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May 11, 2012 Todd Mokhtari News Director KIRO TV 2807 Third Avenue Seattle, WA 98121 Dear Mr.

Mokhtari, The recent news story concerning Chester Harris is not only a shockingly low point for the KIRO news organization, it is a misleading and discriminatory portrayal of Mr. Harris, has placed him in a false light and caused him serious harm. I serve as the Reporting Corresponding Secretary for the International Union of Operating Engineers Local 609, which represents Mr. Harris, and I write to urge you to immediately remove the misleading and discriminatory story to avoid the necessity of taking further action. The story contains several glaring omissions, the inclusion of which would tend to disprove the outrageous allegations made by KIRO. First, the complaints about Mr. Harris originate within one family, although the story inaccurately insinuates that complaints from several families are involved. For instance, the news video states: Two parents, two students, telling a very similar story. This characterization of the facts falsely suggests that the allegations against Mr. Harris have been corroborated from multiple sources, when in fact, only one complainant family is involved. The fact is that the Hendricks/Howard family is engaged in an ongoing pattern of harassment against Mr. Harris, which KIRO has propagated by providing a platform for a false and misleading telling of the story. Additionally, the story shockingly neglects to include any reference to the investigation into the February incident revealed that all of the eyewitnesses contradicted the claims made by the family. KIROs story also fails to disclose the fact that the student involved in the February incident was found to have provided false testimony (by claiming, for instance, that Mr. Harris had signed the student out to go home when in fact the sign out sheet definitively disproved this

allegation). It also fails to include the fact that the investigating police officer found no evidence of criminal activity after investigating the February incident. The story and video also contain inaccuracies and grossly misleading statements. For instance, the video news clip states that the police reportstates that Mr. Harris directed a student to go to his office when in fact, the police report clearly states that this allegation was made by the complaining parent. By inaccurately attributing the aforementioned statement to the police, as opposed to the complainant, the story falsely suggests that the allegations leveled against Mr. Harris have been found credible, when in fact every investigation into Mr. Harris has proven the claims made against him to be baseless. The story also makes the inflammatory claim that little has been done in response to parents complaints a statement that appears patently false, given that all of the allegations against Mr. Harris have been investigated, and several reports have been issued finding no merit to the claims leveled against him. The article and news video also misleadingly claim that police never spoke with Mr. Harris because of an oversight, when in fact the police report clearly states that the report was concluded without interviewing Mr. Harris, who had gone home for the day, because the investigating officer found no evidence of any criminal activity. The stories also fail to disclose that Mr. Harris was interviewed about the February incident as part of the investigation conducted by Seattle Public Schools. That report included a summary of an interview with Mr. Harris, as well as seven other witnesses, none of whom provided any testimony to support the allegations leveled against Mr. Harris. Also troubling is the reference in the story to Mr. Harris prior arrests that did not result in criminal conviction. As the Equal Employment Opportunity Commissions recent enforcement guidelines regarding the consideration of arrest and conviction records state, the fact of an arrest does not establish that criminal conduct has occurred. Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges, or the charges are dismissed. The guidelines also note that African Americans and Hispanics are arrested at a rate 2 to 3 times higher than their proportion of the general

community. As a result, consideration of arrests but not convictions may violate anti-discrimination laws. The inclusion of reference to Mr. Harris prior arrests misleadingly suggests he has been found to have engaged in criminal activity and is discriminatory. The story also depicted Mr. Harris handling students. The reporter goes to lengths to lead viewers to believe that the footage shows some nefarious intent. In fact Mr. Harris was preventing students from fighting. I have learned from the mother of the child shown that she explained this to your reporter PRIOR to your airing of the story yet KIRO ran with the salacious twist of events rather than the truth. I cannot understand your motivation here. The mother of this child, in my presence, profusely thanked Mr. Harris for his actions that day. It should be added that Mr. Harris asked not to be filmed and your report disregarded this simple request. This is a disgraceful show of unprofessionalism. It is deeply troubling that KIRO has involved itself in one familys witch hunt against a well-respected and valued employee of Seattle Public Schools. More troubling is the fact that KIROs reporting is misleading and discriminatory, and places Mr. Harris in a false light. I expect that KIRO will cease this disgraceful type of reporting on its own volition to avoid the necessity of further legal action. Please immediately remove the stories concerning Mr. Harris from your website or I may be forced to assist Mr. Harris in obtaining legal representation. Sincerely,

Mike McBee Recording and Corresponding Secretary IUOE Local 609