APPENDIX 2
1438666.1
Andrew D. Herman Counsel
[email protected] 202-626-5869
July 18, 2014
The Honorable K. Michael Conaway, Chairman
The Honorable Linda T. Sánchez, Ranking Member
U.S. House of Representatives
Committee on Ethics
1015 Longworth House Office Building
Washington, DC 20515-6328
Dear Chairman Conaway and Ranking Member Sánchez:
Pursuant to the June 12, 2014, letter from the Committee on Ethics requesting
documents from my client, Representative Luis Gutiérrez, I am providing additional
documents responsive to that request. The documents are designated LVG_COE-00308
through LVG_COE-06622.
The Committee has also requested that Representative Gutiérrez provide responses to
questions posed in its letter. These responses are provided below. I have also attached to
this letter a signed copy of the declaration provided by the Committee.
Representative Gutiérrez submits the following responses to the Committee’s
questions posed in its June 12, 2014, letter:
4. The documents provided to the Committee on Ethics do not reflect formal training
activities from January 3, 2007 to the present. Of course, the absence of documents does not
reflect the informal guidance or training, either in-person or via telephone, that may have
been provided during that period by Mr. Scofield to Representative Gutierrez’s staff.
The Committee should also note that the agreement between the Office of
Congressman Gutierrez and Scofield Communications – provided to the Committee on
House Administration prior to signing of the agreement and submitted to the House Finance
Office at the start of each new Congress – authorized Scofield Communications to perform a
wide range of tasks; the documents provided to the Committee that accompany this letter
reflect Mr. Scofield’s performance of these tasks.
July 18, 2014
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5. Mr. Scofield's role in Representative Gutiérrez’s office was distinct from that of
official staff in a number of significant ways. To the best of Representative Gutiérrez’s
knowledge, Mr. Scofield had no office space or office hours in either the Washington, D.C.,
or district offices; he did not use House equipment or resources to complete tasks associated
with his contract; he did not utilize an official House email address; he had no specific job
responsibilities, nor did he hire, fire, direct or supervise any member of the official staff. Mr.
Scofield generally received assignments for specific tasks, as provided by the contract,
primarily from Representative Gutiérrez, his chief of staff or his communications director.
The documents provided to the Committee reflect the range of tasks performed by Mr.
Scofield under the agreement.
6. Susan Collins, Representative Gutiérrez’s chief of staff, directed the office’s systems
administrator to conduct a comprehensive search of emails and attachments related to Mr.
Scofield. The documents searched were from the electronic files of former and current staff
who had, or could have had, substantive contact with Mr. Scofield. The search terms used
included “Scofield,” “Botanical Garden,” “Food Bank” and “Food Depository.”
Documents designated LVG_COE-00308 through LVG_COE-06130 emanate from this
search.
Ms. Collins also directed the office’s system administrator to conduct a
comprehensive search of all computer files (such as Word documents, PDF’s, etc.) of former
and current staff who had, or could have had, substantive contact with Mr. Scofield.
Documents produced pursuant to this search were those that had “Scofield,” “Botanical
Garden,” “Food Bank” and “Food Depository” in the name or body of the document, or were
drafted, reviewed, edited or received by Mr. Scofield. Documents designated LVG_COE-
06131 through LVG_COE-06614 emanate from this search.
Ms. Collins also directed the collection of all existing paper files in Representative
Gutiérrez’s office related to Mr. Scofield. Documents produced pursuant to this search were
those related to Doug Scofield or included references to the “Botanical Garden,” “Food
Bank” and “Food Depository.” The documents emanating from this search are included
among the documents previously produced to the Committee that were designated
LVG_COE-000001 through LVG_COE-00307.
Ms. Collins also directed the collection of emails from Representative Gutierrez’s
“Yahoo” email account that related to Mr. Scofield. These documents are included among
the documents designated LVG_COE-000001 through LVG_COE-00307 – previously
produced to the Committee – and documents LVG_COE-06615 through LVG_COE-06622,
included with this production.
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After compiling potentially responsive documents, Ms. Collins reviewed them with
Representative Gutiérrez’s counsel to identify the documents responsive to the Committee’s
June 12, 2014, request.
Representative Gutiérrez has produced all documents responsive to the Committee's
request that were identified as a result of these searches. Representative Gutiérrez has
withheld no documents responsive to the Committee’s request on the basis of any privilege.
Pursuant to his obligation to provide responsive documents to the Committee, Representative
Gutiérrez and his staff will continue to provide any additional responsive documents that
they may find.
Please contact me if you have any questions.
Regards,
Andrew D. Herman
Enclosures