Attorney for Ed Jew files immediate disclosure request with City Attorney

Attorney Steven F. Gruel
Photo(s) by Luke Thomas

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
City Hall
One Dr. Carlton B. Goodlett Place
San Francisco, California 94102
Gavin Newsom

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 Ed Jew.

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.

Sincerely,

Steven F. Gruel
San Francisco Office

cc. Ed Jew
Therese M. Stewart, Chief Deputy City Attorney
Linda M. Ross, General Counsel, Mayor's Office

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