Attorney for Ed Jew files immediate disclosure
request with City Attorney
Attorney Steven F. Gruel
From the Law Offices of Steven F. Gruel, attorney for suspended
Supervisor Ed Jew
October 2, 2007
October 1, 2007
Dennis J. Herrera, City Attorney
Board of Supervisors
City and County of San Francisco
One Dr. Carlton B. Goodlett Place
San Francisco, California 94102
Re: IMMEDIATE INFORMATION REQUEST [67.25(a)]
In the Matter of Charges Against Edmund Jew
Dear Mr. Herrera:
I represent Edmund Jew in the above matter.
On September 25, 2007 Written Charges of Official Misconduct
were filed against Supervisor Ed Jew. Predicated on these written
charges, Supervisor Jew was "suspended" from his duly
elected position to the San Francisco Board of Supervisors.
I have reviewed the seven page Written Charges of Official Misconduct
and the Notice of Suspension From Office that you prepared in
this matter. Apart from the residency issue, you claim that the
federal complaint served as a basis for suspension and removal
under San Francisco Charter Section 15.105.
However, you state in paragraphs 13-16 and 23 of your written
charges that "much of the information" or "some"
of the information upon which you base your allegations remains
in the sole possession of the federal government.
Thus, you have officially represented, and as witnessed by the
Mayor's signature, that you are in possession of at least some
evidence of a federal crime, apart from the media accounts and
federal complaint, that support your suspension and removal proceedings.
Predicated upon your official written representations, this is
an Immediate Disclosure Request under the San Francisco Sunshine
Ordinance to inspect and copy any and all evidence, memoranda,
correspondence, request, note, email, draft or any document as
defined in California Public Records Act (CPRA) 6752 concerning
or reflecting or touching on the issues pertaining to: (1) the
evidence you, and your office, possess, have reviewed, relied
upon or considered in any manner in basing your decision to suspend
and initiate removal proceedings against San Francisco Supervisor
Edmund Jew upon the statements and allegations contained in paragraphs
13-16 and 23 of your Written Charges. These records, documents
and evidence must be disclosed under Sunshine 67.24 (b) (1) (iii).
I also request copies of all communications by you, or others
acting on behalf of your office with other San Francisco City
and County employees, commissioners and elected officials and/or
state or federal government employees with respect to the above
described topics pertaining to paragraphs 13-16 and 23.
My request also includes all telephone records and e-mails to
and from others regarding these matters. Please include personal
cell phone records and personal e-mails, if the content of the
call or e-mail "related to the conduct of City business."
Please provide copies of all applications, declarations and orders
that you prepared, or were prepared on your behalf, and then submitted
to the United States District Court for the Northern District
of California permitting you to have access to evidence stemming
from any federal investigation involving Edmund Jew. See Rule
6 of the Federal Rules of Criminal Procedure. Not only are you
not an "attorney for the government" as defined in Rule
54 (c), but state governments are specifically not permitted disclosure
of federal grand jury investigations. Illinois v. Abbott &
Assocs., Inc., 460 U.S. 557 567 (1983). Therefore, please provide
all information showing that you and your office adhered to these
laws regarding federal disclosure of federal criminal investigations.
Please provide copies of all federal court orders that you, or
someone acting on your behalf, obtained which permitted access
to the evidence you claim to possess and to have reviewed prior
to initiating the suspension and removal proceedings against Supervisor
Please e-mail to the above address all records within 24 hours,
or as soon as possible on an incremental ongoing basis as described
in Sunshine Ordinance §67.25(d). Please key every redaction
with a specific exemption. Please provide documents in their original
electronic format. For documents which only exist in paper form,
please scan them into PDF's.
Please produce all documents in the original format with metadata
intact pursuant to CPRA 6253.9. Under 67.21 (c) Please provide
a written statement in seven days of all relevant documents (whether
or not exempt) including quantity, form, nature etc. Please read
this request broadly and invoke exemptions narrowly.
Finally, I expect that your response will be complete, truthful
and in full accordance with the law. Not only will your response,
or the lack thereof, possibly serve as an exhibit in any future
federal or state lawsuit, but anything less than strict adherence
to your lawful obligations and duties could provide clear grounds
for removal proceedings under San Francisco Charter Section 15.105.
I, or a designated representative will be available to review
and copy these documents that are not available in electronic
format on Tuesday, October 2, 2007. Please call 989-1253 to arrange
a convenient time for all.
I await your immediate reply.
Steven F. Gruel
San Francisco Office
cc. Ed Jew
Therese M. Stewart, Chief Deputy City Attorney
Linda M. Ross, General Counsel, Mayor's Office