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EXHIBIT D <br /> <br />MEMORANDUM <br /> <br />Date: May 23, 1995 <br /> <br />To: <br /> <br />Mayor and City Council <br /> <br />From: Terry Hendriksen <br /> <br />Subject: Request for Information <br /> <br />On April 15, 1994 Mr. Goodrich concluded then councilmember Hardin did not have a <br />disqualifying conflict of interest regarding the Amber Ridge subdivision. On April 26, 1995, I <br />requested the documentation Mr. Goodrich used to form this opinion under provisions of the <br />Data Practices Act. <br /> <br />In his May 3, 1995, response, Mr. Goodrich indicated he "relied upon conversation with then <br />councilmember Hardin" and he did not prepare or have access any documents. On May 5, 1995, <br />Mr. Goodrich stated the substance of his conversation with Mr. Hardin is protected by attorney <br />client privileged. <br /> <br />If then Councilmember Mr. Hardin's conversation is privileged, Mr. Goodrich was representing <br />Hardin when he provided the April 15, 1994 opinion. A Conclusion that no wrongdoing occurred <br />from the attorney representing a potential defendant must be viewed with skepticism. <br /> <br />Mr. Hardin requested the April 15, 1994, opinion. Mr. Hardin-also volunteered information <br />which, I assume, was given in a good faith effort to resolve suspicions. <br /> <br />To conclude this issue and resolve lingering questions of independence and thoroughness I <br />request Mr. Hardin publicly disclose all relevant information. <br /> <br />Relevant information must include: <br /> <br />1. All compensation package(s) with North East State Bank including incentives, bonuses, <br /> and any other profit sharing plans which may have be available and; <br /> <br />2. Full disclosure of Mr. Hardin's tax records beginning with 1990. <br /> <br />It is my hope that full public disclosure will restore complete confidence in Mr. Hardin's actions <br />and eliminate the suspicion that Ramsey intended to averted a meaningful investigation by <br />publishing a sympathetic opinion. <br /> <br /> <br />