BRIGGS
LAW CORPORATION
6 February 2026
Mayor John McCann ( jmccann( achulavistaca. gov)
Councilmember Carolina Chavez ( district 1(a,chulavistaca. gov) Councilmember Jose Preciado ( jpreciado( a,chulavistaca. gov) Councilmember Michael Inzunza ( minzunza( a,chulavistaca. gov) Councilmember Cesar Fernandez ( cfernandez( a,chulavistaca. gov) City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
99 East " C" Street, Suite 203
Upland, CA 91786
T: 909- 949- 7115
F: 909- 949- 7121
BLC File( s): 2248. 00
Re: Request to Preserve Evidence for Police Chief Roxana Kennedy Dear Mayor and City Council:
My firm has been retained by Police Chief Roxana Kennedy to investigate, and if necessaryprosecute, claims related to her employment by the City of Chula Vista ( not including claims being handled by the Law Office of Scott A. O' Mara). I am writing to request that your agency and all of those under its control preserve in its current form any evidenceregarding the allegationsthat the Chief hasbeensubjectedto improper discipline, retaliation, discrimination, and/or a hostile work environment, including but not limited to adverseactionsagainsther asa subterfugefor the desireof amajority of the City Council to force the Chief into an early retirement and replace her with a Latino ( collectively, the Accusation").
Suchevidenceincludesbut is not limited to anyinformation regarding your agency's disciplinary policies applicableto theChief, anyinformation supportingtheAccusation, any information refuting theAccusation, any information relating to your agency'sinvestigation of one or more portions of the Accusation, and any information relating to actions taken by your agency with respect to others accused of similar acts. The obligation to preserve information continues until further notice and applies to information currently existing, information created in the future, and recently deleted information that is recoverable with reasonablydiligent efforts.
This request for preservation of evidence includes but is not limited to preserving all methods by which information is created or maintained. Such methods include but are not limited to paperandelectronic documents, databases, document -managementsystems, video recordings, audio recordings, photographs, electronic images, internet images, instant messages, text messages, social media, voice mails, e -mails ( including message contents, headers, html source, attachments, and logs of e- mail system usage), electronic calendars and Be Good to the Earth: Reduce, Reuse, Recycle
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Mayor and City Council February 6, 2026
City of Chula Vista Page 2
schedules, metadata, file fragments, browser logs, internet- download logs, internet logs, browser logs, network access logs, cookies, browser caches, work logs, telephone logs, local and long- distance telephone records, imaged files and drives, and backup media. The evidenceis to be preserved in its native format, and the requestincludes preservation of software, tools, applications, utilities, and the like needed to access the evidence in its native format. Further, the request includes the suspension of routine document destruction and the preservation of all evidence created after the date of this letter pending completion of discovery in anticipated administrative and/or judicial proceedings.
Pleasekeep in mind that the information may be part of, by way of example only, personnel records, medical records, investigation records, incident reports, interview statements, interview notes, memos, drafts, meeting agendas and notes, time cards, in/ out records, security logs, security tapes, internet- camera recordings, word-processing documents, word-processingrevision marks andmetadata, facsimiles, letters, spreadsheets, calendars, personal -information managementdata, training materials, presentationmaterials, and expense reports.
Also pleasekeep in mind that electronic datamay not only resideon hard drives and backup media, but also on local servers, remote servers, " cloud" - based servers, home computers, hard drives of copiers, RAM on printing or facsimile devices, personal digital assistants ( PDAs), cell phones, camera phones, digital cameras, digital recorders, analog recorders, flash drives, floppy disks, CD- ROM disks, DVD disks, Bernoulli disks, magnetic tapes, computer chips, metadata, mobile devices such as Iphones or Android phones, netbooks, laptops, GPS devices, Ipads, tablets, and personal devices of individuals controlled by your agency; and/or with services such as Facebook, LinkedIn, Dropbox, Google+, WhatsApp, Signal, MySpace, Gmail, Yahoo Mail, Hotmail, Outlook Mail, and other web - basedmessagingservices. Thesedevicesand servicesmay be controlled directly by your agencyorby individualsunderyour agency'scontrol. Essentially, evidencemaybe possessed by others, such as outside agents and contractors, former employees, vendors, contractors, and the like.
Until you fully and completely mirror all electronic data regarding the Accusation, we requestthat you not alter any electronic data. Altering electronic datacan include backup - mediarotation, electronic data -shredding, scheduleddestructionof backupmedia, re -imaging of drives, hard - drive exchanges, transfers or destruction of electronic storage devices and/ or systems, and defragmentation of and maintenance routines performed on electronic storage devices. However, an electronic backup of a hard drive or other electronic device is not adequatepreservation; rather, amirror or imageof ahard drive or other electronic device is neededsuch that all areas, usedandunused, of the device arepreserved. Furthermore, any deletedfiles coveredby this requestthat arereasonablyrecoverableareto berecoverednow to prevent over -writing the file.
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ayor and City Council February 6, 2026
City of Chula Vista Page 3
Please communicate this request to each individual controlled by your agency who was involved in conductcoveredby the Accusation or who may reasonablybe expectedto have created, maintained, or storedany of the information describedabove.
In addition, pleasekeepin mind that Government Code Section6200provides, inter alia, that every public officer having custody of any record " filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment [ for up to four years] ... if, asto thewhole or anypart of the record ... the officer willfully doesor permits any other person to do any of the following: ( a) Steal, remove, or secrete. ( b) Destroy, mutilate, or deface. ( c) Alter or falsify." Consequently, any recently deleted information covered by this request should be recovered immediately.
Lastly, I request that all future communications from you agency regarding the Accusation be directed to me and not the Chief. If you have any questionsregarding the contents of this letter or if you do not understand any portion of it, please contact me immediately.
Sincerely,
BRIGGS LAW CORPORATION
Cory J. Briggs
cc: City Attorney Marco Verdugo ( mverdugo( chulavistaca. gov) City Manager Tiffany Allen ( tallen( chulavistaca. gov) City Clerk Kerry Bigelow ( kbigelow( 2lchulavistaca. gov, cityclerk( a,chulavistaca. gov) Be Good to the Earth: Reduce, Reuse, Recycle
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