aos) pus Morpny Burns BARBER & Murray LLP ArToRNevs AND COUNSELORS ATLAW {26 GREXT OAKS BOULEVARD ax S1B6900059| sre December 24, 2014 ver ave ‘wut steer Personal and Confidential a joe Attorney-Client Privilege Hon, Daniel P. McCoy Albany County Executive 112 State Stret, Room 900 Albany, New York 12207 Hon, Shawn M. Morse Chairman, Albany County Legistature 112 State Street, Room 710 Albany, New York 12207 Re: Pope v. County of Albany, 11-CV-736 Dear Mr. MeCoy & Mr. Morse: ‘The County Attomey and I have represented the County of Albany and its Board of Elections in the pending Voting Rights Act matter since July 2011. Without exception, Ihave been involved inal stages ofthe litigation, and I have kept all interested County officials informed of relevant developments and involved in litigation strategy. The County has been unified in its defense that Local Law C of 2011, which redisricted the County Legislature, was operly enacted, met all egal requirements, and, by providing for effective majority-minority istrets, protected the rights of minority voters. Atthe November 21* settlement conference with Judge Hummel, it became apparent that the County Executive and County Legislature did not share a unified settlement position and that |Leould not represent the County in settlement discussions. The County Attorney and I advised ‘the Judge Hummel ofthe conflict of interest and our ecusal ftom future discussions until the County had a unified settlement position. Ttwas my understanding that other attomeys, who had ‘entered appearances upon behalf of the County Executive and the County or had attended conferences, would handle future setlement discussions. On Tuesday, December 16%, learned that, without my knowledge or any prior notice to sme, asetlement proposal was emailed to plaintiffs and Judge Hummel. I later leamed that it had been submitted by the County Attorney atthe direction of the County Executive with the representation to Judge Hummel that it was supported by the County Legislature. I later learnedon, Mr: McCoy & Hon. Mr. Morse -Page2- December 24,2014 Personal and Confidential ‘Attorney-Client Privilege that hs representation wes fe. Tals learned tha, tthe direction ofthe County Exeetve's office, the Coty Atlorey was ordered not inform me a the County Executive's Setlement proposal oth fale representation thst it was backed by the Lasatre’s leaders [subsequently spoke with Judge Hummel who confirmed that he had been advise, in ‘writing and orally, tha the settlement proposal was supported by the County Legislature's leaders. Upon inquiry from Judge Hummel, I stated that this representation was false, and that the day before, the majority caucus in the County Legislature had rejected key provisions of the proposal by a vote of 200 2. [also discussed with Judge Hummel that these misrepresentations ‘sed a potential conflict of interest with my further involvement in the litigation. ‘This confit of interest was exacerbated when I learned that the County Executive's office had directed the County Attomey to continue settlement discussions. Days ealir, the ‘County Legislature's leaders told the County Attorney and me that they were proceeding with a scheduled public hearing on a local law to immediately downsize the legislature and that there ‘as no interest in settlement based on amending Local Law C. ‘On December 22", Judge Hummel ordered the County Attomey and me to appear ata settlement eonference on December 23". The County Attomey arrived, without my knowledge, with the County Executive and Deputy County Executive to discuss the pending settlement proposal. No representative of the County Legislature was invited to attend. I reminded everyone that I remained recused from seltlement discussions. The County Executive's office questioned whether my actions and presence violated fiduciary duties, and intimated that I was ‘undermining their setlement efforts ‘Upon inquiry, I informed Judge Hummel thatthe County Legislature's leaders ad told the County Attomey and me tat they did not support the County Executive's proposal and were proceeding with downsizing. | advised Judge Hummel thatthe County Attomey's roe in settlement diseussion was his choice and that my conflict of interest remained. We agreed that I ‘could not ethically participate in discussions of a settlement propossl opposed by the County Legislature. Later that day, I received notice thatthe Court had signed a stipulation of seitlement, signed by the County Atlomey upon behalf of defendants, which orders the County ‘Legislature to vote on the County Executive's settlement proposal on December 29" and gives plaintiff the right to seek sanctions against the County ifa vote isnot taken. To my knowledge, ‘the County Legislature was not consulted before the stipulation was signed. ‘Based on these events, Ihave reached the conclusion that there has been a complete breakdown inthe attomey-client relationship and trust with the County Exeeutive and County ‘Attorney which has created an inability for me to represent the County. 1 advised Judge Hummel ‘of my intention to withdraw. [have also informed the County Attorney of my decision. Bese I cc: County Attorney