APPENDIX 2

1438666.1

Andrew D. Herman Counsel

aherman@milchev.com 202-626-5869

July 18, 2014

The Honorable K. Michael Conaway, Chairman

The Honorable Linda T. Sánchez, Ranking Member

U.S. House of Representatives

Committee on Ethics

1015 Longworth House Office Building

Washington, DC 20515-6328

Dear Chairman Conaway and Ranking Member Sánchez:

Pursuant to the June 12, 2014, letter from the Committee on Ethics requesting

documents from my client, Representative Luis Gutiérrez, I am providing additional

documents responsive to that request. The documents are designated LVG_COE-00308

through LVG_COE-06622.

The Committee has also requested that Representative Gutiérrez provide responses to

questions posed in its letter. These responses are provided below. I have also attached to

this letter a signed copy of the declaration provided by the Committee.

Representative Gutiérrez submits the following responses to the Committee’s

questions posed in its June 12, 2014, letter:

4. The documents provided to the Committee on Ethics do not reflect formal training

activities from January 3, 2007 to the present. Of course, the absence of documents does not

reflect the informal guidance or training, either in-person or via telephone, that may have

been provided during that period by Mr. Scofield to Representative Gutierrez’s staff.

The Committee should also note that the agreement between the Office of

Congressman Gutierrez and Scofield Communications – provided to the Committee on

House Administration prior to signing of the agreement and submitted to the House Finance

Office at the start of each new Congress – authorized Scofield Communications to perform a

wide range of tasks; the documents provided to the Committee that accompany this letter

reflect Mr. Scofield’s performance of these tasks.

July 18, 2014

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5. Mr. Scofield's role in Representative Gutiérrez’s office was distinct from that of

official staff in a number of significant ways. To the best of Representative Gutiérrez’s

knowledge, Mr. Scofield had no office space or office hours in either the Washington, D.C.,

or district offices; he did not use House equipment or resources to complete tasks associated

with his contract; he did not utilize an official House email address; he had no specific job

responsibilities, nor did he hire, fire, direct or supervise any member of the official staff. Mr.

Scofield generally received assignments for specific tasks, as provided by the contract,

primarily from Representative Gutiérrez, his chief of staff or his communications director.

The documents provided to the Committee reflect the range of tasks performed by Mr.

Scofield under the agreement.

6. Susan Collins, Representative Gutiérrez’s chief of staff, directed the office’s systems

administrator to conduct a comprehensive search of emails and attachments related to Mr.

Scofield. The documents searched were from the electronic files of former and current staff

who had, or could have had, substantive contact with Mr. Scofield. The search terms used

included “Scofield,” “Botanical Garden,” “Food Bank” and “Food Depository.”

Documents designated LVG_COE-00308 through LVG_COE-06130 emanate from this

search.

Ms. Collins also directed the office’s system administrator to conduct a

comprehensive search of all computer files (such as Word documents, PDF’s, etc.) of former

and current staff who had, or could have had, substantive contact with Mr. Scofield.

Documents produced pursuant to this search were those that had “Scofield,” “Botanical

Garden,” “Food Bank” and “Food Depository” in the name or body of the document, or were

drafted, reviewed, edited or received by Mr. Scofield. Documents designated LVG_COE-

06131 through LVG_COE-06614 emanate from this search.

Ms. Collins also directed the collection of all existing paper files in Representative

Gutiérrez’s office related to Mr. Scofield. Documents produced pursuant to this search were

those related to Doug Scofield or included references to the “Botanical Garden,” “Food

Bank” and “Food Depository.” The documents emanating from this search are included

among the documents previously produced to the Committee that were designated

LVG_COE-000001 through LVG_COE-00307.

Ms. Collins also directed the collection of emails from Representative Gutierrez’s

“Yahoo” email account that related to Mr. Scofield. These documents are included among

the documents designated LVG_COE-000001 through LVG_COE-00307 – previously

produced to the Committee – and documents LVG_COE-06615 through LVG_COE-06622,

included with this production.

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After compiling potentially responsive documents, Ms. Collins reviewed them with

Representative Gutiérrez’s counsel to identify the documents responsive to the Committee’s

June 12, 2014, request.

Representative Gutiérrez has produced all documents responsive to the Committee's

request that were identified as a result of these searches. Representative Gutiérrez has

withheld no documents responsive to the Committee’s request on the basis of any privilege.

Pursuant to his obligation to provide responsive documents to the Committee, Representative

Gutiérrez and his staff will continue to provide any additional responsive documents that

they may find.

Please contact me if you have any questions.

Regards,

Andrew D. Herman

Enclosures