:10 300:9 communications 42:7 248:10 266:15 302:11

309:6 community 30:11,19 31:18 197:12 200:7,8 companies 258:19 260:19 260:20 company 251:6 compared 227:4 competency 11:23 compilation 259:19 complain 290:12 complained 290:7,10,14 290:16 complaining 32:5 290:18 complaint 193:19 224:2 224:12,19 269:12,16,18 269:25 270:10,17 271:24 274:12 275:4,18 276:22 277:4,9 278:9 290:24 311:22 312:3,13 312:17,21 complaints 131:24 189:18,21 190:6 193:13 286:8 290:9 complete 325:10 completely 104:5 292:5 314:12 compliance 275:14 complied 280:18 complies 211:12 237:24 compliment 179:3 complimented 178:25 179:25 183:8,12 component 49:14 concept 53:9 concern 6:14 31:21 38:19 109:3,7 110:25 111:24 145:11 168:21 172:5 190:14,17 221:11,14,20 221:22,23,24,25 222:6 222:13 230:23 234:4 275:21 287:19 322:3 concerned 31:7 111:11 111:15,16 173:5 211:18 322:11 concerning 28:23 117:21 120:13 137:5 171:20 172:3 228:15 278:8 317:12 322:7

concerns 28:15,18,21,22 30:2,20 31:3,5,12 32:23 72:9,11 73:2 108:25 110:13 111:2 115:22 116:8,19,22,24 117:25 118:5,12,19,25 119:5,7 119:11 120:4 131:3,4 145:7 169:10 189:24 190:19 193:9 227:7 246:12 259:24 260:25 266:14 267:17 conclude 73:10 117:8 208:12 283:21 325:20 concluded 325:23 concluding 280:17 326:12 conclusion 34:15 73:12 148:15,24 conclusions 90:5 130:9 270:15 322:14 condensed 238:3 conditions 113:5 condominiums 47:11 condos 47:9 conduct 69:13,18,19,23 69:24 71:15,19 139:24 139:25 181:9 conducted 90:1 280:14 conference 10:15 50:21 50:23 51:7 53:22 54:1,2 54:5,19,22 55:1,2,5 91:3 195:14,20 205:8 conferences 50:18 51:2 51:18 52:1 confirm 65:15 271:9 confirming 270:16 confused 35:2 292:7 confusion 292:11 296:16 congratulations 171:8 Congress 53:18 140:4 Congressman 42:11 43:2 connecting 215:2 connection 4:14 254:22 268:4,8 consecutive 235:8 consider 39:25 155:10,20 159:25 161:1,20 consideration 155:8,14

155:18 160:16 177:9,18 considered 60:4 227:24 considering 160:6 165:15 168:17 consistent 97:9 189:18 192:19 302:10,17 consistently 90:3 consisting 96:2 109:15 constantly 324:12 constituency 247:10 constituent 111:14 constituents 110:23 consult 26:16 consulted 265:3 contact 189:12 191:5,8 191:16,21 239:10 259:6 301:16 contacted 309:17,18 contacting 191:24 contacts 192:15 contain 20:10 contained 13:17 containing 20:25 content 14:7 context 80:14 158:13 279:5 continue 7:8 50:10 58:25 117:16 152:16 179:1,4 180:1 217:19 222:24 303:2 325:11 continued 230:20 continues 242:8 continuing 198:8 continuity 258:3 control 139:14,22 140:2 140:3 164:6 169:2,13 324:25 convene 271:16 convened 271:2 convenient 325:13 conversation 24:2 116:9 215:10,12 217:5 218:24 257:23 259:13 301:4 conversations 7:5 91:3,6 218:9 228:16 conveyed 115:17 convicted 25:16 convince 247:7

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 90 of 120 Document 229-6

Page 8 cool 152:7 coordinated 201:18 copies 6:21 121:9,12 306:23 316:13 copy 16:11 95:19 152:21 279:18 280:3 316:12 copying 266:7 corner 95:9 250:25 264:13 279:14,24 290:5 corporation 298:16,18 correct 11:8,17 13:11,18 13:19 14:9 16:10 25:4 26:24 27:25 33:4,21 34:2 35:17 36:23 39:19 41:18 42:1,9,23 43:21 49:8 50:17 51:9 57:15 60:13,21 63:7,11,13,14 64:16 65:3 68:17,22 72:23 80:22 81:16,19 84:7 85:10 95:10,18 97:2,11,13,16,21,24 98:4,6 99:22,23 100:2 100:20,23,24 101:2,8 101:12,24 106:13 109:23 110:14 111:22 112:25 113:2,4,6,10,12 122:7 124:4,5 126:19 129:24 132:13,17 134:14 135:6 136:14 140:13 141:3 153:11 162:5 163:14,15,16,24 166:22 176:4 186:13,21 190:21 194:17 201:22 208:25 209:15 213:4 219:2 225:10 231:15 236:24 239:1 244:25 252:16 262:20,21 263:9 266:11 268:8 269:18 273:9 274:8,16,25 277:24 281:10 285:13 285:14,19 291:3,18,24 299:13 300:4 301:1,2 315:17,19,20,23 317:2 317:4,14,21 corrections 327:12 329:17 correctly 209:9 correlates 158:20

correlation 90:6,12,19 91:1,10,14,17 cost 235:7 245:12,13 246:2,14 250:9,13,15 250:22 287:22 288:16 costing 285:24 286:3 287:1 council 4:16 55:6 95:22 96:2,20,24 97:7,8,19 98:16,24 99:2 101:1,22 102:14,14,16 109:13,14 110:20,24 111:1,18 112:19,23 113:9,11 115:8,10 117:24 121:7 121:15,22,23 122:20 123:18,20,23 124:2,8 124:13,19,22 132:7,11 132:14,15 133:23,25 134:2 135:2,2 137:3,12 139:15 140:13,23 141:2 141:14 147:20,22 148:2 149:3 153:6 156:20 161:9 183:10,15 192:7 200:11 211:19 212:18 224:22,24 233:8 238:7 239:18 242:19 244:5,9 244:12 268:11,13,20,22 268:23,23 269:2 273:21 274:6 275:1 276:19 277:13,18 284:7,10,25 285:5,6 286:20 287:17 287:20,21,23 324:10,16 324:22,24,25 council's 150:11 counsel 6:21 7:16 18:5 20:22,23 21:1 75:14 79:16 132:12 147:16 152:22 158:25 326:14 326:16 count 225:5 country 51:8 55:18 79:12 counts 164:8 county 288:12 326:2 328:10 329:15 couple 8:14 39:11,12 59:25 102:12 114:1 184:8 199:3 230:15 255:15 278:24 283:16

course 51:17 60:12 70:18 87:7 95:14 145:16 court 1:1 7:19,24 11:12 73:18,19 151:18 226:10 278:10 279:1,7 280:14 280:16,21 281:14 328:7 courts 278:1 cousin 299:22 create 131:17 144:5 295:4 creates 123:3 credence 216:17 Credit 43:10 crime 32:2,6,23 90:2,3,6 90:7,10,12,20 91:2,13 194:20 196:8,15,23 197:7 198:23 202:15 203:12 204:6 206:23 297:13 309:22 criminal 25:8,12 92:2,6 92:13,20 criminally 25:14,16 Cristo 31:1 criteria 102:10 103:1 123:7,13,15,19 124:8 124:11 125:1,6,9,12,13 125:17,23 126:2,13 127:1,6,9 129:5,10,16 129:22 130:12,12,21 131:17,22 132:4,16 133:10 191:24 criticize 219:16 Crosse 42:3 crosses 91:22 crowd 159:23 160:18 161:12 164:6 169:2,13 172:9 crowds 160:1 CRR 326:3,23 Cruise 114:18 cue 21:4,6 culture 88:9 curfew 193:11 currently 38:5 104:22 196:22 244:12 custody 178:1 custom 105:17 106:11 customers 238:10

cut 102:19 103:20 CV 57:5 cycle 39:6,20 40:5 D D 2:19 D-I-C-K-E-R-T 9:10 D.C 53:25 daily 230:10 Dallman 4:22 Dallmann 290:2 Dan 2:7 8:5 16:16 data 90:13,14 106:11,20 date 7:12 117:13 172:13 208:18 234:8 237:15,22 278:13 279:4 280:13,16 284:1 285:24 286:5 318:4 327:8 328:3,9,19 329:3,13,25 330:20,25 dated 94:4 159:1 233:21 262:18 266:7 315:18 323:4 dates 176:4 daughter 41:2 David 5:4 311:13 315:16 317:10 day 24:10,14 170:25 218:10 222:16 239:11 251:7 275:21 281:14 282:7,10 283:8 284:24 285:1,11,21 292:25 326:11,21 328:16 329:22 330:22 days 52:4,5 72:18,20,21 72:24 73:10 178:3 234:7,12 270:1,10,17 285:2 300:18 317:11 327:18 Days' 73:1 deal 29:11 48:14,16 49:9 91:12 103:24 112:10 124:1 302:19,23 310:2 317:24 324:21 dealing 177:22 197:14,17 206:22 dealings 308:1 deals 123:12 dealt 71:22,25 72:2

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 91 of 120 Document 229-6

Page 9 Dean 300:2 Dear 327:10 December 3:12 159:1 269:11,17,25 270:8 271:1 272:4 273:25 decent 38:7 decide 137:6 decided 24:10 44:19 107:23 209:3 212:15 213:12 272:2 decides 96:21 deciding 162:20 209:12 decision 101:23 135:3 136:20 137:10 141:18 147:22 148:12 150:6,11 165:23 167:21,24 183:13 268:24 decision-making 101:18 101:21 decisions 129:6,20 134:8 137:19 268:19 Declaration 3:4 4:6 13:9 255:11 declared 13:16 deed 328:14 329:20 deemed 51:12 327:19 defendant 71:7 defendants 1:11 2:14 8:8 8:22 defense 20:11 defer 128:3 degree 42:6 236:17 237:3 238:9 Delafield 48:15 delegate 63:22 128:6 deliberated 135:18 deliberations 136:4 delivered 6:24 delve 134:7 demand 230:13 Democratic 252:20 demographic 41:12 174:25 demographics 104:13 denial 319:3 denied 253:19 denies 96:25 deny 214:20 215:20

216:9,13,17 218:24 319:13 denying 212:22 213:20 214:6,10,17,25 215:15 216:4 253:18,22 254:3 319:6,8 department 22:25 23:1,2 64:21 67:1 71:20 72:10 100:5,22 128:1,6,13 189:25 190:8 197:6 201:12,18 204:13 230:17,22,25 231:19 267:3 285:17 286:13 292:20 298:22 306:10 307:8 310:14 311:15,17 313:9 319:23 320:10,20 327:22 department's 288:12 departments 23:3 100:2 100:3 127:25 128:21 129:3 230:11,24 293:3 depending 102:8 221:15 depends 106:24 107:1,2,4 108:7 190:10 192:4 276:13 depicting 257:24 deposed 23:20,21 deposing 216:22 deposition 1:15 3:24 4:4 7:8,13 8:15 9:3,11 10:2 11:25 12:14,19 13:24 14:1,18,22,25 15:3 18:16,22 21:6,10,19,25 22:22 23:15,17 24:9,12 24:17 58:25 67:6 70:18 117:12,17 122:15 152:17 156:3 181:13 208:18,21 237:21 248:1 248:14 257:1,3,17 284:1 325:12 326:5,8 327:8,11 328:1,3 329:1 329:3 depositions 10:6 12:11 14:4,10,15 15:7 23:20 23:22 derogatory 70:12 describe 9:19 53:15 77:19 110:3 257:12,15

257:21 described 88:7 108:18 220:25 describes 78:6 255:21 describing 206:13 320:21 description 3:2 4:2 5:2 78:3 88:16 descriptive 74:7 Design 299:10 designate 103:13 designated 190:16 designed 126:10 desirable 227:25 desired 103:22,25 107:21 desk 64:22 desks 64:19 detail 235:17 determination 6:15 148:1,3,20 169:16 221:18,21 222:1 268:13 285:23 303:1,5 determinations 90:5,11 130:14 determine 37:25 107:18 118:7 124:2 134:23 148:6 149:3 150:13 161:25 265:8,12 292:13 302:19,22 317:25 determining 34:11 125:3 125:10,24 130:23 131:8 161:21 developer 46:11 developers 46:14,15 development 45:16,19,20 195:4 206:10,10 235:7 235:12,14 developments 26:20 45:13 46:21,23 48:13 Devin 4:24 298:6,10,14 298:25 300:15 Devine 8:15 dhsanders@kohlerand...

2:9 dialog 181:16 Dickert 1:11,15 3:4 7:21 8:8,10 9:5,10 12:2 13:2 13:10 16:18 31:15 59:1 87:23 95:5 117:13,16

149:14 152:16 153:1 208:18,22 211:7 258:7 284:1,4 291:10,15 316:13 327:6,8 328:3,4 328:9 329:3,4,13 330:20 Dickert's 8:24 325:12 Diehl 40:11 difference 77:19 214:13 214:24 216:2 306:20 different 25:11 42:21 44:9 52:2 59:11 68:20 69:14 70:2 77:2,17,20 102:12,17 106:4,23 108:16 115:23 130:9 140:25 164:23 189:15 199:3 208:1 215:4 220:23 266:18 274:20 298:11 differently 61:7 68:9,11 118:2 130:5 251:16,23 314:12 difficult 94:2 103:24 225:15,16 difficulties 111:13 diligently 195:23 196:16 direct 153:19 176:1 directed 16:21 262:11 292:19 direction 179:1,5 180:2 326:7 directive 65:17 directly 30:19 54:14 55:9 55:11 56:6 259:11 326:17 director 35:20 43:13 61:13 62:2 67:13 128:25 disagree 16:24 218:6 236:19 237:5,7,8,10,11 237:14 238:11,17 239:22,24 240:5,13 246:25 249:7,16 251:21 252:9,12 disagreed 239:18 disagreement 239:20 240:18 242:3 disc 77:1,6

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 92 of 120 Document 229-6

Page 10 discharge 99:6,22 discriminate 29:21 66:1 discriminated 29:4 30:4 30:20 31:4,8,19 32:11 53:8 70:9 72:12,16,22 73:11 111:19 236:5 241:9 discriminating 73:13 discrimination 29:16 32:15 50:19 51:11,13 52:7,10,13 53:1,6,22 54:12,15 55:9,13,17,19 55:23,25 56:4,7,15 57:2 58:3,9 61:1,11,17,25 62:6,10,17,25 63:5,8 64:5,9,15,24 65:3,11,23 66:4,14 67:17 68:8 89:19 112:1 131:4 discriminatory 141:5,11 discuss 115:6 116:18,21 116:24 141:23 219:9 300:25 301:6,8,18,25 315:21,22 317:24 318:7 discussed 91:11 109:18 111:1 113:25 114:8,10 114:18,20 115:12,14,15 115:21 134:25 136:12 265:5 discussing 22:11 91:1 109:16,21 110:25 115:16,25 241:7 270:14 321:22,24 322:1,4,10 discussion 52:6 110:15 110:16 154:2 155:5 216:18 269:7 274:12 277:8 303:8 318:22 discussions 110:24 164:23 209:8 Disk 117:9,12 208:13,17 283:22,25 disks 325:22 disparate 89:10 disparately 89:20 disproportionally 78:14 disproportionately 74:18 74:24 76:9,18 80:2 88:23 177:4 disregard 108:5

disrespect 244:6 324:21 disrupt 278:20 disrupting 242:11 disruption 242:9,13 disruptive 92:2,6,13,20 211:19 229:20,24 230:2 230:8,21,21 242:18 244:4,14 dissipate 196:14 distribution 121:25 122:1,3,4 district 1:1,2 7:19,19 196:21 211:20 230:7 231:12,14 244:2,3 301:23 302:21 303:16 303:25 305:5 308:19,23 308:25 316:7 districts 139:21,22 disturbance 173:5 diverse 159:23 160:18 161:11 diversity 38:21 159:25 161:21 162:4,19 DJ 154:6 DJs 159:23 160:17 161:11 do-rag 73:20 74:2 75:10 75:14,16 87:24 do-rags 75:18 76:5,8,11 179:20 doctor 300:6 document 13:9 16:17,19 16:20 93:2 95:11 153:3 185:17 255:10,12 268:10 269:1 271:5,10 271:12 272:8,10 273:3 273:14,17 278:23 317:10 documents 8:21 18:15,18 18:21 19:2,5,17,24,25 20:7 21:5,11 120:7,10 120:16,19,25 dodged 83:18 doing 63:23 65:14 67:2 128:20 197:9 200:21 215:21 219:14 234:14 234:16,20,25 257:13 306:21,24 307:12

313:20 323:15 Don 36:3 door 221:10 doors 290:5 310:3 double 42:8 Doug 2:15 299:12 Douglas 189:24 193:21 202:16 289:15 downtown 6:12 47:16,18 47:20 194:25 195:2,11 196:17,19 198:12 202:15 206:8,13,15,17 207:22,23 213:11,16 214:3 215:7 282:4 286:10 288:10 298:16 299:10 316:7 Dr 300:2 draft 52:22 drafted 53:18 dramatic 200:22 dranken 79:9 draw 98:7 154:9 270:15 322:14 drawing 258:7 320:3 DRC 4:24 189:23 298:6 298:21 299:9,14,19,23 299:24 300:10 306:20 dress 314:10 drew 34:15 drill 20:4 drinkers 79:12 drinking 88:1 drive 2:3 148:4 316:8 dropping 323:20,24 drug 144:14 191:7,10 197:14 206:21,24 308:1 drugs 91:12,18 191:15 206:18 207:1 due 86:1 109:4 118:10,20 119:1 125:4,11 130:24 131:25 135:11,14,19 139:9 142:17,22 143:4 143:11,25 144:8,16,21 144:25 145:4,10,17,22 146:12 153:21 159:16 176:3 189:3 275:13 277:11 297:12 303:3 duly 8:11

duties 99:7,22 duty 99:3,19 dynamic 314:18 dysfunctional 201:6 E E 2:1,1,19 3:1 4:1 5:1 9:6 e-mail 3:22 4:8,10,12,20 4:22 5:4,10,12 18:12 94:13 121:25 122:4 225:14 233:18,21,24 234:1,18 235:22 258:8 258:16 260:21 262:18 266:6 280:25 281:7,9 282:14,18 283:3 284:15 284:16 287:8 291:15,21 292:1 294:5 299:1,16 299:18 300:9 309:6 311:13 312:9,11 319:20 320:17 321:2,3,11,22 322:2,5,6,10,15,21 323:14 324:6 e-mailed 234:5 301:6 e-mails 19:6 20:5 21:19 21:20,24 22:1,1,3,5,11 22:15,16,21 23:12 120:11 268:1 282:19 299:6 302:9 earlier 84:7 94:6 108:7 134:25 143:1 144:19 175:5 194:17 220:25 221:11 249:2 252:17 257:2 261:25 265:19 290:8 306:2 312:15 317:11 early 234:10 259:2 261:9 easier 201:8 East 1:19 2:12 7:15 Eastern 1:2 7:19 easy 87:4 economic 197:24 economics 50:3 Economies 55:4 Ed 40:10 edification 230:25 editorial 57:24,25 58:2,6 246:6 editorials 57:17 58:12

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 93 of 120 Document 229-6

Page 11 educate 126:10 educated 61:16 education 50:1 educational 57:24 effect 103:18 253:16 effective 113:9 197:16 effectively 198:22 efficiently 198:21 effort 201:18 206:19 efforts 220:7,15 221:2 233:1 285:25 320:21 eight 178:2 201:2 either 17:19 67:19 136:22 189:22 194:16 212:10 222:20 256:12 269:7 279:16 316:18 Eldridge 2:3,22 6:25 8:3 8:3,13 9:7 12:25 15:22 16:4,9,13 17:25 18:6,11 19:9,13 20:2,14,19 21:7 21:13,16 27:19 30:13 31:14 32:4,25 37:20,23 38:1 49:13,25 55:22 56:22 58:17,24 61:4 63:24 66:20 70:8 75:3 75:24 76:2,4 79:17,19 79:25 80:15 81:1,8,24 82:3,8,15,24 83:3,15,18 83:23 84:4,21 85:7,12 85:15,17,22 86:8,25 87:2,11,15,18,22 88:5 89:3,14,17,24 90:24 92:10,17,25 93:10,23 94:23 95:2 98:12,25 99:12 108:14 111:6,10 115:5,24 116:5 117:15 124:20 127:15,21,23 128:2,5,9,16 129:18 130:3,20 131:14 132:3 133:7,11,18 134:11 136:8 137:16,25 138:7 138:14,21 139:3,16 140:18,24 141:9,16,24 142:5,12,20 143:8,17 144:4,23 145:5,23 146:9,22 147:6 148:17 148:21 149:4,9,13,18 150:3,21,25 151:7,12

151:15,19,24 152:14,25 154:19,24 155:3,24 156:18 157:9,24 158:15 158:23 160:14,23 161:7 161:18 162:3,15 163:11 165:6,20 166:2,8,13 167:1,23 168:3,9,18 171:24 172:11 174:9,14 174:17 175:3,17 177:8 178:15,21 179:10,15 180:5,10,14,20,22,24 181:1,5,14,18,22,25 182:4,13,19 183:2,5,21 184:3,5,12,19,22 185:4 185:9,12,15 186:21 187:1,8 188:3 189:6 193:5 194:14 203:6,14 205:7,10,21,25 207:12 207:15 208:11,20 211:5 211:13,16 214:12 215:25 216:7,11,20 217:1,4,9,13,16,21,25 218:5,13,15,22 219:12 219:15,20,24 220:2,19 221:1 222:4,10 223:5 223:10,13,16,25 224:6 224:10,17 225:13 226:22 227:10,18 233:12,17 235:1 236:11 237:19 240:10,17 241:23 242:2,24 243:2 243:13 244:22 248:8,12 249:14 255:6,9 258:6 262:14 263:17 264:19 266:4 267:24 268:16,21 271:6,14 272:1,9,15,17 272:21,25 273:7,19 274:18,22 276:8 277:1 277:7,12,16 278:7,15 278:22 279:9,13,19,23 280:8 281:4,6 282:23 283:5,19 284:3,14 287:12 289:23 291:9,14 294:18 295:20 296:10 296:22 298:4 302:8,25 303:20,23 304:4,7,11 304:16,19,23 305:2,13 305:18,23 306:14 307:3

308:24 309:5 310:8,17 311:2,12 312:7 313:7 313:22 315:8,13 316:10 316:20 317:9 319:19 320:15 321:1,13,23 322:13,19 323:13 324:3 325:9,18 Eleanor 41:2 elected 8:16 24:22 102:9 210:12 220:8 election 24:24 25:1 38:23 38:25 39:2,2,6,17,20 40:5,6,7 212:8,24 234:7 234:8,12 electorate 100:13 electronically 58:13,15 eliminate 130:25 178:10 197:4 203:22 206:24,25 eliminated 179:19 eliminating 203:3 elimination 6:8 182:21 200:4 202:12 204:10 205:3 email 327:16 emphasis 206:9 employee 254:18 326:14 326:15 employees 60:24 61:8,23 63:5,13 64:1,7 66:3 67:11 99:6,22 299:5 employment 67:17 en 318:24 Enclosed 327:11 encourage 212:12 encouraged 178:25 180:1 209:5,6 encouraging 179:4 endeavors 45:12 ended 40:3 42:17 endorse 167:10 184:14 endorsed 167:25 183:7 endorsement 165:22 endorsing 6:8 89:4 182:21 enforced 99:5,21 enforcement 197:8 engage 92:2,5,12,20 181:15

engaging 181:15 English 166:10 entailed 231:22 enter 162:5,8,12,19 287:6 entered 329:9 entertainment 154:5,18 entire 30:8 113:23 118:16,18,21 135:19 143:2 235:18 282:14 283:7 324:5 328:5 329:5 entitled 68:23 97:4 122:6 248:13 255:10 entrance 176:17 entrances/exits 263:13 entry 153:16 159:9 Envi 174:4 309:9 310:9 310:11,12,15 Envi's 309:25 environment 230:19 epidemic 91:24 equal 78:20 131:17 190:8 equally 68:16 104:15 equate 77:14 equation 162:5,8,12,20 eradicate 196:10,12 Eric 3:25 6:11 14:22 39:14,18,23 40:1 208:24,24 209:10,13,21 210:14 211:17 215:5 224:11,15,18 225:2 226:13 229:4 232:10 233:2,2 236:3 237:21 247:21 275:17 276:5 errata 327:13,15,18 329:7,10,18 330:1 especially 91:19 213:10 292:17 293:10 essential 137:1 essentially 124:14 establishment 153:22 159:17 176:3 193:16 302:18 317:13 establishments 157:1,14 192:18 290:13 321:16 estate 26:23 44:20 45:8 45:11 47:15 49:22 50:9 50:10 68:5 250:16

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 94 of 120 Document 229-6

Page 12 estimate 325:14 et 1:5,11 7:17 327:6,6 328:3,3 329:3,3 ethnicity 169:22 evaluate 124:9 128:18 evaluation 128:22 evasive 151:15 185:6,10 even-handed 131:18 evening 253:7 285:21 event 97:8 143:5 144:8 190:10 212:24 252:23 253:1 255:18,21 256:5 256:10,12 260:22 266:19 267:10 269:10 269:23 270:23 272:4 276:19 277:17 300:18 318:20 events 54:18,23 131:24 143:25 144:9,20 145:9 189:12 190:7 271:19,22 282:1 305:10,12,16,25 306:1,6,11 307:18 eventually 269:18 everybody 201:19 292:23 293:1,10 everyone's 216:7 everything's 292:17 evidence 91:25 92:4,11 92:18 111:5 115:1 136:3 137:5 146:5,19 147:3,5,8 157:19 160:4 161:10 166:1 167:13 179:7 180:8 182:25 183:16 186:24 205:19 205:22 220:18 243:11 287:11 295:18 304:3,5 305:9 306:18 310:5 314:25 320:25 exact 25:9 45:6 46:19 99:10 172:13 247:15 exactly 25:6 45:18 46:10 74:1 110:12 156:19 188:20 196:2 225:11 266:24 285:1 308:16 320:1 examination 2:20 325:10 325:15 examined 8:12

example 118:9 130:11 134:23 216:1 249:18 Excel 8:23 20:24 Excellent 323:1 excess 288:11 exchange 233:18 280:25 exclamation 301:1,19 exclude 256:5 exclusive 207:1 exclusively 203:2 Excuse 247:15 executed 329:10 execution 328:14 329:19 executive 54:6,7,8 91:5,8 97:25 98:3,5 exercise 126:11 141:17 223:18 321:17 exhausted 15:6 exhibit 3:2,4,6,8,10,12,14 3:16,18,20,22,24 4:2,4 4:6,8,10,12,14,16,18,20 4:22,24 5:2,4,6,8,10,12 12:24 13:1,2,5,17 16:8 92:24 93:1 94:3 133:19 152:19,22,24 158:22,24 163:10,12 170:2 175:16 175:18 185:14,16 211:4 211:6 233:15,16 237:18 237:20 248:11,13 255:1 255:8 258:5 262:13,15 266:3,5 267:23,25 273:18,20,24 274:5 278:14,16 279:5 284:12 284:13,23 289:22,24 298:2,3 311:11 315:7,9 316:9 319:18 322:18,20 exhibits 6:20 17:5 281:2 284:5 existence 115:3 exists 127:9 exited 173:16 expand 198:9 expect 116:11 128:13,15 307:8 expenditure 264:24 expenditures 264:15 experience 103:4 104:2,3 237:1

experiences 240:7 expert 17:12,15 181:12 experts 17:15 experts' 17:10 Expiration 328:19 329:25 330:25 expire 50:13 expires 326:25 explain 96:9 199:4 explained 164:4 199:2 exposing 87:24 88:12 expressed 119:7,11 extend 198:13 extension 81:13 84:13 extensive 53:19 285:25 extensively 196:24 206:19 extent 24:2 98:11,13,14 171:9 177:12,14 extra 16:11 291:4,19,22 extremely 104:1 eye 300:6

314:25 320:24 factual 240:19 factually 287:10 faedo 185:25 186:6,17 187:6,22 failed 46:5,8,9 failure 269:8 faint 279:15 fair 11:3,14 12:9 30:1 54:10 60:22 61:22 66:12,15 98:9 105:13 118:2,23 120:18 126:17 194:6,20 195:25 214:20 215:13,17 241:19 248:25 251:14 252:9 265:6 286:22 323:20,24 324:8,14,21 325:1,16 Fair's 138:24 fairly 18:24 192:18 298:5 fairness 255:16 fall 42:14 falling-out 37:3,9 familiar 10:19 88:8 F 124:24 125:5,12,13,17 F-A-E-D-O 186:1 125:22 126:2,7 127:14 face 178:17 127:16 138:12 143:2,20 facing 169:11 144:21 153:4 170:5 fact 32:16 38:18,20 44:14 208:2 64:12 70:16 73:11 family 290:23 106:17 109:4 120:2,19 far 33:5 235:16 286:16 137:17 165:15 195:14 287:22 310:9 249:2 251:4 253:12,19 farm 44:7 265:15 269:14 283:8 father 249:21 251:2 301:16 310:2 315:2 fault 85:15 321:14 favor 247:7 factor 6:15 221:18,20,21 favorable 245:10 221:24,25 222:3,5,7,12 FBI 201:17 222:14 223:6 February 195:17 201:24 facts 31:11 79:14 111:5 255:18 298:7,12 115:1 129:21 130:4,8 federal 185:10 131:13 134:4,5 136:17 feel 29:17 205:23 215:2 136:21 138:11 146:5,19 feeling 150:14 157:18 160:3 161:6,17 feelings 32:15 115:9,14 165:25 167:13 179:7 243:5 180:7 182:18,24 186:24 felt 29:4 32:10 72:9,16,21 192:25 220:17 243:11 246:3 247:9 286:11 277:5 295:17 304:3 female 164:16 305:8 306:17 310:5 fight 177:24

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 95 of 120 Document 229-6

Page 13 fighting 172:10 193:10 fights 145:15 191:19 304:15 figure 192:3,12 202:24 203:16 261:10 269:21 294:15 302:22 318:10 filed 256:17,23 274:12 277:9 312:18 filing 257:14 fill 314:15 final 73:6,12 135:2 Finally 11:9 finance 35:20 101:9 103:23 104:2,3 106:3,6 107:10,12,14 108:1 231:4 325:13 financial 46:7 229:8,11 financially 26:10 46:6 298:20 326:16 find 108:20 169:20 219:18 286:2 287:22 303:9 309:18 327:11 finding 268:3 findings 269:14 fine 222:25 finger 265:6 297:24 finish 100:10,14 129:9 303:21 finished 170:23 finishing 171:2 fire 100:1,11,16,17,19 199:10,11 204:4 231:7 fireworks 288:14 firm 43:20 first 8:11 13:1 19:25 33:23 45:1 46:12,17,20 48:7 75:17 77:23 81:11 93:14,16 95:10,25 97:5 98:1 99:25 102:13 105:23,25 106:12 108:18 140:20 154:18 171:7 176:18 179:17 186:6 197:1,10 234:11 235:25 276:23 280:1 298:14 306:19 315:10 fiscally 286:2 Fisher 1:18 2:11 7:14 326:9

fit 107:18 228:5 fits 200:1 five 38:14 43:17 101:15 113:24 130:10 136:11 165:16 196:11 200:15 217:12 234:7 fix 31:3 32:15 flashlight 178:4 flight 37:11,13,17 flip 99:24 159:6 163:17 284:4 floor 195:9 242:19 244:5 247:13 276:14,16 324:10,19,22,25 flow 278:21 flyer 253:7,8 focus 292:20 323:21 focused 202:20 291:6,23 291:25 294:7 Foley 43:19,22 44:3,10 folks 259:10,22 follow 65:6 109:14 123:16,20 125:18 127:1 127:7 129:23 130:14,22 244:6 followed 315:3 following 82:17 146:24 follows 8:12 food 314:16,17,23 footage 265:22,24 force 229:20,24 230:8 foregoing 328:13 329:18 forgive 13:3 forgot 247:25 317:15 318:17 form 20:12 27:17 32:17 55:21 56:17 63:19 75:2 77:20 78:5 80:13,23 81:5 84:17 86:5 88:2,24 95:22 96:5,7,16 98:7,10 98:23 108:12 114:25 116:15 124:16 128:11 129:13 130:1,17 131:10 136:5 137:7,22 138:18 139:12 140:14 141:8,13 141:20 142:2,8,16,16 142:18,24 143:12 144:17 145:19 148:14

148:24 149:11 153:3,10 153:11 154:13,22 156:12 157:4 158:10 160:21 161:13 167:12 168:13 183:4 186:19,23 193:1 223:21 224:4 226:18 233:4 234:21 240:9 243:11 276:25 294:9 302:5,14 304:2 305:10 306:17 313:11 314:24 320:12 321:19 322:8 format 238:3 former 40:13 164:15 forms 96:8 forth 22:2,4,6,6 294:22 297:24 forum 255:20 forward 274:5 293:13 300:19,24 308:17 327:15 forwarded 298:11 299:1 300:1 found 109:17 250:23 292:10 309:21,23,24 313:19 foundation 80:24 81:6 86:7 92:7,14,21 127:12 144:2,6 145:2,18 160:6 161:2 168:15 178:20 179:12 180:9 182:16 183:1 186:25 223:22 224:14 271:4 310:16,24 four 10:4 36:2 38:14 52:4 52:5 165:16 215:10 222:9 251:10,20 266:19 272:6,11,19,20,21 273:3,5 281:2 290:4 325:22 four-day 55:1 fourth 164:3 Franklin 327:1 frankly 293:7 Frederick 12:14 36:3 Frederick's 14:19 24:8 free 328:14 329:20 frequent 305:3 frequented 289:18

frequently 156:8 frequents 289:19 freshman 105:21,24 Friday 300:16 Friedel 299:21,24 friends 25:18 39:25 119:16,18,19 friendship 40:3 frisk 164:9 front 21:5 64:19,22 154:3 266:1 273:4,15,17 295:13,16,21,25 297:20 310:7,19 fruition 45:21,22 fucking 247:14 fulfill 314:6,15 fulfilled 315:2 fulfillment 132:25 full 132:20 170:20 205:5 250:2,14 251:1 277:11 313:18 function 139:10 203:3 functioning 103:11 fund 197:19 fund-raising 26:13 funded 197:20 198:20 199:13 204:1 funding 198:4 199:15,18 203:24 fundraiser 35:21 furniture 195:8 further 219:10 323:9 326:8,13 G G-H-A-U-R-I 210:23 gamesmanship 217:7 gang 196:11,17,24 200:4 200:16 202:12,13 205:3 206:21,24 307:25 gangs 196:7,10,13 197:4 197:14 200:13 201:1,9 201:13 203:3,22 204:11 204:11 206:18 207:1,3 207:6,7,9,11,13,16 208:1,2,3 gardens 200:6 Gary 25:3,5,18,23 26:1,6

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 96 of 120 Document 229-6

Page 14 general 39:2,17 40:6,7 131:10 132:6,14,19 76:23 206:11 133:6 136:6,10 137:8 generally 10:6 137:22 138:25 140:20 Generations 290:3 140:25 141:21 142:3 generous 204:23 144:5,17 157:6,19 genre 77:15 160:10 164:8 168:25 genres 77:17 169:4 170:22 174:21,23 gentleman 39:15 300:2 175:10 179:16,16 getting 75:23 168:22,24 187:24 189:8 193:1 193:20 206:21 216:24 196:7 218:14 220:21 223:20 225:10 226:13 230:10 233:4 249:19 227:6 261:14,17 305:4 250:11 252:18 253:12 307:17,20 253:24 268:24 273:23 Ghauri 3:20 210:23 277:2,8,14 293:22 211:9,18,22,24 212:8 294:13,16,19 302:15 212:13,14,18,25 304:24 309:1 311:20 Ginger's 114:17 289:12 314:9 321:20 323:21 320:6,22 325:13 give 11:20 46:2 65:17 goes 96:19 180:17 234:20 87:5 99:15 102:16 235:2 269:23 320:8 159:4 216:15 218:1 going 8:17,18 10:17,17 249:18 278:13 279:4 15:19 16:6 17:22,24 300:15 308:15 316:14 23:17 31:2,10,22 32:22 given 9:11 21:1,6 43:19 38:13 49:20 58:19 67:5 95:17 100:15,18 112:4 75:10,20 87:9 101:3,3 148:7 151:4,5,11,13 103:10 106:5 109:5 152:6 236:4 241:18 112:5 113:22 125:19,21 257:16 282:1 283:6 129:3 132:8 137:10,15 287:13 137:20 152:9,19 156:8 gives 106:7 216:17 156:25 157:13 158:1,8 giving 11:25 21:8 204:20 163:12 167:22 169:16 217:14 172:7,18 175:18 181:16 Glare 75:24 183:10,13 185:1,5 go 7:9 10:7,8 17:6 18:8 196:8 197:13,14 198:2 24:1 27:14,17 28:2 201:1 203:12,24,25 29:14 30:6,17 31:25 208:13 209:20 211:6 32:18 41:6 42:2,10 215:3,3,21 219:9 44:22,23 46:12 47:6 220:12 222:15 231:2 48:22,24 49:16 51:5,25 233:15 247:5,14 249:23 56:18 57:14 58:17 61:7 250:1 257:24 258:1,2 63:20 66:6 67:2,5,16 259:17 260:3 261:1,10 70:6 76:3 80:24 81:6,22 262:15 265:6 266:5 82:2,11 84:18 86:7 267:11,19,25 268:1 87:14 88:25 92:8,15,22 270:2,11,18 271:23 94:23 104:5 106:10,20 273:20 276:25 282:21 112:5 114:16 115:7,11 282:24 285:25 286:1,9 115:18 116:12 124:16 287:6,6 292:10 293:21 126:14 128:10,12 129:9 293:22,24 294:1,2,3,7

294:12,15,15 298:2 302:19,22 306:22 307:2 307:15,18,19 311:20,22 312:3 313:1,16,18 314:9,21 316:11 318:12 320:13 325:10 gold 6:9 74:20,21,23 87:24 88:12,21 89:6 92:12 179:23 182:23 Gomez 33:24 35:4,16 36:11 59:4,7 60:19 good 76:2,24,25 89:25 96:18 103:10,11 112:7 171:8 209:25 228:5 278:16 287:14 290:24 325:18 Google 75:16 governed 96:1 government 43:13 68:15 68:19 69:7,12,18 70:2 80:20 81:2,17 82:4,18 83:4 84:15 89:4 95:22 96:5,7,8,16 97:10,14 106:6 116:15 168:10 231:17 298:15 306:9 government's 6:5 81:14 81:20 86:2 governmental 26:17 grabbed 283:2 graduate 41:10 42:4 grand 250:15 granted 100:12 134:24 280:16 granting 112:24 136:13 235:20 grants 96:24 great 91:12 141:25 195:24 196:4 202:2,23 324:21 Greek 169:25 Greg 5:12 35:19 36:19,20 60:7,11 226:23 258:8 258:12 260:16 284:16 285:11 315:16,16 322:21 324:23 Greg's 260:11 ground 195:9 group 29:21 34:20

109:15 118:14 189:23 189:24,24 200:23 245:7 299:11 306:24 groups 198:18 200:25 guard 199:25 guess 19:18 60:15 123:22 143:6 184:23 196:20 198:24 202:5 204:17 230:6 261:9 287:3 294:21 guesstimate 175:8 guideline 125:2,14 133:3 guidelines 125:23 127:2 130:12 gun 145:15 guy 222:15 guys 151:20 305:1 H H 2:7 3:1 4:1 5:1 H-E-M-M-I-G 231:23 half 159:5 241:7 281:7 hall 56:9,16 64:20,21 229:20,24 230:2,9,11 230:23 HALO 198:14 hand 40:11,12 93:1 163:12 175:18 196:25 197:1 199:9,9 211:6 275:22 312:16 316:11 323:22 326:20 handbook 3:8 93:3,5,7 93:11 94:15 95:4 112:16 133:20 handing 158:25 185:16 handle 123:8 126:4,19,22 132:16 249:3,13 handled 240:5 286:12,13 handles 249:10 handling 127:2,7 hands 128:3,7 hanging 26:8 Hansen 185:21 happen 47:19 53:12 85:8 162:22,24 163:1,4,8 294:3,15 happened 60:19 98:17 215:10 216:19 247:4

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 97 of 120 Document 229-6

Page 15 259:12 265:25 267:18 270:23 300:16 301:12 301:14 303:9 305:12 308:16 309:19 310:6,19 happening 37:17 115:23 116:10 128:21 306:4 happens 135:14 188:25 292:3 293:12,19,20 294:6,8 300:14 happy 182:8 320:7 harassment 67:12,17 hard 196:18,22 harder 307:13 Hargrove 40:7,16,17 harmful 245:11 Hart 2:7 246:4,5 hat 209:3 hate 273:22 hats 179:20 head 100:1,5,22 128:7 178:4,5 200:16 201:15 250:22 254:19 heading 95:21 heads 73:25 128:1,14 230:17,22 231:1,19 health 231:5 hear 29:2 109:18 114:12 137:4 247:18 305:21 heard 33:19 37:13,14 74:2,3 77:5 94:8 161:9 hearing 28:16,18,20 119:8 125:11 135:15,20 136:23,23,24 137:12,14 143:11 144:16,21,25 145:4,10,17,22 160:1 164:22 222:17 275:14 277:6,11 280:14 hearings 54:18 135:11 160:7 heart 152:1 heavier 190:6 held 236:16 237:2 280:22 Helding 5:12 322:21 323:23 324:23 help 17:8 60:19 203:24 helped 197:19,19 helpful 95:1 311:10 helping 33:14 59:17 60:1

60:9 Hemmig 231:23 232:9 233:19,21 234:14 235:23 Hennessy 79:4,6,9,12,20 80:2,5,8 88:1,22 Henry 104:22,24 171:10 171:13,16,19,25 172:7 173:10,19,22 174:23,25 264:8,12 265:20 Henzl 253:2 hereunto 326:19 heroin 91:20 hey 65:11 high 26:8 32:9 41:6,7,13 288:16 higher 236:17 237:3 238:8 highest 196:13 highlighted 16:21 51:13 198:6 280:3 highway 148:5 316:8 hip-hop 6:5 77:4,8,14,20 78:3,6,8,13,18,21 79:1 80:11,17,20 81:2,12,14 81:20 82:4,19 83:4 84:14 86:3 88:9,13 89:6 92:19 156:9 157:1,14 158:8,19 185:25 186:9 186:17 187:6,21 Hiram 174:6,8,10 hire 61:18 132:9,12 298:21 hired 61:13,14,20 62:16 63:3 64:4,9,13 65:5 298:24 317:21 hiring 132:23 Hispanic 32:20 33:1 38:5 historic 49:9,23 history 258:18 260:1,7,18 261:20 262:6 hit 173:6 178:4 193:14 hold 17:4 50:10,20,24 75:20,22 211:10,14 225:9 250:17 276:24 316:11 holding 251:3 253:6,8 Holmes 1:5 7:17 109:16

109:19,25 110:4,16,16 111:9,17,18 192:1,11 192:12,14 194:4,5 221:9 227:20 265:7 318:20 327:6 328:3 329:3 Holmes' 14:17 226:3,6 312:3 313:1 home 242:11 homeland 201:17 homeless 198:14,16 203:8 homelessness 198:11,12 198:15,17 203:22 204:11,16 205:4 homes 68:4 homicide 307:24 309:9 310:3 homicides 308:3,5,8,10 308:13 honestly 204:22 hoods 250:14 hospitalization 178:6 host 52:2 hour 8:17 148:8 241:7 hours 17:13 59:25 60:4 178:3 285:16 286:6,15 287:15 288:7,10,13,15 288:18,22 289:1,4,9 309:24 325:16 house 67:22 119:25 174:2 household 91:23 Housing 194:21,22 Howell 317:20 HR 56:21 61:13 62:2 67:13 128:25 hundred 59:12 hunting 320:7,10,14,23 321:15,25 hypothetical 56:18 81:23 82:7 84:18 86:6 88:25 158:4,4 161:3 168:14 hypothetically 158:5 190:12 I ID 176:19 idea 21:2 36:8,10 39:24

75:1 76:1,2,10,13,20,24 76:25 88:4 89:8 92:3,9 92:16,23 94:18 123:17 154:8,25 155:2 158:14 160:20 177:7 182:12 194:1 218:9 234:16 281:25 282:3 283:4 294:11 299:15 318:8 320:17 324:20 ideas 234:2,3,5 identification 12:24 16:8 92:24 152:24 158:22 163:10 175:16 185:14 211:4 233:16 237:18 248:11 255:8 258:5 262:13 266:3 267:23 273:18 278:14 284:13 289:22 298:3 311:11 315:7 316:9 319:18 322:18 identified 59:7 179:18 207:9 262:5 318:14,16 identify 7:23 13:4 37:7 59:6 93:1 166:11 211:7 IDs 184:4 Illinois 2:4 327:2 imagine 11:6 52:3 136:19 136:25 immediately 56:20 71:23 72:2,5 73:3 311:5 immigration 51:20,23 52:24 53:2,11,13,14,20 54:8,12 57:2 impact 89:10 204:2 impacting 233:10 implement 63:9 implemented 64:14,17 65:20 66:3 176:16 implementing 65:18 199:12 important 102:15 324:13 impression 256:11 267:5 impressions 120:4 improper 226:11 improvements 205:2 in-house 64:5,8 67:16 221:10 inaccurate 137:14

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 98 of 120 Document 229-6

Page 16 inappropriate 80:21 81:3 81:10,15,21 82:5,20 83:5 84:1,9,12,15 109:17 110:18 168:12 205:24 206:1 259:11 275:18 281:16 324:9 incarceration 197:22 incidences 307:9 incident 176:15 265:24 301:11 incidentally 39:22 159:1 incidents 153:21 159:16 176:3 177:17 178:7,10 190:1 192:24 include 35:13,15 112:24 113:1,3,5 154:5 164:6 195:2 included 32:2 327:13 includes 96:20 including 34:4,5 122:14 154:20 164:24 311:21 incompetent 161:3 incomplete 81:23 82:7 84:17 86:6 88:25 168:14 incorporated 329:12 increase 204:16 incredibly 197:16 indicating 327:13 indictment 25:8,12 indirectly 326:17 individual 9:22 139:20 139:21 187:18 250:7 individual's 130:7 individuals 118:14 189:19 231:8 industrial 47:10 industries 197:20 industry 44:1,5 47:15 inference 127:8 influence 116:2,7 211:19 287:17 information 20:6,10 109:1,9 111:12 112:3 137:11 221:9 234:15 258:25 260:12 261:8,12 261:15,16 285:13,21 286:18 287:15 305:16

305:25 308:17 309:3,13 informed 127:5 247:3 282:11,13 283:12,18 306:3 308:10 informing 306:11 initially 170:18 initiate 132:4 308:12 initiated 301:16 injured 300:23 303:12,14 305:5 306:5 injuries 145:16 191:20 303:16,24 injury 178:5 Inn 114:18 inquire 156:24 158:7 inquiry 156:10 157:2,15 inside 128:21 171:1 191:20 inspections 231:5 instances 69:22 70:1 305:3 Instigators 173:22 institute 62:23 63:4 65:12 66:13 131:22 132:10,15 instituted 63:1 65:1,7 67:9,10 instituting 131:15 133:2 instruct 87:6,9 instructing 86:19 intelligent 150:4 intend 20:10 intending 167:14 intensely 69:19,24 intent 242:11 265:14 intentionally 114:12,15 151:16 interest 24:12 67:20 226:16 227:1,2 231:13 interested 165:19 326:17 interfere 7:7 interject 218:8 intern 42:12 internally 23:2 interpreted 168:10 interview 28:5,7,10,13 introduce 53:10 96:12,13 133:16 199:6

introduced 134:1 199:24 introduces 96:10,17 invalid 280:19,23 investigation 73:3,5 309:20 investor 67:24 68:2,4 invitation 5:6 315:15 involve 52:6 55:12 involved 48:14,16 49:9 90:11 161:6 182:18 197:23 199:4 200:6,8,9 226:5,14 232:21 300:22 312:10 involvement 199:1 302:10 312:12 involves 55:13 163:18 300:12 involving 226:2,6 Irish 297:3 irrelevant 147:15,17,18 147:18 149:2,17,19,21 150:9 irrespective 148:11 150:6 155:17 issue 29:11 50:25 104:11 112:1 117:20 118:22 147:23 160:25 161:8 167:20 168:20,20 187:18 219:22 245:13 245:19 266:22,24 270:7 270:13 277:25 278:8 281:9 282:21 286:5,11 287:3,25 288:6 306:22 issued 96:25 269:11,17 270:9,16 issues 28:22 31:25 32:1 50:20 61:16 65:9 72:4,7 72:8 115:15,16 130:15 137:13 158:13 162:1 177:23 189:18 196:9 198:12 206:17 233:10 246:22 260:24 261:4 269:24 288:15 297:23 318:13,15 325:14 it'll 120:8 item 175:23 250:17 251:17 274:11 items 57:21 145:3 188:21

251:14 269:6 Ivanhoe's 173:25 J J 1:5 2:12 7:17 327:5,6 328:3 329:3 jail 288:10,12,13 Jameel 3:20 210:23 Janice 40:11,12 126:12 January 3:14 4:16,20 53:25 54:4 163:14 252:21 273:21 274:6 284:8,10,17 287:23 JaQuet 1:24 7:25 326:3 326:23 jazz 172:8 173:15 174:24 jeans 74:6,8,13,17 87:24 88:12,22 89:5 92:5 Jeff 266:7 300:19,25 301:22 Jennifer 4:22 290:2 Jennifer's 290:3 Jerger 27:20 36:4 JJ 123:10,11 231:3 job 36:11 46:13 116:16 116:20,21 118:7,8 134:22 135:4 197:25 210:5 222:19 231:3,7 231:10,11,18,19 243:3 246:9,20,23 302:18 324:25 jobs 32:3,23 128:1,14 194:20 200:10 230:12 230:19 231:9,20,22 jockey 77:1,6 Joey's 174:15 John 1:11,15 3:4 7:21 8:10 9:10 13:10 117:13 208:18 284:1 327:6,8 328:3,4,9 329:3,4,13 330:20 Johnson 126:12 joint 245:4 249:23 251:21 Jordan 241:5 Journal 57:16 245:24 311:6 judge 87:10,16 137:2

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 99 of 120 Document 229-6

Page 17 kitchen 250:2,10,12,14 150:12 185:1,5,7,10 251:1 283:9 311:19 judgments 129:11 134:4 knew 211:24 232:19 247:5 254:18 257:16 jukebox 164:10,25 308:5,16 165:12,23 166:22 167:7 167:11 168:5,11 177:2 know 12:2,6 14:7 15:4,15 17:12 19:11,14,16,24 178:11 179:3,19 186:1 20:17,18,21 25:9,13,15 jukeboxes 6:8 182:22 25:25 26:1 27:20 34:7 July 1:20 4:12 5:10 7:12 37:11,24 38:16 39:5,16 117:13 208:18 266:7 40:4 46:2,7 49:2 51:12 284:1 288:14 319:22 53:15 56:10,12,14 57:6 326:11,21 327:4 57:21,25 59:15 61:12 Junction 296:19 297:3 62:1,7 63:1,16 64:2,10 June 5:8 42:17 280:15,21 64:12,17,18,25 65:4,13 281:10 282:18 316:23 65:20,24 67:14,15 68:1 jury 137:2 68:7 70:14,17 71:2,3,4 K 71:5,7 73:6,9,12,15,17 Kaplan 138:3,4,8 73:19,20 74:6 75:4,25 Kaprelian-Becker 77:4,10,11 79:3,4,18 164:13,15,22 166:6 80:4,7,10 81:7,17 82:21 167:4 169:17 83:7,10 85:1,3,5 87:4 keep 10:12 17:5 36:20 88:6,14,14 89:2 90:15 58:12 164:7 169:3 90:16,18,23 91:7 93:7 201:9 215:21 268:2 93:20 94:1,3,5,10,16 287:9,9 288:2 307:14 95:12,13,20 98:18 324:25 99:16 105:15 109:22 keeping 54:5 219:21 112:14,17 113:23 Keith 105:13 138:23 114:14 115:2,12 117:4 194:6 231:23 248:25 117:7,22 118:15 119:4 324:8 119:17,19,20 120:1,16 Ken 28:3,4 155:25,25 121:8,20,24 122:3,9 156:5,15,21 157:7,11 123:1,6,10,13,14 Kenneth 175:13 124:11,18 125:21 126:5 Kenny's 170:5 175:14 126:12,13,17,24 127:4 176:2 192:20,22,24 129:16,17 130:2,19 303:13 305:4,12,16,25 131:2,5,19 133:23 306:4,6,15,25 307:2 134:18,20 135:10,14,17 kept 58:13,15 121:3 137:17,24 138:3,4,20 kids 197:11 200:23 201:1 139:2,6 142:10 143:6 201:9 292:18,24 293:11 143:14,16,18,19,23 293:16 294:14 144:9,11,20 145:3,9,20 Kilbourn 1:19 2:12 7:15 145:21,24 146:11 148:4 kind 10:19 37:9 103:17 148:21,21 150:3 151:17 153:6 170:16 191:23 153:1 154:17 155:7,12 207:23 253:14 261:5 155:15,23,25 156:15,17 300:14 304:11 305:1 157:21,22,23 158:2,12 kinds 185:1 158:13,17,21 161:5,6

161:16,24 162:6,9,22 162:24 163:8 164:13 167:17,18,19 168:6 169:9,10,15,17,25 170:6,13 171:8 172:17 173:8,24 175:13 176:22 177:12,12,14,21,21 179:13 180:11,16,17 181:6,10,11,20,23 182:1,7,17 184:11,16 185:7,12,20 186:6,9,18 187:2 188:8,8,8,10,20 189:2 190:12,13,17 191:14 192:9,21 194:4 194:5,6,8,12,15,16 199:1,22,24 202:1,7,8 202:17 203:20 206:14 207:5,16,18,21,23 208:10 209:1,6 210:5 210:10,13,18,20 211:3 211:21,25 212:2,10,14 212:19,21,22,23 216:3 218:11,19 219:20 221:4 223:23 224:18,21 225:19 226:4,5,15,20 226:25 227:13,21 228:10,19 229:1,12,13 231:21 232:1,3,25 234:8,15,19,20,24 235:2,3,25 236:1,9 238:22,25 239:2,6,9,9 239:13,15 240:25 241:3 242:14 243:5 244:1 250:15 252:1,5,17,23 252:24 254:6,8,15,17 256:18 257:13,14,20 259:16 260:2,16 261:24 262:5,9,25 264:21 265:21 267:8,13,13 268:14 269:8,20 270:6 270:13 271:15,18 273:10,10 276:12,17 282:5,6,9,13,16,16,24 283:1,11,17 284:23 286:6,25 287:5 288:20 288:21,23 289:19,21,25 290:19,21 291:25 294:1 294:3,12,21 295:1,5,8

295:10 298:19,23 299:9 299:11,12,20 300:5 301:5 302:3,6 305:11 308:8 310:10,13,18,25 311:4 312:10,19,24,25 313:5,12,13,14 314:19 316:12 318:3,16 319:8 319:11,25 320:7,13 321:4,21 322:1,4,9,11 323:23 324:4,5,18 knowledge 103:8 185:2 299:8 305:9 known 115:9 134:4,6 173:18 232:4 290:22 knows 152:2 180:12 181:3 215:24 217:3 KOHLER 2:7 Korean 264:13 Krystyna 228:22 232:18 232:19,21 Kurt 274:13 276:22 277:9 284:17 285:12,12 L La 42:3 lack 179:12 182:16 186:25 lady 10:14 lake 45:21 language 183:22 247:15 lapse 50:13 Lardner 43:19,22 44:3 44:10 large 172:8 late 21:9 lately 307:12 latest 266:21 Lathrop 174:20 Latino 28:16,23 29:3,14 30:10,19,23 31:17 32:5 33:9 34:14 104:25 Latinos 30:3 53:7 law 43:20 292:3 laws 99:5,20 lawsuit 27:11 73:8 226:2 239:1 246:15 256:6,18 257:5,9,13 lawsuits 225:18

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 100 of 120 Document 229-6

Page 18 lawyer 86:19 217:6 lawyering 219:16 leader 200:16 leaders 201:13 leadership 200:24 201:7 201:7 leading 53:3 League 43:11 leaking 109:8 learn 109:4 lease 250:1 leave 43:18 44:10 157:11 281:19 leaving 172:19 173:4 led 198:22 left 10:14 303:14 304:6,8 304:15,21 310:11 legal 4:18 111:3,7,11 184:24 280:12 327:1 330:1 Legion 193:22,23,24 289:14 legislation 43:15 44:8 53:3 legislators 139:20 legislature 148:6 legs 12:5 lengthy 53:14 298:5 Leonard 258:17 let's 10:25 75:22 118:17 129:4,19 134:7 152:7 157:10,11 168:25 179:16,16 208:11 241:25 283:20 292:16 Letteney 94:14 letter 245:4,22,24 266:13 327:19 level 123:19 132:8 135:8 142:17 161:9 200:21,24 240:5 241:10 268:13,20 287:18 317:1 levels 106:5 196:10,11,12 196:13 200:15 Levine 119:13,16 266:6 266:17,20 267:16 270:1 270:11,18 271:23 281:1 281:8,18,22 282:2,3,7 282:20 283:1,8

Levine's 299:16 license 44:22 50:9,11,14 104:23 112:24 113:1,3 113:5 117:6 118:8,9 125:16 126:1 130:24 134:24 140:7,11 141:2 162:1 204:18 226:11 235:20 274:2,15 275:3 276:21 277:20 280:23 281:15,23 282:7,12 283:9,12 284:24 285:7 285:22 286:4,21 287:2 287:10 291:1 292:6 293:25 294:20 303:3 311:19,23 312:4 313:2 313:23 317:2 318:2,7 319:3,6,8,13 licensed 82:23 258:18 259:25 260:7,18 261:19 262:7 licensee 185:24 188:11 licenses 96:25 112:10,20 112:21 116:23 134:18 134:19,21 181:8 259:20 licensing 3:10 100:25 104:4 105:20 106:1,7 112:9,18 114:4 117:21 118:4,11,13 123:8,12 123:16,21 124:10,15,23 126:4,19,23 127:2,8 129:7,11 130:13,15 131:7 132:17 133:14 134:9,12,15 135:9 136:13 137:18 138:16 138:22 139:8 140:6 145:7,12 152:21 153:8 155:6,9,19 157:3,16 158:6 159:15,21,22,25 160:1 161:20,22 162:20 163:15,24 175:19 176:12 177:10,19 178:24 187:15 189:13 190:4 195:22 196:3 197:4 198:25 201:20 202:10,21 203:15 204:8 205:1 221:6,8 225:3 226:9 235:18,19 236:16 251:24 252:15 259:5,9

271:2,15 274:1,14 277:20 304:1 305:6 308:20 310:1,22 314:4 316:22 318:6 lied 71:12 likelihood 173:11 limit 81:18 limited 190:2 line 6:2 88:17 99:10 100:10,14 153:16 234:1 238:5 248:24 327:13 329:7 liquor 112:20 114:4 123:8,21 124:10,15,23 125:25 126:4,19,22 127:2,7 129:6,11 130:15 134:9,12,15,18 134:21,23 135:8 136:12 140:7,11 141:1 160:1 161:21 162:20 276:21 285:22 290:25 294:20 311:19 list 122:1,4,9 235:5 259:20 261:17 listed 329:7,17 listen 75:7 77:8,12 78:18 92:19 230:14 listening 87:25 172:7 173:15 325:1 listing 329:7 lists 166:21 260:19 litigation 226:6,8 little 10:16 12:13 24:11 35:2 42:16 43:6 61:7 88:10 106:19 118:1 211:15 250:16 276:3 295:4 307:13 live 29:19 40:20,22 189:20 192:16 195:24 196:5 202:3,23 230:7 livelihood 131:9 lives 231:24 290:6 living 292:8 lobbied 44:6 lobby 43:24 44:5 lobbyist 43:23 LOCATED 1:19 lodge 268:18

Lofts 47:5,24 196:19 log 300:14,15 logical 81:13 84:13 218:18 long 6:9 10:2 12:3 24:16 24:18 42:24 43:3,16 44:3 45:4 55:1 74:20,21 74:23 87:24 88:12,21 89:5 92:12 95:7 105:18 179:23 182:23 222:16 292:14 longer 159:22 161:11 211:15 238:24 look 24:15 38:15 56:21 84:10 102:12,13,20,23 103:9,21 104:11,15 106:10 120:7 121:1 131:12 141:22 153:3 170:12 175:12 211:11 221:15 238:2 247:4 260:15 280:3 285:3 289:24 300:11 324:6 looked 14:13 looking 85:6,9,19 162:1 250:25 260:17,21 266:23 267:1 284:23 293:7 302:9 looks 153:5,6 158:18 165:16 260:11 266:21 267:18 268:9 276:23 277:22 284:9 319:4 lost 281:1 290:25 292:6 294:19 lot 14:14 18:20 58:10 66:25 77:1,2 120:16,24 147:11 175:10 222:25 224:16,24 230:22 265:5 282:4 292:11 304:23 318:12,18 Lou's 193:18 194:2 loud 193:12 low 90:7 196:23 198:23 lower 245:12 lowest 198:16 luck 171:9 Lumpkin 28:3,4 155:25 155:25 156:5,16,21 157:11

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 101 of 120 Document 229-6

Page 19 210:15 211:2,18 212:9 212:12,15,17,24 213:2 213:5,12,15,19,23,25 214:1,5,9,15,18,22 M 215:5,9,12,19 220:3,6 M 1:24 9:6 326:3,23 220:10 221:2,7 223:19 Maceman 5:4 311:14,18 224:1,11,15,18 225:2,8 machine 10:16 225:9,15 226:13 229:4 Madison 42:20 229:16,18,21,23 230:10 Madrid 264:12 232:10 233:2,3 234:4 magnitude 190:19 234:18 235:6 236:3,15 Main 44:6 48:3 170:5 236:21,25 237:21 176:2 192:20,22,24 238:20 239:15 241:15 303:14 305:4 310:19 242:4 243:9 247:21 311:8 252:12 272:12 273:8 maintained 95:14 275:6,17 278:2 major 32:23 42:8 45:13 Marcus's 225:23 228:21 77:24 265:24 307:18,25 236:20 237:11,15 238:6 308:1 239:9 242:8 273:14 majority 194:8 235:19 275:12 276:5 makeup 102:24 103:9 Marhetta 258:17 107:3,5 108:8 mark 2:16 7:10 87:19 making 129:6,11 130:14 119:13,16,17,20 152:19 136:2 168:16 195:23 184:23 258:2 266:6,17 202:23 210:8 216:9 266:20,21 270:1,11,17 253:15 254:1,4 258:24 271:22 281:8 283:1 293:22 324:8 299:16 315:10 319:16 male 176:23 249:21 marked 12:24 13:1 16:8 man 39:4 40:16 87:23 92:24 152:24 158:22 88:1 150:4 180:19 163:10 175:16 185:14 242:20,21 285:16 286:6 185:16 211:4 233:16 286:15 287:15 288:7,9 237:18 248:11 255:8 288:13,15,18,22 289:1 258:2,5 262:13 266:3 289:4,9 267:23 273:18 278:14 man's 180:18 279:5 284:11,13 289:22 manager 35:19 56:21 298:3 311:11 315:7 mandatory 61:24 62:5,9 316:9 319:18 322:18 62:17,24 63:15,17,18 Marked/Identified 3:2 64:1,2 4:2 5:2 manner 29:12 222:24 market 49:10,23 Marc 278:2 Marquette 47:8 March 3:22 233:21 Mary 14:18 27:20 36:4,5 237:22 248:15,17 60:12 Marcus 3:25 6:11 14:22 mass 42:7 39:14,18,23 40:1 107:6 matter 10:3 64:12 124:23 107:9,12,22 108:10,15 137:17 155:5 159:6,14 108:25 109:8,10,24 195:14 230:6 234:12 110:15 111:8,17 208:24 270:19,21 274:25 Lumpkin's 157:8 lunch 152:11,15 Lyle 2:16 7:10

285:18 292:7 307:1 matters 26:17,19 96:22 109:17 114:4 116:25 117:21 118:4 123:9,16 123:21 124:15 126:4,19 126:23 127:3,8 129:7 129:12 130:15 132:17 134:9,12,16 135:9 136:13 137:20 160:2 161:22 162:21 240:4 mayor 8:8,24 9:4 12:2 13:2 24:20 25:2 26:14 27:5,14 31:15 37:22 49:21 50:6 56:24 61:5,8 68:14,18 69:2,9 71:17 71:21 85:20 87:23 91:11 95:22 96:3,5,7,10 96:10,11,16,21 97:4,6 97:18 98:21 99:14 100:1 113:18 115:4 132:1 139:17 147:24 149:14 150:4 152:2,21 153:1 162:16 179:24 180:14 181:10 183:6 206:7,19 209:10,16 216:22 226:17 229:19 243:18 259:12 260:17 308:11 311:13 319:20 323:11,19 mayoral 27:1,2 96:8 97:14 mayors 50:21,23 51:1,1,8 51:18 52:1 53:3 54:3,19 54:22 55:2,6 91:4 MCCAMBRIDGE 2:2 mean 34:13 57:22,23 59:22 68:8 89:4 107:20 114:22 122:3 128:21 139:18 145:6 148:8 154:7 157:21 166:9 168:4 171:23 189:7 190:18 192:9 201:20 202:25 203:10 206:16 214:16 216:20 222:15 230:8 235:11,15 257:16 260:20 271:7 272:13 276:11 282:24 287:2 288:4 291:5,11,23

293:18 297:4 299:3 304:11,22 305:14 312:14 321:9 meaning 154:4 202:8,11 291:11 294:4 means 75:5 87:13 98:8 127:13 184:9 206:25 214:19 226:21,25 291:10 312:25 313:6 320:17 meant 154:15 166:7 183:19 231:16 282:5 321:10,15 measure 178:9 measures 97:8 184:2 mechanically 199:5 medications 11:18,21 meet 26:6 28:4 134:17,20 315:5 316:3 317:12,23 318:5 meeting 3:10,12,14,17 4:17 5:8 28:3 51:22 52:18 109:14,15 110:8 110:10,11 113:22,23 114:12,17 122:11,17,20 135:21 152:20 153:2,5 153:6,9,12 158:24 159:2 163:13 175:20 176:8 178:16 210:14 221:10 224:22 240:1,3 252:20,22,23 271:2,16 272:5 274:6 285:6 287:7,21,24 313:16 315:19,21,22,25 316:21 316:23 318:4,6,21,23 324:16 meetings 19:15 50:20,24 91:11 97:7 113:18 114:1,7 121:3,10,13,19 156:6,23,24 162:7,10 224:24 273:21 299:25 Meissner 1:18 2:11 7:14 326:9 Melvin 40:7 member 64:22 97:6 113:11,12 156:20 157:17 160:24 161:4 189:12 190:4,25 191:5

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 102 of 120 Document 229-6

Page 20 191:8 200:11 245:15 246:19 268:11 284:17 299:10 319:22 members 6:8 22:2,7,17 29:3 30:18 31:17 34:3 59:6 101:16,22 102:14 102:17,19,20,21 103:16 103:19 104:7 109:1 112:16 115:6,8,10 117:24 118:3,11 121:7 123:15,20 125:2,9,14 125:23 126:3,10,15,18 126:21 127:1,7 129:5 130:14 132:16 134:3 135:23 136:2 137:4,12 137:17 138:15,22 139:7 139:15 140:3 141:25 142:6,22 143:10 156:7 156:11 157:12 158:6 161:20,25 162:18 176:13 177:10,19 178:24 179:23 181:7 182:6,21 183:11,19 184:14 189:16 191:17 192:8 195:21 196:2 200:5 227:11 231:17 244:9 245:18 246:10 247:6 287:20 299:4 306:9 311:15,16 313:8 men 41:25 308:19,23 mention 207:18 235:6 257:9 mentioned 21:18 55:8 207:13 265:19 290:8,25 Meredith 235:24 Meredith's 235:23 MERIT 1:24 met 19:16 26:7 30:22 115:6 316:2 metals 176:23 Metro 4:24 55:4 298:5,21 298:24 300:10 Mexican 185:25 186:6,17 187:6,22 Meyer 175:13 176:11 178:13 179:18 Michael 2:12 4:4 8:7 19:13 87:2 140:20

149:5 215:25 217:17 219:15 241:5,23 242:16 248:14 252:1 255:4 256:13 280:11 296:2 327:5 Michael's 287:13 Mick 36:2 micromanage 67:3 microphones 7:3,7 middle 256:17 257:6,22 298:12 309:11 midst 29:10 MIDWEST 330:1 Mike 16:11 85:16 242:16 324:7 miles 148:5,8 million 250:13 Milwaukee 1:19 2:8,13 7:15 326:2,10,20 mind 10:12 148:24 216:5 216:7 320:9 mine 116:17 221:12 222:20 241:14 280:3 minimum 51:4 ministries 197:18 minorities 35:1 68:23 69:1,5,8,13,19,23 70:3 74:18,25 76:9,19 78:15 80:3 88:23 89:10,20 154:12 177:5 206:25 207:2 248:5 252:14 321:25 minority 30:11 34:10,12 34:22 36:9 175:10 207:7 208:3 228:9,11 228:16,20 236:5,16 237:3 238:8 251:23 289:18 307:21 minority-owned 48:8 228:4 289:20 307:21 320:11 321:16 minute 159:2 minutes 3:10,13,15,17 4:17 5:8 12:4 83:24 112:5 113:24 121:3,6,9 121:12,18,23 122:12,17 122:21 152:20 153:2,5 153:7,9,12,16 158:24

163:13 170:2 175:20 176:8 178:16 203:21 240:2,3 274:6 284:7 285:6 316:22 318:21 325:2 misconstrued 11:7 misnamed 9:21,23 missed 54:20 missing 279:12 mission 112:13,14 misstate 157:5 misstated 273:1 misstates 15:20 30:5 31:23 66:18 84:2,16 127:11 138:10 146:4,18 156:13 162:13 165:14 166:4 168:1 179:6 180:4 186:23 189:4 203:4 207:14 236:7 240:8 243:10 263:16 277:15 mistake 246:5,7 misunderstanding 167:3 Mix 41:21 mjc@mtfn.com 2:14 moderate 256:22 257:8 moderating 256:12,20 moment 129:8 momentarily 170:11 Monday 153:12 money 245:14 246:2 286:16 Monte 36:2 month 249:20 251:2 months 42:15 159:5 251:10,20 266:19 281:7 285:18 Morgan 324:17 morning 309:14 311:21 motion 275:7,8,12 276:1 276:4,5,11,13,14,16 277:11,23 motioned 269:7 motions 276:16,17 280:15 motivated 286:18 move 83:14,21 86:23 87:8 104:7 105:4,21

106:2,3 107:6 149:12 150:19 151:6,18 180:23 184:11,17,21 200:23 215:23 216:19 217:11 217:15,23 218:2 219:6 219:10 221:7 223:4,12 242:1 293:13 315:5 moved 106:22 107:2 118:8 135:1 220:10,14 220:22 221:13,17 moving 37:16 38:18 274:5 276:18 Mozol 262:19,22 Mt 40:13 multiple 144:24 145:15 municipal 8:8,22 music 6:5 75:4,8 76:14 76:17,21,23 77:3,4,8,10 77:12,14,20,21 78:3,4,7 78:14,23 80:12,17,18 81:3,10,12,15,18,21 82:4,19,22 83:5,25 84:8 84:11,14 86:3 87:25 88:22 89:6 92:19 154:6 154:21 155:10,20 156:9 157:14 158:9,19 164:9 164:24 165:11,23 166:22 167:6,10 168:4 168:11 179:19 186:1,17 187:6,22 mutually 325:12 N N 2:1,19 9:6,6 70:15,22 253:10,19 Naferet 297:21 name 7:10,21 9:8,9 13:13 33:14,23,24 45:1 103:3 104:19,21 200:14 207:19 209:3 210:15 236:1 258:17 300:2 327:6 328:3,4,15 329:3 329:4,21 name's 239:3 names 261:17 299:2 national 53:25 196:14 198:5,7,7 nationwide 51:1

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 103 of 120 Document 229-6

Page 21 nature 9:19 19:6 50:20 81:12 275:23 near 263:21 need 9:5 10:12 109:4 144:7 147:9 152:7 181:15 183:21 199:13 268:12 300:25 301:17 324:14 needed 250:11 needs 131:23 323:21 324:12 negative 13:8 200:22 negotiate 245:9 neighbor 26:9 neighborhood 171:21 172:3 228:5 292:8 325:16 Nenonen 93:4,13,13 94:22 neutral 76:12,22 78:22 79:2 80:6 never 32:10 37:13 45:21 94:3 98:19 104:11 112:17 113:22 114:11 117:23 126:5,15 135:19 161:3 163:1,4,8 180:13 238:18 239:20,25 240:1 243:25 253:15 278:2 288:23 289:5,5 new 32:2 61:13 102:5,13 102:18,20 103:5,16,19 103:19 104:5,6 106:15 106:17,21 107:3,17,24 132:6 134:2 164:5,25 166:13,15,21 167:5 169:1 220:8,23 246:19 newly-elected 102:16 news 195:14 281:23 283:10,11 newspaper 307:4,5,6 newspapers 57:14 next-door 26:8 Nichols 1:18 2:11 7:14 326:10 Nicholson 2:15 299:12 310:23 311:3,4 night 8:21 171:12 172:1 287:8 301:14 303:10

276:25 310:4 309:11 311:5 318:9 objected 275:6 nights 300:16,17 objecting 275:17 nine 300:18 objection 20:12 30:5 Nodding 169:6 239:5,7 32:17 37:19 49:12 noise 290:17 55:21 56:17 63:19 noises 193:12 66:18 70:5 75:2 79:14 nonminority 236:18 79:22 80:23 81:5 84:2 237:4 238:9 84:16 86:5 88:2 89:11 nonprofit 298:17,19 89:22 90:21 92:7,14,21 nonrenewal 125:25 98:7,10,23 108:12 136:14 317:1 318:7 114:25 115:20 116:3 nonrenewing 318:1 124:16 127:11,18 128:4 North 2:8 327:1 128:8,11 129:13,25 not-- 204:17 130:17 131:10 133:5 notarized 327:15 136:5 137:7,22 138:10 Notary 326:3,23 328:10 138:18,25 139:12 328:18 329:15,23 140:14 141:13,20 142:2 330:23 142:8,18,24 143:12 note 7:3 94:20 327:12 144:2,17 145:1,18 notes 109:11 110:20,21 146:4,18 147:2 149:6 notice 8:15 171:20 172:2 149:11 151:3 154:13,22 172:25 155:21 157:4,18,20 noticed 110:4 171:1 158:10 160:3,19 161:2 notwithstanding 301:15 161:13 162:13 163:6 November 16:16 266:20 165:13 166:4 167:12 267:11,22 268:1 168:1,7,13 171:22 nuisance 311:22 312:2,12 172:4 177:6 178:19 312:17 179:6 182:24 184:16 number 7:20 39:10 48:2 186:19 189:4 192:25 102:25 182:11 186:3 194:11 214:11 220:17 200:9 206:22 225:17 222:2 223:21 224:4,14 231:20,21 235:24 280:2 225:12 227:5 233:4 281:1,19 284:7 285:15 236:7 243:1,10 244:20 286:8 288:15,22 289:1 263:15 268:19 271:4 289:3 298:11 327:7,13 287:7,13 294:9 295:17 numbers 38:15 78:20 302:5,14 303:19 304:2 95:6,7 238:3 274:21 305:8 306:13,16 310:16 279:12,22 329:7 310:24 312:5 313:3,11 numerous 192:14 314:24 320:12,24 O 321:19 322:8 324:1 O 9:6 objections 81:22 82:6,12 oath 8:11 70:18,19 149:16 180:3 182:10 object 15:19 17:24 27:17 187:7,24 31:10,22 49:20 80:13 objective 112:12,13 88:24 111:4 141:7 obligation 68:15,19 156:12 226:18 234:21 observation 156:7 240:8,12 268:15,19 observations 237:1

239:17 240:6 252:7 observe 175:4,5,6 observed 99:5,20 156:23 obstacle 223:20 obtain 258:25 obtained 308:18 obvious 216:14 222:19 obviously 14:14 75:15 134:8 145:8 196:8 289:10 299:5 303:12 319:13 occasion 56:23 124:21 203:19 230:10 231:7 254:6,9 255:23 256:1 occasions 156:24 205:13 225:10,17 230:16 occupancy 193:20 314:1 314:5,7 315:3,4,5 occupy 33:15 occur 110:24 occurred 224:23 251:20 252:19 308:13 310:3 occurrence 251:19 occurring 310:15 October 4:10 262:19 offenses 320:10 offer 17:15 43:19 offered 179:14 offhand 14:20 26:22 48:6 52:11 289:17 office 26:11,16 27:6 36:14,15,17 37:21 40:14 44:25 101:11 109:11 192:15 209:11 229:15,17,22,25 230:4 230:15 231:3 259:4 officer 72:18,20 98:1,3,5 191:12 officers 72:9,15 99:6,21 136:24 178:2 298:24 320:2,18,20 321:4,8,14 official 95:11,12 328:15 329:21 officials 220:9 oh 27:9 29:9 34:13 55:2 148:21 180:20 217:1,1 222:21 278:5 279:3,9 279:20,24 281:11 285:4

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 104 of 120 Document 229-6

Page 22 316:15 okay 10:5,9,13,25 11:12 11:13,22 12:10 13:15 14:1,7 16:12,24 18:12 18:15 21:18,23 22:5,13 22:20 23:4,14,24 25:11 25:18 28:22 29:24 30:14,17,24 31:6 32:10 32:14 33:15 35:8,13,15 36:8 37:15 38:9 39:17 42:15 45:4 46:12 47:19 48:1 49:1 50:24 51:2,14 52:5 53:5 55:8,14 56:4 58:2 59:11,18,21 60:3 60:11 61:7,20 62:3,13 62:20 63:3,9,12,25 64:7 65:10 66:2,8,12,16 70:25 71:24 73:20 74:1 74:14 75:12 77:12 78:2 80:20 81:19 82:25 83:9 84:13 85:12 86:11 87:11,18,21 88:11 89:25 90:9 91:10 93:24 94:10,19 98:17 100:18 101:10,13 102:10 105:6 111:10 113:13 115:16 118:1,6,17,23 119:5,16 120:9,15 121:2,18 123:25 124:13,21 125:7 126:17,25 128:17 129:7 129:10,22 130:11,21 132:12 134:15 135:11 136:16 137:1 139:7 144:14 145:14 150:1 152:9 153:15,18,23 154:1 155:13,25 156:5 160:15 162:11,11 163:12,23 165:9,21 167:2,9 168:25 170:15 170:22 171:19 176:8 179:16 182:5 183:17 185:11,19 187:17,20 189:17 190:11,18 191:4 191:7 192:9 195:4 202:20 205:11 206:15 207:3,25 210:22 211:15 212:5 213:23 214:10,19 215:13 219:19,20,23

221:25 222:14 225:25 234:13 238:4,18,21 239:14 240:21 241:15 242:7,10,18 243:7,23 245:5 248:3,19,23 251:11,19 252:3 253:2 253:20,22 254:14,20 255:17 258:11 260:5 263:4,12 264:2 266:10 268:10 269:10,15 270:22 272:23 274:5,21 274:25 275:6,24 276:10 277:14 278:6,18 280:7 281:5,14 283:20 285:4 285:9,20 286:4 287:13 288:4,17 290:1,10,12 291:13 292:17,19 293:10 296:12,15 297:6 297:11,16 298:9,10,13 298:21,25 299:12,16 300:1,8,12,20 304:24 308:11,17 309:25 310:9 311:18 315:14 316:19 317:20,22 320:3,19 322:17 323:1,3,5,16,17 323:18 325:10,18 old 40:18 102:21 193:21 201:2 264:12 once 113:21 128:3,6,14 167:16 293:8,12,14 294:8 303:4 309:15 one's 126:24 127:4,5 ones 14:19 22:8 30:25 44:6 48:11 52:11 110:3 121:14 166:13 169:15 192:13 207:21 262:6 264:8,10 289:11 open 202:4 249:23 292:6 292:10,12,14 opened 171:7 193:19 251:6 313:14 opening 171:8 235:15,22 openings 102:2,4,6 operates 97:10 operations 106:9 108:21 109:5 opinion 83:20 91:14,17 117:21,23 144:12 157:8

157:10 160:15 209:23 210:11 217:23 221:3 226:24 237:6,9,11,13 238:7,11,17 239:16,19 239:22,24 240:13,13,22 240:24 241:2,3,4,4,9,11 241:13,14,16,18,22 279:1,8 280:12 304:9 opinions 17:16 118:4 219:21 240:6,25 opponents 38:24 opportunities 32:3 102:17 250:20 opportunity 9:2 32:24 194:20 220:11 293:7 opposing 243:17 opposition 243:23 option 100:15 optional 100:18 order 54:6,7,8 244:7 258:4 276:5,5,12 288:2 288:3 orders 190:19 ordinance 132:7,19,21,24 133:3,17,20 ordinances 99:4,20 ordinary 95:14 organic 37:9 organization 44:24 198:5 organizations 189:21 original 6:20,21,24 100:12,21 originally 314:20 Osterman 36:3 Osterman's 14:18 other's 297:25 Ottoline 324:7 outcome 245:11 outgoing 209:10,14,18,22 outside 36:19 60:6 162:1 190:13 193:15 200:10 238:13 263:25 265:16 286:13 296:8,16 310:3 316:7 overall 106:8 overhead 251:5 overlapped 207:23 overly 59:16 128:11

143:2 155:1 overrides 98:16 overtime 286:1 overwhelmed 104:6 owned 48:12 297:4,5 owner 123:3 136:23 153:24 161:10,15 167:10 175:13 179:14 187:14 191:15 194:3 309:25 owner's 167:21,24 owners 156:25 157:13 158:7 227:16,19 251:22 251:23 297:17 ownership 67:20 owns 289:21 290:3 P p 2:1,1 3:4,6,8,11,21,23 4:6,8,10,12,15,20,22 5:10 p.m 1:20 152:10,13 208:14,19 283:22 284:2 284:18 287:8 325:5,22 325:23 326:12 page 2:20 3:2 4:2 5:2 6:2 94:21 95:4,21 97:3 99:24,24 153:15 159:6 163:17 164:4 175:23 185:24 237:23 238:2,5 248:20 258:9 274:11,17 274:20 277:8 279:6,11 279:22 280:2,5 298:12 327:13 329:7 PAGE/LINE(S) 330:3 pages 16:15 238:1 paid 33:17 34:1 35:23 36:6,7 60:7 panel 256:20,22 257:8 paninis 313:19 pants 6:9 179:22 182:22 paper 10:13 245:4 papers 57:1 paragraph 96:19 97:3 99:14 182:12 185:23 256:7 269:10,14 271:7 320:4 323:6,8 Pardon 41:24 51:21 96:6

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 105 of 120 Document 229-6

Page 23 102:3 140:19 295:14 319:7 park 4:14 114:8,13,15 117:3 118:9,12,19,25 120:4,13,21 138:17 139:9 145:24 146:2,10 146:16 147:1,7,10,11 147:12,14,19,24 148:13 149:1,15,20 150:7 170:9,10,11 171:16 201:23 202:1,4 223:20 224:3,12,19 226:16 227:3,14,22,23 228:2,7 228:8 235:7,11,14,15 235:20 253:7 263:2,8 263:25 264:2,3 265:16 266:22 267:7,11,18 268:5,8 269:12 270:2 270:12,18,23 271:19,23 274:2,13,15 275:3 276:21 277:21 280:22 281:9,15,23 282:7,12 282:15,21 283:7,9 284:24 285:7,22 286:4 286:21 287:16,16,24 288:8,19 289:10 290:5 290:7,9,10,25 291:6,23 292:5,20 293:8 295:12 295:15,16,21,22,25,25 296:16 297:19 300:12 301:11,21 302:1,4,11 302:13 303:2 306:7,12 308:20 311:20 312:13 312:18 313:10,14 314:18,23 315:22 316:1 316:4 317:1,12,25 318:7,14 320:5,22 parked 297:20 parks 231:5 Parkside 50:3 parlor 314:11 part 12:21 13:15 26:25 45:11 52:22 54:20 60:4 71:16,20 73:8 83:11 154:2 197:2,17 231:18 235:5 268:22 269:9 298:14 299:9 329:9 participate 26:13 233:1

participated 217:5 particular 8:9 22:7,12 23:7 24:12 28:21 29:21 30:2 35:18 46:2,3 64:10 74:9,14,21 76:5,14 78:5 78:8,11 79:6,21 91:7 116:22 118:22 124:24 137:5,20 144:15 172:23 174:21 192:10 203:13 226:16 227:1,2 245:1 266:17 285:15 286:1 288:8,19 306:10 317:25 particularly 52:11 115:13 307:20 parties 7:9,23 135:17 325:11 326:15 parties' 280:14 party 239:1 252:20 291:2 292:22 pass 49:3 passage 269:8 passed 53:3 133:25 266:19 Pastor 40:7 patmarklev@sbcgloba...

299:17 Patrick's 30:25 patron 178:4 310:11 patrons 31:13 164:9 176:23 191:20 305:4 307:22 Paul's 31:1 pay 172:24 peek 171:1 Peg 193:18 194:2 penalty 13:16 pending 7:18 12:8 Penny 12:19,21 13:24 70:14 252:17 253:4,5 254:10,12 257:7,12,14 257:21 people 23:19,21 32:5 33:9 34:17,21,25 35:11 35:15,23 36:18 37:16 38:25 47:17 60:16 65:2 68:16,20 70:9 73:24 74:10,11,12 75:18 77:2 78:17 88:11 92:1,4,11

92:18 102:5,7,11 105:22 106:18,21 110:1 110:5 114:13 119:8,13 119:14 130:4 140:1 164:7 168:21,23 169:3 172:9,20 173:8,16 178:1 189:20 190:13 192:16 193:10,11 195:24 196:5 197:22 198:1 200:19 202:3 203:18 204:4 205:13,24 206:3 210:7 218:9 239:10 241:9 244:9 246:2,25 248:5 249:3 249:10,13 251:15 253:12,24 259:3,7,13 259:16 261:1 266:18 272:19,20,21 286:8,12 292:8 294:7,13 295:4 298:11,25 300:22 303:14 311:9 people's 181:8 perceive 141:5 perceived 141:10,11 percent 34:9 38:5,5,6 79:11 198:1,15 percentage 207:3 Perez 104:22,24 performance 108:23 128:18,22 performing 128:20 period 8:24 61:22 62:3 periodical 57:20 perjury 13:16 71:11 permanently 294:6 permit 193:20 314:1,5 315:3,4,5 persistent 144:14 192:23 person 46:10 136:11 192:15 193:14,15 211:7 257:24 258:14,15 273:11 309:21,23 personal 25:18 233:24 299:6 326:7 personally 19:5 64:6 149:14 169:18 264:18 264:21 290:19 328:11 329:15

persons 106:21 perspective 49:11 130:8 214:23 Peter 43:2 Phoenix 238:21 242:11 phone 75:11 192:16 227:7 259:13,17 261:5 281:19 327:2 phones 7:6 phonetic 297:21 photo 3:20 75:17 photograph 211:8 phrase 37:13 74:2,3 102:18 206:12 phrased 322:15 phrases 11:5 pick 7:4 picked 311:8 picture 75:10,21 pictures 290:23 piece 183:24 pieces 57:24,25 58:2,6 184:8 pile 17:6 21:15 place 7:6,13 51:3 54:6 114:17 131:7 154:18 164:5,24 169:2 171:4 171:16 174:12 190:6 193:6,7,8,9 195:24 196:5,6,9 198:21 199:23 202:3,23 226:17 227:3 263:9 264:7 265:16 288:3 289:10 290:14 297:2 306:8,11 312:23 plaintiff 70:25 239:3 plaintiffs 1:6 2:5,10 7:16 8:2,4,6 17:11,14 71:3,4 plaintiffs' 280:16 plan 29:15,20,22,25 30:8 30:15 48:21 49:6 301:7 313:1,9 planning 121:16,17 170:19 249:20,22,25 291:1 313:15,25 314:3 314:14 plans 311:21 312:1 platforms 194:19

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 106 of 120 Document 229-6

Page 24 play 10:19 130:16 156:9 156:25 157:14 158:8 185:25 187:21 195:25 196:5 202:3,24 played 155:20 player 225:4 241:6 playing 155:11 217:7 Pleasant 40:13 please 7:3,5 9:8 11:1,10 13:5 75:15 82:16 84:25 87:12,19 93:2 95:5 96:9 146:21,23 159:6 184:23 187:3 211:11 223:17 245:18 250:18 255:2 273:23 289:25 316:14 327:11,11 plural 249:11 plus 45:20 point 45:15,19 47:1 94:1 148:15 178:2 192:5,7 210:22 253:6 275:1 276:18 278:20 280:11 287:3 301:1,9,10,19 316:25 pointed 263:13,19,20,24 pointing 263:22 265:6 297:24 points 235:5 police 22:25 23:1,1 71:20 72:8,15,18,20 100:1,5 100:11,16,17,19,22 136:24 172:17 173:2 189:25,25 190:8 191:3 191:12 197:5 199:10,10 201:8,12 204:3,12 231:6 265:1 267:2 270:24 285:17 286:10 286:13 289:1,4,9 291:5 291:19,22 292:19 293:2 295:3 298:21,24 300:10 306:1,10 307:8 308:15 308:18 310:14 311:15 311:17 313:9 319:23 320:9,18,20 321:17 policies 176:16,18 policy 43:15 96:21 176:21,24 177:1,4 political 26:17 42:7 152:4

242:12 politics 44:19 population 28:17,24 29:3 29:15 38:2,4 pornographic 314:10 Porters 195:6,7 portion 70:21 82:17 146:24 265:23 portions 16:22 228:17 Portrait 290:3 position 33:15 43:12 55:14 96:12 132:25 151:22 233:8 246:14 263:24 301:20 positioned 264:5 positions 60:14 225:16 positive 165:1,12 166:3 167:7,11 168:5,11 169:7,9,23 possible 118:18 139:4 238:16 possibly 106:3 post-college 50:1,8 posted 176:16 263:7 264:16 posting 265:14 potential 26:20 113:13 potentially 147:23 246:14 poverty 32:2 91:9,12,15 91:16,16 power 97:18 132:4,9 139:19 141:17 PowerPoint 52:19 powers 100:12,18 practice 105:17 106:12 Pre-Apprenticeship 197:10 preceded 94:17 preceding 94:11 326:5 precipitated 301:3 precipitates 188:19 prejudge 136:3 premise 187:14 260:7 261:19 262:7 premises 258:18 259:25 260:18 prep 19:7

preparation 9:3 18:16,22 21:19,24 22:22 122:14 prepare 19:3,12 presence 291:5,19,22 292:16 293:9 present 2:16 7:22 52:2 135:17 presentation 51:10 53:20 presentations 54:11 61:10 presented 51:15 131:13 133:23 136:18,22 161:8 162:2 223:19 277:6 presently 37:19 49:5 61:2 president 53:19 140:3 324:23 President's 54:6,8 presides 97:7 press 12:22 52:22 54:1,5 57:10,11,22 195:20 205:8 presumably 154:4 252:7 285:16 presume 11:15 103:19 291:5,10 pretty 87:5 218:18 prevent 53:7 prevention 196:15 previously 258:2 primarily 77:21 primary 39:1,8,14 40:8,9 prior 9:11 133:6 193:20 271:19 296:5 priority 65:25 66:2,13,23 private 7:5 privilege 19:22 21:12 privileged 14:8 21:4,11 privileges 68:24 69:3 proactive 197:6,9 probably 26:7 27:9 35:3 47:24 74:3 77:22 98:7 124:25 171:9 173:17 175:7,8 205:12 222:20 231:6 257:22 281:2 problem 6:7 162:16,23 162:25 163:3 165:9 182:5,20 183:3 204:19 204:22 206:21,24

217:16 227:15 229:19 246:13 259:3 261:1 284:6 297:25 307:16 problems 94:24 147:11 155:15,17 158:20 213:8 213:10,16 235:9 265:7 265:9 295:1,5 297:6,9 302:17 Procedure 328:5 329:5 procedures 164:5,23,25 166:12,16,21 167:6 169:2 proceed 8:1 208:21 Proceedings 7:1 325:23 proceeds 320:7 process 33:2,5 118:10,20 119:1 124:6 125:4,5,11 130:24 131:15,18,25 132:20 133:13,15 135:11,14,20,23 139:9 142:17,23 143:2,4,11 144:1,8,16,21,25 145:4 145:10,17,22 146:13 189:3 199:14 261:2 275:13 277:11 297:12 303:3 309:20 318:1 produce 10:17 produced 8:25 20:20 production 20:9 327:22 production-midwest@...

327:16 Professional 242:25 program 63:4 64:15 65:1 65:7,12 66:3,13,22 67:9 67:18 126:9 127:6,17 133:2,9 196:6,9 197:5 197:18,20 198:7,11 199:2 203:10 204:5 programs 62:17,24 66:25 67:10 198:19 199:6,15 199:16,22,23 200:9 203:23,25 prohibit 82:22 83:4 prohibited 80:20 81:2 82:4,19 prohibiting 74:17,23 76:8,17,23 179:20,21 179:22,23

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 107 of 120 Document 229-6

Page 25 prohibition 6:5 76:11,21 105:2,7,13 106:13,22 310:1,21 316:22 318:6 78:13,21,23 79:1 80:1,5 107:7,23 108:10,17,23 326:4,23 328:10,18 80:8,11,16,18 81:9,14 112:8,16,18 113:8,18 329:15,23 330:23 81:20 83:25 84:8,11,14 114:7,12,16 115:6 publicly 210:1,9,10,11 86:2 88:20,21 186:16 117:20 118:3,24 120:3 228:25 229:1,3 187:5 120:12,20 121:3,10,18 published 57:19,21 58:1 prohibitions 89:5 184:15 122:11,17 123:7,15 pulled 250:4 project 46:5,8 195:6,12 125:2,9,14,23 126:3,18 pulling 168:20 172:18 195:15 126:21,25 127:6 129:5 184:8 projects 282:4 132:16 134:3,8,16 purchase 47:17,20 promoted 204:16 135:8,23 136:1,11 purchased 47:23 prompts 192:9 137:3 140:10 141:1,25 purchasing 250:5 propensity 324:8 142:6,16,21 143:10,25 purported 8:23 proper 108:2 180:6 153:2 156:6,11,23 purpose 48:18 112:8 160:9 219:24 223:17 321:17 159:3 164:18 183:19 purposely 27:14 properly 278:9 190:25 191:5,9,17,21 property 67:21 311:22 191:24 199:3,17 213:2 purposes 199:18 214:2 258:3 312:2 213:5 215:6 220:6 pursued 138:16,23 proportion 91:24 221:13,19 223:20 purview 100:4 proposal 48:19 53:11,13 227:11 236:21 237:1 push 197:19 134:2 141:15 249:25 238:19 239:16,21,25 proposed 315:21 317:12 240:2,4,7 241:10 262:1 pushed 21:5,14 pushing 307:13 prosecute 189:9 262:24 268:4,7,25 put 13:6 29:15,16,20,22 prosecuting 189:8 275:2 297:12 303:2 30:7 57:6 60:3 107:9 prosecution 142:1,7,15 PSLC's 124:14,22 134:22 111:3,15 118:9 168:22 prosecutor 135:7 135:4 269:2 276:20 196:6,9 198:20 204:5 protect 245:20 293:5,15 pub 49:7 297:3 209:3 213:12 219:16 294:14,23 public 3:10 100:25 101:9 225:16 245:23 246:13 prove 251:18 103:25 104:4,22 105:20 246:19 250:1,9,14 proven 191:10 106:1,2,6,6 110:20,21 273:3,15,17 286:7 provide 210:6 229:8,10 112:9,10 130:13 133:14 295:3,7,8,10 296:18,21 245:7,8 279:4 288:2 137:13,15,18 138:15,22 putting 6:12 30:15 provided 6:21 229:6 139:7 140:6 143:3 199:23 215:6 247:2 293:9 311:5 145:6,9,11,12 152:20 provides 96:1 153:8 155:5,9,19 157:3 Q PS 221:5 157:16 158:6 159:15,24 Q.A 244:13 PS&L 102:19 123:2 161:19 163:14,24 qualified 231:21 135:20 145:10,22 175:19 176:12 177:10 question 6:4,7,11,14 157:22 158:17 188:22 177:19 178:24 187:14 10:18,18 11:2,9,11,14 259:23 261:4 275:9 189:13 190:4 195:21 11:16 12:7,8 18:24,25 301:24 196:3 197:1,3 198:25 20:13 25:11 30:17 PS&L's 198:3 201:20 202:10,21 204:8 31:19,24 32:18 56:18 PSC 147:13,15,20 148:2 204:18,25 210:8 221:6 59:8 61:6 62:1,20 64:25 149:2 221:7 225:3 231:4 66:8 78:25 79:17 80:25 PSL 150:10 236:15 251:24 252:15 82:1,13,18,25 83:2,12 PSLC 3:12,14,16 4:14 259:4,8 271:1,15 274:1 83:14,16,19,19,22 84:6 5:8 6:12 101:4,13,16,20 274:13 277:19 303:17 84:17 85:1,3,21,23 86:6 102:11 103:20 104:17 303:25 305:6 308:19

86:10,12,13,16,21,24 87:3,8 88:3,25 89:13 90:9 94:2,4,16 99:15,25 100:21 108:13 111:5 115:1 123:22 125:7,20 129:9,14 130:1,18 133:6 136:6 138:19 139:13 140:9,15 141:8 141:21 142:3,4,9,19,25 143:7,13 145:19 146:8 146:20,25 147:9,24 148:17,23,25 149:5,25 150:5,12,15,16 151:10 154:14,23 156:13 157:5 158:5,11 160:22 167:13 168:14 182:7 183:4 184:18,22 186:20,23 187:3 190:3 193:1 216:1,12 217:23 218:18 218:21 219:3,5,8,12 223:4,14,16,22 224:5 230:1 234:22,23 237:22 239:14 240:9 243:12,14 250:7 252:11 253:22 260:10,13 262:17 270:5 271:21,25 272:2 273:1 273:12 276:25 277:17 287:4 288:17 291:12 294:10 296:2,6,14 302:15 303:21 304:14 305:1,10,17,20 306:17 320:13 321:20 322:20 323:18 question's 218:18 questions 6:1 48:20 49:4 150:23 181:16 185:2 214:24 217:3,18 218:12 219:18 240:4 255:15 278:24 286:19 quickly 91:25 quite 24:18 205:13,13 262:4 290:22 quoted 166:7 R R 2:1 R&B 6:8 75:4,7 76:14,17 76:21 177:1 178:10

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 108 of 120 Document 229-6

Page 26 179:3,19 182:22 race 61:16 68:10,12 70:10 72:24 74:9,14,21 76:6,12,15,22 78:9,11 78:22 79:2,7,21 80:6 88:18 90:1,6,12,20 91:1 91:15,18 104:10 140:7 140:12,22 141:6,12,19 162:8,11,19 169:22 172:23,25 175:6 233:9 236:6 241:10 race-neutral 187:9,23 188:5 races 68:16,21 racial 41:12 50:19 51:10 51:13 52:6,10,12 53:1,6 53:22 54:11,15 55:9 57:1 58:3,9 60:25 61:10 61:16,25 62:5,10,17,24 63:4,8 64:5,8,15,24 65:2,11,23 66:4,14 68:8 112:1 130:15 131:1 154:11 174:25 racially 70:12 Racine 3:8 6:12 7:18 24:20 26:21 29:4 37:18 38:3,4,13,19 40:20 41:4 45:10,12,16 46:22 48:9 55:20,23,25 56:4,8 60:25 61:9,23 67:21,25 68:3,15,19 69:2,17 71:20 93:3,17 95:11,15 96:14 97:10 98:3 99:18 115:4 162:17 179:25 186:12 189:23 194:25 195:1,2,6,7 196:7,25 197:15 200:13 201:12 202:15,19,20 204:1,12 206:8,10,13,15 207:4 207:17,22 213:9,17,24 214:3 215:7 231:25 236:5 238:24 239:11 242:12 245:10,16 246:2 246:9 252:14,21 285:17 298:15 299:5 307:10 308:12 311:15,16 313:9 319:23 Racine's 249:9

racist 71:15,19 167:9 169:20 181:7 rags 6:9 88:12,21 89:5 92:1 182:22 raised 31:12,24 41:4 169:1 275:22 276:2 312:16 raises 244:7 ran 229:18 rap 6:5,8 77:10,12,14,21 77:22,24 78:11,14,18 78:22 79:1 80:12,17,21 81:2,12,15,20 82:4,19 83:4 84:14 86:3 87:25 88:22 89:6 92:19 164:9 164:24 165:11,23 166:22 167:6,10 168:4 168:10 177:1 178:10 179:2,19 182:21 rash 192:23 rate 198:15 ratify 186:16,20 187:5 reached 90:4 reaches 91:23 reactive 197:7 read 10:18,22 11:12 12:11,13,19,21,21 13:23 14:2,4,5 15:4,8 15:10,12,18,24 16:19 16:20,23 17:2,10,23 23:7 24:8,11,16 70:20 70:24 82:15,17 84:23 84:25 85:2,4,18 86:15 94:25 97:6 99:16 146:21,22,24 156:3 166:9 203:21 228:13,14 228:17 236:12 247:25 248:7 271:5,8 272:8 307:4,5,6 321:2 322:6 323:7,12,14 328:5,6,12 329:5,6,17 reading 14:3 99:9,11 197:11 323:9 324:5 327:19 reads 97:25 274:4 ready 58:25 117:16 152:16 208:21 real 26:23 44:20 45:8,11

47:14 49:22 50:9,10 68:5 201:6,7 247:11 250:16 261:1 realize 246:5 250:6 really 18:25 59:3,11 86:25 89:9 91:25 172:24 175:11 201:10 202:22 204:10,21 205:2 206:21 210:3 213:6,10 222:15 255:15 275:16 279:20 284:5 298:19 315:9 REALTIME 1:25 realtor 47:14 reappoint 220:5 rearrange 220:9 reask 99:14 reason 6:12 9:4 11:19 24:13 25:6,9 37:5,7 40:3 60:3 131:22 187:9 187:23 188:5 215:5 220:14 230:3 236:19 270:3,6 278:12 283:6 313:23 314:22 317:23 327:14 330:3 reason(s) 329:8 reasonable 127:8 176:21 246:25 reasonably 304:20 reasons 45:23,25 rebuttal 286:22 recall 9:24 10:4 14:3,12 14:13,16,17,20,21,24 15:2,9,10 20:8 22:9,10 23:16 24:18 26:5,22 27:9,10 28:1,4,11,14,25 30:25 38:24 41:12 45:18 46:19 48:3,10 49:17 50:5 52:11 54:1 55:11 56:25 57:4 58:4,7 58:11 107:8,11 114:5,6 114:9,19 120:6 195:15 216:8,18 233:14 252:21 252:25 253:1,2,4 258:24 266:14 288:21 288:25 289:17 298:1 305:24 315:25 316:2,3 receipt 327:18

receive 121:9,12,18 126:3 126:22 153:2 192:20 193:8 246:1 268:11 received 8:15,20 15:4 18:9 20:24 69:2 90:8 190:7 192:21 198:8 259:9 266:16 282:9 283:11 286:7 290:9 309:11 receiving 14:21,24 15:2 261:12,15 266:14 305:15,24 recess 250:3 recipient 321:12 recognize 153:10 233:18 262:16 298:25 299:2,4 311:14 recognized 21:9 recollect 104:20 recollection 15:6 21:23 75:13 120:8 176:9 262:2 275:24 290:13 302:12 305:15 317:22 recommend 112:22 125:15,25 140:16 318:1 recommendation 4:14 123:24 124:4,7,10,23 135:1,5 136:3 137:3,6 268:4,7,25 269:3 274:2 274:14 275:2 276:20 277:19 316:25 recommendations 101:22 112:19,23 113:7 121:22 124:15 134:10 134:11 135:24 136:12 recommended 140:10 141:1 319:3 record 7:3,9 8:14 9:9 11:7 15:20 16:14 21:3 31:11,23 58:17,20,23 75:15 79:15 82:17 84:10 86:24 94:21 117:9,12 125:20 127:12 138:11,11 146:5,19,24 152:3,10,13,23 165:14 166:5 175:19 179:7 180:4 186:23 189:5 193:1 208:13,17 223:8

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 109 of 120 Document 229-6

Page 27 243:11 262:18 263:16 271:9 273:25 277:15 281:20 283:22,25 287:11 325:4,8,21 329:9 recorded 15:23 16:25 326:6 recording 7:8 263:1,8 records 304:18 redepose 9:4 redevelop 206:9,20 redevelopment 47:10 249:24 298:16,18 reduced 326:6 reducing 202:15 reelected 233:3 reelection 105:23 247:20 247:22 reevaluate 102:8 refer 101:3 275:8,12 303:3 reference 17:7 159:4 279:2 284:15 290:24 291:16 323:24 327:7 referenced 328:11 329:15 references 263:1 referencing 95:5 227:20 315:10 referral 153:19 176:1 referrals 143:25 referred 179:9 189:3 referring 18:12 95:23 142:15 159:7,17 163:19 164:11 165:2,3 167:15 175:24 186:2 248:15 256:24 258:10,20 263:2 263:5 266:23 284:19 298:7 311:24 322:23 323:7,23 refers 313:1 323:6 reflux 11:21 reform 51:20,23 52:24 53:2,11,13,14,21 54:9 54:12 57:3 305:24 refrain 11:5 refresh 75:13 120:8 275:24 302:12 317:22

refuse 150:22 refused 240:3 refusing 86:17 150:16 regard 116:10 242:23 regarding 61:16 72:8 110:11 167:19 189:25 234:4 266:16 286:10 293:20 319:9,10 324:19 regardless 253:9 REGISTERED 1:24 regroup 12:5 regular 117:1 128:19 137:14 192:8 203:18 244:8,10 294:16 306:21 306:25 314:14 rehabbed 68:5 reinstated 311:19 reject 28:6 124:3,9 rejected 124:22 319:2 rejecting 124:7 relate 52:25 53:5 54:12 91:8 204:3 282:19 related 161:16 193:17 202:11 203:2 205:3 207:19 262:17 320:22 325:14 relates 282:14 283:7 relating 288:13 relation 288:18 relative 326:14,15 relayed 119:12 release 52:22 releases 57:10,11,22 relevance 150:12 156:17 relevant 149:20 157:2 160:16 relief 280:17 relieve 288:1 religious 41:15 197:23 remains 105:18 remember 10:5 22:8 23:6 28:20 33:13 36:1 39:13 48:5 49:5 52:9 58:8 62:8,9 113:25 114:7 127:23 172:13,14 207:24 209:9 213:14,18 213:21,22 214:4,7,8,14 214:18,20,21,25 215:8

215:10,11,13,16,18 216:3,13 218:23 224:25 225:1,7,20,21 226:1,12 228:15,18 229:9 235:4 235:16 253:8,15,17 254:1,4,20,24,25 257:11 259:1 261:12,14 261:15,17,19 262:3,8 262:12 266:2 275:10,15 275:17,20,21 277:25 288:6 297:2,21 312:24 319:5 remind 255:1 284:5,6 remodeling 170:17 removal 179:2 remove 221:19 246:16 removed 177:2 220:3 225:2 246:18 removing 154:12 Renee 33:13,15 35:4,16 36:16 59:4,7 60:19 renewal 259:20 renting 250:6,8 repeat 11:10 142:4 187:3 repeated 191:19 192:14 307:9 repeatedly 157:12 158:7 rephrase 11:11 291:11 report 4:24 90:8 129:2 172:16 269:4,6,9 298:6 300:10 305:3 308:16 reported 1:24 154:16 167:15 190:7 270:24 307:21 reportedly 160:5 178:13 reporter 1:24,25 7:24 11:12 85:11,13 87:21 133:4 161:23 328:7 reporting 160:4 reports 17:10,12,14,17 160:8 258:19 260:1,7,7 260:18,22 261:20,20 262:7,7,10 303:13 306:21 307:17 reposted 283:3 represent 7:24 71:6 211:20 231:13 244:2 269:24 270:9

representation 271:22 Representative 39:3 representatives 42:22 represented 104:14 representing 7:11,25 139:21 245:16 reprimand 245:1 reprimanded 244:16,18 245:5 246:3 request 108:5,6 153:20 176:1 258:16,24 260:9 260:11 286:17 287:19 319:2 329:9,11 requested 64:18 65:1 261:13 280:16 285:15 288:7,23 318:22 requesting 258:17 requests 102:22 314:16 require 113:8 132:23 133:20 required 60:25 61:9,24 62:4 125:2,9,14,24 127:1 129:5 131:16 270:25 requirement 184:24 requirements 315:6 requires 133:3 requiring 178:6 reserve 9:4 residential 45:8,20 49:11 residents 119:8 227:8 resign 25:5 resigned 25:2 resigning 25:7,10 resolution 123:4 resolved 73:7 respect 22:15 86:1 222:23 242:22 243:3 244:8 251:20 respected 280:15 respectful 324:13,15 respective 194:9 respond 31:3,8 247:17 266:20 responded 31:5 response 13:6 31:24 37:6 48:23 159:8 176:11 178:9

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 110 of 120 Document 229-6

Page 28 responsibilities 43:14 responsibility 59:12 225:23 responsible 225:9 226:13 responsive 200:12 218:1 rest 21:4 38:7 60:16 restate 61:6 80:25 84:6 243:14 260:10,13 restaurant 170:20,21 171:3 250:10 264:13 313:17,18 restaurants 119:9 restored 282:8 283:13 restriction 186:16 187:5 result 10:1 73:5,6 results 91:19 159:23 160:17 161:11 resumĂŠ 57:5 retail 195:9 Retired 317:19 retiree 133:1 retracting 84:5 return 259:17 returned 327:18 returning 310:12 reveal 106:11,21 Reverend 40:16,17 reversed 269:19 281:16 review 9:2 19:2,17 21:5 21:14,24 22:21 23:13 30:9 48:17,19 49:3 120:18 122:17,20,23 255:14,16 272:10 299:11 300:14 327:12 328:1 329:1 reviewed 14:14 16:17 17:16 18:10,15,21 19:4 19:12,17 20:5 21:18 22:13,17 23:9,11,13 48:18 90:25 120:11,16 120:24 122:11,25 240:1 300:8 304:18 reviewing 22:8 261:19 revision 94:5 revocation 125:16 136:13 140:11,21 141:1 226:9 226:10 280:1,19,22 281:15 285:22

revoke 130:24 131:8 275:2 276:20 277:20 285:7 313:23 revoked 117:6 134:24 140:6,10 269:18 274:3 274:15 284:25 286:4,21 287:2,10 303:4 revoking 113:3 181:8 Rey 31:1 rhythm 75:5 rib 251:21 ribs 249:23 ridiculous 217:8 right 10:14 11:18 12:11 13:20,23 14:20 19:12 20:8,20 33:2 38:11 47:3 48:4 60:14,18,24 62:21 67:9 70:23 71:3,8,10 73:23 74:6,8 75:7 81:17 81:25 84:1 87:17 88:8 89:25 90:7 95:19,25 97:20,23 99:17 100:9 114:22 120:6,23 121:1 122:5 124:2,6 130:7,9 133:12,14 134:9,13 136:24 138:9,24 139:18 145:8,25 148:7 152:15 156:1,19 164:20 166:16 167:24 169:4,8 173:23 175:21 176:11,21 184:5 185:23 188:12 189:9 190:18,20 191:1 195:18 195:19 199:20 201:13 201:21,23 204:7 205:22 213:3 224:3,7,13 233:14 234:10 236:21 236:25 239:4,6,25 240:12 242:20 247:20 247:24 248:9 252:4 254:6 255:23 257:19 260:1,14 261:7,18 263:14,18 265:9,13 267:12 269:12,22 270:12,19 271:3 272:6 274:7 280:7,10,11 281:16 282:15,17 284:25 291:2,17,20 292:3,13 293:8,14

295:24 299:12,16 300:3 300:18 301:3 303:15 304:6,8,10,15,18,21 305:19 306:1 310:3,7 318:11,20 323:15 right-hand 95:8 279:14 279:24 rights 9:4 68:23 69:3 Riley 41:2 River 47:5,24 196:18 RJ's 297:2 RMR 326:3,23 Rob 276:18 robbed 297:14 Robberies 297:10,11 Robert 186:13 Robert's 244:7 288:2 role 134:7 roles 43:14 59:8,15 rooftop 295:9 room 7:22 10:16 Rosenberg 300:3,5,9 Roth 324:17 roughly 196:11 250:13 route 318:24 RPD 201:12,16 rubber 124:14,19 rude 13:4 rule 103:18 276:11 ruled 226:10 276:4 280:22 281:15 283:9 rules 10:5 68:20 69:8 70:2 244:7 288:2 315:4 328:5 329:5 ruling 123:16,21 run 38:22 40:6,9 44:11 44:14 208:25 209:1,5 209:12,20,24 212:12,16 running 38:25 44:25 170:14 198:21 212:15 232:13,16 S S 2:1 3:1 4:1 5:1 174:12 S.C 1:18 2:7,11 326:10 safe 292:24 safety 3:10 100:25 104:4 105:20 106:1,7 112:9

112:10 130:13 133:14 137:18 138:15,22 139:7 140:6 143:3 145:6,8,11 145:11,12 152:20 153:8 155:5,9,19 157:3,16 158:6 159:15,24 161:19 163:15,24 175:19 176:12 177:10,19 178:24 187:14 189:13 190:4 195:22 196:3 197:1,3 198:25 201:20 202:10,21 204:8,18 205:1 221:6,7 225:3 251:24 252:15 259:5,8 271:1,15 274:1,14 277:19 303:17 304:1 305:6 308:19 310:1,22 316:22 318:6 sale 80:1 Sally 253:3 Sanders 2:7 8:5,5 16:17 sandwiches 313:19 Sarrazin 228:22 232:18 232:19 Sarrazin's 232:22 234:18 sat 126:5,15 135:19,20 162:6,9 236:21 239:15 239:20,25 Saturday 59:24 60:1 300:16 saved 251:5 saw 45:1 170:25 253:5 314:15 saying 23:12 55:2 72:1 83:8 94:14 114:13 120:24 142:14 184:9 190:18 213:14,18,22 214:4,8,8,14,18,21 215:8,16,18 216:3,10 216:14,16 219:14 225:7 253:17 267:17 287:9 296:7 313:16 says 93:12 94:21 95:22 96:24 97:4,18 99:25 165:5,8 166:13,15 178:23 179:18 183:8,12 190:11 216:17 235:23 251:15 260:17 274:10

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 111 of 120 Document 229-6

Page 29 276:7 277:4,7,8 280:13 281:13 282:24 291:7,15 291:21 292:1 318:25 319:1 323:1,19 scald 251:7 scanned 176:23 scanners 184:6 scattered 17:8 scene 173:2 178:2 schedule 275:13 318:8 school 26:8 41:6,7,13,15 197:11 science 42:7 Scott 4:6 94:14 143:23 153:24 154:2 185:21 254:7,8,17,18 255:11 255:19,21,24 256:1,13 257:9 scrutinize 69:12 scrutinized 69:18,23 scrutiny 236:17 237:4 238:9 seal 328:15 329:21 search 219:17 223:17 317:21 searched 75:16 Searching 31:1 seat 209:13 243:8 seated 10:14 second 22:16 58:18 94:21 97:4 99:15 107:1 129:4 153:15 163:17 178:22 218:8 254:10 255:14 273:23 276:24 289:24 316:11 320:4,5,22 323:6 Secondly 8:20 security 184:1 201:17 see 10:10 16:6 17:5 48:19 75:23 95:23 99:8 106:5 120:11 153:13,17,19,22 153:24 154:2 159:7,9 159:13,17 163:19 164:10,12 165:1 166:17 169:5,7 170:2 175:24 176:19,24 177:2 179:16 186:1 220:11 235:9 237:17 238:2 248:15

249:5 254:20 255:23 256:7 258:10,20 263:2 263:5 269:2,2 272:11 279:11,16,21 284:18 298:6,8 311:23,25 312:11 318:8,21 322:22 323:6 324:16 seeing 254:25 seen 51:14 52:10 74:12 75:17 90:14 91:20 93:5 94:3 103:21 112:17 160:7 162:22,24 163:1 163:4,8 173:12 176:8 185:17,18 196:17 255:11 302:9 319:20 SEGAL 2:2 self 74:7 selling 191:15 seminar 53:21 seminars 50:18 60:25 61:10 send 121:21,21 125:4,11 130:23 234:17 sending 253:23 sensitive 7:4 sent 14:5 15:1 22:1,3,6,6 118:20,25 131:25 258:16 312:8 315:15 sentence 70:22 95:25 97:4,5,17,25 99:13,25 164:3,12 166:9 178:23 183:25 235:22 321:11 323:19 sentences 159:13 separate 262:17 312:17 September 3:16 4:8 42:18 153:13 159:3 175:20 258:8,12 323:4 326:25 series 44:8 152:19 seriously 204:24 serve 106:22 108:2 314:16,23 served 105:25 108:16 238:18 serving 238:10 314:17 317:16 session 109:11,12 110:9

110:17,19,19 111:12,19 set 22:16 124:8 158:24 197:5 326:19 settle 9:25 settlement 3:18 10:1 185:19 187:11,12,13,15 188:1,17,18,23 189:1 seven 42:25 178:3 281:7 317:11 severe 192:24 sexual 67:11,17 Shakoor 244:13,14 share 110:23 shared 221:9 sharing 109:1 111:12 112:3 Sharp 4:6 12:20 13:24 70:14,25 71:10,12 253:4,10 254:7,8,12,17 254:18,21 255:11,19,21 255:24 256:2,4,9 257:5 257:10 Sharp's 12:22 13:7 252:18 sheet 327:13,15,15 329:7 329:10,18 330:1 shelter 198:14 sheriff's 201:17 288:12 Shields 4:4 15:3 105:6 236:3 242:14,16,18,22 243:17,25 244:2,4,13 244:16,23 245:22 246:11,16,19 247:9,11 247:12 248:3,14 249:8 251:15 252:13 Shields' 15:5 243:8 246:20,23 247:25 251:22 shocked 89:14 shooting 190:15,24 193:23 310:19 shootings 144:24 145:15 shop 195:24 196:5 202:3 202:24 314:10,11 short 58:21 117:10 208:15 262:16 283:23 325:6 shorts 87:25 88:13

shot 46:4 310:11,12 show 16:5 75:10,14 99:10 147:4,8 233:15 237:16 262:15 266:5 267:25 273:20 278:12 298:2 303:13 showed 240:2 273:24 324:21 showing 13:2 237:20 248:13 280:20 284:11 shown 327:16 shows 244:6 269:10 shut 114:22 117:3 138:8 139:9 146:10,16 147:1 147:7,10,12,14,19,25 148:12,13 149:2,15,20 150:7,8,10,14 267:12 293:8,13 294:5 302:2 302:13 313:10 shutting 138:16,23 sick 11:19 151:19 side 122:23,24,25 123:1 193:16 197:9,13 203:24 231:24 sidewalk 190:14 sign 272:12,18 signature 13:15 273:14 326:22 327:14 signatures 273:3,6,8 signed 13:12,12 123:5 186:12 187:15 188:7,12 188:14,16 245:4,22 272:11,22 312:20 328:13 329:18 significance 161:12 signing 246:6 327:19 signs 123:6 similar 153:10,11 309:7 similarly 241:8 simple 87:3,5 148:18 simply 16:23 106:16 309:8 sincerely 206:5 327:21 singing 77:22 single 64:20 182:3 204:8 204:25 254:12,15 singled 202:10 203:15 singling 204:12

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 112 of 120 Document 229-6

Page 30 sir 93:2 163:12 179:11 185:17 186:4 237:12 255:2 322:25 Sir/Madam 327:10 sit 54:25 55:4 62:13,20 104:21 121:14,16 160:8 252:3 site 250:2,24,25 sits 104:22 299:24 sitting 118:24 120:3 162:16 173:15 242:10 245:14,15 249:8 252:9 308:18 situation 109:1 111:3,7 111:11,15 257:21 266:11,16 267:13 282:19 situations 110:10 115:22 116:1 267:8 302:23 six 33:3 34:20 35:12,15 35:25 42:15,25 58:4 105:12 215:11 281:7 skip 178:22 sliding 13:3 small 30:11 265:23 313:19 Smetana 5:4 311:14,18 312:8,25 315:16,24,25 316:4 317:10,24 318:5 319:22 320:4 Smetana's 318:22 smoke 164:8 169:4 smoking 190:13,16 snake 201:15 social 197:24 socialize 27:5 119:21 socioeconomic 91:22 sole 101:18 Solutions 327:1 330:1 solved 94:24 somebody 65:17 111:13 204:20 232:12 250:12 250:19 256:22 259:14 306:3 someone's 131:8 240:6 son 41:2 sophomore 105:22 sorry 54:21 72:19 85:11

97:5 108:15 140:8 141:10 164:2 174:10 180:10 187:3 192:6 205:23 209:18 213:8 232:14 237:25 238:2 247:18 268:6 278:25 279:9 284:22 285:5 306:16 316:21 sort 17:6 18:13 29:17 57:19,23 144:8 253:11 sorts 19:2 28:5 184:1 sounds 167:20 195:19 south 2:3 193:16 231:24 space 250:1 speak 10:25 29:14 86:24 107:16 189:16 232:12 232:15 256:1 287:23,25 288:5 310:23 speakers 52:9 speaking 10:6 64:22 120:10 149:6 151:3 158:5 205:2 225:11 232:9 288:6 speaks 244:9 special 24:24 25:1 38:22 195:21 202:9,22 271:2 271:16 272:5 specialty 103:6,7 specific 18:20 19:25 59:16 167:20 207:20 244:21 275:20 296:13 specifically 18:19 19:24 30:10 35:6,9,12 52:15 55:4 58:11 59:14 65:4 78:6 114:9,19 134:19 153:16 188:21 202:25 203:2 225:19 239:16 259:1 265:18 275:11 284:15 320:21 speculate 154:15 166:6 178:13 179:8 183:10,13 321:10 speculating 178:19 speculation 110:14 116:4 168:8 178:19 180:8 182:16,25 186:22,25 194:13 313:4 324:2 speculative 56:18 202:5

speech 54:4 205:6,9 speeches 54:10 spell 9:8 spend 241:7 247:14 spent 285:17 287:16 288:8,10 spilled 177:25 split 106:19 spoke 27:8 30:22 55:8,10 55:11 118:15,18,21,23 207:6 224:1,11,15,18 311:21 317:12 318:17 spoken 23:14,19 27:11 39:23 48:11 52:12 53:21 54:14 311:3 312:2 spreadsheet 8:23 20:24 ss 326:1 St 30:25 31:1 41:7,9 staff 22:3,4,7,18,19,20,21 22:24 26:25 27:1,2 33:10 34:8,14,19 35:5 35:18,24 36:21,22 57:13 58:16 59:6 60:5,6 60:7,11 61:15 63:21 64:19,22 65:14 141:23 164:8 230:21 258:13,14 258:14 284:17 292:13 stamps 124:14,19 stand 13:20 245:20 283:6 standard 59:19,23 standing 101:1,7 102:23 104:10 105:18 107:19 108:2 126:9 127:17 162:18 start 20:3 104:7 109:16 118:17 199:11 201:1 248:24 266:5 280:1 started 8:18 42:17 45:18 73:3 77:22 93:21 195:7 206:23 starter 200:25 starting 248:24 state 8:13 9:8 42:20 44:11 82:13 99:4,20 167:16 198:17 278:25 304:25 320:9 326:1,4 326:24 328:10 329:15

stated 94:12 108:7 112:12 129:15 143:1 151:2 220:8 221:14 236:10 242:6 249:1 statement 3:6 13:7 15:17 15:23 16:14,16,25 96:3 96:22 97:1 99:7 112:13 112:14 134:5 182:11 201:25 202:9 216:9 224:8 228:13 237:15 249:16 252:18 253:15 254:1,4 256:9 328:13 328:14 329:19,19 statements 13:17,20 15:12,14 210:8 324:9 states 1:1 52:1 166:25 168:17 275:5 317:6,8 stating 23:16 118:13 315:1 status 281:24 statute 97:6 280:17 statutory 99:3,19 stay 107:2 210:6 293:25 294:1,12,16 stayed 113:22,23 278:3 step 165:1,12,18,21,24 166:3 167:7,11 168:5 168:11 169:8,9 189:10 189:11 254:10 280:1 Steve 93:3,13,13 94:21 sticky 316:18 stop 29:16 98:22 stopped 113:21 114:1,10 170:11 171:6 stops 98:8 139:18 store 195:8 310:7,20 storefront 310:10 stores 119:10 strategy 229:6 street 2:8 47:8,16 48:3,3 48:15,24 49:10 110:13 119:10,15 170:24 172:2 172:9,10,10 173:6 178:1 192:18 193:11 195:23 196:4 202:2,23 206:20 220:7,16 221:3 227:12 228:4,9,17 263:10,19,20,22 264:17

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 113 of 120 Document 229-6

Page 31 265:9,17 266:10,16 282:14,20 286:11 290:4 290:6 300:6,7,12,23 310:19 311:8 327:1 streets 168:22,24 193:10 strength 38:21 stressed 38:20 stretch 12:4 165:17 168:17,19 strike 69:6 220:4 252:10 306:8 strikes 204:24 string 282:14 283:7 312:11 strong 96:4,7,10,15,16 97:14 245:20 strongly 245:9 structure 221:16 studies 90:1,25 Studios 290:4 study 90:3 stuff 181:21 184:1 style 88:13,14 154:5,18 subject 52:15 54:14 58:9 82:12 155:4 156:14 157:20 159:14 160:11 234:1 266:10 subjectivity 129:12,23 130:25 131:6 subjects 52:2,5 subleaders 200:20 submitted 12:18 17:11 17:14 254:21 subscribed 328:10 329:14 330:21 substance 24:4 suburbs 37:16 successful 46:24 47:2 196:22 198:3 sued 225:10 suffice 9:1 13:23 suggest 108:1 111:18 146:16,25 suggested 28:2 303:1 suggesting 71:24 270:3 281:8 suggestion 28:6 301:20 303:6,9

suggestive 253:11 suggests 320:4 Suite 327:1 summaries 14:4,5,8,17 summarized 14:11 15:7 17:19 18:4 summary 14:21,24 15:1 15:2,5 60:22 91:5,8 Summer 42:14 supervision 321:7 supplement 296:5 support 26:10 138:11 198:4 199:13,19,21 210:1,9 212:8 220:7,15 221:2 228:22,25 229:8 229:11 235:20 246:8 257:25 298:20 supported 49:15 212:10 229:1,14 235:6,11 243:16,23,25 312:21 supporter 51:19 195:12 supporting 199:15 235:13 245:25 supposed 19:18 85:14 123:15,20 125:18 129:23 130:22 314:2 sure 8:20,25 15:9 19:18 25:6 28:19 61:14 62:19 64:23 65:6 71:13 74:1 93:12 101:6 102:24 103:3,5,10 104:13,18 105:4 107:24 110:12 117:19 124:25 144:3 168:23 175:11 180:20 195:23 196:4 198:19 199:14 202:14 209:17 212:14 215:15 224:21 231:5 233:2 266:24 285:1 287:10 290:17 292:16,24 293:10,15,24 296:6,17 307:14 314:13 316:17 318:18 320:1 324:22 surprised 250:3 surveil 263:14 264:16 surveillance 265:11 surveilling 263:8 survey 170:16

65:8 115:8,12 117:23 118:14 186:9 209:2,6 227:21 228:1,6,10,19 231:6 252:17 288:9 289:10 302:7 309:8 311:9 talking 16:7 19:7 54:24 57:2 95:8 110:5 166:12 169:15 184:7 203:5 204:10 209:11,19 251:4 302:20 321:6 322:12 323:9 talks 30:9 tandem 198:18 tanks 179:22 Tap 193:21 tape 112:6 T tapes 12:3 T 3:1 4:1 5:1 9:6 target 142:1,7,14,22 T-shirts 179:21 313:10 table 13:3 17:9 targeting 139:8 302:4 take 12:5 24:10,15 28:10 314:22 28:12 43:7 44:19 50:4 taser 178:2 51:2 87:10,16 99:4,19 tasks 323:21 101:22 109:11 139:23 tattoo 314:11 139:25 151:17 152:7 teachings 197:23,24 170:12 178:9,16 181:13 team 34:9 59:15 225:4 201:5,15 208:11 209:13 teen 293:16,21 294:1,12 211:10 226:16 227:2 294:16 243:8 255:14 260:3 teeth 102:19 103:20 261:6 278:17 280:23 tell 6:11 14:10 17:4 24:3 283:20 289:24 301:19 31:2,20 32:14 46:9 308:12 325:2 53:24 54:17 55:10 taken 1:18 7:16 11:18 109:7 117:2,5 119:5 16:16 58:21 117:10 132:10,15 173:13 152:11 178:1 208:15 177:17 181:25 196:2 248:14 283:23 292:4 208:4 212:17 213:15 325:6 326:9 214:1 215:5 223:8 takes 123:23 197:22 225:11 227:11,14,23 290:22 228:3 229:14 230:12,17 talk 102:20 107:16,22 231:3,8,19 247:9 250:8 117:24 118:5 128:19 256:14 259:7 262:3 190:25 191:2 192:7,10 280:20 281:22 283:9 204:3 207:10 229:5 302:1 233:7 250:12,18 259:11 telling 116:7 163:5 309:2,3,19 282:17 talked 19:15 26:20 36:1 tells 159:22 176:13 256:4 36:25 37:2,4,10 47:1 324:12

survive 105:22 suspect 282:1 suspended 134:24 suspending 113:1 suspension 136:14 suspicions 90:17 Sustainability 49:6 Sutherland 4:24 298:6 298:10,14 299:1 swear 8:1 181:12 sworn 8:11 15:12,14,17 15:21 16:11 70:14 278:9 328:10,13 329:14 329:18 330:21 Sycamore 252:20 system 278:1,10

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 114 of 120 Document 229-6

Page 32 ten 8:17 113:24 190:13 269:25 270:10,17 ten-year 29:25 30:8 tend 12:3 173:1 196:13 tenure 61:5,8 69:9 71:17 71:21 97:12,15,23 98:21 term 37:14,15 43:4 70:12 188:10 228:21 259:2 261:9 terms 11:23 15:6 16:10 22:5 41:23 90:5 101:19 105:17 123:8 131:23 160:17 189:7 190:19 199:17 200:4 209:23 210:8 246:25 252:10,13 275:25 286:20 289:9 301:20 312:2 terrible 284:5 testified 31:15 70:21 83:24 84:7 156:5,22 194:17 226:23 236:15 237:2 238:14 240:1 248:4 252:19 253:10 306:2 testifies 8:12 testify 19:3 testifying 79:15 testimony 11:20 24:4 30:6 66:19 70:14,16 71:10 84:3,5,17 108:22 110:22 114:11 156:13 157:5 162:14 168:2 203:1,4 228:15 236:4,8 236:14 238:6,12 240:9 249:9 301:15 304:10,15 325:21 328:6,7 329:6,9 329:12 thank 19:13 21:7 22:20 23:6 61:18 62:23 66:10 76:4 85:16 87:22 94:23 96:18 111:10 125:19 134:12 148:9 175:4 203:18 205:24 206:3 243:14 249:15 255:6 280:9 281:4 284:11 316:16 325:19 thanked 205:12 251:3

thanks 195:21 198:3,24 202:9,22 204:20 theory 132:14 136:17 they'd 105:24 120:6 129:20 170:12 209:25 thing 12:7 53:16 102:13 203:13 204:6 257:2,7 257:12,20 270:4 292:12 295:2 306:19 314:1 323:20,25 324:18 things 8:14 19:25 58:10 102:12 112:18 129:2 134:25 159:21 165:16 169:1 178:14 182:11 184:7 189:15 190:1,2 193:11 197:10,11 198:21,22 199:12 203:11 205:19 206:6 224:16 265:10 286:14 313:13 314:6 think 12:14 15:20,20 17:13 19:1 31:11,23 38:24 40:11 42:16,17 45:6 50:9 56:7 75:7 76:1,11,21,23,25 77:20 77:21,23 78:3,4,6,13,17 78:20,21,23,25 79:10 80:1,5,8,11,16,18 83:6 83:13 88:11,17,20 89:7 89:9,19 91:16 93:18 97:17 103:17 106:7,17 114:20 116:20,21 117:2 119:3 129:20 131:6,12 131:15 133:5,8 136:1 137:13 143:9 144:10,14 144:24 147:3 148:17,24 149:25 153:2 154:11,20 155:4,8,13,18 156:10 157:1,7,15 158:19,19 165:17 166:23 168:16 170:11 171:5,5 173:3 173:17 175:5 177:9 178:8,16 179:2 182:9 184:13,25 185:4,9 187:9,22 188:5 193:18 195:8 198:5 199:2 202:6 204:13,23 205:10 206:1,20 207:8 209:2

209:11,16,18 210:15 213:3,25 216:14 219:13 219:25 222:8,23 238:14 238:15,20 240:20 242:8 242:13 247:20 249:11 250:11,12,21 251:16 254:23,25 255:16 257:7 259:22 261:25 264:13 265:14 277:4 280:6 282:11 283:15 291:7 292:4 295:19 300:15 304:12,19,20 309:24 321:14,16 thinking 167:18 205:16 206:4 232:12,16 thinks 241:21 third 99:13 178:23 thirty 327:18 Thomas 1:5 7:17 14:17 109:18,24 110:4,15,16 192:1,11,12,14 194:4,5 221:9 226:2,6 227:20 327:6 328:3 329:3 thought 24:15 31:18 32:9 33:19 45:1 131:20 167:2 196:15 207:13 209:25 228:3 229:23 256:15 259:10 261:25 292:15 324:9 thoughts 301:13 threaten 257:5 three 10:4 32:23 44:4 45:6 61:19 64:13 66:17 66:22 83:22 103:22 106:15 162:17 174:18 225:10,18 263:23 301:4 thrown 146:2,5 177:25 tie 97:9 113:14,16 tied 113:12 Tierney 1:18 2:11 7:14 326:9 tight 73:24 Tim 61:13,14,18 132:9 132:23 time 7:12,22 8:25 11:1 14:13 24:10,11,14,18 26:7 27:8,10 39:22 47:14 48:7 51:5 57:6

58:20,23 61:22 62:3,22 67:4 94:8 107:11 112:7 114:21,23 117:14 150:20,22 160:10 180:18,25 181:2,17,19 183:11 205:17 206:17 208:19 210:14 212:15 216:25 217:24 225:19 232:11 235:13 238:6 239:17 241:6 262:25 266:25 267:9,14 276:1 284:2 288:21 290:16 294:2 301:24 302:3,7 306:3 311:17 312:5,6 317:15 320:5,22 324:23 325:13 times 54:2 57:16 83:22 89:12 134:20 146:13 217:12 222:9 236:22 245:24 270:25 283:16 306:23 311:7 324:10 tipping 192:5,7 tired 222:17 title 13:9 59:10 232:25 titles 59:9 today 11:20 13:21 18:16 18:23 21:21,22 23:17 47:12 62:13,20 104:21 122:15 170:4 216:23,25 325:11,21 today's 7:10 117:13 208:18 284:1 told 14:2 23:21 32:10,16 32:19,22 49:4 126:21 126:24,25 127:4 146:13 148:19 151:4 182:2 188:20 192:23 203:9 211:17 213:6,23 215:23 222:8 225:2 230:16 240:15 241:13,21,25 245:6,17 250:11 265:13 267:6 270:1,11,17 281:18 301:17 302:3 311:4,8 314:21 323:11 323:19 324:10,17 tolerate 185:1,5 tolerates 185:10 Tom 8:14 132:9 299:21

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 115 of 120 Document 229-6

Page 33 299:24 Tommy 14:25 109:16 313:14 Tompkins 61:13,18,20 62:16,23 64:4,9,14,25 65:6,8,10 66:5,21 67:5 132:10,23 Tony 33:14,22,23 top 21:15 95:6,8,21 154:5 154:20 166:16 196:10 196:12 201:5 274:19 281:13 295:9 322:21,24 topic 52:23 58:3 total 35:14 totally 135:22 151:24 215:13 touch 36:20 TouchĂŠ 222:22 294:23 tourism 55:6 Tousis 14:25 town 44:7 286:8 307:24 toy 310:7,20 track 3:18 185:20 197:25 201:8 235:23 trained 61:15 65:2 67:11 126:18 training 61:24 62:5,10,24 63:6,8,9 64:5,8,15 65:23 66:2,14 67:16 126:3,9,14,22 127:6,9 127:16 133:2,9 transcribed 328:7 transcript 3:24 4:4 6:21 6:24 7:1 10:13,17 13:24 16:1 70:20,21 87:20 248:7 257:3 287:21 327:11,12 328:5,12 329:5,11,17 transcripts 10:22 14:1 transfer 46:16 108:10 transition 195:7 317:17 317:18 treasurer 27:23 36:5 60:12 treat 68:16 251:15 treated 238:8 251:23 252:14 treating 248:4

treatment 249:3 treats 68:9,11 trial 20:11 tried 21:15 257:21 trigger 143:25 144:8,15 144:20,25 145:4,9,17 triggered 143:5,6 triggers 145:21,24 Trottier 36:3 true 12:20,20 13:17 27:13 30:4 61:25 62:18 62:21 63:5 81:4 97:20 101:18 111:20 121:4 124:13 131:1 138:1,17 156:9 161:22 167:7 194:24 207:6 211:17 212:6,7,25 213:13,24 215:20 219:4 220:3,5 225:6 229:16,21,23 230:5 244:24 256:9 260:8,23 266:8 268:5 270:2 274:3 276:22 285:7 315:16 316:23 319:3 truly 205:3 truth 229:14 262:3 try 10:25 11:5 29:17 101:4 104:2,6,9,13 105:21 106:1 108:19 123:3 139:25 197:24 201:4,4,9 203:18,18 210:3,5 215:3 218:2 230:11 247:6 265:8,11 302:18 trying 13:4 53:7,10 95:1 116:6,7 123:22 146:2 146:10 171:5 191:25 192:3,11 200:23 202:24 203:16 204:21 215:1 231:3 245:9 257:11,15 259:4 261:2,3,10 267:15,16 285:23 286:2 287:14 302:21 tune 197:21 turn 7:5 95:4 153:15 175:23 185:23 237:23 248:20 274:11 279:6 298:10 314:10

turned 50:14 256:21 Turner 39:3,4,5 Turning 280:25 twice 51:4 113:21 two 34:15,22 35:2 36:1 40:25 43:6 46:14,23 48:13 50:2 61:19 64:13 66:22 93:14 96:8 101:7 134:17 159:4,13 176:4 177:23 178:7,9 179:17 196:10,12 200:25 207:6 207:10,13 209:12,19 226:1 227:8 231:21 235:8 236:2 245:23 247:14 250:3,23 251:6 252:9,12 263:1,22 264:1,9,10 284:9 296:19 297:1 310:10 316:13 320:18 321:3 325:2,16 two-page 255:10 type 49:18 155:10,20 269:1 types 19:25 20:3,7 26:19 44:5 77:2 297:9 typical 18:25 229:10 typically 134:15 175:1 U U.S 7:18 50:21,23 51:18 54:2,19,22 55:5 91:3 uh-huh 10:11 11:4,6 146:15 163:20,25 166:18 176:20 199:8 210:17 258:21 281:21 284:20 289:13 uh-uh 11:6 ultimate 148:11 ultimately 10:16 134:22 136:2 147:21 unable 315:24 uncle 44:25 48:19 68:4 uncomfortable 217:18 underage 291:2 292:22 underaged 292:14,17 understand 11:9 21:16 30:9 37:15 51:7 82:1 101:4 123:22 135:4

146:7 147:21 148:3 149:23 150:5 166:15 201:23 204:2,4 214:16 214:23 222:11,19,20 223:6 230:3 278:8 292:5 293:23 296:6,11 321:5 understanding 38:12 72:15 74:4 106:8 136:22 144:7 199:25 204:19 understood 11:15 211:22 278:2 308:25 unfair 249:2 unfairly 248:4 249:10 unfamiliar 135:22 Uniform 47:7 union 43:10 254:19 unions 255:20 United 1:1 52:1 University 42:3 50:2 unsworn 224:2,8,12,19 269:17,25 270:10,17 271:24 275:19 276:22 277:3 unusual 204:25 306:8 unwritten 103:18 update 94:6 133:25 260:25 updated 57:7 94:9,12,15 94:22 updates 94:11,17 upper 95:8 upscale 49:7 upset 323:20 uptown 189:23 202:15 249:24 250:19,24 296:18 315:22 316:1,4 316:6,7 318:16 urban 88:8 200:6 urgency 282:6 use 20:11 71:14 102:18 133:19 135:23 191:7,10 278:19 uses 124:8 usually 102:17,19 104:2 128:22 143:3 207:19 234:9,11 269:5,6

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 116 of 120 Document 229-6

Page 34 visualize 87:23 vocational 197:18,20 voice 209:23 244:7 voiced 210:11 V voicing 157:10 v 327:6 328:3 329:3 volume 173:17 vague 32:18 49:12,21 voluminous 8:23 80:14 128:4 139:13 voluntarily 185:24 142:8 145:1 146:6 188:11,13,15 155:1 171:22 226:19 volunteer 33:19,25 35:11 227:5 243:1 244:20 36:13 59:20,23 60:9 value 178:17 232:4,6,7 variety 43:25 44:8 45:23 volunteering 33:16 45:25 54:25 65:8 78:4,7 volunteers 34:4,5,12,15 93:8,9 106:4 110:1 34:18,22,23 35:4,9,11 116:25 189:15 190:1 35:14,25 36:9 59:10,13 various 51:8 156:23 60:8,17 232:7 vehicle 295:11 vote 27:15 28:3 97:7 verbal 77:21 113:13 115:7,10,13,18 verbally 17:20 18:4 137:20,21 147:23 Veritext 7:11,25 327:1,7 160:25 225:5 245:2,3 330:1 246:21,21,23 247:7 version 94:6 287:17 versus 7:17 134:19 voted 113:15 138:17 veto 96:11,13,17 97:19 276:23 277:18 285:6 98:16 139:19 141:17 319:13 vetoed 98:18,19 votes 116:2,7,12 141:14 vice 55:5 103:11,13 199:17 221:5 244:17 video 211:10 voting 113:12 199:20 videographer 2:16 7:2,10 vs 1:8 10:9 58:19,22 75:22,25 W 76:3 117:8,11 152:9,12 Wacker 2:3 208:12,16 211:14 wait 11:1 137:4 283:21,24 325:4,7,20 waited 319:12 videotape 311:6 waiting 85:7 319:9,11 videotaped 1:15 237:21 view 52:25 130:4 165:22 waived 327:19 walk 109:13,15 206:25 217:20 246:20 walked 109:10 170:24 252:10,13 265:22 256:21 viewed 265:23 walking 171:25 viewing 165:11 walls 56:8,9 village 245:8,25 246:24 Wanda's 171:10,13,16,19 247:5,7 171:25 172:7 173:10,20 violence 145:15 191:19 173:23 174:24 175:1 193:10 202:12,13 205:4 264:8,12 265:20 violent 306:6 307:9 Viper's 114:17,20 115:3 want 14:7 17:8 19:14,16 19:24 65:17 67:9,10 138:8 287:25 utilize 103:7 utilizing 119:9

85:18,23 87:4,6 89:12 100:10,14 102:16 103:3 103:5 107:1 117:19 132:15 147:7,10,12,14 147:19,24 148:4,13 149:1,14,20 150:7,14 151:1 178:18 190:25 200:20 206:3 212:5,18 213:11 215:14 216:2 219:16 222:24 224:9 230:6,7 246:21 248:9 253:14 261:5 278:17,20 279:1 280:4 296:2,5 301:8 320:5 325:2 wanted 44:11 47:17 59:3 97:5 133:15 150:1,9 152:1,2 194:24 195:1,4 209:16 213:6 214:1 227:16,19 229:16,21,25 230:4 259:15,25 260:2 260:6,16 262:6 265:8 265:11 271:8 286:6,22 286:25 301:21,24 302:1 302:13 307:18 316:3 317:23 wanting 253:23 wants 19:11 161:15 296:4 Warning 3:18 185:20 Washington 53:25 wasn't 8:25 46:10 85:11 93:21 111:24 112:1 151:22 184:10 203:6 221:20 222:3 245:3 259:17 260:3 272:13 277:13 290:17 297:22 307:17 320:13 321:11 waste 150:21 181:1,18 wastewater 244:25 245:17 wasting 150:19 160:10 180:18,25 181:17 216:24 217:24 watch 221:5 245:18 watched 295:6 water 2:8 55:6 244:23,25 245:6,7,8,13,15,16 246:1,10 278:17

Waukegan 253:13,25 way 29:13 65:16 87:13 97:12,22 101:10 116:12 136:23 140:25 143:3 150:4 151:4 182:6 194:16 200:22 206:19 215:4 243:5 246:21 249:3,12 264:4 314:5 322:6,14 ways 199:3 244:4 we'll 20:3 87:7,8 120:7 121:1 269:21 we're 8:17 33:6 53:7 58:22 85:7 111:13 112:5 117:11 152:9,12 196:22 198:16 199:15 199:22 203:24 206:22 208:13 215:2 217:23 219:11 257:22 267:25 283:22,24 302:19,22 325:7,21 we've 76:1 91:20 112:6 213:3 288:10 294:21 weak 96:11 wear 73:24 74:12 75:18 92:1,4,11 wearing 74:23 87:23 88:11 weather 109:21 Weber 45:1 46:13,17,20 48:8 186:13 276:4 website 176:17 week 60:2 234:11 weekend 59:24 291:2 weekends 306:21 weeks 134:17 245:23 250:23 251:6 Weidner 324:17 weighs 106:17 weight 190:6 weird 279:25 Weitzel 319:24,24 320:1 went 21:10 42:10,20 43:10 44:20 47:23 114:12,14 166:23 170:15,21 172:1 235:3 256:10 265:4 277:25 278:10

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 117 of 120 Document 229-6

Page 35 weren't 26:25 168:23 224:23 293:24 295:9 305:15 312:4 313:20 west 189:23 316:8 Whalen 73:13 262:19 269:11,16,23 270:9,16 274:13 276:22 277:9 278:10 284:17 285:12 285:12 317:18 Whalen's 224:2,12,19 271:24 275:3,18 whatsoever 302:18 314:16 whereof 326:19 Whichever 208:2 whispered 256:4 whispering 7:4 white 37:11,13,17 38:2 78:17 179:21 208:7,9 238:10 296:19 297:1,4 297:4,5 white-owned 193:24 236:18 237:4 238:10 308:6,8,14 wide 78:4 wife 40:23 172:6 174:23 209:10,13,22 210:18 256:7 William 5:4 311:14 Williams 3:6 15:15,17,23 16:15,25 35:20 227:14 227:22,23 228:1,3,6,11 228:19 Williams' 228:13 win 44:16 wind 44:7 Wisconsin 1:2,19 2:8,13 7:15,20 42:3 43:10 50:3 87:14 143:21 198:17 296:20,23 326:1,4,10 326:20,24 Wisneski 5:12 266:8 300:19,24 301:23 322:22 withdraw 140:9 withheld 21:11 witness 7:21 8:1,10 16:2 17:23 18:9 19:4,21

20:18 25:23 26:2,3 30:7 32:1,19 37:24 56:20 63:21 70:7 79:18,24 80:25 81:7 82:10,13,21 84:19 88:4 89:2 90:23 92:9,16,23 93:20 98:11 98:24 99:10 115:2,21 124:18 127:13,25 128:13 129:15 130:2,19 131:12 133:13 136:7 137:9,24 138:12,20 139:2,14 140:16 141:14 141:22 142:4,10 143:1 143:14,16 144:3,19 145:3,20 146:7,20 147:4 149:1,17 154:17 155:2,23 156:15 157:7 157:21 158:12,25 160:12,20 161:5,14,24 163:7 165:15 166:25 167:16 168:16 171:23 172:5 174:13 177:7 179:13 182:14,17 185:2 185:5 188:1 193:3 194:12 203:9,12 205:12 205:16,23 207:10 211:12 218:7,20 219:7 220:22 223:23 224:15 226:20 227:6 233:6 234:24 236:9 237:24 244:21 249:12 271:12 273:5,16 278:5 279:11 279:17 280:6 281:5 283:17 294:11 296:7,15 302:6,16 304:25 305:11 306:19 309:2 310:6,25 313:5,12 315:1 316:17 317:4,7 321:21 322:9 326:19 327:8,11,14 328:1,11 329:1,15 WITNESS' 328:4 329:4 witnessed 109:3,10 witnesses 17:15 23:14 150:22 185:10 woman 28:12 women 41:25 won 39:8,14 198:5 212:24

wondering 204:24 206:5 269:1 word 13:8 33:19 63:16 64:2 70:15,22 71:14 202:17 219:17 223:17 253:10,19 257:9 words 11:1 247:16 260:8 314:8 work 23:18 30:10 33:16 36:14,16 42:10,20 43:3 43:10,16 44:3,23 45:4 46:12 47:22 53:19 57:13 59:24 123:3 140:1 170:12,24 192:16 195:25 196:5 197:2,7 198:2,2,9,13,18 200:9 201:16,16 202:3,13,24 203:23 206:6 230:18,18 231:11 232:7,8 261:3 288:11 306:24 work-product 20:16 worked 40:14 42:21 43:2 44:6,7 45:15 47:17 48:2 196:16,18,20,21,25 198:10 206:18 254:12 254:15 working 32:20,22 33:6 34:18,19,21,24 35:6,9 35:12 46:14,20,23 59:13,14 60:16 170:25 189:22 195:22 197:9,12 199:9 201:10 203:7 282:4 292:9 works 101:9 103:25 106:2,6 116:15 126:12 231:5 worried 112:2,3 worry 95:6 worthy 179:3,4 wouldn't 25:22 104:18 104:20 126:7 127:16 131:2,5,22 140:16 194:12,16 235:18 283:6 Wow 279:17 wraps 73:24 write 52:21 57:8,11,11,12 58:12 writes 234:17 319:23

writing 17:20 50:3 109:12 326:6 written 57:1,18,23,25 58:2,6,8,10 112:12 123:7,14,19 124:8 125:1,8,13,22 127:1,6 129:5 130:12,21 131:17 132:16 165:3 310:14 311:25 wrong 78:24 84:8 194:18 251:18 265:10 297:14 wrote 53:17 225:14 285:12 Wynhoff 36:2 X X 2:19 3:1 4:1 5:1 9:6 Y yeah 10:21 12:22 15:15 16:6 27:3 36:15 37:23 47:21 49:14 61:5 70:19 75:25 77:18 78:1 93:25 100:15 136:9 142:15 148:9,10 159:11 164:21 165:7 171:14 175:4 184:3 191:11,13 195:19 199:19 200:18 201:3 202:17 205:7,8,10,15 208:8 209:4 223:2 226:12 228:14,23 234:11 244:19 248:18 249:15 253:3 255:3 257:4,18 260:24 263:6 264:20 265:2 271:7 274:24,24 276:9 278:11 279:21 281:13,17 285:8 293:5 296:25 298:9 300:11 303:22 305:14 312:8 316:24 319:15,17 year 41:10 43:7 44:12 45:17 46:18,19 51:4 52:17 90:7 94:9,13 101:25,25 102:7 105:20 105:23,25 106:12,14,22 107:1,7,23 108:11,16 108:19,23 172:14 196:23 198:6,23 309:9

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 118 of 120 Document 229-6

Page 36 yearly 102:4 years 10:4 33:3 36:25 38:14 42:25 43:5,17 44:4 45:6 58:4 61:19 62:15 64:13 66:17,23 105:12 145:16 201:2 215:11 235:9 247:14 307:14 yesterday 9:1 20:9,20 21:1 22:13,22 23:9 120:11,17,19,25 122:18 122:21,23,25 young 10:13 74:10,11 Yup 176:5 285:10 319:15

170:3 1020 3:16 175:16,18 1021 3:18 185:14,17 1022 3:20 211:4,6 1023 3:22 233:15,16 1024 3:24 237:18,20 1025 4:4 248:11,13 255:5 1026 4:6 255:7,8,10,21 1027 4:8 258:4,5 1028 4:10 262:13,15 1029 4:12 266:3,5 281:3 1030 4:14 267:23,25 1031 4:16 273:18,20 274:5 284:10,24 285:3 1032 4:18 278:14,16 Z 279:5 Zach 15:15,17,23 35:19 1033 4:20 284:12,13 36:19,24,25 60:7,11 1034 4:22 289:22,24 227:14,21,23 228:1,3,6 1035 4:24 298:2,3 228:10,13,19 1036 5:4 311:11 Zachary 3:6 16:15 1037 5:6 315:7,9,12,14 zero 65:5 108:22 1038 5:8 316:9,11,12 1039 5:10 319:14,15,18 0 1040 5:12 322:18,20 02 44:21 10th 326:11 03 44:22 11 50:15 277:22 11-6831 175:23 1 11:22 117:9 1 6:4 38:6 117:9 198:15 11:35 117:14 258:9 269:10,14 277:22 111 1:19 2:12 7:14 298:12 327:1 12 3:4,16 4:10 41:3 1:52 208:13 175:20 262:19 285:18 10 1:20 7:12 117:13 12:09 152:10 208:19 250:15 269:11 12:56 152:13 269:17,25 270:8 284:2 1212 2:8 10-5944 274:12 125.12 280:17 10:04 58:20 125.12(2) 275:15 10:20 58:23 13 3:4 38:25 248:15,17 100 34:5,25 35:14 36:8 280:15,21 251:2 13-9358 153:16 100,000 235:8 13-9608 159:7 1014 3:4 12:24 13:1,17 13-9673 163:18 1015 3:6 16:8,14 14 3:14 163:14 195:8 1016 3:8 92:24 93:1 94:3 281:10 282:18 298:7,12 133:19 14-CV-208 1:8 7:20 1017 3:10 152:22,24 140 16:15 1018 3:12 158:22,24 15 41:2 140:2 176:14 1019 3:14 163:10,12 152 3:11

153 3:11 158 3:13 238:1 159 3:13 16 3:6,6 285:18 161 238:1 163 3:15,15 175 3:17,17 182 6:7 1840 252:20 185 3:19,19 19 195:9 1900 1:19 2:12 1980s 77:23 1981 41:11 1983-ish 77:7 1986 42:5,14 1993 77:7 1994 43:8

201:24 233:22 2013 3:12 16:16 61:21 62:4,15 63:3 93:8,12,22 94:4,11,17,22 153:13 159:1,3 2014 3:14 163:14 2015 1:20 7:12 38:9 117:13 208:19 237:23 248:15,17 255:18 284:2 326:11,21 327:4 2017 326:25 2084099 327:7 328:2 329:2 330:2 21 255:18 273:25 211 3:21,21 215 6:11 221 6:14 23 4:8 153:13 159:3 237:22 258:8 233 2:3 3:23,23 237 3:25,25 24 38:5 248 4:4,4 25 5:6 6:14 315:19 250,000 198:8 255 4:6,6 258 4:8,8 26 16:16 262 4:10,10 266 4:12,12 267 4:15 268 4:15 27 3:22 233:21 271-9595 2:9 273 4:17,17 273-1300 2:13 278 4:18 279 4:18 284 4:20,20 289 4:22 29 323:4 326:25 290 4:22 298 4:24,24 29th 326:21 327:4

2 2 34:9 117:12 164:4 185:24 208:13,19 234:9 20 4:12 5:8 6:7 38:5 266:7 271:1 272:4 315:18 316:8,23 328:16 329:22 330:22 200 34:6 2002 44:13 2006 94:22 2009 4:8 5:10 24:23 27:13,24 28:1,15,24 29:2 30:3,21 31:18 33:10 34:3 35:18 38:23 39:6 62:4,15 258:8,12 319:22 2010 4:10,12 38:10 262:19 266:7,20 267:11 269:11,17,25 270:8 271:1 273:25 2011 3:16 4:16,20 5:6,8 39:7 50:16 175:21 176:4 247:23 252:21 273:22 274:7 280:15,21 281:10 284:8,10,18 287:23 298:7,12 315:19 3 316:23 323:4 3 159:6 208:17 277:22 2012 3:22 38:10 61:21 283:22 62:4,15 63:3 195:17

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 119 of 120 Document 229-6

Page 37 3.5 178:3 3/13/15 4:4 3/23/15 3:24 3:24 283:22 3:41 284:2 30 5:10 166:16 176:19 266:20 267:11,22 268:1 319:22 3000 327:1 311 5:4,4 312 2:4 312-442-9087 327:2 315 5:6,6 316 5:8,8 319 5:10,10 322 5:12,12 3rd 244:3 4 4 4:16,20 271:7 273:21 274:7 283:25 284:8,10 284:17 287:23 4:32 325:5 4:35 325:8 4:36 1:20 325:22,23 326:12 40 154:5,20 40,000 250:13,21 251:5 400 45:20 41 237:23,25 238:5 414 2:9,13 435 140:3 48 17:13 309:24 4th 288:14 5 5 6:11 175:23 185:23 186:3 238:5 274:11,19 274:19,24 277:8 50 90:7 172:22 196:23 198:1,22 50,000 197:21 50/50 175:8,9 52 40:19 522 263:21 525 143:20 153:21,25 154:4 155:15 159:2,14 163:18 169:10 296:20

6th 47:8,16 48:2,15,24 49:10 110:13 114:17 119:10 170:24 171:4,17 172:2 173:6 174:19 192:18 193:6,7,8,9 6 195:23 196:4 202:2,23 6 4:14 95:4,5,21 114:8,13 206:20 220:7,15 221:3 114:15 117:3 118:12,19 226:17 227:3,12 228:4 118:25 120:4,13,21 228:9,16 263:1,9,10,19 138:17 139:9 145:24 263:20,22 264:7,16 146:2,10,16 147:1,7,10 265:16,17 266:10,16 147:11,12,14,19,24 282:14,20 286:11 148:13 149:1,15,20 289:10 290:5,6,14 150:7 170:9,10,11 300:7,12,23 306:8,11 171:16 177:23 201:23 312:23 202:1,4 223:20 224:3 7 224:13,20 226:16 227:3 227:14,22,23 228:2,7,8 7 99:24 256:7 235:7,12,14,15,20 7/10/2015 327:8 328:3 253:7 263:8,25 264:2,3 329:3 265:16 266:22 267:7,11 7:53 284:18 287:9 267:18 268:5,8 269:12 735 2:8 270:2,12,23 271:19 75 79:11 274:2,13,17,19,19,24 8 276:21 277:21 281:9 8 248:25 282:15 283:7 284:24 8,000 250:10 285:7 287:16,16,24 288:8,19 289:10 290:7 8:30 287:8 80 148:4,8 290:9,10,25 291:6,23 292:5,20 293:8 295:16 80s 32:21 295:22 296:1,16 297:19 86 6:4 300:13 301:11,21 302:1 9 302:4,11,13 303:2 306:7,12 308:21 311:20 9 2:22 3:12 159:1 279:6 9:06 1:20 7:13 326:11 312:13,18 313:10,14 314:18,23 315:22 316:1 90 12:4 316:4 317:12,25 318:14 92 3:8 93 3:8 320:5,22 94 43:9 6's 118:9 270:18 271:23 96 248:20,21,22 274:15 275:3 280:22 281:15,23 282:7,12,21 9608 159:10 283:9 285:22 286:4,21 9676 163:22 317:1 318:7 6/14 281:13 60 12:4 172:22 60606 327:2 60606-6366 2:4 645-7800 2:4 296:23,24,25 53202-4105 2:8 53202-6622 2:13 5500 2:3

Veritext Legal Solutions www.veritext.com

888-391-3376

Case 2:14-cv-00208-JPS Filed 09/28/15 Page 120 of 120 Document 229-6