Darnell Earley

Darnell, Per Ms. Henderson, the City will reimburse for expenses as requested not to exceed $1,000. Anthony Chubb Interim City Attorney City of Flint Sent from my iPhone

Thank you Darnell. By way of this reply, I am copying in CFO Jody Lundquist and City Administrator Natasha Henderson to make this determination. Thanks, Anthony Chubb Interim City Attorney City of Flint 1101 S. Saginaw Street, 3rd Floor Flint, MI 48502 (810) 237-2078 This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby natified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited.

Good Morning Tony: As you may know, | have been subpoenaed by the Chairman of the House of Representatives' Committee on Oversight and Government Reform to, ”...testify at a deposition touching matters of inquiry committed to said committee or subcommittee." The matter is related to and entitled, “Examining Federal Administration of the Safe Drinking Water Act in Flint, Michigan." The deposition is scheduled for 10:00 a.m., Thursday, February 25, 2016. it will be held at 2154 Rayburn House Office Building: Washington, D.C. 20515. xxxEND_PAGE:treasury01_b39_6977_7316_036 The Witness instruction Sheet issued to Governmental Witnesses states in part: "The Committee does not provide financial reimbursement for witness travel or accommodations..." Please consider this email as my request for reimbursement for my documented expenses in an amount not to exceed $1,000. The request is being made pursuant to the terms and conditions of my contract while serving as Flint Emergency Manager, with specific reference to coverage provided for legal matters arising

We don't agree with that statement. That was referring to 'another' timeline that alleged that. Wayne's staff relooked thru files. We could not find anything.

Tom, What documents are they referring to that say Kurtz Vetoed the council changes to the resolution and they notified Treasury they were not considering the river? DE

Thanks for the call Bill. I'm available all weekend. The more I think about it, this can also be a great opportunity to explain how PA 436 works in relationship to local government decision making, among other things. DE

Importance: High FYI DE Darnell Earley, ICMA-CM, MPA Emetgency Manager Detroit Public Schools

Are you aware that you have been called to testify before congressional committee next Wednesday? Sent from my BlackBerry 10 smartphone.

Bill, Were you aware of this? Please advise, DE Darnell Earley, ICMA-CM, MPA Emetgency Manager Detroit Public Schools

Bill, Were you aware of this? Please advise, DE Darnell Earley, ICMA-CM, MPA Emergency Manager Detroit Public Schools

Dear Mr. Earley: Attached please find an invitation letter for the Committee on Oversight and Government Reform hearing on Wednesday, February 3, 2016, at 9:00 a.m. in room 2154 Rayburn House Office building. Please see the Witness Instruction Sheet for details on testimony. Please deliver 60 copies of your testimony and bio stapled together and delivered no later than Monday, February 1, 2016, at noon. Please send an electronic copy as soon as it is available. Please contact us with any questions. Thank you, Sharon Casey xxxEND_PAGE:treasury01_b41_7622_7971_325 Sharon Ryan Casey Deputy Chief Clerk Commntice on Oversight and Government Reform Y 2157 Rayburn Building, Washington, DC 20515 202-593-8219 sharon casey@mail house gov xxxEND_PAGE:treasury01_b41_7622_7971_326 AB0N CuarrETz, UTAM ONE HUNDRED FOURTEENTH CONGRESS bar fetes yearning Congress of the Gnited States House of Representatives COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM 2157 RAYBURN House OFFICE BUILDING WASHINGTON, DC 20515-6143 Masonry (202) 225-5074 Moncrry @02) 228-8031 http Jhoveresgha house.gow January 29, 2016 Mr. Darnell Earley Former Emergency Manager City of Flint, Michigan Dear Mr. Earley: The Committee on Oversight and Government Reform hereby requests your testimony at a hearing titled, “Examining Federal Administration of the Safe Drinking Water Act in Flint, Michigan” on Wednesday, February 3, 2016, at 9:00 a.m. in room 2154 of the Rayburn House Office Building. This hearing will examine the ongoing situation in Flint, Michigan, and the implementation of the Safe Drinking Water Act by federal agencies. You should be prepared to provide a five-minute opening statement and answer questions posed by Members. The enclosed Witness Instruction Sheet provides information for witnesses appearing before the Committee. In particular, please note the procedures for submitting written testimony at least two business days prior to the hearing. If you have questions, please contact Bill McGrath of the Committee staff at (202) 225-5074. Jason Chaffetz Chairman Sincerely, Enclosure xxxEND_PAGE:treasury01_b41_7622_7971_327 Witness Instruction Sheet Governmental Witnesses 1. Witnesses should provide their testimony via e-mail to Sharon Casey, Deputy Chief Clerk, no later than 10:00 a.m. two business days prior to the hearing. 2. Witnesses should also provide a short biographical summary and include it with the electronic copy of testimony provided to the Clerk. 3. At the hearing, each witness will be asked to summarize his or her written testimony in five minutes or less in order to maximize the time available for discussion and questions. Written testimony will be entered into the hearing record and may extend to any reasonable length. 4, Written testimony will be made publicly available and will be posted on the Committee’s website. 5. The Committee does not provide financial reimbursement for witness travel or accommodations. Witnesses with extenuating circumstances, however, may submit a written request for such reimbursements to Robin Butler, Financial Administrator, 2157 Rayburn House Office Building, at least one week prior to the hearing. Reimbursements will not be made without prior approval. 6. Witnesses with disabilities should contact Committee staff to arrange any necessary accommodations. 7, Committee Rules governing this hearing are online at www.oversight.house.gov. For inquiries regarding these rules and procedures, please contact the Committee on Oversight and Government Reform at (202) 225-5074. xxxEND_PAGE:treasury01_b41_7622_7971_328 Pleyte, Beth (Treasury)

Darnell; Attached is the policy that was requested. With respects to the renewal here is where we stand. The current carrier ACE has non-renewed the first layer of coverage (initial $1M) and the market is turning with respects to covering any prior acts before the renewal. The excess carrier lronshore is also unwilling to renew the second layer ($2M). Both have stated the Flint water situation is making them uncomfortable to continue offering coverage at any price. (You will have the option to purchase extended reporting which | will describe later in a paragraph below) With the City of Flint making National headlines the marketplace is tightening up and unwilling to offer coverage with any prior acts. This means we cannot purchase a policy at this point that will cover any potential claim (act) that will provide coverage prior to 12/18/2015. We are searching the marketplace for a carrier that will consider writing a new policy going forward only. That will be the most cost effective way to go, albeit you will have potential exposure for a prior act. But remember it is our understanding that PA 436 (attached) affords protection for you if you are unable to procure a policy. Our marketing was also delayed in this endeavor as during these efforts it came to our attention the current DPS broker, who we believe is AON, was searching for coverage thus blocking certain markets for us to approach. That further delays the process when two brokers are going to the same carriers. We do not know what the outcomes from that research yielded but it is preventing us from accessing those declinations or proposals. On top of this we do not know the parameters discussed with the carriers by the AON? Were they looking for prior acts or a policy just going forward? This could make a significant difference in what carriers will think or be willing to offer. We would respectfully ask you to consider one broker to obtain the coverage for you as the insurance industry becomes muddled and slow with more than one broker going to the same carrier(s). Only one broker is going to get a proposal or declination and the other will have to ask for a release from you to obtain access to the carrier(s). We are comfortable with any decision you make as the ultimate goal is to get coverage for you. With respects to the expiring policies they do provide for an extended reporting period of 12 months from the expiration date of 12/18/2015. The cost for the extended period is $1,118 for the first fayer ($1 M) and $4,100 for the second layer ($2M). We would advise taking advantage of this option as it will give you another 12 months to present claims incurred prior to 12/18/2015, which would include time spent in Flint and it xxxEND_PAGE:treasury01_b40_7317_7621_052 DPS. We have 30 days to decide whether to accept the offer for the extension. Just let us know. We know this is last minute, but the delay in getting the renewal information, the complexity of the Flint issue and the current DPS broker blocking the markets hindered our ability to have quotes presented on a timely basis. Please let us know how you would like us to proceed as we are blocked at our other markets. Regards, Steve

Darnell; Attached is the policy that was requested. With respects to the renewal here is where we stand. The current carrier ACE has non-renewed the first layer of coverage (initial $1M) and the market is turning with respects to covering any prior acts before the renewal. The excess carrier Ironshore is also unwilling to renew the second layer ($2M). Both have stated the Flint water situation is making them uncomfortable to continue offering coverage at any price. (You will have the option to purchase extended reporting which | will describe later in a paragraph below) With the City of Flint making National headlines the marketplace is tightening up and unwilling to offer coverage with any prior acts. This means we cannot purchase a policy at this point that will cover any potential claim (act) that will provide coverage prior to 12/18/2015. We are searching the marketplace for a carrier that will consider writing a new policy going forward only. That will be the most cost effective way to go, albeit you will have potential exposure for a prior act. But remember it is our understanding that PA 436 (attached) affords protection for you if you are unable to procure a policy. Our marketing was also delayed in this endeavor as during these efforts it came to our attention the current DPS broker, who we believe is AON, was searching for coverage thus blocking certain markets for us to approach. That further delays the process when two brokers are going to the same carriers. We do not know what the outcomes from that research yielded but it is preventing us from accessing those declinations or proposals. On top of this we do not know the parameters discussed with the carriers by the AON? Were they looking for prior acts or a policy just going forward? This could make a significant difference in what carriers will think or be willing to offer. We would respectfully ask you to consider one broker to obtain the coverage for you as the insurance industry becomes muddled and slow with more than one broker going to the same carrier(s). Only one broker is going to get a proposal or declination and the other will have to ask for a release from you to 1 xxxEND_PAGE:treasury01_b26_3730_4111_147 obtain access to the carrier{s}. We are comfortable with any decision you make as the ultimate goal is to get coverage for you. With respects to the expiring policies they do provide for an extended reporting period of 12 months

Thanks for the information Steve. | had asked for an electronic copy of the policy and current status given the recent email traffic regarding not only this issue but the renewal status as well. | continue to await that information. Thank you for your assistance with those matters as expeditiously as possible. Darnell Sent from my iPhone

Tom, Just checked with Bill Wreising at PC. He is my contact there and knows nothing about it. He is going to ask around there to see where that might have come from, meanwhile... Keep bugging the AG! Sent from my iPhone

T have not retained anyone. Sent from my iPhone

| heard from the AG that you guys have retained or are retaining Plunkket Cooney... if that is so let me know & | won’t bug the AG. And does the City know & have they agreed to pay ?

So note Tom. The best number to reach me is: Sent from my iPhone

Ed/Darnell/Jerry — As you are aware the Governor formed an independent task force to review actions/steps taken regarding the Flint water situation & to develop for the future should such a situation arise again. Ken Sikkema (who you probably know is now with Public Sector Consultants and a former legislator) is leading that task force effort. He requested contact info for each of you. Specifically, Ken is looking for background from your perspective(s) as EMs as events occurred in Flint as well as other related questions. I know you will give Ken your full cooperation. By this email & as a way of introduction; he now has your email addresses & you have his. Please also send him your phone numbers. Ken’s phone # a Ken will be reaching out to you soon to set up times for phone calls or meetings. Thanks much. Tom Saxton Chief Deputy Treasurer xxxEND_PAGE:treasury01_b26_3730_4111_030 Byrne, Randall (T reasury)

Fred, Can you send John Clark a copy of my EM contract with Flint? John is helping verify the coverage we spoke about this morning. Thanks, and have a great weekend. DE Darnell Earley, ICMA-CM, MPA Emergency Manager Detroit Public Schools

Not sure | have signed copy Sent from John Clark's iPhone

> > Send him my EM contract with Flint. > > Sent from my iPhone >

>> >> See below. >> >> Sent from John Clark's iPhone > <i >> >> Begin forwarded message: >>

Okay...here we go!! Sent from my iPhone Begin forwarded message:

FYI. Filed 11-13, Federal Court/Detroit. Good draw for judge. You can assume that you will be served with the complaint in the near future. Begin forwarded message: