Presidio Trust 2 Savage

May 15, 2020

Jimmy Tobias
MuckRock News
DEPT MR 91857
411A Highland Ave
Somerville, MA 02144-2516
jimmytobias@protonmail.com<mailto:jimmytobias@protonmail.com>

Re: Freedom of Information Act (“FOIA”) Request – FY 20-12

Dear Mr. Tobias:

I am writing to acknowledge that the Presidio Trust (“Trust”) received your request for records under the California Public Records Act. As a United States executive agency, the Trust is not subject to the California Public Records Act. Instead, public access to Executive Branch information in the federal government is governed by the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Unless you prefer otherwise, I will treat your request for information as a request under FOIA.

The Trust’s regulations regarding FOIA requests, located at 36 CFR § 1007, will give you a comprehensive understanding of the Trust’s obligations and requirements under the FOIA. You may also wish to review the Trust’s “FOIA Guide” located on our website at http://www.presidio.gov/FOIAGuide.

Your email, dated May 15, 2020, requested the following information:

Any emails, including email attachments, sent or received by Jean Fraser, the CEO of the Presidio Trust, that refer in any way to Michael Weiner, the right-wing radio host who goes by the stage name Michael Savage. This includes any emails that contain within them a reference to the last name “Savage” or the last name “Weiner”, or any communication directly between Ms. Fraser and Weiner himself.

The Trust anticipates producing the requested documents, to the extent they are not exempt from disclosure, on or before June 12, 2020 (20 business days after the Trust’s receipt of your request). The tracking number FY 20-12 has been assigned to this request. You may check on the status of your request, using the tracking number, by calling me 415.561.5300.

The undersigned is responsible for the determinations contained in this letter.

Sincerely,

/S/

Andrea M. Andersen
Andrea M. Andersen I The Presidio Trust
Acting FOIA Officer
103 Montgomery St, San Francisco, CA 94129
•: 415.561.5300 7: 415.561.5308 •: foia@presidiotrust.gov<mailto:foia@presidiotrust.gov>
www.presidio.gov<http://www.presidio.gov/>
Facebook<http://www.facebook.com/presidiosf> | Twitter<http://www.twitter.com/presidiosf>

May 27, 2020

Jimmy Tobias
MuckRock News
DEPT MR 91857
411A Highland Ave
Somerville, MA 02144-2516
jimmytobias@protonmail.com<mailto:jimmytobias@protonmail.com>

Re: Freedom of Information Act (“FOIA”) Request – FY 20-11

Dear Mr. Tobias:

I am writing to acknowledge that the Presidio Trust (“Trust”) received your request for records under the California Public Records Act. As a United States executive agency, the Trust is not subject to the California Public Records Act. Instead, public access to Executive Branch information in the federal government is governed by the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Unless you prefer otherwise, I will treat your request for information as a request under FOIA.

The Trust’s regulations regarding FOIA requests, located at 36 CFR § 1007, will give you a comprehensive understanding of the Trust’s obligations and requirements under the FOIA. You may also wish to review the Trust’s “FOIA Guide” located on our website at http://www.presidio.gov/FOIAGuide.

Your email, dated May 15, 2020, requested the following information:

Any emails, including email attachments, sent or received by Jean Fraser, the CEO of the Presidio Trust, that refer in any way to Todd Willens, the Interior Department officials. This includes any emails that contain within them a reference to the last name "Willens", or any communication directly between Ms. Fraser and Willens himself.

Since Board Member Willens has been on the Trust Board for over three years, the Trust projects that there will be several thousands of documents that are responsive to your request. While the Trust anticipates producing some of the requested documents, to the extent they are not exempt from disclosure, on or before June 12, 2020 (20 business days after the Trust’s receipt of your request), it is likely that the Trust will still be reviewing documents by that date. We will keep you posted on the status of your request and will provide you documents as soon as they are available. The tracking number FY 20-11 has been assigned to this request. You may check on the status of your request, using the tracking number, by calling me 415.561.5300.

The undersigned is responsible for the determinations contained in this letter.

/S/

Andrea M. Andersen

Acting FOIA Officer

June 12, 2020

Jimmy Tobias
MuckRock News
DEPT MR 91857
411A Highland Ave
Somerville, MA 02144-2516
jimmytobias@protonmail.com<mailto:jimmytobias@protonmail.com>

Re: Freedom of Information Act (“FOIA”) Request – FY 20-10

Dear Mr. Tobias:

On May 15, 2020, the Presidio Trust (“Trust”) acknowledged your records request under the FOIA. Your email, dated May 15, 2020, requested the following information:

Any emails, including email attachments, sent or received by Jean Fraser, the CEO of the Presidio Trust, that refer in any way to Michael Weiner, the right-wing radio host who goes by the stage name Michael Savage. This includes any emails that contain within them a reference to the last name “Savage” or the last name “Weiner”, or any communication directly between Ms. Fraser and Weiner himself.

It is the policy of the Trust to make its records available to the public to the greatest extent possible consistent with the purposes of the Presidio Trust Act and the FOIA. Unfortunately, they are too many responsive documents to attach them to an email. As a result, unless you have a SharePoint or other exchange site where the documents can be posted, the documents responsive to your request will be mailed to the above address.

Please note that portions of the documents have been redacted. In particular, personal email addresses and phone numbers have been redacted. The Trust is withholding this information as exempt from FOIA’s statutory disclosure since a significant privacy interest is found to exist with respect to this information but there is no FOIA public interest in disclosure See Trust FOIA Regulations, 36 CFR § 1007.2(c)(6); Nat'l Ass'n of Retired Fed. Employees v. Horner, 879 F.2d 873, 879 (D.C. Cir. 1989); see also Maryland v. VA, 130 F. Supp. 3d 342, 353 (D.D.C. 2015) (protecting identifying portions of email addresses of individuals whose businesses were not selected for inclusion in veteran's small business database because public interest in such information was “practically nonexistent”); Seized Prop. Recovery, Corp. v. Customs and Border Protection, 502 F. Supp. 2d 50, 56 (D.D.C. 2007) (“If no public interest is found, then withholding the information is proper, even if the privacy interest is only modest.”) (FOIA Exemptions 6 and 7(C)). Further, other documents have been redacted based on FOIA Exemption 5, the deliberative process privilege. NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 151 (1975) (the general purpose is to “prevent injury to the quality of agency decisions”).

The Trust’s regulations regarding FOIA requests, located at 36 CFR § 1007, will give you a comprehensive understanding of the Trust’s obligations and requirements under the FOIA. You may also wish to review the Trust’s “FOIA Guide” located on our website at http://www.presidio.gov/FOIAGuide.

The FOIA provides you with the right to appeal to the Executive Director of the Trust these determinations of your FOIA request. 36 CFR § 1007.7(a)(2). Any such appeal should contain a brief statement of the reasons why you believe this response to have been in error, must otherwise comply with the provisions of 36 CFR § 1007.7, and must be received in the Trust’s offices within 20 working days of the date of this letter. The undersigned is responsible for the determinations contained in this letter.

The tracking number FY20-10 has been assigned to this request. Please contact me at 415.561.5300 with any questions regarding this letter.

Sincerely,

/S/

Andrea M. Andersen

Acting FOIA Officer

Jimmy,

Thanks for the phone call this morning. Based on our discussion, it’s my understanding that you have modified your request to the following:

Any emails, including email attachments, received by Jean Fraser from Todd Willens during the time period June 1, 2019 to June 15, 2020.

Please let me know if you have any edits to the above.
Thanks
Andrea

Jimmy,

Attached is the first of the three Zip files with the responsive documents. Please let me know if you have any difficulties with opening them.
Thanks
Andrea

Jimmy,

Here’s the second Zip file.
Thanks
Andrea

Jimmy,

Did you receive the emails below with the Zip files?
Thanks
Andrea

Jimmy,

Great! The last Zip File is too large for our system to send so I am seeing if we can break it into 2 files.
Thanks
Andrea

Jimmy,

This is the first of two emails for the final Zip file that has been divided into two parts.

Thanks
Andrea

Andrea M. Andersen I The Presidio Trust
Acting FOIA Officer
103 Montgomery St, San Francisco, CA 94129
•: 415.561.5300 7: 415.561.5308 •: foia@presidiotrust.gov<mailto:foia@presidiotrust.gov>
www.presidio.gov<http://www.presidio.gov/>
Facebook<http://www.facebook.com/presidiosf> | Twitter<http://www.twitter.com/presidiosf>

Jimmy,

This is the second of two emails for the final Zip file that has been divided into two parts. This is the final transmission of documents related to this request (FY20-12).

Thanks
Andrea

Andrea M. Andersen I The Presidio Trust
Acting FOIA Officer
103 Montgomery St, San Francisco, CA 94129
•: 415.561.5300 7: 415.561.5308 •: foia@presidiotrust.gov<mailto:foia@presidiotrust.gov>
www.presidio.gov<http://www.presidio.gov/>
Facebook<http://www.facebook.com/presidiosf> | Twitter<http://www.twitter.com/presidiosf>

Jimmy,

Please let me know if you had trouble receiving the final two emails and attached files. Also, did you send the attached email? If so, I am confused since the documents sent this morning are the final set of documents for this request and you previously indicated you had received the other two sets of documents.
Thanks
Andrea

June 18, 2020

Jimmy Tobias
MuckRock News
DEPT MR 91857
411A Highland Ave
Somerville, MA 02144-2516
jimmytobias@protonmail.com<mailto:jimmytobias@protonmail.com>

Re: Freedom of Information Act (“FOIA”) Request – FY 20-11

Dear Mr. Tobias:

On May 27, 2020, the Presidio Trust (“Trust”) acknowledged your records request under the FOIA. Your email, dated May 15, 2020, requested the following information:

Any emails, including email attachments, sent or received by Jean Fraser, the CEO of the Presidio Trust, that refer in any way to Todd Willens, the Interior Department officials. This includes any emails that contain within them a reference to the last name "Willens", or any communication directly between Ms. Fraser and Willens himself.

Due to the large volume of documents responsive to your request, on June 15, 2020 you agreed to amend your request to the following:

Any emails, including email attachments, received by Jean Fraser from Todd Willens during the time period June 1, 2019 to June 15, 2020.

It is the policy of the Trust to make its records available to the public to the greatest extent possible consistent with the purposes of the Presidio Trust Act and the FOIA. As a result, the documents responsive to your amended request are attached.

Please note that portions of the documents have been redacted. In particular, personal email addresses and phone numbers have been redacted. The Trust is withholding this information as exempt from FOIA’s statutory disclosure since a significant privacy interest is found to exist with respect to this information but there is no FOIA public interest in disclosure See Trust FOIA Regulations, 36 CFR § 1007.2(c)(6); Nat'l Ass'n of Retired Fed. Employees v. Horner, 879 F.2d 873, 879 (D.C. Cir. 1989); see also Maryland v. VA, 130 F. Supp. 3d 342, 353 (D.D.C. 2015) (protecting identifying portions of email addresses of individuals whose businesses were not selected for inclusion in veteran's small business database because public interest in such information was “practically nonexistent”); Seized Prop. Recovery, Corp. v. Customs and Border Protection, 502 F. Supp. 2d 50, 56 (D.D.C. 2007) (“If no public interest is found, then withholding the information is proper, even if the privacy interest is only modest.”) (FOIA Exemptions 6 and 7(C)).

The FOIA provides you with the right to appeal to the Executive Director of the Trust these determinations of your FOIA request. 36 CFR § 1007.7(a)(2). Any such appeal should contain a brief statement of the reasons why you believe this response to have been in error, must otherwise comply with the provisions of 36 CFR § 1007.7, and must be received in the Trust’s offices within 20 working days of the date of this letter. The undersigned is responsible for the determinations contained in this letter.

The tracking number FY20-11 has been assigned to this request. Please contact me at 415.561.5300 with any questions regarding this letter.

Sincerely,

/S/

Andrea M. Andersen

Acting FOIA Officer