SUMMARY MEMORANDUM AND ORDER re: [727] MOTION (FILED ON SERVICE DATE) for Extension of Time. filed by United States of America. The Court announces its decision on the Government's motion in this Summary Memorandum and Order. A full Opinion giving the Court's reasons in more detail will be filed at a later date. 1. The Court is unable to discern any basis in fact or in law sufficient to deprive the District Council of the right of termination conferred upon it by the Stipulation and Order. Accordingly, the District Council's notice of termination of Mr. Mack's services as I.I. will be enforced by the Court, subject to the further provisions of this Memorandum and Order. 2. In reaching the conclusion stated in paragraph 1 of this Memorandum and Order, the Court relies upon and imposes as a condition of Mr. Mack's termination the promise made by the District Council to the Court, to the Government, and indirectly to all union carpenters, that the District Council will continue the existence of the office of Independent Investigator, at the District Council's expense, with the successor I.I. having all the responsibilities previously held and powers previously wielded by Mr. Mack. 3. The Court makes the continuance of the office of Independent Investigator a condition of the denial of the Government's motion to extend Mr. Mack's term. The evidence makes it clear to the Court that continuing problems with respect to the operation of the job referral rules make the continuing presence and activity of an  I.I. essential to the accomplishment of the objectives identified by the Stipulation and Order and by the Consent Decree which preceded it. Specifically, the successor I.I. will be required to maintain in his office the telephone "hot line" devised and administered by Mr. Mack, including all the assurances and guarantees of anonymity and confidentiality that Mr. Mack extended to individual carpenters who called the hot line. 4. The District Council has sent requests for proposals ("RFPs") to a number of entities and individuals it is considering as the successor I.I. A number of proposals have been received but the Court has not been advised of the identity of the successor, if in fact one has been selected. April 30, 2005, Mr. Mack's last day in office under the Stipulation, is only eight days away. It is clear that a period of transition must take place, to enable Mr. Mack to brief the successor I.I. on the operations Mr. Mack and his staff have conducted, including the telephone hot line; advise the successor I.I. of the status and pendency of any investigations or inquiries Mr. Mack and his staff have been conducting; and make recommendations to the successor I.I. with respect to leads to be followed, complaints to be investigated, and further actions to be taken in order for the successor I.I. to effectively discharge the responsibilities of his office as described in the Stipulation and Order and, to the extent it is incorporated by reference, in the original Consent Decree. This enumeration of steps to be accomplished during the transition period is not intended to be exhaustive. The transition will take time, and there is no reason to request Mr. Mack to render these additional necessary services without compensation. Accordingly, and notwithstanding the Court's upholding of the District Council's right to terminate Mr. Mack as the I.I. as declared in paragraph 1 of this Memorandum and Order, the District Council is directed to pay Mr. Mack a reasonable amount in compensation for services reasonably rendered to ensure an orderly and effective transition, as described in this paragraph. That obligation of transition compensation on the part of the District Council shall begin on the date of entry of the Court's Order appointing the successor I.I., as described in paragraph 6 of this Memorandum and Order, and shall continue for two months from the date of entry of such Order, unless prior to the expiration of that two-month period Mr. Mack certifies to the Court in writing that the transition process has been successfully completed. The District Council and Mr. Mack are directed to attempt in mutual good faith to agree upon the amount of compensation required by this paragraph. Any disputes will be resolved by the Court upon the written application of the District Council, Mr. Mack, or the Government. During the interim period between the date of this Memorandum Order and the Order appointing the successor I.I., Mr. Mack should continue in his activities as the Independent Investigator, including operating the hot line. He will be compensated for those services by the District Council following the procedures previously agreed upon. 6. The identity of successor Independent Investigator, and the scope and nature of the I.I.'s responsibilities and the terms and conditions of his appointment, must be approved by a further Order of this Court. Counsel for the District Council and for the Government are directed to exercise good faith efforts to agree on the contents of this Order. The Court will resolve any disputes if requested to do so by either party. 7. In order that the union members may be fully advised of these developments, the District Council is directed to print the full text of this Summary Memorandum and Order, without editorial comment, in the next 2 issues of The Carpenter (Signed by Judge Charles S. Haight on 4/22/05) (yv, ) Modified on 4/27/2005 (yv, ). (Entered: 04/27/2005)

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