"

City of Phoenix
OFFICE OF THE CITY ATTORNEY
Litigation Hold for Preservation of Documents Regarding:
"Barnes 2"- Search Warrant
A claimwas filed on J une 12, 2009, against the City of Phoenix, the Mayor, the City Manager,
J ack 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 inor 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 J effrey Pataky and his website; that Mr.
Barnes was targeted by J ack Harris for his believed involvement with thewebsite; and, that on or
about March 9, 2009, SID requested asearch 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
thejudge as fact. These complaints, for easeof reference, arereferred 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 theCity, its agents andemployees.
The City must immediately suspend deletion, overwriting, or any other possible destruction of
electronic information that isor may berelevant totheclaims inthis matter. This includes, but is
not limited to relevant email and other electronic communications; word processing documents,
spreadsheets, databases, offline storage or information stored onremovable 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
J une 23, 2009
Page 2
I have designated Stephen 1. Craig as the attorney responsible for coordinating this litigation
hold. Please contact himat (602) 262-6765 if you have any questions or if you believe that the
list of Key Personnel needs to beexpanded to include others.
This litigation hold follows theCustodian Questionnaire already developed for Barnes 2. In fact,
some of you already have completed asinglejoint Questionnaire for'both Pataky 2and 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 2andBarnes 2.
Key Personnel are instructed to identify places where potentially relevant electronic
information may bestored andto make appropriate arrangements for itspreservation.
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 itspreservation.
Key Personnel must preserve the departmental reports and case files, the PSB file, and
any MCAO files inthe 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 andpreserve 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 bediscussed with theLaw 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 aretaking appropriate action topreserve that information aswell.
Barnes 2
Document Preservation Memo
J une 23, 2009
Page 3
As this matter is in litigation, all communications with and through the Law Department, its
attorneys and outside counsel, areprivileged and confidential - including this e-mail and memo
- and such communications arenot to bediscussed 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 inthis 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
J anet Smith, Personnel Director
Barnes 2
Document Preservation Memo
J une 23, 2009
Page 4
Last Name I First Name I Rank/Title I Assignment I Serial # I
Key Personnel
Anderson Murray (Andy) Asst. Chief Chiefs Office 2771
Bell J ohn R. Sergeant FIB 4438
Boeck Steven Detective FIB 6844
Casey Denton Leqal Advisor City Law Dept.
Collay Patricia (Pat) Admin. Asst. I PSB A1874
Coombe Lisa Admin. Secretary Chiefs Office A3367
Edwards Eric Lieutenant Leqal Unit 4514
Finical Scott Reserve Asst. Chief Reserve Division R0585
Guzman J ohn Detective ACTIC 3980
Harris J ack Public Safety Mqr. Chiefs Office 9000
Hoover Stanton (Stan) Lieutenant PSB 3486
Humphrey Kim Commander PSB 4212
Hynes J effeory (J eff) Commander FIB 3612
J ohnson Linda Lieutenant Retired #3982 R1002
Klima J oseph (J oe) Commander VCB 3930
Kotecki Patrick (Pat) Sergeant VCB 5000
Lannon Thomas (Tom) Exec. Asst. Chief Chiefs Office 3248
McClelland Blake Asst. Chief Chiefs Office 4118
Mentzer Kenneth (Ken) Sergeant PSB 4931
Public Affairs
Miiller Charles (Chuck) Commander Bureau 5448
Frank
MajorOffender
Milstead Commander Bureau 4443
Montgomery Tracy Asst. Chief Chiefs Office 4515
Oldenburq Eric Detective ACTIC 5800
Pina J ames (J im) Asst. Chief Chiefs Office 3056
Cactus Park
Pina Benny Commander Precinct 5092
Pina J ames (J im) Asst. Chief Chiefs Office/PSB 3056
Polombo Michael (Mike) Serqeant VCB 4696
Polombo Heather Detective VCB 6237
Porter Steve Sergeant Drug Enforcement 4974
Quaas Theron Detective FIB 6457
Richards George Commander PSB 2830
Robinson Kevin Asst. Chief Chiefs Office 3870
Schmidt Bill Serqeant PSB 6150
Siekmann Matthew Serqeant PSB 6347
Spalla Lowell Lieutenant FIB 5436
Barnes 2
Document Preservation Memo
J une 23, 2009
Page 5
Lieutenant PSB 4883
Ser eant PSB 6219
Vance Ser eant VCB 4557
Yahner Asst. Chief Chiefs Office 4433
Zin Lieutenant Retired 4159
Technical Staff
Hamilton Doreen Com uter Services A5220
Martin-
Parker Elizabeth De . Ci Clerk
Naiber Dennis Lead Info Tech
Piceno Gail Info Tech Pro Mn
Rh ons Loretta (Lori) Administrator A2485