Scan
Scan
Scan
Josh M. Reid
Lewis Roca Rothgerber Christie LIP
3993 Howard Hughes Parkway, #600
Las Vegas, NV 89169
jçshmereidwmai I .com
JReidtà1ffc.com
This firm represents the City of Henderson (the “City”) with respect to instances of
apparent misconduct by you both before and after the termination of your employment as City
—
Attorney effective on or about June 4, 2018. The purpose of this letter is to: (i) present
examples of the activities constituting your misconduct; (ii) demand that the activities cease and
that you will not breach your contractual and ethical obligations in the future; and (iii) advise you
of the City’s intent should its demands be refused.
Josh M. Reid
July 24, 2019
Page 2
The Employment Agreement also provides that following its teimination, you will also
“comply with the Nevada Rules of Professional Conduct with regard to confidential and
attorney-client privileged information.” Section 3 .C. While this correctly states your post-
employment obligations as to confidential information and privileged communications (c.f.
NRPC 1.9(c)), your obligations are much more extensive, particularly since the firm you joined
upon leaving the City represents the City in other matters; in fact, your post-employment
obligations are essentially identical to those existing during your employment.
Based upon our investigation, there is substantial evidence that you breached every one
of the above-enumerated contractual and ethical duties both during and after your employment
—
with the City. The following are some, but by no means all, of the acts which breached your
duties.
A. While Employed
In early 2018, it was becoming apparent that the Employment Agreement might not be
extended. This appears to have caused you to engage in a series of aberrant acts, including the
following:
• On February 28, 2018, you made a public records request under a false name
— htarwfosepargeht (“The Grapes of Wrath” spelled backward) through a
—
• On March 5, 2018— while you were still employed by the City you —
• On March 7, 2018, you again sent under the previously used false name
—
records request to yourself seeking all text messages from publicly issued
phones and personal phones (if used for work) from various City officials.
BAILEY .:.
KENNEDY
ATTORNEYS AT LAW
Josh M. Reid
July 24, 2019
Page 3
• On March 9, 2018, under the same false name (htarwfosepargeht) and from
the same presumably untraceable site, you apparently made an additional
public records request. The subject of this request was records relating to the
relationship between MayOr Debra March and Elizabeth Trosper. These
records were substantially identical to those which were the subject of
ongoing litigation between the City and the Las Vegas Review-Journal a —
case in which you were involved and whose principal issue was the burden
and expense of the production of these records. You already had copies of
these records in your possession, and the purpose of your deceitful request
under a misrepresented identity was, at a minimum, to cause expense and
inconvenience to the City.
B. following Termination
The following are some, but not all, of the emails you appear to have sent after your last
day of work on June 4,2018. Many of these have been confirmed by the City to have originated
on the Lewis Roca Rothgerber Christie (“LRRC”) system. They are grouped by email address.
1. BDf2O 1 6vt@protonmaiLcom
2. Concernedhendersonian@protonmail.com
• This is the primary email address used for more than 100 public records
requests.
BAILEY+
KENNEDY
ATTOILNEYS AT LAW
Josh M. Reid
July 24, 2019
Page 4
You made multiple different requests for emails on specific days containing a
variety of specific terms, including the following words: Mormon, jew,
asshole, fag, faggot, motherfucker, homo, lesbian, flick, flicking, and cunt.
• You also made public records requests for all investigations into senior
management. The investigations were prompted by complaints previously
made by you using the name Mr. Okirnuf (“fumiko,” backwards). Mike Oh is
a Senior Assistant City Attorney at the City.
3. Hendersonconfidential@protonmail.com
• This email address was the source of an 8-page pamphlet describing the City
as “racist, corrupt and sad.” Its goal was to create sympathy for Ms. Watson
and highlight the City’s alleged discriminatory treatment of her.
• This pamphlet included a copy of a still shot from the HPD lip synch, which
was used by you from other email addresses like TWG1 964.
• The substance of this email is a clear breach of the duty of loyalty you owed
to your former client the City. This type of ethical violation can result in
—
4. TWG164@protomnai1.com
• You sent numerous emails from this address, and we have confirmed their
source as the LRRC system.
• The tone of these ernails is highly offensive; however, one of them is more
offensive than the rest: The May 23, 2019, screed entitled “Dirty Debra
March Runs Away from the Truth.” You sent the Dirty Debra email
(regarding Mayor March). You personally attacked Mayor March by
attributing nicknames such as, Dirty Debra “I Can’t Keep a Man” March,
Dirty Debra “Panama Red” and Dirty Debra “Bathroom Terrorist.” You
attempted to humiliate her by stating that she wears “clown make-up” and
called her hair color “Radiation Decay.” This email assails Mayor March’s
personal hygiene, truthfulness, sexuality, appearance and other characteristics.
Debra March is the Mayor of the City, a current client of your firm, and a
person with whom you had worked for years. This is a serious ethical breach
carrying severe consequences. See, In re Ccnpenter, 95 P.3d 203 (Or. 2004),
(public reprimand for lawyer posting message falsely suggesting that high
BAILIY+
KENNEDY
ATTOFLNEYS AT LAW
Josh M. Reid
July 24, 2019
Page 5
school teacher had engaged in sex with students); hi re Usher, 987 N.E. 2d
1080 (md. 2013) (three-year suspension for lawyer posting false ‘revenge”
emails to “humiliate” woman who rejected him.)
5. VGKbenprotonmail.com
• From this email address, you requested all emails containing a variety of
words, including: ass, asshole, asshat, bitch, bastard, boob, boobs, cock,
cocksucker, cunt, dick, douche, douchebag, dyke or dike, fag, faggot, ffick,
fiicker, fticking, ho or hoe, homo, jackass, jew, kike or kyke, motherflicker,
nigger, nutsack, piss, prick, pussy, shit, shifty, shithead, shitbag, slut, tits,
tithes, twat, and whore for the period of June 1 July 17, 2018. There was no
—
• And we are certain that you sent this email because you first mailed Kathleen
Richards a self-addressed, postage prepaid envelope with the $1 CD fee in
which you requested that records be sent to 4431 E. Juanita Avenue, Gilbert,
AZ 85234. You subsequently changed the mailing address to Ben Titicaca at
1003 Pickeft P1. SW Vienna, VA 22180. Real Property Records indicate that
the Virginia property belongs to Tyler Rushforth who is listed as a Facebook
friend of yours, counsel at the United States Senate, and a member of your
wedding party (which we confirmed through a photo and Facebook friend
confirmation).
• Again, your obscene reference to the City Manager’s “lady tickler” was
insulting to him, offensive to female (and male) employees, and disruptive to
City business.
7. Anonymous Complaints
• Not only did you inundate the City with anonymous harassing public records
requests solely for the purpose to embarrass your former client (and a current
client of the your firm), the City has reason to believe that you maliciously
submitted roughly 15 different anonymous baseless complaints (including eight
of which were submitted by Mr. Oldmuf) about City management knowing that
they were false. These complaints included allegations that the City Manager,
BAILEY+
KENNEDY
ATTORNEYS AT LAW
Josh M. Reid
July 24, 2019
Page 6
The emails and other acts set forth above are only examples of your misconduct and
breaches of duty. There are hundreds more.
The City has retained counsel to pursue its claims against you both under your
—
employment agreement and otherwise. The City is willing to consider resolving these claims
upon the following terms:
• You agree that you will not directly or through a third party make further
— —
• You will retain the right to communicate with the City, but agree that any
such requests, complaints or communications made by you will: (1) not violate
your contractual and ethical obligations as the City’s former counsel; (ii)
comply with the ethical duties you owe the City as a result of your flim’ s
current representation of the City; and (iii) be made in your own name and for
a proper purpose; that is, not for the primary purpose of harassment or unduly
inconveniencing the City.
• You will comply with all ethical and professional obligations owed to the
City, both as a current and former client.
To date, your actions set forth above have cost the City and its taxpayers more than
$150,000. At this point, and in an effort to resolve this matter amicably, the City is willing to
refrain from pursuing the damages you caused through your misconduct; however, should you
fail to cease your misconduct or engage in future misconduct, the City intends to exercise the full
BAIIIY .:.
KENNEDY
ATTORNEYS AT LAW
Josh M. Reid
July 24, 2019
Page 7
breadth of its legal rights. This is a very serious matter and we advise you to constilt counsel.
Should you or your counsel have any questions concerning this letter please do not hesitate to
call me.
Dennis L. Kennedy
DLK\sr