VIA E-MAIL: councilmember.berliner@montgomerycounty.gov & Councilmember.Berliner@montgomerycountymd.gov September 25, 2012 Mr.

Roger Berliner Montgomery County Council President 100 Maryland Avenue Rockville, MD 20850 Dear Roger: I am responding to your letter to me of September 25. You addressed me as Mr. Davis. After all these years of knowing each other and fighting together for the progressive values of the Democratic Party, I hope from now on you will feel free to call me Lanny. A brief response to your letter: 1. I never used the word lied. Your word essentially is your word it is subjective. I used the factual words false and misleading. I also stated that you might have been misinformed about the facts. I challenged you and Ike the night of the precinct officials meeting to rebut my assertion that the effects bargaining law the Council has overturned creates an exception for any rule or directive significantly affecting the publics safety in which case there would be no delay whatsoever in the Chief being able to implement his decision. I also stated that the law provides, at most, a 50 day time period if the Chief chooses to declare an impasse regarding a management prerogative (not significantly effecting public safety) subject to bargaining over the effects of that prerogative. I asked you at the meeting, and I ask again: Am I correct? 2. In my letter to you, I stated that we can inform precinct officials about the issue and still be decent, civil, and discuss this issue at the highest levels. I also stated in my letter to precinct officials that I have the greatest respect for you and Ike and still do. I hope you will reconsider your position especially in light of my assertion, still unrebutted, that the law that the Council has overturned does not, despite your assertions to the contrary, delay the Chief from implementing public safety issues immediately or, at the most, two months.

Response Letter to Mr. Roger Berliner September 25, 2012 Page Two

3. Finally, I asked whether you would suggest another council member to debate me if you are not willing to. You did not do so perhaps unintentionally. May I ask all other council members who are copied on this letter will you meet me in front of LD Caucuses to have such a high level debate? Is Roger speaking for you when he declines to do so? I still am asking for a chance to speak to LD caucuses, as you know. I would hope, Roger, you would reconsider; or I would hope, my fellow Democrats on the Council, that you would agree to meet me if Roger wont and I promise the debate will be high level and respectful.

Lanny J. Davis Attorney for Montgomery County Fraternal Order of Police cc: Cindy Gibson, Chief of Staff, cindy.gibson@montgomerycountymd.gov Councilmember Andrews, councilmember.andrews@montgomerycountymd.gov Councilmember Elrich, councilmember.elrich@montgomerycountymd.gov Councilmember Ervin, councilmember.ervin@montgomerycountymd.gov Councilmember Floreen, councilmember.floreen@montgomerycountymd.gov Councilmember Rice, councilmember.rice@montgomerycountymd.gov Councilmember Riemer, councilmember.riemer@montgomerycountymd.gov Councilmember Leventhal, councilmember.leventhal@montgomerycountymd.gov Councilmember Navarro, councilmember.navarro@montgomerycountymd.gov County Council, county.council@montgomerycountymd.gov County Executives Montgomery County Democratic Central Committee Montgomery County Delegation Precinct Officials