5 oldest FOIA requests (USJFCOM)
| Submitted | Dec. 21, 2010 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
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 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.
Sincerely,
Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143
From: HQ, USJFCOM, OSJA
Sir,
Your FOIA request dated 21 Dec 10, copy attached, was received in this
office yesterday, 21 Dec. However, before processing your request we
need clarification on 2 points: (1) are requesting copies of
potentially responsive records to the 5 oldest FOIA requests; and (2)
are you asking for copies of records previously released to the
requesters that contain redactions. The question arises because you
included the following sentence in your request, in the second
paragraph: "However, any records previously released to the original
requesters in undredacted form may be excluded from this request."
Processing of your request will begin upon receipt of your response to
this email message.
We have at least 1 similar request but that request clearly excepts
out the records requested by the original FOIA requesters. The wording
of your request suggests that you also are excepting out these records
but clarification is necessary.
Your request was assigned case number 13-11. This message was sent by
email to the address indicated in your original request.
v/r
Paul N. Brandau
LTC, JA
HQ, USJFCOM, OSJA
1562 Mitscher Ave., Suite 200
Norfolk, VA 23551-2488
757-836-6415
DSN 836-6415
Fax: x0058
From: Jason Smathers
You may exempt all records responsive to the 5 oldest requests. Please provide all administrative records concerning the processing of these requests and the initial request letters for the five oldest FOIA requests in your office.
From: HQ, USJFCOM, OSJA
Sir,
I am processing your request for records relating to the 5 oldest open
FOIA requests being processed by U.S. Joint Forces Command (USJFCOM).
However, I would much appreciate an opportunity to speak with you
regarding these files to determine if we can better scope your request
because of the complexity of the files. Please let me know a convenient
time for me to call you next Monday, 3 January 2011; if you would prefer
to call me, I am in the office from about 7:30 a.m. until 5:00 p.m.
(EST) on weekdays and can arrange to stay a bit later if necessary.
Based on our discussion I would expect that I may need to request an
extension of time to complete the processing. Again, my purpose is to
be responsive to your request in a meaningful and timely manner.
Following is a brief explanation of issues I am experiencing with this
request.
(1) One of the files is the USA Today request for records
relating to the USJFCOM's senior mentor program. This particular
request was tasked to the entire Command, which consists of more than 30
organizations each of which could conceivably possess records of their
efforts to respond to the command-wide tasker to gather records
responsive to the USA Today FOIA request. Therefore, my concern is the
depth of records that you desire because a tasker to all subordinate
organizations to produce to this office all their records will be time
consuming.
(2) The oldest request is a fiscal year 2007. Many of the
potentially responsive records to your FOIA request contain
predecisional discussions with the subordinate organization that
possesses and controls the records, and discussions with other agencies
to whom potentially responsive records were forwarded for review and
release recommendations. My concern is that a tasker to the subordinate
to produce all records potentially responsive to your FOIA request will
be time consuming because that subordinate organization has personnel
located at multiple locations throughout the country.
(3) Two of the request are fiscal year 2009 requests and have
been consolidated by the requester. Many of the records potentially
responsive to your FOIA request contain predecisional discussions with
the same subordinate organization as the fiscal year 2007 file, and the
coordination concern is the same.
(4) The remaining file is a fiscal year 2008 file which is out
for coordination with other agencies, but many of the records
potentially responsive to your FOIA request, like the other files,
contain predecisional discussions. The depth of the records you desire
will dictate the search tasker that I need to prepare for the
subordinate organization that possesses such records.
v/r,
Paul
Paul N. Brandau
LTC, JA
HQ, USJFCOM, OSJA
1562 Mitscher Ave., Suite 200
Norfolk, VA 23551-2488
757-836-6415
DSN 836-6415
Fax: x0058
From: Jason Smathers
You can call me any time today or tomorrow (12/30 or 12/31) at [redacted], however, I will be in all day classes for the entire week of 1/3.
I am happy to discuss via email. What do you suggest we do about the problems you mentioned?
From: HQ, USJFCOM, OSJA
From: HQ, USJFCOM, OSJA
From: HQ, USJFCOM, OSJA
From: HQ, USJFCOM, OSJA
Files
pages