LINDSAY LAW FIRM ~..J....C ~ Stephen P au! Lindsay Email: [email protected] (828) 551.6446 (828) 628.9855 Telephone Fax 90 Eagle Crest Way Fairview, North Carolina 28730 Tuesday, July 17,2012 Ms. Beth A. Wood State Aud itor 2 S. Salisbury Street 20601 Mail Service Center Raleigh, NC 27699-0601 Mr. Timothy J. Hoegemeyer General Counsel North Carolina State Auditor 2 S. Salisbury Street 20601 Mail Service Center Raleigh, NC 27699-0601 RE: John Ledford, Director of N.C. A.L.E. VIA FAX to: 919-807-7647 NOTICE TO CEASE AND DESIST Dear Ms. Wood and Attorney Hoegemeyer:: Please be advised that Durham attorney Kerstin Walker Sutton and I have been retained by Director Ledford to represent him against you and your agency. This representation arises out of the recent "audit" performed by your office and the subsequent publication of said "audit" by you. In addition to merely publishing the "audit," you prepared and published a video concerning Director Ledford and the "audit" which you caused to be placed on your agency's website. It is our position that the "audit" and your website video make false allegations/conclusions that constitute libel and/or slander. Furthermore, as these allegations and conclusions go to Director Ledford in his chosen profession, they constitute libel/slander per se. Governmental immunity, if any, is a qualified privilege at best and actions that fall outside of the course and scope of an elected official's position become actionable. In addition to constituting libel and slander per se, it is our position that your "audit" became an internal employment issue when your recommendations focused on specific individuals. You also made specific recommendations regarding discipline of these individuals by the agency. This being the case, and as we are sure you must be aware, personnel matters are required by law to be kept confidential pursuant to N.C.G.S § 126-24. The publication by you of the audit and the website video violate this statutory prohibition, as well as the express prohibition against general dissemination found in N.C.G.S. § 147-64.6(c)(14). The purpose of this letter is to make a formal demand that you cease and desist from any further publication of the "audit" and that the video be immediately removed and published no further by you or your office. Given that you are now on formal notice of our contentions, if you fail to cease and desist, opting instead to go forward with continued publication, be on notice that such shall be an additional basis for seeking punitive damages in these matters. We note that there remains outstanding a formal request by our client that your agency provide him with certain public records. We refer you to your letter dated September 30, 2011, a copy of which is attached for your convenience. The requested materials shall be delivered to us, as Mr. Ledford's counsel, forthwith pursuant to N.C.G.S. § 132-6. Further delays by your agency in providing said information will result in a motion to compel production and a claim for attorneys' fees pursuant to N.C.G.S. § 132-9. In the event you have counsel representing you please have them contact us. Kerstin W. Sutton STATE OF NORTH CAROLINA ®ffit~ cf tIr~ ~hth Beth A. Wood, CPA State Auditor J\u.bitnr 2 S. Salisbury Street 20601 Mail Service Center Raleigh, NC 27699-0601 Telephone: (919) 807-7500 Fax: (919) 807-7647 Internet http://www.ncauditor.net September 30,2011 C. John Ledford, Director North Carolina Alcohol Law Enforcement 4704 Mail Service Center Raleigh, NC 27699-4704 Dear Mr. Ledford: This letter is in response to your letter dated September 28,2011 in which you made a public records request of the North Carolina Office of the State Auditor seeking various documents. The purpose of this letter is to confirm to you that we have received your request and are in the process of reviewing it and we will gather all unprivileged and nonconfidential material within your request and notify you when it is ready for your review and/or confirm where you want the documents sent. If you should have any questions, concerns, or further requests, please don't hesitate to contact me. Sincerely, ct~ General Counsel cc: Reuben Young, Secretary, NC Department of Crime Control and Public Safety Casandra White, General Counsel