City Council Email 2

From: John Spain [mailto:john.spain@johnspain.com] Sent: Friday, December 17, 2010 11:07 AM To: 'Gene Robinson'; 'Don Hoyt'; 'Councilman Ben Little'; 'Councilman David Dawson'; 'Councilman Herbert Palmore'; 'Councilman Palmore' Cc: 'Cleophus Thomas, Jr.' Subject: RE: Official City Letters

Gentlemen,

I support Councilman’s Little’s request for a letter to Mr. Reaves since I have never heard any such statement as the one that Mr. Reaves claimed. I do not think it wise for the City to become further involved in the Bates matter.

Thanks, John

John Spain, PhD, CMAS, CPP Vice Mayor & City Councilman Ward 1 256.770.2001

From: Gene Robinson [mailto:grobinson@annistonal.gov] Sent: Friday, December 17, 2010 10:17 AM To: 'Don Hoyt'; 'Councilman Ben Little'; 'Councilman David Dawson'; 'Councilman Herbert Palmore'; 'Councilman John Spain'; 'Councilman Palmore' Cc: 'Cleophus Thomas, Jr.' Subject: RE: Official City Letters Greeting gentlemen and others , Little you do not have the backing of the full Council . I think it MOST IRONIC that you are singling out a citizen for supposed comments of a “ disparaging nature “ or a “ personal attack , “ when you have done this time and time again for the last eleven years against some of the most stellar citizens of the community . I am officially stating that the Mayor of Anniston is shocked that you would try to censure a wise citizen of the community !

Gene Robinson Mayor -----Original Message----From: Don Hoyt [mailto:dhoyt@annistonal.gov] Sent: Friday, December 17, 2010 9:44 AM To: 'Councilman Ben Little'; 'Councilman David Dawson'; 'Councilman Herbert Palmore'; 'Councilman John Spain'; 'Councilman Palmore'; 'Mayor Robinson' Cc: 'Cleophus Thomas, Jr.' Subject: RE: Official City Letters Gentlemen, Councilman Little has requested a letter be drafted to Mr. J. D. Reaves informing him that his comment at the last Council meeting (namely that Mr. Little said “white people are not wanted in Ward 3”) was (besides being a lie) in violation of Section 11 of Resolution 08O-29, the “Order of Procedure” resolution adopted by the Council at its first meeting after

election. That Section says “No comments shall be made by any Councilman or member of the public of a disparaging nature or which would constitute a personal attack on the integrity of any Council member.” Councilman Little requests that the letter inform Mr. Reaves that he will not be able to address the Council in the future.

If ordered by the full council to draft such a letter (see Cleo’s advice to me below), I will, of course, do so. Thus a motion instructing me to send the letter will be on the Agenda for January 11th.

I also discussed with Cleo Councilman Little’s requesting a letter from me to the District Attorney challenging his handling of Reverend Bates’ complaint against Donald Stewart.

Would my involvement in a police investigation help or hurt Reverend Bates cause? My guess is that it would likely corrupt the process and get Mr. Bates’ case thrown out. It would also get me sued as an individual by Donald Stewart.

Again, as Cleo asserts below, an official letter from the City must have the backing of the full Council. Please advise.

Don Don A. Hoyt, City Manager City of Anniston PO Box 2168 Anniston, AL 36202 256-236-3422 (off) 256-231-7632 (fax) 256-454-1303 (cell)

From: Cleophus Thomas, Jr. [mailto:cleojunior@aol.com] Sent: Thursday, December 16, 2010 7:30 PM To: dhoyt@annistonal.gov; blittle@annistonal.gov; john.spain@johnspain.com Subject: DA Don, I wanted to confirm our conversation of earlier today concerning the police investigation and the District Attorney. I do not think it would be wise for you to write the District Attorney about an ongoing investigation unless you have a compelling reason to do so.

Moreover, related to our conversation earlier today about other matters, I think you have to be very circumspect about statements that you make which appear to be official positions of the city if they are matters which have political dimensions and which the council has not taken a position. Obviously, any matter of concern which you have which you feel the need to discuss with the DA should be discussed with him. But I do not think you should engage the DA on matters about which you have no professional concern, about which the council has no position, and which could be addressed by interested citizens or parties themselves.

Your highest and best use to any citizen is in helping them navigate the municipal administrative maze. Your expertise does not necessarily end there, but your ability to affect policy outside of that area drops off precipitously the farther one moves from municipal matters, and I would counsel that not do anything to suggest to already frustrated citizens that you have influence that you do not have, or that a letter from you is likely to have some material effect when you have no reason to believe that it would.

My central concern, however, is not that it would be futile for you to write the DA, but that you may be taking a position that City has not decided to take. I would be happy to discuss this matter with you further.

cleo Cleophus Thomas, Jr. Attorney at Law 1425 Woodstock Avenue P.O. Box 2363 Anniston, AL 36202 (256) 236-1950 (256) 236-1968 fax cleojunior@aol.com CONFIDENTIAL: ATTORNEY WORK PRODUCT & BUSINESS CONFIDENTIAL COMMUNICATION The information contained in this email is intended for the individual or entity above.

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