2011-FPRO-00733 FOIA case file (USPS)

Jason Smathers filed this request with the United States Postal Service of the United States of America.
Tracking # 2011-FPRO-00855
Status
Completed

Communications

From: Jason Smathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All United States Postal Service records referencing the FOIA request assigned tracking number 2011-FPRO-00733 that contain remarks, comments, notes, explanations, etc. made by USPS personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request.

When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.
Furthermore, in line with the guidance issued by the Department of Justice (“DOJ”) on 9 September 2008 to all federal agencies with records subject to FOIA, agency records that are currently in the possession of a U.S. Government contractor for purposes of records management remain subject to FOIA. Please ensure that your search complies with this clarification on the effect of Section 9 of the OPEN Government Act of 2007 of the definition of a “record” for purposes of FOIA. In addition, the USPS should not interpret this request to exclude correspondence sent to outside third parties. Please also consider this letter an affirmative rejection of any limitation of your search to USPS-originated records or to records created prior to the date of this request. To the contrary, I stipulate that this search should be restricted to records created prior to the date of the first substantive review of this request by USPS FOIA personnel (as opposed to the date that receipt of the request was acknowledged by the USPS).
Therefore, in conclusion, the USPS is hereby instructed to interpret the scope of this request in the most liberal manner possible short of an interpretation that would lead to a conclusion that the request does not reasonably describe the records sought. If, even given these restrictions, the USPS still determines that this request does not reasonably describe the records sought, it is instructed to contact me pursuant to 32 C.F.R. § 1900.12(c) to discuss reformulation of the request before rejecting the request as overbroad, vague, or unduly burdensome.
If you deny all or part of this request, please cite the specific exemptions you believe justify your refusal to release the information or permit the review and notify us of your appeal procedures available under the law. In excising material, please “black out” rather than “white out” or “cut out.” In addition, I draw your attention to President Obama’s 21 January 2009 Memorandum for the Heads of Executive Departments and Agencies, directing federal agencies to adopt a presumption in favor of disclosure and stating that government information should not be kept confidential “merely because public official might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.”

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jason Smathers

From: USPS

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 8, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-FPRO-00855.

Thank you for your help.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 8, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-FPRO-00855.

Thank you for your help.

From: "Isreal, Pamela R - Washington, DC" <pamela.r.isreal@usps.gov>

Mr. Smathers,

Please give me a call regarding this request. I can be reached at the number below Monday - Thursday 7am to 5:30pm EST.

Pamela Isreal
United States Postal Service
Consumer Research Analyst
202 268-3025

From: Jason Smathers

Pamela Isreal,

Rather than discussing this on the phone, I'd like to keep our communication written. Please let me know the status of this request.

Thank you!

Regards,
Jason Smathers

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 8, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-FPRO-00855.

Thank you for your help.

From: United States Postal Service

From: Jason Smathers

This response was never received. Could it be mailed again?

From: "Isreal, Pamela R - Washington, DC" <pamela.r.isreal@usps.gov>

Good Morning,

I sent 2011-FPRO-00855 via email on 11/29. Would you like me to mail them as well?

Pamela Isreal
United States Postal Service
Consumer Research Analyst
202 268-3025

From: Jason Smathers

The letter indicated that there should be one responsive released page, correct? The letter came through but that page didn't.

From: "Isreal, Pamela R - Washington, DC" <pamela.r.isreal@usps.gov>

Please see the attached documents. Total of 21 pages.

Pamela Isreal
United States Postal Service
Consumer Research Analyst
202 268-3025

From: "Isreal, Pamela R - Washington, DC" <pamela.r.isreal@usps.gov>

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