Joyce Wilson Fischer Letter

7/24/2019 Joyce Wilson Fischer Letter

1/5

Licensed

in

Texas

And

New Mexico

MARY

STILLINGER

ATTORNEY

4911 AlamedaAve.

.

El

Paso,

Texas

79905

Tel.

(915)

7710705

'

Fx (915) 775-1337

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

Ms-

Wilson

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


2/5

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


3/5

Subiect

Joye

Wilson

From:

MaryStillirger([email protected])

To:

[email protected];

Ih:

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

(915-

7'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:

This communicdioa

is inteadod

for

thc sole ure of

the aboveamcd

rccipient

ed

is I

mfidcrltial

utomcytlieat

aomrnlmicdim.

If

you

eE not

m intcndcd

*ipi*t,

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

codmuoi&ioa

wiOoni

the

wriua

ooreat

of

Oe Law

OfEce

of

Mary

Stillingrr

is

sricly

pohibitorl

+t*

&.il:Unt


4/5

'Print

Page

I

of2

Subject

RE:

Joyce

\Mtson

From:

RossFischer([email protected])

To:

[email protected];

Date:

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

ta

the

upcoming

general

election,

specifically

because

of

the

ongoing

controversy

over

this

proje'ct."

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.

I

think

that

-r.ny

ability

to

include

such

a

statement

from Ms.

Wilson

would

address the

outstanding

issues

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

[email protected]

www.goberqroup.com


5/5

Print

Page

1

of

I

Subject:

Joyce

Wilson

From: MaryStillinger([email protected])

To:

[email protected];

Date:

Monday,

February

8,2016 5:05

PM

Mr.

Fischer,

I 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

a

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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