From:Pierce County Executive 2537986628 11/18/2015 15:46 #886 Pierce County I Office. of the County Executive PAT MECARTHY 930 Tacoma Avenue South. Room 1'3? Executive Tacoma. Washington 98402-2100 (253) 798-74'r? FAX (253) 798-6533 KEVIN R. PHELPS Deputy Executive (253) 793-7477 kphaips?co.plerce.wa.us November 10, 2015 HAND DELIVERED Mark Lindquist Pierce County Prosecuting Attorney 930 Tacoma Ave. 3., Rm 946 Tacoma, WA 98402 Re: Nissan v. Pierce County. er al. Con?ict of interest Dear Ptosecutor Lindquist: In its ruling of August 27, 2015, the Supreme Court instructed you and Pierce County (?the County?) to undertake certain speci?c actions. These actions include a two-tier document review process in response to the Public Records Act request by Detective Glenda Nissan. Speci?cally, the Supreme Court requires that you obtain a transcript of all text messages at issue, review them, and produce to the County any that are public records per the Court?s opinion. The County must then review those messages, apply appropriate exemptions and reductions, and produce the responsive records to the requester. Finally, as to any text messages that you determine are not public records, you were directed by the Supreme Court to submit an af?davit to the County attesting to the personal nature of the communications. I appreciate you and your of?ce?s efforts in litigating the Nissan matter. i am concerned, however, that the terms of the August 27, 2015 ruling create a legal con?ict between you and the County. As the text messages are on your personal devices, and pertain to certain allegations directly involving you, your continued representation of the County in this case and related matters creates an apparent con?ict. In light of this con?ict, I believe independent counsel is urgently needed to fully advise the County regarding all available options. As such, I respectfully request that you cease all action in this matter and the related Nissan case correctly pending in Division Two of the Washington State Court of Appeals (No. 45039-9 Wash. Ct. App. 2015). I am also requesting that you appoint Jessie Harris of Williams, Kastner Gibbs, PLLC as a Special deputy prosecutor pursuant to RCW 36.27.040 to represent the County in these and any related cases. Finally, I request that you inform me of your progress in complying with the Supreme Court?s ruling of August 27, 2015, and cooperate with Mr. Harris to facilitate a smooth transition of representation. These requests are not criticism of you or the hard working members of your staff. As County Executive, it is my responsibility to act in what believe to be the County's best interests. Herc, those interests are most effectively served by securing outside counsel and avoiding even an appearance of a con?ict. FromzPierce County Executive 2537086628 11/18/2015 15:46 #886 Mark Lindquist Pierce County Prosecuting Attorney November 10, 2015 Page 2 of 2 Please inform me in writing by close of business on Friday, November 13, 2015 regarding your progress in appointing Mr. Harris, transitioning the case, and complying with the Court?s order. If I do not receive a reaponse by that time, i will have no option but to pursue ?mher legal action. Sincerely, Pat McCarthy Pierce County Executive cc: Dan Roach, County Council Chair Douglas Richardson, County Council Vice Chair Joyce McDonald, Exec. Pro Tem Jim McCune, Council Member Connie Ladenburg, Council Member Rick Talbert, Council Member Derek Young, Council Member Al Rose, Executive Director, Justice Services Jessie L. Harris, Williams Kastner Gibbs (email)