OFFICE OF THE MAYOR Via email and hand delivery Cory Penn, District 1 William Carroll, District 2 President, C J Small, District 3 Ben Reynolds, District 4 Joel Daves, District 5 Tosh Woods, District 6 Vice President, Gina Gregory, District 7 Dear Councilors, Tam writing to express my grave concern about you giving authority to the investigative attorney to subpoena City employees during your independent investigation into Paul Prine’s allegations. As I’ve stated on multiple occasions, if there is any wrongdoing or illegal behavior within city government, I want to know it. This is evidenced by ordering two independent investigations into the 321z Insights contract and by sending those findings to the Attorney General asking for his investigation into the matter. Issuing a subpoena, which usually follows some legal proceeding like a grand jury investigation, implies that someone has done something illegal, and they are unwilling to cooperate, Not only am I going to fully cooperate with your investigation, but I am requiring all city employees to comply as a condition of their employment. Furthermore, itis my understanding that Paul Prine testified under oath during his interview with the investigator without having been under subpoena. T'd ask that you extend the same courtesy to our employees. In nearly 40 years, since subpoena authority was given to the Mayor and City Council under the Zoghby Act, it has never been used against employees, the Mayor or the City Council. One reason for this could be that these subpoenas are being issued outside the rules of our judicial system which has checks and balances to protect individuals who are subpoenaed. Thus, there are no rules governing this process and there is no way to predict how it may be used in the future. City of Mobile | P.0. Box 1827 Mobile, Alabama 36633 | www.cityofmobile.orgPage 2 ‘Additionally, the subpoenas you are authorizing are being done without any specifie allegation of misconduct or criminal conduct. That is why this investigation is precedent setting. Our employees do not deserve to be approached in a way that implies they have committed a crime or engaged in wrongdoing when they are being fully cooperative. Ifallowed to go forward and create this precedent, you are giving future Mayors and/or City Councilors a process which could be weaponized for political gain, possibly against each other. Think how disruptive this could be and what a deterrent it would be for those who may have an interest to serve the City. As City Councilors, with a responsibility for the protection and well-being of the City, there should be concern that employee testimony under subpoena could provide plaintiffs information for pending or future litigation. The City loses a level of protection when information is subpoenaed versus the same information being subject to internal investigation and work product doctrine, In closing, you will have the full cooperation of my administration as you conduct your investigation. I hope you will take this request not to subpoena employees under advisement. They are unnecessary and will cause uncalled for disruption. I look forward to finally putting to rest any claim of impropriety so that we can move on with the business of the City of Mobile. Sincerely, Wop William S. Stimpson Mayor Ce: Michael Linder, Legal Counsel Ricardo Woods, City Attorney