UNITED STATES OF AMERICA BEFORE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF INSPECTOR GENERAL Subpoena Duces Tecum TO: Custodian of Records City of Dallas Housing Department 1500 Marilla Street City Hall 6DN Dallas, TX 75201 Whereas Section 4(a) of the Inspector General Act of 1978 as amended (the Act), 5 U.S.C. App. 3, requires the Inspector General of the Department of Housing and Urban Development (the Department) to provide policy direction and to conduct, supervise, and coordinate audits, investigations, and other activities for the purpose of promoting economy and ef?ciency in the administration of the programs and operations of the Department and preventing and detecting fraud and abuse in such programs; and Whereas the Inspector General of the Department is authorized by Section of the Act to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information, as well as any tangible thing) and documentary evidence necessary in the performance of the functions assigned by this Act; and Whereas the inspector General of the Department has information which indicates that you may. have information relevant or material to an ongoing audit and Whereas the information is necessary for the Inspector General of the Department to perform his statutmy duties; Therefore, YOU ARE HEREBY COMMANDED to produce and make available, on or before January 8, 2018, by MAIL, addressed to: Senior Auditor Paula Graf Of?ce of Inspector General United States Department of Housing and Urban Development 819 Taylor Street Suite 13A09 Fort Worth, TX (Telephone: (817) 978-9309) the documents listed below. Instructions 1. This subpoena seeks originals of all documents. However, legible, true and complete copies of the originals will be accepted in place of originals, provided that you make the original records available for inspection by employees of the Of?ce of Inspector General, upon request, during normal business hours. 2. The terms "documents" and ?records" as used in this subpoena include all data, documentary evidence, and information, whether in paper fonn or stored on audiotape, videotape, computer, electronic, magnetic, or other media. 3. If you maintain that any document sought by this subpoena is protected from production by a legally recognized claim of privilege or otherwise, furnish a written statement identifying the document by date, author, addressee, each recipient, subject, and number of pages, and detailing the 1?eason(s) for withholding the document with suf?cient speci?city to enable a court of law to determine the validity of your claim. Document Demand YOU ARE HEREBY REQUIRED TO PRODUCE any and all emails from the former Director of Housing and Community Services, Bernadette Mitchell, for the time period January 1, 2015, through March 31, 2017, relating to the operations and ?nancial activities of City of Dallas, Texas, in connection with City of Dallas?s Home Investment Partnerships Program (HOME) and the reconstruction or attempted reconstruction of the below listed properties: 1. 3530 Hancock Street, Dallas, Texas 4505 Bonnie View Road, Dallas, Texas 2936 Ann Arbor, Dallas, Texas 2311 Custer Drive, Dallas, Texas 3811 Elsie Faye Heggins Street, Dallas, Texas 8309 Ryoak, Dallas, Texas 1207 Morrell Avenue, Dallas, Texas 5 l0 VVoodin Boulevard, Dallas, Texas 322 Woodin Boulevard, Dallas, Texas CD . 3 822 Metropolitan Avenue, Dallas, Texas . 3812 Atlanta Street, Dallas, Texas . 7923 Rilla Avenue, Dallas, Texas 13. 2507 Harlandale Avenue, Dallas, Texas tor-n The documents to be produced should include, but not be limited to: all Emails, letters and other correspondence and memoranda to and/or from Bernadette Mitchell, City of Dallas, Housing Department, regarding: rcprogramnled CDBG and funds; Dry Quick Restoration; Kenneth Williams; Torres Construction; Atilano Torres; Weldon Enterprises; Weldon Harris; Opportunity Developers and Kenneth Robelts. Issued December 11, 2017 under the authority of Section of the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3. 11:11; hite Regional Inspector General for Audit Of?ce of Inspector General US. Department of Housing and Urban Development all Walla 'INSPECTOR I - WARNING: Section of the Inspector General Act of 1978, as amended, provides that this subpoena shall be enforceable, in the case of contumacy or refusal to obey, by order of any appropriate United States district court. C-I71208_rkj4 OFFICE OF INSPECTOR GENERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOTICE PURSUANT TO PRIVACY ACT OF 1974 Subsection of the Privacy Act of 1974, U.S.C. 552a(e)(3), requires federal agencies that solicit personal information from individuals to provide such individuals with notice of: (A) the authority for solicitation of the information and whether disclosure is mandatOIy or voluntary; (B) the principal purposes for which the information is intended to be used; (C) the routine uses that may be made of the information; and (D) the effects, if any, of not providing the requested information. Authority for Solicitation of the Information The authority for requiring production of the information is set forth in the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3. Disclosure ofinformation is mandatory subject to the valid assertion of a legal right or privilege. Principal Purposes The Inspector General's principal purpose in soliciting the information is to promote economy, ef?ciency, and effectiveness in the administration of the programs and operations and to prevent and detect fraud and abuse in such programs and operations. Routine Uses Information you give may be disclosed by the Inspector General pursuant to routine uses such as the following: 1. In the event that records indicate a violation or potential violation of law, whether criminal, civil or regulatory in nature, the relevant records may be disclosed to the appropriate federal, state, or local agency charged with the responsibility for investigating or prosecuting such violation or enforcing or implementing such statute, rule or regulation. 2. Records may be disclosed to a congressional of?ce in response to an inquiry from that congressional of?ce made at the request of the individual who is the subject of the records. 3. Records may be disclosed to the Department of Housing and Urban Development (HUD) contractors, Public Housing Authorities or management agents of HUD-assisted housing projects, in order to assist such entities in taking or defending actions to recover money or property, or take personnel actions based on an Of?ce of Inspector General (OIG) investigation or audit, where such recovery or personnel action serves to promote the integrity of the programs or operations of HUD. 4. Records may be disclosed during the course of an administrative proceeding where HUD is a party to the litigation and the disclosure is relevant and reasonably necessary to adjudicate the matter. 5. Records may be disclosed to any source, either private or governmental, to the extent necessary to elicit information relevant to an OIG investigation. 6. Records may be disclosed to appropriate state boards of accountancy for possible administrative or disciplinary sanctions such as license revocation. These referrals will be made only after the independent auditor has been noti?ed that the OIG is contemplating disclosure of its ?ndings to an appropriate state board of accountancy, and the independent auditor has been provided with an opportunity to respond in writing to the OIG's ?ndings. 7. Records may be disclosed to the Department of Justice (DOJ) for litigation purposes associated with the representation of OIG and/or HUD before the courts. 8. Records may be disclosed to persons engaged in conducting and reviewing internal and external peer reviews of OIG to ensure adequate internal safeguards and management procedures exist within any of?ce that'had received law enforcement authorization. 9. In the event that these records respond to an audit, investigation or review, which is conducted pursuant to an authorizing law, rule or regulation, and in particular those conducted at the request of the Council of Inspectors General on Integrity and Ef?ciency (CIGIE) pursuant to Executive Order 12993, the records may be disclosed to the CIGIE and other federal agencies, as necessary. 10. Additional Disclosure for Purposes of Facilitating Responses and Remediation Efforts in the Event of a Data Breach. A record from a system of records maintained by this Department may be disclosed to appropriate agencies, entities, and persons when: a. The Department suspects or has con?rmed that the security or con?dentiality of information in a system of records has been compromised; b. The Department has determined that as a result of the suspected or con?rmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and, c. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department?s efforts to respond to the suspected or con?rmed compromise and prevent, minimize, or remedy such harm. 11. Records may be disclosed to private, state or Federal licensing authorities or boards regulating professional services, such as appraisers, attorneys, insurers, or mortgage brokers, when the records reveal conduct related to activities associated with a HUD program that is appropriate for possible administrative or disciplinary sanctions, such as license revocation. Effect of Noncompliance Failure to comply with a subpoena may result in the inspector General's requesting a court order for compliance. lfsuch an order is obtained and you thereafter fail to supply the information, you may be subject to civil and/or criminal sanctions for contempt of court.