Norton memo on Trust Fund Special Master-Monitor

WEDNESDAY, NOVEMBER 20, 2002

The following is a November 18, 2002, memo signed by Secretary of Interior Gale Norton to all department employees regarding communication with Joseph S. Kieffer III, the special master-monitor in the Cobell lawsuit.

(Note to Supervisors: Please ensure that employees without access to electronic mail receive a paper copy of this message.)

November 18, 2002
Memorandum

To: All Employees of the Department of the Interior
From: Secretary /signed/
Subject: Communications with the Special Master-Monitor in Cobell v. Norton

This memorandum clarifies the rights and responsibilities of Department employees with respect to any interaction they may have with Mr. Joseph Kieffer, III, who was appointed by Court order on September 17, 2002, to act as a judicial officer, with the title Special Master-Monitor, in the Cobell case. Previously, Mr. Kieffer had served as the Court Monitor. In his new assignment as the Special Master-Monitor, Mr. Kieffer will oversee certain requests by the parties to the lawsuit for production of documents and the taking of depositions, and he will also continue to monitor and report on the progress of trust reform to the Court.

This memorandum is based on a review of the Court's order by the Justice Department and the Solicitor's Office. It supersedes the memorandum from me dated April 24, 2001, that was issued to all employees when Mr. Kieffer was first appointed to act as the Court Monitor.

Ex parte Contacts.
In his new position, Mr. Kieffer is to function in more of a traditional judicial role. Justice sent a letter dated October 23, 2002, asking the Special Master-Monitor not to contact Departmental employees on an ex parte basis. This means that he should not speak with Departmental employees unless he has first notified both parties to the lawsuit that he intends to do so and he has given the parties' lawyers the opportunity to be present when he speaks to the employee.

Rights and Responsibilities of Departmental Employees:
! If, in spite of the Justice Department's request, the Special Master-Monitor contacts you, you may speak with him without first notifying the parties if you so choose. You also may initiate contact.

! If you choose to talk to the Special Master-Monitor, you may ask the Solicitor's Office or the Department of Justice to assign a government attorney to join you for the conversation.

! You may not turn over to the Special Master-Monitor any Departmental documents. Departmental documents are the property of the Government. If the Special Master-Monitor requests documents, please refer the request to the Solicitor's Office for consideration.

We will advise you if a change in this memo becomes necessary as a result of departmental decisions or further Court clarification of the Special Master-Monitor's role. If you have any questions about how these instructions apply to you, or if you would like the assistance of the Solicitor's Office, please contact Sabrina McCarthy at (202) 219-2139.

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