‘STATE OF MAINE, COMMISSION ON GOVERNMENTAL ETHICS ‘AND ELECTION PRACTICES 135 Stare House Station a AuGuSTA, MAINE (04333-0135 September 17, 2010 By E-Mail and Regular Mz Dennis Bailey Savvy, Ine. 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 staf 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.RS.A. § 1014, During the interview, you dectined 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 swom testimony to the staff of the Commission on Friday, September 24" 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 swom. Thaye attached a copy of the subpoena requiring you to provide testimony at our Augusta office on September 24 (one week from today). ‘The Conumission staff is flexible as to date and time, in case you wish to propose an alternative. We are hopefil 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 attomey and follow the directions for bringing an objection in the third paragraph of the subpoena, OFFICE LOCATED AT: 45 Memorial Circle, Aucusta, MAINE. WEBSITE: WWW.MAINE.GOV/STHICS PHONE: (207) 287-4179 FAX: (207) 287-6775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, jan Wayne sutive DirectorSTATE OF MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES WITNESS SUBPOENA To: Dennis Bailey of Portland, Maine: ‘You are hereby commanded to appear and attend at the Commission on Governmental Ethics and Election Practices for the State of Maine, at its offices located on the second floor of the building at 45 Memorial Circle, Augusta, Maine, on the 2a" day of September, 2010, at 9:00 a.m, to testify and give evidence to the Commission staff as part of the Commission’s investigation, pursuant to 21-A M.R.S.A. § 1003, concerning the Cutler Files website. ‘This subpoena is issued on behalf of the Commission on Governmental Ethics and Election Practices, pursuant to 21-A M.R.S.A. § 1003(1) & (2), and the Commission’s rules, 94-270 CMR. c. 1, § 5 (1). The Commission’s attorney is Phyllis Gardiner, Assistant Attomey General, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006. She may be contacted at (207) 626-8830. If you object to the subpoena, you must petition the Commission on Governmental Ethics and Election Practices to vacate or modify the subpoena before September 23, 2010. After such investigation as the Commission considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or evidence for which production is required does not relate with reasonable directness to any manner in question, or that a subpoena for the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested. PLEASE TAKE NOTE that your failure to act in accordance with the commands of this subpoena may result in imposition of sanctions as provided by law. This subpoena shall continue in force anid effect until such time as your testimony in this matter is completed or until you are released from the subpoena. oral. A WALTER FP. MCKEE, CHAIR Commission on Governmental Ethics and Election PracticesOn September ___, 2010, T accepted the service by mail/clectronic mail of the attached subpoena to testify and give evidence at the offices of the Commission on Governmental Ethics and Election Practices, at 45 Memorial Circle, Augusta, Maine, on or before September 24, 2010, and do by signing below, acknowledge that I promise to respond to the subpoena as directed. Dennis Bailey