Daley Deposition

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs.
CHICAGO PARK DISTRICT

Page 1
August 29, 2013 14

Page 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1 2 3 THE CITY OF CHICAGO, a ) 4 Municipal Corporation, ) 5 6 Plaintiff, ) vs. ) No. 11 CH 41075 7 THE CHICAGO PARK DISTRICT, ) 8 MILLENNIUM PARK JOINT VENTURE LLC,) 9 and MILLENNIUM PARK MANAGEMENT ) 10 11 VENTURE LLC, ) Defendants. ) 12 13 The deposition of RICHARD M. DALEY, J.D., 14 called for examination, taken pursuant to the 15 provisions of the Code of Civil Procedure and the 16 Rules of the Supreme Court of the State of Illinois 17 18 pertaining to the taking of depositions for the purpose of discovery, taken before KRISTIN C. 19 BRAJKOVICH, a Certified Shorthand Reporter, 20 CSR No. 84-3810, of said State, at Suite 2300, 21 10 South Wacker Drive, Chicago, Illinois, on 22 23 Thursday, August 29, 2013, at 1:30 p.m. 24
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION
PRESENT (Continued): NOVACK and MACEY, LLP, (100 North Riverside Plaza, Suite 1500, Chicago, Illinois 60606-1501, 1-312-419-6900), by: MR. STEPHEN NOVACK, snovack@novackmacey.com, MR. P. ANDREW FLEMING, andrewf@novackmacey.com, appeared on behalf of Defendants Millennium Park Joint Venture LLC and Millennium Park Management Venture LLC; DYKEMA GOSSETT PLLC, (10 South Wacker Drive, Suite 2300, Chicago, Illinois 60606, 1-312-627-2172 ), by: MR. TERRENCE M. BURNS, tburns@dykema.com, appeared on behalf of the Deponent.
Page 2
Page 4
PRESENT: BARNES & THORNBURG LLP, (One North Wacker Drive, Suite 4400, Chicago, Illinois 60606-2833, 1-312-214-8820), by: MR. WILLIAM M. McERLEAN, wmcerlean@btlaw.com, and MS. CHRISTINE SKOCZYLAS, christine.skoczylas@btlaw.com, appeared on behalf of the Plaintiff; REED SMITH LLP, (10 South Wacker Drive, Chicago, Illinois 60606-7507, 1-312-207-2441), by: MR. ROBERT S. O'MEARA, romeara@reedsmith.com, appeared on behalf of Defendant The Chicago Park District;
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
PRESENT (Continued): ALSO PRESENT: JUDGE DAVID R. DONNERSBERGER (Ret.), General Counsel, Chicago Park District; MR. MATT O'MALLEY, MR. JAMES HORAN.
REPORTED BY: KRISTIN C. BRAJKOVICH, No. 84-3810.
800.211.DEPO (3376) EsquireSolutions.com
YVer1f
RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

1 (WHEREUPON, the witness was duly 2 sworn.) 3 RICHARD M. DALEY, J.D., 4 called as a witness herein, having been first duly 5 sworn, was examined and testified as follows: 6 EXAMINATION 7 BY MR. NOVACK: 8 Q. Mr. Mayor, thank you for being here. 9 A. You are welcome. 10 Q. Would you please state and spell your 11 name for the record. 12 A. Richard M. Daley, D-a-l-e-y. 13 Q. And I'm assuming you have been deposed 14 before? 15 A. Yes. 16 Q. Approximately how many times? 17 A. Maybe five, six times. 18 Q. Let me just probably -- I'll call it a 19 reminder. Just a couple things. She's taking 20 everything down, so you need to answer audibly. 21 A. Yes. 22 Q. And if you don't understand any of my 23 questions, please just ask me to rephrase. I'll be 24 happy to do it.
Page 5
August 29, 2013 58

Page 7
1 A. No. 2 Q. Talk to any lawyers prior to the 3 deposition about the deposition? 4 MR. BURNS: No one in this room -5 BY THE WITNESS: 6 A. No one in this room. 7 MR. BURNS: -- other than conversations he may 8 have had with me. 9 BY THE WITNESS: 10 A. Conversations with my attorney. 11 BY MR. NOVACK: 12 Q. Those conversations I will not ask you 13 about. What about Mr. McErlean, have you ever 14 talked with him? 15 A. I don't even know him. 16 Q. Do you know any of the lawyers in this 17 room? The lawyers are sitting on that side of the 18 table. 19 A. I know Judge Donnersberger. 20 Q. Have you talked with him -21 A. No. 22 Q. -- about this case? 23 A. No. No, none whatsoever. 24 Q. And you don't know any of the other
1 A. Yes. 2 Q. And from time to time, I'm sure there 3 will be breaks. We would ask that if there's a 4 question pending, you will answer it before the 5 break? 6 A. Sure. 7 Q. And there likely also will be objections 8 from time to time by one or more of the lawyers in 9 the room. Unless you are in an area of 10 attorney-client privilege or being instructed not 11 to answer, you understand -12 A. Sure. 13 Q. -- that you answer over the objection 14 after it's been stated? 15 MR. BURNS: We'll address that as we go along. 16 BY THE WITNESS: 17 A. Yes. 18 MR. NOVACK: Thank you, Terry. 19 BY MR. NOVACK: 20 Q. Preparing for the deposition today, 21 could you tell us what you did? 22 A. I walked over here, got sworn in, and 23 sat down. 24 Q. Okay. Did you review any documents?
Page 6
1 lawyers in the room? 2 A. No, I don't. 3 Q. Do you know these two gentlemen? 4 A. Yes. 5 Q. Who are they? 6 A. Matt and John. 7 Q. Matt O'Malley and John Horan? 8 A. I think so, yes, unless they changed 9 their name. I don't know. 10 Q. Have you ever spoken to the present 11 mayor, Rahm Emanuel, about The Park Grill 12 Restaurant in any way? 13 A. No, I haven't. 14 Q. Have you ever spoken with him about this 15 case? 16 A. No, I haven't 17 Q. Have you ever spoken to anybody from his 18 office about this case or the restaurant? 19 A. None whatsoever. 20 Q. You graduated from law school, I 21 understand? 22 A. Yes, I did. 23 Q. When was that? 24 A. About '67.
Page 8
YVer1f

1 Q. And which law school? 2 A. DePaul University. 3 Q. And when were you admitted to the bar? 4 A. About two years later. 5 Q. Have you been a member of the Illinois 6 Bar ever since? 7 A. Yes, I have. 8 Q. And you are presently a member? 9 A. Yes. 10 Q. And you practice today at Katten Muchin? 11 A. Of counsel. 12 Q. How long were you Mayor of Chicago? 13 A. 22 years. I don't know about the -14 maybe the hours. Maybe more than 22 years. Yeah, 15 I don't know what the hours were. About 22 years. 16 Q. And the years were from when to when? 17 A. 1989 to 22 years later. 18 Q. And you left office in 2007? Does 19 that sound right? 20 A. 22 years later, in May. 21 Q. And as Mayor, I take it you were the 22 chief executive officer of the City? 23 A. Yes. 24 Q. And assuming the City Council did not
Page 10 Page 9
August 29, 2013 912

Page 11
1 could be more specific, that would be helpful. 2 Excuse me. 3 (WHEREUPON, discussion was had off 4 the record.) 5 MR. BURNS: Thank you. 6 BY MR. NOVACK: 7 Q. If the City was contemplating entering 8 into a contract with a third-party vendor and that 9 contract did not require City Council approval, did 10 you, as Mayor, while you were Mayor, have the 11 authority to direct the City to enter into that 12 agreement? 13 MR. McERLEAN: Same objection. 14 MR. BURNS: Calls for a legal conclusion. I 15 think -- well, I don't want to presume what he's 16 asking you but -17 BY MR. NOVACK: 18 Q. You can answer the question. 19 MR. BURNS: If you can answer that question. 20 Do you want to hear it again? 21 THE WITNESS: Yeah. 22 MR. BURNS: Please. 23 (WHEREUPON, the record was read by 24 the reporter.)
1 MR. BURNS: Again, I think it calls for a legal 2 conclusion. I'm not sure he can answer it the way 3 it has been posited to him. 4 BY MR. NOVACK: 5 Q. You are unable to answer that? 6 A. Yes. 7 Q. If a member of your staff came to you 8 and said, We want to enter into a contract with 9 Party X and the lawyers tell me that City Council 10 approval is not needed but we need to have 11 authority, would you be able to give that authority 12 to that person? 13 MR. McERLEAN: Same objection. 14 MR. BURNS: I think it runs into an incomplete 15 hypothetical question. You are asking him to come 16 up with some details that are not provided in that 17 hypothetical. It really becomes impossible to 18 answer the way it has been asked of him. All of 19 these contracts would be dealt with through the law 20 department -- just hold on -- through the law 21 department. So I'm not sure if he can answer it. 22 I think he said that before. 23 BY MR. NOVACK: 24 Q. So now let's take that hypothetical and
Page 12
1 have to pass on a particular decision, you had the 2 ultimate authority to make any decision for the 3 City? 4 MR. BURNS: Could you be more specific? 5 MR. McERLEAN: Objection. 6 BY THE WITNESS: 7 A. I couldn't answer that. You have 8 federal court decisions, state decisions, decisions 9 made by other agencies. I could not answer that. 10 BY MR. NOVACK: 11 Q. I'm talking now only about the City of 12 Chicago, not about the court, not about any 13 agencies. 14 MR. BURNS: Let him finish and listen to what 15 he says. 16 BY MR. NOVACK: 17 Q. Within the City itself, a decision to be 18 made for action to be taken by the City that does 19 not require City Council approval, you as Mayor 20 have the authority to make those decisions, 21 correct? 22 MR. McERLEAN: Objection, calls for a legal 23 conclusion. 24 MR. BURNS: Yeah, legal conclusion. If you
YVer1f

1 say that the law department says to you, This is 2 perfectly legal, it's okay for the City to enter 3 into this contract, if as a business matter the 4 City chooses to do so. 5 And now the City Council does not have 6 to approve it. Who had ultimate authority while 7 you were Mayor to decide, from a business 8 perspective, whether to enter into a third-party 9 contract? 10 MR. BURNS: Again, an incomplete hypothetical. 11 BY MR. NOVACK: 12 Q. Can you answer, sir? 13 A. I can't. 14 Q. Were you ever asked in the 22 years that 15 you were Mayor whether the City should enter into a 16 particular contract? 17 A. I don't recall. 18 Q. You don't recall that ever happening? 19 A. No, I don't recall. 20 Q. Now, I want to ask you a few questions 21 about the Park District in relationship with the 22 City to the Park District. 23 Who appoints -- while you were Mayor, 24 who appointed Park District board members?
Page 13
August 29, 2013 1316

Page 15
1 BY THE WITNESS: 2 A. Or nominating a superintendent subject 3 to approval of the Park District. 4 BY MR. NOVACK: 5 Q. Without the Mayor -6 MR. BURNS: Did you get that? 7 BY MR. NOVACK: 8 Q. Subject to what? 9 A. Subject to the approval -10 MR. BURNS: Approval. 11 BY THE WITNESS: 12 A. -- of the Park District, the board. 13 BY MR. NOVACK: 14 Q. If you, as Mayor, did not nominate a 15 particular person to be the superintendent of the 16 Park District, could that person be -- could that 17 person have been appointed superintendent? 18 A. The board could appoint one. 19 Q. Without the Mayor's nomination? 20 A. Yes. 21 Q. Did that ever happen while you were 22 there? 23 A. Gee, I don't know. I can't recall. 24 Q. Which superintendents did you appoint
Page 16
Page 14
1 MR. BURNS: Process, they are asking. The 2 nomination, who approves them. 3 BY THE WITNESS: 4 A. The Mayor of the City of Chicago. All 5 mayors have a process of appointing the Park 6 District board of directors. 7 MR. BURNS: Subject to approval. 8 BY THE WITNESS: 9 A. Subject to approval, yes. 10 BY MR. NOVACK: 11 Q. Subject to approval by whom? 12 A. City Council. 13 Q. And who would bring the nominees to the 14 attention of the City Council? Would that be the 15 Mayor's Office? 16 A. Yes. 17 Q. And let me ask you the same question 18 about the Park District superintendent. What is 19 the appointment process for the superintendent of 20 the Park District? 21 A. The Mayor would have responsibility of 22 appointing the superintendent. 23 MR. BURNS: Nominating? I'm sorry. 24
1 during your tenure? 2 A. I don't recall. 3 Q. Did you appoint Mr. Tim Mitchell? 4 A. Yes. 5 MR. BURNS: Nominated him, yes. 6 BY THE WITNESS: 7 A. Nominated him with board approval. 8 BY MR. NOVACK: 9 Q. Did you nominate David Doig? 10 A. Yes, and the board approved him. 11 Q. Did Mr. Doig leave the superintendent's 12 position during your tenure as Mayor? 13 A. I think so. I don't recall what date. 14 Q. Did you ask him to -15 A. No. 16 MR. BURNS: Just -- did you ask him what? 17 BY THE WITNESS: 18 A. What? 19 MR. BURNS: What was your question? 20 BY MR. NOVACK: 21 Q. Did you ask him to step down? 22 A. No, I didn't. 23 Q. Do you know why he did? 24 A. No, I don't.
YVer1f

1 Q. During your tenure as Mayor, did certain 2 individuals transfer back and forth between the 3 City and the Park District? 4 A. Some did. I'm not sure. I wouldn't 5 know. 6 Q. Mr. Mitchell did? 7 A. Yes. He was -- worked for the City and 8 then he became superintendent of the Park District. 9 Q. And after he was superintendent of the 10 Park District, did he go back to the City? 11 A. I don't know where he went. 12 Q. Now, if you wanted -- while you were 13 Mayor, if you wanted the Park District to do 14 something, if you wanted them to take certain 15 action with respect to something within their 16 jurisdiction, how would you go about having them do 17 that? 18 MR. McERLEAN: Object to the form of the 19 question. 20 MR. BURNS: Are you asking -21 BY THE WITNESS: 22 A. About what? 23 MR. BURNS: I think he's asking like an 24 initiative. Is that what you mean?
Page 17
August 29, 2013 1720

Page 19
1 Q. So something -2 A. -- that would come to the attention of 3 everybody in the community. 4 Q. So if something like that came to your 5 attention, what would you do or what did you do 6 when things like that came to your attention while 7 you were Mayor, to make sure that it got done, if 8 you wanted it done? 9 A. First of all, you have to have a whole 10 process of looking at it as compared to not just 11 the community but the surrounding community. 12 People would come forward, why they need 13 it, what is the deficiency, what is the support of 14 the community, the elected officials, what they 15 were trying to accomplish, what effect they have on 16 the churches or the schools in the community, 17 things like that. 18 And that would be a whole process of 19 evaluating that, and usually the Park District -20 really go to the Park District 99.9 percent of the 21 time or 100 percent of the time, go to the Park 22 District, and they would look at that and evaluate 23 that according to their budget. 24 Q. But how would you make your own personal
1 BY THE WITNESS: 2 A. An initiative? 3 BY MR. NOVACK: 4 Q. What would you do if you wanted the Park 5 District to build a certain facility in a park that 6 was under the -7 A. It usually came. 8 Q. -- Park District's jurisdiction? 9 A. It usually came from the community. It 10 would come from the community asking to build a 11 park, to build a facility in the park. It would 12 really come from the community at large. 13 Q. To you? 14 A. To aldermen, citizens groups, department 15 heads, variety of things, media. 16 Q. Did anything like that ever come to you? 17 A. Well, if you read in the paper, you 18 usually heard it from block clubs and community 19 organizations. They would be sending letters and 20 things like that. We would like to have an 21 addition to the park or a baseball or a soccer 22 field, an event that they are going to have in the 23 park. They want a children's playground, a variety 24 of things that they would be seeking --
Page 18
1 preferences known to the Park District, assuming 2 you had a personal preference about a project? 3 A. Well, all the projects are good. The 4 Mayor would be for 100 percent of the projects. 5 That is automatically, you would say, These are 6 great concepts, these are great ideas. 7 But like anything else, they have 8 budgets and they have to look at what they did 9 throughout the city and how they holistically 10 looked at the project itself. 11 Q. What if on the flipside of that, while 12 you were Mayor, if something came to your attention 13 that the Park District was doing and you did not 14 agree with that, what would you do? 15 MR. McERLEAN: Object to the form of the 16 question. 17 MR. BURNS: Calls for speculation. 18 BY THE WITNESS: 19 A. Speculation. 20 BY MR. NOVACK: 21 Q. Was there ever a situation while you 22 were Mayor that the Park District was doing a 23 particular something that you didn't like? 24 A. I wouldn't recall. I don't recall that.
Page 20
YVer1f

Page 21
August 29, 2013 2124

Page 23
1 Q. You don't ever recall saying directly to 2 the Park District or through intermediaries, I 3 don't like that particular thing? 4 A. I don't recall, no. 5 Q. You don't recall or you never did it? 6 MR. BURNS: He said he doesn't recall. 7 BY THE WITNESS: 8 A. I just don't recall. 9 BY MR. NOVACK: 10 Q. So you don't recall one way or the other 11 whether you did that? 12 A. One way or the other. 13 Q. Would you say that it was the normal 14 custom and practice of the Park District and the 15 City to cooperate together on matters relating to 16 parks? 17 MR. BURNS: To the extent permissible, 18 collaboration. 19 BY THE WITNESS: 20 A. Collaboration, sure. 21 BY MR. NOVACK: 22 Q. Do you know what an intergovernmental 23 agreement is, sir? 24 A. Yes, inter -- intergovernmental,
1 federal, state, county, city. Other organizations 2 formed by the state. It's between government 3 agencies. 4 Q. City and Park District would be an 5 example? 6 A. Yeah. You could have City and the 7 federal government, City and State, City and 8 County, City and Community Colleges, City and 9 library, and City and Board of Education. There 10 are other government agencies that are established 11 by law. 12 Q. So I'm asking about City and Park 13 District. Is that another example? 14 A. Yeah, that would be an example. 15 Q. You have actually been instructed from 16 time to time, while you were Mayor, that agreements 17 be entered into between the Park District and the 18 City, didn't you? 19 MR. BURNS: Do you recall? 20 BY THE WITNESS: 21 A. I don't recall. 22 BY MR. NOVACK: 23 Q. Let's talk about Millennium Park. As I 24 understand it, the plan for the park was announced
Page 22
1 in March of 1998. Let me just show you an exhibit 2 with respect to that. 3 MR. BURNS: Thanks. Appreciate it. Just take 4 a moment to look at it. 5 MR. O'MEARA: Are you marking this as an 6 exhibit, or has it already been marked? 7 BY MR. NOVACK: 8 Q. That is Exhibit 352. Just while the 9 Mayor is reading it, for the record, it purports to 10 be a news release dated March 30, 1998, from the 11 Office of the Mayor, Richard M. Daley, with the 12 title Mayor Daley Announces Lakefront Millennium 13 Project. 14 A. Okay. 15 Q. Okay. So is it the case that the 16 Millennium Park was announced in March of 1998? 17 A. Yes, that's what the news release says, 18 March 30, 1998. 19 Q. Okay. And having a park at Millennium 20 Park was your idea, sir, wasn't it? 21 A. No. It was Daniel Burnham's. 22 Q. Daniel Burnham was not with the Chicago 23 government, was he? 24 A. No. He was the planner that designed
1 the rebuilding of Chicago's lakefront and parks 2 supported by the business community. It was a 3 project that the lakefront belongs to the people 4 and not to a few. It is not like the north shore 5 belonging to a few -6 Q. But within the -7 A. -- concept. 8 Q. Within the Chicago city government, you 9 were the individual that had the idea and pushed 10 the idea of having Millennium Park, correct? 11 A. The idea originally came from Daniel 12 Burnham. 13 Q. But he's not in the government. He 14 couldn't -15 MR. BURNS: Maybe we could focus on '98, to 16 bring it more current in time as developing. 17 THE WITNESS: Yeah. 18 BY MR. NOVACK: 19 Q. Let's even go before that. Let me show 20 you Exhibit 360, which is a newspaper article from 21 Crain's, which was published October 10, 2011, in 22 which you were interviewed about the experience 23 with Millennium Park while you were Mayor. 24 And I'll direct your attention down to
Page 24
YVer1f

1 the second paragraph of that article, and it says, 2 "He" -- and it's referring to you -- "talked about 3 the genesis of Millennium Park." 4 And that is the inception, the 5 beginning, correct, sir? 6 A. Well, before that -7 Q. You understand genesis to mean that? 8 A. Yes, but before -9 Q. It says here that you said -- they are 10 saying what you said, that you were sitting in your 11 dentist's chair overlooking a patchwork piece of 12 land and said, What are we going to do with that? 13 Do you remember that? 14 A. No, I don't remember it. 15 Q. Do you remember saying that to a 16 newspaper reporter just about a year and a half ago 17 or so? 18 A. It could be. 19 MR. BURNS: This is the updated, 2011. 20 THE WITNESS: It could be. 21 BY MR. NOVACK: 22 Q. Were you one of the motivators of 23 getting Millennium Park going? 24 A. The motivation of a gift on behalf of
1 the City of Chicago and the business community was 2 a millennium gift on behalf of the families that 3 worked and suffered and died in building this great 4 city. 5 It reflected the commitment of 6 immigrants from DuSable originally and the native 7 American Indians. It was to honor those that had 8 built the city and its history. That is where the 9 millennium gift concept came from. 10 Q. That is what you were thinking when you 11 pushed the park? 12 A. No. It came from a number of people. 13 Q. But did you share that vision? 14 A. They shared it -- people shared it with 15 me as well as -16 Q. Did you disagree with it? 17 A. The people's concept was a gift to the 18 city. 19 Q. I'm asking about you, Mr. Daley. I'm 20 not asking about -21 MR. BURNS: And he is -22 BY THE WITNESS: 23 A. I'm trying to say that. I'm trying to 24 explain.
Page 25
August 29, 2013 2528

Page 27
1 BY MR. NOVACK: 2 Q. Did you disagree with that -3 A. The concept? 4 Q. -- motivation? 5 A. The concept? 6 Q. You disagreed with the concept? 7 A. No. 8 MR. BURNS: He's asking you, are you talking 9 about the concept? 10 BY MR. NOVACK: 11 Q. Yeah. 12 A. I agreed with the concept. 13 Q. You agreed with the concept. 14 A. The gift on behalf of the City. 15 Q. You would agree with you were a pretty 16 active sponsor of that to make sure that it got 17 done? 18 MR. BURNS: You mean a supporter? 19 BY THE WITNESS: 20 A. I was a supporter. 21 BY MR. NOVACK: 22 Q. You don't want to take credit for 23 Millennium Park? 24 MR. BURNS: No, we are not going to get into
1 he doesn't want to take credit for. 2 BY MR. NOVACK: 3 Q. Do you think that you deserve any credit 4 for Millennium Park? 5 MR. BURNS: We don't want to get into that 6 back-and-forth. 7 MR. NOVACK: What do you mean? I'm asking a 8 question. 9 MR. BURNS: It's argumentative. 10 MR. McERLEAN: Objection, it's argumentative. 11 MR. BURNS: It's argumentative. He's trying 12 to answer your questions. 13 BY MR. NOVACK: 14 Q. The article goes on to say, in the 15 second to last paragraph on that page, that the 16 Mayor emphasized his desire to do something new in 17 creating Millennium Park. Is that a true 18 characterization of your desire? 19 A. The desire of the committee and myself. 20 Q. Not yourself? 21 A. Myself. Everyone. 22 Q. Including yourself? 23 A. Everyone. 24 Q. Now, you became involved in the planning
Page 28
Page 26
YVer1f

Page 29
August 29, 2013 2932

Page 31
1 of the park; is that correct? 2 MR. BURNS: I think you have to provide a 3 little more detail what you mean by "planning the 4 park." 5 BY MR. NOVACK: 6 Q. Did you work on the concept of the bean? 7 Were you involved in that? 8 MR. BURNS: Did you develop the concept of 9 having -- what do they call it, the cloud or the 10 bean over in the park? 11 BY MR. NOVACK: 12 Q. The bean. Let's start with the bean. 13 A. No. I could never -- no. 14 Q. Did you know there was going to be a 15 bean -16 A. No. 17 Q. -- at the park? 18 A. No. 19 Q. One day you saw it and that was the 20 first time you knew about it? 21 A. I don't even remember. I never knew it 22 was coming. 23 Q. How about the Pritzker Pavilion, did you 24 have anything to do with the creation of the
1 Pritzker Pavilion? 2 MR. BURNS: I'm going to object to the form of 3 the question. If you are asking the development of 4 the park, Pritzker Pavilion was part of that. 5 BY MR. NOVACK: 6 Q. Let's look at the second page of 360, 7 please, sir. This first full paragraph on the page 8 starts off with, "Mr. Daley." It says that you 9 remembered being especially worried about the sound 10 system. "I wanted to make sure that it worked for 11 that opening night. It would be in the first 12 description of the Pritzker Pavilion, and we were 13 really worried about it working right." 14 Is that a direct quote from you? Is 15 that what you said? 16 A. If it's written -17 MR. BURNS: Do you know if those were the 18 words that you used? 19 BY THE WITNESS: 20 A. Yeah, I don't know if they are exact 21 words. 22 BY MR. NOVACK: 23 Q. Is that what you believed? 24 A. The sound system is always the key to a
Page 30
1 pavilion that is outside. 2 Q. So you got into some of the details of 3 that sound system? Did you check it out? 4 A. No. 5 MR. BURNS: Wait a minute. We are presuming. 6 That's fine. You can answer the question. 7 BY MR. NOVACK: 8 Q. It says you wanted to make sure that it 9 worked. What did you do, if anything, to make sure 10 that the sound system worked? 11 A. To make sure that the committee knew a 12 sound system, as compared to the Hollywood bull, 13 has to work in order to have a system that you 14 could have a pavilion of people listening to music. 15 Q. That was one of the things that you made 16 sure of? 17 A. That's the key of any pavilion. 18 Q. The next paragraph talks about the size 19 of the trees in the park. It quotes you as saying 20 you didn't want to see trees this big, and it says 21 you held your hand up to your waist. 22 So you went on to quote, "I made sure to 23 get big trees. We cornered the market." Is all of 24 that true? Is that what you did?
1 A. I believe so. 2 Q. So you were involved in some of the 3 details at least? 4 A. Trees, size of trees, just making sure 5 that the facility would be up-to-date. Trees. I'm 6 a tree lover. Put that on the record. 7 Q. Did you consider the park in any way to 8 be one of your legacies as Mayor of the City? 9 A. Well, it's hard to say what a legacy is. 10 Q. Is that something that you would like to 11 be remembered for, though, as the Mayor -- who was 12 Mayor when Millennium Park was developed? 13 A. No. 14 Q. You don't want be to associated with 15 Millennium Park? 16 A. I would rather be associated with 17 building a school -18 Q. So are you ashamed -19 A. -- personally. 20 Q. Are you ashamed of Millennium Park? 21 A. No, I did not say that. I would not say 22 that I'm ashamed. 23 Q. Is it true that the park initially was 24 estimated to cost $150 million?
Page 32
YVer1f

1 MR. BURNS: Do you remember the details? 2 BY THE WITNESS: 3 A. I don't know. 4 BY MR. NOVACK: 5 Q. If you look at Exhibit 352, please. 6 MR. BURNS: He has something to show you. 7 Exhibit 352? 8 MR. NOVACK: 352. 9 MR. BURNS: Is that the article that you gave 10 us earlier? 11 MR. NOVACK: I just put the number at the top. 12 We didn't have a label on this one for some reason. 13 My apologies. 14 MR. McERLEAN: You have not marked this. The 15 next -- 352 is the news release from '98. 16 MR. BURNS: We have that in front of us. You 17 marked that earlier. 18 MR. NOVACK: Where is the copies of it? 19 MR. McERLEAN: You just showed us the 20 Sun-Times article. 21 MR. FLEMING: We are going back to 352, which 22 has already been marked and given to them. 23 BY MR. NOVACK: 24 Q. So 352 purports to be a news release
Page 33
August 29, 2013 3336

Page 35
1 he's asking, do you remember? 2 BY THE WITNESS: 3 A. No, I don't. No. I don't recall. 4 BY MR. NOVACK: 5 Q. Do you have any reason to believe that a 6 news release emanating from your office at the time 7 that you were Mayor would be incorrect? 8 A. I don't know. 9 Q. You don't know that either? 10 A. I wouldn't know. I didn't read 11 everything. 12 MR. BURNS: Well, specifically you are asking 13 him about the dollar amounts in this release. He 14 doesn't remember it. 15 BY THE WITNESS: 16 A. Doesn't remember it. 17 BY MR. NOVACK: 18 Q. Do you remember that the cost increased 19 from the inception of the project as time went on? 20 MR. BURNS: He's asking whatever that cost 21 was, do you recall over the course did that number 22 increase, if you recall generally or any specifics 23 of that. 24
1 dated March 30, 1998, from the Office of the Mayor. 2 We have looked at this once before, and if you look 3 to the second to last paragraph on that page, 4 please. 5 MR. BURNS: Is that where it says, "Full 6 cost"? 7 MR. NOVACK: Yes. 8 BY MR. NOVACK: 9 Q. Does that refresh your recollection, 10 sir, that the estimated cost by your office at the 11 inception of the project was $150 million with 12 120 million coming from parking revenues and 13 30 million from private sources? 14 MR. BURNS: He's asking if you remember that 15 one. 16 BY THE WITNESS: 17 A. I don't remember, but it's in there. 18 BY MR. NOVACK: 19 Q. Does that sound right to you? 20 MR. BURNS: Do you know? 21 BY THE WITNESS: 22 A. I wouldn't know if it's right or wrong, 23 but it's in here. 24 MR. BURNS: No, it's part of the release, but
Page 34
1 BY THE WITNESS: 2 A. I don't remember any specifics, but I 3 know it increased. 4 BY MR. NOVACK: 5 Q. Do you remember that it increased to 6 about $475 million? 7 A. It could. 8 MR. BURNS: Do you know? Do you remember the 9 numbers? 10 BY THE WITNESS: 11 A. I don't know. I don't remember the 12 exact numbers. 13 BY MR. NOVACK: 14 Q. Does it refresh your recollection to see 15 Exhibit 355, which is a Chicago Sun-Times article 16 of July 15, '04, in the left-hand column, where 17 it -- under the heading, Wow that's pricey? 18 MR. BURNS: Do you remember the -19 BY THE WITNESS: 20 A. I wouldn't remember. 21 MR. BURNS: He just wants to know what you 22 remember about -23 BY THE WITNESS: 24 A. I wouldn't remember that.
Page 36
YVer1f

1 MR. BURNS: -- the numbers. 2 BY MR. NOVACK: 3 Q. Okay. But you remember that there was 4 an increase, correct? 5 A. Yes. 6 Q. And would you characterize it as a 7 substantial increase? 8 MR. BURNS: Cost over time. 9 BY THE WITNESS: 10 A. An increase. 11 BY MR. NOVACK: 12 Q. Would it surprise you to hear that it 13 was 475 million? 14 MR. BURNS: He doesn't remember. 15 BY THE WITNESS: 16 A. I don't remember specifically but -17 BY MR. NOVACK: 18 Q. Now, did the City and Park District 19 cooperate together in developing Millennium Park? 20 MR. BURNS: Do you know how the collaboration 21 worked between -22 BY THE WITNESS: 23 A. The private sector. 24 MR. BURNS: Well, he's not excluding -- are
Page 37
August 29, 2013 3740

Page 39
1 Q. Did the City not want third-party 2 vendors involved in the park at all? 3 A. I don't recall. 4 Q. It's possible that the City didn't want 5 third-party vendors? 6 MR. BURNS: He's saying he doesn't recall. 7 BY MR. NOVACK: 8 Q. I'm asking, is it possible that the City 9 would not have wanted -10 MR. BURNS: Don't speculate. 11 BY MR. NOVACK: 12 Q. -- third-party vendors? 13 MR. BURNS: Excuse me. I'm sorry. I didn't 14 mean to interrupt either of you. But when you ask 15 possibly, you are asking him to speculate, and you 16 are not required to, Mr. Mayor. 17 BY MR. NOVACK: 18 Q. Do you know whether there were any 19 third-party vendors that had concession awards for 20 Millennium Park? 21 MR. BURNS: What -- can you be more -22 BY THE WITNESS: 23 A. I don't recall specifically. 24
1 BY MR. NOVACK: 2 Q. Maybe we'll get a little bit more 3 specific. 4 But as the park was being developed, 5 it's true, isn't it, that you had regular briefings 6 about the park? 7 A. I don't recall. I could have had some 8 briefings, but I don't recall. 9 Q. You don't recall that there were regular 10 periodic meetings with written agendas and a number 11 of people in attendance? 12 A. No, I don't recall. I don't recall. 13 Q. Do you recall meetings where you were 14 briefed on Millennium Park that was attended by 15 representatives of the City, including Beth 16 O'Reilly; representatives of the City's law 17 department, including Mara Georges; representatives 18 of the PBC, including Kevin Gujral; and 19 representatives of the Park District, including 20 David Doig, and also Joseph Manley. 21 You don't recall regular meetings like 22 that? 23 A. No, I don't recall. 24 Q. Do you recall being briefed about
1 you not excluding private sector, that issue, there 2 were people that were part of that as well? 3 BY MR. NOVACK: 4 Q. There may be other people that 5 cooperated too or were involved, but I'm just now 6 focusing on those two entities. 7 A. Private sector and the City and 8 everyone, Park District, and many other agencies 9 worked together. 10 Q. And now I'm focusing on the Park 11 District and City only. The Park District and City 12 cooperated on developing the various component 13 parts of the park; is that true? 14 A. I don't know. I wouldn't recall. 15 Q. Did the Park District and the City 16 cooperate together in getting concessions awarded 17 with third-party vendors? 18 MR. BURNS: Do you remember the specifics? 19 BY THE WITNESS: 20 A. I don't know the specifics. 21 BY MR. NOVACK: 22 Q. Did the City oppose awarding concessions 23 to third-party vendors? 24 A. I don't recall.
Page 38
Page 40
YVer1f

Page 41
August 29, 2013 4144

Page 43
1 Millennium Park at any time during your position as 2 Mayor? 3 A. Could be. 4 MR. BURNS: We are not saying there weren't 5 meetings. 6 BY THE WITNESS: 7 A. That it didn't happen. 8 MR. BURNS: He's saying he doesn't recall. 9 You are asking about regularity or scheduled 10 meetings. 11 BY MR. NOVACK: 12 Q. From about the inception of the idea of 13 Millennium Park, did you want to see a restaurant 14 in the park? 15 A. I don't recall. 16 Q. Did there ever come a time when you 17 wanted there to be a restaurant in the park? 18 A. To the concept maybe, a restaurant was 19 going to be in the park. The whole concept of the 20 whole committee. 21 Q. It was anticipated that there would be a 22 restaurant in the park? 23 A. Yes, yes. 24 Q. Including anticipated by you?
1 A. Not by me personally, no. 2 Q. You had no opinion one way or the other 3 as to whether there should be a park (sic)? 4 A. No. 5 Q. At some point, though, did you decide 6 that the Park District would be in charge of the 7 selection process for the concessionaire for the 8 restaurant? 9 A. No, I don't recall. 10 Q. Do you recall being in a meeting when 11 Kevin Gujral asked you who should do the concession 12 process for the restaurant as between -- let me 13 finish -- as between the Park District, on the one 14 hand, and the City, on the other hand? 15 A. Oh, I don't know. 16 MR. McERLEAN: Objection, assumes facts not in 17 evidence. 18 BY MR. NOVACK: 19 Q. Do you recall that subject ever coming 20 up in your presence? 21 MR. BURNS: Do you recall? 22 BY THE WITNESS: 23 A. No, I don't recall. 24
Page 42
1 BY MR. NOVACK: 2 Q. Do you know why the Park District was 3 picked to be the party to process the concession 4 through for the restaurant in Millennium Park? 5 MR. BURNS: Do you have any recollection? 6 BY THE WITNESS: 7 A. I don't have any recollection of that. 8 BY MR. NOVACK: 9 Q. We'll get to that in a minute. Do you 10 remember asking anybody at any time who owned 11 Millennium Park? 12 MR. BURNS: Do you recall? 13 BY THE WITNESS: 14 A. I don't recall. 15 BY MR. NOVACK: 16 Q. Do you know who owned Millennium Park? 17 MR. BURNS: He's asking about legal title 18 rights to. 19 BY THE WITNESS: 20 A. No, I don't know legally who owns it. 21 No. 22 BY MR. NOVACK: 23 Q. Did you ever own that? 24 A. I don't recall.
1 Q. Okay. Let's take a look at Exhibit 150, 2 please. 3 MR. BURNS: Could we take a two-minute break? 4 MR. NOVACK: Of course. 5 MR. BURNS: Thank you. I appreciate that. 6 (WHEREUPON, a recess was had.) 7 BY MR. NOVACK: 8 Q. So, Mr. Mayor, let me just say to you 9 that whether you view the park as your legacy or 10 not, I do, and I think it's great. The park is 11 great. My clients think it's a legacy and a real 12 badge of honor for you, so I must be asking my 13 questions wrong. 14 So let me ask you to get more 15 collective, as opposed to you. You mentioned that 16 a lot of things that I asked you about, Yeah, that 17 is was the committee that believed that. 18 Could you tell us who you mean when you 19 refer to a committee was developing it? 20 A. The concept was a public-private 21 partnership. The concept was from the City and 22 from the private business community to give a gift 23 on behalf of the people of the City of Chicago that 24 built this city. And the concept was to do
Page 44
YVer1f

Page 45
August 29, 2013 4548

Page 47
1 something unusual, as it grew, and different than 2 any other gift given to the citizens of its city. 3 Q. When you talk about the business 4 community, is that the group that sometimes has 5 been referred to as the donors? 6 A. Yes, the donors. It would be the 7 donors. I don't know what the exact committee 8 would be, but it was a group of the business 9 leaders that stood forward with John Bryan and 10 others. 11 Q. And then the partnership included then 12 the City? 13 A. The City of Chicago. 14 Q. And did it include the Park District? 15 A. It would include the Park District. 16 Q. Okay. And Mr. Uhlir, what was his role? 17 MR. BURNS: Uhlir. Do you remember? 18 BY MR. NOVACK: 19 Q. Uhlir. 20 A. Yeah, I know Ed Uhlir. His role -- I 21 don't know at what time, but he -- I don't know if 22 he worked for the Park District or for the 23 committee or for the City at different times. I 24 wouldn't try to figure it out.
1 Q. Was he what you might call the project 2 director for the development of the park? 3 A. I don't know if his official title was, 4 but -- I don't know what his official title was. 5 Q. And do you know how he got that 6 position? 7 A. He worked very closely with the business 8 community because -- since they were putting almost 9 half the money into the project. 10 Q. Was he in the government before he took 11 on that role? 12 A. I think he was in the government. 13 Q. Which government was he working for? 14 A. I believe maybe the Park District or the 15 City. I'm not sure -16 MR. BURNS: That's fine. 17 BY THE WITNESS: 18 A. -- at that time. 19 MR. BURNS: That's what he's talking about, 20 prior to Millennium Park. 21 THE WITNESS: Right. 22 BY MR. NOVACK: 23 Q. And are you pleased with how the 24 partnership, the committee, all of these parties
Page 46
1 put this thing together as a successful park? 2 A. Oh, I think that people would say that 3 it's the most unusual, different park ever built in 4 a city, not only in America but in the world, yes. 5 Q. And did the -- did the group desire to 6 have a well-run park? 7 MR. McERLEAN: Steve, could you keep your 8 voice up? I'm sitting here, and I can hardly hear 9 you. 10 MR. NOVACK: I'm sorry. I just don't want you 11 to think that I'm too loud, but it's for the 12 benefit of them, not for the detriment of you. 13 THE WITNESS: Okay. 14 BY MR. NOVACK: 15 Q. Okay. Did you understand that this 16 group consisting of the donors, the City, the Park 17 District, Mr. Uhlir, did the group want to see a 18 well-run and functioning park? 19 A. Well, I believe they wanted to construct 20 an unusual, different type of a park that never 21 existed in the world. That was the concept. 22 Q. And they wanted the people of Chicago to 23 be able to enjoy it? 24 A. The people of Chicago to enjoy it and
Page 48
1 the world to enjoy it. 2 Q. And the people that would come there 3 would enjoy it if it was running well, by competent 4 organizations? 5 A. Yes. 6 Q. Okay. And one of the things that the 7 group wanted was a restaurant for the people to be 8 able to eat at when they came to the park? 9 MR. BURNS: I think we established that is 10 part of the concept. 11 BY THE WITNESS: 12 A. Yes, I think that was part of the 13 concept. 14 BY MR. NOVACK: 15 Q. And the group wanted a good operator so 16 that the restaurant ran smoothly and efficiently? 17 A. I don't know anything about a good 18 operator. They wanted an operator. 19 Q. Well, I assume the group would not have 20 wanted a bad operator? 21 MR. BURNS: I think you are asking him -22 BY THE WITNESS: 23 A. I don't know who is bad or good. I 24 mean, that's -- I can't figure that one out.
YVer1f

1 BY MR. NOVACK: 2 Q. And did you understand that the group 3 collectively decided that the Park District would 4 be the entity that would engage third-party vendors 5 through a concession process? 6 MR. McERLEAN: Objection, foundation, asked 7 and answered. 8 MR. BURNS: Do you know? 9 BY THE WITNESS: 10 A. No, I wouldn't know. 11 BY MR. NOVACK: 12 Q. Who did you think at the time was 13 soliciting possible concessionaires to operate the 14 facilities at the park? 15 MR. BURNS: Did you know? Do you recall? 16 BY THE WITNESS: 17 A. I don't recall. I don't know if it was 18 a combination or one or two. 19 BY MR. NOVACK: 20 Q. At the time did you -- do you think at 21 the time that you knew, even if you may not 22 remember it today? 23 A. I don't recall. I just don't know. 24 Q. So the combination would be what, City
Page 49
August 29, 2013 4952

Page 51
1 BY MR. NOVACK: 2 Q. If you look at page 3 of the document -3 MR. BURNS: The pages are up at the top. 4 BY MR. NOVACK: 5 Q. The third page of the document. 6 MR. BURNS: Which is page 5, the Introduction 7 section. That is what you are talking about? 8 MR. NOVACK: That's correct. 9 MR. BURNS: This is what he wants you to look 10 at. 11 BY MR. NOVACK: 12 Q. In the first sentence, you will see it 13 says, "The Chicago Park District is inviting 14 Chicago restaurant facility operators," and then it 15 goes on from there to submit qualification 16 packages? 17 A. That is what it says, yes. 18 Q. Does that refresh your recollection that 19 the Chicago Park District is the agency that issued 20 the request for qualifications? 21 A. If it says it. 22 Q. Do you have any reason to doubt that it 23 was the Park District? 24 A. No, I don't doubt it. No.
1 Q. Is that something that makes sense, 2 according to your understanding as the Mayor of 3 Chicago? 4 A. Well, it just says there, "The Chicago 5 Park District is providing." 6 MR. BURNS: We agree with you that is what the 7 language says. He just simply doesn't recall 8 seeing this document. 9 BY MR. NOVACK: 10 Q. But is the Park District's doing that 11 consistent with your understanding, as Mayor, of 12 what responsibilities the Park District had? 13 MR. McERLEAN: Objection, asked and answered. 14 MR. BURNS: Do you recall? 15 BY THE WITNESS: 16 A. No, I don't recall. No. 17 BY MR. NOVACK: 18 Q. Now, I want to ask you to look at 19 Exhibit 74. 20 MR. BURNS: What was the number on that one, 21 please, Steve? 22 MR. McERLEAN: 214. 23 MR. BURNS: Thank you. 24
Page 50
Page 52
1 and Park District? 2 A. It could be City and Park District and 3 business community as well, the committee. 4 Q. Did the group direct that there be a 5 request for a qualifications issued for the 6 restaurant to potential restauranteurs who would 7 want to operate the restaurant? 8 MR. McERLEAN: Object to the form of the 9 question. 10 MR. BURNS: Do you remember that process? 11 BY THE WITNESS: 12 A. Well, I wouldn't recall. 13 BY MR. NOVACK: 14 Q. Let's look at Exhibit 214. This 15 document purports to be a request for 16 qualifications for food service opportunities at 17 the Millennium Park. 18 Did you ever see this document before 19 today? 20 MR. BURNS: Do you recall? 21 BY THE WITNESS: 22 A. No, I don't recall if I saw it. 23 MR. BURNS: You don't recall? 24 THE WITNESS: I don't recall.
YVer1f

Page 53
August 29, 2013 5356

Page 55
1 BY MR. NOVACK: 2 Q. And 74 purports to be a request for a 3 proposal for the restaurant opportunity at 4 Millennium Park. Do you see that on the title of 5 it? 6 A. Yes, I do. 7 Q. And then in the page that is entitled 8 General Invitation, which I believe you are on 9 right now, the first sentence again reads, "The 10 Chicago Park District invites submission of 11 proposals for the restaurant." 12 Does that refresh your memory that the 13 Park District is the entity that issued the 14 requests for proposals? 15 MR. BURNS: He's asking if you recall. 16 BY THE WITNESS: 17 A. I don't recall, but I'm looking at it 18 now. It says that they did. 19 BY MR. NOVACK: 20 Q. And that is something that is consistent 21 with your understanding of what the Park District 22 was doing at that time? 23 MR. McERLEAN: Same objection, asked and 24 answered.
1 MR. BURNS: Do you understand the question? 2 THE WITNESS: No, I don't understand the 3 question. 4 BY MR. NOVACK: 5 Q. Did you know what the role of the Park 6 District was in the Chicago city government? 7 MR. BURNS: In the government or in regards to 8 this? 9 BY MR. NOVACK: 10 Q. Just generally, did you know what the 11 Park District's sort of role and responsibility 12 was? 13 MR. BURNS: For city government? And I don't 14 want to sound like I'm quibbling with you, but the 15 City government or the parks? 16 MR. NOVACK: For the parks, of course. 17 BY THE WITNESS: 18 A. The Chicago Park District, why it was 19 formed and when? I don't have the exact date when 20 the Chicago Park District was formed and for the 21 purpose of the Chicago Park District, why it was 22 formed. 23 But it deals with the Chicago Park 24 District facilities for recreation. I don't know
Page 54
1 what -- the purpose of it but -2 MR. BURNS: It's a general statement. 3 BY THE WITNESS: 4 A. As a general statement. 5 BY MR. NOVACK: 6 Q. So would the issuance of a proposal for 7 operating a restaurant within a park then be 8 consistent with what you just said your 9 understanding was of what the Park District was 10 supposed to be doing? 11 MR. BURNS: Well, if you are talking more 12 specifically about this -13 MR. NOVACK: I'm asking generally. 14 MR. BURNS: Well, you tied it into this 15 document here. I mean, what the Park District does 16 specifically as to this, he said he doesn't recall. 17 He understands from reading it, it was sent out, 18 but he doesn't recall seeing this document. 19 BY MR. NOVACK: 20 Q. If you look at the bottom of that page, 21 you will see that it says that the request was 22 issued August 17, 2001. Do you see that? 23 MR. BURNS: This document. That is what it 24 says? Key date. That is what the document says,
1 August 17, 2001. 2 BY THE WITNESS: 3 A. That is what it says. 4 BY MR. NOVACK: 5 Q. Does the document also say at the 6 bottom of that column the proposal due date of 7 September 21, 2001? 8 A. That is what it says. 9 Q. Do you remember that the proposals were 10 due ten days after the tragedy on 9/11? 11 A. I don't recall. 12 Q. Would you look at Exhibit 348, please. 13 This is 348. 14 MR. BURNS: Yes. 15 BY MR. NOVACK: 16 Q. And what this is, for the record, is -17 purports to be an article in the -18 MR. BURNS: I'll make it easy. 19 BY MR. NOVACK: 20 Q. -- Chicago Sun-Times, dated 21 February 12th of '05. 22 MR. BURNS: It's an article, right, 23 February 12, '05. Let's mark that there. 2/12/05. 24 This is an article from that date.
Page 56
YVer1f

1 BY THE WITNESS: 2 A. Okay. 3 BY MR. NOVACK: 4 Q. And you were being asked questions about 5 the granting of the concession award to the entity 6 in which the principals are Mr. Horan and 7 Mr. O'Malley. This was something that the 8 newspapers were interested in at the time, February 9 of '05. 10 And if you look down in the end of the 11 first column, there's a quote, quoting you saying, 12 "Remember, the bids came in two weeks after 13 September 11th and the negotiations went on right 14 after that period. I'm not going to say" -- and 15 then it goes on to talk about something else. 16 Does that refresh your memory that you 17 knew that the bids were coming in about two weeks 18 after September 11th? 19 MR. BURNS: That does not cause you to 20 remember by looking at this, does it? 21 BY THE WITNESS: 22 A. No. 23 BY MR. NOVACK: 24 Q. Do you remember saying this to the
Page 57
August 29, 2013 5760

Page 59
1 I wonder who is going to be the restaurant 2 operator? 3 A. No. 4 Q. You came to learn who the restaurant 5 operator was, though, at some point? 6 MR. BURNS: Who got the contract, is that it, 7 Steve? 8 MR. NOVACK: Yeah. 9 MR. BURNS: The guys who got the contract. 10 BY THE WITNESS: 11 A. Yes, after. 12 MR. BURNS: After it was awarded? 13 BY THE WITNESS: 14 A. After it was awarded. 15 BY MR. NOVACK: 16 Q. Okay. Let's focus on that for just a 17 second. Now I am asking you about your own 18 recollections, so I'm not asking you about the 19 group at this point. 20 MR. BURNS: All of these have been his 21 recollection -22 MR. NOVACK: Pardon? 23 MR. BURNS: -- or lack thereof, as the case 24 may be.
1 MR. NOVACK: Right, right, right. 2 BY MR. NOVACK: 3 Q. Just to get us on the same page, you are 4 aware that there is a restaurant in the park today? 5 A. Yes, there is. 6 Q. And you understand that it's being 7 operated by somebody, right? 8 A. (Nodding head.) 9 MR. McERLEAN: Steve, please keep your voice 10 up. 11 BY MR. NOVACK: 12 Q. You know that the restaurant is called 13 The Park Grill? 14 MR. BURNS: The name of it. 15 BY THE WITNESS: 16 A. Yes. 17 BY MR. NOVACK: 18 Q. And that restaurant is operated by an 19 entity in which these two gentlemen here, Matt 20 O'Malley and Jim Horan, are the principals? 21 MR. BURNS: Currently, do you know the deal? 22 BY THE WITNESS: 23 A. Currently, legally if it is? I don't 24 know what has happened.
Page 60
Page 58
1 reporter on or about February 12, 2005? 2 A. I don't recall. 3 Q. Do you deny that you said it? 4 MR. BURNS: He said he doesn't recall. 5 BY THE WITNESS: 6 A. I don't recall. 7 BY MR. NOVACK: 8 Q. Okay. We'll come back to this issue, as 9 well. 10 Did you know at the time when the bids 11 were solicited how many respondents there were? 12 A. I don't recall. 13 Q. Do you recall there was a selection 14 committee formed for the purpose of picking the 15 restaurant operator? 16 A. I don't recall. 17 Q. Who did you think was going to pick 18 the -- who did the group understand was going to 19 pick the restaurant operator? 20 MR. BURNS: Do you recall that process at all? 21 BY THE WITNESS: 22 A. No, I don't recall the process at all. 23 BY MR. NOVACK: 24 Q. Do you recall ever thinking about, Gee,
YVer1f

Page 61
August 29, 2013 6164

Page 63
1 BY MR. NOVACK: 2 Q. I would like to call that entity, the 3 entity that Mr. Horan and Mr. O'Malley are 4 principals in, Park Grill, just so that we can chat 5 about it by using that name. Is that okay? 6 MR. BURNS: That sounds reasonable. 7 BY THE WITNESS: 8 A. I think it is. 9 MR. BURNS: Yeah, sure. 10 BY MR. NOVACK: 11 Q. Let's start with Mr. O'Malley. You have 12 known him for, what, about 15 years? 13 A. I don't know how many years, but I do 14 know him. 15 Q. Do you think that you have known him for 16 more than ten years? 17 A. No. It could be 15, but I know him. 18 Yes, I know him. 19 Q. Did you first meet him after he got the 20 concession for the Firehouse Restaurant? Is that 21 the context in which you first met him? 22 A. I think in or around. I don't know 23 when. It could have been in there. 24 Q. You are familiar with the Firehouse
Page 62
1 A. I don't know if he's done for me 2 personally. Banquets, things like that. 3 Q. Banquets that you have attended? 4 A. Yes. 5 Q. Now, when did you first learn that The 6 Park Grill had expressed an interest in operating 7 the Millennium Park restaurant? 8 A. I don't recall. 9 Q. Do you recall whether it was before or 10 after it actually got the award? 11 MR. BURNS: I think he said earlier it was 12 after. 13 BY THE WITNESS: 14 A. It was after. 15 BY MR. NOVACK: 16 Q. Is that your recollection, it was after? 17 A. That's my recollection. 18 Q. How did you first come to learn that The 19 Park Grill had been the successful bidder for 20 the -21 A. I don't know. 22 Q. -- for the restaurant? 23 A. I don't recall. 24 Q. Do you remember when that was?
1 A. No, I don't. 2 Q. Do you remember how you learned it? Did 3 somebody tell you? Did you go there and see them? 4 MR. McERLEAN: Objection, asked and answered. 5 MR. BURNS: Do you have any recollection of 6 that? 7 BY THE WITNESS: 8 A. No, I don't have any recollection. No. 9 BY MR. NOVACK: 10 Q. Did you learn that The Park Grill had 11 been awarded that concession before or after the 12 concession agreement itself was signed? 13 A. I don't recall. 14 Q. Once you learned that they had been 15 awarded it, though, you anticipated, didn't you, 16 that they would sign some kind of concession 17 agreement? 18 MR. BURNS: Well, what you presumed, do you 19 remember? 20 BY THE WITNESS: 21 A. I wouldn't presume. I wouldn't recall 22 that. 23 MR. BURNS: He doesn't recall the specifics of 24 any of the contract. If that is what you are
Page 64
1 Restaurant? 2 A. Yes. 3 Q. You have eaten there many times? 4 A. I have eaten there, yes. 5 Q. You have had family birthday parties 6 there? 7 A. Family get-togethers. 8 Q. You even hosted a dinner there one time 9 for then-sitting George W. Bush? 10 A. Yes. 11 Q. And that was on his 60th birthday? 12 A. Yes, sure. It wasn't mine. Wish it 13 was. 14 Q. And Jim Horan, you have actually known 15 him longer than O'Malley; is that right? 16 A. I don't know how long I have known Jim 17 Horan. 18 Q. Approximately how long? 19 A. I really don't know. 20 Q. What is the context in which you first 21 came to know Jim? 22 A. He's a caterer. He caters food. 23 Q. Has he done some catering for you or 24 your family?
YVer1f

1 asking, maybe we misunderstood it. 2 BY MR. NOVACK: 3 Q. I'm asking you the specifics of the 4 contract, that you understood that somebody that is 5 going to operate something in a public park 6 pursuant to being awarded a concession award would 7 sign an agreement, wouldn't you? 8 A. It's up to their attorneys. 9 MR. BURNS: He's saying he presumed -- it's up 10 to the attorneys, let them work out the details. 11 BY THE WITNESS: 12 A. It's up to the attorneys. 13 BY MR. NOVACK: 14 Q. I understand that the attorneys will 15 structure the contract. 16 A. Yeah. 17 Q. I just want to know if you understand 18 that entities like The Park Grill that are running 19 operations in a public park would be expected to 20 have a written agreement governing that? 21 A. I would expect so, yeah. 22 Q. And did you assume that somebody within 23 this group, donors, committees, City, Park 24 District, would be negotiating with The Park Grill
1 over the terms of the agreement? 2 MR. BURNS: Do you know -3 BY THE WITNESS: 4 A. No, I wouldn't know. 5 MR. BURNS: -- the process? 6 BY THE WITNESS: 7 A. I don't know the process, but someone 8 would be. 9 BY MR. NOVACK: 10 Q. Who did you understand -- did you 11 understand that somebody within the group was going 12 to be doing some negotiations? 13 MR. BURNS: He just said a moment ago, he 14 doesn't know who it would be, but he presumed they 15 would have that type of discussion. 16 BY MR. NOVACK: 17 Q. Would you expect, sir, that if the Park 18 District issued the bids, collected the bids, made 19 the selections, it would be the Park District that 20 would negotiate that agreement? 21 MR. BURNS: Don't make any assumption unless 22 you have some basis to do it. 23 BY THE WITNESS: 24 A. No.
Page 65
August 29, 2013 6568

Page 67
1 BY MR. NOVACK: 2 Q. Now, let's get back to the questions of 3 these briefings. I'm going to tell you and it's a 4 fact, and if anyone here says it's not, just tell 5 them it is not a fact. 6 It was in October of 2001 that The Park 7 Grill was awarded the concession. Will you accept 8 that representation from me, that -9 MR. BURNS: Let me see if anyone objects. 10 MR. McERLEAN: It was November of 2001 but 11 that time frame. 12 BY MR. NOVACK: 13 Q. Let's say it's October/November 2001. 14 MR. BURNS: All right. 15 BY MR. NOVACK: 16 Q. So I would like you to look at 17 Exhibit 131, which I will hand you in a second. 18 MR. BURNS: He didn't ask you a question. 19 BY MR. NOVACK: 20 Q. And 131 purports to be a document 21 entitled Chicago Park District Briefing with Mayor 22 Richard M. Daley, November 27, 2001, entitled 23 Agenda. Do you see that document? 24 A. Yes.
Page 66
1 Q. Have you ever seen that document before 2 just now? 3 A. No. This is -4 MR. BURNS: Do you recall seeing it? 5 BY THE WITNESS: 6 A. I don't recall it. 7 MR. BURNS: What is the date again, 8 November 1st? 9 THE WITNESS: '01, 27. 10 MR. BURNS: Thank you. 11 BY MR. NOVACK: 12 Q. If you look sort of toward the middle 13 left-hand column, you will see an entry called 14 Millennium Park Ice Skating and Restaurant? 15 A. Yes. 16 Q. Does this refresh your recollection in 17 any way, sir, that you had briefings -- one or more 18 briefing about what was going on in Millennium Park 19 while you were the Mayor? 20 MR. BURNS: I don't think he has denied there 21 may have been briefings. He just doesn't recall 22 specifics, so I don't know in terms of refreshing. 23 BY MR. NOVACK: 24 Q. Do you see the name Laura Foxgrover in
Page 68
YVer1f

1 the right-hand column? 2 A. Yes, I do. Yes. 3 Q. Was she employed by the Park District? 4 A. I believe so. 5 Q. Does that refresh your recollection that 6 the Park District was overseeing the engagement on 7 the ice skating rink and restaurant within 8 Millennium Park? 9 A. I don't recall that it would be. 10 MR. BURNS: Do you recall? 11 BY THE WITNESS: 12 A. I don't recall, but if it says that it 13 is. 14 MR. BURNS: Well, this doesn't say it. He's 15 asking if you recall. 16 BY THE WITNESS: 17 A. No. I just said it says, Ice Skating 18 Rink and Restaurant. 19 MR. NOVACK: Terry, I think you can make 20 objections and the like, but I would kind of like 21 to let the Mayor do the answering of the questions. 22 MR. BURNS: Well, he can. 23 MR. NOVACK: Because you just corrected him, 24 and he's giving the testimony.
Page 69
August 29, 2013 6972

Page 71
1 BY MR. NOVACK: 2 Q. So sometime -- without putting a time 3 frame, do you recall a time when Larry -- do you 4 know who Larry Levy is? 5 A. I mean, there's many Larry Levy's in 6 Chicago. 7 Q. Do you know Larry Levy who has been in 8 the restaurant business for years? 9 MR. BURNS: Does that name -10 BY MR. NOVACK: 11 Q. Well, you don't have to look at -12 MR. BURNS: No, we are not. 13 BY MR. NOVACK: 14 Q. Sir, you are looking at your lawyer to 15 see what the answer is? 16 MR. BURNS: He's not -17 BY THE WITNESS: 18 A. No, I'm not. 19 BY MR. NOVACK: 20 Q. I'm asking you, do you know Larry Levy? 21 MR. BURNS: Don't say anything. And he's not 22 looking to me for answers. So let's be clear, the 23 simple question then is, he's asking you about a 24 Larry Levy.
1 MR. BURNS: No. I asked him if he recalls. 2 BY THE WITNESS: 3 A. I don't recall this. 4 MR. BURNS: So we can be clear on the record. 5 BY MR. NOVACK: 6 Q. So you don't have any reason, of course, 7 to deny that you had this briefing meeting shortly 8 after The Park Grill was granted the award? 9 MR. McERLEAN: Objection to the form of the 10 question, assumes facts not in evidence. 11 MR. BURNS: It's argumentative with him. 12 MR. McERLEAN: That too. 13 MR. NOVACK: I'm not assuming the fact. I'm 14 asking him if he'll deny the fact. 15 MR. BURNS: Well, he said he doesn't recall, 16 so he can't deny something that he doesn't recall 17 nor can he admit it. 18 BY MR. NOVACK: 19 Q. Then is the answer that you can't deny 20 it? 21 MR. BURNS: He said he doesn't recall. 22 BY THE WITNESS: 23 A. I just can't recall. 24
Page 70
1 BY THE WITNESS: 2 A. I know a number of Larry Levys. 3 BY MR. NOVACK: 4 Q. Do you know any Larry Levy that is 5 associated with the restaurant industry? 6 A. I know four or five, many of them that 7 are associated with the restaurant industry, 8 different types of restaurants, individual 9 restaurants, collective. 10 Q. Do you know an entity called the Levy 11 Organization? 12 A. Yes. If that is the one that you are 13 talking about, yes, I know him. 14 Q. I want to ask you about that Larry Levy. 15 Okay? 16 A. Yes. 17 Q. Did there come a time -- and I'll ask 18 you the time frame later, but at any time did Larry 19 Levy say to you that he didn't think it was 20 workable to have a restaurant where The Park Grill 21 Restaurant was going to be located in Millennium 22 Park? 23 A. I don't recall. I don't recall. 24 Q. You don't recall telling Ed Uhlir about
Page 72
YVer1f

Page 73
August 29, 2013 7376

Page 75
1 that conversation? 2 A. No, I don't. 3 Q. Do you recall talking to Jim Horan or 4 Matt O'Malley about that conversation? 5 A. No. 6 MR. BURNS: We are talking about a 7 conversation with Larry Levy? 8 MR. NOVACK: That's correct. 9 MR. BURNS: Do you recall? 10 BY THE WITNESS: 11 A. I don't recall. 12 BY MR. NOVACK: 13 Q. Do you recall Mr. Levy saying to you 14 that the restaurant was too far away from the 15 nearest garbage pickup? 16 A. I don't recall that conversation. 17 Q. Do you recall him saying that you needed 18 special gas cleaning and ventilation to eliminate 19 the odor around the bean? 20 MR. McERLEAN: Steve, I can't hear you now. 21 BY MR. NOVACK: 22 Q. Do you recall him saying that you 23 needed -- that that restaurant would need to get a 24 special gas cleaning and ventilation system to
Page 74
1 President Obama's favorite restaurants? 2 A. No, I didn't hear that. 3 Q. You didn't hear that he brought 4 Mrs. Obama there for Valentine's Day -5 A. No. 6 Q. -- on Air Force One? 7 A. No. 8 MR. BURNS: It must be special then to do all 9 of that. 10 BY THE WITNESS: 11 A. Special. 12 BY MR. NOVACK: 13 Q. Do you believe Larry Levy and the Levy 14 Organization to be at least as competent as The 15 Park Grill? 16 MR. BURNS: I mean, he said earlier he found 17 they were capable. 18 BY MR. NOVACK: 19 Q. Now I'm asking, do you think they were 20 at least as capable as The Park Grill operation? 21 MR. McERLEAN: Objection, foundation. 22 MR. BURNS: Are you able to answer it? He's 23 asking to compare the two, compare Mr. Horan and 24 Mr. O'Malley --
1 eliminate any odors from around the bean? 2 MR. BURNS: He's talking about a conversation 3 with Mr. Levy. 4 BY THE WITNESS: 5 A. No, I don't recall that. 6 BY MR. NOVACK: 7 Q. Do you recall anybody in the world, 8 forgetting about Larry Levy now, ever saying to you 9 that there were problems with putting the 10 restaurant in this particular location? 11 A. I don't recall. 12 Q. Do you know Larry Levy and his company, 13 Levy Organization, to be very capable restaurant 14 operators? 15 A. I believe so. 16 Q. Do you know that they operate some of 17 the finest restaurants and other food services in 18 the Chicago area? 19 A. I don't know where. They could. 20 Q. Do you know the restaurant Spiaggia? 21 A. One -- yeah, a restaurant, sure. 22 Q. Do you know that they operate that? 23 A. Yes. 24 Q. Do you know that that is one of
1 BY THE WITNESS: 2 A. I think they are both good. 3 BY MR. NOVACK: 4 Q. So do you think that Larry and the Levy 5 Organization are at least as competent? Maybe they 6 are more, but are they at least as competent, in 7 your estimate? 8 MR. BURNS: I don't think that he can answer 9 any differently than what he just said, "I think 10 they are both good." 11 BY THE WITNESS: 12 A. They are both good. 13 BY MR. NOVACK: 14 Q. Do you understand Larry Levy and the 15 Levy Organization to be at least as financially 16 sound as The Park Grill? 17 MR. McERLEAN: Objection to foundation. How 18 would he know? 19 BY THE WITNESS: 20 A. I don't know that. 21 BY MR. NOVACK: 22 Q. I would like you to look at Exhibit 343, 23 and this is a news release from the Office of the 24 Mayor, Richard Daley, dated December 17, 2001,
Page 76
YVer1f

1 entitled First Attraction of Lakefront Millennium 2 Park Opens December 20th. 3 Sorry. I want to focus you on the first 4 paragraph first. 5 A. Okay. 6 Q. Does that -- that is the paragraph -7 that confirms that the ice skating rink at 8 Millennium Park was going to have a grand opening 9 on December 20, 2001? 10 A. I believe so. 11 Q. Okay. I'm sorry. 12 MR. BURNS: He was referencing later in that 13 same page, there's a reference to Daniel Burnham. 14 BY THE WITNESS: 15 A. Daniel Burnham. 16 BY MR. NOVACK: 17 Q. That is where it says, The park was 18 inspired by Daniel Burnham's make-no-little-plans 19 vision? 20 A. Correct. 21 Q. Right. And if you will look on the 22 second page, please, underneath those sort of 23 dashes, there's a paragraph that starts, "Other 24 features." Do you see that?
Page 77
August 29, 2013 7780

Page 79
1 tell him. 2 BY MR. NOVACK: 3 Q. So by no later than December of '01, is 4 it fair to say that you knew there was going to be 5 a restaurant at that particular location but you 6 did not know who was going to operate it? 7 A. I don't recall. 8 MR. BURNS: He knows you don't recall. 9 Holding that contract, he's asking you, based upon 10 this, was there an understanding, whoever was going 11 to be there, there was a planned restaurant? 12 BY THE WITNESS: 13 A. Yes. It says, "Will include a 14 full-service restaurant just east of the ice rink." 15 It says then, "A three-block-long promenade." 16 BY MR. NOVACK: 17 Q. Then if you turn a couple pages to a 18 page that has 7940 as the number at the bottom of 19 it. It says, Mayor Richard M. Daley will 20 officially open the ice rink on Thursday, 21 December 20th. Then it says at 6:45 a.m. you would 22 cut the ribbon? 23 A. Yes, i see that. 24 Q. Does that refresh your recollection that
1 you did that? 2 A. No, it doesn't refresh it, but I hope I 3 was there. 4 Q. Okay. You didn't do any of the ice 5 skating, did you? 6 A. No, I didn't. 7 Q. Now, at some point, sir, didn't you 8 become disappointed in how long it was taking to 9 get the concession agreement from Park Grill 10 signed? 11 MR. McERLEAN: Objection, foundation. 12 MR. BURNS: Do you remember? 13 BY THE WITNESS: 14 A. I don't remember. I don't recall. 15 BY MR. NOVACK: 16 Q. Well, let me see if I can refresh your 17 memory. Do you remember talking with Matt O'Malley 18 at the Firehouse, when you were there for lunch one 19 day -- and to get a time frame here, the concession 20 agreement -- and this is a fact. Again, if I say 21 it wrong, somebody will tell you. 22 The concession agreement itself was 23 signed in February of 2003. 24 MR. McERLEAN: That's fine. Just keep your
1 And it says, "Other features of 2 Millennium Park will include a full-service 3 restaurant just east of the ice rink and a 4 three-block-long promenade for art fairs and other 5 temporary attractions." Do you see that? 6 A. Yes, I do. 7 Q. By that time, when your office issued 8 the announcement to the public that there would be 9 such a restaurant, did you know that Park Grill was 10 going to be operating that restaurant? 11 A. I wouldn't recall. 12 Q. Did you attend the opening of the ice 13 rink? Do you remember? 14 A. I don't remember, but I don't know if it 15 was the -16 Q. Do you remember a ribbon cutting for the 17 opening of the ice rink that year? 18 MR. BURNS: This is the year. 19 BY THE WITNESS: 20 A. 2001? 21 MR. BURNS: If you remember. 22 BY THE WITNESS: 23 A. I don't remember. 24 MR. BURNS: That's fine. If you don't, just
Page 78
Page 80
YVer1f

1 voice up though, please. 2 MR. NOVACK: Okay. 3 BY MR. NOVACK: 4 Q. And I'm asking you, sir, to try to 5 pinpoint that time period, if you can, and if you 6 can't, we'll ask it without the time frame. 7 When you were at lunch at the Firehouse 8 and you asked Matt, What is the status of the 9 concession agreement -10 A. I don't recall. 11 Q. Without regard to a time frame, do you 12 recall a time, any time when you talked to Matt and 13 said to him, What is going on with the concession 14 agreement? 15 A. Not specifically, no. 16 Q. Generally do you recall that? 17 A. Could be. 18 Q. Let me see if I could refresh it by 19 suggesting to you that Matt's response was, The 20 lawyers are holding things up. Does that refresh 21 your memory in any way? 22 A. No. 23 Q. And you asked him, What lawyers are you 24 referring to? Do you recall that?
1 A. No, I don't recall. 2 Q. And Mr. O'Malley said it was the Park 3 District lawyers that were holding it up? 4 A. I don't recall. 5 Q. Do you recall ever being concerned about 6 the time it was taking to get the restaurant in 7 place so that it could open up? 8 A. No, I don't recall. 9 Q. Let me ask you to look at Exhibit 117, 10 if you would. I will hand it to you in a moment. 11 And this document purports to be a 12 memorandum to Sheila O'Grady, chief of staff, John 13 Doerrer, director of intergovernmental affairs, and 14 Tim Mitchell, chief of infrastructure, from Joe 15 Cini, director of intergovernmental and community 16 affairs, dated July 29, 2002. 17 And after -- whenever you are ready, I'm 18 going to direct your attention to what is called 19 Item No. 3 on the first page, Millennium Park 20 Restaurant. 21 A. Okay. 22 Q. And in that paragraph, there's a 23 description generally of some of the business terms 24 of the permit agreement that was going to be
Page 81
August 29, 2013 8184

Page 83
1 submitted to the committee at the Park District. 2 Do you see that identified there? 3 A. Yes. 4 Q. While you were Mayor, was it the regular 5 practice of the Park District to submit to Sheila 6 O'Grady, your chief of staff, the business terms of 7 things that were going to be presented to the board 8 committee for approval? 9 A. I don't -- I wouldn't recall. 10 Q. Did Sheila O'Grady customarily tell you 11 what those business terms were? 12 A. I don't recall. 13 MR. BURNS: He's talking about this contract. 14 BY THE WITNESS: 15 A. This contract. I don't recall. 16 BY MR. NOVACK: 17 Q. Do you recall ever seeing this document? 18 A. I don't recall this. 19 Q. Do you recall Sheila O'Grady ever 20 telling you about the business terms of The Park 21 Grill concession agreement? 22 A. I don't recall. 23 Q. Do you recall her ever telling you about 24 the proposed terms that were contemplated to be
1 entered into? 2 A. I don't recall. 3 Q. Did she come to you for approval of 4 those terms? 5 A. I don't recall. 6 Q. Do you recall her ever coming to you for 7 approval of any concession agreement at Millennium 8 Park? 9 A. I don't recall any. 10 Q. Now, when the park was being designed -11 strike that. 12 When the restaurant was being designed, 13 do you recall that you were being briefed about the 14 design of the restaurant? 15 A. I don't recall. 16 Q. Do you recall Mr. Horan and Mr. O'Malley 17 coming to your office and showing you renditions of 18 what the interior of the restaurant was going to 19 look like? 20 A. They could have. I wouldn't recall. 21 They could have. 22 Q. Do you recall giving your input? 23 A. I don't recall. 24 Q. Do you recall asking them to move the
Page 84
Page 82
YVer1f

Page 85
August 29, 2013 8588

Page 87
1 bar from the front of the restaurant to the back of 2 the restaurant because you thought that would be 3 more family friendly? 4 A. I don't recall. 5 Q. Do you think it's more family friendly 6 for a park, like Millennium Park, to have a bar in 7 the back of a restaurant rather than the front? 8 MR. BURNS: Objection, lack of foundation. I 9 mean what his view is -10 BY THE WITNESS: 11 A. I don't recall. 12 MR. BURNS: -- is irrelevant. 13 BY MR. NOVACK: 14 Q. Does me asking you these questions 15 refresh your recollection that that is what you 16 suggested -17 A. I don't recall. 18 Q. -- to these people? 19 A. I don't recall. 20 Q. Do you recall that toward the fall of 21 2003, that you were pushing to get the restaurant 22 opened? 23 A. I don't recall. 24 Q. Do you recall ever having any views on
Page 86
1 saying to you that that would be very difficult to 2 open the restaurant without a liquor license? 3 A. I don't recall. 4 Q. Do you recall that you actually attended 5 the announcement of the opening of the restaurant? 6 A. I don't recall if I did or not. 7 Q. Okay. I'll show you another exhibit. 8 It's going to be 347. 347 is a picture of a bunch 9 of people standing in front of some buildings. Do 10 you recognize yourself in that picture? 11 A. It's kind of blurry. I guess it's me, 12 if it is. 13 MR. BURNS: At the podium. 14 BY MR. NOVACK: 15 Q. You don't recall if that's you? 16 A. No. I'm just saying it's blurry. 17 Q. But is it you, sir? 18 A. I hope so, yeah. 19 Q. Do you recognize Mr. O'Malley in that 20 picture? 21 A. Yes, there he is. 22 Q. Do you recognize Mr. Horan? 23 A. He's adjacent to him, if that is him. 24 Q. Yes, that is him. In fact, I'll show
1 you another picture -- in fact, let me just -2 A. These are kind of blurry. 3 Q. These are copies of pictures. I get 4 that. Nobody is trying to trick you. Let me show 5 you Exhibit 361, which is another picture on the 6 same day that might be a little clearer, 7 particularly for Mr. Horan. Is it? 8 A. Yeah. 9 Q. You now recognize Mr. Horan being there? 10 A. Yes. 11 Q. And just so we can get some more 12 identification -- I'm sorry. 13 MR. BURNS: That's okay. 14 MR. NOVACK: Can I move this here? 15 MR. BURNS: Absolutely. Go ahead. 347 and 16 361 are the two that I have. 17 MR. McERLEAN: This one is 361, correct? 18 MR. NOVACK: Where is the one with the holes? 19 Can I have that back? That is the same one. I 20 just want to put this back in my book. 21 BY MR. NOVACK: 22 Q. So Mr. O'Malley is on the right, as you 23 are looking, and Mr. Horan is next to him? 24 A. Yes.
Page 88
1 when the restaurant should open? 2 A. I don't recall. 3 Q. Do you recall that in the fall of '03 4 the restaurant did not yet have a liquor license? 5 A. I don't recall. 6 Q. Do you recall them telling you that it 7 would be very difficult to open the restaurant -8 MR. McERLEAN: I could not even hear your 9 question. 10 BY MR. NOVACK: 11 Q. The question was, do you recall that in 12 the fall of 2003, that the restaurant did not yet 13 have a liquor license? 14 MR. BURNS: And he said he didn't recall that. 15 BY THE WITNESS: 16 A. I don't recall that. 17 BY MR. NOVACK: 18 Q. I was just repeating the question for 19 his benefit. I was not trying to get him to change 20 his answer. 21 A. No. I just said, I don't recall. 22 MR. BURNS: Okay. 23 BY MR. NOVACK: 24 Q. Do you recall Mr. O'Malley or Mr. Horan
YVer1f

Page 89
August 29, 2013 8992

Page 91
1 Q. And in Exhibit 347 you are the one at 2 the podium? 3 A. Yes. 4 Q. Who are the people -- in the picture 5 where you are at the podium, who is behind you to 6 your right there? 7 A. O'Malley. 8 Q. Those three people? No, no, the other 9 direction. 10 MR. BURNS: To your right. This guy here? 11 MR. NOVACK: Yeah. 12 MR. BURNS: The fellow with the moustache? 13 MR. NOVACK: Correct, standing next to a 14 woman. 15 BY THE WITNESS: 16 A. It could be the Park District 17 commissioner. I'm not sure. It could be him. 18 BY MR. NOVACK: 19 Q. Do you recognize the woman? 20 A. It's not a clear enough picture. I 21 don't know who it is. 22 Q. Is it clearer in the other one maybe? 23 A. She's not in there. 24 Q. She's hidden by you.
1 A. Right. 2 Q. So let's forget about her. Is Mr. David 3 Doig next to the woman? 4 A. Yeah, that's David. 5 Q. Mr. David Doig is the person at the 6 podium, and the podium in Exhibit 361. 7 MR. BURNS: This is Doig here, he's at the 8 podium? 9 BY THE WITNESS: 10 A. Yes. The other person, it's not clear 11 enough to see her face. 12 MR. BURNS: That is in 347? 13 BY MR. NOVACK: 14 Q. That's okay. Frankly -15 A. It could be -16 Q. I don't care who she is right now. 17 A. We could figure it out. 18 Q. I don't want to spend any more time. 19 And the podium at which you are speaking 20 in the first of those two exhibits, 347, and 21 Mr. Doig is speaking in the second of the two, in 22 361, the emblem on there is Chicago Park District, 23 correct? 24 A. Yes, it is.
Page 90
1 Q. And you are there, aren't you, for the 2 opening of the ice rink and the restaurant for that 3 year -- the ice rink being open for that year and 4 the restaurant being open for the first time? 5 A. I don't know what it was for but -- I 6 don't recall. 7 Q. Do you remember that there was an 8 emblem, like a banner? It is vague here but a 9 banner on top of the restaurant? 10 A. I don't see it. I can't make it out. 11 Q. Why were Mr. O'Malley and Mr. Horan 12 there? 13 MR. McERLEAN: Objection to the form of the 14 question. 15 MR. BURNS: Do you know why -- you don't even 16 know what the event is. 17 BY THE WITNESS: 18 A. I can't recall what the event is. 19 BY MR. NOVACK: 20 Q. Is it your understanding that they were 21 there because they were owning the restaurant? 22 MR. BURNS: Do you know? 23 BY THE WITNESS: 24 A. I don't know.
1 BY MR. NOVACK: 2 Q. Do you think they were just there 3 randomly? 4 MR. BURNS: Well, don't argue. He said he 5 doesn't know why they were there. 6 BY MR. NOVACK: 7 Q. Let's see if we can refresh your memory 8 on that. Let's go to Exhibit 344, which is the 9 Chicago Park District's news release dated 10 December 6, 2003, announcing that -- announcing 11 that Mayor Daley and the Park District opened the 12 ice rink in Millennium Park. 13 Does that refresh your recollection that 14 one of the reasons that you were there is because 15 the Park District was opening the ice rink? 16 MR. BURNS: Are you saying this photograph? 17 MR. NOVACK: No, the news release. 18 MR. BURNS: The news release, definitely you 19 agree. That is what it says. 20 BY THE WITNESS: 21 A. Well, it says what it says. 22 BY MR. NOVACK: 23 Q. That is 2003, right? 24 A. Yeah.
Page 92
YVer1f

1 Q. And I'll tell you another fact is that 2 the restaurant opened in late November of 2003. 3 MR. NOVACK: Is that a fact you can confirm, 4 sir? 5 MR. McERLEAN: Sure. 6 BY MR. NOVACK: 7 Q. So do you remember being in the park, 8 participating in the festivities, even speaking at 9 the opening of the ice rink for 2003? 10 A. No, I don't recall but -11 MR. BURNS: That's fine. You have answered. 12 BY MR. NOVACK: 13 Q. And if you turn the page of that, this 14 same exhibit, look at the top paragraph on the next 15 page. That is describing The Park Grill, is it 16 not, calling it the newest venture of 17 restauranteurs Jim Horan and Matt O'Malley? 18 A. Yeah, that is what it says. 19 Q. So you understand that at this time, the 20 Park District was announcing in its news release 21 the opening of its restaurant and ice rink 22 facilities for 2003? 23 A. That is what it says. 24 Q. Then if you look, please, at Exhibit 345
1 that I'm about to hand you and which purports to be 2 a document entitled Chicago Park District, General 3 Superintendent David Doig, Friday, December 5, 4 2003, Ribbon Cutting at McCormick Tribute Ice Rink, 5 Millennium Park, Saturday, December 6, 2003, at 6 10:00 a.m. Do you see that? 7 A. Yes. 8 Q. And if you -- and down from the heading, 9 there's a section called Acknowledgments, and 10 apparently the acknowledgments Mr. Doig was going 11 to make were to Mayor Richard M. Daley, the 12 speaker. That is you, right? 13 A. That is me. 14 Q. Alderman Burton Natarus, is that the 15 alderman for the area in which that is located? 16 A. Yes. 17 Q. And then it has Matthew O'Malley and Jim 18 Horan? 19 MR. BURNS: It does. 20 BY THE WITNESS: 21 A. It does, yeah. 22 BY MR. NOVACK: 23 Q. And other than them being the owners of 24 the restaurant that the news release described, can
Page 93
August 29, 2013 9396

Page 95
1 you think of any reason that they were there at 2 this opening? 3 MR. BURNS: Do you know? Don't speculate. If 4 you know. 5 BY THE WITNESS: 6 A. I don't know. 7 BY MR. NOVACK: 8 Q. So is it your understanding that when 9 you were there as a speaker and they were standing 10 behind you and being acknowledged, it was because 11 they were the owners of the restaurant? 12 A. Yes. 13 Q. Okay. So you knew no later than 14 December 6, 2003, that The Park Grill was the 15 operator of The Park Grill Restaurant in Millennium 16 Park, correct? 17 A. I don't recall. 18 Q. Well, doesn't that indicate that to you, 19 that no later than that -20 A. It would indicate, yeah. 21 Q. Do you know how long -- using that now 22 as a time marker, how long prior to that was it 23 that you learned that they were the operators? 24 A. I wouldn't recall.
1 Q. Did you show up at this event to give a 2 speech and saw them and said, What the heck are you 3 guys doing here? And they told you they own the 4 restaurant, and that is the first time you knew 5 that? 6 MR. McERLEAN: Objection to the form of the 7 question. 8 BY THE WITNESS: 9 A. I don't recall. 10 BY MR. NOVACK: 11 Q. Did that happen? 12 MR. BURNS: He's asking you if you showed 13 up -14 BY MR. NOVACK: 15 Q. In other words, is it your testimony 16 that the first time you knew they were associated 17 with the restaurant was that day? 18 MR. BURNS: Asked and answered before. 19 BY THE WITNESS: 20 A. I don't know what I knew. 21 MR. BURNS: He said he doesn't recall. 22 BY THE WITNESS: 23 A. I just don't recall. 24
Page 94
Page 96
YVer1f

1 BY MR. NOVACK: 2 Q. Do you understand then that you knew it 3 before that day? 4 MR. BURNS: He said he doesn't recall. 5 BY THE WITNESS: 6 A. I don't recall. 7 BY MR. NOVACK: 8 Q. But you don't recall being surprised to 9 see them there, correct? 10 MR. BURNS: He doesn't recall the event. 11 BY THE WITNESS: 12 A. I don't recall. 13 MR. NOVACK: Well, why are you answering? 14 BY THE WITNESS: 15 A. I don't recall. 16 MR. BURNS: I'm objecting because you keep 17 asking the same question. 18 MR. NOVACK: No, you didn't object. You 19 answered. 20 BY THE WITNESS: 21 A. I just don't recall. 22 MR. NOVACK: I have been patient. And you are 23 a nice guy, and I like to be a nice guy, and the 24 witness is a nice guy.
1 MR. BURNS: And I imagine you are, very much 2 so. 3 MR. NOVACK: But you shouldn't be answering for 4 him. 5 MR. BURNS: I'm not answering for him. He's 6 been answering, telling you he doesn't recall the 7 specifics. 8 MR. NOVACK: The judge will get to read this 9 and make his own decisions. 10 MR. BURNS: I'm sure he will. 11 BY MR. NOVACK: 12 Q. At some point then, sir, while you were 13 the Mayor, you expected The Park Grill to operate 14 that restaurant, right? 15 MR. BURNS: Object to the form. 16 BY MR. NOVACK: 17 Q. At some point? 18 MR. BURNS: "Expected," I object to that. 19 BY MR. NOVACK: 20 Q. It was your expectation -21 A. Whoever has the contract -22 Q. It was your expectation -23 A. Whoever has a contract, has to execute 24 the contract.
Page 97
August 29, 2013 97100

Page 99
1 Q. So you expected they would? 2 MR. BURNS: No, he's -3 BY MR. NOVACK: 4 Q. Did you want them -- did the group -5 MR. BURNS: Let's take a break. He didn't 6 finish the answer. We seem to be rushing now to 7 get through, but let's take our time. 8 He told you what his answer was, so just 9 so it's clear for the record, that whoever had the 10 contract -11 MR. NOVACK: No, no. Let her read the answer 12 back, not you. 13 MR. BURNS: That's okay. 14 MR. NOVACK: If you want that read back for 15 some reason. I don't know why we have to do that. 16 BY THE WITNESS: 17 A. Anybody that has a contract, they 18 execute their own contract. That is what I said. 19 BY MR. NOVACK: 20 Q. So it would be your normal expectation, 21 knowing that they had the contract, that they would 22 operate the restaurant, correct? 23 A. Anyone who has a contract. 24 Q. Okay. Including them?
Page 98
Page 100
1 A. Them included. Everyone that has a 2 contract. 3 Q. And, sir, you did not object to that, 4 did you? 5 MR. BURNS: Objection to the relevance -- I 6 mean, whatever that means, objection. 7 MR. McERLEAN: Foundation. 8 BY MR. NOVACK: 9 Q. Did you have any objection to them 10 operating the restaurant at the park? 11 A. I couldn't answer that. 12 Q. Well, only you can, sir. Did you, 13 internally or externally, at any point have an 14 objection to them? 15 A. I do not object to anyone that has a 16 contract with the City. 17 Q. So you were okay with it as long as they 18 have the contract? 19 A. No. I said I don't object. 20 Q. You don't object, and you didn't object 21 in this case, correct? 22 A. I said I don't have any objection when 23 someone gets a contract through public bidding. 24 Q. And in this case you did not express any
YVer1f

1 objection to anyone ever about them operating that 2 restaurant; is that correct? 3 A. I don't express to anyone about any 4 contract. 5 Q. Including this contract? 6 A. Including any of them. 7 MR. BURNS: Do you mind if we take a little 8 break here again? 9 MR. NOVACK: No, not at all. 10 MR. BURNS: Thank you again. 11 (WHEREUPON, a recess was had.) 12 BY MR. NOVACK: 13 Q. Mr. Daley, I noticed you out in the hall 14 talking to Mr. McErlean. Did you talk about this 15 case in any way? 16 A. No. No, we didn't. 17 Q. Your testimony? 18 A. No. 19 Q. This deposition? 20 A. No. 21 Q. I want you to look at Exhibit 346, which 22 I have placed in front of you already, and that 23 appears to be a liquor license signed by you for 24 The Park Grill dated February 4, 2004. Can you
1 identify that document for us, please? 2 MR. BURNS: Read what it is. 3 BY THE WITNESS: 4 A. City of Chicago, License Certificate, 5 Nontransferable, By the authority of the City of 6 Chicago, the following the specified license hereby 7 granted to Millennium Park Joint Venture, LLC, The 8 Park Grill, 11-35 North Michigan, Chicago, 9 Illinois. 10 BY MR. NOVACK: 11 Q. You don't have to read every word. 12 A. Yeah. 13 Q. And you signed that liquor license? 14 MR. BURNS: Well, you didn't sign but -15 BY MR. NOVACK: 16 Q. Well, you don't have to look at him. I 17 have asked you a question -18 MR. BURNS: When you sign it -19 BY THE WITNESS: 20 A. This -21 MR. BURNS: There's confusion. 22 BY THE WITNESS: 23 A. -- is a stamped signature. 24
Page 101
August 29, 2013 101104

Page 103
1 BY MR. NOVACK: 2 Q. Well, just say that. I don't think you 3 need a lawyer to help you do that. 4 MR. BURNS: He's not looking at me. 5 MR. NOVACK: Are you saying that he did not 6 look at you just now? 7 MR. BURNS: Let's not have this debate and go 8 on. If that is going to be an issue, we will deal 9 with it with the Court. 10 MR. NOVACK: The record is going to show that 11 that has been going on this whole time. 12 BY THE WITNESS: 13 A. The stamped signature right here. 14 BY MR. NOVACK: 15 Q. Is that your signature, sir? 16 A. That is my stamped signature. 17 Q. Did you authorize that stamp to be on 18 that document? 19 A. According to law, yeah. 20 Q. And you did so as the liquor 21 commissioner for the City of Chicago? 22 A. As Mayor of the City of Chicago. 23 Q. As the liquor commissioner for the City 24 of Chicago?
Page 102
1 Were you -- let me ask you, while you 2 were the Mayor, were you also the local liquor 3 control commissioner? 4 MR. BURNS: May I? You are referring to the 5 license itself? I think he's referring to -6 MR. NOVACK: No. I'm asking him a question. 7 BY MR. NOVACK: 8 Q. You don't even have to look at the 9 document. It's a factual question. 10 A. I want to look at the document. Issued 11 by the Mayor, as the local liquor control 12 commissioner, this document. 13 Q. Yeah, I can read that too. 14 Now I'm asking you, were you the local 15 control -- were you the local liquor control 16 commissioner? 17 A. Yes. I was the Mayor, as the local 18 liquor commissioner, May 15, 2004. 19 Q. Okay. And you knew that liquor license 20 was for The Park Grill, correct? 21 A. I'm reading it now. It says that. 22 Q. Did you ever express any objection to 23 anybody in the world about the fact that this 24 liquor license was issued to The Park Grill?
Page 104
YVer1f

Page 105
August 29, 2013 105108

Page 107
1 A. I don't recall. I don't recall. 2 Q. One way or the other? 3 A. One way or the other. 4 Q. Did you have any objection to issuing 5 that liquor license? 6 A. I don't recall. 7 Q. Do you think you would have issued it, 8 if you had an objection? 9 MR. BURNS: Don't speculate. 10 BY MR. NOVACK: 11 Q. Would you have issued a liquor license 12 if you had an objection to doing so? 13 A. A personal objection? 14 Q. An objection, first of all, as the local 15 liquor control commissioner. 16 A. It would be up to the commissioner that 17 deals with the liquor licenses. 18 Q. Who is that? 19 A. At this time, I could not recall who it 20 was. 21 Q. You weren't, the Mayor? 22 A. No. 23 MR. BURNS: He's talking about the -- go 24 ahead.
1 BY THE WITNESS: 2 A. The process. I don't sit there and 3 issue a liquor license on a daily basis. The 4 department -5 BY MR. NOVACK: 6 Q. People do that with your authority? 7 A. The Department of the Liquor 8 Commissioner handles -- the Liquor Commission 9 handles the process, the legal process of issuing 10 liquor licenses. 11 Q. And do they have the authority of -- did 12 they have your authority to do that? 13 A. Under the law, they have authority by 14 the City of Chicago to do that, by law, rule, and 15 regulation. 16 Q. The regulation gives them the authority 17 to sign your name, or did you give them the 18 authority to do that? 19 A. It gives them the authority to process 20 and to make recommendations in regards to liquor 21 licensing. 22 Q. And who is this recommendation made to? 23 A. Basically, the liquor commissioner. 24 Q. And who is that?
Page 106
1 MR. BURNS: Objection, asked and answered. 2 BY MR. NOVACK: 3 Q. It was you, wasn't it? 4 A. It says there. 5 Q. Okay. So if they made the 6 recommendation to you, you approved that 7 recommendation? 8 A. It would be approved by the deputy in 9 charge first, and I would sign this. They would 10 sign my name. 11 Q. Did you ever tell that deputy not to 12 sign that liquor license? 13 A. I wouldn't recall. 14 Q. One way or the other? 15 A. One way or the other. 16 Q. Is it safe to assume that if he signed 17 it, you didn't object to it? 18 A. If the commission makes a recommendation 19 and he signs it, it would be to follow the law -20 they would follow the law. 21 Q. As Mayor would you have expected that if 22 you made an objection and told them not to sign it, 23 you would have expected them to follow that 24 direction?
1 A. There would have to be a legal reason 2 for that. I would not know that. There has to be 3 a legal reason. I just can't -4 Q. Did the City Council amend the liquor 5 ordinance to allow for a liquor license at that 6 location in Millennium Park for the restaurant? 7 A. I wouldn't recall. 8 Q. One way or the other? 9 A. One way or the other, yes. 10 Q. Did you ever have any discussions with 11 anyone at the City Council about the liquor license 12 for The Park Grill? 13 A. No, I don't recall. 14 Q. Did you ever have any discussions with 15 anybody from the City Council about amending the 16 liquor ordinance to allow for the liquor license? 17 A. I don't recall. 18 Q. Did you ever hear from anyone else how 19 that amendment came to be? 20 A. No, I don't recall. 21 Q. Did you ever hear from anyone else -22 strike that. 23 Would it be your expectation that 24 somebody that was granted a liquor license would
Page 108
YVer1f

1 use that liquor license in the location that it was 2 authorized? 3 MR. BURNS: Object to the form of the 4 question, what his expectations are in use of the 5 license. 6 BY MR. NOVACK: 7 Q. Was it your understanding that in 8 operating The Park Grill Restaurant from and after 9 the date that they got the liquor license, that The 10 Park Grill Restaurant would serve liquor? 11 A. If anybody had a liquor license, would 12 have -- could serve liquor under the law. 13 Q. Do you recall meeting with Mr. Horan and 14 Mr. O'Malley wherein they told you that -15 MR. McERLEAN: Steve, I can't hear you. 16 BY MR. NOVACK: 17 Q. Do you recall a meeting with Mr. Horan 18 and Mr. O'Malley in which they told you that they 19 were having a problem getting a particular event 20 approved? 21 A. No, I don't recall. 22 Q. Do you recall a meeting with Mr. Horan 23 or Mr. O'Malley in which you called Jim Law into 24 the office to answer a question?
Page 109
August 29, 2013 109112

Page 111
1 BY MR. NOVACK: 2 Q. I'm going to ask you to take a look at 3 it, as long as it takes for you to answer the 4 question, which is, do you recall this article? 5 A. No, I don't recall this article. Sorry. 6 Q. Do you recall that there was an article 7 that came out in the Chicago Sun-Times that 8 accused -- or that asserted that there was clout -9 political clout used by friends of you, Mr. Daley, 10 for Park Grill to have gotten the restaurant 11 concession in Millennium Park? 12 A. No, I don't recall. 13 Q. That didn't affect you in any way -14 A. No. 15 Q. -- that you would remember it? 16 MR. BURNS: Objection. He says he doesn't 17 recall it. 18 BY THE WITNESS: 19 A. I just don't recall. 20 BY MR. NOVACK: 21 Q. Do you recall that you answered 22 questions about the matters that were stated in 23 that article? 24 A. I don't. I don't recall but -1 Q. Do you remember that people that 2 reported to you knew this article was coming out a 3 couple days before it came out? Do you remember 4 that? 5 A. No, I don't. I don't recall. 6 Q. Do you remember directing Sheila O'Grady 7 to call Matt O'Malley to ask him about who the 8 investors were? 9 A. No, I don't recall. 10 Q. One way or the other, sir? 11 MR. BURNS: He's asking, do you recall. 12 BY THE WITNESS: 13 A. I don't recall. 14 BY MR. NOVACK: 15 Q. One way or the other? 16 A. One way or the other. 17 Q. Please look at Exhibit -- keep that 18 handy. Look at 149, and 149 is a letter dated 19 February 9, 2005, addressed to Mr. O'Malley and 20 Mr. Horan from Mara Georges, corporation counsel. 21 I'm first going to ask you if you recall 22 seeing that letter before today? 23 A. No, I don't recall seeing this letter. 24 Q. Do you recall ever being -- ever knowing
Page 112
1 A. No, I don't recall. 2 Q. One way or the other? 3 A. One way or the other. 4 Q. Let me ask you this, do you recall any 5 conversations or meetings with either Mr. Horan or 6 Mr. O'Malley about the restaurant? 7 A. I don't recall. 8 Q. One way or the other? 9 A. One way or the other. 10 Q. Do you recall any conversations with 11 either of them about the restaurant? 12 A. I don't recall. 13 Q. One way or the other? 14 A. One way or the other. 15 Q. Please look at Exhibit 363, which is 16 about to be handed to you, and this is a copy of a 17 Chicago Sun-Times article dated February 11, 2005, 18 by Tim Novak, Steve Warmbir, Robert Herguth, and 19 Mark Brown. 20 MR. McERLEAN: What is the number? 21 MR. NOVACK: It's 363. 22 MR. BURNS: I'm sorry. What was the date of 23 this one? 24 MR. NOVACK: February 11, 2005.
Page 110
YVer1f

1 that Mrs. Georges was going to send the letter to 2 Mr. O'Malley and Mr. Horan -3 A. No. 4 Q. -- at any time? 5 A. I don't recall. 6 Q. Do you remember that there was an 7 occasion when the City and The Park Grill engaged 8 in discussions about a possible renegotiation of 9 The Park Grill concession agreement? 10 A. I don't recall. 11 Q. One way or the other? Okay. 12 Now, the newspaper article alleged that 13 The Park Grill got the concession because friends 14 of yours were among the investors. Did you agree 15 with that at the time? 16 A. What? 17 MR. McERLEAN: Object to the form of the 18 question. 19 BY MR. NOVACK: 20 Q. Did you agree -21 MR. BURNS: Let him finish and then let's -22 BY MR. NOVACK: 23 Q. At any time did you believe that The 24 Park Grill got its concession because of political
Page 113
August 29, 2013 113116

Page 115
1 BY THE WITNESS: 2 A. I don't know. 3 BY MR. NOVACK: 4 Q. You don't know. Now I want to ask the 5 question that you have not answered, sir. 6 A. What is that? 7 Q. At any time up to and including today, 8 have you ever believed that The Park Grill got its 9 concession through political clout? 10 A. I don't think that -- they followed the 11 law, and if they received the contract, they 12 followed the law. 13 Q. So is the answer, no, you don't believe 14 that it came through political clout? 15 A. I just don't -16 MR. BURNS: He has answered. 17 BY THE WITNESS: 18 A. I believe they followed the law. 19 BY MR. NOVACK: 20 Q. You believe they followed the law? 21 A. They followed the law and they followed 22 the process to get this contract. 23 MR. McERLEAN: I'm sorry. Could I have that 24 question and answer read back?
1 (WHEREUPON, the record was read by 2 the reporter.) 3 BY MR. NOVACK: 4 Q. Okay. I understand that is your belief. 5 A. Yes. 6 Q. Do you believe -- have you ever believed 7 that they got the contract through political clout, 8 yes or no? 9 MR. BURNS: If you know. You don't -10 BY THE WITNESS: 11 A. I don't -- I don't know. 12 BY MR. NOVACK: 13 Q. One way or the other? 14 A. I don't know. 15 Q. Do you think there was anything improper 16 about how The Park Grill got this contract? 17 A. I wouldn't know. 18 Q. Now I want you to look at Exhibit 348. 19 Does he have 348? 20 MR. BURNS: I don't think he has -21 MR. NOVACK: Does he have 348? 22 MR. BURNS: I don't think he does. 23 MR. NOVACK: The Fran Spielman article, do you 24 remember?
Page 116
Page 114
1 clout? 2 MR. BURNS: Objection. You asked and he 3 answered that earlier. 4 MR. NOVACK: No, I have not asked it. Let's 5 just have him answer it. And if you are right, the 6 question and answer won't mean a thing. 7 BY THE WITNESS: 8 A. Anyone would have to follow the legal 9 requirements under the law, whoever handled the 10 issue, legal requirements. 11 BY MR. NOVACK: 12 Q. My question to you, sir, is, at any time 13 did you -- through and including today, did you 14 believe that The Park Grill got its concession 15 agreement through political clout? 16 A. Everyone would have to follow the law in 17 the process of getting a contract with any 18 government agency. 19 Q. Did they follow the law? 20 MR. McERLEAN: Objection. 21 BY MR. NOVACK: 22 Q. Do you know? 23 MR. McERLEAN: Objection, calls for a legal 24 conclusion.
YVer1f

1 MR. BURNS: 344, 347, 361. 2 MR. FLEMING: February 12th. 3 MR. BURNS: Let me just use yours for 4 convenience. 5 BY MR. NOVACK: 6 Q. In the article of February 11th, which 7 was 363 -- could you give him that one, too, 8 because these two relate to each other. Yes. 9 So let's just touch base on this one 10 first. This article, basic theme of that article 11 is that The Park Grill got a sweetheart deal. That 12 is what the article says in substance on 13 February -- that was February 11th. 14 The next day you gave an interview 15 responding to those allegations. Do you recall 16 giving that interview? 17 A. I don't recall. 18 Q. Please look again at Exhibit 348. So 19 this is an article that has your picture in it, has 20 your quotes in it. Do you recall it? 21 A. I don't recall it. 22 Q. But do you recall the event that the 23 newspaper article comes out and says, There's a 24 sweetheart deal, and you met the press to address
1 those charges? Do you recall doing that? 2 A. I know I would have a press conference. 3 That would be an average press conference. I had 4 three or four press conferences a week. They asked 5 any questions they wanted. The press would ask any 6 question. It's an open press conference. 7 Q. Do you recall that you were prepared for 8 this one, with talking points? 9 A. I don't know if I had that. 10 Q. Let me show you Exhibit 342, and keep 11 those two exhibits in front of you at the same 12 time. Let's look at Exhibit 342. 13 MR. BURNS: He's going to give you another one 14 now. 15 BY MR. NOVACK: 16 Q. This is going to be a third exhibit that 17 I'm going to ask you to look at. And for the 18 record, this document is a document that has the 19 legend, Talking Points for Mayor Richard M. Daley, 20 Park Grill Restaurant. 21 MR. McERLEAN: It's also produced by the 22 Chicago Park District. 23 MR. BURNS: May I just ask -24 MR. NOVACK: You know, all of this coaching of
Page 117
August 29, 2013 117120

Page 119
1 the witness is going to be expressed to Judge 2 Jacobius. 3 MR. McERLEAN: Nobody was coaching. I'm just 4 noting for the record that it was produced by the 5 Park District. 6 MR. NOVACK: There was no reason to note that 7 for the record, zero reason, and I object to the 8 coaching of this witness. I object, object, 9 object, and object. 10 MR. BURNS: May I ask you a question now 11 separate from that issue? What is the date on 12 this? For 342 is there a date? 13 MR. NOVACK: I don't believe there's a date, 14 so I don't know why you are asking me what the date 15 is when you can see there is no date. 16 MR. BURNS: Well, there may not be a date on 17 it, but you, because you have been involved in the 18 litigation, may understand when this was from. 19 MR. NOVACK: Look, let me ask the questions. 20 BY MR. NOVACK: 21 Q. Do you remember seeing this document 22 before today? 23 A. I never saw it. 24 Q. Do you remember being prepared by anyone
Page 118
1 for questions about the subject of The Park Grill's 2 alleged sweetheart deal? 3 A. I don't recall. 4 Q. Keep that one there. 5 A. I have that right there. 6 Q. Now, let's go to the newspaper article 7 which is Exhibit 348, which is the February 12, 8 2001, article coming one day after the sweetheart 9 allegations. I'm going to ask you to focus on the 10 bottom of the first column of this. 11 MR. BURNS: We are looking at 348. 12 BY MR. NOVACK: 13 Q. There's a bold heading that says, "The 14 investors came after." Do you see that? 15 A. Yes. 16 Q. And do you remember that you said to 17 this reporter in this conference, Remember -- or 18 something to the effect, "Remember, the bids came 19 in two weeks after September 11th and the 20 negotiations went on right after that period. I'm 21 not going to say they got a good deal because it 22 was a confusing time. I'm going to say that time 23 was a very difficult time in the economy." 24 Do you see that language? Without
Page 120
YVer1f

1 looking at your lawyer, can you see that language? 2 MR. BURNS: Would you stop with the reference 3 "without looking at your lawyer." You persist in 4 that. 5 MR. NOVACK: Only because he persists in 6 looking at you. 7 BY THE WITNESS: 8 A. No, I'm looking here. It says, 9 "Remember," and the following words from here to 10 this section. 11 BY MR. NOVACK: 12 Q. Were those things true at the time that 13 you said them? 14 A. If I said them, I said them. 15 Q. And were they true? 16 A. 9/11, yes, did happen. Yes, it did. 17 Q. And was that a difficult time in the 18 economy because of that? 19 A. It was a difficult time in the country, 20 not just in the economy. 21 Q. And is it true that you were not able to 22 say that The Park Grill got a good deal? 23 A. It's a contract. 24 Q. Yeah, that you can't say that that was
1 such a good deal for them? 2 A. Good or bad, it is a contract. I can't 3 argue whether it's good or bad. 4 Q. You were saying you can't say it was a 5 good deal because of September 11th. That doesn't 6 mean it was a good deal, does it? Did 7 September 11th make this a particularly good deal? 8 MR. BURNS: I'm going to object to the form of 9 the question. I can't understand that. 10 BY THE WITNESS: 11 A. I can't answer. 12 BY MR. NOVACK: 13 Q. If you made these statements, sir, you 14 intended them at the time and they were true, 15 correct? Is that what you believed? 16 A. The statement speaks for itself. 17 Q. But did you believe it? It may speak 18 for itself, but did you believe it? 19 A. September 11th did happen and had an 20 effect -21 Q. I'm asking about the whole series of 22 those words -23 MR. BURNS: Let's take a break. Let him 24 finish the -Page 121
August 29, 2013 121124

Page 123
1 BY MR. NOVACK: 2 Q. -- and the whole series of the words 3 that you just read, do you agree with them today? 4 A. It says what it is. 5 Q. And do you agree with that? 6 A. It says what it is. 7 Q. That is not -- I did not ask you if it 8 said what it is. I asked you if you agree with 9 them? 10 A. What I said is what I said. I cannot 11 say what I mean today, whether it's good or bad. 12 Q. You don't even know what you meant by 13 those words? 14 A. It says what it is. That is what it 15 says. 16 Q. And as of the time that you said it, did 17 you believe it to be true? 18 A. It says -- what I said at that time, 19 that is what I said. 20 Q. Did you believe it? You don't want to 21 tell the Court whether what you said you believed? 22 A. No. What you repeated and what I said, 23 and -- what date was this? 24 Q. February 12, 2005.
Page 122
1 MR. BURNS: '05. 2 BY THE WITNESS: 3 A. If I said that, I said that. 4 BY MR. NOVACK: 5 Q. I didn't ask that question though. I 6 did not ask you if you said it, did you say it. 7 I asked if you said it, did you believe 8 it? 9 A. What I said -10 Q. Would you have said something you didn't 11 believe? 12 MR. BURNS: Let him finish. Let him finish. 13 You keep interrupting. 14 BY THE WITNESS: 15 A. What I said is -- that is what I said 16 right there. The words I repeated, that is what I 17 said. 18 BY MR. NOVACK: 19 Q. Okay. We know that now. We have 20 established that you said it. 21 Now I want to ask you if when you said 22 it, did you believe it to be true? 23 A. September 11th had a dramatic impact 24 upon this country that --
Page 124
YVer1f

1 Q. That is only one part of that sentence. 2 I'm asking you -3 MR. BURNS: Why don't you be more specific. 4 BY MR. NOVACK: 5 Q. Was it your practice to say things to 6 the press that you didn't believe? 7 MR. BURNS: Objection. Now we are just 8 arguing. Let's not do that. 9 MR. McERLEAN: And you are getting insulting. 10 There's no point to that. 11 MR. NOVACK: I would ask you as an officer of 12 the court to direct your witness to answer my 13 question. My question is not improper. 14 MR. BURNS: I'm going to tell you, that was an 15 improper question. If you want to have the judge 16 review it and decide, I'm all for it, but he's not 17 going to answer it. 18 MR. NOVACK: I'm going to ask him this 19 question, and I'm asking you to direct him to 20 answer it. 21 BY MR. NOVACK: 22 Q. Did you believe those words at the time 23 that you uttered them? 24 MR. BURNS: You can answer.
1 MR. NOVACK: How can that be an improper 2 question? 3 MR. BURNS: I'm talking about the question 4 before that we had. 5 BY MR. NOVACK: 6 Q. Let's get an answer to this question. 7 Sir, did you believe those words at the 8 time that you said them? 9 A. What I said at that time, that is what I 10 said at that time. 11 Q. I know that is what you said, but did 12 you believe it? 13 MR. BURNS: You are asking for his mindset at 14 the time. He doesn't recall this, which he has 15 told you many times. 16 MR. NOVACK: He didn't say that. 17 MR. BURNS: He has told you time and time 18 again -19 MR. NOVACK: See, now you are testifying 20 again. 21 MR. BURNS: No. I'm having a debate with you 22 on this and why it's an improper question. He said 23 he doesn't recall. 24 MR. NOVACK: The judge will have to decide
Page 125
August 29, 2013 125128

Page 127
1 this. 2 BY MR. NOVACK: 3 Q. Do you refuse to answer the question of 4 whether you believed the words at the time that you 5 uttered them? 6 MR. BURNS: You know, he has answered it 7 endlessly. 8 BY MR. NOVACK: 9 Q. Now go down -- don't give that away. 10 I'm asking you questions. 11 A. I did not give that away. 12 MR. BURNS: It's back in front of him now. 13 MR. McERLEAN: You are raising your voice to 14 Mayor Daley? You are acting inappropriately. This 15 deposition has evolved from -- it's inquiring about 16 irrelevant stuff, you are sarcastic, you are 17 badgering him, and wasting the witness' time. 18 You need to move to relevant stuff 19 rather than arguing with the witness. 20 MR. NOVACK: I disagree with everything you 21 just said. 22 BY MR. NOVACK: 23 Q. Please look at the second column of that 24 page that you are looking at, toward the middle.
1 This is a quote from you, "It was a very risky 2 venture." Did you utter those words on 3 February 12, 2005? 4 A. If I did, that is what it says. 5 Q. Did you say those words? 6 A. If it's printed -- not only printed but 7 if I said it, I said it. 8 Q. Did you, as a practice, have people in 9 your press department -- when you were Mayor, in 10 your press department or any other department, that 11 would read articles quoting you to make sure they 12 were accurate? 13 A. I don't know. I don't recall. 14 Q. Did you believe that on February 12, 15 2005, that when The Park Grill signed its 16 concession agreement, it was a very risky venture? 17 A. I don't recall. 18 Q. When you said the words, It was a very 19 risky venture, did you believe them to be true? 20 A. If that is what I said. 21 Q. Did you believe them to be true? 22 A. It's a risky venture, that is what I 23 said. 24 Q. Do you know that at the time The Park
Page 126
Page 128
YVer1f

Page 129
August 29, 2013 129132

Page 131
1 Grill was being considered for this restaurant, 2 that a number of other restauranteurs indicated 3 they were not interested in pursuing it because of 4 what happened on September 11th? 5 A. I don't recall. 6 Q. Did anybody ever report that to you? 7 A. I don't recall. 8 Q. Now, after this February 11th article 9 and after your quotes in the February 12th 10 newspaper, do you recall that you ran into Laura 11 Foxgrover while she was hosting the Flower and 12 Garden Show at Navy Pier? 13 A. I don't recall. 14 Q. Do you recall being with Mr. Vince Gavin 15 and running into Laura Foxgrover at any time? 16 A. No, I don't recall. It could have 17 happened. 18 Q. Do you recall going over to Laura and 19 hugging her and saying, Everything is going to be 20 okay? 21 A. About what? 22 Q. About what was said in this newspaper 23 article? 24 A. No, I don't recall that.
Page 130
1 woman, very nice. 2 Q. Are you aware of anything she has ever 3 done wrong? 4 A. Pardon me? 5 Q. Are you aware of anything that she has 6 ever done that was wrong? 7 MR. McERLEAN: Object to the form of the 8 question. 9 BY THE WITNESS: 10 A. I couldn't answer that question. 11 BY MR. NOVACK: 12 Q. So you are not aware? 13 A. No. She's a very fine person. 14 Q. Do you remember ever in your life giving 15 her a friendship hug or a sympathy hug or anything 16 like that? 17 A. It could have happened. 18 Q. Do you remember in response to this 19 newspaper article giving her any kind of 20 encouragement? 21 A. I don't remember that. 22 Q. Do you remember saying to Mr. Gavin, 23 This is crazy what the Sun-Times is doing to Laura 24 and Matt?
Page 132
1 Q. Do you deny that? 2 MR. BURNS: He said he doesn't recall that. 3 BY THE WITNESS: 4 A. No, I don't recall that. 5 BY MR. NOVACK: 6 Q. One way or the other? 7 A. Hugging her? 8 Q. Yeah. 9 A. I don't recall. 10 Q. One way or the other? 11 A. I don't recall. 12 Q. One way or the other? 13 MR. BURNS: I'm not sure what "one way or the 14 other" means. He says he doesn't recall it. 15 BY THE WITNESS: 16 A. Hugging her? 17 BY MR. NOVACK: 18 Q. Did you ever give her at a hug at any 19 time in your life? 20 MR. BURNS: Objection as to the relevance. 21 BY MR. NOVACK: 22 Q. I don't mean a romantic hug, sir. You 23 know that. I'm talking about a friendship hug. 24 A. Oh. I know Laura Foxgrover. Very nice
1 A. I don't recall that. 2 Q. Did you know that Laura and Matt were a 3 couple at any time in your life? 4 A. I don't know their personal lives. They 5 are very good people. 6 Q. Now, you still have Exhibit 149 in front 7 of you. That is the letter from Mara Georges. One 8 of the subjects that she raises in there is the 9 possible question about the validity of The Park 10 Grill concession agreement. 11 Let me ask you, when was the first 12 time -- well, strike that. 13 At any time up until and including 14 today, have you ever heard that there's any issue 15 about the validity of The Park Grill concession 16 agreement without looking at your lawyers? 17 A. I don't recall when I -- no, I'm just 18 looking this way. I'm looking at these two here. 19 MR. BURNS: Looking at Horan and O'Malley. 20 BY THE WITNESS: 21 A. Looking at Horan and O'Malley. 22 I don't recall when I found the 23 knowledge out. 24
YVer1f

1 BY MR. NOVACK: 2 Q. Did you find it out at some point that 3 there was an issue? 4 A. Some way. I don't know when. 5 Q. Was it before today? 6 A. It was some way. I don't know when. 7 Q. How long prior to today was it? 8 A. I don't know. 9 Q. At some point did you hear that there 10 was a lawsuit about this? 11 A. There could have been a lawsuit. 12 MR. BURNS: Well, you are here because of a 13 lawsuit. 14 BY THE WITNESS: 15 A. I think so. I think there's a lawsuit. 16 BY MR. NOVACK: 17 Q. So can you pinpoint whether you first 18 heard there was an issue about validity, as to 19 whether that was before or after you learned that 20 there was a lawsuit about it? 21 A. I don't recall. 22 Q. Did you hear about the fact that there 23 was some issue as far back as 2005 or more 24 recently?
1 A. I don't recall when I had knowledge of 2 it. 3 Q. How did you hear about it? 4 A. I don't recall. 5 Q. Please look at Exhibit 150. This is a 6 newspaper article from the Sun-Times, February 17, 7 2005. 8 MR. BURNS: 15? 9 MR. NOVACK: February 17, 2005. I know you 10 are going to write the date on it, so I'm giving it 11 to you. 12 MR. BURNS: Thank you. I appreciate that. 13 MR. NOVACK: It's 150. 14 MR. BURNS: 150, 2/17/05. 15 BY MR. NOVACK: 16 Q. Now, in this article you are reported as 17 saying that all of this was the result of an 18 embarrassing legal mistake. 19 Do you recall giving an interview in 20 which you said that this issue was -- resulted from 21 an embarrassing legal mistake? 22 A. I don't know if it was an interview or a 23 press conference. I don't know if it was a press 24 conference or an interview. Usually, they are
Page 133
August 29, 2013 133136

Page 135
1 press conferences and lawyers -- I mean, the press 2 would ask questions. 3 Q. Okay. Regardless of whether it was a 4 press conference or an interview, do you recall 5 explaining this as an embarrassing legal mistake? 6 A. Well, what I said is that it's a daily 7 blame. I don't know what that is about, but what I 8 said is what I said. 9 Q. Let's put another exhibit in front of 10 the witness now, which is Exhibit 151, which is a 11 Chicago Tribune article coming out of the same 12 either interview or press release. 13 MR. BURNS: Same date? 14 MR. NOVACK: Yes. 15 BY MR. NOVACK: 16 Q. If you look at the right-hand column, 17 second paragraph, "Lawyers do make mistakes, Daley 18 said"? 19 A. I said that, yes. 20 Q. "It was embarrassing to them, the 21 corporation counsel, and the Park District." Do you 22 recall saying that? 23 A. Yes. 24 Q. Was that your true belief at the time
Page 134
Page 136
1 that you said that? 2 A. Lawyers do make mistakes, yes. 3 Q. And you believed this was such a 4 mistake? 5 A. No. I said, "Lawyers do make mistakes." 6 Q. Were you saying that The Park Grill 7 restaurant involved a lawyer's mistake? 8 A. Lawyers do make mistakes. 9 Q. And then it says, "That is what it was." 10 What is the "it" that you are saying it was? 11 A. It's both private lawyers, 12 corporation -- I did not want to mention the 13 lawyer's name, but private lawyers, corporation 14 counsel, and Park District counsel. 15 Q. Was it their private lawyers, sir? 16 A. No. That what I said by "it." 17 Q. It meant -18 A. Yeah, it. "It" it's a combination. 19 Q. That is what -20 A. I did not want to include -21 Q. So that's what it was. So that sentence 22 would be -23 MR. BURNS: Let him finish. No, let you 24 finish. Let the Mayor finis.
YVer1f

1 BY THE WITNESS: 2 A. So what I didn't want to do was talk 3 about the private lawyers. Each one of them are 4 represented legally by lawyers, both the private 5 sector and government agencies. 6 BY MR. NOVACK: 7 Q. Uh-huh. 8 A. And I didn't want -9 Q. So your point is, all of the lawyers 10 made a mistake here? 11 A. Yeah, I didn't want to embarrass anyone. 12 Q. What was the mistake? 13 A. Whatever it was they are asking me here. 14 Q. Well, you were the one that said it was 15 a mistake. What did you understand you were 16 referring to was a mistake? 17 MR. BURNS: He said in the context of what 18 they are asking him here. 19 BY MR. NOVACK: 20 Q. Well, they are asking you, How did The 21 Park Grill Restaurant get this concession? You are 22 saying it was a mistake by lawyers that they got 23 the concession? 24 A. No, I didn't. This is an interview.
Page 137
August 29, 2013 137140

Page 139
1 the article. 2 A. No, I have to. 3 Q. I'm asking a different question. 4 As you sit here today, do you believe 5 that legal mistakes by lawyers were made in 6 connection with The Park Grill concession 7 agreement? 8 A. I could not answer that because I don't 9 know the whole process. I couldn't answer that. 10 Q. Going further down in that first column 11 on that page, you are saying, "The theory was to 12 give the Park District money." 13 Were you saying there that the reason 14 the Park District was the party to the concession 15 agreement so that the Park District could get the 16 money from the contract? 17 A. Where is this? 18 MR. McERLEAN: You just switched exhibits, 19 Steve. 20 MR. NOVACK: I'm looking at 150. 21 MR. McERLEAN: He just had 151. 22 BY MR. NOVACK: 23 Q. Let's get 150 back and where we are, I'm 24 going to yellow highlight it.
1 A. I just reviewed the yellow highlighted 2 language. 3 MR. BURNS: Okay. He's going to ask you a 4 question that you can answer. He's read it. 5 BY THE WITNESS: 6 A. Yes, I read it. 7 BY MR. NOVACK: 8 Q. Are you saying there, sir, that the 9 reason that the Park District was the party to the 10 concession agreement with The Park Grill, instead 11 of the City, was because the Park District needed 12 the money? 13 A. Well, the question -- I don't know what 14 the question is in -- who interviewed -- who asked 15 the question. It has nothing to do with -16 Q. Well, they are your words? 17 A. Yes, I said it. 18 Q. What did you mean by that? 19 MR. BURNS: He's asking what the question is 20 telling you. 21 BY THE WITNESS: 22 A. I don't know what I'm responding to 23 here. Maybe it was just a statement. The theory 24 was to give the Park District money, he said. And
Page 140
1 It's a question-and-answer parade that lasts an 2 hour, hour and a half it could be, and these are a 3 number of questions asked by the media, different 4 parts of the media, both in print and in TV and 5 radio. 6 And this is a combination of reviewing 7 questions and answers asked by the media. That is 8 what it is. It's not just one person, but it's a 9 combination of people. 10 Q. So was the mistake that the City was not 11 a party to this agreement? Is that what you meant 12 by the mistake? 13 A. You have to take the contents of what 14 they were asking, the question, and they are -- the 15 reporter asking the question, and I don't know what 16 it was. This is only a synopsis. 17 Q. Did you think there was a mistake at the 18 time? 19 A. What I said was -- here is what it says, 20 Lawyers do make mistakes, and that is what it was. 21 It all depends what the question they asked, what 22 they are asking me, and I don't know what it says. 23 I don't know what it responded to. 24 Q. As you sit here today -- forget about
Page 138
YVer1f

1 I'll be very frank, they needed the money, the 2 Chicago Park District. It was a flaw they found 3 out later on, that was the reason they needed the 4 revenue. That is what it says. 5 Q. Let's go one at a time. In late 2001, 6 when this concession agreement was signed, did the 7 Park District need money? 8 A. The Park District always needed money, 9 not just that time but at all times. 10 Q. And is that the reason, sir, why the 11 Park District signed the contract with The Park 12 Grill, so that it would get the revenues under that 13 contract? 14 MR. McERLEAN: Objection, foundation. 15 BY THE WITNESS: 16 A. I couldn't answer that. 17 BY MR. NOVACK: 18 Q. Were these words that you just read, 19 yellow highlighted words, "The theory was to give 20 the Park District money. I'll be very frank, they 21 needed money. It was a flaw they found out later 22 on, but that was the reason that they needed the 23 revenue," were those words -- did you believe those 24 words at the time that you uttered them?
Page 141
August 29, 2013 141144

Page 143
1 standing. 2 MR. NOVACK: I just happened to get a cramp in 3 my leg. 4 MR. BURNS: Well, I have the other, so I keep 5 stretching about every 45 minutes to an hour. If 6 you don't mind, just a short break for that. 7 MR. NOVACK: Okay. 8 (WHEREUPON, a recess was had.) 9 BY MR. NOVACK: 10 Q. So returning to Exhibit 150, this is the 11 February 17th Sun-Times newspaper article. If you 12 look in the yellow area there, I highlighted some 13 more language a little bit lower, starting with, 14 "An ordinance." Do you see where it says, "An 15 ordinance"? 16 It's in the paragraph that starts, "They 17 just made a mistake, that's all," which we already 18 talked about? 19 A. Yeah. 20 Q. The next sentence says, "An ordinance 21 was passed that they lost. They did not see them 22 unfortunately. It's embarrassing to them, yes, it 23 is, the Corporation Counsel and Park District 24 counsel. Lawyers do make mistakes."
1 A. These were words that I said, but I 2 don't know what question was asked, whether there 3 was a question or not. I don't know. I just don't 4 know. It doesn't say that. 5 Q. When you uttered those words, did you 6 believe them? 7 A. "The theory was to give the Park 8 District money." Yes, I was very frank. They 9 needed the money. 10 Q. Yes? 11 A. They needed the money. 12 Q. So it was true? What you said was true 13 at the time? 14 A. That statement speaks for itself. 15 Q. I get that it speaks for itself. Is it 16 also true? 17 A. The Park District always needed money, 18 yes. 19 Q. And is that the reason for the Park 20 District -- strike that. Asked and answered. 21 MR. BURNS: True. Steve, I don't know if you 22 are having the same, but I noticed you stand. I 23 keep asking for a break because I have the same 24 issue with my back, if that is why you were
Page 142
1 So the mistake that you were talking 2 about there was not seeing an ordinance that gave 3 the City air rights; is that what you are saying, 4 sir? 5 A. Again, I get back to about what question 6 they were asking. Again, I don't know if this is a 7 composite of what I said, dealing with a question. 8 Was it a composite? Was it the full answer? 9 I don't know, but they are reporting 10 this. I can't definitely say that I said this, and 11 I don't know if it's in the contents of everything 12 that I said in regards to this issue. 13 Q. Who are you saying lost an ordinance? 14 You said, "An ordinance was passed that they lost." 15 Who lost an ordinance? 16 A. I don't have no idea. I don't know what 17 the question was. 18 Q. But there you are saying that the City 19 was given certain rights, and then if you go above 20 the yellow, above the yellow there's a paragraph 21 that starts, "The Sun-Times reported earlier this 22 week." Do you see that one? 23 MR. BURNS: Where is that at? I'm sorry. 24
Page 144
YVer1f

1 BY MR. NOVACK: 2 Q. The Sun-Times reported earlier this week 3 that City Hall sent the letter. Do you see that? 4 MR. BURNS: The Sun-Times reported -5 BY THE WITNESS: 6 A. The Sun-Times reported -7 MR. BURNS: Yeah, we see that. 8 BY MR. NOVACK: 9 Q. So that says, "The Sun-Times reported 10 earlier this week that City Hall has sent a letter 11 to Park Grill partners, Matt O'Malley and Jim 12 Horan, warning them that the 20-year concession 13 agreement 'does not authorize your occupation of 14 The Park Grill facilities' because the City owns 15 the land beneath the restaurant, and City Hall was 16 not a party to the deal." 17 Doesn't that indicate to you that the 18 question being asked was, If City Hall was -- if 19 the City was supposed to be a party, why weren't 20 they? And your answer was, The lawyers made a 21 mistake? 22 MR. BURNS: Objection to the form of the 23 question. If you can answer. 24
1 BY THE WITNESS: 2 A. I don't -- was I responding to that 3 question? I really don't know. There could have 4 been other questions that came before that by other 5 reporters. I don't know, and I don't know if 6 there's a contents of her asking the same number of 7 questions in a row or was it somebody else. 8 BY MR. NOVACK: 9 Q. But isn't the mistake that you are 10 talking about that the City should have signed but 11 didn't? Isn't that what you are saying was the 12 mistake, that all of the lawyers mutual mistake 13 made -14 A. I can't recall what it was. I can't 15 recall that. I can only read this. 16 But, again, the contents has to be in 17 regards to what question, and there's 15, 18 20 reporters. So that is the thing that I'm trying 19 to figure out, whether it was a combination of 20 questions or a series of questions or later on a 21 question, to write the article. 22 Q. Well, wouldn't a cure to the mistake 23 that you are talking about simply have been for the 24 City to sign it?
Page 145
August 29, 2013 145148

Page 147
1 MR. McERLEAN: Objection to the form of the 2 question. 3 MR. BURNS: Objection to the form of the 4 question. 5 MR. McERLEAN: To the legal conclusion. 6 BY MR. NOVACK: 7 Q. Well, let me ask it this way: At the 8 time that The Park Grill agreement was being 9 signed, you had been told that you needed to sign 10 it because of the legalities? There's a reason 11 legally that the City has to be a party. You would 12 have signed it, wouldn't you have? 13 MR. McERLEAN: Objection, calls for 14 speculation. 15 BY THE WITNESS: 16 A. I don't recall anything like that. 17 BY MR. NOVACK: 18 Q. I know that. I'm asking you. 19 A. Theoretical question? 20 Q. Yeah, it's a hypothetical question. 21 If you had been told that the Park 22 District has negotiated this deal but, oops, it 23 looks like the City has got to sign. The Park 24 District has signed, the Park Grill parties have
1 signed, we need your signature -2 A. On what? 3 Q. -- you would have signed it, wouldn't 4 you have? 5 MR. McERLEAN: Object to the form of the 6 question. 7 BY THE WITNESS: 8 A. I don't know that I can answer that 9 question. I don't know what it's about. 10 BY MR. NOVACK: 11 Q. It was about the restaurant. You know 12 that. 13 MR. BURNS: No, he doesn't. 14 BY THE WITNESS: 15 A. You asked me a hypothetical. You did 16 not ask me about the restaurant. You asked me a 17 hypothetical. 18 BY MR. NOVACK: 19 Q. Now, the donors we have already talked 20 about, they were these private businesspeople that 21 contributed money to the development of the park? 22 A. Both private business and professionals, 23 yes. 24 Q. Okay. And they were pretty important to
Page 148
Page 146
YVer1f

Page 149
August 29, 2013 149152

Page 151
1 the ultimate development? 2 A. It was a public-private partnership, 3 yes. 4 Q. And the donors wanted to make sure, 5 didn't they, that the facilities that would be 6 named after them would be actually done right, so 7 that they would be proud of the facility on which 8 their name went? 9 A. They would ask for the quality of the 10 Millennium Park. The quality was the best. 11 Q. Right. And, in fact, have we shown them 12 Exhibit 360 yet? Yes, we did. You should have 13 that. That is the one with the dentist chair, just 14 to get you on the right one. This is the Crain's 15 article, one of the first ones. 16 A. There is Exhibit 360. 17 Q. Okay. You remember that Cindy 18 Pritzker, one of the Pritzkers after whom the 19 Pritzker Pavilion was named -- look at the bottom 20 paragraph of the first page -21 A. Yes. 22 Q. Top paragraph, top of the second. 23 Do you remember that she said, If you 24 use the first design of the pavilion, I'm not going
Page 150
1 saying, as you sit here today, do you know that 2 there's an easement? 3 A. I don't know. 4 Q. I'll let you get Exhibit 363 back. That 5 is a February 11th article. That is the one that 6 alleges clout, alleges sweetheart deal, and also 7 complains that The Park Grill was not paying real 8 estate taxes. 9 Now, do you remember that there was an 10 assertion that The Park Grill should have been 11 paying real estate taxes but didn't? 12 A. I don't recall. 13 Q. Do you recall an issue about real estate 14 taxes coming up? 15 A. I don't recall. 16 Q. Do you recall that the County Assessor 17 assessed The Park Grill with a real estate tax very 18 shortly after that article appeared? 19 A. I don't recall. 20 Q. Who is Myer Blank? 21 A. He worked for -- in the City. 22 Q. He was in the Office of the Mayor, 23 wasn't he? 24 A. He could have been. I don't know if he
1 was assigned to it or worked for the office itself, 2 the Mayor's Office. 3 Q. Do you know that he was having 4 conversations and communications with the 5 Assessor's Office, putting pressure on the assessor 6 to issue a real estate tax bill? 7 MR. McERLEAN: Objection to the form. 8 BY THE WITNESS: 9 A. I wouldn't recall. 10 BY MR. NOVACK: 11 Q. Let me show you Exhibit 340. 340 is an 12 e-mail chain, the top one of which is from Michael 13 Stone to Pam Hughes dated February 24, 2005. 14 And if you look at that page and look to 15 the third of the e-mail messages, it says, 16 "Original Message," and it's February 18, 2005, at 17 12:28 p.m. 18 Can you get yourself at that point? 19 MR. BURNS: This one here. You can look at 20 it. 21 BY THE WITNESS: 22 A. Yes. 23 BY MR. NOVACK: 24 Q. And I'm going to represent to you that
Page 152
1 to give 15 million? Do you remember that, and you 2 had to go to a different design? 3 A. I don't recall. 4 Q. Do you remember saying at the time that 5 that is right? That you laughed at the memory and 6 said, That's right? 7 A. I don't recall. 8 Q. Do you remember one of the Pritzkers not 9 agreeing with the original design for the pavilion? 10 A. I don't recall. 11 Q. Do you recall that the donors asked that 12 the City be sure that it was involved -- not the 13 Park District but the City be involved in those 14 facilities that were going to be named after the 15 donors, do you recall that? 16 A. No, I don't recall that. 17 Q. Did you ever hear that there was an 18 easement on part of Millennium Park granted from 19 the -- by the Park District in favor of the City? 20 A. I don't recall. 21 Q. As you sit here today, do you know that 22 there is such an easement? 23 A. I don't recall at all. 24 Q. I did not ask you to recall back. I'm
YVer1f

1 this is an internal e-mail in the Assessor's 2 Office. Michael Stone and Pam Hughes. I'm sorry. 3 State's Attorney's office, was it? 4 MR. FLEMING: State's Attorney's Office. 5 BY MR. NOVACK: 6 Q. State's Attorney's Office. And it's 7 taking about Myer Blank. Read those three 8 paragraphs to yourself. They are pretty short. 9 MR. BURNS: He's read it. 10 BY MR. NOVACK: 11 Q. You have read it? 12 A. Yes. 13 Q. Please look at the last sentence of the 14 middle paragraph that starts, "Myer thinks." Do 15 you see that sentence? 16 MR. BURNS: "Myer thinks," it starts right up 17 there. 18 BY THE WITNESS: 19 A. Oh, "Myer thinks." 20 BY MR. NOVACK: 21 Q. And you can see in there that Myer is 22 referring back to Myer Blank, correct? 23 A. I guess so. 24 Q. Okay. It says, Myer thinks that
Page 153
August 29, 2013 153156

Page 155
1 A. I don't recall. 2 Q. Is it possible that others in your 3 office could have taken that position and you just 4 simply did not know about it? 5 MR. BURNS: Just don't speculate. It calls 6 for speculation. Do you know? 7 BY THE WITNESS: 8 A. I don't recall. 9 BY MR. NOVACK: 10 Q. Did you ever authorize the filing of a 11 lawsuit against The Park Grill when you were Mayor? 12 A. I don't recall. 13 Q. One way or the other? 14 A. I don't recall. 15 Q. If you had stayed in office another 16 term, would you have filed this suit against The 17 Park Grill? 18 MR. McERLEAN: Objection, calls for 19 speculation. 20 MR. BURNS: Objection. Don't speculate. 21 BY MR. NOVACK: 22 Q. Are you aware of anything that they did 23 that would merit a lawsuit by the City? 24 MR. McERLEAN: Objection, foundation.
1 regardless of all of these issues that the City 2 would rather have -- that the City would rather 3 have a tax bill that is cancelled than for the 4 restaurant to go another year without a bill (I 5 kind of see his point). Do you see that? 6 A. Yes. 7 Q. And is it true that at that time the 8 City wanted a tax bill to be issued even if it had 9 to be been recalled? 10 A. I don't recall it. 11 Q. Did you ever have any involvement 12 whatsoever in the real estate tax bill issue? 13 A. No, I don't recall it. 14 Q. Did you ever talk to the assessor about 15 that? 16 A. No. 17 Q. Anybody in the assessor's office? 18 A. I don't recall. 19 Q. Anybody in the State's Attorney's 20 Office? 21 A. I don't recall that. 22 Q. Did the City at that time, the city that 23 you were the Mayor of, have a position on whether a 24 real estate tax credit should be issued?
Page 154
1 BY MR. NOVACK: 2 Q. What is the answer? 3 A. I don't recall. 4 Q. You are not aware? 5 A. I don't recall. 6 Q. Well, I'm not asking again for past. 7 Today are you aware of anything that 8 they did, Park Grill did, that would merit a 9 lawsuit against them by the City? 10 A. I don't recall anything. 11 MR. NOVACK: Okay. Let us take a break this 12 time. 13 MR. BURNS: Sure. Go right ahead. 14 MR. NOVACK: And maybe we'll be done. 15 (WHEREUPON, a recess was had.) 16 MR. NOVACK: So before I finish and adjourn, 17 I'm going to say that we are going to reserve our 18 rights -- I'm saying this to everybody in the room. 19 We are reserving our rights to ask Judge Jacobius 20 to order this deposition to be retaken for three 21 purposes: One, to order him to answer questions he 22 wouldn't answer; two, to answer without being 23 coached by the lawyers, plural, in this room; and 24 three, to be on videotape so the judge can watch
Page 156
YVer1f

1 the witness look at the lawyer before every answer. 2 MR. BURNS: You know, I tell you what -3 MR. NOVACK: You can make your statements. Go 4 ahead. 5 MR. BURNS: He made that -- a videotape at the 6 end, so that the judge can see that the witness 7 looked to his lawyer each time he answered. You 8 know, you can make any offensive comment that you 9 choose to. There's no basis for it. Why you 10 desire to, that is beyond me. 11 I will oppose any such action before 12 Judge Jacobius, and it's outrageous what you just 13 said. But that is the way that you practice law, 14 God bless you. 15 Who else has questions? 16 MR. McERLEAN: I do. Just for the record, 17 what you said is incorrect. I don't believe that 18 he was coached. He certainly was not looking at 19 his attorney. He was looking around the room, 20 looking at exhibits. 21 If you wanted a videotaped deposition, 22 you should have brought it up before you wasted 23 Mayor Daley's time here today. 24 So that is my position, but I have just
Page 157
August 29, 2013 157160

Page 159
1 to authorize the Chicago district -- the Chicago 2 Park District to enter into any 30-year contract 3 for use of land that the City controlled without 4 City Council approval, could they? 5 MR. NOVACK: Objection, foundation. This is a 6 witness that said he doesn't know. These are legal 7 questions he could not answer for me and now he's 8 all of a sudden answering for you. 9 MR. McERLEAN: Just make your objection and 10 we'll move on. 11 BY MR. McERLEAN: 12 Q. In your knowledge, your Honor, did any 13 City officials besides you -- in addition to you 14 have any power to authorize the Park District to 15 enter into a 30-year concession agreement for the 16 use of land that the City owned or controlled 17 without City Council approval? 18 A. I don't think so. 19 MR. NOVACK: Same objection. 20 BY MR. McERLEAN: 21 Q. Did anyone, in your view, besides the 22 City Council, have the authority to grant The Park 23 Grill defendants a license to operate the 24 restaurant in Millennium Park on land that it
1 a couple questions. 2 EXAMINATION 3 BY MR. McERLEAN: 4 Q. Your Honor -- Mayor Daley, I have a 5 couple questions for you, if you don't mind. 6 I was confused in your testimony, in 7 that you said that The Park Grill parties in 8 obtaining their concession agreement were required 9 to follow the law, correct? 10 A. Correct. 11 Q. Do you know whether they did follow the 12 law? 13 A. I really don't know. 14 Q. Did you expect them to follow the law? 15 A. I expected their lawyers, lawyers who 16 represent the Park District and any other entity to 17 follow the law. 18 Q. As Mayor, you did not have the power to 19 authorize the Park District to enter into a 30-year 20 agreement for the use of land that the City owned 21 or controlled without City Council approval, did 22 you? 23 A. I don't think so. 24 Q. In fact, no City official had the power
Page 158
1 controlled? 2 MR. NOVACK: Objection, calls for a legal 3 conclusion -4 BY THE WITNESS: 5 A. I don't know. 6 MR. NOVACK: -- that the witness says he 7 couldn't know. 8 BY MR. McERLEAN: 9 Q. As Mayor did you have the authority to 10 modify or amend written contracts between the City 11 and other governmental agencies transferring 12 property interests? 13 MR. NOVACK: Objection, foundation, calls for 14 a legal conclusion. 15 BY THE WITNESS: 16 A. I don't understand the question. 17 BY MR. NOVACK: 18 Q. Okay. You mentioned that sometimes 19 there's intergovernmental agreements where 20 properties transfer from one governmental agency to 21 another, and in the case where they transfer 22 property interests by written agreement, did you, 23 as Mayor, have authority to modify those written 24 agreements, or would that require City Council
Page 160
YVer1f

Page 161
August 29, 2013 161164

Page 163
1 approval? 2 MR. NOVACK: Objection, calls for a legal 3 conclusion, lack of foundation, and compound. 4 BY THE WITNESS: 5 A. That would be up to what is specific in 6 regards to the law. 7 MR. McERLEAN: I have no other questions. 8 MR. BURNS: Anyone else? We'll reserve. 9 FURTHER EXAMINATION 10 BY MR. NOVACK: 11 Q. Mr. Mayor, do you -- you just answered a 12 question for Mr. McErlean saying that you don't 13 know if The Park Grill parties followed the law. 14 Do you remember that no more than an 15 hour or an hour and a half ago, you said that they 16 did follow the law? 17 MR. McERLEAN: Objection, argumentative. 18 MR. BURNS: Objection, argumentative. 19 Argumentative. So what is the question? 20 BY MR. NOVACK: 21 Q. That was my question. Answer it. 22 MR. BURNS: It's an argumentative question. 23 Do you have one that's not? 24 MR. NOVACK: Well, you can object to it all
1 you want. He has to answer it unless it's 2 privileged. 3 MR. BURNS: I do object to it. 4 BY THE WITNESS: 5 A. I said that anyone that signs a contract 6 would have to follow what the law is. It's up to 7 their lawyers to identify what the law is, their 8 lawyers. 9 BY MR. NOVACK: 10 Q. You are willing to stand by what your 11 testimony under oath was today? 12 A. What their lawyers -- I don't know their 13 lawyers. 14 Q. Are you willing to stand by the 15 testimony under oath that you gave today? 16 MR. McERLEAN: Objection to the form of the 17 question. 18 MR. BURNS: Don't even answer this. Now we 19 have become purely harassing and argumentative, and 20 I guess we'll take that to the judge as well. 21 Thank you all. 22 MR. NOVACK: I'm adjourning with all of the 23 reservations that I made. 24 MR. BURNS: There are no reservations. The
Page 162
1 deposition is complete. We reserve signature. 2 Have a pleasant day. 3 FURTHER DEPONENT SAITH NOT. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Page 164
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
STATE OF ILLINOIS ) ) SS: COUNTY OF C O O K ) I, KRISTIN C. BRAJKOVICH, a Certified Shorthand Reporter of said state, do hereby certify: That previous to the commencement of the examination of the witness, the witness was duly sworn to testify the whole truth concerning the matters herein; That the foregoing deposition transcript was reported stenographically by me, was thereafter reduced to typewriting under my personal direction and constitutes a true record of the testimony given and the proceedings had; That the said deposition was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. IN WITNESS WHEREOF, I do hereunto set my hand and affix my seal of office at Chicago,

Page 165
August 29, 2013 165168

Page 167
1 Illinois, this 11th day of September, 2013. 2 3 4 5 6 7 C.S.R. Certificate No. 84-3810. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Page 166
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
DEPOSITION ERRATA SHEET Our Assignment No. 459022 Case Caption: City of Chicago v. Chicago Park District, et al. DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury that I have read the entire transcript of my deposition taken in the captioned matter or the same has been read to me, and the same is true and accurate, save and except for changes and/or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof, with the understanding that I offer these changes as if still under oath. Signed on the __________ day of _______________, 20______.
___________________________________ RICHARD M. DALEY, J.D.

Page 168
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
I N D E X WITNESS EXAMINATION RICHARD M. DALEY, J.D. By Mr. Novack 5, 161 By Mr. McErlean 158
DEPOSITION ERRATA SHEET Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ SIGNATURE:________________________DATE:_________ RICHARD M. DALEY, J.D.
EXHIBITS NUMBER First Referred to No. 340 152 No. 342 118 No. 343 76 No. 344 92 No. 345 93 No. 346 101 No. 347 87 No. 348 56 No. 352 23 No. 355 36 No. 360 24 No. 361 88 No. 363 110

Page 169
August 29, 2013 169
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
DEPOSITION ERRATA SHEET Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ Page No. ______Line No.______Change To:____________ Reason for Change:_________________________________ SIGNATURE:________________________DATE:_________ RICHARD M. DALEY, J.D.

Daley Deposition

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Daley Deposition

Transféré par

Droits d'auteur :

Formats disponibles

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs.

CHICAGO PARK DISTRICT

August 29, 2013 14

REPORTED BY: KRISTIN C. BRAJKOVICH, No. 84-3810.

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 58

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 912

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 1316

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 1720

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 2124

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 2528

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 2932

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 3336

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 3740

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 4144

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 4548

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 4952

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 5356

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 5760

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 6164

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 6568

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 6972

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 7376

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 7780

800.211.DEPO (3376) EsquireSolutions.com

RICHARD M. DALEY, J.D. CITY OF CHICAGO vs. CHICAGO PARK DISTRICT

August 29, 2013 8184