|Submitted||Dec. 20, 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.
Dear Mr. Smathers:
This letter is to acknowledge receipt of your Freedom of Information Act
request dated December 20, 2010 and received by our office on January 3, 2011
for records on the 5 oldest FOIA and Privacy Act requests within our office.
Your request has been assigned case #J-11-0024.
As our office runs one FOIA queue for 3 independent components (National
Guard Bureau, Air National Guard, and Army National Guard), we will be
providing record of the 5 oldest FOIA requests that were in our queue at the
time your request was received. If you would prefer to have the 5 oldest
requests in the queue at the time we begin to search for records on your
request (anticipated to be within 60 days), please inform us of this as our
queue changes on a daily basis.
Your request is currently at position #61 in our queue for processing. As a
preliminary estimate only, we anticipate completion of your request by April
30, 2011; however, will make every effort to provide the responsive records
as soon as possible. All communications concerning this request should be
identified with the above reference number and addressed to the address shown
If you have questions regarding your request, please contact me at (703)
607-3195 or by e-mail, FOIA@ng.army.mil.
Chief, Office of Information and Privacy
NGB FOIA/Privacy Officer
Fax (703) 607-3684
Office of Chief Counsel (NGB/JA-OIP)
1411 Jefferson Davis Highway, Ste 11300
Arlington VA 22202-3231
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
Good afternoon Mr. Smathers,
The request was closed on June 2nd with a release of 153 pages.
Unfortunately our entire complex is in the middle of moving and I understand
there are some mailing delays due to the changeover of mailing facilities,
etc. but they should arrive shortly.
Jennifer Nikolaisen, GS-14, CIPP/G
Chief, Office of Information and Privacy =
NGB FOIA/Privacy Officer
(703) 607-3195, DSN 327-3195