Bill Aleshire

From: Bill Aleshire <aleshire@r-alaw.com>

Sent: Monday, July 22, 2!" #:2! $M
%o: &'eor(e )yde&
*c: +im,erly Fuchs
-.im,erly./uchs@te0asattorney(eneral.(o12
Su,3ect: Allala 1 4l $aso

'eor(e,
)ere is how 5 would summari6e Ms. Allala7s 8osition re(ardin( the *ity7s in9uiry
a,out settlement o/ this lawsuit as a result o/ the discussion we had today with +im
Fuchs, Asst. Attorney 'eneral, Syl1ia Firth, you and me:

!. Ms. Allala is not willin( to (i1e u8 on (ettin( 8u,lic disclosure o/ corres8ondence
conducted ,etween the Mayor, *ity *ouncil, and *ity Mana(er a,out city ,usiness as
re9uested in her o8en records re9uest o1er : months a(o. As.in( her to do so is not
as.in( /or a settlement, it7s as.in( her to surrender her 9uest /or trans8arency.

2. 5 was 8leased to hear /rom the *ity Attorney that this *ity *ouncil wants to start
o8eratin( in a more o8en /ashion than 8rior *ouncils, and not conduct 8u,lic ,usiness
usin( 8ersonal email accounts, and when 8ersonal email accounts are used, to 8rom8tly
/orward that corres8ondence into the *ity7s ser1ers to /acilitate the 8u,lic in/ormation
8rocess. 5/ all the mem,ers o/ this *ouncil, and the *ity Mana(er, understand what is
and what is not 8u,lic ,usiness;a necessary 8redicate /or 8ursuin( this new
trans8arency and com8liance with lon(-standin( records retention laws;then each o/
the *ouncil mem,ers and the *ity Mana(er ha1e the s.ill and understandin( how to (o
,ac. to their 8ersonal email accounts and 8ro1ide the *ity with any emails that were
within the sco8e o/ Ms. Allala7s o8en records re9uest, thus /acilitatin( the *ity7s
disclosure o/ that corres8ondence, and, 5 mi(ht add, /acilitatin( settlement o/ this lawsuit.

". 5/ all the 8ersons to whom the Allala o8en records re9uest was addressed -*ouncil
and *ity Mana(er2 ha1e already turned o1er all records within the sco8e o/ that re9uest,
then we would re9uest that that ,e documented in a sworn statement /rom each o/ them
to that e//ect.

<. 5/ some o/ the 8ersons to whom the Allala o8en records re9uest was addressed
ha1e continued to withhold records that were in their 8ossession at the time o/ the
re9uest and that are within the sco8e o/ the re9uest, then, i/ they want this case to settle,
those *ity o//icials must turn those records o1er /or 8u,lic disclosure and si(n a sworn
statement that they ha1e then turned o1er all res8onsi1e records in their 8ossession.

=. 5/ some the 8ersons to whom the Allala o8en records re9uest was addressed insist
on retainin( records within the sco8e o/ the re9uest, then, in order to settle the case, we
would e08ect the *ity *ouncil to ,rin( suit a(ainst those *ity *ouncil o//icials, /ormer
o//icials, or *ity Mana(er, 8ursuant to the >ocal 'o1ernment ?ecords Act, to re9uire
them to turn o1er to the *ity the @local (o1ernment recordsA in their 8ossession.

#. Be e08ect Ms. Allala7s attorney /ees and direct costs related to this lawsuit, so /ar
estimated to ,e a,out C2,=, will ,e 8aid as 8art o/ any settlement.

D. Be ,elie1e that the redaction o/ the email addresses used ,y *ity *ouncil
mem,ers and the *ity Mana(er to communicate with each other a,out city ,usiness are
not con/idential and cannot ,e redacted, des8ite the rulin( to the contrary ,y the
Attorney 'eneral. Be would need to resol1e this issue as 8art o/ any settlement.

5/ this matter is not settled on these terms, it is my intention to continue with disco1ery,
includin( de8ositions o/ the *ity Mana(er and *ouncil mem,ers who had 8ossession o/
res8onsi1e records ,ut ha1e not turned them o1er. %hat disco1ery would ,e 8ursued in
Au(ust and Se8tem,er. Finally, let me say that Ms. Allala ho8es this matter can ,e
settled, and that a new day o/ (reater trans8arency has truly come u8on the *ity o/ 4l
$aso, ,ut that new day cannot start until all the *ouncil ?e8s and the *ity Mana(er
disclose the re9uested records o/ 8ast 8u,lic ,usiness they still 8ersonally 8ossess.

Bill Aleshire
?i((s Aleshire E ?ay $*
D >a1aca, Suite :2
Austin, %e0as DFD!