Communication and Coordination between Bureau of Land Management, California and the Office of the Solicitor, Pacific Southwest Region

                                                                        July 9, 2018
In Reply Refer To:
1212, 1800, 1875
(CA-910) P

EMS TRANSMISSION 07/09/2018
Instruction Memorandum No. CA-2018-013
Expires: 07/01/2021

To:                   All California Divisions, Districts and Field Offices

From:               State Director

Subject:           Communication and Coordination between Bureau of Land Management,
                         California and the Office of the Solicitor, Pacific Southwest Region

Program Area:  Public Land Resource Programs and Natural Resource Litigation.

Purpose:  This Instruction Memorandum (IM) outlines a process for efficient and effective communication and coordination between BLM California and the Regional Solicitor’s Office.

Policy/Action:  Timely and thoughtful communication is essential for successful coordination within BLM California and between the agency and the Regional Solicitor’s Office (R-SOL). Types of requests for solicitor assistance include but are not limited to the following:

• Interpretation of law, regulation and policy;
• Consideration of litigation risk for specific projects and actions;
• Requests for document review;
• Requests for informal and formal opinions.
   

The procedures below will help ensure that our coordination with our regional solicitors are efficient and effective:

• Before requesting R-SOL involvement, staff are encouraged to seek issue clarification and resolution at the Field), District or State Office [MML1] level before requesting R-SOL involvement;
• If it is determined that R-SOL review or involvement is needed, the initiating office must complete the attached LEGAL REQUEST FORM and forward the request through the appropriate Deputy State Director (DSD);
• Formal requests for assistance from the R-SOL must be sent to the Supervisory Attorney for BLM matters for issue assessment and work assignment.
• The responsible State Office staff must be kept informed and, whenever possible, involved in attorney/client discussions.  Formal (written) communications should be marked “Attorney/Client Privileged Communication” and copied to the responsible State Office staff.  All privileged communications should be kept in a separate, privileged folder. 

This policy is not intended to prevent or hinder early consultation with the R-SOL on legal issues.  The R-SOL and State Office believe that early collaboration helps avoid or minimize litigation risks.  Managers should not wait until they are about to make a decision before asking for R-SOL input; they should provide background information or a briefing paper as early as possible to the appropriate State Office program lead in the event that a State Director briefing is required.

It may be appropriate in ongoing case work or certain circumstances for field staff to work directly with the R-SOL, while sharing information as needed with the State Office.  There may also be cases in which legal issues unexpectedly arise that require immediate attention from the Regional Solicitor; in those instances, it may be appropriate to contact directly the Supervisory Attorney for BLM matters or the assigned solicitor and copy the communication to the appropriate State Office staff.

Timeframe:  This guidance is effective immediately.

Budget Impact:  None.

Background:  In order to make the best use of limited R-SOL time, and ensure all levels (FO, DO, SO) are appropriately involved, it is important to ensure thorough, thoughtful coordination internally and with the R-SOL before requesting R-SOL assistance.  Poor coordination can cause disorder, misunderstanding and lack of awareness internally and result in an unproductive use of limited R-SOL resources.  It is essential that communication protocols are adhered to so that information is shared timely and completely within BLM California and to ensure R-SOL requests are well-coordinated, appropriate and necessary.

Manual/Handbook Sections Affected:  None.

Coordination:  This policy was developed in coordination with the BLM California State Office and the Office of the Solicitor, Pacific Southwest Region.

Contact:  For general inquiries contact Sandra McGinnis, Resources Branch Chief, California State Office at 916.978.4427.

Signed by:                                                                                                
Jerome E. Perez                                                                                  
State Director                                                        

Authenticated by: 
Larry Weitzel
GIS/Applications Mgmt Branch, CA-946

Attachment 
   Legal Request Form (6/2018) (1 p)