City of Phoenix

OFFICE OF THE CITY ATTORNEY

To: Recipient List Date: March 31, 2009

From: Gary Verburg, City Attorney

Subject: Litigation Hold for Preservation of Documents Regarding:

“Pataky 2” - Domestic dispute DR 2008-70443140

A claim was filed on March 18, 2009, against the City of Phoenix arising out of the service of an
allegedly retaliatory search warrant served on Jeff Pataky on March 9, 2009. Mr. Pataky alleges
that the search warrant actually was in response to critical comments he made about the Phoenix
Police Department on badphoenixcops.com; that the retaliatory search warrant was falsely
obtained and constituted a violation of his constitutional rights; and, that items were removed
which were not covered by the search warrant. These complaints, for ease of reference, are
referred to as “Pataky 2.”

The City of Phoenix, its officers, agents, and employees, are under a legal obligation to
preserve all information potentially relevant to the issues raised in Pataky 2. By this
memorandum, I direct all recipients listed in Exhibit “A” to immediately preserve and protect
such information. This information may currently be stored on computer systems as electronic
files, e-mails, or otherwise stored as hard copies or in some other tangible form. The
obligations under this litigation hold are continuing and apply equally to information
created after, as well as before, this memorandum was delivered.

I have designated Stephen J. Craig as the attorney responsible for coordinating this litigation
hold. Please contact him at (602) 262-6765 if you have any questions or if you believe that the
list of Key Personnel needs to be expanded to include others.

This litigation hold will be followed by a Custodian Questionnaire that will ask you to more
specifically identify the type, location, and amount of potentially relevant information in your
possession, custody, or control. Until then, and in addition to the above:

• Key Personnel are instructed to identify places where potentially relevant electronic
information may be stored and to make appropriate arrangements for its preservation.
• Key Personnel are instructed to identify places where potentially paper documents and
files, and other tangible material may be stored and to make appropriate arrangements
for its preservation.
• Key Personnel must preserve the departmental reports and case files, the PSB file, and
any MCAO files in the City’s possession, custody, or control.
• Key Personnel may also have the ability to save ESI to workstations and other storage
media. Accordingly, all personnel are instructed to defer running compression, disk
defragmentation or other computer optimization or automated maintenance programs,
and to reasonably safeguard and preserve portable or removable electronic storage media
containing potentially relevant ESI.
Pataky 2
Document Preservation Memo
March 31, 2009
Page 2

• The Police Department, Enterprise Application Administrators and LAN Administrators

are directed to suspend practices regarding the retention and/or destruction of ESI that
might relate to Pataky 2. Also, please defer any significant hardware/software upgrade,
repair, or replacement that that might impact the identification and preservation of ESI
relating to Pataky 2. Any significant upgrade, replacement, or disposal of hardware or
software should be discussed with the Law Department beforehand.
• The Law Department LAN Administrators are directed to suspend practices regarding
the retention and/or destruction of ESI that might relate to Pataky 2. Also, please defer
any significant hardware/software upgrade, repair, or replacement that that might impact
the identification and preservation of ESI relating to the Pataky 2. Any significant
upgrade, replacement, or disposal of hardware or software should be discussed with the
Law Department beforehand.
• E-mail – the Enterprise Application Administrators are directed immediately to disable
the scheduled purge function and to preserve all e-mails for each of the Key Personnel
identified below.

If you are aware of other electronic data or documents that may be relevant to Pataky 2, consult
with your department’s Information Technology specialists and/or the Law Department as
needed to ensure that you are taking appropriate action to preserve that information as well.

You will periodically receive friendly reminders to preserve this information.

As this matter is in litigation, all communications with and through the Law Department, its
attorneys and outside counsel, are privileged and confidential – including this e-mail and memo
– and such communications are not to be discussed or shared.

I remind you that your e-mails will be the subject of a litigation hold, and may be subject to
disclosure to the other parties and the public. I recommend that you exercise caution and
discretion when communicating in this fashion.

Thank you for your assistance. If you have any questions regarding the memorandum, please
contact Stephen J. Craig (602-262-6765) of this office.

cc: Alton Washington, City Manager’s Office

Mario Paniaqua, City Clerk
Patti Moore, Adm., PPD
Lt. Eric Edwards, PPD
Janet Smith, Personnel Director
Pataky 2
Document Preservation Memo
March 31, 2009
Page 3

Exhibit “A”

Comprehensive Distribution List

Last Name First Name Rank/Title Assignment Serial #

Key Personnel
Harris Jack Public Safety Mgr. Chief's Office 9000
Coombe Lisa Admin. Secretary Chief's Office A3367
Lannon Thomas (Tom) Exec. Asst. Chief Chief's Office 3248
Anderson Murray (Andy) Asst. Chief Chief's Office 2771
Pina James (Jim) Asst. Chief Chief's Office 3056
Yahner Joseph (Joe) Asst. Chief Chief's Office 4433
McClelland Blake Asst. Chief Chief's Office 4118
Montgomery Tracy Asst. Chief Chief's Office 4515
Finical Scott Reserve Asst. Chief Reserve Division R0585
Robinson Kevin Asst. Chief Chief's Office 3870
Hynes Jeffeory (Jeff) Commander FIB 3612
Klima Joseph (Joe) Commander VCB 3930
Richards George Commander PSB 2830
Humphrey Kim Commander PSB 4212
Miiller Charles (Chuck) Commander Public Affairs Bureau 5448
Pina Benny Commander Cactus Park Precinct 5092
Milstead Frank Commander Major Offender Bureau 4443
Zingg Mark Lieutenant Retired 4159
Spalla Lowell Lieutenant FIB 5436
Kotecki Patrick (Pat) Sergeant VCB 5000
Bell John R. Sergeant FIB 4438
Quaas Theron Detective FIB 6457
Boeck Steven Detective FIB 6844
Polombo Michael (Mike) Sergeant VCB 4696
Polombo Heather Detective VCB 6237
Vance Karen Sergeant VCB 4557
Guzman John Detective ACTIC 3980
Oldenburg Eric Detective ACTIC 5800
Pina James (Jim) Asst. Chief Chief's Office/PSB 3056
Hoover Stanton (Stan) Lieutenant PSB 3486
Tomory Joseph (Joe) Lieutenant PSB 4883
Johnson Linda Lieutenant Retired #3982 R1002
Collay Patricia (Pat) Admin. Asst. I PSB A1874
Tucker Christopher Sergeant PSB 6219
Siekmann Matthew Sergeant PSB 6347
Mentzer Kenneth (Ken) Sergeant PSB 4931
Pataky 2
Document Preservation Memo
March 31, 2009
Page 4

Porter Steve Sergeant Drug Enforcement 4974

Edwards Eric Lieutenant Legal Unit 4514
Casey Denton Legal Advisor City Law Dept.
Technical Staff
Rhyons Loretta (Lori) Administrator Computer Services A2485
Hamilton Doreen Project Manager Computer Services A5220
Piceno Gail Info Tech Proj Mng Law Dept
Naiberg Dennis Lead Info Tech Ofc Info Sys
Martin-Parker Elizabeth Dep. City Clerk Ofc Info Sys