Penn Pike employees get order to preserve documents for corruption investigations
Posted on Mon, 2009-11-16 13:31
Pennsylvania Turnpike employees have received an email ordering them to retain a wide range of documents because of multiple corruption investigations. The email called a Revised Mandatory Preservation Order gives an indication of the scope of the FBI and state's attorney's probes - a legal "roadmap."
The specific projects listed for document preservation:
- service plaza development
- SAP support
- enterprise technology strategy and standards
- integrator for enterprise resource planning
They want personnel records including salary changes preserved, organization charts, and job postings.
"xxxiii" (33) companies and persons are listed doing business with the Turnpike with whom records must be frozen:
i. HMS Host
ii. CIBER, Inc.
iii. Smart and Associates, LLP
iv. Orth-Rodgers & Associates, Inc.
v. KCI Technologies
vi. Dataquest
vii. Hopkins & Company
viii. Select-A-Branch ATM Network, LLC
ix. The Doggery
x. Tom Geanopolus
xi. Sunoco
xii. Saul Ewing
xiii. Meyer Darragh, LL
xiv. Architectural Innovations, LLC
xv. Women’s Business Enterprise
xvi. John Graham
xvii. Orbital Engineering
xviii. The Burns Group
xix. Vitetta Engineering
xx. MP Consulting
xxi. M&P Consulting
xxii. S. Michael Palermo
xxiii. Charlie Geffen
xxiv. CHH Partners, LLC
xxv. PBS&J
xxvi. Duane Morris, LLP
xxvii. Chad Jeremy Rubin
xxviii. Astorino
xxix. Sam Hopkins
xxx. Hopkins & Company
xxxi. Geffen Agency
xxxii. Dennis Miller
xxxiii. Anne Griffiths
(editor: you've got to love the cute use of 18th century latin numerals, especially when it's a list that includes an establishment that calls itself The Doggery)
No faking it guys, really
On voice mails the email states: "If you create voice mails, you must not create new voice mails for any communications relating to these matters."
Full text
The full text of the email is reproduced below:
REVISED MANDATORY PRESERVATION NOTICE
The Pennsylvania Turnpike Commission (the “Commission”) has retained Conrad O’Brien, PC (“Conrad O’Brien”) for legal services in connection with the Pennsylvania Attorney General’s investigation into various matters involving the Commission. In light of the pending investigation, Conrad O’Brien is conducting an internal review of certain practices and procedures. Accordingly, officers and employees of the Commission must take immediate steps to preserve information, including documents and electronically stored information, such as email files, relating to this investigation.
You have received this Mandatory Preservation Notice (“Notice”) because you are an officer or employee in one of the Departments in which this review will be conducted. To the extent that you may have pertinent information, you are required to preserve and maintain that information until further notice, as explained below.
Please note that, until further written instructions, this Notice suspends any normal document retention schedule and disposition policies for the Categories of Information, which are identified below in this Notice (“Material”). Do not delete, destroy or dispose of any Material, and suspend any manual or automated practices in effect prior to receipt of this Notice that might lead to the deletion, destruction or disposition of any Material. 
Please take the time to understand this Notice. Failure to comply with this Notice may result in adverse employment or legal consequences. If you have any questions regarding this Notice, including whether any particular documents, data, or other Material falls within the scope of this Notice, please contact the Contact 
Persons identified below.
Please promptly notify the Contact Persons identified below in the event that you are changing jobs within the Commission or are leaving employment with the Commission. Arrangements will be made to ensure that Material is appropriately preserved and maintained pursuant to this Notice.
A. DEFINITION OF “Material”
The definition of “Material”, as used in this Notice, includes: paper documents and electronically stored information, whether in an electronic database or on electronic media, such as memoranda, notes, letters, e-mails, files, timesheets, calendars, logs, agreements, contracts, proposals, requests for proposals (RFPs), slides, spreadsheets, databases, presentations, charts, graphs, audio files, voicemails, IM communications, blogs, videotapes, etc. Final versions as well as all drafts of such Materials must be preserved. This request includes not only Materials in your possession, but those in your custody or control, including Materials that are
kept in central files or in offsite storage. You should consider a variety of sources within your control (e.g., desktop computer; mobile computer; network data shares; personal intranet sites such as blogs and podcasts; e-mail accounts, including but not limited to, emails in your inbox, sent items, deleted items, drafts folder, and any .pst or .ost files; Instant Messaging applications; portable storage devices such as flash memory devices, DVDs, CDs, diskettes, and iPods; personal data assistant devices such as the Blackberry, Treo, iPhones, and cell phones; file cabinets; drawers; notebooks; etc.). In addition, if an assistant maintains your files or retains copies of your documents, then those Materials must be preserved as well.
B. REVIEW AND PRESERVATION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
With these definitions in mind, please review the “Categories of Information” below and recognize that you may have documents that fall within more than one of these categories. Please preserve any Materials you may have that fall into any of these categories and ensure that these Materials are not destroyed or deleted. In addition, please suspend any programs that call for the routine and/or automatic deletion of data.
C. TIME PERIOD COVERING DOCUMENTS
The time period covered by this Notice is January 1, 2003 to the present, although it is possible that there may be some older Materials relevant to the Commission’s review that were created prior to this period and therefore should also be preserved.
D. CATEGORIES OF INFORMATION
Please preserve any Material relating in any way to the following matters:
1. Requests for Proposals (RFPs) pertaining to any of the following:
i. Service Plaza Development Project, RFP No. 04-142-2869;
ii. SAP Post Implementation Support, RFP No. 08-10340-3609;
iii. Strategic Enterprise Technology Plan and Enterprise Technical Architecture & Standards Planning Services (SETP ETAS), RFP No. 03-133-2865; and/or
iv. Integrator for the Implementation of an Enterprise Resource Planning (ERP) System, RFP No. 05-101-3119.
2. All materials, including agenda, policy letters, email, correspondence, minutes, meeting schedules, and backup documents, generated by the following committees:
i. The Technology Review Committee;
ii. The Personnel Committee;
iii. The Administration Committee; and/or
iv. The Procurement Technical Review Committee
3. All personnel Material that relate in any way to the following:
i. Personnel records including salary changes
ii. Worker’s compensation claims
iii. Current and previous organizational charts (including organization charts identifying
positions as well as the individuals holding those positions) for the Commission
iv. Internal and external job postings for all employment positions within the Commission
v. Personnel policy manuals
4. All contracts, drafts, evaluations, correspondence, records, payments, and any other materials that relate in any way to any of the following entities and/or their subsidiaries:
i. HMS Host
ii. CIBER, Inc.
iii. Smart and Associates, LLP
iv. Orth-Rodgers & Associates, Inc.
v. KCI Technologies
vi. Dataquest
vii. Hopkins & Company
viii. Select-A-Branch ATM Network, LLC
ix. The Doggery
x. Tom Geanopolus
xi. Sunoco
xii. Saul Ewing
xiii. Meyer Darragh, LLP
xiv. Architectural Innovations, LLC
xv. Women’s Business Enterprise
xvi. John Graham
xvii. Orbital Engineering
xviii. The Burns Group
xix. Vitetta Engineering
xx. MP Consulting
xxi. M&P Consulting
xxii. S. Michael Palermo
xxiii. Charlie Geffen
xxiv. CHH Partners, LLC
xxv. PBS&J
xxvi. Duane Morris, LLP
xxvii. Chad Jeremy Rubin
xxviii. Astorino
xxix. Sam Hopkins
xxx. Hopkins & Company
xxxi. Geffen Agency
xxxii. Dennis Miller
xxxiii. Anne Griffiths
5. All Materials that relate in any way to the following:
i. Consultants engaged by the Commission.
ii. Investment managers used or considered by the Commission.
iii. Bond underwriters employed or used by the Commission.
iv. Law firms retained to provide counsel to the Commission.
v. Quarterly investment reports for the Commission
6. All materials pertaining to campaigning, including campaigning while working for the state, the use of state equipment during campaign activities, and fundraising.
E. INSTANT MESSAGING
If you use Instant Messaging applications on your system (or similar functions on a personal data assistant device), you must not use IM for any communications relating to these matters. If you inadvertently use IM to communicate information relevant to these matters or the review, you must preserve the communication by transferring the conversation to a text editor like MS Word or print it, regardless of whether the IM 
communication constitutes a record that should be retained pursuant to existing internal policies.
F. VOICE MAILS
If you create voice mails, you must not create new voice mails for any communications relating to these matters. If you inadvertently create a voice mail to communicate information relevant to these matters, you must preserve the communication, regardless of whether the voice mail constitutes a record that should be retained pursuant to existing internal policies. You may, however, create a voice mail to the Contact Persons listed below for purpose of discussing this Mandatory Preservation Notice.
If you have existing voice mails relevant to these matters or this review, you must immediately contact the Contact Persons listed below to take immediate steps to preserve these voice mails, and avoid the deletion or destruction of any relevant voice mails due to any automated voice mail practices in effect prior to the receipt of this Notice.
G. NEW MATERIAL CREATION REMINDER
Keep in mind that all documents and electronically stored information that you prepare, like Materials that already exist, may need to be produced as required by law. You should keep this in mind as you prepare Materials and as you make decisions about whether Materials need to be prepared.
H. CONTACT PERSONS
Your Contact Persons are Doreen McCall, Chief Counsel and Commission Attorney Michael McGovern. Please do not discuss with other people the nature or substance of your conversations with the contact persons. If you 
are contacted about this Notice by people who are not affiliated with the Commission, please do not discuss this matter with them, and promptly alert a Contact Person listed above regarding that contact.
To the extent that you become aware of relevant Materials somewhere else in the organization or if there are other individuals whom you believe may have pertinent information, please notify a Contact Person. Please do not forward this Notice to those individuals on your own; the Contact Person will do so and thus, be able to track the request.
Your responsibility to comply with this Notice is ongoing and exists until you receive further notice from the Commission.
Thank you for your attention and assistance.
Once you have reviewed this Notice, confirm that you have done so by e-mailing Doreen McCall at dmccall@paturnpike.com.
TOLLROADSnews 2009-11-16