CONTACTS 

SUBJECTS
Welch Assignment, Tudor
Management, Meeting with Clyde & Jeff
Meeting Notes, confirm understandings
Security & Privacy - Discovery
User Interface, Menus, Mouse, Speech
Line Numbers Look Complex, Shocking to see
Accuracy of SDS Notes - Content
Case Study Broadwater
Accuracy Improved Audit Trail Original Sources
Alignment Context Added by Com Manager to Conventional Management
Align Avoid Rework Mistakes Subjects Discover all Factors

1813 -
1813 -    ..
1814 - Summary/Objective
1815 -
181501 - Follow up ref SDS 8 0000, ref SDS 6 0000.
181502 -
181503 - Clyde indicated he and Tudor are pleased with my work  but feel some
181504 - "fine tuning" is needed.
181506 -  ..
181507 - Clyde is troubled by Welch having direct contact with the State
181508 - because of limited time with Tudor.  This may relate to Bill Cahill's
181509 - comment to Clyde following the telecon between Bill and Sarah on
181510 - 880926. ref SDS 6 0836 and ref SDS 6 0603
181512 -  ..
181513 - We reviewed the need for direct contact in order to provide the
181514 - support required by the Welch contract.
181516 -  ..
181517 - Clyde agreed that was the original objective of the assigment.
181519 -  ..
181520 - On 880907 it was necessary to explain the Welch management system
181521 - using SDS to Wayne Wetzel, ref SDS 3 6927, so that we gain support and
181522 - confidence of DNRC in using the project record to manage the work, as
181523 - we planned on 880815. ref SDS 1 0770
181525 -  ..
181526 - Wayne and Norm have direct knowledge about events which impact dispute
181527 - resolution and daily management.  They attend the meetings and so can
181528 - provide cooboration of understandings developed in the record that
181529 - provides protection for DNRC and Tudor, as Clyde and I discussed on
181530 - 880815. ref SDS 1 0630
181532 -  ..
181533 - Protecting interests of Tudor and DNRC requires discovering what
181534 - people believe they know about matters in dispute and in potential
181535 - dispute.  We need to discover both conflicts and alignment between
181536 - potential witnesses and the record, so that conduct can be adjusted to
181537 - align with objectives, requirements and commitments, and the record
181538 - shows sufficient context so that people can see now, and judges will
181539 - see later, good faith performance that avoids liability and mitigates
181540 - damages for failure to perform.
181542 -  ..
181543 - Clyde said other consultants don't work this way.  They write up the
181544 - record in the most favorble light and argue that their client is right
181545 - no matter what.  They are not involved in "adjusting conduct" because
181546 - the Engineer needs flexibility to get things done.  The consultant is
181547 - supposed to help the Engineer avoid accountability for mistakes so the
181548 - work can be expedited to reduce cost.  Clyde indicated that Tudor
181549 - wants a more favorable record without worrying about accuracy to
181550 - manage effectively.  They want to protect the Engineer.
181551 -
181552 -     [On 890324 Clyde explained how flexibility for problem handling
181553 -     helps the Engineer expedite to get things done. ref SDS 9 LZ5F
181555 -      ..
181556 -     [On 911123 Morris noted that other people don't work like SDS is
181557 -     used. ref SDS 10 LZ6M
181559 -  ..
181560 - We recalled our meeting on 880815 when Clyde asked Welch to come up to
181561 - Montana, because research found that Welch is effective. ref SDS 1
181562 - 0770
181563 -
181564 -     [On 011211 Morris worried SDS biased toward advocacy. ref SDS 20
181565 -     Y14K
181567 -  ..
181568 - Clyde requested that contact with DNRC be limited to asking about
181569 - specific disputes.
181570 -
181571 -     [On 890324 Welch terminated. ref SDS 9 2940]
181572 -
181573 -     [On 920110 DNRC concerned about SDS record. ref SDS 12 9482]
181575 -      ..
181576 -     [On 920210 managers "hate" accountability. ref SDS 14 1194]
181577 -
181578 -
181579 -
181581 -  ..
1816 -
1817 -
1818 - SDS format
1819 -
181901 - Line Numbering System
181902 -
181903 - Clyde asked if the line numbers and the reference sections can be
181904 - suppressed.  He feels this would make the report less imposing to the
181905 - contractor.
181906 -
181907 - I explained that line serve a critical function of citing the record
181908 - precisely, so there is no ambiguity in the record.  Ambiguity is a
181909 - chief cause of failed projects.  Line numbers make writing much more
181910 - efficient, and thereby less expensive and more useful.
181911 -
181913 -  ..
181914 - References
181915 -
181916 - Clyde feels if references are not specifically mentioned at meetings,
181917 - then they should not be cited in the record.
181918 -
181919 -      [On 890324 Clyde expanded criticism. ref SDS 9 6894]
181921 -  ..
181922 - I disagreed on the grounds that linking comments in meetings with
181923 - prior meetings and documents shows alignment or conflict that is
181924 - critical to accomplishing the purpose of the contract, commonly called
181925 - "traceability to original sources." This helps ensure equitable
181926 - dispute resolution in the event the contractor fails to perform.
181928 -  ..
181929 - References in the record enable everyone to readily grasp the weight
181930 - of the record and the direction of conduct relative to requirements.
181932 -  ..
181933 - There is no other way to achieve this objective of SDS, which was
181934 - discussed with Clyce on 880815. ref SDS 1 0770
181935 -
181936 -
181938 -  ..
181939 - Meeting Notes Content and Procedures
181940 -
181941 - Clyde said he agrees with Bill Merriman's opinion (actually it
181942 - was written by David Marsh) with respect to the content of the Meeting
181943 - Notes, as related at the Progress Meeting on 880907, ref SDS 2 5504,
181944 - (discussed in memo at ref DIP 3 7388 submitted to Sarah Bond, Clyde,
181945 - Jeff and Norm to prepare for meeting today). Dave's comment is
181946 - repeated from the Meeting Notes for September 7, 1988, ref SDS 2 5504.
181948 -  ..
181949 -
181950 -     Example of management response to request that business meetings
181951 -     be tape recorded is on 880907, ref SDS 2 3402; analysis of
181952 -     cost/benefits of tape recording is at ref SDS 5 7742,
181953 -
181954 - I explained discussion with Jeff on this point ref SDS 4 4920, with
181955 - Wayne Wetzel, PM for DNRC, ref SDS 3 6006, and with Sarah Bond,
181956 - counsel for DNRC, who compared the SDS notes with Sletten's tape
181957 - recording, and found the notes to be accurate.  I encouraged Clyde to
181958 - consider the procedures and grounds set out in the memo submitted to
181959 - Jeff and to DNRC, subject:  "Meeting Notes Procedures" ref DIP 3 0001
181961 -  ..
181962 - Clyde feels the Engineer's understandings should be presented in
181963 - separate letters, per Jeff Ghilardi's position.
181965 -  ..
181966 - I advised this would be more expensive, take more time and be less
181967 - efficient for recipients, as set out in ref DIP 3 9477.
181969 -  ..
181970 - I also advised that I undertook the assignment to evaluate the
181971 - application of SDS.  To avoid its use would undermine my objectives.
181972 -
181973 -
181974 -
181975 -
1820 -

SUBJECTS
Discovery Law Suit Resist Using SDS
Accountability Avoided, Turn Out the Lights
Wriggle Room Flexibility Diability Avoid Responsibility
Water under the Bridge, Information Not Connected into Knowledge
Anger, Frustruations from Erroneous Meeting Notes
Feedback Not Important People Don't Care About Accuracy Past Meetings
Feedback on Past Meetings Calls Documents Delay Action to Look up Not
Frustrated Feedback on Past Meetings Calls Documents Delay Action to

4310 -
431101 -  ..
431102 - SDS Record Can be Revealed through Discovery
431103 -
431104 - Clyde is concerned from a policy standpoint that the SDS record is
431105 - subject to discovery.  He feels that since it contains analysis of
431106 - exposure that Tudor and the State may have, it could undercut the
431107 - their position in the event of future legal proceedings.
431109 -  ..
431110 - This is an important point.
431112 -  ..
431113 - On the one hand, it is important to think out decisions, as disclosed
431114 - in SDS (this is mentioned in the "Meeting Notes Procedures" analysis,
431115 - attached to the agenda prepared for Sarah Bond, ref 5 and 6).  Thus a
431116 - dilemma arises between the need to actually evaluate decisions, and
431117 - the desire to avoid disclosure of the evaluation process.
431119 -  ..
431120 - We reviewed the letter, ref DIP 1 0001, to the Project Engineer, Jeff
431121 - Ghilardi, on 880925. ref SDS 5 2475
431123 -  ..
431124 - Clyde advised of having discussed ref DIP 1 0001 with Tudor's
431125 - president, and with other senior people at Tudor.  They feel the
431126 - objective of SDS to ensure accurate understandings so that the work
431127 - aligns with contract requirements, is good procedure.  Clyde noted
431128 - that is what he requested during the meeting on 880815 to hire Welch.
431129 - ref SDS 1 0630
431131 -  ..
431132 - Tudor wants the work to conform with contract requirements.  Clyde
431133 - related, however, that SDS seems risky to Tudor and to other people he
431134 - has consulted about this matter.
431136 -  ..
431137 - Clyde noted the strength of SDS is showing that daily work aligns with
431138 - the contract, and giving notice when daily communication does not
431139 - align with requirements and commitments, so that adjustments can be
431140 - made in time to avoid mistakes that otherwise cause delay and extra
431141 - cost.  He said this is the essence of good management; but, noted that
431142 - nobody has experience using the level of rigor accomplished by the SDS
431143 - method of tying everything together.
431144 -
431145 -     [On 890324 Clyde confirmed this assessment. ref SDS 9 6894
431147 -      ..
431148 -     [On 911123 SDS was cited as different from the way other people
431149 -     manage the work. ref SDS 10 4930
431151 -  ..
431152 - Clyde pointed out that feedback to refine accuracy that avoids errors
431153 - sounds good on paper, but when people get SDS records showing
431154 - alignment going back days, weeks, months and years, it causes
431155 - frustration.  People get mad having to pause what they are doing and
431156 - spend time checking their old notes.  Most of the time people cannot
431157 - find anything, and can't read nor make sense of what they do find,
431158 - because people jot things down in a hurry, with the result that their
431159 - records are incomplete and illegible, in addition to misplaced.  This
431160 - causes anger and worry about what has been forgotten.  Clyde said
431161 - people tend to react by claiming the SDS record is inaccurate as a
431162 - defense against not having enough time to check everything, so this
431163 - creates a lot of pressure to conform with the SDS record.  He feels
431164 - this is good for managing the contractor, but it is not good for the
431165 - helping the Engineer.  It's a dilemma!
431166 -
431167 -    [On 920128 Wayne Wetzel makes similar point. ref SDS 13 3862
431169 -     ..
431170 -    [On 950822 letting information flow like water under the bridge
431171 -    makes a bumpy ride down the river. ref SDS 16 9433
431173 -     ..
431174 -    [On 961017 people get mad about SDS records because everybody
431175 -    remembers things differently. ref SDS 17 5832  Feedback creates
431176 -    conformed record for common understanding that enables
431177 -    complementary action to aid productivity. ref SDS 17 144F
431178 -
431179 -
431181 -  ..
431182 - Water Under the Bridge Forgotten to Plan for the Future
431183 - Nit Picking the Past Harms Engineer, But Alignment Helps Contractor
431184 - Communication History Water Under the Bridge - Avoid Accountability
431185 -
431186 - Clyde said the benefit of SDS to align the work is offset the need for
431187 - flexibility.  Clyde explained the Engineer wants to assess the work in
431188 - place, and render an opinion on alignment with requirements.  History
431189 - is "water under the bridge," because the Engineer has to focus on the
431190 - problems at hand to plan for the future.  Engineers don't want to be
431191 - accountable for prior actions.  Clyde feels benefits of SDS to align
431192 - daily communication and actions with requirements, per above,
431193 - ref SDS 0 6294, also, causes a risk that may be detrimental, if the
431194 - Engineer said the wrong thing, and this caused erroneous work, delay
431195 - and extra expense.
431196 -
431197 -     [On 890324 Clyde confirmed engineer wants to avoid accountability
431198 -     for communication that does not align with requirements.
431199 -     ref SDS 9 2940 and ref SDS 9 4484
431201 -      ..
431202 -     [On 950822 Morris Jones technology executive explains past is
431203 -     water under the bridge; people want to forget past mistakes in
431204 -     meetings, calls, and documents so they can focus on "protecting"
431205 -     the future. ref SDS 16 9433
431207 -  ..
431208 - Clyde said Tudor and the State are pleased that the contractor has
431209 - improved progress as a result of SDS capturing an accurate record and
431210 - helping the contractor recognize alignment between communication, and
431211 - contract requirements so that mistakes in performing daily work are
431212 - avoided that delay progress and increase costs.  Clyde the SDS record
431213 - has changed the contractor's attitude so that business meetings are
431214 - now productive, rather than endless arguments about who said what in
431215 - prior meetings, calls and documents.  Clyde explained the Engineer
431216 - wants to achieve better productivity by the contractor without the
431217 - worry of people nit picking the Engineer's daily communications.  He
431218 - indicated that the Engineer wants flexibility to hold the contractor
431219 - accountable for compling with instructions from the engineer, but the
431220 - record should not interfere with engineers good faith efforts to
431221 - expedite the work.
431222 -
431223 -      [On 950517 letter from technology consultant explained how
431224 -      executives like flexibility to be creative rather than nit
431225 -      picking the past. ref SDS 15 8599
431227 -       ..
431228 -      [On 991021 executives destroying the record to avoid
431229 -      accountability. ref SDS 18 5304
431231 -  ..
431232 - We did not review the prospect that the Engineer is asking to be
431233 - excused from using good management, essentially asking that SDS be
431234 - used get the contractor to do whatever pops into the Engineer's mind
431235 - from moment-to-moment.  This is sort of the darker side of privacy and
431236 - confidentiality.  The Engineer wants to preserve confidentiality in
431237 - order to avoid accountability from discovery that decisions were not
431238 - aligned with the record.
431240 -  ..
431241 - We decided to obtain an opinion on how to manage the discovery issue.
431242 -
431243 -    [On 890324 Tudor determined SDS was overkill. ref SDS 9 6399
431244 -
431245 -    [On 911123 feel good management theory described as doing what
431246 -    feels good at the moment, then making adjustments later.
431247 -    ref SDS 10 1331
431249 -     ..
431250 -    [On 911130 discussed with Stan Mosk, member California Supreme
431251 -    Court, ref SDS 11 5006.]
431253 -     ..
431254 -    [On 950822 letting information flow like water under the bridge
431255 -    makes a bumpy ride down the river. ref SDS 16 9433
431257 -     ..
431258 -    [On 991021 destroying the record "Out, out damn spot! ref SDS 18
431259 -    5304]
431261 -     ..
431262 -    [On 010420 paper by industry expert says organizational memory is a
431263 -    market demand. ref SDS 19 IE4M
431264 -
431265 -
431266 -
431267 -
431268 -
431269 -
431270 -
431271 -
431272 -
431273 -
431274 -
431275 -
431276 -
4313 -
4314 -