Manspreading Emails (DC Metro)

Dear Mr. King:

This acknowledges your July 18, 2017, Public Access to Records Policy (PARP) request for all emails sent to, from, or within the Washington Metropolitan Area Transit Authority (WMATA) since Jan. 1, 2016, containing the keywords "manspread," "man spread," "man-spread," or "manspreading."

Please be advised that while your request references the District of Columbia Freedom of Information Act (D.C. FOIA), WMATA is not a District of Columbia agency, and, as such, is not subject to the D.C. FOIA. However, WMATA is processing your request pursuant to our Public Access to Records Policy (PARP), which is available online at https://www.wmata.com/about/records/public-records.cfm, under the section marked "Legal Affairs."

Furthermore, please be advised that preliminary search results for your request include listserv emails. Processing listserv emails will increase the volume, and accordingly, the processing time of your request. To increase our efficiency processing your request, we suggest excluding listserv emails. If you are amenable to narrowing your request to allow WMATA to exclude listserv emails, please respond accordingly within 10 days, by August 15, 2017.

Although we are not yet able to provide any responsive records, we can impart the following general information regarding your request:

Time Period for Processing Requests

WMATA generally aims to respond to a request for records within 20 business days following receipt of the request. However, additional processing time is required for requests that require coordination with multiple WMATA offices or third parties, review of audio/visual files, or voluminous records, or prove to be otherwise complex.

Exemptions

The PARP provides exemptions for certain types of data, including: (1) information that could compromise WMATA infrastructure or security; (2) information that is solely related to the internal personnel rules and practices; (3) information that is exempt by statute; (4) proprietary commercial or financial information; (5) internal deliberations on policy matters or attorney-client privileged communications; (6) information that, if released, would cause a clearly unwarranted invasion of personal privacy; (7) certain information compiled for law enforcement purposes; and (8) registered SmarTrip(r) information; and (9) customer financial information. Generally, WMATA's response will not include any exempt information.

Processing Fees

The PARP also provides for the assessment of fees associated with a request that requires more than two hours of staff time to process. These fees are calculated at the employees' basic rate of pay, plus an additional 50 percent to cover benefits, for the time spent responding to a request. In general, a request is considered an agreement to pay all applicable fees. Advance payment is required where the fees are likely to exceed $250.

Request for a Public Interest Fee Waiver

You have stated that the records being requested will be made available to the general public and will not be used commercially. However, if you are requesting a public interest fee waiver, you have not provided WMATA with sufficient information to make such a determination. If you would like to be considered for a public interest fee waiver, please submit the following additional information to allow us to evaluate that request.

1) Describe the purpose for your request of these records, and your intended use of them.

2) Describe how you intend to disseminate these records to the public, and how broad an audience you anticipate the disclosure will receive.

3) If your request is on behalf of an organization, describe that organization, including its expertise in matters associated with these records and how your organization is actively involved in disseminating information to the public.

4) Describe any commercial or profit interest that you or your organization has in these records, and how this commercial interest, if any, compares to the public interest described by your previous answers.

If we do not receive this additional information within 10 business days - by August 15, 2017, we will categorize you as a commercial requester for fee categorization purposes.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any substantive legal questions, please contact Benjamin Rashbaum at 202-962-1926 or BRashbaum@wmata.com<mailto:BRashbaum@wmata.com>. With respect to any administrative questions, please contact me at 202-962-2569 or RDNoh@wmata.com<mailto:RDNoh@wmata.com>.

Yours very respectfully,

Richard Noh
PARP/Privacy Paralegal
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-2569
F: 202-962-2550
E: rdnoh@wmata.com

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Dear Mr. King:

This is an update, and request for advance payment, to your July 18, 2017, Public Access to Records Policy (PARP) request for all emails sent to, from, or within the Washington Metropolitan Area Transit Authority (WMATA) since Jan. 1, 2016, containing the keywords "manspread," "man spread," "man-spread," or "manspreading."

Please be advised that while your request references the District of Columbia Freedom of Information Act (D.C. FOIA), WMATA is not a District of Columbia agency, and, as such, is not subject to the D.C. FOIA. However, WMATA is processing your request pursuant to our Public Access to Records Policy (PARP), which is available online at https://www.wmata.com/about/records/public-records.cfm, under the section marked "Legal Affairs."

On August 1, 2017, we emailed you suggesting that you narrow your request to exclude listserv emails. As we did not receive a response, we are processing your request WITH listserv emails included.

Our August 1, 2017, email also explained that the PARP provides for the assessment of fees associated with a request that requires more than two hours of staff time to process, and requires advance payment if the fees are likely to exceed $250, which is the case here. We estimate that processing your PARP request will cost a minimum of $280.00. This represents 7 hours of staff time (the first two hours of which are free of charge) to retrieve, review, and process the records responsive to your request. These fees are calculated at the employees' basic rate of pay, plus an additional 50 percent to cover benefits, for the time spent responding to a request.

Please submit a certified check or money order in the amount of $280.00 made payable to the Washington Metropolitan Area Transit Authority. Please ensure the check is sent to the attention of Richard Noh, PARP/Privacy Policy Paralegal, and references PARP Request #17-0171. Please submit your payment within 30 business days - i.e., no later than November 16, 2017. Please send the check to:

WMATA

Office of General Counsel

600 Fifth Street, NW

Washington, DC 20001

ATTN: Richard Noh, PARP/Privacy Paralegal.

The records responsive to your PARP request will be provided as soon as possible following receipt of your advance payment. We will reimburse you for any excess payment, or notify you of the need for any additional payment, if the actual cost of processing your request is either less or more than our fee estimate. However, please be advised that, if we do not receive your $280.00 advance payment by November 16, 2017, your request will be closed without the release of any records.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any substantive legal questions, please contact Benjamin Rashbaum at 202-962-1926 or BRashbaum@wmata.com<mailto:BRashbaum@wmata.com>. With respect to any administrative questions, please contact me at 202-962-2569 or RDNoh@wmata.com<mailto:RDNoh@wmata.com>.

Yours very respectfully,

Richard Noh
PARP/Privacy Paralegal
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-2569
F: 202-962-2550
E: rdnoh@wmata.com

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

Dear Mr. King,

As we did not receive a response by the deadline below, your request has been closed.

Thank you,
Benjamin Rashbaum

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.