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OFFICE OF THE CITY ATTORNEY
Litigation Hold for Preservation "Barnes 2" - Search Warrant
of Documents Regarding:
A claim was filed on June 12, 2009, against the City of Phoenix, the Mayor, the City Manager, Jack Harris, Steven Boeck, Det. Theron Quaas~ and Sgt. Bell arising out of the service and execution of a search warrant served on David Barnes on March 12, 2009. Mr. Barnes alleges that in or about early August, 2008, the SID investigated computer tampering with the computer of Det. Heather Polumbo and the sending of inappropriate e-mail messages; that in or about October, 2008, SID extended its investigation to include Jeffrey Pataky and his website; that Mr. Barnes was targeted by Jack Harris for his believed involvement with the website; and, that on or about March 9, 2009, SID requested a search warrant because Mr. Barnes was being investigated for involvement in several computer-related criminal offenses. Mr. Barnes alleges that the affidavit used to obtain the search warrant was based on mere speculation that was portrayed to the judge as fact. These complaints, for ease of reference, are referred to as "Barnes 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 Barnes 2. It is necessary that all employees who are involved with the litigation or its underlying claims take every reasonable step to preserve this information. This includes not only hard copy documents, but audio recordings, videotape and all electronic information maintained on computer systems, removable electronic media (e.g., laptops, PDAs, Blackberry devices), and any other locations where electronic data is stored (including all backup facilities). Electronic data includes emails, documents, spreadsheets, and/or any forms of electronic information created, received, and/or maintained by the City, its agents and employees. The City must immediately suspend deletion, overwriting, or any other possible destruction of electronic information that is or may be relevant to the claims in this matter. This includes, but is not limited to relevant email and other electronic communications; word processing documents, spreadsheets, databases, offline storage or information stored on removable media (e.g., CDs and DVDs), information contained on laptops or other portable devices, and network access information. 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.
Barnes 2 Document Preservation Memo June 23, 2009 Page 2
I have designated Stephen 1. 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 follows the Custodian Questionnaire already developed for Barnes 2. In fact, some of you already have completed a single joint Questionnaire for'both Pataky 2 and Barnes 2. Irrespective of whether you have already completed the (now) joint Questionnaire or will do so shortly, please remember that it is designed to identify the location of all documents potentially relevant to both claims - Pataky 2 and Barnes 2.
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 relevant paper documents, paper 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. 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 Barnes 2. Also, please defer any significant hardware/software upgrade, repair, or replacement that that might impact the identification and preservation of ESI relating to Barnes 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 Barnes 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 Barnes 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 Barnes 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.
Barnes 2 Document Preservation Memo June 23, 2009 Page 3
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
Barnes 2 Document Preservation Memo June 23, 2009 Page 4
Last Name Anderson Bell Boeck Casey Collay Coombe Edwards Finical Guzman Harris Hoover Humphrey Hynes Johnson Klima Kotecki Lannon McClelland Mentzer Miiller Milstead Montgomery Oldenburq Pina Pina Pina Polombo Polombo Porter Quaas Richards Robinson Schmidt Siekmann Spalla
I Rank/Title Key Personnel Asst. Chief Sergeant Detective Leqal Advisor Admin. Asst. I Admin. Secretary Lieutenant
Chiefs Office FIB FIB City Law Dept. PSB Chiefs Office Leqal Unit Reserve Division ACTIC Chiefs Office PSB PSB FIB Retired #3982 VCB VCB Chiefs Office Chiefs Office PSB Public Affairs Bureau Major Offender Bureau Chiefs Office ACTIC Chiefs Office Cactus Park Precinct Chiefs Office/PSB VCB VCB Drug Enforcement FIB PSB Chiefs Office PSB PSB FIB
2771 4438 6844
Murray (Andy) John R. Steven Denton Patricia (Pat) Lisa Eric Scott John Jack Stanton (Stan) Kim Jeffeory (Jeff) Linda Joseph (Joe) Patrick (Pat) Thomas (Tom) Blake Kenneth (Ken) Charles (Chuck) Frank Tracy Eric James (Jim) Benny James (Jim) Michael (Mike) Heather Steve Theron George Kevin Bill Matthew Lowell
A1874 A3367 4514 R0585 3980 9000 3486 4212 3612 R1002 3930 5000 3248 4118 4931 5448 4443 4515 5800 3056 5092 3056 4696 6237 4974 6457 2830 3870 6150 6347 5436
Reserve Asst. Chief Detective Public Safety Mqr. Lieutenant Commander Commander Lieutenant Commander Sergeant Exec. Asst. Chief Asst. Chief Sergeant Commander Commander Asst. Chief Detective Asst. Chief Commander Asst. Chief Serqeant Detective Sergeant Detective Commander Asst. Chief Serqeant Serqeant Lieutenant
Barnes 2 Document Preservation Memo June 23, 2009 Page 5
Lieutenant Ser eant Vance Yahner Zin Hamilton MartinParker Naiber Piceno Rh ons Ser eant Asst. Chief Lieutenant Technical Staff
PSB PSB VCB Chiefs Office Retired Com uter Services
4883 6219 4557 4433 4159 A5220
Elizabeth Dennis De . Ci Clerk Lead Info Tech Info Tech Pro· Mn Adm inistrator
Gail Loretta (Lori)
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