|Submitted||Dec. 9, 2010|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by your 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. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.
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.
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.
185 Beacon Street #3
Somerville, MA 02143
Via e-mail to firstname.lastname@example.org
Dear Mr. Smathers,
Please be advised that your Freedom of Information Act (FOIA) request for information regarding the Defense Commissary Agency’s five oldest FOIA and privacy act requests that are still being processed has been received. Your request has been assigned Control Number 11-022 for reference purposes.
In keeping with the spirit of open government I have determined that disclosure of this information is in the public interest and is likely to contribute to the public’s understanding of the operations and activities of the Defense Commissary Agency is not primarily in the commercial interests of Muckrock. Therefore your request for a fee waiver is granted.
Your request will be processed as expeditiously as possible. However, please be aware that the final response time will be determined by such factors as the complexity of the request, the availability of resources, the coordination between offices to include consultation among DoD components, etc.
If you have any questions with regard to your request, please do not hesitate to contact me.
Camillo R. DeSantis
Freedom of Information Act Officer
Office of General Counsel
Defense Commissary Agency
804-734-8000 Ext. 4-8116