I can't speak to the specifics of the case in question, or to the letter you're referring to. Settlement privilege would preclude me from discussing that matter.
If you would let me speak generally to the matter, with any case, I review the facts of the case and I consult with our justice counsel. They provide me with legal advice as to what the risks are and what issues we may be concerned with in regard to legal precedence. Together we would come up with a draft position.
I would then approach my director and in turn my assistant commissioner. I would present it to them, and then we would move forward.