Dear Board of Directors:
We are in receipt of your January 25, 2005 notice and invitation to file amicus curiae briefs regarding a matter pending before the Office of Compliance. You stated in your invitation that the parties to this matter are not identified due to the confidentiality provisions of the CAA.
While we welcome the opportunity to comment, we are unable to do so at this time
because the specific facts of the matter before the Office of Compliance were not communicated
in your notice and invitation. Accordingly, it is impossible for us to comment at this time
without knowing the specific facts and circumstances giving rise to the issues present to the
Office of Compliance for resolution.
We are unaware of any organizational entity that seeks amicus curiae without affording
third parties with an opportunity to review the underlying briefs supporting each respective
position. Upon review of those briefs, we will welcome the opportunity to comment.
Should those briefs remain unavailable it is impossible for us to appropriately respond.
Moreover, the fundamental principles of fairness requires us to reserve the right to present the
position of the Capitol Police Board at the appropriate time and circumstance such as the
occasion of when one of our cases is pending before the Office of Compliance.
Sincerely,
John T. Caulfield
General Counsel
Frederick M. Herrera
Employment Counsel
