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Steve Olt
From: Steve Roy
Sent: Tuesday, August 30, 2011 8:56 PM
To: CCSL Legal
Cc: Karen Cumbo; Paul Eckman; Ted Shepard; Steve Olt; Carrie Daggett
Subject: Message from Lucia Liley dnd
Importance: High
Sensitivity: Confidential
I wanted to let you know that management staff and I have just received an email from Lucia Liley expressing
concerns about Sarah Burnett's efforts to persuade staff, and perhaps Councilmembers, that Council's decision on
the appeal was erroneous. In the message, Lucia inquires as to whether Councilmembers have received any
written communications from parties -in -interest since the appeal hearing, including a copy of Ms. Burnett's letter
to Darin. (Earlier today, because of the possibility that Council may wish to revisit this appeal, I recommended to
the City Manager's Office that Sarah Burnett's letter to Darin not be sent to the Council.) She is also requesting a
meeting with City staff in light of the meeting that Karen Cumbo had today with Ms. Burnett. (I should note that
Karen asked me about the propriety of meeting with Ms. Burnett, and I told her I thought it would be okay as
long as she just listened to her concerns, didn't take a position as to the merits of her arguments --since Paul is
still working through them --and told her about the usual next steps in the process. Karen has indicated that
that's what occurred.)
If you'd like, we can add the legal issues related to this matter to the growing list of topics that you may or may
not wish to discuss in executive session tomorrow night. If you choose to do so, I would be inclined to be
circumspect about the subject matter of the discussion and not give any details regarding the legal issues to be
discussed. I think it would be a mistake to "flag" the possibility that this could result in litigation, which it clearly
could.
I'll send you the memo that Paul is working on about Ms. Burnett's argument as early in the day tomorrow in
case it may be helpful to you in deciding whether you'd like to talk in executive session about the legal issues
related to this matter.
In the meantime, I strongly recommend that you refrain from any ex parte communications with parties -in -
interest about this project, in case the majority of Council decides to re -hear the appeal.
8/31/2011