Coen, Cooper ‘lata, Georgia 30339 Phe 404814 g000 July 6, 2020. VIA EMAIL, Ed Densmore (ed.densmore@johnsereekga.po0v) City Manager City of Johns Creek, Georgia Ron Bennett (ron.bennet@earmitch.com) City Attomey City of Johns Creek, Georgia RE: Chris Byers». City of Johns Creek Dear Gentlemen: Daryl Cohen aad I enjoyed meeting with you both recenly in Johns Creek (the “City") ‘As you know, our law firm represents Chris Byers in matters periining to his employment as Police Chief of Johns Creek. ‘This letter isan offer of compromise and setlement and is therefore generally inadmissible in any legal proceeding ‘You are well versed with the facts that have transpired over the last few weeks, probably ‘moreso than Tam. This matter began wen Chris published a letter to local religious leaders on his private Facebook page. The post was long, heartfelt, and thoughtful it captured what many police officers were feeling at ther places of worship. For some reason, the City chose to make the private post public by placing a link to it on the City’s official website. Because of the subsequent public interest in Chris's post and the general racial unrest going on in the country, Chris and Mr. Densmore agreed that Chris would take a few vacation days away from the City. During Chris's away, a certain City Councilman began an unofficial ‘campaign to have Chris fired. That Councilman contacted City employees directly, whichis violation ofthe City’s Charter. He then took it upon himself to lead witch hunt with the sole ‘purpose, as the Councilman has told several police officers to have Charis fired because of his Facebook post. The Councilman led the charge t find any City employee that could dig up dirt ‘on Chris so that an “investigation” of the police department an Chris could take place. Chris ‘was informed upon his return from vacation that he was being place on administrative leave awhile such “allegations” could be investigated. The whole City knows thatthe investigation isa complete sham, designed only to placate the Councilman who has a personal vendeta against certain City employees relating to the Couneilman’s past employment as a police officer. The timing of the “investigation,” which raises old issues but nly came on the heels ofthe Facebook Post, is evidence by itself ofthe improper nature of the proceeding. In addition, the complete Tack of due process in the investigation, which is being done in secret while the Mayer talks publicly to reporters, also implicates Constitutional concerns. Chris's Faccbook post is protected by both the free expression clause and the free exercise clause ofthe First Amendment. Additionally, any action taken against him because of his religious views, which were expressed in his post, would violate Title VIL. This is clear instance where a public official has not waived his First Amendment protections because the post ‘was private, it omncemed a matter of public interest (rather than a private grievance), and it did not affect the performance of he police foree in doing their jobs. If anything, the City has caused frustration in the force by placing Chris on leave, As you know, the Johns Creek force is widely recognized as one ofthe most highly trained and best in the county. have researched a good bit and have not found that Johns Creek has a social media policy for its employees. Ifthere is one, please point me tit, I there isnot, I strongly suggest ‘that for the future the City develop one so tha its employees will have proper guidance. The lack of one will affect the City’s defenses in eases like this, As we suggested to you in our meeting, perhaps the best thing for everyone involved ‘would be for Christo resign and recive a severance package. This would be alot more inexpensive than protracted litigation in which th City if it lst, would stand to be lable for ‘hundreds of thousands of dollars of attomeys’ fes in addition to whatever damages a court would ava ‘You may recall the highly publicized case in Atlanta a few years ago where fire chief Kelvin Cochran was fired for handing out to subordinates a self-published book he wrote condemning gays on account ofthe chief's religious beliefs. Ultimately, the Atlanta City Council voted to pay Cochran $1.2 milion rather than continue with a lawsuit. Cochran's actions were taken at work, on work time, and were much more pointed than Chris's well- balanced and thoughtful letter to religious leaders (not to the police department), ‘Chris's yearly pay package, with salary and benefits, is approximately $165,000. The City’s actions (including generating unnecessary publicity and commenting in the media sbout the “investigations”) have already ireparably damaged his career. It willbe difficult for him to find employment, especially atthe level he currently holds, for along time. As you both know, Cris is a well-liked, thoughtful, kind-hearted Christian who is widely known as “one of the good guys.” He isan excellent police officer witha spotless record, well-deserving of his recent promotion to ChiefCris would be willing to resign in exchange for 2 years” severance ($330,000), plus {$110,000 in attorneys’ fees, fora total of $440,000, We would also require as part of any settlement that the City Manager author a favorable job reference for Chris and thatthe eurent “investigation” be closed. If we are abe to sete the matter, we could agree on an appropriate public statement or press release. Chris is willing to meet with you at any time. He has nothing to hide, Please let me know if you need anything else from me or Darryl, and thank you for your time Sincerely, ce: Darryl B, Cohen (via email)