785 Butternut-Thunes-aide-BarbBenson

2007-03-30T09:12:00.000-07:00

At all times Material: links

www.freedom-4you.blogspot.com

www.sharon4council.blogspot.com

Legal Domicile of Deceased Tenants in Common

Bill & Bernice A. Peterson,SharonScarrellaAnderson

1058SummitSharonLegalDomicile

illegal purchase by Benson et al

42 USC 3631 United States Attorney's Office, District of Minnesota

Post a Comment On: A Democracy

"Saint Paul Racketeering Lawsuit Deposition of Code Enforcement Officer Steve Schiller 785 Butternut"

Bob said...

DEPOSITION OF
18
STEVE SCHILLER
19
NOVEMBER 21, 2006
20
9:30 A.M.
21
22
23
JENNIFER M. RYAN, Court Reporter
24 2433 IRVING AVE. SO.
MINNEAPOLIS, MINNESOTA 55405
25 (612) 377-6339
FAX (612) 377-2889
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1 Q. What year was that in particular that you recall?
2 A. The entire time the mayor was mayor.
3 Q. Did you ever have any communications directly from Mayor
4 Kelly to you?
5 A. Yes.
6 Q. What do you recall about that?
7 A. He made up the biggest story I have ever heard in my
8 life.
9 Q. Let's focus on, what year was it?
10 A. 2003.
11 Q. What role were you playing at that time for NHPI?
12 A. I was a field inspector.
13 Q. As a field inspector you had a conversation with Mayor
14 Kelly?
15 A. No. I had a conversation with Andy Dawkins.
16 Q. What month was that?
17 A. Probably March of '03.
18 Q. What did Mr. Dawkins tell you?
19 A. That the President of the United States was upset with a
20 piece of property he saw when he was driving into town.
21 Q. What else did Mr. Dawkins tell you?
22 A. He will go out there and issue orders.
23 Q. Do you remember the address?
24 A. Uh-huh.
25 Q. What was it?
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1 A. (No response.)
2 Q. Was it in your area of assignment?
3 A. I have to talk to my counsel just for a second. It was
4 extremely serious, and I'm not sure --
5 Q. There is not a right to ask your attorney as to how to
6 answer a question.
7 A. No, whether or not I should answer what happened.
8 MR. SHOEMAKER: Unless there is a privilege,
9 Counsel, he's got to answer my questions.
10 MS. HAMPTON-FLOWERS: Counsel, would you like
11 to repeat the question?
12 BY MR. SHOEMAKER:
13 Q. You had a conversation with Andy Dawkins approximately
14 March of 2003 about the fact that the President of the
15 United States was apparently in St. Paul and someone was
16 upset about the condition of a property? Are you with
17 me so far?
18 A. Correct.
19 Q. What was the address of the property?
20 A. 785 Butternut.
21 Q. Was that a single-family home?
22 A. Correct.
23 Q. Who owned that property?
24 A. Rita Rodriguez.
25 Q. How did you know she owned that property?
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1 A. I knew from past experience.
2 Q. That was in your assigned area, correct?
3 A. Yes.
4 Q. During 2002 to 2005?
5 A. Correct.
6 Q. What was the nature of the complaint on the property?
7 A. I was to write up everything.
8 Q. Who told you that?
9 A. Andy Dawkins.
10 Q. Did you go out to the property after you had that
11 conversation?
12 A. Yes.
13 Q. What do you recall seeing at the property?
14 A. Deteriorated concrete steps, deteriorated garage, a
15 couple pieces of missing siding, deteriorated roof,
16 minor paint problems around windows and doors.
17 Q. Do you recall approximately when that home would have
18 been built, kind of the era? Before World War II?
19 A. Most definitely. It was a soldier's home. It goes back
20 to Fort Snelling days.
21 Q. It has some historical significance?
22 MS. HAMPTON-FLOWERS: Objection, speculation,
23 lack of foundation.
24 BY MR. SHOEMAKER:
25 Q. Do you know?
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1 A. I don't know.
2 Q. Was it on the HPC list?
3 A. I'm not aware.
4 Q. Why was Mr. Dawkins upset?
5 A. Because the Mayor was upset.
6 Q. Did he say why the Mayor was upset?
7 A. Because the President was upset.
8 Q. Did the President visit Ms. Rodriguez?
9 A. No.
10 Q. He drove by?
11 A. Yes. Supposedly.
12 Q. Why did you say you heard -- you said --
13 A. The biggest story.
14 Q. What was your conclusion?
15 A. We don't get complaints from the President of the United
16 States in our office.
17 Q. You don't?
18 A. No. And in a fully fogged limousine he's not going to
19 be able to see much when he's swiftly brought into St.
20 Paul.
21 Q. Who do you think actually made the complaint? Do you
22 have any knowledge of that?
23 A. Next door neighbor.
24 Q. Who was the next door neighbor?
25 A. Barb Benson.
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1 Q. Have you had any dealings with Barb Benson?
2 A. Yes, I have.
3 Q. Tell me about her.
4 A. She's a councilman's aide.
5 Q. For which council member?
6 A. I don't know.
7 Q. She lives in the house right next door to Rita
8 Rodriguez?
9 A. To the best of my knowledge, two east of there.
10 Q. Two houses east of there?
11 A. Correct.
12 Q. Do you know for certain that Barb Benson was the one
13 that complained by Ms. Rodriguez?
14 A. No.
15 Q. Did Mr. Dawkins tell you to write up the property?
16 A. Correct.
17 Q. To write it up -- did he use the terms "code to the
18 max"?
19 A. Correct. Not that term. He said to do a thorough
20 inspection.
21 Q. What else did he tell you?
22 A. It had to be written up and on the Mayor's desk by that
23 afternoon.
24 Q. Did Mr. Dawkins, at any time during 2002 to 2005 ever
25 use terms like "code to the max"?
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1 A. It was more "call everything."
2 Q. When would he use those kinds of descriptive terms for
3 an inspector's duties?
4 A. Sometimes when we were doing sweeps, and also after the
5 Excessive Consumption Ordinance went into effect.
6 Q. What became of the write-up of Ms. Rodriguez? Did you
7 get the write-up on Mr. Dawkins' desk the next day?
8 A. No.
9 Q. What happened?
10 A. Same day.
11 Q. Same day. Good.
12 A. Then it went downtown.
13 Q. To who?
14 A. The Mayor of St. Paul.
15 Q. What was the next contact you had about that 785
16 Butternut property?
17 A. It went back on re-inspection.
18 Q. What happened then? Did Ms. Rodriguez fix the property?
19 A. No.
20 Q. What happene
d after that?21 A. She died.
22 Q. Shortly after the inspection?
23 A. A couple months. She was in very tenuous health to
24 begin with.
25 Q. What do you recall about her health?
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1 A. Couple heart attacks. Possibly two strokes.
2 Q. Was she living by herself?
3 A. No.
4 Q. Did you issue her orders orally or in writing?
5 A. Writing.
6 Q. Did you talk to her at any time?
7 A. No.
8 Q. Did you talk to any of her relatives at any time?
9 A. Just the live-in boyfriend.
10 Q. What was his name?
11 A. Gary Tanzer.
12 Q. Was there anything about the orders to you to write up
13 Ms. Rodriguez that you felt were unfair?
14 A. Only from the standpoint that she was in very poor
15 health.
16 Q. Was she on Social Security or a limited income at all?
17 Any idea?
18 A. To the best of my knowledge, yes.
19 Q. She was disabled?
20 A. To the best of my knowledge.
21 Q. Were there other homes in her area that were in similar
22 condition exteriorly?
23 A. Yes.
24 Q. Would you say any homes at the time -- that she was
25 written up here in March of 2003 -- that were in worse
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1 shape than hers?
2 A. Yes.
3 Q. Like, say, in the same block?
4 A. Across the alley from her.
5 Q. Describe that property. Was there one that stood out to
6 you as far as an address?
7 A. I believe it's 785 Stewart Avenue. It should be 786,
8 because it's on the south side.
9 Q. Do you know who owned that property?
10 A. Yes.
11 Q. Who was that?
12 A. The McBrides.
13 Q. Do you remember a first name?
14 A. Gloria.
15 Q. And how do you know her?
16 A. She was my first problem property. Her son's.
17 Q. Let me ask you a question. She was your first problem
18 property, you said?
19 A. Uh-huh.
20 Q. What year?
21 A. 2004.
22 Q. Now, have you worked with problem properties in your 31
23 years as an inspector and as an employee for the City?
24 A. We didn't call them that.
25 Q. The term "problem" property, when did that first come
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1 into existence as a lingo in the inspection department?
2 A. Under Andy Dawkins.
3 Q. Had you ever used any other descriptive term for a
4 property that had a lot of repeat code violations or
5 behavior problems of occupants?
6 A. Personally, no.
7 Q. Under Dawkins was when you first started using the
8 descriptive term "problem" property?
9 A. Because then we had police officers with us.
10 Q. Your first experience with a problem property was in Mr.
11 Dawkins' tenure, 2002 to 2005, correct?
12 A. Correct.
13 Q. 2004, was that the first time you had an official
14 problem property that was assigned to you?
15 A. Could have been 2003.
16 Q. And it's this Gloria McBride?
17 A. Yes.
18 Q. She lived near this Rita Rodriguez when she was alive,
19 correct?
20 A. Correct.
21 Q. What do you recall about -- do you have the address for
22 Gloria McBride?
23 A. I gave it to you and I think that's correct.
24 Q. What was the role you played as an inspector with regard
25 to Ms. McBride's property?
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1 A. Trying to get it cleaned up.
2 Q. What kind of problems were there when you were assigned
3 in '03 or '04 to that property?
4 A. Junk cars, trash, refuse, that type of thing.
5 Q. Had there been a history of orders being issued in --
6 A. No history of police.
7 Q. Police calls?
8 A. Yes.
9 Q. It was more of a behavior issue there?
10 A. Always was.
11 Q. Does that still continue to be a behavior problem
12 property?
13 A. I don't know, but her family is.
14 Q. What does she do, by the way? Do you know? Is she
15 connected in any way --
16 A. Home owner.
17 Q. Does she have any relationship at all with Barb Benson
18 that you know of?
19 A. Not that I'm aware of, but Barb knows her.
20 Q. Is it fair to say that McBride's home was written up
21 with orders on a consistent basis?
22 A. That's correct.
23 Q. And also had police calls, correct?
24 A. Oh, yes.
25 Q. Were there any other properties around Rita Rodriguez,
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1 785 Butternut, that were in worse condition than Ms.
2 Rodriguez' property when she was the subject of code
3 enforcement by Mr. Dawkins and by Mayor Kelly through
4 you?
5 A. They had different violations.
6 Q. Other properties did?
7 A. Yes.
8 Q. Were they worse than what Ms. Rodriguez' property was at
9 the time?
10 A. In my opinion, yes.
11 Q. What was the result of Ms. Rodriguez passing away? Did
12 someone in her family take her property and continue to
13 live there?
14 A. For a couple of months.
15 Q. Do you know what happened to the property now?
16 A. He died.
17 Q. Gary did?
18 A. Yes.
19 Q. What's the condition of the property now?
20 A. Been totally rehabbed.
21 Q. Do you know who owns that?
22 A. No.
23 Q. Is Ms. Benson still living a couple homes away?
24 A. To the best of my knowledge.
25 Q. What about Ms. McBride, is she still in the area?
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1 A. To the best of my knowledge.
2 Q. You said that she has relatives in the City?
3 A. Gloria?
4 Q. Yes, Gloria McBride.
5 A. There's a couple McBrides on Stewart. I don't know
6 whether they are related.
7 Q. Are they problems as well for inspection?
8 A. They have been.
9 Q. Have they been a member of the problem property list, if
10 you will?
11 A. No. They were handled by the fire inspector.
12 Q. They are properties that are larger than a single-family
13 or duplex, correct?
14 A. Correct.
15 Q. Anything else you can tell me about that incident with
16 Rita Rodriguez that might be helpful?
17 A. You have to be --
18 Q. What else did you find unfair about that?
19 A. That people died.
20 Q. How did somebody die? Was there a fire?
21 A. He committed suicide.
22 Q. Gary Tanzer did?
23 A. Correct.
24 Q. Did you have any discussions with him prior to his
25 committing suicide?
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1 A. Yes.
2 Q. What do you recall him saying?
3 MS. HAMPTON-FLOWERS: Objection, calls for
4 hearsay.
5 THE WITNESS: He said he would try to get it
6 done, and that was the last time I saw him alive.
7 BY MR. SHOEMAKER:
8 Q. Did he say that he didn't have the funds to do the work
9 that was required?
10 A. The funds or the time or the expertise.
11 Q. Do you know if there's been a code compliance done on
12 that property now that it's been remodeled?
13 A. I assume it was because it was a vacant building.
14 Q. Do you know any relatives to either Rita Rodriguez or
15 Gary Tanzer that live in the City?
16 A. I'm told there is some, but I don't know who they are.
17 More on the Tanzer side.
18 Q. How about on the Rodriguez side?
19 A. She had some kids. I don't know how many.
20 Q. Do you know of any other incidents between 2002 and 2005
21 where there was something that upset you like the Rita
22 Rodriguez code enforcement?
23 A. No. That took the cake.
24 Q. Do you feel there should have been an even application
25 of code enforcement to the neighborhood instead of
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1 targeting Ms. Rodriguez?
2 MS. HAMPTON-FLOWERS: Objection as to form.
3 BY MR. SHOEMAKER:
4 Q. Go ahead and answer.
5 A. The question isn't clear to me.
6 Q. Do you feel that there was -- that the code enforcement
7 was unfairly applied to Ms. Rodriguez?
8 A. Because of her health, yes.
9 Q. Was it your opinion that there wasn't enough time
10 allowed her to do the repairs?
11 A. She met with the social worker and we wanted to make
12 sure she had the cognitive skills to understand the
13 letter she got.
14 Q. Did she have anybody helping her with day-care or a
15 live-in nurse or anybody like that?
16 A. I'm not sure.
17 Q. Was that property -- once she passed away and Mr. Tanzer
18 committed suicide, was it put on the vacant buildings
19 list?
20 A. Correct.
21 Q. Who was involved in that?
22 A. Dennis Senty.
23 Q. Do you know if any of the inspectors for the City of St.
24 Paul, and that includes NHPI and LIEP inspectors or fire
25 inspectors, have ever purchased homes from home owners
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1 A. Not that stuck out.
2 Q. Problems with the roof?
3 A. Maybe some painting.
4 Q. Do you know a renovation contractor by the name of Wally
5 Nelson?
6 A. No. Oh, Wally. The only Wally I know --
7 Q. With Renovations, Inc.?
8 A. I knew it as something else.
9 Q. What was the name you knew him by?
10 A. I don't remember.
11 Q. Do you know where he resides?
12 A. No.
13 Q. Isn't he out of Lake Elmo -- Wally Nelson?
14 A. I really don't know where he resides. I only met him
15 once.
16 Q. When did you meet Wally Nelson?
17 A. When I was a west side inspector -- a house up on the
18 west side. I take that back. He told me about another
19 house down on Ann Street.
20 Q. That he purchased?
21 A. Yeah, that they were going to renovate.
22 Q. Now, that 785 Butternut where the disabled woman lived
23 at the time that it was targeted for code enforcement --
24 MS. HAMPTON-FLOWERS: Objection as to form.
25 THE WITNESS: Oh, yes.
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1 Q. Do you currently live at 1910 Dayton?
2 A. Correct.
3 Q. Is there three levels to your home?
4 A. Four.
5 Q. And you have bedrooms on how many levels of your home?
6 A. All levels, except the first floor.
7 Q. So there is a main floor and three levels above it?
8 A. Main, two levels above it, and then there's a finished
9 basement.
10 Q. Obviously you have a bedroom on the third floor?
11 A. Correct.
12 Q. Does anyone live in that bedroom?
13 A. My daughter.
14 Q. Earlier you stated you were given a directive -- if we
15 can call it that -- by Dawkins on the Butternut
16 property; is that correct.
17 A. I was given a directive by the Mayor.
18 Q. A direct order by the Mayor?
19 A. Through Dawkins.
20 Q. Do you recall -- have you attended a legislative appeal
21 hearing as part of your duties?
22 A. Through the stuff that's done with Marcia Moermond where
23 people appeal?
24 Q. That's correct.
25 A. Yes.
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1 Q. Do you recall making a statement in a legislative
2 appeals hearing about being under direct orders of Andy
3 Dawkins and Mayor Randy Kelly?
4 A. I could have, but I don't remember directly.
5 Q. Have you ever gotten any other directives or orders from
6 Andy Dawkins or Randy Kelly?
7 A. Not from Randy Kelly. From Andy Dawkins.
8 Q. What were those directives?
9 A. Just general how's it coming with the property, that
10 type of thing. I called it interest in the property.
11 Q. Do you think you have been given any other directives
12 because of other political reasons?
13 MS. HAMPTON-FLOWERS: Objection, calls for
14 speculation.
15 THE WITNESS: That's not real clear to me. Can
16 you restate?
17 BY MR. ENGEL:
18 Q. When we were talking about the Butternut situation you
19 had talked about getting your directives and how you had
20 thought there was a fabrication in that situation.
21 Do you feel you have been given any other
22 directives or orders based on reasons that weren't
23 legitimate?
24 A. No.
25 Q. Any orders for political reasons?
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1 A. No.
2 Q. Any orders because of district council members?
3 A. District council -- I know them as like the West Seventh
4 Street Federation, yeah. They put complaints in for
5 West Seventh Street.
6 Q. Did Mayor Randy Kelly ever tell you to issue orders on
7 other properties like he told you on the Butternut
8 property?
9 A. No.
10 Q. How about Dawkins?
11 A. No.
12 Q. When you said a story was fabricated about the
13 President, who do you think fabricated that story?
14 MS. HAMPTON-FLOWERS: Objection, calls for
15 speculation. He's described the incident already.
16 BY MR. ENGEL:
17 Q. It was his statement. I'm just asking him about it.
18 A. I believe the person had left a voice mail on Andy
19 Dawkins' phone is the one who made that up -- made that
20 story up.
21 Q. You think the person who left that voice mail was Mayor
22 Randy Kelly?
23 A. I know it was.
24 Q. Do you think it was fair to "call everything" on Ms.
25 Rodriguez' property?
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1 A. It was in the code.
2 Q. It was in the code; but my question is, do you think it
3 was fair?
4 A. The time lines were not fair.
5 Q. Why were the time lines not fair?
6 A. They were dictated to me.
7 Q. Can you recall a specific example?
8 A. I was directed to get this property taken care of as
9 soon as possible.
10 Q. From your testimony, that typically wasn't your way of
11 operating?
12 A. Not for somebody in such poor health -- extreme poor
13 health.
14 Q. What changes occurred in your office when Kelly and
15 Dawkins took over?
16 A. The big one is on the record. Excessive consumption.
17 Q. So the whole excessive consumption structure was
18 implemented when Dawkins and Kelly came in?
19 A. Through the city council.
20 Q. And you had also testified that it was through the
21 excessive consumption that your orders were to "call
22 everything"?
23 A. Correct.
24 Q. Is it fair to say that after Dawkins and Kelly came into
25 the office, you issued more orders than you did prior?
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1 A. Yes.
2 Q. Do you know why things changed?
3 A. I didn't make the policy. I don't know why.
4 Q. Why do you think they changed?
5 A. I don't know.
6 Q. Do you have an opinion?
7 A. They changed it and the city council changed it, too.
8 Ask those three people. They all went together on it.
9 Q. When you say, "three people," you're talking --
10 A. Three entities.
11 Q. Those three entities being?
12 A. The Mayor, Andy Dawkins, and the City Council.
13 Q. How have things changed since Mayor Kelly and Andy
14 Dawkins left?
15 A. The office is more relaxed.
16 Q. Why?
17 A. There isn't such a push for excessive consumptions.
18 Q. Why would there be a push for excessive consumption
19 during Mayor Kelly and Dawkins tenure?
20 A. Them and the city council felt it was a necessary tool
21 for us.
22 Q. Did Andy Dawkins have a graph or chart in his office at
23 NHPI for excessive consumption?
24 A. I don't believe so.
25 Q. Did he ever talk about generating revenue through
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1 excessive consumptions? Did he say why he wanted to
2 generate revenue through excessive consumption?
3 A. Because it was part of the ordinance that the city
4 council passed.
5 Q. Did you ever question using orders in "calling
6 everything" to raise revenues through excessive
7 consumption?
8 A. It was out of our hands when the city council passed it.
9 Q. Do you agree with it?
10 MS. HAMPTON-FLOWERS: Objection as to form and
11 relevance.
12 THE WITNESS: Personally, no.
13 BY MR. ENGEL:
14 Q. Has Mayor Kelly forced you to do anything else that you
15 didn't agree with?
16 MS. HAMPTON-FLOWERS: Objection as to form.
17 THE WITNESS: Personally, he did not. It was a
18 one-time thing.
19 BY MR. ENGEL:
20 Q. How about Andy Dawkins?
21 A. Yes.
22 Q. Tell me more of what Andy Dawkins made you do that you
23 didn't agree with?
24 A. Standard procedure when there is a death at the property
25 is to give everyone time and to give the courts time to
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1 settle it and time to grieve and all that, that the file
2 is closed.
3 Q. Dawkins came down on which side of that? Don't close it
4 or do close it?
5 A. The Mayor said he couldn't close it.
6 Q. What else?
7 A. That was my major objection. It was the highlight of my
8 career.
9 Q. Explain to me the highlight of your career that --
10 relating to the death situation?
11 A. Two of my clients died.
12 Q. Two of your clients died and you weren't allowed to
13 close the file?
14 A. Two of my clients died and nobody listened to me to even
15 start it in the first place.
16 Q. What was the result of you not being able to work on
17 that?
18 A. What do you mean?
19 Q. Did the properties end up condemned or vacant?
20 A. They ended up vacant.
21 Q. Both of them?
22 A. There was only one property down on Butternut.
23 Q. Anything else?
24 A. No.
25 Q. So you said, "the highlight of my career," and so the
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1 examples are the Butternut property, and then closing a
2 file when there has been a death?
3 A. I could not do that in this case. I mean this was the
4 lowest thing that has ever happened to me.
5 Q. Treating the Rodriguezes as they were forced to be
6 treated?
7 A. Correct.
8 Q. Did you talk to Mr. Dawkins about not wanting to do that
9 to them?
10 A. Initially I told him it was not a good idea because she
11 was in ill health.
12 Q. You said you had a fairly decent relationship with Mr.
13 Dawkins. Why didn't he work with you on this?
14 MS. HAMPTON-FLOWERS: Objection, calls for
15 speculation, no foundation.
16 THE WITNESS: He had direct voice mail orders
17 from the Mayor of St. Paul. I heard it myself.
18 BY MR. ENGEL:
19 Q. You heard the voice mail?
20 A. Correct.
21 Q. Were you in Andy's office?
22 A. I was in the doorway.
23 Q. Did he know you were there?
24 A. Oh, yes.
25 Q. Did he play it for you?
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1 A. Yes, he did.
2 Q. Did anyone else hear it?
3 A. Maybe. I don't know.
4 (Short break taken.)
5 BY MR. ENGEL:
6 Q. Mr. Schiller, I have a few more questions, and we're
7 going to look at some photographs after I get them
8 marked as an exhibit. You stated earlier that there
9 were such things as verbal orders; is that correct?
10 A. Correct.
11 Q. Is there any way to track a verbal order?
12 A. We put an "O" with a correction mark behind it.
13 Q. Within your notes in the file?
14 A. On the front page.
15 Q. On the front page of what?
16 A. Of the complaint form. I don't have one to show you.
17 Show me a complaint and I will show you where to put it.
18 Q. You actually put it on the complaint form where there
19 was the chart that we looked at earlier?
20 A. Where it shows inspector, type of inspection, and that
21 type of thing.
22 Q. Okay.
23 A. And then at the bottom of the complaint page you would
24 put another slash mark and put your note there.
25 Q. You had stated you had some verbal orders on your
EXHIBIT E
Case 0:05-cv-01348-JNE-SRN Document 36 Filed 01/16/2007 Page 25 of 46

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Frank J. Steinhauser, III, et. al., Civil No. 04-2632
JNE/SRN
Plaintiffs,
v. AFFIDAVIT OF
FRANK J. STEINHAUSER, III
City of St. Paul, et. al.,
Defendants.
Sandra Harrilal, et. al., Civil No. 05-461
JNE/SRN
Plaintiffs,
v.
Steve Magner, et. al.,
Defendants.
Thomas J. Gallagher, et. al., Civil No. 05-1348
JNE/SRN
Plaintiffs,
v.
Steve Magner, et. al.,
Defendants.
EXHIBIT F
Case 0:05-cv-01348-JNE-SRN Document 36 Filed 01/16/2007 Page 26 of 46

STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Frank J. Steinhauser, II, being duly sworn upon oath, states and deposes as
follows:
1. I am a Plaintiff in the first case captioned above and I make this affidavit in
opposition to Defendants’ motion for a protective order.
2. Councilmember Kathy Lantry has had it in for me as a low-income landlord
in St. Paul since 1998. She has known for 6 years that I rent primarily to lowincome
African-Americans. Prior to the City’s targeting my low-income rental
properties with illegal code enforcement under the direction of Andy Dawkins,
Councilmember Lantry frequently called me to tell me that neighbors of my rental
properties were complaining about my tenants. Councilmember Lantry told me
that I was single handedly destroying the property values in the neighborhoods
where those rental properties were located.
3. Prior to Mr. Dawkins taking over code enforcement in the City in 2002, my
attorney Patricia Whitney and I attended a meeting with Councilmember Lantry at
her office. At that time, Councilmember Lantry commented about my tenant at
my 910 6th Street East rental property. Councilmember Lantry said that she didn’t
understand why I would even rent to someone like that who had been convicted of
2
EXHIBIT F
Case 0:05-cv-01348-JNE-SRN Document 36 Filed 01/16/2007 Page 27 of 46

a felony five years before. My tenant was a African American family with
children.
4. On another occasion, Councilmember Lantry told my attorney, Ms.
Whitney, that Ms. Lantry thought I must be on drugs.
5. Councilmember Lantry told Bill Cullen, a St. Paul landlord, and President
of St. Paul Association of Responsible Landlords, that I was a problem landlord
who was not doing my job and that I was the kind of landlord the City did not
want in the City.
FURTHER YOUR AFFIANT SAYTH NOT.
Dated: 1/15/07 s/ Frank J. Steinhauser, III__
Frank J. Steinhauser, III
Subscribed and sworn to before me
this 15th day of January, 2007.
s/ Paul F. Shoemaker
Notary Public
Under Seal
3
EXHIBIT F

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42 USC 3631 United States Attorney's Office, District of Minnesota