District lead counsel Noel Treat said this:
Treat, in a reply e-mail, advised Ikeda to "please cooperate fully and answer any questions" of the investigator, Seattle attorney Patricia Eakes.
On Friday, Treat told Ikeda that because Eakes is legal counsel working for the school district, no waiver of the attorney-client privilege is necessary for him to cooperate.
"To the extent you believe otherwise, please consider this a waiver to the extent necessary for you to be interviewed," Treat wrote in his e-mail, telling Ikeda that Eakes would contact him next week.
What Gary thought:
"However, I do think clarification is necessary as to the issue of my not responding to the questions of the investigator when she called me and said that she was conducting an investigation on behalf of the school board," Ikeda wrote. "I told her that before I responded I wanted to know the purpose of the investigation. She told me she couldn't say. I asked her if our conversation was covered under the attorney-client privilege. She told me it was not. I asked her for what purpose would my comments be used. She told me that she couldn't say. I told her that in that case my comment was that the information I received regarding the small works program had come from a staff attorney. The conversation then ended."
C'mon on, Gary. You've done investigations before; this was all new to you?
The Times asked a Seattle U law professor about this issue:
Strait said based on what is in the auditors' report, Ikeda didn't adhere to his ethical duty to look out for the best interests of the district by reporting problems to top administrators and the School Board.
McKenna should be concerned about whether Ikeda understands that is also his obligation at the UW, Strait said.I'm thinking that Gary's boss, Rob McKenna, who has ambitions to be governor, did not want this taint affecting that goal and gave him a big push. McKenna's office had no comment.
I'm hoping that Gary Locke will follow suit but I think he needs a big push in that direction.