Chief FOIA officer exemption 5 guidance (Office of Special Counsel)

Shawn Musgrave filed this request with the Office of Special Counsel of the United States of America.
Tracking # 14-0907
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

Any guidance, memo, protocol, directive or other document (or segment of another document) written by or for the Chief FOIA/Privacy Officer that provides departmental application of FOIA exemption 5 from 1990 to the day this request is processed.

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,

Shawn Musgrave

From: Request, Foia

Please find my acknowledgement letter attached.

<<Muckrock ACKN 14-0907.PDF>>

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: Request, Foia

Mr. Musgrave:

OSC estimates making a response by October 3, 2014.

Please note, as indicated in the acknowledgement letter, that OSC has no record of receiving your request in October. Hence the receipt date is December 13, 2013.

Christopher Kurt
FOIA/Privacy Act Officer
U.S. Office of Special Counsel
Tel: (202) 254-3716
Fax: (202) 254-3711

NOTE:  The information contained in this e-mail message, including any attached files, is intended only for the recipient(s) to whom it is addressed.  This message contains information that is sensitive, confidential, and/or protected by the attorney work product, law enforcement, deliberative process, or other privilege.  Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient(s) is strictly prohibited.  If you have received this message in error, please contact the sender immediately and delete the material from your computer system.
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From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: Request, Foia

Mr. Musgrave,

The status of your request stands as per my January 31, 2014 response below.

Chris Kurt
-------------------------------

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: Kurt, Christopher

As stated earlier, the estimated date of response for this request is October 3, 2014.

Chris Kurt

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: Kurt, Christopher

Mr. Musgrave,

I regret that OSC is experiencing a large backlog. Thus, our new estimated date of response is 11/20/15.

Chris Kurt

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-0907.

Thank you for your help.

From: Kurt, Christopher

Mr. Musgrave,

OSC’s estimated date of response is still 11/20/15.
Chris Kurt

From: Kurt, Christopher

Mr. Musgrave,
Search activity for your request is underway. OSC’s new estimated date of response is June 10, 2016.

Chris Kurt

From: Beckett, Amy

Hello, Mr. Musgrave:

I am assisting the FOIA unit with its backlog and have been assigned your following request for processing.

Any guidance, memo, protocol, directive or other document (or segment of another document) written by or for the Chief FOIA/Privacy Officer that provides departmental application of FOIA exemption 5 from 1990 to the day this request is processed.

I have located responsive records, but IT tells me we currently lack resources to conduct a search of certain files retroactive to 1990. I am meeting with the head of IT tomorrow to discuss this issue. I would like to call you afterward to discuss the status of the search; our results to date; and whether we can possibly limit the scope of the request.

Are you available tomorrow after 11 a.m., or sometime next week?
Thanks,
Amy Beckett

Amy Beckett
Senior Litigation Counsel
Office of Special Counsel
1730 M St, N.W., Suite 218
Washington DC 20036-4505
Phone: 202-254-3600
Fax: 202-254-3699
Email: abeckett@osc.gov

From: Beckett, Amy

Dear Mr. Musgrave:

Please let me know when you are available to discuss your FOIA request, recopied below.
Thanks,
Amy Beckett
U.S. Office of Special Counsel

From: Shawn Musgrave

Hi Amy -

I apologize for my delay in responding. A call next week will work great. When works best?

Best,
Shawn

From: Beckett, Amy

Hi, Shawn:

Thanks for getting back to me. How about Monday morning at 10:30 eastern time?

My direct dial is 202-254-3657.

Amy Beckett

From: Shawn Musgrave

Hi Amy -

Great. Looking forward to speaking then.

Best,
Shawn

From: Beckett, Amy

Ready for our call!

From: Beckett, Amy

Hi, Shawn:

Good to speak with you this morning. This confirms our telephone discussion in which you confirmed that a narrow reading of your FOIA request is the accurate one, i.e, that you are only seeking “internal policy memos or guidance” to the Chief FOIA officer regarding interpretations of or guidance as to how to apply Exemption 5. You agreed that you are not looking for examples of every time OSC invoked Exemption 5.

I indicated that we have only uncovered a few record to date responsive to that narrower reading, including a memo from a legal intern and a set of reported decisions addressing Exemption 5, and that two of my colleagues were holding off searching their records pending our discussion. I also told you that OSC did not even have the position of “Chief FOIA Officer” until around 2007.

I also mentioned that IT will not be able to process a search of our archives until the return of personnel from leave next week. Even with the narrower scope, the search still has the potential of crashing, or at least slowing, our system, so IT advised I need to wait.

Sincerely,

Amy L. Beckett
U.S. Office of Special Counsel

From: Shawn Musgrave

Hi Amy -

Thanks for the update, and for speaking with me the other day. This information is helpful. How far back would be feasible to search without hazarding a crash? Would limiting the search to records since 2000 be more manageable?

Best,
Shawn

From: Beckett, Amy

Hi, Shawn:
Let me consult with IT and get back to you.
Amy

From:


From: Shawn Musgrave

Hi Amy,

Thanks so much for your help.

Sincerely,
Shawn Musgrave

From: Tarik Ndongo

December 8, 2016
Dear Mr. Musgrave,
Please see the attached response to your Freedom of Information Act request, regarding FO-14-0907.
FOIA Team
U.S. OFFICE OF SPECIAL COUNSEL
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
202-254-3600
NOTE: The information contained in this e-mail message, including any attached files, is intended only for the recipient(s) to whom it is addressed. This message contains information that is sensitive, confidential, and/or protected by the attorney work product, law enforcement, deliberative process, or other privilege. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient(s) is strictly prohibited. If you have received this message in error, please contact the sender immediately and delete the material from your computer system.

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