From:Pierce County Executive 2537988828 12/29/2015 18:53 #898 

neceweo
Mary E. Robnett DE: 28 
PO. Box 626
Tacoma, WA 98401 EXECUTIVE OFFICE

Mr. Michael E. Tardif

Freidmund. Jackson 85 Tar-dif. LLP
711 Capital Way South, Suite 60?.
Olympia, WA 98501

December 23, 2015

Re: Nissan v. Pierce County, at (12., Thurston County Cause no. 11-21-023 12-?



Dear Mr. Tardif:

I am writing regarding this Public Records Act litigation. In 2011. I was Chief Criminal
Deputy for Mark Lindquist in the Pierce County Prosecutor?s Of?ce. Although I have
been aware of the on-going litigation involving records from his personal cell phone. I
very recently became aware that three of the text messages at issue were between his
personal cell phone and my personal cell phone. My cell phone number is referred to in
the documents as 206-919-1450: (it is partially redacted in the court documents).

After he was appointed as prosecutor in September 2009. Mark used his personal cell
phone when he was not at his desk for almost all of his contacts: personal, political and
business. He used his personal phone almost to the exclusion of his county issued
blackberry device. He continued to use his personal cell phone in the same manner during
2010 and 2011. While I was Chief Criminal Deputy (September 2009 through 2011),
Mark contacted me almost daily, including frequent calls during evenings and weekends
to discuss concerns related to the running of the of?ce. Almost all his after?hours contacts
with me were made using his personal cell phone. Mark has characterized me as a
colleague with whom he socialized. That is accurate, but most of our contacts were work
related rather than purely personal.

Mark has also characterized one of his August 2, 2011 text messages to me as
?suggesting a political strategy to deal with a news story.? I was not involved in any
political campaign for Mark at that time. Mark is an elected of?cial and his daily
decisions related to the operation of the prosecutor?s of?ce often involved considerations
regarding his political and/or personal image. Regardless of his concerns related to his
image, the message from him to me related to a news story about a settlement he
brokered on behalf of the county. 

I recognize the county?s obligation to disclose public records. I have obtained the content
of the messages between his phone and my phone for the date August 2. 201 1. Given the
circumstances. at least one of his text messages to me related to the county business of

FramzPlerce County Executive 2537986628 12/29/2015 16:53 #893 P.0MIDDS

settling a claim against the ccunty and/0r the business at" dealing with resulting publicity
related to his settlement of the claim. The message is a "suggestion" or direelive to me, a
county employee As such. I believe the message cantains infom'lation that refers to or
impact: the actiuns. processes and functinns at" Pierce County gut/eminent or
information that relates to the conductor performance ofPieree County government,

Because you are now representing Pierce County in this case I am providing the content
quhe messages to you I understand you may provide the content to the trial court for an
in camera review if you feel it is necessary. I also understand that you or the coun may
determine that the content must be disclosed pursuant to the Public Records Acl.

Please feel free to Contact me if yuu hat/e any questions or concerns about this matter My
contact infurrnatiun is below. Thank you.

Sincerely.

Mary . une

WS 2112?

cc: Ms. Pat McCarthy
Pierce County Executive

Ms. Diane Ladenburg
Pierce County Public Records Ombudsman

Frum:Pierce County Executive 2537986628

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