September 17, 2010

By E-Mail and Regular Mail

Dennis Bailey
Savvy, Inc.
22 Monument Square
Portland, ME 04101-4049

Dear Mr. Bailey:

Thank you for agreeing to a voluntary interview on September 13, 2010 in which you
provided the Ethics Commission staff with some information concerning the Cutler Files
website. As we advised you, at a meeting on September 9, 2010, the Commissioners
authorized the staff to investigate the website as an apparent violation of 21-A M.R.S.A.
§ 1014.

During the interview, you declined to answer some questions, explaining that you wanted
an opportunity to speak to the people who are responsible for the website. The
Commission staff has considered the information you provided and the changes to the
website that have been made since September 9. The staff and counsel continue to
believe that a violation occurred, and that the investigation authorized by the
Commissioners is appropriate.

The Commission Chair, Walter F. McKee, supports continuing the investigation, and has
signed a subpoena requiring you to provide sworn testimony to the staff of the
Commission on Friday, September 24th at 9:00 a.m. Our intention is that your testimony
would be provided to Assistant Director Paul Lavin and to me. The format would be
similar to our September 13 interview, except that we would require your responses to be
sworn.

I have attached a copy of the subpoena requiring you to provide testimony at our Augusta
office on September 24 (one week from today). The Commission staff is flexible as to
date and time, in case you wish to propose an alternative. We are hopeful that you will
continue to cooperate with the Commission’s investigation. If, however, you wish to
raise a legal objection to the subpoena, you may wish to consult an attorney and follow
the directions for bringing an objection in the third paragraph of the subpoena.
Dennis Bailey
Page 2
September 17, 2010

Please let me know by e-mail or telephone whether or not you agree to accept service of
the subpoena through the U.S. Mail and/or by e-mail. If so, please sign the attached
acceptance of service and mail it back to me in the enclosed envelope. If you do not
agree to accept service, then the Commission will arrange to have the original subpoena
delivered to you personally.

If you want to discuss this matter, please call me at 287-4179.

Sincerely,

Jonathan Wayne
Executive Director