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[1] TARC asserts it has fully cooperated with investigator David Beyer, providing interviews lasting hours with all 7 board members and director-level employees, as well as documents and devices for forensic analysis. [2] However, Beyer testified he was not given names of witnesses and victims from TARC's external investigation to protect their anonymity. [3] TARC has now reached an agreement to provide those names while protecting anonymity and asks to address any further issues with the council before legislative action is taken against TARC.
[1] TARC asserts it has fully cooperated with investigator David Beyer, providing interviews lasting hours with all 7 board members and director-level employees, as well as documents and devices for forensic analysis. [2] However, Beyer testified he was not given names of witnesses and victims from TARC's external investigation to protect their anonymity. [3] TARC has now reached an agreement to provide those names while protecting anonymity and asks to address any further issues with the council before legislative action is taken against TARC.
[1] TARC asserts it has fully cooperated with investigator David Beyer, providing interviews lasting hours with all 7 board members and director-level employees, as well as documents and devices for forensic analysis. [2] However, Beyer testified he was not given names of witnesses and victims from TARC's external investigation to protect their anonymity. [3] TARC has now reached an agreement to provide those names while protecting anonymity and asks to address any further issues with the council before legislative action is taken against TARC.
LOUISVILLE METRO COUNCIL 601 West Jefferson Street, Louisville, Kentucky 40202 Via email: Markus.Winkler@louisvilleky.gov
RE: TARC
Dear Mr. Winkler:
We wanted to follow up with you on our conversations. TARC has made a firm commitment to working with the Metro Council openly to aid this investigation; TARC and the Metro Council are aligned in a desire to shine the powerful antiseptic of sunlight on Ferdinand Risco’s tenure at TARC. As such, we were shocked at the impression left at the July 14, 2020, Government Accountability Committee that TARC was not being cooperative with David Beyer. Apparently you were left with the same impression of his testimony and seek to file legislation against TARC’s board members. Let it be clear. Mr. Beyer asked for TARC’s help on May 29, 2020. In the six weeks that followed, TARC has provided unprecedented assistance to Beyer in his investigation. Each and every one of our seven Board Members provided an interview to Beyer lasting hours. Each Board Member provided open and candid information with Beyer and, importantly, disclosed to Beyer the names of any known victims within their knowledge. In some cases, these Board Members followed up their interviews by doing research for Beyer and providing him additional information to make sure that he had as much information as possible. To claim that they were anything but cooperative with him would be highly inaccurate. Beyer also had open access to employees at TARC to conduct interviews, and no witness was withheld from him. He took the opportunity to interview every Director Level employee at TARC. Just like the Board Members, these employees candidly disclosed their awareness concerning these troubling facts and specifically provided Beyer with the names of any known victims within their knowledge as well. Like the Board Members, some even followed up on the interviews with additional information to aid Beyer on his path. Thus, over 19 TARC Board Members and employees were interviewed over the course of at least 40 hours and were fully cooperative. Moreover, Beyer has had ready access to documents and papers that he has requested. Indeed, in some cases, TARC has even suggested and provided documents that he did not request. TARC continues to do so and Mr. Beyer will be returning to TARC to continue his document review this week or next. In addition, TARC has agreed to provide cell phones and computer tablets from the former Executive Director for forensic analysis and they are in Metro Council’s possession. Some of Beyer’s testimony last Tuesday regarded the names of witnesses and victims interviewed by TARC’s External Investigative Legal Counsel. While the External Investigative Legal Counsel did spend more than two hours on the phone with Beyer in March 2020 going over the entire course of their investigation and sharing their preliminary findings with him, they did not provide the names to him because many requested anonymity. The names of the victims as developed by external legal counsel during their investigation have not even been disclosed to the TARC Board to protect the victim’s anonymity and avoid re-victimization. According to the External Investigative Counsel, they attempted to come to terms with Mr. Beyer to allow him access to the information he sought but to also guarantee victim anonymity. They report that Mr. Beyer did not consent to her terms. After Mr. Beyer’s testimony last Tuesday, TARC reached out to him to break this morass. I believe I have a good working relationship with him. We proposed giving him the names he sought but demanded some measure of protection for the witnesses’ and victims’ anonymity. An agreement is in place to accomplish that end and I have reached out to him to provide him those names. During our conversation, I also advised him that his testimony likely left an unwarranted impression that TARC had been uncooperative and implored him to rectify that misimpression. This obviously did not occur given your proposed legislative action. In conclusion, TARC has been very cooperative in this investigation. As we discussed, there may be matters which TARC cannot provide, but if there are, we would like to address any such issues as they arise and discuss them openly prior to legislative action. As we expressed on the phone with you, if there are to be votes taken on TARC—especially if you have the impression that TARC is not being cooperative—we would very much like the opportunity to be heard prior to that vote. We have reached out to the Committee Chair and made a similar request. It is my understanding we will be invited on July 28, 2020, Committee meeting. We would hope that in the spirit of cooperation indicated by the above, you would advocate for us to have an opportunity to be heard if additional concerns arise.
CC: Laura Douglas, Interim Co-Executive Director
Margaret Handmaker, Interim Co-Executive Director TARC Board Members GOA Committee Members