State Treasurer Mark Gordon

March 29, 2017

Patricia O'Brien Arp Deputy State Treasurer Capitol Building Rehabilitation and Restoration Oversight Group The Honorable Matt Mead, of the State of Wyoming c/o The Honorable Peter K. Michael, Attorney General Wyoming Attorney General's Office Kendrick Building Mailing Address 2320 Capitol A venue Capitol Building 200 West 24'h Street Cheyenne, WY 82002 Cheyenne, WY 82002 Re: State of Wyoming, Senate Enrolled Act No. 90 and pending Laramie Office Location County, Wyoming District Court Civil Case No. CV -185932. 2020 Carey Avenue- 4th Floor Unclaimed Property 3"1 Floor Dear Oversight Group Members, Governor Mead and Attorney General Michael: Cheyenne, WY 82002 Senate Enrolled Act No. 90 was passed and signed into law recently. Among other Ad ministration things, it purports to add the Wyoming Treasurer as a voting member of the Capitol 307-777-7408 Building Rehabilitation and Restoration Oversight Group ("Oversight Group"). I did [email protected] not seek this new change in the law. Although in my capacity as Treasurer I will always endeavor to follow Wyoming' s Constitution and her statutes, in this particular Financial Division 307-777-6309 instance, I believe I will be obliged to abstain from participating in any votes while 1 stodeposits :a) ~-ryo.gov the central question posed in my pending declaratory judgment action remains unresolved. Investment Division 307-177-6704 In the pending lawsuit, I have asserted that the Session Laws which established and sto-investment-team 'q;l ~-ryo.gov purport to empower the Capitol Building Rehabilitation and Restoration Oversight Group and the Governor to award and authorize payment of contracts for certain work Unclaimed Property Division at the Capitol that is subject to my separate approval under Article 3, Section 31 and 307-777-5590 Article 2, Section I of the are facially unconstitutional and wyomingup@~-ryo.gov are, therefore, fundamentally invalid. Senate Enrolled Act No. 90 does not correct or resolve what I believe to be the facial unconstitutionality of the Oversight Group enabling legislation. I maintain that any vote I might take as a member of the Oversight Committee as constituted in Senate Enrolled Act 90 might well be misconstrued and thereby prejudice the answer to the principal question of my complaint. Furthermore, I contend that my separate approval as set forth in Article 3 Section 31 of the Wyoming Constitution cannot be diminished or diluted by legislative fiat and that Senate Enrolled Act No. 90 attempts to circumscribe my separate authority in violation of Article 2, Section 1 of the Wyoming Constitution.

1 See Laramie County District Court Civil Case No. CV- I 85932 filed May I 6, 20 16. Capitol Building Rehabilitation and Restoration Oversight Group The Honorable Matt Mead, Governor of the State of Wyoming c/o The Honorable Peter K. Michael, Attorney General March 29, 2017 Page2

In this matter, I am providing this letter to specifically hereby reassert and continue to fully reserve all of the claims in my lawsuit in this regard until they are finally resolved. Correspondingly (and regrettably), it seems advisable that all persons and entities who are acting under purported contracts authorized by the Oversight Group and Governor Mead forward in time of this letter should be notified of the pendency of the claims set out in the first amended complaint in the May 16, 2016lawsuit. I also continue to fully reserve, and do not and will not waive my attorney-client privilege with the private attorneys who are representing me in the pending lawsuit.

Nevertheless, since the new law purports to make me a voting member of the Oversight Group, and subject to this reservation of claims set out in this letter and the lawsuit, I will of course work conscientiously in my capacities on this committee. I look forward to attending Oversight Group meetings and learning the information that attending those meetings will make available to me.

Let me reiterate that I will do my best to serve the people of Wyoming well while this inelegant set of circumstances exists, I am aware of the importance of our Capitol facilities and believe that they should continue to reflect Wyoming's heritage, her opportunity, and her future.

Sincerely, Yt~~ Mark Gordon State Treasurer