Gary Lawson - Scott Griggs Email Exchange | Blog | Public Sphere

From: Griggs, Scott [mailto:scott.grigg s@dallascityhall.

com] Sent: Thursday, July 25, 2013 3:27 PM To: Lawson, Gary Cc: Tettament, Richard; Joshua Mond; Tolson, Linda; George Tomasovic Subject: Re: DPF Attorney Client Privileged and Confidential Rumor regarding Mike Snyder

Gary: Thank you for the email and information. I understand from your email that neither you nor any member of the System, including Richard, were aware of Mike Synder's actions and Mr. Synder acted alone without consultation of the System . Please let me know if my take-away is incorrect or in error. Richard & George : I recommend the System end its relationship with Mike Synder, if we haven't done so already. I also recommend, as a matter of policy, that we formulate a clear and positive PR policy on this matter. Please advise. Regards, Scott

On Ju125 , 2013, at 11:41 AM, "Lawson, Gary" <Garv.Lawson({l)> wrote:

Scott, Richard has forwarded to both Josh and me your email inquiry regarding Mike Snyder below. As you may already know , Richard has been and still is in year old mother. She had two days ago. with hiS.

I just read a post attributed to Mike Snyder's use of a screen name that Gary Jacobson forwarded to Richard. I believe this might be the post Gary Jacobson or Steve Thompson must have forwarded to you as well? It read,
"The bully in this equation has been the Nesher's carefully crafted PR campaign through surrogates like Mayor Rawlings, Tom Luce (who took the siefe of the Nesher instead of being an independent go between) ...

Mike was clearly not professional or respectful in his comments on Mayor Rawlings or Tom Luce's engagement in these matters.
~ r-



While that post obviously reflects Mike's frustration both with the very one sided presentation of the reflection issue in both the Dallas Morning News and D Magazine (then, and still today) and the inexplicable unwillingness of the Nasher to enter into any sort of dialog, it was unprofessional of Mike Snyder to menti on the Mayor and Tom Luce. I think everyone associated with the System recognizes that like most metropolitan areas around the nation today, Dallas has only one major newspaper and this very powerful news outlet has become an oracle for one side in this issue. I think you would agree that the Dallas Morning News has not given the Pension System a fair public hearing; they are not engaging in mere journalistic reporting , but rather are strongly engaged in opinion shaping? We also must recognize that if this dispute finds itself played out in a court of law, any jury pool will no doubt have been informed by the message the media has shaped . No amount of voir dire will be sufficient to weed out the prejudices sowed by the media here. I trust too that your legal opinion is not unlike mine; that the System and Museum Tower have not violated the property rights of the Nasher and the building has not created an actionable nuisance, which would lead a court to find Museum Tower and the System liable to change the glass skin of Museum Tower? That being said, it is not only proper for the System to defend itself in the media, to attempt to get out the factual information about the science and history of the property, about Ray Nasher being first offered the land which is now the site of Museum Tower, and the Nasher's attempt to convince the City to condemn the site as well, but probably necessary as good stewards of the System 's assets to try and get this information out to turn public opinions and thereby increase the value of the System's asset of Museum Tower. As a patent lawyer I am sure you agree that telling the System's engineering story , showing the Nasher's roof for what it is, a patented engineering solution , not a work of art, and that all engineering goes through enhancements, especially in light of both the single newspaper city we have, and the fact that today even nations are brought to their knees by social media (e.g. Egypt), engaging in putting out a balanced position in that medium is essential. It is thus just and fair for the System to have a voice in the realm of blogging, not only to help attempt to shape public opinion to influence Nasher to "try the oculi solution", as well as public officials like Mayor Rawlings, who has on more than one occasion tried to influence the outcome in favor of the Nasher's requested change to Museum Tower or to sell the building to a highly regarded real estate

developer (both of which efforts are in complete derogation of the fiduciary duty you and each board member are obliged to uphold), but also to assure that if there is a trial, the System has a hope of seating a just and unbiased jury pool without having to ask for a change of venue. The electronic posting by police officers, firefighters and by persons engaged by Mike Snyder, was, we have come to now learn, perceived by Mike as the way that the System could, in light of a single newspaper city, balance the huge negative commentary both by the Dallas Morning News and D Magazine. No one at the System or in my firm or otherwise were aware of these words until after they were public and we had no idea that Mike had used a screen name, although the use of pseudo' names seems more common then not not only in most blogs but certainly on both sides of this public debate. Further, Scott, the fact that the Dallas Morning News tracks down the identity of person who posts anonymously, as many people do in commenting about matters, especially ones the media themselves put into play, is frankly quite chilling. Some might suggest that the DMN violates its trust with the public when it ascertains the identity of any blogger? But, their conduct becomes more shocking when they further take those names and go to you, a governmental official, a City Council Member and a member of the Board of Trustees of the Dallas Police and Fire Pension System, and complain that using a screen name by someone who in some capacity is working for the System was wrongful. Isn't this an egregious attempt to chill the System's right to public commentary? Have they asked the Nasher to identify if any of the pro-Nasher blogs work for the Nasher? If people don't have an implied trust with newspaper and other media outlets isn't that almost as frightening as the federal government's capture of all phone conversations or the Chinese government crackdown in Tiananmen square? I am sure that if you examine blogs you will see that a large number, perhaps the majority of people don't identify themselves. That is the nature of that medium. We also have suspicion based upon certain reported trends that representatives of the Nasher themselves and persons working for the Dallas Morning News may be commenting on their own blogs to help generate both controversy and traffic. That too, I guess is the nature of that medium.
Gary Lawson , Strasbu rger & Price, LLP • 901 Main Street, Suite 4400, Dallas, TX 75202 • Office 214 .651.4 307 cell 469.964.8500 • Fax 214.659.4045

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From: Scott Griggs
<scoLL griggs(it2(h! IlasciL vhal l.coll1<maiIL o:scOlL.griggs0>,dallasciL»

Date: July 23, 2013 , 6:04:46 PM EDT To : Richard Tettamant <tetta mantfa),<mailto:tetta mant([D,», George Tomasovic < masov ic@dpJp .org<mai lto:g.tomasov ic@dpJp.o rg>> Subject: Rumor regarding Mike Synder Richard & George : I have heard a credible rumor that Mike Synder, while being a consultant employed by the Pension Fund, Museum Tower and/or affiliated entity, used fake FaceBook accounts and/or other false Internet aliases to attack City of Dallas elected officials and various high profile art patrons. Is this true? Or any part of this true? These are very serious rumors. If there is any truth to this , the Board needs to be made aware immediately and action needs to be taken . Please advise. Thank you for looking into this matter.

This email message and any attachments are confidential and may be privileged. If you are not the intended recipient, please notify Strasburger & Price, LLP immediately -- by replying to this message or by sending an email -- and destroy all copies of this message and any attachments. Thank you.

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