CONTACTS 
0201 - Dep Natrl Rscrs & Consvn           406 444 6699 fax 6721
020101 - Ms. Sarah Ann Bond, Esquire
020102 - Department Counsel =406 444 6660; Legal Division

SUBJECTS
SDS as part of job record
Thinking through writing on computers
Litigation Restraints
Security & Privacy
Accountability Avoided, Turn Out the Lights
Writing Guides Designs Effective Speech

0908 -    ..
0909 - Summary/Objective
0910 -
091001 - This follows up the discussion yesterday, ref SDS 3, on the
091002 - procedure for Welch giving advice to DNRC.
091003 -
091004 - This issue arises from DNRC's concern that its deliberative process
091005 - might be compromised by discovery of the SDS records that contain
091006 - ideas and debate on issues.
091007 -
091008 - Need to address this view in the book on SDS and POIMS.
091009 -
091010 - Did not charge this to DNRC subject so it cannot be discovered in
091011 - litigation.
091012 -
091013 -
091014 -
091015 -  ..
0911 -
0912 -
0913 - Discussion
0914 -   ..
091401 - Sarah advised that she has discussed using SDS records with
091402 - Peter Lamb, a DNRC outside lawyer, and has submitted some SDS
091403 - documents to him for review.
091404 -
091405 - Peter recommends that DNRC continue to receive detailed analyses of
091406 - matters using SDS, but after submittal, DNRC will indicate on the
091407 - printed report what aspects of the record to delete that might be
091408 - considered sensitive.  After making the deletions, the originally
091409 - marked up printed report will be returned to DNRC legal to be retained
091410 - for future reference, as needed.
091411 -
091412 -
091413 -     ..
091414 -    Literacy, Writing Strengthen Understanding
091415 -    Analysis Provides Knowledge Space to Account all Factors
091416 -
091417 -    This is slightly better than Sarah's first suggestion which was for
091418 -    Welch to communicate with DNRC like other managers and consultants
091419 -    by conversation rather than writing in order to avoid discovery in
091420 -    a possible law suit.
091421 -
091422 -    I pointed out that no human being can manage complex facts and
091423 -    reasoning as concretely in ordinary stream-of-conscious speech, as
091424 -    can be done in writing.  That is why contractors are required to
091425 -    rely on plans and specs instead of verbal instructions.  Instead of
091426 -    the architect simply telling the contractor where to dig the ditch
091427 -    for a foundation, where to route the plumbing, and how big the
091428 -    doors should be, the architect writes this down and draws a diagram
091429 -    to maintain shared meaning that guides the actual work, as
091430 -    explained in POIMS. ref OF 1 6944
091431 -
091432 -
091433 -     ..
091434 -    Fear Accountability Debugging Management Psychologically Demanding
091435 -
091436 -    Written recommendations that are not followed reflect badly, only
091437 -    if the receiver of information and recommendations does not have a
091438 -    better reason for failing to implement or adopt an alternate
091439 -    approach.  Thus, written recommendations can be advantageous in
091440 -    encouraging more than cursory analysis since deeper analysis
091441 -    generally leads to better decisions which is what is normally
091442 -    needed in order to succeed at a task.  However, evidently current
091443 -    legal practice is forcing people to give up their analysis tool in
091444 -    favor of avoiding the appearance of error.
091445 -
091446 -        [On 911121 discussed with Morris. ref SDS 4 5920]
091447 -
091448 -        [On 91130 met with Justice Stan Mosk to review issue. ref SDS 6
091449 -        5006]
091450 -
091451 -        [On 911212 discussed with Dave Bounchristiani. ref SDS 7 8492]
091452 - ..
091453 - I guess this is okay, except one purpose of SDS is to improve
091454 - the ability to remember.  If something is deleted, there is reduced
091455 - chance of remembering it.  This then defeats the purpose of generating
091456 - an idea because it diminishes the opportunity for a deleted idea to
091457 - evolve through interplay with other parts of the record.
091458 -
091459 -
091460 -         ..
091461 -        Improving Intelligence
091462 -
091463 -        People do not realize that in SDS we can return again and again
091464 -        to shape and "nuture" an idea to improve its value.  This
091465 -        capability is a form of improving our intellegence, something
091466 -        most people believe cannot be done.
091467 -
091468 -          [On 971021 developed idea to deliver business intelligence on
091469 -          the Internet. ref SDS 8 3636]
091470 -
091471 - It seems doubtful DNRC will be able to utilize the record issued in
091472 - printed form, since their records management is poor, decisions are
091473 - predicated mainly on personal recall, ref SDS 1 3333, precisely the
091474 - conditions SDS is intended to overcome.
091475 -    ..
091476 -    I suggested Sarah go on-line with SDS so the records can
091477 -    simply be produced under her data base and they can be full and
091478 -    complete analyses available to her at the touch of a key.  This
091479 -    would eliminate the concern about "discovering" internal
091480 -    disagreements.
091481 -
091482 -
091483 - DNRC's concern about presenting a correct image is defeating the only
091484 - practice that can make the image a reality.  Thus, we are elevating
091485 - form over substance, being less concerned about what is than with how
091486 - it appears.
091487 -
091488 -    Actually, we may be able to slay this dragon by creating an SDS
091489 -    environment for Sarah or maybe Wayne where the records are either
091490 -    all "legal advice" or could simply be destroyed if that is what
091491 -    they really want.
091492 -    ..
091493 -    Then comes the problem of how to do the billings?
091494 -
091495 -    Actually another way to do it is to create a new account so any-
091496 -    thing DNRC wishes not to disclose, is assigned to a shadow account.
091497 -
091498 -
0915 -