elliott sunshine request

84
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Gus Elliott police interview and Harassment investigation.

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Page 1: ELLIOTT Sunshine Request

.- U "U V., VUJ/V If'I - , Conllll.lnt Nurrber .. PURPOSE OF SEIZURE 2

0 ' ST. PETERS POLICE DEPT. ~ ~, PAGE OF PAQES

FOUND PROPERTY PROPERTY RECORD

31 cmen,.,tt\ClIHnt

0 SAFEKEEPING <f., ,-

0 4 Se1z1nv-0tI1oIr " DSN • 0.1 • • T7 '·" DISPOSAL '2 :1';;; .

/El EVIDENCE (HOLD) - "''-;' . ~ . '. ,. f~"_

7 l'OCallon 01 seiZur. COHtribe vehlQe. buikf!ng. 'Ie, 4IInd !ocIIlon) '-' ~ / / , ,

Vel SEARCH WARRANT //h7 ,;,I ( y 0 HOLD EVIDENCE AFTER

• VICtIml.I' (lui Nanw I"lfl l) D Clty

• ~hoMNO.

/ . ..-, , } PROCESSING FOR ' . oSII\4I

10 Vain'! Adell" (NUIT'O*IStrN() •

J~L t 12 51e'e 13 ~Cod'

-:-> /..-' I> 0 RELEASE TO OWNER AFTER J < 4':::' ., .f '-1' / J 4 / 14 ... ·p."fOWn« (L'" Nwnt Flfll) , . . , .. o Unknown 15 PhoMNu~r

PROCESSING FOR

0 II Own" .. AddfMI (NunwrfSlfMl) 1'7 City I" State

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LI' t AN AdLft SlJIpfMH Duniulown o JuvenH' SUlpec1(' )

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Page 2: ELLIOTT Sunshine Request

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Page 3: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN· 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477 ·6600 x3525

Incident Report

Incident Information I Occurred Day 01 Date Time Occurred On/From Week To

Fri 02110/2012 3:30:00PM

Day 01 Week

Fri

Reported As I Incident Type· Primary Harassment P:003605 Harassment

Incident Address 1020 GRAND TETON DRIVE. ST PETERS. MO 63376

Sector I ,~tat. Area Sub Stat. Area

003 NE 3 NO DEFINED A

Date

02/10/2012

Incident Number: 2012000003605 File No: NJA

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Time Reported Date Time On

3:30:00PM --I 2/13/2012 11 :59:46AM Arresting Officer

R'jIIgrnrn.R,lfY5t'uglas Ziegemeier

Icensus Tract Landmark

Business Name rneident Types · Other CITY OF ST PETERS/JUSTICE CNTR

Associated Persons Summary I Type Name(Last, First, MI) 1 Date 01 Birthl Sex 1 Home Phone #1 Cell Phone # 1 Work Phone #

Address.

BEDIAN·KURTZ, LISA 1 7/30/1957 .1. F t NI~ .. I. . J (636) .47.7:6600. 1 ST PETERS CENTRE BOULEVARD, ST PETERS, MO 63376

Victim

Suspect ~L~I()TT. V\fILLI~M. AU.C;US.TUS .j . 3/18/1?7~ .. 1 M 1 Address. 4016 BELLVUE DRIVE, ST PETERS, MO 63376

NIA l. :. ',.J NIA ..... . ...........

Other ... .. . P'EDER.~ON, BR.ENDA .~ YNN ..... 1. .7I1.~/1~~1 .. .If ... l(6?6.l .. 97.0:2.93.1.1 Address: 115 KIMBERLY LANE, ST PETERS, MO 63376

...... , J NIA .... ... ..

!Associated Businesses Summary I Type 1 Name 1 Primary Phone # 1 Secondary Phone #

No Associated Businesses reported for Incident #: 2012000003605

Involved Officers I Officer Title Officer Name Officer Type DIVision

Lieutenant Rick Gerger Reporting Officer FIELD OPERATIONS I PATROL

Patolman Douglas J Zlegemeler Reporting Officer o OPERATIONS IINVESTIGATI.

Patolman Douglas J Ziegemeler Responding Officer o OPERATIONS IINVESTIGATI.

tBRlUCR Offenses J Offense Number IBR Type I Chapter I Section I Statute to 118R Type DeSCription

90Z I 565 1 090 1 565.090)()( I All Other Offenses

Complaint Charges I Seq # 1 Chapter 1 Section 1 Name(Las\. First, MI)

1 Description of Offense

No Complaint Offense. Recorded lor Incident #: 2012000003605

Suspect Seq, # 1 I Suspect Type Suspect Name Alias/Nickname Occupation Probation Central File SSN

Named LLiOTT, W ILLIAM AUGUSTL N/A NIA NIA NIA

Date of Birth 1 Age 1 Sex 1 Race Ethnlclty 1 Skin Tone 1 Height 1 We.ght 1 Eye Color I Hair Color

3/18/1971 I 40 I Male I Caucasian Not Hispanic I N/A I 6' 1" I 200 I Blue I~ed or Auburr Scars J Marks J Tattoos I Other Physical Characteristics

1 No PhYSical CharacterIStiC Data Reported

Victims 1

Victim Type Victim Name Sex Race Ethnic Origin Hospital Destinatlo Transport Description

Individual BEDIAN-KURTZ, LISA Female Caucasian Not Hispanic N/A N/A

Incident Number 2012000003605 Page 1 0116 PIFormSin91e 07122111

Page 4: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN· 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Vehicle Info I Vehicle No. I Vehicle Mak~ Vehicle Modell Vehicle Year I

No Vehicle Info Recorded for Incident #: 2012000003605

Property l No Property Info reported for Incident'll : 2012000003605

Citations l Citation No T Code I Date

No Citations reported for Incident #: 2012000003605

Incident Number: 2012000003605

VIN

I Status I

Page 2 of 16

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

I Primary Color I Secondary COlor! Plate No. I State I I

Statute I Description I I

PIFotmSlngle 07122111

I

Page 5: ELLIOTT Sunshine Request

::; I. t't: I t:K~ t-'ULI~t: Ut:t-'AK I Mt:N 1020 GRAND TETON DR ST. PETERS, MO 63376 (6361477-6600 x3525

Incident Report

Narratives for Incident Number 2012000003605? Yes

Other Narratives not authorized for print? None Narratives this user authorized to print:

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004775

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Zleg.meler D.lllslon ' FIELD OPERATIONS I INVESTIGATIONS

Date & Time

0211412012 11 :25

2012·3605

Narratlye Description

INV RPT 0211 5/12 A 226

Harassmenl RsMO • 565.090 (6) Del. Ziegemeier #366 Original Report

Sir,

Emered by

Patolman Douglas Ziegemeier

Sl!!l!1 Closed Narrative

Reyiewed by

Lieutenant Rick Gerger

Last Edit Dale

02116/2012

On Friday February 101h, 2012 , Major Flnkelslein (DSN, 149) broughllo my allenlion a possible harassment of a city employee. He asked me 10 speak with the employee, who was identified as:

Bedian· Kurtz , lisa W/F, DOB: 07/30/1957, SSN: . B/A: 1 SI. Peters Centre Blvd , SI. Peters, MO 63376 C/P:

I met with Sedian·Kurtz, who advised that she was the Communications Director for the City of SI. Peters. She stated thai her job was as a markeling communicalions professional and indicaled that her reputalion was her product and that Ihe City of SI. Pelers depends on her credibilily wilh members of the media. She believed thai some person(s) are seeking 10 gel her fired by damaging her repulalion and credibilily, which has caused her to be emotionally dislressed .

Bedian·Kurtz advised Ihal a document Ihal was forwarded to the Missouri Elhics Commission (MEG), by former Missouri State Represenlalive Cynthia Davis, has her ficliliously named as Ihe aulhor in Ihe properties screen on the PDF file . This document is po sled on Ihe websile of volecynlhia.com, which is website for the poillical campaign of Cynlhia Davis for lieulenanl Governor of Missouri This document is a purported complainllo the Missouri Elhics Commission by Cynthia Davis. Copies of Ihe documenl had been handed oullo numerous citizens in Ihe form of CD's and member(s) of Ihe media via an email link 10 Cynlhia Davis' website. Bedian·Kurtz denies having any involvement In said document.

Bedian-Kurtz believed Ihis nollo be an error due 10 a sel of evenls Ihal she described. She slaled on Ihe morning of December 9, 2011 Alderman Roberts received an anonymous phone cail on his mobile phone from a woman wilh a foreign accent who told him Ihal Mayor Pagano and Bedian-Kurtz were behind Ihe effort wilh Ihe aileged MEC complaint When Alderman Roberts asked for proof, Ihe anonymous woman said that the document shows "lisa Bedian" was the author of the document. The anonymous woman had also said Ihal Bedian-Kurtz had made the CD copies of Ihe documenl and was dislribuling Ihese copies to people across Ihe region 10 further defame Alderman Roberts. The person also alleged Bedlan·Kurtz had made Ihe copies using Cily resources (CDs, com puler to make copies). When Alderman Roberts asked for proof, Ihe anonymous woman described how my name was ilsled as Ihe author of the documents in the document properties.

Bedlan-Kurtz provided a CD copy that was given 10 her by Mr. Charnisky who received il from Mayor Pagano. Mayor Pagano had told Mr. Charnisky Ihat someone had dropped Ihe CD wilh a copy of Ihe a/leged MEC complainl in Ihe Cily Hall fronllobby in a plain envelope addressed 10 him, earlier in the week on December 91h, 2011 . Bedian-Kurtz also provided an addilional CD copy that was given to Alderman Reitmeyer who received it by way of Burt Beiermann. .

Bedian-Kurtz also adVised that a member of the media was em ailed a link to the MEC complaint. The email was from [email protected]. It should be noted that this email domain is linked to fraud scams since it can be anonymous account by using fictitious user information . The email was sent on 12/05/11 at 2151 hours. The origin of them email was discovered in Ihe email header by IP address, which was 97.91 .216.250. The IP address had a time slamp of 12/6/11 al 0350 hours. The IP address belongs to Charter Communications and the nonpartisan.com is managed by mail.com. A subpoena request has been sent to the S1. Charles County Prosecutor for the account information from the IP address and the email account.

No further information at th is time.

Respecllully Submilled,

Det Ziegemeler #366

IncIdent Number' 2012000003605 Page 3 of 16 PlFormSlngJe 07/22111

Page 6: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN· 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

by : Patolman Douglas Zlegemeler Division: FIELD OPERATIONS 1 INVESTIGATIONS

I

02/14/2012 11 :25 INV RPT 02/15/12 A 226

Allached:

Bedian·Kurtz Statement

Signature· Reporting Officer

Incident Number: 2012000003605

Patolman Douglas Ziegemeier

Page 4 of 16

Closed Narrative

Reylewed by Lieutenant Rick Gerger

Last Edit Date

02/16/2012

Signature· Reviewing Officer

PIFormSingle 07/22/11

Page 7: ELLIOTT Sunshine Request

12-0:S60!:>

TO: Chief Tom Bishop February 9, 2012 City of st. Peters

FR: Lisa Bedian

CC: Bill Charnisky

RE: Complaint

Chief Bishop:

During the past eight weeks, I have been trying to deal with a situation that initially brought to my attention on December 9, 2011 . I have been trying to resolve this issue and have consulted with a private attorney but it has become apparent that someone is trying to jeopardize my job and damage or destroy my professional and personal reputation. Unlike a CPA, attorney or engineer, as a marketing communications professional my reputation is my product. The City of St. Peters depends on my professional credibility with members of the media. The individual(s) involved with this situation seeks to get me fired , damage my professional and personal credibility and through my reputation , the City's reputation.

The following is the basis for my complaint:

On the morning of December 9, City Administrator Bill Charnisky received a phone call from St. Peters Board of Alderman President Tommy Roberts. (NOTE: During the week or so preceding this phone call , Alderman Roberts had learned he had been targeted by a complaint filed with the Missouri Ethics Commission by former Missouri State Representative and current candidate for Missouri Lieutenant Governor, Cynthia Davis. This complaint had been widely circulated via emails from Ms. Davis and others, and by CDs with copies of the alleged complaint given to St. Peters residents, numerous elected officials and members of the media by Ms. Davis and Ward 3 Aldermanic candidate Burt Biermann . In fact, one member of the media had forwarded an email from Ms. Davis to her with a copy of this complaint. Ms. Davis had approached Mayor Pagano about the complaint at the EDC holiday party in early December and she reportedly said to Mayor Pagano that she was going to 'destroy Tommy Roberts. ')

On the morning of December 9, Alderman Roberts had received an anonymous phone call on his mobile phone from a woman with a foreign accent who told him that Mayor Pagano and I were behind the effort with the alleged MEC complaint. The woman also said I was working with Glenn Jamboretz, Brandi Petersen and others. When Alderman Roberts asked for proof, the anonymous woman said that the document shows Lisa Bedian was the author of the document. The anonymous woman had also said that I had made the CD copies of the document and was distributing these copies to people across the region to further defame Alderman Roberts. The person also alleged I had made the copies using City resources (CDs, computer to make copies) . When Alderman Roberts asked for proof, the anonymous woman described how my name was listed as the author of the documents in the document properties. , After Alderman Roberts finished this phone call from the anonymous woman, he immediately called Mr. Charnisky to inform him of the conversation , his belief in my innocence, and his concern that someone was trying to "set me up" and put my job in jeopardy. The individual(s) involved were not only trying to blame me for originating the complaint and letter from Ms. Davis, they were also accusing me of doing th is on City time and using City resources.

1

Page 8: ELLIOTT Sunshine Request

12 - 0 3 60 5

They agreed that Bill would inform me about this situation and we would try to determine what was going on and how to proceed.

Mr. Charnisky and I met on that afternoon and he informed me of the conversation with Board President Roberts and the wild claims being made by the anonymous woman . Mr. Charnisky assured me that neither he nor Alderman Roberts believed these inflammatory charges but that both of them were concerned that someone was out to get me fired and destroy my credibility. I assured Mr. Charnisky that I had nothing to do with these documents and could not understand why someone was trying to connect me with such potentially damaging information about one of our elected officials or accuse me of doing such a thing using City resources and on City time.

Mr. Charnisky gave me a CD he had obtained from Mayor Pagano. Mayor Pagano had told him someone had dropped the CD with a copy of the alleged MEC complaint in the City Hall front lobby in a plain envelope addressed to him, earlier in the week; perhaps Monday or Tuesday.

We called Alderman Roberts to confirm Bill's account of the conversation and the description of the document. Alderman Roberts said we need to right click on the document to display the document properties. When we put the CD into my computer in my office, and right clicked on the document as directed by Alderman Roberts, the document properties opened and had me listed as the author of the PDF and that it was created on 11/11/11 at 9:19:09 AM and modified 12/6/11 at 10:53:36 AM. I was very upset with this discovery; I did not do this . Bill and Alderman Roberts (on the phone) agreed that someone is trying to set me up. I believe that Ms. Davis as the originator of these documents was hoping to spur Board President Roberts to retaliate against me for my impersonated involvement in this scheme to smear his reputation .

Next, Mr. Charnisky and I looked at the forwarded email from Ms. Davis to a member of the media. The email to the reporter asked the reporter to do a story about the MEC complaint claiming :

"This is the culmination of years of research. I did the homework for the Missouri Ethics Commission. When they read this, there is no other conclusion they can arrive at, but top send four people to prison. Please help us get this story out to the public. "

Davis then has a link to the entire 425 page ethics complaint and her cover letter to the Missouri Ethics Commission-both of which have me listed as the author in the PDF document properties and that the document was created on 11/11/11 at 9: 19:09 AM and modified 12/6/11 at 10:53:36 AM. Again--falsely trying to show that I was working on these documents on City time using City resources which If It were true, I would be in violation of City ordinances and would lose my position. The document at that time (12-9-11) was posted on Cynthia Davis ' campaign website in a newsletter (http://myemail.constantcontact.com/Clean-Up-Time. html?soid=11 0782697 4682&aid=bJ KuVlmRMzo&fb_source=message) and appeared to be identical to the document provided to Mayor Pagano on the CD.

A similar email containing the MEC complaint submitted by Ms. Davis was sent from an individual calling him/herself "The Masked Avenger" was also sent to the same member of the media who had received the email directly from Ms. Davis. Mr. Charnisky and I also looked at that email and the link to the Davis MEC complaint; it too had me listed as the author on the PDF's properties.

Mr. Charnisky and I continued our discussion of the situation including the fact that it appeared a campaign was being orchestrated to target Alderman Roberts and to allege that I was behind this attack on Board President Roberts . He assured me that both he and Alderman Roberts

2

Page 9: ELLIOTT Sunshine Request

.. ·, ~ - u .~ 6 0 !l

knew I had no involvement with this alleged complaint and was the victim of what could possibly be a criminal act or "cybercrime." Mr. Charnisky recommended I talk to St. Peters Police Chief Tom Bishop on Monday when he returned from vacation.

On December 12, 2011 at 9:30 a.m. I met with St. Peters Police Chief Tom Bishop and Deputy Chief Jeff Finkelstein and gave them the information regard ing this situation. I told them I had a personal contact who would look into searching the emails to see if the sender(s) could be identified.

That afternoon I contacted my personal web hosting company and asked them if they could investigate the origin of the email sent by the "Masked Avenger@nonpartisancom." By Tuesday evening , they had identified the web hosting company of the domain-World Media Group located in Bedminster, New Jersey (phone number 908.903.0200) and the sending IP source. The sending individual is using Charter Communications as their ISP. The actuallP Address for the user is 97-91-216-250, and this was dynamically assigned to their individual machine by Charter Communications on 6 Dec 2011 and in use by the sender when the email was sent at 03:50:55 St. Louis time." (Per email to LB from Marcus Dewan, Tivex Consulting, 5:15 p.m. 12.13.11)

On Wednesday, December 14 at 3:50 p.m. I had a phone conversation with Alderman Rocky Reitmeyer. I had called him to ask a question about the Board of Aldermen meeting December 15. During this conversation, Alderman Reitmeyer asked me if I had put together the pro-Terri Violet, anti-Gus Elliott "chicken" mailer that was sent out prior to the April 2011 election in Ward 3. I told him that would have been a violation of a City ordinance. He asked me again saying ' I know it's a violation of the ordinance, I want to know if you did it, yes or no." I told him "no." I asked him where he heard about this . He told me he was waiting in line outside City Hall overnight on December 12 so that he could sign up to be on the April 2012 ballot and that another candidate, Burt Biermann and a man he referred to as Cynthia Davis ' cousin , who was there as a supporter of Biermann, told Reitmeyer about my alleged involvement in this flyer and that Biermann didn't say anything. but nodded in agreement.

In addition to meeting with Chief Bishop and Deputy Chief Finkelstein, I have also sought personal legal counsel regarding this situation. I am concerned about this deliberate attack on my professional and personal credibility and very worried that whoever was behind this wanted to set me up to get fired from my job with the City of St. Peters, a job I have had for nearly 8 'h years and to destroy my career; my personal and professional reputation I have worked hard to earn for more than thirty years.

On January 1 S, 2012, per Bill Charnisky's direction , I sent Ms. Davis a letter (registered, return receipt required) on City of St. Peters letterhead. The letter brings this matter to Ms. Davis' attention , explaining my shock at seeing my name listed as the "author" of both (the letter and the MEC complaint) in the "properties" section of the PDFs. I told her "I DID NOT write your cover letter or the Ethics complaint." I asked for her explanation and response as soon as possible since it appeared that these documents were originated by her. I also told her I don't recall ever meeting her and asked her to refresh my memory if, in fact , we have ever met.

On January 19, 2012, in a St. Peters Board of Aldermen executive session discussing these attempts to falsely name me as the author of documents smearing a member of the Board of Aldermen, City Attorney Randy Weber advised those present (including me) that impersonating a public official is a violation of Missouri State and St. Peters ordinance.

3

Page 10: ELLIOTT Sunshine Request

lZ - U .'l OU;.I

(NOTE: On January 19, after the BOA executive session Alderman Reitmeyer called me and told me that on the evening of December 11 while he was waiting in line to sign up for the April municipal election ballot, Burt Biermann had handed him a CD copy of the Davis MEC cover memo and complaint. After Alderman Reitmeyer gave me the disc on January 30 in my office at City Hall, we opened up the document properties and again , my name was listed as the author on this copy.)

On January 23, 2012 in the City Hall mail delivery, I received the return receipt postcard from the U.S. Postal Service with a signature from a Benjamin Davis at Ms. Davis' address indicating the my letter had been received at Ms. Davis' address on January 19, 2012. Ms. Davis has not contacted me since she received this letter.

On January 27, Mayor Len Pagano presented me with another CD disc copy of Davis ' letter and MEC complaint. According to Mayor Pagano, he had received the CD from St. Peters resident Don Shaikewitz, who told the Mayor he had been given the copy on January 26 in a meeting with Burt Biermann where Biermann also described the complaint as an attack on Board President Roberts.

CD copies of the Davis cover memo and MEC complaint listing me as the PDF's author continue to be circulated among City of St. Peters elected officials, residents and others. I now have three CD copies of the Davis cover memo and ethics complaint that were handed to a Mayor Len Pagano, Alderman Rocky Reitmeyer and a St. Peters resident. All three of them list me as the PDF's author and have times and dates of my "creation ' and "modification" of the PDFs as during City work time using City resources. I have been told that more copies have been given to City residents as recently as the last week.

The Davis MEC complaint and cover memo documents falsely naming me as the author is still posted on her website , http://votecynthia.com/. ltis posted on the bottom of her home page under "Ethics Report. " As of this morning, it still has my name listed as the author. It appears that Ms. Davis is the originator of these documents and is trying to impersonate me with efforts trying to smear Board President Roberts. These documents which make serious charges against Board President Roberts are distributed by Ms. Davis and others. Then, an "anonymous" caller calls our Board President Roberts accusing me of originating these documents and further claiming I was working with others against him, using City resources on City time to produce the documents and copies of the documents for distribution. I had nothing to do with this and someone is impersonating me as a part of their political "dirty tricks" campaign.

Impersonating me and trying to get me fired by making it look like I'm trying to smear the President of the St. Peters Board of Aldermen is very serious. Imagine if these individuals tried to impersonate another City official like the chief of pOlice. They could have found someone with a similar build to Chief Bishop, dressed them in an old "National Night Out" polo shirt with "Chief Bishop' embroidered on the shirt and had that individual wear a hat and sunglasses, then attend various neighborhood parties on the date of that event. That person impersonating Chief Bishop could then informally talk with residents and tell them that the President of the Board of Aldermen was going to prison soon because of illegal acts. Again, it would be an impersonation of the City-employed public official, involved in smearing an elected official, and it could jeopardize the chiefs career, reputation, and the City's reputation. The damage that this kind of impersonation of any of our public officials could trigger is frightening.

4

Page 11: ELLIOTT Sunshine Request

1 2 - 0 ~ 605

The only conclusion I can make about these actions by Ms. Davis is that she is trying to impersonate me with the intent to :

• ru in my credibility with St. Peters ' elected officials with the ultimate goal of getting me fired from my job

• destroy my credibility with the media and severely harm my 30+year career • harm possibilities for future employment in marketing communications management • damage my professional and personal credibility

I am asking you to begin an investigation of Ms. Davis. There is a great deal at stake here.

Please let me know if I can provide more information . I have all of the documents referred to in this letter and will provide them upon request.

5

Page 12: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: NIA

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeler Division: FIELD OPERATIONS I INVESTIGATIONS

Date & Time

02/22/2012 13:23

SUPP #1

2012·3605

Narratiye Description SUPP #1 02123112 A 245

Harassment RsMO - 565.090 tnvestigative Supplement Det. Ziegemeier #366 Interview with Cynthia Davis

Sir,

Entered by

Patolman Douglas Ziegemeier

In reference to the original report, I would like to submit the following information:

lililI!i Closed Narrative

Reylewed by Lieutenant Rick Gerger

Last Edit pate

0310812012

On 02/22112, at 0830 hours, Det. Lt. Rick Gerger and I met with Cynthia Davis at her bookstore at 1002 Hwy K, in reference to this incident.

I advised Davis of the reason we wished to speak to her. It was asked if she knew Lisa Bedian; she stated that she did not.

Davis went on to say she did file a complaint with the Missouri Ethics Commission. She explained that she writes a weekly newsletter and during one of her newsletters, she wrote that she filed an ethics complaint. She indicated shortly after this weekly newsletter, she had people asking where the ethics complaint was and about its contents. Davis said instead of her trying to explain the 400 plus page document, she wanted to put it on her website for people to view, so they could read the complaint for themselves.

Davis said the complaints regarded a Kansas City Firm, called Main Street Values, "messing with elections" in St. Charles County. She said because of this she had a meeting with those who she felt were harmed by the Kansas City Firm. Davis said the meeting was between her, Joe Cronin. Gus Elliot, and Kathy Conway. Davis said Sally Faith and Vicki Schneider were both invited to the meeting; however, they could not make the meeting . Davis said as a result of this meeting she decided to file the complaint with the Missouri Ethics Commission.

At that point in the conversation Davis indicated that she received a letter from Lisa Bedian. In the letter it indicated the complaint in which I was inquiring. She stated when she read the letter, Usa Bedian ended it by apologizing for knowing who Davis was. Davis laughed at this section on the letter, because she didn't know who Lisa Bedian was either. Davis said her first reaction was to contact Lisa directly; however, she did not know how to do so, because the letter did not have direct contact information to Lisa Bedian. Davis said after reading the letter, she went to her website and could not find her name on the complaint. It should be noted, I attempted to show Davis the properties section on the PDF file; however, her computer would not allow the document to be converted into a PDF file; therefore, we were unable to see the properties section in order to show the author as Lisa Bedian.

I then showed Davis a copy of the properties screen indicating Lisa Bedian as the author. I asked her if someone helped her create the PDF file. She said she had received assistance and she had not personally created the PDF file . She said she signed the report, but Gus Elliott created the PDF file . She said the reason she didn't create her own PDF file is because is she is not "good" with computers. She said Gus Elliott created a CD, containing the PDF file, for her to deliver to her friend that manages the website. She said the friend manages the website from Indiana.

Davis said that when she created the MEC complaint, she had help from Gus Elliott who compiled the information for her on his computer. Davis said that Gus Elliott printed a hard copy for her and made her a CD of the complaint. Davis then offered to take the report off of her website. as it was not her intent to offend anyone. Shortly thereafter the conversation was ended.

At 1043 hours, I contacted Davis via the telephone to inquire about her website manager. Davis Identified the website manager as Audrey Queckboerner and with the te lephone number 260-627-8822. I further inquired if she had any conversations or inquiries from anyone else about Lisa Bedian. She stated she had not. I also asked if the people involved in generating the complaint ever talked to her about Lisa Bedian . She stated the only time she had heard her Bedian's name was when she received the letter from Bedian and in talking with us today.

As of 1500 hours, a check of Cynthia Davis's website (votecynthia.com) revealed the website no longer had a link to the MEC report .

An audio copy of the CD will be placed into evidence. No further information at this time.

Respectfully Submitted.

Det. Ziegemeier #366 Incident Number: 2012000003605 Page 5 of 16 PIFormSingle 07/22/11

Page 13: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeler Division: FIELD OPERATIONS I INVESTIGATIONS (con1inued)

1m 02/2212012 13:23

Attachment

Property Record

r \I f1 tl n

SUPP #1 02123112 A 245

Signature - Reporting Officer

Incident Number: 2012000003605

Patolman Douglas Ziegemeier

Page 6 of 16

Closed Narrative

Reviewed by Lieutenant Rick Gerger

Last Edit pate

03/08/2012

Signature - Reviewing Officer

PIFormSingle 07122111

Page 14: ELLIOTT Sunshine Request

~ I. rc; I c:"';:) rVLlvC UI::t'A~ IIVICN

1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605

File No: NIA

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012

Printed By: tlwilkins

Narrative by: Patolman Douglas Zlegemeior Division. FIELD OPERATIONS I INVESTIGATIONS

pale & Time 0212412012 1037

SUPP #2

2012·3605

Narratiye DeSCription

SUPP #2 02128/12 A 245

Harassment RsMO • 565.090 Investigative Supplement Det. Ziegemeier #366 Interview with Gus Elliott

Sir,

Entered by

Palolman Douglas Ziegemeier

In reference to the original report , I would like to submit the following information :

~ Closed NarratIve

On 02123112, at 1116 hours, t contacted Gus Elliot by telephone. He is fully identified as:

Elliott, William Augustus W/M , DOB: 0311~/1971, SSN: H/A: 4016 Bellvue, St. Peters, MO 63376 C/P: : -- --

Reyiewed by

Lieutenant Rick Gerger

last Edit Date

0310812012

I asked Elliott if he would be willing speak with me at the St. Peters Justice Center regarding this incident. He stated he would meet me on the aforementioned date at 1630 hours.

At 1630 hours, I met with Elliott in the commons area of the building. I thanked him for voluntarily coming in and speaking with us: Elliot responded by saying he was glad to help. As we walked up to the inlerview room, I inquired if he had access to the building; he responded by saying he had been in the police department multiple times and was very familiar with the building due to his current position as an Alderman for the City of St. Peters.

When Elliott and I arrived at the interview room, we met with Det. Lt. Gerger, who participated in the interview. It should be noted that when Elliott entered the room he chose which seat to sit in, placing us between him and the door. As we sat down with Elliott , I referenced Lisa Bedian's complaint and asked him if he was familiar with the complaint. He stated she had mentioned something in an executive seSSion, of one of their Board of Alderman meetings. I asked what he knew about the situation. His response was , "What do I know about what?"

At that point, Del. Lt Gerger explained the facts of the matter to Elliot. Elliot was told we knew he helped Cynthia Davis create the Missouri Etchics Commission complaint; Elliott stated, "That's true ." And that he made the PDF file of the complaint ; Elliott said, "That's also true." Det. Lt. Gerger went on to say that the file Elliot gave Cynthia DaVIS Indicated it was authored by "Usa Bedian ;" to which Elliot replied, "No." II was then explained that the PDF document properties listed Lisa Bedian as Ihe author. At that point, a printout of the PDF properties screen was shown to Elliot. Det. Lt. Gerger asked Elliot if he changed the name of the author to show it as "Ltsa Bedian ." Elliot responded . "No." II was then asked who did change it Elliott responded, "I can't speculate."

Elliott stated he did the research for the MEC complaint, formatted the complaint, printed the complaint out for Cynthia Davis , and gave Cynthia DaVIS a digital copy of the file . Elliot was told that his denial of changing the document to appear as if it was authored by "Lisa Bedian" did not make any sense. Elliot said, "I can tell you that Lisa Bedian did not participate in the research or the construction of the complaint ." He said that Cynthia Davis, Vicki Scheider, Kathy Conway, Joe Cronin, and another person he couldn't remember all contributed to the complain I. Det. Lt. Gerger explained to Elliott the concern was not the content of the material, but that it was falsely represented that Lisa Bedlan authored the document, which could jeopardize her employment. Elliot said, "I can assure you that she did not participate ." Elliot was asked if Lisa Bedian had ever used his computer. Elliot responded, "Was she on my computer? No." Del. Lt. Gerger asked if Lisa Bedian had access to his personal computer. Elliot responded, "No." Det Lt. Gerger explained that if Lisa Bedian did not use or have access to Elliott's computer, how was her name on the document in question. It was explained that the only plausible explanation would be the person forming the document entered her name as the author of the PDF file . II was then asked of Elliott , who had access to his computer that would have changed the autho(s name on the PDF file. Elliott's responded , "Well leis, lets back up. At what point. at what pOint do you have, do you have access to the file that Cynthia has." It was explained that when the file went from Elliott to Cynthia Davis, it went from Cynthia Davis to her website manager, then up on her website.

Elliott was again told that issues arose because of this, which could put Lisa Bedian's employment in jeopardy. Elliot was asked if understood the issue where Bedian and the City was concerned. He stated, "I see that." Elliot was told that we believe it was him that changed the author's name to Lisa Bedian on the PDF file. He was told that it was our goal to try and resolve the situation today. It was also explained to Elliott that this incident was not a mistake, because another Alderman was con tacted and was told that Lisa Bedlan authored the PDF file The Alderman was told that not only did she author it, but it was done on city time and on city

InCident Number: 2012000003605 Page 7 of 16 PIFormSingle 07/22111

Page 15: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004176

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeler Division: FIELD OPERATIONS I INVESTIGATIONS (continued)

I I n Reyiewed by Last Edit Date

02/2412012 10:37 sUPP #2 02/28/12 A 245 Patolman Douglas Closed Lieutenant Rick 03/08/2012 Ziegemeier Narrative Gerger

equipment. We explained that subpoenas were issued and we would be able to determine who was behind this incident. but we would like to get it resolved today. Elliott responded by inquiring. "What's the upshot here?" We asked him what he meant. He said, "What is the end result."

Det. Lt. Gerger again asked if Elliott changed the PDF file to show the author as Lisa Bedian. Elliott sat for 17 seconds and opened his mouth several times as if he wanted to speak; however, no words were spoken. Det. Lt. Gerger told Elliot that it was a simple question, did he change the author of the PDF file to Lisa Bedian, yes or no. Elliot sat silent for the next 22 seconds, again he opened his mouth several times as if he wanted to speak; however, no words were spoken.

At that point we asked Elliott to be honest. He stated he did not realize that the window in the PDF file existed and it would bear Lisa Bedian's name as the author. He said the file properties buried in the file can be altered with doss commands. He said that by doing this the name of the author can be changed. He said the idea behind that is anybody who found this would have to be looking for it. He said if anybody were to do this it would probably be Lisa Bedian, because she would most likely be the person digging around to find this information. Det. Lt. Gerger again asked if he changed the author field on the PDF file to Lisa Bedian, yes or no. Elliott responded, "Yes." It was asked if he instigated a phone call to Alderman Tommy Roberts to have him look at the properties of the document. Elliot replied, "I did not." Elliott was then asked if [email protected] was his email account. He stated that it was. It was also asked if this was the email account he used to distribute a link to the MEC complaint. He stated that it was. Elliott was asked why he used Lisa Bedian's name. Elliot said that was a "good question." After a few seconds, he said "It was more about irony, that she would never align herself politically under any circumstances."

Elliott was asked if the person who called Alderman Roberts, would be linked back to him. He stated he did know who called Alderman Roberts. He said, "I was laughing a litUe bit too loud about twiddling the file properties." He went on to say, "I had told a couple of people just for a, just for a good tee hee. I assume you mean the person who called Tommy (Alderman Roberts) , That was Brandy Pederson." Elliot was asked if this was a personal friend of his. He stated she was. He said that he told Brandy Pederson , and she decided to call Alderman Roberts and "stir something up." Elliott was asked what the intent of the phone call to Alderman Roberts. Elliott said , 'She just wanted to rattle his cage, I guess. She just wanted to mess with him." Elliott said he was not present during the phone call . It was asked if he ta lked to Brandy Pederson about the phone call. Elliot said he did, but only after the phone call. I then asked if it was prior to the phone call; Elliott said , "I don't believe so." Elliott was asked if Brandy Pederson helped in changing the author field of the PDF file. Elliott said she did not.

Elliott was asked when he altered the PDF file , what changes did he think he was making. Elliot said, "Well, you would have to go in and right click on the file . And then you have to go to a specific path to see the author of documents." I then asked him if he did this on his home computer. He stated that he did .

Det. Lt. Gerger requested that he deduce his statement to writing, Elliot refused to make a written statement.

At that point, the conversation was ended .

A video recording of the interview was placed Into evidence.

No further information at this time.

Respectfully Submitted ,

Det. Ziegemeier #366

Attached.

1 Warrant Application 1 PC Statement 1 Property Record Form

Signature - Reporting Officer

Incident Number: 2012000003605

Signature. Reviewing Officer

Page 8 of 16 PIFormSingle 07/22/11

Page 16: ELLIOTT Sunshine Request

SI. Charles Cour.ty Prosccuti"g Allorney's Office 1 ~ . - 0 j 6 0 5 "VARRA!'IT/SUMMONS APPLICA TJON

"'Each section MUST be completed and Copies of the RepoI" and Criminal History Allachcd •••

ORI j,1Q02}!.J<O~40""O,--__ _ Check YES or NO to all app licable spaces below:

OC A: 2012·3605

OCN: ____________ _

Arrested:

Fingerprinted:

DYES IZiNO

DYES IZiNO

PLEASE COMPLETE ALL FIELDS

INCARCERATED: DVES ~NO

Multiple Suspects DYES IZiNO If yes Number ~

24 hrs. up on Date ___ @ _____ .a.m.!p.m. Facility ____ _

DATE OF WARRANT APP: 2/24/12 OFFENSE DATE: 11 111 111

DATEFAXEDTOPA: ___ _ DYES ~NO FAX PHONE (636) 949-7321 BY: __

AGGRAVATING CIRCUMSTANCES: DPRJOR CONVICTIONS DARRESTS DCONTACTS

ABUSIVE TOWARDS: DVICTIM DpOLICE OFFICER DOTHER

MITIGA TING CIRCUMSTANCES: DCOOPERA TlVE DNO PRJOR POLICE CONTACTS DREMORSEFUL (Need separate application & orieinal probable cause statement for each suspect)

SUSPECT:~E~I~lio~t~t ____________ ~VV~ill~ia~m~ ________________ ~A~u~g~u~st~u~s __________________ __ LAST FIRST MIDDLE

D.O.B: 03/18/1971 SEX: Male RACE: White SSN:

HEIGHT: 601 WEIGHT: 200 HAIR: Red EVE: Blue

CURRENT ADDRESS: 4QI6 Beily!!e

Number & Street Name

CHARGE: Harassment

Saint pefers City

MQ State

CHARGE: _______________________ _

CHARGE: _______________________ _

Attach sheet for additional charges

VICTIM: f(L(~'f'i LAST

3323 Town & Country Lane Number & Street Name

)FF1CER: Det. l iegemeier

Lisa FIRST

'gG'Ol A-N MIDDLE

SI. Charles City

MO State

63376 lip Code

DFELONV ~MISD

DFELONV DMISD

DFELONV DM1SD

07/3011957 D.O.B. S.S.N.

63301 lip Code

DSN: ...:3""6,,,,6 ___

)EP AR TMENT: Saint Peters Police Department Approved form SI. Charles County PA 05·31-11

Page 17: ELLIOTT Sunshine Request

PROBABLE CAUSE STATEMENT

I, Det. Ziegemeier #366 with ~S~t~.~p~e~t~e~r~s~p~D~ __ ~ ______ ~ __ ~ ________ _ a law enforcement agency, state that the facts contained herein are true to my best knowledge and belief and that any false statements made are punishable by law.

1. On 11/11/11 at 4016 Bellvue

in St. Charles County, MO, William Augustus Elliott (suspect) did:

Commit the crime of Harassment by:

Engaging in an act without good cause, with the purpose to cause emotional distress to the victim.

Elliot admitted to creating a Missouri Ethics Commission complaint with Cynthia Davis, in doing so he purposely altered data on the PDF file to indicate that the victim authored the file. Elliott admitted that the victim had no participation in the research or construction of the file. He stated after he falsely named the victim as the author, he spoke with friends about it and laughed. He stated he understood that the implication of her involvement could jeopardize her employment. Elliott also admitted to using a spoof email account in order to distribute links to the MEC complaint, in order to maintain anonymity .

The victim advised Elliott has attempted to get her fired several times in the past. She said that she believes Elliott is attempting another avenue to get her fired and that this situation has caused her emotional distress.

2. DRUG CASES ONLY: The lab report confirmed the substance to be :

and weighed

3. I have reasonable grounds to believe that the defendant will not appear upon the summons or is a danger to the crime victim, the community, or any other person because :

.~. -------

Date : 2/24/12

This is an approved form by the St. Charles Cou y Prose -ing t torney.

Page 18: ELLIOTT Sunshine Request

~ -U.)tH :) StAP(J Ff/ .,. PURPOSE OF SEIZURE 1 ~Lal r'll Nu"**, •

0 ST. PETERS POLICE DEPT. ,/,1,1 <:/ ..... c PAGE OF PAGES

FOUND PROPERTY PROPERTY RECORD

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" PfO!*I), Owner (Lu' NMnI Firat) o Unknown 15 PhoneNu~ PROCESSING FOR

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/t~, I I . 1 ",/. /' J'//t"' / r 23 OWNER NOTFIEOOF FOUN~ PAOPERTY [ YESA: 'NO I-4ow U.nv

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PROPERTY DESCRIPTION (INCLUDE COLOR, SIZE, SERIAL NO., MODEL, ETC.) VALUE INmlHAL

NO. OUANTITY USEONLV

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Item No. ""w , ... From 0 ......

Page 19: ELLIOTT Sunshine Request

;:) I. rc: 1 C:I'\;:) .... VL.II"c: ut: .... JoI.I'\ IIVIt:N

1020 GRAND TETON DR ST. PETERS. MO 63376 /636) 477-6600 x3525

I ncident Report

Incident Number: 2012000003605 File No: NIA

Dispatch Incident Number: 2012000004776

Print Date: April 10. 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeier DIVIsion: FIELD OPERATIONS I INVESTIGATIONS

pale & Time 02/2412012 12.43

SUPP #3

2012-3605

Narratiye Descriptioo

SUPP #3 02/28/1 2 NA 245

Harassment RsMO - 565.090 Investigative Supplement Del. Ziegemeier #366 Interview with Brandy Pederson

Sir,

Entered by

Patplman Douglas Zlegemeler

In reference to the original report. I would like to submit the following information :

l1lillll Closed Narrative

ReVIewed by Lieutenant Rick Gerger

Last Edit pate

03/08/2012

On 02124112, at 1223 hours, I made telephone contact with Brandy Pederson, fully identified as:

Pederson, Brenda "Brandy" Lynn W/F , DaB: 07113/1961 , SSN:_ H/A: 115 Kimberly Lane, SI. Peters, MO 63376 C/P:

I asked her if she had spoken with or had any conversation with Elliotl since last night (2/23/12) . She stated she did not; however, she attempted to call him this morning . I told her that I had spoken with Elliott last night and wanted to corroborate some parts of his story. She stated she did not wish to corroborate any conversation she had ever had with Elliott or anyone else. I asked her if she called Tommy Roberts, disguised her voice and informed him about a PDF file . She stated she had "no involvement in anything." I told her Gus Elliott told us that she made the phone call to Tommy Roberts. I then asked her if Gus Elliott was lying . She responded by saying she did not want get into "a pissing match" and at that point she ended our conversation .

No further information at this time .

Respectfully Submitted,

Del. Ziegemeier #366

S'gnattlrc ~ Rcpolting Off,cer Signature. Reviewing Officer

InCident Number 2012000003605 Page 9 of 16 PIFormSlngle 07/22/11

Page 20: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN· 1020 GRAND TETON DR ST. PETERS, MO 63376 /6361477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeier Division: FIELD OPERATIONS I INVESTIGATIONS

Date & Time

02/24/2012 13:11

SUPP#4

2012·3605

Narrative Description

SUPP #4 02/28/12 A 245

Harassment RsMO - 565.090 tnvestigative Supplement Det. Ziegemeier #366 Evidence Drop

Sir,

Entered by Patolman Douglas Ziegemeier

tn reference to the original report, I would like to submit the following information:

~ Closed Narrative

Reyiewed by

Lieutenant Rick Gerger

Last Edit Date

03/08/2012

On 2/24/12, I placed two CD's, which contain copies of the PDF file that were supplied to me during my initial contact with Lisa Bedian, into evidence.

No further information at this time.

Respectfully Submited,

Det. Ziegemeier #366

Attached : 1 Property Record Form

Signature - Reporting Officer

Incident Number: 2012000003605

Signature - Reviewing Officer

Page 10 of 16 PIFormSingle 07/22/11

Page 21: ELLIOTT Sunshine Request

_. • f ' ... I' - U .) n ~ Yv.?f/f"1 ... • PURPOSE OF SEIZURE

o FOUND PROPERTY

o SAFEKEEPING

ST. PETERS POLICE DEPT. PROPERTY RECORD

OF PAGES

3 OfIen .... tnclHnl

o DISPOSAL 4 Seizing OIIloer • OSN

0--EVIDENCE (HOLD) 1 l ocation o! Seizure (Dalctbe whlcle, building. etc. and Iocilllon) 0t,;. C"7lh /.t:, ( ~.<: (- ,r' (" 'j

/ . o SEARCH WARRANT //J?f' <1''1 a ~"yt I o HOLD EVIDENCE AFTER • '."n(') (Lao! NM"O Fl.,) / Dc"" ....." N • •

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o RELEASE TO OWNER AFTER PROCESSING FOR

o OTHER (EXPLAIN) __ _

MULES CHECK FOR STOLEN OWNER NOTifiED OF FOUND PROPERTY

,. .. ..

10 VictlmAddrHl !Nu~/StrM() /" ..7 1'1 CIIy/ //' 1'2 s,;;e...... " z:pCode / -s: I':':':" • .L.. / , ) j r" cr /:- J .- f. /:,)' _, /td!) 14 Propef1y Owner (la, N&rn. FI,.,) o Unknown 1S Phone Nurri:ler

" OWner .. Addr ... (NumtMirISIIM') 1'7 Ciy " z., Code

o Jullenl, SUlpecI(l)

How Manll

27 ITE" NO. OUANTITY PROPERTY DES9.RIPTION (INCLUDE COLOR, SIZE, SERIAL NO., MODEL, ETC.) VALUE

.. INTERNAL UaEONLV

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Page 22: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN· 1020 GRAND TETON DR ST. PETERS, MO 63376 (6361477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Lieutenant Rick Gerger Division: FIELD OPERATIONS I PATROL

Date & Time

0212712012 12:15

SUPP#5

2012·3605 Harassment Det. Supplement Lt. RH Gerger

Narrative Rescription

SUPP #5 02128112 A 245

Copy of phone conversation" Pederson

Sir.

Entered by ~

Lieutenant Rick Gerger Closed Narrative

Reviewed by Lieutenant Rick Gerger

Last Edit pate

0310812012

In regards to the original report, I would like to add the following information as related thereto:

On Monday, February 27, 2012, I accessed the OAISYS telephone recording system and made a copy of the telephone conversation between Det. Ziegemeier and Brandy Pederson that occurred on February 24,2012 at 1223 hours.

The compact disc was entered into evidence.

Respectfully,

LT. RH Gerger #180

Attachments: Evidence receipt

Signature. Reporting Officer Signature" Reviewing Officer

Incident Number: 2012000003605 Page 11 of 16 PIFormSingle 07122111

Page 23: ELLIOTT Sunshine Request

• I' ,- vvvv.., ';' lA-fr ... :> 2 .. PURPOSE OF SEIZURE

ST. PETERS POLICE DEPT. ' -Co"1)lalrt Nil"""" Z

, I '2 - 3( u5 PAGE O. PAGES

D FOUND PROPERTY PROPERTY RECORD ' l;:wlnc~~

0 SAFEKEEPING - h-/. <; S Me "-'I"

~ • ..... """"'/!, • OSN "0..,, Tn .... ), DISPOSAL

" C:y,,- (, ex. I 'hu 7 /27 I 1-EVIDENCE (HOLD) , t.oc::.I'-?n Of~c:rbllloWllcle, bui~ al'ld Iococlon) r

(ik 0 SEARCH WARRANT S:.,. . I -",1..";;' <: 1 II C;"T lee

0 HOLD EVIDENCE AFTER • ~.) (luI Nan. FIlS') Dc., I Pnone No.

PROCESSING FOR D~' A "J D Stalf

10 Vicl im Adell.. (NurrberlSireec, t (. 1 ~ "(~I I t) I:VU l. Zlp coOe

0 RELEASE TO OWNER AFTER ~)2 ') --r~I/-I"" -l o",,-:i'-, j <;... S)u j

14 p~ Owner (luI Narr. FIlS')

~ 1" --S o Unknown 111 PhOnt NulT'ber

PROCESSING FOR C rT1 U(- :T t.)'L,,< '/7g- :2 "2- Z 2-

0 OTHER (EXPLAIN) " Q Add,.., ~n"btrlSlr_'

J U 0 / ' 'I t--l! ,....;::-, 1 '~.~ -I'i\t' "-n -"1OAJ I J ~ 15l;(7 r U 't'.c'" ~ - 337, MULES CH CK FO TOlEN NO

:20 S~(.) - lltt A' Ad"" S~ptCh o Unknown o Juvenie SUlpact(.) YES f.:. L. l IO -r OWNER NOTI=IED OF FOUND PROPERTY YES NO HowLlanll

24 ,. 21 27 .. ITEM

P.ROPERTY DESCRIPTION (INCLUDE COLOR, SIZE, SERIAL NO., MODEL, ETC.) VALUE INTERNAL

NO. OUANTITV USE ONLY

It I ( 'Of.i.TT' ( T '.) le(l - 1"- C. (.. (; IZ- b r 1:"+1 () ;V \:

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en I 21 n' 7/;1/1 z From /' ('"'-I /1/1 .... lSu T. p,,-

!r I 110m No. fllili'T" ... "0m T. I P' .....

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~ HU tlMl No. (DOi07Tfmo !Tram " IP'-

e "4 . ~" i,.,,- ~

"em No. ~,mo "om , . P,,,,,,,

Page 24: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 /636\477-6600 x3525

I ncident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Lieutenant Rick Gerger Division: FIELD OPERATIONS I PATROL

Date & Time 02/27/2012 13:57

SUPP #6

2012·3605 Harassment Lt. RH Gerger Detective Supplement RCCEEG Report

Sir,

Narrative Description SUPP #6 02/28/12 A 245

Entered by ~

Lieutenant Rick Gerger Closed Narrative

Reylewed by Lieutenant Rick Gerger

Last Edit Date

03/08/2012

In regards to the original report, I would like to add the following information as related thereto:

On Monday, February 27, 2012, Det. Jackson of the Cyber Crime Unit provided me with a copy of the forensic analysis report that he conducted on the computer seized from Bedian's office as previously reported .

The report indicates that the Missouri Ethics Commission document in question was not authored on Bedian's computer.

Det. Jackson's report is attached.

Respectfully,

Lt. RH Gerger #180

Attachments: Copy of RCCEEG report

Signature - Reporting Officer Signature ~ Reviewing Officer

Incident Number: 2012000003605 Page 12 of 16 PIFormSingle 07122/11

Page 25: ELLIOTT Sunshine Request

Type of Incident

St. Charles County Sheriffs Department

101 Shc:nIT Dierker 0 .. O'FALLON. MO 63366

Offense / Incident Report

Repon Date 0212412012 1013 ASSIST OTHER AGENCY - ST PETERS PO

Complaint No. 12-0944

Occurred on

Incident Location

Street Address 101 SUERJFF DIERKER CT

Sector 5

Neighborhood

Precinct 1

Dispatch Information

to

City OFALLON

Geo Ward 34

Jurisdiction

Received Date I Time Call Received Via Dispatched Drlle f Time Call Dispatched As

Siaic MO Latitude

Longitude

1 ~ - 0 3 6 0 5 :;~pptl!J

ase $Iatus

EXCEPT. CLEAR

Zip Code 63366

Primary Location

Secondary Location

02/24120121013 ASSIST OUTSIl)E AGENCY / ST PETERS PO

Arrived Date I Time

Officers

Depaned Dale I Time Offense Category MISC

TTY Rer.N TeleType Operator

10 Name Role Primary Arrived Scene Depaned Scene -C.·9Z·--··-······· JACKS·ON. PATRi·c,,-······--··REPORilN<;···-··-"0---·.··--··----·.--.-.. --... -.-.-.--.... -.-.-----

Offenses Charge Stale Statute State Charge Code Category ......... _ .. ~~~~.:~.~'!2.~:~ ......... _.~_:.~~.I.E?~.:. ____ .!.~~~.~i.:ti?..!!. __ .... _ .... ___ ...... _.!r.peIC~.~~ ___ ._ ....... __ ._ ........ _____ ._ ... _._._._._. ____ .... _ .... ___ ._. ASSIST OTIlER AGENCY - ST PETERS PO

ASSIST Ol"TSIDE AGENCY/COMPUTER FORENSICS

N/A

Modus Operandi

Possible/Probable Mptivatjo! Offender Suspected pC {Ising Chemica! I lnccodiary Agent

Point pf Entry Method of Entry

ReportiD& Party I Complaloaat· Entity

Name SHERIFFS DEPT

Addresses

Type BUSINESS

Characteristics pf Fotry

MISC

MISC

Special Skjlls Weather Conditipns

Malicious Mjsch icfE"'ems

.!)'.P.~ ..... _. ___ .. _ .. _ ...... ~~~~~ ._ .......... _._ .. _ .... _ ...... ___ ...... __ .. _ .... ___ ..... __ ~~~L._ ....... __ ..... _ .. __ .... _ .... ~!~~.~ ......... ~.i.p. .~?rl..:. ................ E~~~I2'_ ........ _ ........ .

Phone Numbers Email Addresses

... rXJ1.< ___ •. _ •• ___ .. !..hon~_ .. _ .. ___ . __ .. ~xvr.~ .. ____ ..... ____ .. ___ .__ _.:D.P.e_ .... __ ...... ....E.'!!~~. Add~.~ ___ .. ____ •.•.•. _. __ ....... __

Reporting Officer CI92 JACKSON, PATRICK

PaRe or s "'im,d 02124/20121030

Approving Officer

(Cover Pages Only)

01994 ·lOll. lnfotmllloon Tec:lInoIosiet, III( http /lwwwiliuul:om

Page 26: ELLIOTT Sunshine Request

Rcpon Date 0212412012 10 13

Conuctl

Type of Incident

St. Charles County Sherifrs Department

101 Shenff Dierker CI .. Q'J·ALLON. MO 63366

Offense 1 Incident Report

ASSIST OTHER AGENCY - ST PETERS PO Complamt No 12-0944

12-03605

Case Status EXCEPT. CLEAR

~~T.~. ___ ...... __ ........ _ .... _ ... _ ... __ .. __ .. _ .. _ .. _~':.~at i~~!p"' .... __ .. __ ._ ...... ~':~C ___ .. ___ ...... _ ... _ .... ~_:.~ ..... ____ '?9._~_ .. ___ ._ .. _._ .. __ .. __ ._._ .. ___ . __

Addresses

.!7.P.~._ ........ ____ .. ______ ~~~~~~!.~~.~:~.~ .. __ ........ __ .... __ .... ___ ..... _ _ <:~~~_ ..... _ .... _ ......... __ .. _ .. _ .. _ ..... __ ~~_.~!P_ C~.:_. __ . __ ._~oun.~2' .. _ ... _. ___ .. _

Phone Numbers Email Addresses

.. .!~. __ .... _ .. __ .. Y-~_~~._._ .. _ .. _ .. _ .... _ .. __ ~~.'!.~~~ .. _._ .. _ ... ___ ....... _........... . .. !.~ __ ..... ___ .. ___ .... Em_a2! .. ~.~!~~~ ___ ..... _ ..... ____ .. ____ .. _._. __

Statement:

ReportJ. Party I COll1plalaaat

Name (Last. First Middle Suffix) Race Sex DOB Age Juvenile SSN Moniker

Addreucs

.~.?:?~ .... _._ ........ _ ............ _~.~~::~~~.~.~.~ .............. _ .. ___ ... _ ...... _ ... _ ............ _~~~t_._ ...................... __ ........ __ ........ ~~~~~_ ...... ~~?.E~: ........ _. __ ... ~~~~~'2' ....... _ ........ _ .. . Phone Numbers

.. }l.P.':._ ......... __ . ___ ._ .• _r..h.o.n ...... _____ ._ ....... ~~P.!.N. ___ ...... __ .. _._. __ .... __ Drivers License Type State Expires Restrictions

Statement I Notes:

Offense Narrttive

Case # 2012-3605 Harassmenl Detective Jackson DSN 192 Forensic Examination

Email Addrt!lSts

_.r~_._. ___ .. __ . I'.~!!..A..d.d."'~~ .. ___ ...... _ ...... __ . __ ..... ___ ..... . Marital Status Resident Status Ethnicity Language

On 02/22/2012, pursuant to the owners consent, I created a forensic image of a hard drive from a computer seized from SI. Pelers City Hall, #1 SI. Pelers City Centre Blvd. SI. Peters, MO 63376 during an invesligation of a harassment.

The system is described as follows:

PCI

Reponing Officer C192 JACKSON, PATRICK

P .. e 2 a 5 P".led 02124120121030

Approving Officer

(Cover Pages Only)

o 1994 • 20 11, Illrormalion Ttchnololls. Inc hnp 1/www,huM!COIn

Page 27: ELLIOTT Sunshine Request

Type: of Incldenl

St. Charles County Sheriffs Department

101 Shenn'Dierker Ct. . D·FALLON. MO 63366

Offense / Incident Report

Repan. Date 02/2412012 1013 ASSIST OTHER AGENCY - ST PETERS PO

Conlplaim No. 12-0944

Make HP Desktop SIN MXL0482BDB

[ removed the hard drive from the system and it is described as:

PCI HDI Seagate 160GB Hard Drive

- with SAT A (Serial Advanced Technology Attachment) Connecti on Model # ST3160318AS SIN 9VYB3CFY Product of Thailand Date 11187

1~-03605

Case Status EXCEPT. CLEA R

After I removed the hard drive from the system and photographed it, I labeled it with my initials, DSN, Case # and unique # PC I HD I. I attached the hard drive to a forensic computer through an internal Tableau Write Blocking Device. The write blocking device allows data to be read from the attached drive but prevents data from being written to or altered on the attached drive.

I used FTK Imager 3.0.0.1442 to acquire a forensic image of the hard drive. A forensic image is a bit-by-bit copy of the attached media. The image contains the drive's raw data, checksums, and an MD5 has to verify the accuracy of the image. An MD5 hash is a 128 bit fixed length Message Digest value created using an algorithm. I verified the forensic image was data-duplicate of the original drive based on the matching MD5 hash values.

PC I HD I Forensic Findings

PC I contained one hard drive. The hard drive was connected to the motherboard through an SAT A (Serial Advanced Technology Attachment) Connection. The hard drive contained one 149GB partition formatted with the NTFS file system. The partition is not named and contains the working operating system.

The partition contains the Microsoft Windows XP Operating System. The last service pack is "Service Pack 3." The registered owner is "City ofSt. Peters". The install date of the operating system is: (UTC) Mon Jan 03 16: 15:542011 - (Local) Mon Jan 03 10:15:5420 11.

The reported time zone is set to Central Standard Time. The system reports the active time bias is -6:00 hours offset from GMT which means the system is observing Central Daylight Time. This is consistent with the time zone when the system was seized.

Reporting Officer C I 92 JACKSON, PATRICK

Pa.. 3 ci 5 P,io"d 02/24/2012 1030

Approving Officer

(Cover Pages Only)

o 1994 · lOII, tnforma:oOr'I TedlnolOSIe" Inc hnp flwwwiuu'-lOOlll

Page 28: ELLIOTT Sunshine Request

Report Date 02/24/2012 1013

Type of Incident

St. Charles County Sheriffs Department

101 ShenITOierkcr C! . O'FALLON. MO 63366

Offense 1 Incident Report

ASSIST OTHER AGENCY - ST PETERS PD Complaint No. 12-0944

Case Status EXCEPT. CLEAR

I searched the system for PDF files and located several documents. The document related to this case is titled davis_mec_complaint.pdf. I did not locate it on the drive so I performed a data carve for deleted files and still did not locate any artifacts of this file.

I downloaded this document from the source website http://www.cynthiadavis.netlPDFs/davis_mec_complaint.net. According to the properties of the document it was created using Adobe Acrobat 8.3 and was created by Lisa Bedian. The computer I used to download this file had Adobe Acrobat X and I was able to manipulate the properties to change the created by information. To verify this was consistent with Acrobat 8.3, I obtained a copy from the City of St. Peters. I installed thi s version to a forensic computer and created a new PDF document. I saved the test document and then confirmed I was able to manipulate the properties. I then opened the suspect document and changed the author to 192 and saved. This saved the changes in the properties. [ opened a second time and changed author to Patrick and saved the document. This saved the changes in the properties also. I opened it using Adobe Reader and the properties cannot be changed with this application.

I then used EnCase v6.19.3 to open the file davis_mec_complaint.pdf. 1 viewed the file in the Hex viewer and was able to show the document kept track of the changes, showing the document was originally created with the following properties:

[[(000000) IAuthor (Lisa Bedian) ICreationDate (D:20 111111 091909-06'00') ICreator (Adobe Acrobat 8.3 Combine Files IModDate (D:20[ 11111093846+06'00')

)

After I changed the author to "192" the properties show the modification date and time with the new author as:

«ICreationDate(D:20 111111 091909-06'00')1 Author( 192)/Creator(Adobe Acrobat 8.3 Combine Files )/Producer(Adobe Acrobat 8.3 [[[0

00000)/ModDate(D:20 120224094833-06'00'»

After I changed the author to "Patrick" the properties show the modification date and time with the new author as:

«IAuthor(Patrick)/CreationDate(D:201 11 I I 1091909-06'00')/Creator(Adobe Acrobat 8.3 Combine Files )/ModDate(D:20 120224095027 -06'00')/Producer(Adobe Acrobat 8.3

[[(000000»

Reporting Officer CI92 JACKSON, PATRlCK

P.o. 401' 5 P,,"lCd 02/2412012 1030

Approving Officer

(Cover Paaes Only)

C 1994 • 2011, tnformaliOll Tccllnolo&!tl. Inc hup IlwwwlIN.com

Page 29: ELLIOTT Sunshine Request

Report Dale 02124120121013

Type of Incident

St. Charles County Sheriffs Department

101 ShenfTDlcrkcr Ct., O'FALLON. r-.1Q 63366

Offense / Incident Report

ASSIST OTHER AGENCY - ST PETERS PO Complaint No

12-0944

This information has been forwarded to the investigator.

Nothing further.

Rcpo"ingOfficcr CI92 JACKSON, PATRICK

PaRe 5 of 5 J)rinted 02124/20 12 1030

Approving Officer

(Co\'er Pages Onl}')

Case StaluS EXCEPT. CLEAR

0199<1.2011, InlOrmatlon Teelloololliu,lnc tUtp Ilwww,liuM tOm

Page 30: ELLIOTT Sunshine Request

Report Date

02124/2012

Property List

Item Description PCI liP D£SKTOI'

Make liP

Entry Type DIGITAL EVJOE~

Recovered

o

St. Charles County Sheriffs Department

101 SheriffDicrkec Ct., O'FALLON. MO 63366

Property Summary Report

Type of InCIdent

ASSIST OTHER AGENCY - ST PETERS PO

Complaint No

12-0944

Model SIN MXL04828AB

Color

Property Status Prop. Category/Dese. UCR 1 NIBRS Category COM PUTE R ANA

Recovered Date Quantity o

Recovered Value

Quantity 1.00

Sil.c

Disposition

Placed in Evidence On Evidence location

Notes

Item Description PCIHDI SEA GATE 160GB HARD DRIVE

Make SEAGATE

Model STJI60JI8AS

SIN 9VVBJCFY

Color

Quantity 1.00

Si7.C 160

Entry Type DIGITAL EVII)E~

Property Status Prop. Category/Desc. UCR I NIBRS Category

Recovered

o COMl'liTER ANA

Recovered Dale Quantity o

))Iaced in Evidence On Evidence Location

Notes

Reporting Officer CI92 JACKSON,PATRICK

Pa~e of

Recovered Value

Prooerty Tota!

Number orlme Items 2

Disposi tion

Totalltem Value 0.00

/ /

Approving Officcr

(Cover POKCS Only)

PnnICd 02124/2012 1030

12-03605

Case Status

EXCEPT, C LEAR

Item Value

Owner Applied Marks

Owner

Item Value

Owner Applied Marks

Owner

Tota! Recovered Value 0,00

/ /

0 1994 · 2011, III(OfIII.uon TfChnolollln. In( hup 11www .. II ... com

Page 31: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: Apri l 10, 2012 Printed By: tlwilkins

Narrative by : Patolman Douglas Zlegemeler Division: FIELD OPERATIONS I INVESTIGATIONS

Date & Time 03/09/201 2 14:41

SUPP#7

2012-3605 Harassment Lt. RH Gerger Detective Supplement Interview - Bedian

Sir,

Narrat ive Descrjption

SUPP #7 03/09/12 A 245 Entered by ~

Lieutenant Rick Gerger Closed Narrative

In reference to the original report, I would like to add the following information as related thereto:

Reviewed by Lieutenant Rick Gerger

Last Edit Date

03/16/201 2

On Monday, March 5, 201 2, at approximately 1 t 30 hours I had the occasion to speak to the victim, Bedian, in my office at the St. Peters Justice Center. I inquired if Bedian had any previous negative contacts with Ell iot which woulctmotivate him to put her name on the ethics complaint as described in the original report. Bedian explained that there were numerous occasions wherein she and Elliot had disagreements and she felt that Elliot's actions were meant to get her terminated from her employment . I requested that Bedian provide me written documentation detailing her negative contacts with Elliot.

On March 8, 201 2, I met Bedian in my office and she provided a detailed written statement. According to Bedian , her negative contacts with Elliot began in September 2009 when he made some disparaging remarks about her to a member of the media. During that same time period the two had a difference of opinion concerning a column Elliot attempted to have published in a local newsletter.

On June 23, 2011 , Bedian alieged that Ell iot ran her off the roadway while she operated her vehicle in the area of Lakeside 370 and Truman Rd.

In July 2011 , Bedian stated there were numerous negative contacts with Elliot concerning a video taping of a local access cable production. Apparently there were scheduling conflicts and lormat issues with which did not please Ell iot that led to a conflict with Bedian and at least one member of Bedian's staff.

During the Fall of 2011 there were a couple of events that Bedian deemed as negative contacts with Elliot. Bedian said she managed an event called Celebrate St. Peters to which Elliot allegedly sent out a negative and sarcastic e-mail to the Mayor and Board; in reading the e-mail it is apparent that Elliot had ideas to improve the event which were apparently received as negative feedback by Bedian.

On another occasion in the Fall of 2011, during a Board of Alderman meeting, Elliot requested Bedian's assistance in repairing his computer monitor used during the meeting . Knowing that she does not work for Information Technology department, Bedian perceived Elliot's request as a manner in which to make her look insubordinate .

Bedian's statement and supporting documentation is attached to this report.

Nothing further.

Respectfully,

Lt. RH Gerger #180

Attachments: Bedian statement

Signature· Reporting Officer

Incident Number: 2012000003605 Page 13 of 16

Signature - Reviewing Officer

PIFormSingle 07/22111

Page 32: ELLIOTT Sunshine Request

Alderman Gus Elliott Chronologv Lisa Badian

As Director of Communications for the City of St. Peters, my department and I regularly interact with City elected officials to routinely provide support for their columns for City publications and website (we provide assistance i.e. "ghost-writing" columns, speeches and meeting presentations), their appearances on the City's cable television channel (Ward Update program, holiday greetings, etc.), City-sponsored special events, etc.

Our interactions with Alderman Elliott were quite cordial and professional after his election in April, 2007 until 2009.

The following list details the most significant incidents I can recall involving myself and Alderman Elliott. Most of this is first-hand information; a couple of items were related to me by other individuals. NOTE: there are many other minor incidents of his unprofessional, sometimes bizarre behavior, but I don't have any emails or other items to demonstrate they happened. These include sarcastic comments about my department or me during Board of Aldermen meetings, comments to my staff, etc. From 2009 until the present, these incidents continue.

September 2009

Attachment 1 Alderman Gus Elliot began his history of showing hostility directly to me and disparaging me to reporters, City staff and elected officials shortly after a clerical error by Janet Fischer, who was City Administrator Bill Charnisky's executive secretary in September 2009.

Mayor Len Pagano and City Administrator Charnisky directed me to compose a confidential letter from the Mayor to Alderman Elliott, detailing specific incidents and situations involving Alderman Elliott and various members of City staff, residents and outside entities. Per the Mayor's specific direction, I composed a draft letter for their review and subsequent review by the City's outside legal counsel. Following this review the revised draft letter was given to Ms. Fischer to be placed on City letterhead and placed into the official City file . The letter was given by the Mayor to Alderman Elliott at an executive session on September 10, 2009. On September 11 , 2009, it was brought to my attention that instead of Ms. Fischer's initials being placed as the secretary preparing the document on the bottom of the letter, my initials (I b) were placed as the secretary preparing the document. Following receipt of this letter, Alderman Elliott on several occasions made disparaging remarks about me and this letter to Mid Rivers Newsmagazine reporter Jeannie Siebert, including comments about me being the person who was really running Mayor Pagano and telling him what to do and to cause problems for Aldermen Elliott.

Attachment 2 (series of emails) During this same time period, another problem with him involved a column he had written for a regular City segment in the Community News newspaper. On September 15, 2009 he submitted a column regarding President Barack Obama's health care initiative to us to be forwarded to the Community News. On September 16, 2009, I responded that the Community News tries to avoid politically-charged issues and that they had asked him to "provide a column for their use that more appropriately fits their publication format." I also offered that he could instead use his original column in the City's UpFront newsletter.

Page 33: ELLIOTT Sunshine Request

12- 3605 2

June 23. 2011 At about 9:15 a.m., I left Lakeside 370 Park and was driving on Truman Blvd. to the Cable Operations Building on Mexico Road. When I was coming over the railroad overpass heading toward the intersection of Ehlmann Road, Alderman Elliott came up suddenly behind my vehicle and sped up, cut out from behind me and cut me off in front of my vehicle, forcing me to nun off the road a couple of feet or he was going to clip the front of my car. At the time, I tried to write it off to his poor driving. However, I drive a Ford Escape with a Missouri Tigers vanity license plate # HYE-TGR. It's easily identifiable. He drives a Lincoln Continental with a Missouri Science and Technology vanity license plate # GUS-EE. It's easily identifiable. I reported this incident to my supervisor, Assistant City Administrator Tim Wilkinson, City Administrator Charnisky and Police-Chief Tom Bishop.

That night, there was a Board of Aldermen work session and meeting. Alderman Elliott was not present for the meeting, reportedly because of a family vacation.

July 2011 This incident begins with our staff trying to schedule Alderman Elliott to appear on the regular edition of the Ward Update program featuring the aldermen from Ward 3. Between July 7 and August 5th

, our staff (including me) sent Alderman Elliott at least seven emails (copies attached as Attachment 3) and left numerous voice mails for him attempting to schedule the video taping of his interview for the show.

After sending him three emails trying to schedule his interview, he finally responded wanting to tape his interview with a different show format-as a panel discussion--with Alderman Tommy Roberts rather than separate individual segments. He copied Alderman Roberts and me with his request . I contacted Alderman Roberts directly regarding Alderman Elliott's request and Alderman Roberts told me he preferred to do the separate segments and that he would contact Alderman Elliott directlv with his feelings on this issue. We then continued to attempt to schedule Alderman Elliott's interview with no success.

At the Board of Aldermen meeting on July 28, a City Cable operations staff member who reports to me, Whitney Roundcount, tried to ask Aldermen Elliott about his schedule. This resulted in a hostile confrontation between the Alderman and the City staff member in front of other elected officials and City staff members. (An email detailing this confrontation is included in Attachment 3.)

The next day, July 29, after consulting with my supervisor, Tim Wilkinson, I personally emailed Alderman Elliott about the situation and apologized to him. I explained we may have been operating under a false assumption regarding a conversation between he and Alderman Roberts about the taping of the program (as referred to in the paragraph above). I again asked Alderman Elliott to schedule the taping of the program. He did not respond.

On August 11, during the intermission between the Board of Aldermen Work Session and Meeting, Tim Wilkinson tried to approach Aldenman Elliott about the situation and expressed the desire to try to get this worked out and have him record his segment for the program. Alderman Elliott responded that he was very mad at Lisa Bedian. Wilkinson reiterated our apology if there was a misunderstanding and our diligence in trying to get him to schedule his appearance on the Ward Update program for more than a month and that we would proceed with airing the program without his segment if he wouldn't be available for taping the program in the next ten days. He never responded and we aired the program without his segment.

Page 34: ELLIOTT Sunshine Request

At the same time, commencing in July, Alderman Elliott began doing something bizarre during the Board of Aldermen meeting broadcasts. He would raise up his computer monitor at his position on the dais and lower his chair so that he would not be visible on camera, nor could you see him from the general public seating area in the Aldermanic chamber. (Attachment 4) This behavior continued through the December 2011 meeting. I believe it stopped at that meeting because his wife and daughters were there for a "Pledge of Allegiance" presentation by his daughter's Girl Scout troup.

Fall 2011 (Attachment 5)

Several other examples of his hostile behavior toward me and my department continued in the fall of 2011 and in 2012:

• August 18, the Mayor's secretary sent out a request to all members of the board regarding the need for ex1ra print copies of the City's UpFront online newsletter. (My department spends a great deal of time and cily resources printing out ex1ra copies. Alderman Elliott had in Spring 2011 requested (I believe) thirty ex1ra copies each month). Ms. Smith received responses from everyone except Alderman Elliott. In her email to us about the situation, Ms. Smith said there were five months of UpFront copies stacked in Alderman Elliott's mailbox at City hall.

• September, 2011 - Celebrate SI. Peters. Alderman Elliott sent out a negative, sarcastic email to the Mayor, Board, City Administrator and my supervisor, regarding the event, which is managed by me and a City Events Specialist who reports to me.

• November 18, 2011 - Holiday Tree Lighting. Alderman Elliott told Alderman Roberts that the reason Terri Violet (Alderman Roberts' Ward 3 campaign opponent) was a volunteer at so many highly-visible City events like the tree lighting and veterans' events was that Lisa Bedian was making those arrangements specifically for Ms. Violet so that she would have positive interactions with City voters.

• December 2011 and January 2012 (After December g. 2011. I was aware of the electronic forgery of my name on the alleged Missouri Ethics Complaint Document. its widespread distribution via email. CD's being distributed to City elected officials, residents. members of the media and others. and on Rep. Cynthia Davis' website. I suspected Alderman Elliott was behind the attempt to connect me with this document.>

December 15, 2011 - Board of Aldermen meeting 7:50 p.m. Alderman Elliott sends me the following tex1 message during the meeting: "My monitor is dead. Can we get somebody here to help? Thanks."

NOTE: I am not involved with Information Technology (IT) services for the City and do not manage that function. Alderman Elliott is well aware of this not being my responsibility.

When I saw the tex1 message, I believed this might be another way he was trying to set me up by trying to make me look insubordinate by not responding to his request for help with his computer during the meeting.

Page 35: ELLIOTT Sunshine Request

Attachment 1

Page 36: ELLIOTT Sunshine Request

... ·_---__ ~~ ........... ----~e----.. ........ ~1-2 -_3 6'0 5

September 10. 2009

Aidennnn Gus [llioll 4016 BellvlIo Dril'e St. Peters, Missollri (,)3 76

Deat' Aldel'",an Ul ioll:

LEN PAGANO MAYOR (636) 477-6600. "~T.100

Several il1ciden ts and situations have COIlli.! to my allcntion during the last sc\'cml weeks that compel me 10 communicate wilh ~ Uti, in writing, so that you hm c a ckar lIl1dcrsl;.mding nbout my POSili<lfl un these math; rs.

V{hUe I will nOI rldau: in <I<.:lail each spcci lic incident, they call be grouped ill sc\'cml topics that beJieve YOll need to clt.:nrly understand and ac.:l upon immediately.

Specifically. these areas include: • GCl1eml powers ofa Il1cmbcl' of the St. Peters Board ofAldcllllen • Gen~ml rcsJxmsibilitics ora memherol'thc Sl. Pch.:: rs Board ofl\ldl!l"mCll • Leg~\lli~lb i ljtics

I will addn.:ss each tupic separately.

General pU\\crs of J 1ll~lnbcr of the St. P~t,,:·rsllQi.u·d of Allh':J'Il1cn Individual Board Ilh':ll1bcrs arc Huthorizi,,!(.\ to:

o ::,ponsoJ' ordinunccs uno bills o Propose ileITIS for the budget o Recommt.:nd changes luI' the budget o Vott.: on ~llI l11allCrs InwfuJJy PI'l~scl1tL'd to the Board for its cOII:jidl..'J'[\tion

Individual Board members SllOlI ld not be. or are prohihilcd by 1::1\\ from: o Directing Cil) stalf uClivith.:s o Parlicirating. in personnel isslIcs unlcss permitted by state statl1te or city ordinances

General rc::.nonsibilitics orn membc,,;r uflhc St. Peters Board of Aldermen: o F\ nluale pllblic policy i:Uld PJ'O brl'l:uns orlh!.; CilY o Rl'prl'~cnl the Board as a liaison to assigned City Boards. COllunissioll!) ~1Il(,lh)r

C01111l1illCCS

City of St Peters P.O. Box 9 One St Peters Centre Blvd. St. Peters. Missouri 63376 • 636.477.6600 • slpetersmo.llet

Page 37: ELLIOTT Sunshine Request

12- . 3605 Aldemlan Gus Elliott September 10, 2009 Page 2

o Present cOJlstituent isslies and concerns 10 City stafTfol' resolution or to the Mayor und Board for consideration

o SUppOlt the ordinances and policies of the City

Individual Board members should not be, or arc prohibited by law from: o Making conull itmenlS (to olltside entities, City Boards Or residents) for resources or

support on behalfofthe City without the approval of the Board of Aldel1l1en and Mayor

o Representing Ulemselves as a spokesperson for the BOA or the Ci ty or implying such J'l!pl'cscntalion to any organization, civic group, business, county govenullcl1l agellcy or stale or federa l government agency Or elected official , withoul the approval or lhc membel~ or the BOA

Legal liabilities You may knowingly or tulknowingly place the City and/or yourself in potential legal jeopardy because or such actions for example by:

a 11u'eatcning to lire a member of the City stafT or demanding the firing of City stoff'

a Involving yourse lr as an Aldenmm in a policc/judicialmat1er o Violating existing security policies at City Hall and potentially jeopardizing

Ihe salety of City staff and facilities by bringing unauthorized visitors into City oflice areas. The potential liability here was demonstrated by the tragic events in Kirkwood ](Ist year.

o Implying or creating the perception that you are speaking 01' doing research on behalrurthe City orst. Peters. It has been brought to my attention that on Olle occilsion, some people have been left with the impression by your ,1ctions and comments that you are speaking on behalf of the Board Or the City.

I want to be celtain you understand that these potelllial liability issues could impact the City and could also impact you personally. While it is true that there is a level of inmlUnity for some things elected officials say and do during the course or an ufliciaJ meeting. once you leave that meeting, you can be held personally n::.;pol1sibll:: for \,,!lal you sa)' and the llctions you take. Lel mt: state this agr!in: when you take specific actions or makt! statemen ts outside those meetings and--outside the scope of your responsibility--you may hav\;: no protection and you may do so at your own personal/legal peli!.

In summary, I believe some of your recent reported actions are inappropdate as <U1 alderman and may have potentially damaging results bou, to the City of St. Peters and to youl~elf. Because of the potential legal and persOIUlcl issues involved, I consider this as fm executive session matler. and therefore it is to be kept in confidence by all involved. IIo\I,,1evcr, if you continue this behavior, I may have no choice but 10 consider other courses of action, including public ccnsurc.

Aldennan Elliott. I strongly urge you to rdlccl 011 the inlbnllaliOIl I ]]'1\'C prc~ented you in this leiter, reconsider your past conduct ru1d refoclls your future actiolls ns a member or the Doard of Aldell11cn. I have a particularly personal interest in YOllr success and pt'rlonnancc because you represent th\;: residents r was fortllnate 10 represent for more than 24 years. I carc deeply about them and our t:lltirc City, and) J believe your colleagues on the Board join me in recommending yOli reflect on these iSS~ICS

Page 38: ELLIOTT Sunshine Request

Alderman Gus Elliott September 10, 2009 Page 3

12 - 3605

and your impact 011 the image of Our City. I hope that you make fundamental changes in lhe way you represent yourself, your ward and your perfonnance as a member of the Board of Aldcnnen.

~c?-Len Pagano -I ~/ Mayor V · lib

Page 39: ELLIOTT Sunshine Request

12 - 3605

Page 40: ELLIOTT Sunshine Request

12", - 3605

Attachment 2

Page 41: ELLIOTT Sunshine Request

of4

12- - 3605 From: [email protected] on behalf of Gus El liott [[email protected]]

Thu rsday, September 17,200910:25 AM Sent: To: Lisa Bedian Cc: Ca role Stangle Subject: Re: FW: Your Turn for Community News Column Coming Soon

Ms. Bedian:

TIlank you for forwarding my proposed Community News column back to me. I have made the necessary edits to retool it for use as an UpFront column. Please find it included in the body of this email below.

Recently, health care has taken the center stage in the national dialogue, as well it should. I applaud President Obama and Congress -- on both sides of the issue -- for taking on this important issue at this time in our history. However, it seems to me that other fundamental human rights have found themselves relegated to a conversational netherworld of B-Iist topics.

One or those rights that I believe still bea rs discussing is the right to own property -- specifically the right not to have your property taken from you without a compelling justification. Although an improved municipal balance sheet or a private entity's tidy profit have been successfully argued to justify eminent domain, the bottom line is: if profit is to be had from the sa le of land, it should be had by the owner - and only if the owner freely chooses to sell it. That's just as plain and American as Mom and Apple Pie.

Mi souri Citizens for Property Rights (www.mo-cpr.org). an organization endorsed by both the ultra-conservative Heritage Foundation and Rev. Larry Rice's liberal New Life Evange listic Center, has proposed an amendment to the Missouri Const itution to protect that fundamental right. This proposed amendment would restrict the use of eminent domain by:

Allowing only government entities to use eminent domain; Prohibiting its use for private purposes. with certain exceptions for utilities, requiring that the

intended public use be declared at the time of the taking; and Permitting the original owners to repurchase the property if it is not so used within five years or if

the property is offered to a private entity within 20 years.

Eminently reasonable as these protections are, the Missouri Municipal League, a lobbying organization for Missouri municipalities to which our city pays dues, has come out against them. They have sued to have the ballot language changed, a su it which the MML has lost and now has tied up in appeals.

If you find this concerning, contact Mayor Pagano and your aldermen. Tell them how you feel. TeU them to break ranks with the MML on this issue. Te ll them you want your property rights protected.

I have a discussion item planned for the 24SEP09 work session on tlus topic. After that discussion, I may need to edit the final two paragraphs once more to laud the mayor and my colleagues for their commitment to protecting the property rights of lhose who live and do business in St. Peters.

3/5/20124:22 PM

Page 42: ELLIOTT Sunshine Request

of2

From: Sent: To: Subject:

Ms. Bedian:

12 [email protected] on behalf of Gus Elliott [[email protected]] Wednesday, September 16, 2009 5:18 PM Lisa Bedian Re: Column

360 5

Please forgive my having missed the mark with regards to the contcnt of this co lumn. Certain ly, your offer to use it as my monthly column in the UpFront is a welcome one. I would, of course, appreciate the opportunity to edit it once more beforehand.

As for my Community News column, I would respectfully request your assistance in selecting a topic and authoring the piece, as was olTered in the original announcement of this program.

Warm regards,

Gus Elliott Alderman - Ward 3, St. Peters, MO [email protected] Direct Cell Phone: (636) 866-9643 http://www.StPetersWard3.col11

Citizen Action Center: (636) 477-6600 x225

On Wed, Sep 16,2009 at 4:58 PM, Lisa Bedian <lbedian@stpete rsl11o. net> wrote:

Hello Alderman Elliott:

Thank you for forwarding your column yesterday for the Community News.

When the Community News first approached us offering weekly columns for our elected officials, their intention was to give us the opportunity to promote City of St. Peters special events and programs for our businesses and residents. As you may be aware, the Community News is a "good news" oriented publication with information about events, programs, organization meetings. It's the kind of positive in formation about the community that is missing from other publications. Over the last few years, both the Post-Dispatch and the Suburban Journals have cut back the space they used to dedicate to promote events, education programs, calendar of event items, organization meetings, etc. Since that happened, the Community News has stepped up I eir presence in St. Peters and across St. Charles County to offer their readers that information. They provide a valuable service to our area and I believe that is why their readership, both in print copies and online, has grown over the last year or so.

You have hopefully noticed the Community News does not cover City Council, Board of Aldermen or other types of municipal meetings. They cover ground-breakings, ribbon-cuttings, miscellaneous Chamber of Commerce events and special events like our Veterans' ceremonies. They don't cover "political issues" or "hard" news of that type. They avoid politically-charged issues and do not take

3/5/20121:17 PI/

Page 43: ELLIOTT Sunshine Request

of2

12 - 3605 sides, endorse candidates, ballot issues, etc. There are other publications in our region that are dedicated to that purpose.

Forthat reason, t he Community News is respectfully aski ng you to provide a column fo r their use that more appropriately tits thei r publication format. After speaking with our contact at the paper, it was suggested we contact you in the hopes of getti ng another submission for thi s week orto ask you to submit anot her column for next week's issue.

The information in your column would be an excellent column for you to use in the City's UpFront newsletter. Would you like for us to use this as your column for the November, 2009 newsletter? We are currently in the process of putting that edition together.

Perhaps when we submitted this opportunity to our elected officials in June, 2009, we could have been more specific about parameters for the columns printed in the Community News. We may have made the assumption that, after our forwarding the Community News articles each week to our elected officials, it was understood the type offormat and information included in this weekly publication. If we were not clear enough at that time, I apologize for any misunderstanding.

In the nearly three months since our elected officials have had columns printed in the Community News, there has never been an issue with the content of the columns submitted so that is why we are bringing this up at this time.

Thank you for your consideration. Please contact me regarding your decision.

Take care,

Lisa

Lisa Bedian

Director of Community Relations

City of SI. Peters

636.477.6600 x. 229

3/5/20 121 :17 PM

Page 44: ELLIOTT Sunshine Request

of4

If concerns arise, please don't hesitate to contact me. 12- 3605 Warm regards,

Gus Elliott Alderman - Ward 3, Sl. Peters, MO gus 'u StPetcrsWard3.com Direct Cell Phone: (636) 866-9643 http://www.StPetersWard3 .com

Citizen Action Center: (636) 477-6600 x225

On Wed, Sep 16,2009 at 5:55 PM, Lisa Bedian < Ibedian rtil,s tpetersmo.net> wrote:

Ilcllo Alderman Ellioll:

Here is your original co lumn. Plcase forward any edits to us by September 28. Thanks.

rake carc,

Lisa

From: mc@gus-elliotl,com [mai lto:lI1c@gus-e"iotLcoml On Behalf Of Gus Elliott Sent: Tuesday, September 15 , 200911:01 AM To: Carole Stangle Cc: David Fults; Lisa Bedian Subject: Re: FW: Your Turn for CommWlity News Column Coming Soon

Hi Carole, Dave, and Lisa,

Thanks for the reminder. I a lmost forgol. Here are my 384 words for the Community News:

Recently, health care has taken the center stage in the national dialogue, as well it should. applaud President Obama and Congress -- on both sides of the issue -- for taking it on. However, it seems to me that other fundamental human rights have found themselves relegated to a conversational netherworld ofB-list topics.

One of those rights that I believe still bears discussing is the right to own property -- specifically the right not to have your property taken from you without a compelling justification. Although an improved mWlicipal balance sheet or a private entity's tidy profit have been successfully used to justify eminent domain_ the bottom line is: if profit is to be had from the sale ofland, it should be had by the owner - and only if the owner freely chooses to sell it. That's just as plain and American as Mom and Apple Pie.

3/5/20124:22 PM

Page 45: ELLIOTT Sunshine Request

• V ... 1 ..... 11 IV .

Missouri Citizens for Property Rights (w~'w.mo-c pr.org), an organization endorsed by both the Ileritage Foundation, a conservative think tank, and the New Life Evangelistic Center, Rev. Larry Rice 's liberal mission for the inner city homeless and poor, has proposed an amendment to the Missouri Constitution.

Th is amendment would restrict the use of eminent domain by a llowing only government entities to use eminent domain, prohibiting its use for private purposes, with certain exceptions for util ities, requiring that the intended public use be declared at the time of the tak ing, and permitting the original owners to repurchase the property if it is not so used within five years or if the property is offered to a private entity within 20 years.

Eminently reasonable as these protections are, the Missouri Municipal League, a lobbying organization for cities and towns in Missouri, has come out against them, even going so far as to sue to change the ballot language, a suit which the MML lost and is now appealing. [fyou live in a town or a city, your local governmcnt body may be a member of the MML.

I f you find this as concerning as I do, contact your local elected officials and tell them how you fee l. Ask if your municipality belongs to the MML. [fit does, tell them to break ranks with the MML on this issue. Tell them you want yo ur property rights protected.

Take care,

gus.

Gus Elliott Alderman - Ward 3, SI. Peters, MO gus(cL,Stl'ctcrsWard3.com Direct Cell Phone: (636) 866-9643 htt p://www.StPct~rsWard3.com

Citizen Action Center: (636) 477-6600 x225

On Tue, Sep 15, 2009 at 5:53 AM, Carole Stangle <[email protected]> wrote:

Thi s is just a reminder that today is the deadline to send something to the Community News if you want it in next week (see previous email below for details). Iwill be out today, so if you are planning on submitting a column, please send it to Dave Fults or Lisa Bedian and they will see that it gets to the right place .

Carole Stangle Commlmications/PR Specialist City ofSt. Peters, Missouri 636.477.6600, ext 228

-----Origina l Mcssage-----

3/5120124 :22 PIV

Page 46: ELLIOTT Sunshine Request

of4

From: Carole Stangle Sent: Tue 91812009 12:52 PM To: Gus Elliott Subject: Your Turn for CommlUuty News CoilUlID Coming Soon

Alderman El l iott,

.. . w,,', ., ... . ,... . ..... . , ....... _ ........ .. . ; ........... . ..... .... , , .. u..o ~ •• "" ", . ~",. " .v ......... " .v.

12 - 3605

This is just a reminder that your turn for a column in the CommlUli ty News is coming up SOOIt The column will nUl the week of Sept. 23. I will need your column (300-400 words) no later than Tuesday, Sept. 15, so that I can send it to the CommlUlity News in time to meet their deadline.

Thanks.

Carole Stangle CommunicationslPR Specialist City of SI. Peters, Missouri 636.477.6600, ext 228

315120124:22 PM

Page 47: ELLIOTT Sunshine Request

Attachment 3

Page 48: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: Subject:

Importance:

From: Whitney Roundcount

Whilney Roundcount-Mclver Monday, March 05, 201 2 4:28 PM Lisa Bedian FW: 2011 Season of "Ward Update" featuring Ward 3

High

Sent: Thursday, July 07, 2011 11:31 AM To: Gus Elliott; Tommy Roberts Cc: Lisa Bedian Subject: 2011 Season of "Ward Update" featuring Ward 3 Importance: High

Hello!

12 - 5605

It's time once again to tape SPTV's 'Ward Update" show featuring Ward 3. If you could, please let me know when you would be able to come in for a taping during these times:

Thursday, July 21 - between 9:30 am and 5 pm Friday, July 22 - between 9:30 am and Noon

Monday, July 25 - between 9:30 am and 5 pm Tuesday, July 26 - between 9:30 am and 5 pm Wednesday, July 27 - between 9:30 am and 3 pm

Monday, August 1 - between 9:30 am and 5 pm Tuesday, August 2 - between 1 pm and 5 pm Thursday, August 4 - between 9:30 am and 5 pm

The taping should take approximately 45 minutes to 1 hour. "you have any specific topics you would like to discuss on the show please send them to me before Monday, July 11.

Thanks,

Whitney Roundcount TV Program Development Specialist SPTV SI. Peters TeleVision (636) 477-6600, £)(1. 1666 [email protected]

1

Page 49: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: Subject:

Importance:

From: Whitney Roundcount

Whitney Roundcount-Mclver Monday, March OS, 2012 4:30 PM Lisa Bedian FW: 2011 Season of "Ward Update" featuring Ward 3

High

Sent: Monday, July 11, 2011 5:20 PM To: Gus Elliott Subject: 2011 Season of "Ward Update" featuring Ward 3 Importance: High

Alderman Elliott,

12 - 3 60 5

It's time once again to tape SPTV's 'Ward Update" show featuring Ward 3. If you could, please let me know when you would be able to come in for a taping during these times:

Thursday, July 21 - between 9:30 am and 5 pm Friday, July 22 - between 9:30 am and Noon

Monday, July 25 - between 9:30 am and 5 pm Tuesday, July 26 - between 9:30 am and 5 pm Wednesday, July 27 - between 9:30 am and 11 am

Monday, August 1 - between 9: 30 am and 5 pm Tuesday, August 2 - between 1 pm and 5 pm Thursday, August 4 - between 9:30 am and 5 pm

The taping should take approximately 45 minutes to 1 hour. I am attaching a list of possible questions for your interview, if you would like to add any additional topiCS of discussion please let me know.

Thanks,

Whitney Roundcount TV Program Development SpeCialist SPTV St. Peters Tele Vision (636) 477-6600, Ext. 1666 [email protected]

Interview luestions - Ald. Ell. .

1

Page 50: ELLIOTT Sunshine Request

Lisa Badian

From: Sent: To: Subject:

Importance:

From: Whitney Roundcount

Whitney Roundcount-MclvN Monday, March 05, 20124.31 PM Lisa Bedian FW: 2011 Season of "Ward Update" featuring Ward 3

High

Sent: Wednesday, July 20, 2011 10:22 AM To: Gus Elliott Cc: Lisa Bedian Subject: 2011 Season of "Ward Update" featuring Ward 3 Importance: High

Alderman Elliott,

3605

It's time once again to tape SPTVs 'Ward Update" show featuring Ward 3. If you could, please let me know when you would be able to come in for a taping during these times:

Monday, July 25 - between 9:30 am and 5 pm Tuesday, July 26 - between 9:30 am and 5 pm Wednesday, July 27 - between 9:30 am and 11 am

Monday, August 1 - between 9:30 am and 5 pm Tuesday, August 2 - between 1 pm and 5 pm Thursday, August 4 - between 9:30 am and 5 pm

Tuesday, August 9 - between 9:30 am and 1 pm Wednesday, August 10 - between 9:30 am and 4 pm

The taping should take approximately 45 minutes to 1 hour I am attaching a list of possible questions for your interview, if you would like to add any additional topics of discussion please let me know.

Thanks,

Whitney Roundcount TV Program Development Specialist SPTV St. Peters Tele Vision (636) 477-6600, Ext. 1666 [email protected]

Interview ~uestlons - Ald. Ell ..

Page 51: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: Subject:

Whitney Roundcount-Mclver Monday, March 05, 20124:31 PM Lisa Bedian FW: 2011 Season of "Ward Update" featuring Ward 3

From: [email protected] [mailto:[email protected] On Behalf Of Gus Elliott Sent: Wednesday, July 20, 2011 10:30 AM To: Whitney Roundcount Cc: Lisa Bedian; Tommy Roberts Subject: Re: 2011 Season of "Ward Update" featuring Ward 3

Hi Whi tney,

12- - 3605

Can we do som ething new? Would it be possible to have Tommy and mysel f interviewed together as a team?

Take care,

gus. G us4Us.com On faccbook

Gus Ell iott A lderman - Ward 3 St. Peters, M issouri (636) 866-9643 gus(Q'St Peters Wa "d3,com

On Wed, Ju120, 2011 at 10:22 AM, Whitney Roundcount < \\roundcountlillstpctcrsl11o.nct> wrote:

Alderman Elliott,

It's time once again to tape SPTVs 'Ward Update" show featuring Ward 3. If you could, please let me know when you would be able to come in for a taping during these times:

Monday, July 25 - between 9:30 am and 5 pm

Tuesday, July 26 - between 9:30 am and 5 pm

Wednesday, July 27 - between 9:30 am and 11 am

Monday, August 1 - between 9:30 am and 5 pm

Tuesday, August 2 - between 1 pm and 5 pm

Thursday. August 4 - between 9:30 am and 5 pm

Tuesday, August 9 - between 9:30 am and 1 pm

1

Page 52: ELLIOTT Sunshine Request

12 - 3605 Wednesday, August 10 - between 9:30 am and 4 pm

The taping should take approximately 45 minutes to 1 hour. I am attaching a list of possible questions for your interview, if you would like to add any additional topics of discussion please let me know.

Thanks,

Wh itney R ou ndcou nt

TV Program Development Specialist

SPTV St. Peters TeleVision

(6361477-6600, Ext. 1666

wroundcount@stpetersmo,net

«Interview Questions - Aid , Elliott,doc»

2

Page 53: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: Subject:

Importance:

From: Whitney Roundcount

Whitney Roundcount-Mclver Monday, March 05, 2012 4:31 PM Lisa Bedian FW : 2011 Season of "Ward Update" featuring Ward 3

High

Sent: Tuesday, July 26, 2011 11:44 AM To: Gus Elliott Cc: Lisa Bedran Subject: 2011 Season of "Ward Update" featuring Ward 3 Importance: High

Alderman Elliott,

f 2- 3605

It's time once again to tape SPTV's 'Ward Update" show featuring Ward 3. If you could, please let me know when you would be able to come in for a taping during these times:

Monday, August 1 - between 9:30 am and 5 pm Tuesday, August 2 - between 1 pm and 5 pm Thursday , August 4 - between 9: 30 am and 5 pm

Tuesday, August 9 - between 9:30 am and 1 pm Wednesday, August 10 - between 9:30 am and 4 pm

Monday, August 15 - between 9:30 am and 5 pm Tuesday, August 16 - between 9:30 am and 5 pm Wednesday, August 17 - between 9:30 am and 5 pm

The taping should take approximately 45 minutes to 1 hour. I am attaching a list of possible questions for your interview, if you would like to add any additional topics of discussion please let me know.

Thanks,

Whitney Roundcount TV Program Development Specialist SPTV St. Peters Tele ViSIon (636) 477-6600, Ext. 1666 [email protected]

Interview luesliOrlS • Ald. Ell ..

Page 54: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: Subject:

Importance:

From: Whitney Roundcount

Whitney Roundcount-Mclver Monday, March 05, 201 2 4:32 PM Lisa Bedian FW: 2011 Season of "Ward Update" featuring Ward 3

High

sent: Thursday, July 28, 2011 9:48 PM To: Gus Elliott Cc: Lisa 8edian Subject: 2011 Season of "Ward Update" featuring Ward 3 Importance: High

Alderman Elliott,

12 - 3605

It's time once again to tape SPTV's "Ward Update" show featuring Ward 3. If you could, please let me know when you would be able to come in for a taping during these times :

Thursoay, August 4 - between 1 pm ano 5 pm

Tuesday. August 9 - between 11 am and 1 pm Wednesday August 10 - between 9.30 am and 4 pm

Monday, August 15 - between 9:30 am 2 n d :' ;:" " ", ,,,,,,0"'1., ,, 1\ " ... "", .. it:. 10-."''''., ............ 0·"(1 ............... .

• ... ... .... .... .. '] , .... ';:J"' .... , ,.... .. ......... ' ......... "." '."-' ..... ,.,.

Wednesday August 17 h p PNP ,:.n ~ ')~.;.. ~

[email protected]

... ,,,.. +. . ... .... . '.' '."

Page 55: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: Subject:

From: Whitney Roundcount

Whitney Roundcount-Mclver Monday, March OS, 2012 4:32 PM Lisa Bedian FW: Tonight's Board Meeting Conversation

Sent: Thursday, July 28, 2011 9:05 PM To: Lisa Bedian Subject: Tonight's Board Meeting Conversation

Lisa,

3 60 5

I wanted to let you know what happened tonight in case the conversation is brought up to you by anyone. Right before the Board meeting started, I walked up to the dais to talk to Alderman Elliott about scheduling his segment for Ward Update (as we discussed earlier this evening). I got Alderman Elliott's attention and politely told him that I would be sending another email tonight after the meeting about scheduling his interview for Ward Update. I asked him to please review the dates and send a time back to me before Monday if it was possible. He immediately asked back in a very stern tone "I sent you an email about doing the show with Tommy. Why haven't you answered it?". My immediate response to him was given in a polite tone - "Tommy already came in, so we just need you to schedule a time to do your segment". Immediately he raised his voice significantly and asked once again , "I sent you an email, why haven't you responded yet?" Although I was shocked at his aggression, I still politely answered back "Tommy talked to you about this, Lisa told me it was discussed with you and was all taken care of'.

At this point he got even louder and extremely hostile & belligerent, and leaned towards me while almost shouting "I sent you an email. I expect you to show me the common courtesy of responding to itl". While he was saying this, I noticed that Alderman Bateman was sitting next to him and appeared to be listening in, and although I knew I was within earshot of her and possibly other elected officials and MOT members, I answered back to him very sternly with a raised voice of my own with "I have sent you six or seven different emails, why haven't you given me an answer yet?". Alderman Elliott's blank response (and the fact that Ald. Bateman was still listening) led me to continue with "I have sent you emails since the first part of July. If you don't send me back a time soon that you can come in , we will have to air the show without you on it." I then turned around and walked back into our control room without waiting for a response because the meeting was about to begin.

I asked our crew if anyone had heard it over an open mic and unfortunately they had not. Sergeant Bowman did notice the confrontation from the back of the board room and tried to stop me as I walked out to make sure everything was ok but I didn't answer him because I had to get to my position. He remained in the board chambers after the meeting was over and walked Jason & lout to our cars in the parking lot.

In the 12)1, years I have worked here, I don't think that I have ever been talked to in such a disrespectful manner by an elected official or city staff, and certainly never felt compelled to speak back to them in a raised tone out of frustration . I apologize if it caused a scene in front of any other members of the board or MOT but I feel that my responses to him and the manner in which I gave them were warranted given the situation. As I said I would do, I will send him an updated availability schedule tonight before I leave. I can tell by my sent items folder that I have sent him scheduling requests on July 7, July 11 , July 20 & July 26. I also sent him one around the 14" or 1Slh from my phone while I was out of the office on vacation.

Whitney

Page 56: ELLIOTT Sunshine Request

Lisa Bedian

From: Sent: To: S ubject:

From: Lisa Bedian

Whitney Roundcount-Mclver Monday, March 05, 2012 4:33 PM Lisa Bedian FW: Ward Update Taping

Sent: Friday, July 29, 2011 3:57 PM To: Whitney Roundcount Subject: FW: Ward Update Taping

Whitney:

3605

After discussing this with Tim, here is the response I just sent to Aldermen Elliott about last night's incident. We'll talk more about this on Tuesday when I'm back in the office. Thanks for the email detailing what happened. It was very helpful. I'll keep you posted about any response. Have a great weekend. Lisa

From: Lisa Bedlan Sent: Friday, July 29, 2011 3:55 PM To: Gus Elliott Subject: Ward Update Taping

Alderman Elliott:

Whitney Roundcount talked to me about the interaction she had with you at last night's Board of Aldermen meeting and I thought it might be helpful for me to follow up with you today about your discussion.

After Whitney and I received your July 20,2011 email (cc'd to Aldermen Roberts) regarding your idea about taping your Ward Update segment together with Alderman Roberts, I followed up with Alderman Roberts to see if he would be interested in changing the format for your segments of the show. He said he'd rather do the regular format for the show and would tape his segment separately and that he would talk to you directly about his segment of the Ward Update show.

This was our understanding of the situation and that is why Whitney had not followed up with you about your request in the email was because Alderman Roberts had told us he'd taken care of th is issue with you. That's also why Whitney would have felt comfortable coming to ask you about the scheduling of your segment at the meeting last night, not knowing that you had an issue with the situation. We are not privy to all the conversations and emails between elected officials and we assumed you and Alderman Roberts had been directly communicating about the taping of the Ward Update segments.

If he hadn't done that and we were operating under the wrong information, we apologize for that.

However, I thought it might be helpfu l to share with you that when an Alderman confronts a non-management staff member about an issue or concern, especially in a public situation, that can be intimidating to the staff member.

1

Page 57: ELLIOTT Sunshine Request

12-

That's why I'd like to respectfully request you to contact me directly, or my supervisor, Tim Wilkinson or Bill Charnisky if you have a concern or issue about something involving the Communications Department. You can be sure that if there is a problem we will do what we can to correct it and move forward . At all levels, we are here to be professional staff and to do our best to serve the residents of the City of st. Peters.

Please review your schedule and let me know when you would be able to come in for a Ward Update taping during these times:

Thursday, August 4 - between 1 pm and 5 pm

Tuesday, August 9 - between 11 am and 1 pm Wednesday, August 10 - between 9:30 am and 4 pm

Monday, August 15 - between 9:30 am and 5 pm Tuesday, August 16 - between 9:30 am and 5 pm Wednesday, August 17 - between 9:30 am and 5 pm

Please let me know at your earliest convenience your availability so that we can confirm staff schedules and make sure we have enough people available for the production. The taping should take approximately 45 minutes to 1 hour. I am attaching a list of possible questions for your interview, if you would like to add any additional topics of discussion please let me know.

Interview ~uestions - Ald. Ell..

Thanks.

Lisa Bedian Director of Communications City of SI. Peters 636.477.6600 x. 1229

2

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Lisa Bedian

From: Sent: To: Subject:

From: Lisa Bedian

Whitney Roundcount-Mclver Monday, March 05, 2012 4:32 PM Lisa Bedian FW: Ward Update Taping

Sent: Friday, August OS, 2011 2:50 PM To: Gus Elliott Cc: Whitney Roundcount Subject: Ward Update Taping

Alderman Elliott,

12 .. 3 6 05

I wanted to follow up with you again regarding trying to schedule taping your segment of the Ward Update program featuring the Aldermen from Ward 3.

Here is an updated list of staff availability to tape your segment. Please let me know if you would be able to come in for a taping during any of these times:

Tuesday, August 9 - between 11 am and 1 pm Wednesday, August 10 - between 9:30 am and 4 pm

Monday, August 15 - between 9:30 am and 5 pm Tuesday, August 16 - between 9:30 am and 5 pm Wednesday, August 17 - between 9:30 am and 5 pm Thursday, August 18 - between 9:30 am and 5 pm Friday, August 19 - between 9:30 am and 5 pm

If we do not have your segment taped by the end of the week of August 15, we will not be able to complete the editing of the program and have it available to air by the beginning of September as scheduled.

Thanks,

Lisa Bedian Director of Communications City of St. Peters 636.477.6600 x. 1229

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Attachment 4

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NORMAL VIEWIWITHOUT MONITOR BEING PULLED UP AND SEAT LOWERED

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Attachment 5

Page 64: ELLIOTT Sunshine Request

upfront extra copies from Julie Smith 8.18.11 From: Julie M. Smith Sent: Thursday, August 18, 2011 9:52 AM TO: Lisa Bedian; Carole Stangle Subj ect: upfront extra copies

12 -

Lisa: I have heard from everyone except Alderman Elliott regarding t he extra copies of the upfront Magazine. I have sent him several request s so he is just attempting to annoy me by not responding. I will leave it up to you but there are 5 months worth of upfront Magazines in his mail cubical. I hope this does not make more work for your department but at least we will save some trees!

Yes, continue to provide extra copies please NO , please do not give me copies of upfront

Jerry Hollingsworth

Mayor pa9ano Rocky Reltmeyer

Dave Thomas patrick Barclay

Tommy Roberts Judy Bateman-2 copies only Don Aytes -2 copies only

Julie smith Executive Secretary City of St. peters 636-477-6600 ext. 1233 [email protected]

Page 1

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12 -

Re Celebrate St. peters Follow up From: me@gus- elli ott . com on behalf of GuS Elliott [[email protected]] Sent: Tuesday, September 20, 2011 9:25 AM To: Judy Bateman Cc: Lisa Bedian; Mayor & Board; Bill charnisky; Tim Wilkinson subject: Re: celebrate St. peters Follow up

If this is to be an annual event, it should have its own enterprise fund and a committee dedicated to its planning and execution. There is no reason that a well-planned annual event can't operate at a break-even point or even as a profit center. you'll never grow an event that loses money.

That said, I agree with Jerry and Judy about the parking. when I was a kid, my dad had a business that took US to every municipal festival, county fair, and state fair in western & central Missouri. Events even more bush league than ours never charged for parking.

with the exception of the big show in Sedalia, the most successful ones were invariably the ones that closed off a high-use area of a municipality and lined the streets with booth spaces rented to itinerant vendors, charities, and exhibitors. The successful ones are more often than not run by the local chamber, and not the municipality, itself. Pay parking was always a private affair usin9 lots owned by indivlduals, businesses, or churches, and it was typically run as a charity fundraiser of one kind or another.

In Blue springs, Missouri, a city exactly the same size as St. peters in population and area, situated a similar distance from a major population center in the state, their chamber puts on an annual event originally called "Bushwhacker Days," but has since been renamed the "Fall Fun Festival . " They have done it right for decades.

In fact, when I first moved here, I stopped attending the little local events like the picnic and the Festival of the Little Hills, because, aside from the VP Fair , the little municipal events in eastern Missouri are disappointing compared to the well - run festivals back home in the west.

I don't mean to be insulting, but we really needed to have contacted somebody who knows how to do this right, like the Blue springs chamber, or the Independence chamber, whose annual Santa-Cali -Gon Days festival is arguably the best show of this kind in Missouri.

Those are my thoughts .

Take care,

gus. Gus4Us.com On Facebook

Gus Elliott Alderman - ward 3 St. Peters, Missouri

page 1

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(636) 866-9643 gus@Stpeterswa rd3 . com

Re Celebrate St. peters Foll ow up

12 -

On Tue , Sep 20, 2011 at 7:21 AM, Judy Bateman <j [email protected]> wrote :

3 6 0~

I have hea rd many comment s regarding t he parki ng bei ng so f ar away f rom the events.people paid to park & then had to walk a Long way. The q- topia needs to be organized better for the voting process. I also felt the signage was too small t o read from a car& we need to plan next year with a committee instead of staff generated. volunteering should be free wi 11 from employees & not forced on the individual employee. We also need to choose a date that is not in conflict with other venues . parking should be free.

Sent from my iPhone

On sep 19, 2011, at 5:20 PM, "Lisa Bedian" <[email protected]> wrote: Hello: Mayor pagano asked me to follow up with you regarding the Celebrate St. peters events this weekend. we will be having a Celebrate St. Peters team meeting on Friday mornin9 at 10 a.m. at City Hall to review the events and talk about suggestions and ,deas for future events. Mayor Pagano asked me to have you forward any suggestions/ideas you may have or those you've received from residents regarding celebrate St. Peters to him or to me so that we can bring your comments to the group meeting Friday . we will be announcing the winner of the walk of Fame Band challenge at Thursday night's Board of Aldermen meeting. Nearly 13,000 votes were cast on the City's website over the weekend to determine the winner. The Kimberly cash concert scheduled for Saturday , September 17 and the smash Band concert scheduled for sunday will be rescheduled and we will be discussing those items at Friday's meeting. Take care, Li sa Bedi an Director of Communications City of St. Peters 636.477.6600 x. 1229

page 2

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12 -

Monitor issues at BOA meeting resolved 12.16.11 Bonstead From: Joshua Bonstead Sent: Fri daYi.December 16 , 20114:22 PM To: GuS El l0tt Cc: Lisa Bedi an; John Becher s ub ject: Monitor issues at BOA meeting resolved

Alderman Elliott,

At the request of the Communications Dept. I went over to the BOA Chambers today and looked at the monitor at your seat and found that the power cable into the CPU mounted under the table had backed out just enough to shut down the PC. I pushed it all the way back in and powered up the PC. The monitor came on without any issues. The cable may have been loose just enough t hat a casual brush again st it backed i t out enough to disconnect the power . I think the "switcher" button for the monito r is powered from the USB port on the PC, so if the PC was off, the switcher button may not have worked either.

Everything should be good for the next meeting. See you then.

Have a wonderful christmas with your family and a fun New Year !

Joshua A. Bonstead I. T. speci al i st city of St. peters 636.477 .6600 . . 1370 [email protected]

Page 1

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12 - 3605

Lisa Bedian

From: Julie M. Smith on behalf of Len Pagano Wednesday, February 08, 2012 10:47 AM Lisa Bedian

Sent: To: Subject: FW: There is a Tax on Tuesday's 8allot - Please Remember to Vote

JuL ie Smith Executive Secretary City of St. Peters 636-477-66ee ext. 1233 [email protected]

From: [email protected] (mailto:me@gu5-elllott. comJ On Behalf Of Gus Elliott Sent: Monday, February 06, 2012 8:26 PM To: undisclosed-recipients Subject: There is a Tax on Tuesday's Ballot -- Please Remember to Vote

Hello Ward 3 Residents,

Tomorrow is not just a "Presidential Preference" election in St. Peters. We will be voting on a 2% tourism tax to be paid by all hotel guests in the City. The ballot language will read:

"Shall the City of St. Peters, Missouri, impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels and motels situated in the City of St. Peters, Missouri, at a rate of two percent (2%) for the sale purpose of promoting tourism"

Lisa Bedian, the City's Director of Communications, has prepared the following statement and emailed it to all the employees of the City this afternoon:

If you ilrt a St. IJcl(~rs rtsidtnlllnd A r(!gisterffi \'Olcr, )'ou'U hll\ (' the oJ)ll0rtunlt~ tomorrow 10 de(ide whether 10 AflPrO\'t Prol)O'lItIOIl " I" (or tourl$lII.

I(apprm'ed, this measure ",ould Hllow the Cil~' to colicci a 2'10 101lrl"m 1111 on holel rooms In St. I' t lcrs. We hne nH' holels In St. Peten lind we estlmilic thltt more Ihlln 2UO.I)(Kllourisls slay hi our holds eMe ll yellr.

Tourists bring n' ... enue to our City "hen Ih,,), spt'nd money In our .'itoresand millurants. This mon,-,}' helps to keep our hi'; rule low ror our rtSidenb and .110"'5 Our Cicy to prm'idc exceplionRI sen-Ices at II far less cost Ihlln olher cities.

Our neighboring ('itics also "clcomc tourist!> Hnd their tiU. dollnrs. The difference is, tourists in SI. Chflrles and O·."lI lIon (Mnd many ot her MiSS(lurl dll~~) plly H rOOm fet' or hotel tal, but right now, lourislS in St. Petrn don't. In rHcl.lf},OIl lind ),ollr rllmily hM"" vacHtionl.od in the litSI rew yti\r"S, whelher )'ou· ... e ,Islled Chicago or Kansas (,hy. or e\'ell IhUlnlbul, therc's ulmost UI"I'I)'5 some Ithld oflocal hotel or tourism bl,; or rcc.

1\101le,. rubed from this louri.'lm bu: "ould be It lio('atcd 10 help 10 lilt) ror thing.'! liltt Ihe wear MIld !curon Ollr rllcillties rrom evenh Ihlll brln, tourists to SI, "clers 5uch flS th l' \llssouri SUI Ie Illgh S('hool Swltnml ng And OI\'lng meets. bllsebull, soccer II lid hockey lournflment.s 911(1 other SfW,'cia l e ... ents.

ThM nks to Ihe hllrd work or our SIHIT, our parks 811d recn'Hlio n rHcillll~ lin' scc:o nd 10 1I0ne. Few communities In Ihe cou nt ry ClIn bOllsl Ihe Krell! recreational rllcltilies and pllrks thol St I'tlers has. :il.nd IhMI 's " h}' wen betn IlPIlt'lIriltg on Money ~1AglI:tlne's lOP 100 IlhlCCS 10 Ih'e list This lourl!llll 1.11 ,,"ould II Iso hell) to keep rees fo r St, "elers residents low ns we ru nlinue 10 provide them " 'lth outstanding ~n'lces fi nd nn urellen( qUMllty of me.

Usa Ocdlan Director or COllllllllniC'lltiotls

Cily of SI. )'elel":'l 636.471.6600 x. 1229

1

Page 69: ELLIOTT Sunshine Request

In the meantime, if there is ever anything I can do for you, just let me know. I am always here to help.

Take care,

gus. Gus4Us.com On Faccbook

Gus Elliott Alderman - Ward 3 SI. Peters, Missouri (636) 866-9643 [email protected]

2

Page 70: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (6361477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: NfA

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeier Division: FIELD OPERATIONS I INVESTIGATIONS

Pale & Time 03/13/2012 19:53

SUPP #8

2012·3605

Narratiye Description

SUPP #8 03/16/12 A 226

Harassment RsMO • 565.090 Investigative Supplement Det. Ziegemeier #366 Bedian's Computer

Sir,

Entered by Patolman Douglas Ziegemeier

In reference to the original report, I would Ilke to submit the following information:

~ Closed Narrative

Reviewed by Lieutenant Rick Gerger

Last Edit Date

03121/2012

On 02/22/12, at 1200 hours, I seized Bedian's designated work computer with the consent of Chief Bishop. The computer was then submitted to Det. Jackson (DSN 192) , with the St. Charles County Cyber Crimes Unit, in attempt to determine if the MEC document originated from this computer.

On 02/23/12 , Det. Jackson released the computer back to SI. Peters IS Department. See the attached property record for further information.

Respectfully Submitted,

Det. Ziegemeier #366

Attached: 1 Property Record

Signature - Reporting Officer Signature w Reviewing Officer

Incident Number: 2012000003805 Page 14 of 16 PI Form Single 07/22/11

Page 71: ELLIOTT Sunshine Request

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Page 72: ELLIOTT Sunshine Request

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Page 73: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (636) 477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Patolman Douglas Ziegemeier Division: FIELD OPERATIONS I INVESTIGATIONS

pate & Time 03/15/2012 20 :55

SUPP #9

2012-3605

Narratiye Rescription

SUPP #9 03/21/12 A 226

Harassment RsMO - 565 ,090 Investigative Supplement Det. Ziegemeier #366 Subpoena Information

Sir,

Entered by

Patolman Douglas Zlegemeier

In reference to the original report, I would like to submit the following information:

~ Closed Narrative

Reviewed by lieutenant Rick Gerger

Las! Edit p ate

03121/2012

I received subpoenas both from Charter Communications and 1 & 1 Mail and Media, Inc, The subpoena on the masked avenger account did not provide any useful information on the account holder; however, it did provide an IP address of 97,91 ,216,250, which is the same IP address that Charter Communications was subpoenaed, The subpoena on the Charter Communication IP address revealed the IP address belonged to Gus Elliot of4016 Bellevue Drive, St. Peters, MO 63376, The length of service has been from "02/06/10 to present." See the attached copies of the subpoenaed information ,

This case should be considered "cleared by arrest."

No further information at this time,

Respectfully Submitted,

Det. Ziegemeier #366

2 Subpoena Returns (11 pages)

Signature - Reporting Officer Signature - Reviewing Officer

Incident Number: 2012000003605 Page 15 of 16 PIFormSingle 07122/11

Page 74: ELLIOTT Sunshine Request

ST. PETERS POLICE DEPARTMEN' 1020 GRAND TETON DR ST. PETERS, MO 63376 (636)477-6600 x3525

Incident Report

Incident Number: 2012000003605 File No: N/A

Dispatch Incident Number: 2012000004776

Print Date: April 10, 2012 Printed By: tlwilkins

Narrative by: Lieutenant Rick Gerger Division: FIELD OPERATIONS I PATROL

Date & Time

0313012012 15:42

supp #10

2012·3605 Harassment Det. Supplement Lt. RH Gerger

Narrative Descriptjon SUPP #10 04104112 A 226

Amended victim's statement

Sir,

Entered by ~

lieutenant Rick Gerger Closed Narrative

Reyiewed bv Lieutenant Rick Gerger

Last Edit Dale

041041201 2

In regards to the originat report. I would like to add the following information as retated thereto:

On Monday. March 27. 2012. I was contacted by the victim. Bedian. whom expressed a desire to amend her written statement. advised Bedian that she was free to do so and to contact me when she was completed.

On Friday. March 30. 2012. Bedian met me at the St. Peters Justice Center and provided me with an amendment to her written statement; the statement is attached to this report.

Nothing further.

Respectfully.

Lt. RH Gerger

Attachments : Bedian statement (3)

Signature. Reporting Officer Signature ~ Reviewing Officer

Incident Notes: I Create User 10:

• Date & Time

No Incident Notes Listed

Incident Number: 2012000003605 Page 16 of 16 PI Form Single 07/22/11

Page 75: ELLIOTT Sunshine Request

Gus Elliott Chronology Addendum

3.27.12

Gus Elliott has been a City of SI. Peters Alderman since April, 2007. During the first two years he served the city, he worked very closely with me and members of my department, often seeking our support with written materials, talking points, city information and resources. He became very familiar with the workings of our department and was very friendly with members of my staff and me. He was very complimentary to all of us regarding our skills and dedication to the City of SI. Peters.

He spent many hours, much of it either during my staffs lunch hour or in my office at the end of the work day. My staff and I would often question how he would be able to spend all the hours he did in our offices. He would arrive in my office typically after 5 p.m. and would stay in my office talking for an hour or so asking questions about the City and my personal life. He seemed very interested that I was at one time the chief-of-staff for the late Governor, Mel Carnahan. These visits in my office were awkward and sometimes uncomfortable.

His attitude changed and he quit being friendly and supportive. He appeared to be having problems with the elected officials and admitted during a Board of Aldermen meeting that he was recording his phone and in-person conversations.

His visits to our department and my office in particular suddenly stopped after he received Mayor Len Pagano's letter in June, 2009 that identified me as the "secretary" who prepared the letter. He thought I was out to get him via that letter with my "influence over Mayor Pagano. " On several occasions, he even told Mid Rivers NewsMagazine reporter Jeannie Siebert that I was out to get him and that Mayor Pagano's letter was proof of it. He sarcastically referred to my "control" over the mayor and that the reason he was having trouble with the Mayor and others was because of me.

I believe he electronically forged my authorship of the Cynthia Davis cover letter for the alleged Missouri Ethics Complaint against Alderman Tommy Roberts and others because since in his mind I got him in trouble with a letter, he was going to get back at me by using a letter.

I had to face questioning about these electronically forged documents and discs first by my boss' boss, City Administrator Bill Charnisky. I had to face questioning about my involvement in creating and distributing these documents by two members of the SI. Peters Board of Aldermen. Tommy Roberts and Rocky Reitmeyer. Both Aldermen brought up the possibility that I could lose my job if I were involved in the creation or distribution of these documents. In fact, Alderman Tommy Roberts has told me on more than one occasion that had I been involved he would have "been jumping up and down on (City Administrator Bill) Charnisky's desk demanding I be fired ."

Another member of the Board of Aldemnen, Patrick BarClay, told me he was present on December 12, 2011 when discs with copies of these documents with my electronically forged signature and the time stamp indicating I created the documents on City time using City resources were presented to several individuals outside SI. Peters City Hall as they were waiting to sign up to be on the April 3, 2012 ballol.

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If I had I created the letter and ethics ccmplaint on work time at the City of SI. Peters using City resources-computer, CDs, my time-that would be a violation of C~y policy and I think even City ordinance. I would lose my jOb. my pension and my professional reputation .

In the last few days, I have reviewed my interactions with Gus Elliott, especially since I became aware of the attempt to impersonate me by forging my electronic authorship on potentially damaging documents about a member of the SI. Peters Board of Aldermen, Tommy Roberts, who is up for re-election next month. Had I done this, I would have violated a City policy and I think, ordinance and would have lost my job, my pension and my professional reputation .

I have recalled some additional facts about my dealings with Gus Elliott most recently, including his request for dozens of DVD disc copies of his daughter's Girl Scout troop's appearance at the November 17, 2011 Board of Aldermen meeting. Per Gus Elliott's request, we quickly dubbed the copies for him and delivered them to him the next week.

The night after the November 17, 2011 Board meeting and Alderman Elliott's request for the DVD copies, Alderman Elliott told Alderman Roberts (at the City's Holiday Tree Lighting, an event I am in charge of and was present at) that I was supporting his opponent, Terri Violet, for Ward 3 Alderman and that I was making sure Ms. Violet was getting plum volunteer assignments to give her the opportunity to impress voters and especially veterans to help her garner voter support against him (Tommy Roberts).

Alderman Roberts has told me, on more than one occasion, that if he truly believed I had created these damaging documents and was supporting Ms. Violet or anyone else, he would have demanded that I be fired immediately, He has also told City Administrator Bill Charnisky that he would have wanted me fired if I was found guilty of creating and distributing these documents,

City Administrator Bill Charnisky said to me he got the initial phOne call from Alderman Roberts on December 9, 2011 . Roberts told him that his "anonymous" caller said I was working with several other known critics of the City to ruin him (Roberts). "Anonymous' told Alderman Roberts I had used City resources on City time to put together the damaging information about him and the others, specifically my computer and the CDs were also City property. Bill Charnisky asked me what brand CDs and DVDs we were using in my office and at the cable building because he had Mayor Pagano's copy of the alleged ethics complaint on a Memorex branded CD. Bill Chamiskywanted to compare the brands on the disks. In our preliminary "investigation" of these charges being made against me, we discovered that yes, the City was using some Memorex brand CDs and DVDs. However, the label on the Mayor's disk looked different than the Memorex label on the City's CDs and DVDs. Bill Charnisky and I also checked the time stamp the document properties listed for creation of the Mayor's disk and it was on November 11 , 2011 , The City was closed for the Veterans Day holiday, but I was one of several City staff working at the Veterans Day event and was at City Hall during the time listed in the disk's document properties falsely claiming my authorship. I recalled Gus Elliott was the only member of the Board of Aldermen who did not attend the Veterans Day ceremony at City Hall.

On December 12, 2011 , Alderman Rocky Reitmeyer was told by Burt Biermann (current Ward 3 Aldermanic candidate against Tommy Roberts ; Biermann is being supported and helped by Gus Elliott), that I had created a disparaging mailer targeting Alderman Elliott in March 2011 to try to influence that election and cause Alderman Elliott to lose. At this same time, Biermann also gave Alderman Reitmeyer a copy of the disc with the electronically forged Cynthia Davis leller

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and MEC complaint document with my name as the author and the time stamp indicating I had created the document on work time using City resources. Reitmeyer aggressively questioned me about my involvement. I explained myself and told him I didn't create the mailer and I reminded him that would be against the law. Alderman Reitmeyer believed me but I knew at this time that my job and reputation were in danger and that there was a concerted effort being made by (I suspected) Gus Elliott and others (Biermann, Cynthia Davis) to try to rally other St. Peters elected officials to this cause and get me fired. I was very concerned after the conversation with Alderman Reitmeyer-he had accused me of another act that ~ it were true, I could have lost my job.

At this point, I decided to seek legal counsel because I was not aware of the ordinance against impersonating a public official and frankly, I needed to prepare to protect myself in case other attempts were made to get me fired as this "campaign" by Gus Elliott (I suspected) continued.

Then Gus Elliott had the "situations" with the computer at the Board of Aldermen meetings in December and January requiring my assistance. Gus Elliott is an electrical engineer, a person with demonstrated extensive technology knowledge. He even created his own website shortly after being elected and knew how to use his cell phone to record phone and in person conversations. Why would he need my help with his monitor or ask me for help? He knows that I don't supervise the Information Technology functions for the city; he ALSO knows through many personal conversations with me that I'm not a computer expert. Here he is asking for my support-knowing if I say no or don't try to help him, he can accuse me of being insubordinate-another offense that could result in my terminationl

I was scared about what was going happen next and my husband and I were also worried about my personal safety, especially since I suspected Gus Elliott was involved and that he had tried to run me off the road last summer. On June 23, 2011 at approximately 9: 15 a.m. I was driving on Truman Boulevard in St. Peters, Alderman Gus Elliott came up behind me very quickly in his vehicle , cut around and then in front of my car very closely, forcing me to drive onto the shoulder of the road to avoid being hit. I have a vanity license plate and so does he; our vehicles are easily identified. (This incident is described in my original chronology document.) I reported this incident that day to my boss, Assistant City Administrator Tim Wilkinson, City Administrator Bill Charnisky, and St. Peters Police ChiefTom Bishop. To my knowledge, they did not take any action on this incident. (That night Alderman Elliott did not attend the scheduled Board of Alderman meeting due to a reported last minute vacation .)

Until we get to the bottom of this, I am checking in with my husband when I am driving alone, especially at night, so that if anything happens to me we can retrace my steps quickly. I make sure that when I leave the Justice Center after working at a Board of Aldermen meeting that either a police or community service officer walks me to the door so that I can safely leave the building . I don't park my car near the elected officials in the parking lot because I am trying to avoid Alderman Elliott.

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' THIS DOCUMENT IS FOR LAW ENFORCEMENT PERSONNEL ONLY. ANY SECONDARY RELEASE SHOULD BE APPROVED BY THE

PROSECUTOR'S OFFICE*.

TO: DEPARTMENT: OCA: TODA V'S DATE: P.A. RE:

WARRANT APPLICATION REFUSAL

Officer Ziegemeier St. Peters Police Dept. 12-3605 April 10, 2012 Breck K. Burgess William Augustus Elliott

This application for warrant is being REFUSED for the following reasons:

We cannot prove beyond a reasonable doubt that the offense of harassment occurred . The conduct in question does not meet the elements for that offense.

If you have any questions or additional information on this subject, please call me.

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HAZEL WOOD & WEBER LLC

To:

From:

Memorandum

CONFIDENTIAL, ATTORNEY-William P. Chamisky CLIENT PRIVILEGED

COMMUNICATION AND Wm . Randolph Weber & John A. Young ATTORNEY WORK PRODUCT

Date: October 20, 2006

Re: Impeaciunent Proceedings

The requirements for impeachment of officers of a fourth class city are set forth in § 79.240, RSMo., which provides:

"Thc mayor may, with the consent of a majority of all the members elccted to the Board of A Idemlen, remove from office, for cause shown, any electi ve o ffi cer of the city, such officcr being first given opportunity, togcther with hi s witnesses, to be heard before the Board of Aldenncn sitting as a board of impeachment. Any elective officer, including the major, may in like manner, for cause shown, be removed from office by a two-thirds vote of all members elected to the board of aldermen, independently of the mayor's approval or recommendation. The mayor may, with the consent of a majority of all the members elected to the Board of Aldennen, remove from office any appointive officer of the city at will, and any such appointive officer may be so removed by a two-thirds vote of all members elected to the board of aldennen, independently of the mayor's approval or recommendation. Thc board of aldennen may pass ordinances regulating the manncr of impeachments and removals."

(emphasis added).

The term " for cause shown" complicates the analysis of actions/inactions giving risc to impeachment. The Missouri Court of Appeals for the Eastern District has described the "for cause" as applied to municipal officials as follows:

This definition is consistcnt with our Supreme Court's interpretation of what "for cause" meant in a predecessor to § 84.150, which pennits removal of police officers: "for cause" means legal cause. It "must be one which specificall y relates to and

C:\Documenls and Sellings\rshalVlLocat SCllingslTemporary IllIemel FileslOLKFDl 1513 16lmpeachcmen, Proceedings. DOC

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affects Ole administration of the office, and must be restricted to something of a substantial nature directly affecting the rights and interests of the public." Fitzgerald v. City of Maryland Heights, 796 S.W.2d 52 (citing McCallister v. Priest. 422 S.W.2d 650, 657 (Mo. banc 1968» .

More recently ilie Eastem District expanded the description of "for cause" in the context of an impeachment of municipal officials by stat ing that:

This Court has construed the language "for calise shown" to mean" 'a legally sufficient ground or reason,' the determination of which necessarily depends upon the facts of the particular case." Fitzgerald v. City of Maryland Heights, 796 S.W.2d 52, 56 (Mo.App.1990) (quoting State ex reI. Hall v. Wolf, 710 S.W.2d 302, 303 (Mo.App.1986». The appropriate meaning "should not only 'speci[ally] [relate] to and [affect] the administration of [his] office, and ... be ... of a substantial nature directly affecting the rights and interests of the public,' it should also be limited to objective reasons which reasonable people, regardless of their political persuasion, could agree would render any mayor's performance ineffective. Such cause would include acts of misfeasance, Ule improper performance of some act which may lawfully be done, malfeasance, the commission of some act wholly beyond actor's authority, and nonfeasance, the failure to perfoml a required duly." Fitzgerald, 796 S.W.2d at 56-57 (quoting McCallister v. Priest, 422 S.W.2d 650, 657 (Mo. banc 1968), citing State ex reI. Powell v. Wallace, 718 S.W.2d 545, 549 (Mo.App.1986) and Wolf, 710 S.W.2d at 304-05).

Boyer v. City ofPotasi , 77 S.W.3d 62 (2002).

A. Actionslinactions Clearly Identified As Impeachable Offenses

In a handful of cases, the Missouri appellate courts have identified the following actionslinactions as properly forming the basis of impeachment for municipal elected officials:

I. mayor ordered name of city treasurer removed from signatory card with bank and substituted court clerk without approval, acted discriminatorily by refusing to recognize several board members and prevented them from introducing resolutions, interfered with the intemal operations of city police department, along with other actions (710 S.W.2d 304);

2. mayor violated court order which gave city treasurer sole power to draw checks by unilaterally issuing city checks based on self-declared civil emergencies (Powell. 718 S. W.2d at 549);

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3. mayor refused to disclose knowledge regarding a wrongful discharge suit filed against the city and violated his oath of office by circumventing the police chiers efforts to enforce law that prohibits the promotion of gambling (Fitzgerald, 796 S. W.2d at 61).

4. illegally remove and ternlinate appointed official without necessary approval (77 S. W.3d 62)

5. direct that timesheets be falsified for a city employee to be paid for time not at work (77 S. W.3d 62)

6. sign and approve timesheet for city employee to be paid despite actual knowledge that timesheet was falsified (77 S. W.3d 62)

7. make a false report to the governing body concerning an incident with city employee where impeached official knowingly and falsely accused employee of acting in a threatening manner by placing his hand on his service revolver (77 S.W.3d 62)

8. violating oath of office by circumventing the City Police Chiers efforts to enforce § 572.030, RSMo. 1986, which prohibits the promotion of gambling

9. ordered the name of the City Treasurer removed from the signatory card of the bank account of the City of Pagedale and substituted with that of the Court Clerk without the prior knowledge, approval or subsequent ratification by the Board of Aldennen (Fitzgerald, 796 S. W.2d at 61)

10. at aldennanic meetings, mayor acted in a discriminatory manner by refusing to recognize four of the six members of the Pagedale Board of Aldennen and prevented them from introducing resolutions and ordinances in the same manner and frequency as the other two members of the Board of Aldennen (Hall, 710 S.W.2d 302)

II . interfered with the internal operation of the Paged ale Police Department when she telephoned the police dispatcher concerning a woman held by the Richmond Heights Police Department on a stealing charge and ordered the dispatcher to withdraw a wanted order from the police computer (Hall, 710 S.W.2d 302)

12. acted in derogation of established procedures of the office of the Building Commissioner in authorizing a building pennit (Hall , 710 S.W.2d 302).

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B. Procedure for Impeachment

Although the governing body of the City may set rules for removal proceedings, it is necessary for the proceedings to comport with Chapter 536, the Missouri Administrative Procedure Act, because the matter is a contested case and subject to review under the Act. The importance of Chapter 536 in pre-hearing preliminary matters has been highlighted in two (2) areas: I) notice of hearing; and 2) scope of discovery. Section 536.067(4) details the particulars which must be included in a notice to a party in a contested case, and provides that a period of ten (10) days must elapse between notice and hearing. The specific allegations in the articles of impeachment must fairly apprise tbe cbarged party of the factual allegations for which his removal was sought, in order to satisfy constitutional requirements.

While the method of impeachment process is left to local government, the cases suggest that the governing body's passage of articles of impeachment by motion, resolution or ordinance, is thc threshold step. See State of Missouri, ex reI. James Brown, v. City of O'Fallon, 728 S. W.2d 595 (Mo. App., 1987) (Motion passed adopting articles of impeachment). See Fitzgerald v. City of Maryland Heights, 796 S. W.2d 52 (Mo. App. Eastern District, 1990). After providing constitutionally sufficient notice of hearing, a hearing shall be conducted in accordance with tbe Administrative Procedure Act before the aldermen sitting as a Board of Impeachment. Thereafter, findings of fact and conclusions of law are required under Sections 536.080.

Pursuant to Section 79.240, the two-thirds majority of all members elected to the board of alderman, may remove the mayor from office, for cause shown, the mayor being first given opportunity, together with his witnesses, to be heard before the board of alderman sitting as a board of impeachment.

I. Outline of Procedural Steps:

i. Pass Articles of Impeachmcnt by motion, resolution or ordinance which provides sufficient notice of charges and hearing date.

ii. Conduct a hearing pursuant to Missouri ' s Administrative Procedure Act before the Board of Aldcnnan sitting as a Board of Impeachment.

Ill. Issue Findings of Fact and Conclusions of Law.

C. Review of Board of Aldennen Decision

If an impeachment decision is challenged, the Missouri courts have identified the correct standard of review as:

Our review of impeachment proceedings in this case is govcrncd by the Missouri

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Administrative Procedure Act, Chapter 536 RSMo (2001). State ex reI. Brown v. City of O'Fallon, 728 S.W.2d 595, 596 (Mo.App. E.D.1987). On appeal , we review the agency's decision and not the decision of the circuit court. State ex rc! . Hall v. Wolf, 710 S.W.2d 302, 304 (Mo.App. E.D.1986). We presume the correctness of the decision ofa city council sitting as a board of impeachment and uphold that decision ifit is supported by competent and substantial evidence upon the record as a whole. Fitzgerald v. City of Maryland Heights, 796 S.W.2d 52, 59 (Mo.App. E.D.1990). We view the record in the light most favorable to the council's determination, disregarding all contrary evidence. rd. We may not substitute our judgment on the credibility of the witnesscs for that of the administrative agency. Hall, 710 S.W.2d at 304.

Mason v City of Breckenridge Hills, 2003 WL 1208455 (Mo. App. E.D.)

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