Article 7 Violations Related to Videoing and Photography Complaints and First Amendment Auditing.
| Submitted | March 3, 2023 |
| Est. Completion | None |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Regarding complaints of violations of Article 7, which pertains to videoing and photography, in relation to postal facilities and local postal inspectors. Specifically, I am interested in complaints related to First Amendment auditing.
First Amendment auditing refers to the practice of individuals recording and photographing government officials or buildings in public spaces, as a means of asserting their First Amendment rights to free speech and the press. This practice has become increasingly common in recent years, including at postal facilities.
I am requesting any records or documentation related to complaints or investigations of violations of Article 7, in relation to videoing and photography, at postal facilities or involving postal inspectors and or postal employee staff . This includes complaints related to First Amendment auditing.
Please provide any letters, memoranda, reports, emails, or other records related to these complaints or investigations, including any records of disciplinary action taken against postal employees or inspectors.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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,
Jordan
From: United States Postal Service, Office of Inspector General
This responds to your Freedom of Information Act (FOIA) request to the U.S. Postal Service Office of Inspector General (OIG) for records related to complaints of violations of Article 7, which pertains to videoing and photography, in relation to postal facilities and local postal inspectors.
FOIA is about records we have in our possession. The OIG does not maintain the records you are seeking; therefore, we cannot assist you with this matter.
The FOIA provides only for disclosing federal agency records and does not require government agencies to answer questions, conduct unreasonably burdensome research, or create records. The FOIA sheds light on an agency’s performance of its statutory duties. The FOIA provides that any person has a right, enforceable in court, to obtain access to federal agency records, unless such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions.
The U.S. Postal Service comprises the Postal Service, the U.S. Postal Inspection Service (USPIS); the Postal Rate Commission (PRC); and the OIG; each with its own area of responsibility and individual FOIA office.
The Postal Service Records Office establishes procedures to ensure Postal Service records management practices comply with both the FOIA and Privacy Act. The Records Office, along with the St Louis Requester Service Center, is the designated custodian for non-law enforcement Postal Service records; including but not limited to contracting and personnel records. Additional information regarding the Postal Service FOIA program can be found at https://about.usps.com/who-we-are/foia/welcome.htm.
The USPIS is the designated custodian for postal records relating to Postal Service law enforcement issues. The USPIS is a federal law enforcement entity charged with enforcing the Federal statutes involving mail fraud, illegal drugs, external mail theft, and other postal crimes, including revenue deficiencies, and are responsible for safety and security of all postal employees and facilities. Additional information regarding the USPIS FOIA program can be found at Terms of Service and Legal | USPIS<https://www.uspis.gov/terms-of-service#freedom-of-information-act>.
The OIG is an independent agency, created in 1997, with oversight authority over audits and investigations of Postal and Inspection Service fraud, abuse, and misconduct. The OIG’s mission is to prevent, detect, and report fraud, theft, and misconduct, and promote efficiency in the operation of the Postal Service. Prior to this time, Postal Service audits and investigations were conducted by the USPIS.
While the OIG has “oversight authority” for activities of the above referenced entities, the OIG is a separate agency and does not have management authority over the daily operations of either the Postal Service or USPIS. In addition, the OIG FOIA office does not have access to records maintained by the Postal Service or UPSIS and cannot direct either FOIA office to release records under their control. Likewise, the OIG Deputy General Counsel has no authority to review FOIA determinations issued by the Postal Service or USPIS.
Because you are seeking records potentially maintained by the Postal Service, you may wish to direct a copy of your request to the Postal Service, if you have not already done so, as it would be the more likely repository for such records, if any exist. Written requests for the Postal Service are accepted online at https://pfoiapal.usps.com/, fax at (202) 268-5353, or U.S. Mail at:
Manager Records Office
U.S. Postal Service
475 L'Enfant Plaza SW, Room 1P830
Washington, DC 20260-1101
If you have questions regarding the processing of this request, please submit them in writing to foia@uspsoig.gov<mailto:foia@uspsoig.gov>. We will provide you an answer within two working days. You may also contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov<mailto:ogis@nara.gov>; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
As this completes our work on your request, we are closing your file here.
Sincerely,
USPS OIG FOIA Team
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