MARY STILLINGER

ATTORNEY

4911 AlamedaAve.

. El Paso, Texas 79905

Tel. (915) 7710705

'

Fx

(915) 775-1337

Licensed in Texas

And New Mexico

Board Certified in Crirninai Law by the

Texas Board of Legal Specielization

February 25,2016

Ross Fischer

The Gober Group

P.O. Box 341016
Austin, Texas 78734

Re: Joyce Wilson

Dear Mr. Fischer:

I saw the front page article in the El Paso Times today about Ms. Wilson, which
twice stated that Ms. Wilson "refused" to cooperate with your investigation. I couldn't
imagine where they got that information until I had the opportunity to read your Ethics
lnvestigation report, dated yesterday.

I was shocked to see the misrepresentation that I "was advising Ms. Wilson not to
cooperate with this investigation any further." (Your report at p.15). This is a false
statiment, it is indisputably false, as it conflicts with my written communications to yotl,
and I believe that the false statement was made in bad faith, for the purpose of putting
Ms. Wilson in a negative light with the public.
I am demanding that you immediately correct your false and malicious statement
regarding Ms. Wilson's position. I am demanding that this correction be made in writing
tolhe City of El Paso and also to the public, since your false statement has been made
public, through the El Paso Times.

I am enclosing our e-mail communications, which very clearly state that MsWilson and I did not have adequate time to review the facts of three years prior, in order
to be able to intelligently respond to your inquiry. I never said that I was advising her not
to cooperate with your investigation, nor did I state any*ring that could be interpreted to
mean it ir. t very clearly stated that our obstacle was a lack of time, given the few days to
respond to a complex issue that occurred three years earlier.

You never tried to contact me again after my February 8ft e-mail to you, so I
assumed that our inability to meet your deadline of February 8tn had ended the matter.
The publicity that Ms. Wilson received from today's front page story, which was
based entirely on your misrepresentation that she was refusing to cooperate with your

investigation, has damaged Ms. Wilson's fine reputation. I believe that you have gone
out of your way to put Ms. Wilson in a negative light. You should immediately take all
possible steps to remedy that damage.
Please let me know as soon as possible whether you will be taking steps to
remedy this. If you will not, I will have no choice but to take legal action to protect Ms.
Wilson's rights.

cc:

Joyce Wilson

Mayor Leeser
City Council
City Attorney

Subiect Joye Wilson

From:

To:
Ih:

MaryStillirger(stillingedaw@sbcglobal.net)
rf@gpbeEroup.aom;
Friday, February 5, 2016 9:13 PM

Ross,

Thank you for your time on the phone late this afternoon. As I told you, I called you because Joyce
Wilson consulted with me regarding a call she received from you day before yesterday.

You confirmed for me that you were conducting an investigation regarding several matters at the City of
El Paso, Specifically, you told me you had questions for Ms. Wilson regarding the delay in the sale of
bonds in the spring of 2013. You mentioned a theory under which personal liability could be alleged
based on a theoretical loss from a delay in the sale of the bonds.
Given the seriousness of the allegations, I am not prepared to advise Ms. Wilson as to whether or not she
should zubmit to an interview with you. I would need to research the legal theory you have suggested, as
well as all the facts regarding this transaction that occurred almost three yezus ago.

I know you are under a deadline. You told me you needed to finish your report by COp Monday.
Unfortunately, I do not have the availability for Ms. Wilson to do the necessary work before that time.
[I would liketo mention that she only recently heard from you and she promptly came to see me for
advice.l

In short, she is not deciding that she does not want to talk to you; we simply cannot do it before your
deadline.

If there is anything else you feel we should discuss, please contact me by e-mail, or at my office (9157't5-O7O5), I anr requesting that you not contact Ms. Wilson directly.
Again, thank you for taking my call so late in the day.

Mary Stillinger

rr:

m intcndcd
This communicdioa is inteadod for thc sole ure of the aboveamcd rccipient ed is I mfidcrltial utomcytlieat aomrnlmicdim. If you eE not
you ae hercby notitJttt my disclosurB, duplicdion, or distribution of this infurmuioo artre t*ing of my asion in reliaoe ou the contats of this
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codmuoi&ioa wiOoni the wriua ooreat of Oe Law OfEce of Mary Stillingrr is sricly pohibitorl

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Subject

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RE: Joyce \Mtson

From: RossFischer(rf@gobergroup.com)
To:
Date:

stillingerlaw@sbcglobal.net;
Sunday, February 7,2016 12:48 pM

Ms. Stillinger,

Th"{ Y!! for your email. Just to be clear, I do not need to meet with or to interview your client. What I am
specifically seeking is a sigued statement from Ms. Wilson identifring the city representatives/directors of the
Iocal govemment corporation to whom she was referring (in her August 26, 20i3 email to Sylvia Firth and
Paul Braden) when she wrote that:
"[sJeveral council members raised concerns about the timing of this activity in relation
general election, specifically because of the ongoing controversy over this proje'ct."

ta the upcoming

In that same email, Ms. Wilson says that she then relayed this "request" to the then-mayor and mayor pro tem,
which indicates to me that the request did not originate from either of those individuali. If Ms. *ilson could
confirm that conclusion, it would be very helpful.

think that
ability to include such a statement from Ms. Wilson would address the outstanding issues
-r.ny
relating to this event. Absent such an explanation, my report will simply explain the options availible for
seeking to compel answers to what seems a relatively straightforward question. As we discussed on the phone,
I would need this information by the close of business on February 8,2[l6,to include in my report to Council.
Thank you,
Ross Fischer

Cober Group, PLLC

512.354.1786
rf@goberEroup.com

www.goberqroup.com

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Page 1 of I

Subject:

Joyce Wilson

From:
To:
Date:

MaryStillinger(stillingedaw@sbcglobal.net)
rf@gobergroup.com;

Monday, February 8,2016 5:05 PM

Mr. Fischer,
saw your response to my e-mail, but I have been tied up with court nearly all day. I just realized that
your close of business is different than ours, here in El Paso.

While you characterrze your request as a "relatively straightforward question," I believe it is actually
much more involved task to try to specifically recall details of conversations that took place almost
three years ago. As you know, the issues surrounding the sale of the bonds have been thoroughly
investigated and aspects of it are recorded in various places, inluding Mr. Braden's and other reports,
as well as transcripts of Council meetings.

Since Ms. Wilson was just contacted by you on Wednesday of last week, and I couldn't see her until
Friday, I have not had the opportunity to thoroughly review the facts, or investigate the legal issues
involved. You have said that your inquiry is to seek to find the person or persons who may be
personnally responsible for an alleged loss to the City (which loss we would very strongly deny), I do
not know if there is a viable theory of personal liabiility or not. But given the severity of the
consesquences you have proposed, I would not want Ms. Wilson to try to answer your question from
memory only. Therefore, I cannot let Ms. Wilson respond to your inquiry at this time.

As I mentioned in my last e-mail, please direct any further contact with Ms. Wilson to me.

Mary Stillinger

**+ This communication is intended for the sole use ofthe above-named recipient and is a confidential attomey-client communication. Ifyou are not an intended
recipient, you are hereby notified that any disclosure, duplrcation, or distribution ofthis information or the taking ofany action in reliance on the contents ofthis
communication without the written consent of the Law Office of Mary Stillinger is strictly prohibited. ***

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