Correspondence among

FYI

Thoughts?? Sent from my iPhone Begin forwarded message:

Angela, please a call for us to discuss early next week. Thank you Fred

Wayne: I now have had an opportunity to review the complaint and attached exhibits. The complaint asserts that the City’s drinking water is contaminated and seeks a temporary restraining order, although of what is not quite clear. The lack of clarity may be due in part to the plaintiff, who describes himself as indigent, acting in pro per (i.e., representing himself). Also unclear is why Darnell was named as a defendant. There is in the complaint no mention of Act 436, nor any assertion that the plaintiff is aggrieved by any action, or inaction, on Darnell’s part. However, because it appears Darnell was named in his official capacity as then Emergency Manager, it is likely the plaintiff will amend his complaint to substitute the current Emergency Manager, Jerry Ambrose, as a defendant. Given the absence in the complaint of any reference to Act 436, or to any action, or inaction, under that Act, there does not appear to be, in a strictly statutory sense, any basis to request Attorney General representation for either Darnell or Jerry. | spoke with Pete and he concurred. However, he and I also decided to re-read the complaint to satisfy ourselves we have not missed anything upon this point. The four corners of the Act notwithstanding, there may be prudential grounds for requesting involvement by the Attorney General’s Office. However, because I think it advisable not to reduce those grounds to writing, I would prefer to discuss at your convenience. I will forward a copy of the complaint to Darnell. Fred

19 xxxEND_PAGE:treasury01_b28_4390_4585_091 Thank you.

Wayne: It depends upon the circumstance. Per the Act, the Attorney General’s Office is required to defend any cause of action involving any of the following: (a) The validity of this act. (b) The authority of a state official or officer acting under this act. (c) The authority of an emergency manager if the emergency manager is or was acting within the scope of authority for an emergency manager under this act. 1 will need to review the document that Pete forwarded to determine the nature of Darnell’s involvement. Fred

Would the EM usually be defended by the AG or a SAAG?

xxxEND_PAGE:treasury01_b20_2634_2931_148 Can we discuss this matter following our 9:00 tomorrow? We usually wind up around 10. Darnell Earley, ICMA-CM, MPA Emergency Manager Flint, MI a----+-n-- Forwarded message ---------~