Pataky Litigation Hold

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					                                     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

				
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