West Newsmagazine 10-4-17

28 I NEWS I
October 4, 2017
WEST NEWSMAGAZINE
According to an independent survey of over 1,000
family caregivers of elders, 73% surveyed say they are
willing to drive farther for a Green House home.
“I highly recommend this place”
worth the drive
Just minutes from Chesterfield Valley
at MO-364 and Hwy 64
www.thegreenhouseproject.org
www.CottagesLSL.com
(636) 614-3510
Each 10-ROOM Cottage Has All
PRIVATE BEDROOMS with BATHROOMS!
NOTICE OF PUBLIC HEARING
City of Ellisville
Notice is hereby given that the Planning and Zoning Commission of the City of Ellisville will
hold a public hearing at the Ellisville City Hall, #1 Weis Avenue, on Wednesday, October 11,
2017, at 7:00 P.M. to consider a City-initiated petition for Text Amendments to Title IV, Land
Use, pertaining to outdoor lighting, residential street lighting, and sidewalk luminaire regulations.
Notice is hereby given that the Council of the City of Ellisville will hold a public hearing at the
Ellisville City Hall, #1 Weis Avenue, on Wednesday, October 18, 2017, at 7:00 P.M. to consider
a City-initiated petition for Text Amendments to Title IV, Land Use, pertaining to outdoor lighting,
residential street lighting, and sidewalk luminaire regulations.
These public hearings are in compliance with Title IV, Land Use, of the Municipal Code of the
City of Ellisville.
SAVE THE DATE
Wednesday, October 25 • 9 a.m.
The opening of the newly remodeled Daniel Boone Branch
300 Clarkson Road • Ellisville
Come explore all the new branch has to offer,
including its interactive Discovery Zone and
the West Newsmagazine Crooked House.
More details to follow in the October 11 th edition of West Newsmagazine
By MARY SHAPIRO
Wildwood’s City Council voted 12 to
2 on Sept. 25 to immediately dismiss an
investigation into an altercation at a June
Ward 6 town hall meeting between Councilmember
Jerry Porter [Ward 6] and
resident Dan McLaughlin, husband of
Councilmember Tammy Shea [Ward 3].
Only Shea and Councilmember Greg Alexander
[Ward 6] opposed the action. Porter
abstained and Councilmember Jeff Levitt
[Ward 7] was absent.
The vote came after Special Prosecutor
Tim Engelmeyer told the council that
McLaughlin, the main complainant, hadn’t
agreed to provide a deposition to him
before a court reporter. Engelmeyer was
assigned, in August, to do fact finding for
an investigation into the altercation by the
council.
In his efforts to gather facts, Engelmeyer
had sought depositions from eight
witnesses. He said most had offered to
take part in depositions voluntarily rather
than being subpoenaed. However, witness
Larry Thompson had insisted on recording
the deposition on his own video camera,
Engelmeyer said, adding that he couldn’t
allow a non-certified videographer to do
that. And, after trying unsuccessfully to
arrange a deposition earlier with McLaughlin,
Engelmeyer said he had been told by
McLaughlin’s attorney [Dave Roland, of
the Freedom Center of Missouri,] on Sept.
25, that McLaughlin wouldn’t give a deposition
to Engelmeyer and would only do
so before the city council. McLaughlin
said he would consider an interview with
Engelmeyer off the record and without a
court reporter.
“I told the attorney that his client’s complaint
prompted the investigation, and I
thought it a little strange that the victim
would refuse to comply with the council
procedure,” Engelmeyer told the council.
“I told him that I didn’t feel I had the right
to deviate from the process.”
Engelmeyer said the council had the
options of either issuing subpoenas for
Thompson and McLaughlin, though Engelmeyer
admitted there likely would be no
consequences if either didn’t show up for
a deposition; dropping the investigation
entirely; or approving an off-the-record
interview with McLaughlin. He said he felt
he could wrap up his investigation as long
as he obtained McLaughlin’s statement,
“because I’d like to provide all sides of the
story.”
But Shea contended that a legal deposition
presupposes there is the potential for
litigation by anyone making or obtaining
@WESTNEWSMAG
WESTNEWSMAGAZINE.COM
Investigation into Wildwood Ward 6
Town Hall altercation dismissed
one. She protested a “legal process that
could put the interviewee at a disadvantage,”
though she said McLaughlin would
be happy to testify directly before the
council.
The council voted down, by a vote of
7 to 8, a proposal to issue a subpoena to
McLaughlin to give a deposition. A proposal
to reconsider the motion to issue a
subpoena to McLaughlin to give a deposition
also failed as did a proposal directing
Engelmeyer to complete his report without
depositions from McLaughlin and Thompson.
“I think we’re falling into a trap – if we
don’t have the testimony of the primary
party, it would blow a huge, gaping hole in
the validity of the investigation, and we’ll
be the subject of more criticism,” Councilmember
Greg Stine [Ward 7] said. “I am
sick and tired of this going on, of people
playing games,” he said.
Councilmember Joe Garritano [Ward 8]
said “it feels like a waste of taxpayer money
doing this investigation – when we were just
trying to assist a resident [McLaughlin] with
a complaint.” And Councilmember Marc
Cox [Ward 4] told McLaughlin “if you
don’t plan to litigate, you need to cooperate.”
But Shea questioned the legal authority
of the council to compel a deposition
“when a legal challenge is anticipated.”
“I feel you want to blame the victim –
don’t make it out like he is being a game
player,” she told her fellow councilmembers.
Shea later said no one is obligated “to
give sworn testimony in an illegal deposition
that could be used against them in a
court of law – the city is allowed to prepare
itself for a potential law suit, but it must
meet the legal requirements.”
Resident Bill Kennedy said Engelmeyer
did not allow him to review and sign off on
his voluntary deposition as promised and,
when doing so, give Engelmeyer a detailed
written synopsis of the events at the June
1 meeting, along with supporting and
historical documentation, to assist Engelmeyer
in completing his investigation and
report. He said later that he voluntarily
agreed to the meeting with Engelmeyer
because he alone was present among the
selected witnesses before, during and after
the confrontation and conclusion of the
meeting and had assisted the campus officer
in identifying involved parties for the
college’s incident report. He said he was
“very disappointed the council has chosen
to end the investigation prematurely, after
dozens of hours have been expended by all
parties and thousands of taxpayer dollars
have been spent thus far.” And he predicted
“this is not over.”