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Bader Chrystal M From: Sent: To: Cc: Subject:

Sugahara Tessa Friday, July 09, 2010 3:04 PM Dugan Michael Patty Hendrix; Krohn Stephen; 'Arnold Donald'; Leith David Follow up re requesting legal advice

Hi Mike, thanks for taking part in the conference call with Steve Krohn and myself this afternoon. As mentioned, I'm confirming our discussion by email. To begin, as Steve explained, he had one brief conversation with the DA-elect and told him that he was best not to be involved in anything until he takes office. When Mark called Steve earlier this week, he accurately described hearing the same explanation from the DA-elect. Since you have already seen the email that Steve sent to Mark yesterday, I won't attach it. I think it was self-explanatory that DOJ would not be involved in any matter with the DA's office unless you requested it. As you explained during our call, you are not requesting DOJ involvement in any meeting being set up by county counsel with the DA-elect next week. You will be advising Mark regarding this matter. If things change or you believe you do need some representation, please feel free to give us a call. Thanks. Tessa Sugahara Attorney in Charge Labor and Employment Section P: 503-947-4600 F: 503-378-3571 -----Original Message----From: Dugan Michael Sent: Friday, July 09, 2010 11:42 AM To: Sugahara Tessa; Sugahara Tessa Cc: Patty Hendrix Subject:

I will try and give you a call this afternoon. I am leaving my office about 3:00 p.m. this afternoon. I have been having some conversations with my County Counsel. He tells me that the DA-Elect over here, Patrick Flaherty, has had some conversations with Stephen Krohn regarding his legal authority to do anything in the office. I do not know what advice Krohn gave to Flaherty. My lawyers are moving toward either joining an existing bargaining unit or creating their own for the purpose of getting some job security and due process for termination when the new DA is sworn in. Flaherty, reliable sources tell me, is making statements about firing a number of the deputy district attorneys. Then I get an email indicating that my County Counsel has asked Krohn to be present (by phone I suspect) for a meeting that my county counsel is trying to set up for next week where Krohn says that he can only attend if he is requested to by "his client" and that Mike Dugan is "his client." 1


If I am "his Client" now, did he create a conflict when he gave advice to Flaherty? What advice did he give to Flaherty? If I need a lawyer? Respects, Michael T. Dugan District Attorney Deschutes County Tracking: Tracking

Recipient

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Dugan Michael Patty Hendrix Krohn Stephen

Delivered: 7/9/2010 3:04 PM

'Arnold Donald' Leith David

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