8984 SPANIsH RIDGEAvENLE

LAS VEGAS, NEvAn\ 89148-1302

B’\I LE’( 1 DENNIS L. KENNEDY
.,,,.

TELEPHoNE 702.562.8820 1 DIRECT DIAL

FACSIMILE 702.562.8821 702.851.0047
ATTORNEYS AT LAW
www.BAILEYKENNEDY.coi DKENNEDY(aBAILEYKENNEDV.cOM

July 24, 2019

COMPROMJ SE OFFER AND SETTLEMENT PROPOSAL.

NOT ADTt’IISSIBLE PER FED. R. EVID. 108; NRS 48.105

Via Certified Mail and Email

Return Receipt Requested

TO BE OPENED BY ADDRESSEE ONLY

Josh M. Reid
Lewis Roca Rothgerber Christie LIP
3993 Howard Hughes Parkway, #600
Las Vegas, NV 89169
jçshmereidwmai I .com
JReidtà1ffc.com

Re: City of Henderson

Dear Mr. Reid:

This firm represents the City of Henderson (the “City”) with respect to instances of
apparent misconduct by you both before and after the termination of your employment as City
—

Attorney effective on or about June 4, 2018. The purpose of this letter is to: (i) present
examples of the activities constituting your misconduct; (ii) demand that the activities cease and
that you will not breach your contractual and ethical obligations in the future; and (iii) advise you
of the City’s intent should its demands be refused.

1. Your Contractual and Ethical Duties

Your Second Amended and Restated Employment Agreement effective September 6,

2016 (the “Employment Agreement”) provides in Section 3.A that you will comply with the
Nevada Rules of Professional Conduct (“NRPC”) during the term of your employment. In
addition to the Employment Agreement’s specific prohibition on the “use and disclosure of
confidential information,” (c.f NRPC 1.6(a) “A lawyer shall not reveal information relating to
the representation of a client”), your obligations included:

• Not using information relating to representation of a client to the disadvantage of

the client NRPC 1.8(b));

• Not engaging in conduct involving dishonesty, fraud, deceit or misrepresentation

(NRPC 8.4(c)); and
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July 24, 2019
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Not engaging in conduct manifesting by words or conduct, bias or prejudice,

based upon race, sex, religion, national origin, disability, age, sexual orientation,
or socioeconomic status (NRPC 8.4 crnt [3]).

The Employment Agreement also provides that following its teimination, you will also
“comply with the Nevada Rules of Professional Conduct with regard to confidential and
attorney-client privileged information.” Section 3 .C. While this correctly states your post-
employment obligations as to confidential information and privileged communications (c.f.
NRPC 1.9(c)), your obligations are much more extensive, particularly since the firm you joined
upon leaving the City represents the City in other matters; in fact, your post-employment
obligations are essentially identical to those existing during your employment.

2. The Breaches of Duty

Based upon our investigation, there is substantial evidence that you breached every one
of the above-enumerated contractual and ethical duties both during and after your employment
—

with the City. The following are some, but by no means all, of the acts which breached your
duties.

A. While Employed

In early 2018, it was becoming apparent that the Employment Agreement might not be
extended. This appears to have caused you to engage in a series of aberrant acts, including the
following:

• On February 28, 2018, you made a public records request under a false name
— htarwfosepargeht (“The Grapes of Wrath” spelled backward) through a
—

presumably untraceable website (protonmail.com), for no legitimate purpose,

and solely to harass the City and create expenses.

• On March 5, 2018— while you were still employed by the City you —

submitted an ethics complaint against City Councilman Jolrn Marz. Again,

this was done under a false name (ebotroevahot) through the same presumably
untraceable website (protonrnail.com). To compound matters, you then
directed that the complaint (which you drafted) be sent to outside counsel for
review.

• On March 7, 2018, you again sent under the previously used false name
—

(htarwfosepargeht) from the same presumably untraceable site a public

—

records request to yourself seeking all text messages from publicly issued
phones and personal phones (if used for work) from various City officials.
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• On March 9, 2018, under the same false name (htarwfosepargeht) and from
the same presumably untraceable site, you apparently made an additional
public records request. The subject of this request was records relating to the
relationship between MayOr Debra March and Elizabeth Trosper. These
records were substantially identical to those which were the subject of
ongoing litigation between the City and the Las Vegas Review-Journal a —

case in which you were involved and whose principal issue was the burden
and expense of the production of these records. You already had copies of
these records in your possession, and the purpose of your deceitful request
under a misrepresented identity was, at a minimum, to cause expense and
inconvenience to the City.

B. following Termination

The following are some, but not all, of the emails you appear to have sent after your last
day of work on June 4,2018. Many of these have been confirmed by the City to have originated
on the Lewis Roca Rothgerber Christie (“LRRC”) system. They are grouped by email address.

1. BDf2O 1 6vt@protonmaiLcom

• In December of 201$, you sent an email to the RTC Commissioners

concerning General Counsel Gregory Gilbert complaining about his
compensation, using the anonymous email address ofBDf2Ol6vt. It is well
known that you commonly complained about being underpaid while you were
the Henderson City Attorney. The motivation behind this complaint appears
to be based on nothing more than jealousy.

• You submitted 44 different public records requests using this anonymous

email address (BDf2Ol6vt), for various financial related documents. You
would then use the information provided through these requests to submit
complaints from a different anonymous email address (TWG1964). We have
confirmed that TWG 1964 emails were sent from the LRRC system.

2. Concernedhendersonian@protonmail.com

• We have confirmed the source of these to be the LRRC system.

• This is the primary email address used for more than 100 public records
requests.
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You made multiple different requests for emails on specific days containing a
variety of specific terms, including the following words: Mormon, jew,
asshole, fag, faggot, motherfucker, homo, lesbian, flick, flicking, and cunt.

• You also made public records requests for all investigations into senior
management. The investigations were prompted by complaints previously
made by you using the name Mr. Okirnuf (“fumiko,” backwards). Mike Oh is
a Senior Assistant City Attorney at the City.

3. Hendersonconfidential@protonmail.com

• This email address was the source of an 8-page pamphlet describing the City
as “racist, corrupt and sad.” Its goal was to create sympathy for Ms. Watson
and highlight the City’s alleged discriminatory treatment of her.

• This pamphlet included a copy of a still shot from the HPD lip synch, which
was used by you from other email addresses like TWG1 964.

• The substance of this email is a clear breach of the duty of loyalty you owed
to your former client the City. This type of ethical violation can result in
—

disbarment. See, Standards for Imposing Lawyer Sanctions, § 4.21 (ABA,

2015).

4. TWG164@protomnai1.com

• You sent numerous emails from this address, and we have confirmed their
source as the LRRC system.

• The tone of these ernails is highly offensive; however, one of them is more
offensive than the rest: The May 23, 2019, screed entitled “Dirty Debra
March Runs Away from the Truth.” You sent the Dirty Debra email
(regarding Mayor March). You personally attacked Mayor March by
attributing nicknames such as, Dirty Debra “I Can’t Keep a Man” March,
Dirty Debra “Panama Red” and Dirty Debra “Bathroom Terrorist.” You
attempted to humiliate her by stating that she wears “clown make-up” and
called her hair color “Radiation Decay.” This email assails Mayor March’s
personal hygiene, truthfulness, sexuality, appearance and other characteristics.
Debra March is the Mayor of the City, a current client of your firm, and a
person with whom you had worked for years. This is a serious ethical breach
carrying severe consequences. See, In re Ccnpenter, 95 P.3d 203 (Or. 2004),
(public reprimand for lawyer posting message falsely suggesting that high
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school teacher had engaged in sex with students); hi re Usher, 987 N.E. 2d
1080 (md. 2013) (three-year suspension for lawyer posting false ‘revenge”
emails to “humiliate” woman who rejected him.)

5. VGKbenprotonmail.com

• From this email address, you requested all emails containing a variety of
words, including: ass, asshole, asshat, bitch, bastard, boob, boobs, cock,
cocksucker, cunt, dick, douche, douchebag, dyke or dike, fag, faggot, ffick,
fiicker, fticking, ho or hoe, homo, jackass, jew, kike or kyke, motherflicker,
nigger, nutsack, piss, prick, pussy, shit, shifty, shithead, shitbag, slut, tits,
tithes, twat, and whore for the period of June 1 July 17, 2018. There was no
—

legitimate purpose for any of these requests.

• And we are certain that you sent this email because you first mailed Kathleen
Richards a self-addressed, postage prepaid envelope with the $1 CD fee in
which you requested that records be sent to 4431 E. Juanita Avenue, Gilbert,
AZ 85234. You subsequently changed the mailing address to Ben Titicaca at
1003 Pickeft P1. SW Vienna, VA 22180. Real Property Records indicate that
the Virginia property belongs to Tyler Rushforth who is listed as a Facebook
friend of yours, counsel at the United States Senate, and a member of your
wedding party (which we confirmed through a photo and Facebook friend
confirmation).

• Finally, this request is nearly identical to 18 of the “Concernedhendersonian”

requests listed in Item 2 above, indicating that you wrote them all.

6. Bring Back The Stache Campaign

• Again, your obscene reference to the City Manager’s “lady tickler” was
insulting to him, offensive to female (and male) employees, and disruptive to
City business.

7. Anonymous Complaints

• Not only did you inundate the City with anonymous harassing public records
requests solely for the purpose to embarrass your former client (and a current
client of the your firm), the City has reason to believe that you maliciously
submitted roughly 15 different anonymous baseless complaints (including eight
of which were submitted by Mr. Oldmuf) about City management knowing that
they were false. These complaints included allegations that the City Manager,
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Assistant City Manager, and City Attorney engaged in disparate treatment or

created a hostile work environment for Ms. Watson and female senior
management. Shortly afier submitting the complaints, you would request
copies of the investigation reports on those same complaints using the email
address concernedhendersonion. As the prior City Attorney, you knew that the
City’s policies and procedures required it to take all complaints seriously, which
could mean outsourcing the complaints to a third-party investigator at a cost to
the City. Prior to receiving copies of the investigations, one of your anonymous
identities accused the City of improperly handling your anonymous complaints
and suggested that the City treated complaints against male and/or white
individuals of senior management differently than complaints brought forth
against Ms. Watson. As a result of your malicious and false complaints, the
City spent in excess of $40,000.00 investigating the allegations.

The emails and other acts set forth above are only examples of your misconduct and
breaches of duty. There are hundreds more.

The City has retained counsel to pursue its claims against you both under your
—

employment agreement and otherwise. The City is willing to consider resolving these claims
upon the following terms:

• You agree that you will not directly or through a third party make further
— —

public records requests, submit complaints, or otherwise conmiunicate with

the City of Henderson using aliases or disguised identities.

• You will retain the right to communicate with the City, but agree that any
such requests, complaints or communications made by you will: (1) not violate
your contractual and ethical obligations as the City’s former counsel; (ii)
comply with the ethical duties you owe the City as a result of your flim’ s
current representation of the City; and (iii) be made in your own name and for
a proper purpose; that is, not for the primary purpose of harassment or unduly
inconveniencing the City.

• You will comply with all ethical and professional obligations owed to the
City, both as a current and former client.

To date, your actions set forth above have cost the City and its taxpayers more than
$150,000. At this point, and in an effort to resolve this matter amicably, the City is willing to
refrain from pursuing the damages you caused through your misconduct; however, should you
fail to cease your misconduct or engage in future misconduct, the City intends to exercise the full
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July 24, 2019
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breadth of its legal rights. This is a very serious matter and we advise you to constilt counsel.
Should you or your counsel have any questions concerning this letter please do not hesitate to
call me.

Dennis L. Kennedy

DLK\sr