The text of the letter from the from the U.S. Department of Justice.

November 14, 2002

The Honorable J. Rita McNeil

City Solicitor

City Hall

801 Plum St.

Room 214

Cincinnati, Ohio 45202

Re: Memorandum of Agreement

Dear Ms. McNeil:

I write to express the United States' concern regarding recent public statements and actions by the City of Cincinnati officials regarding the Independent Monitor selected by Judge Dlott to oversee the Memorandum of Agreement ("MOA") entered into between the City and the United States. I propose that a meeting be arranged, as soon as possible, between representatives of the United States and City leaders to discuss the issues raised in this letter.

Over the past several weeks, numerous City officials have publically criticized the Independent Monitor, advocated that the City refuse to pay for the services of the Independent Monitor, and suggested that the City might unilaterally decide to nullify the MOA. Regardless of the merits of the criticism of Dr. Kalmanoff, such public statements undermine successful implementation of the MOA, and have the potential to place the City in breech of the MOA.

The MOA agreed to by the City and the United States provides for the selection of an Independent Monitor, and the United States views the independence of the Monitor as crucial to the success and credibility of the MOA. Moreover, while the MOA requires the City to pay for the Independent Monitor, the Independent Monitor is responsible to all of the parties, not just the City. Finally, the MOA specifically delineates the circumstances under which the Independent Monitor can be dismissed.

The City may not unilaterally alter the role of the Independent Monitor, or any other provision of the MOA. For the City to publically suggest otherwise, or act in any way that interferes with the ability of the Independent Monitor to carry out the responsibilities of that position, or threatens the independence of that office, violates the legally binding commitments to the United States the City made when it signed the MOA.

We raise these issues now to ensure that they do not recur when a new Independent Monitor is selected. We believe that in the future concerns regarding the activities of the Independent Monitor must be raised in a constructive fashion, and resolved between the Independent Monitor, the United States, the City, and the other parties to the Collaborative Agreement. For the City to do otherwise will undermine the cooperative non-adversarial approach that we have so far enjoyed in implementing the MOA.

Please contact me at (202) 353-0742 so that we can arrange a meeting to further discuss these issues.

Sincerely,

Robert N. Driscoll

Deputy Assistant Attorney General

Civil Rights Division

cc: William R. Martin, Esq.

Dyer Ellis & Joseph

Watergate, Eleventh Floor

600 New Hampshire Ave., N.W.

Washington, DC 20037