Divestiture of Prohibited Holdings memos (FDA)
| Tracking # |
2013-7321 ; PSC/FOIA-14-0009-AA |
| Submitted | Sept. 10, 2013 |
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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:
a copy of each Divestiture of Prohibited Holdings memo issued in the last 60 days by Vince Tolino, Director of the Ethics and Integrity Staff, Office of Management, Food and Drug Administration.
IMPORTANT NOTE: You may consider the name of the person to whom the Divestiture Memo was directed (the recipient) to be outside the scope of this request and redact that name. I have no interest in the names of individuals who hold prohibited holdings.
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
From: FDA
From: Sarah Kotler
Dear Mr. Smathers,
FDA has received your FOIA request. I would like to speak with you regarding your request. Please call me at your earliest convenience at the telephone number below.
Thanks,
Sarah
Sarah Kotler
Denials and Appeals Officer
Food and Drug Administration
As of Jan. 24, 2011:
(301)796-8976 (direct)
(301)827-9267 (fax)
12420 Parklawn Drive, Room 1050, Rockville, MD 20857
Sarah.Kotler@fda.hhs.gov
From: Jason Smathers
It is often easier to discuss these requests via email. Would you please let me know how I can help with this request?
Thanks,
Jason
From: "Kotler, Sarah" <Sarah.Kotler@fda.hhs.gov>
Hi. I have discussed your request with the Ethics Integrity Staff. All of the letters that have gone out in the last 60 days (approximately 50) are identical, except for the addressee and other non-releasable personal information. The letter is a form letter. Would you be satisfied to receive one copy of the form letter, rather than 50+ redacted letters that say the same thing? We can try to get you a more precise count of the letters issued, if that helps you.
From: Jason Smathers
Please send all copies. Please know that I will be appealing the redaction of names.
Thanks!
From: Kotler, Sarah
As we have not heard from you since April, please resend your request. Thanks.
From: Jason Smathers
Hello,
This is a resubmission of FOIA 2012-2775, which was never completed. See below.
Thank you.
====================
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
a copy of each Divestiture of Prohibited Holdings memo issued in the last 60 days by Vince Tolino, Director of the Ethics and Integrity Staff, Office of Management, Food and Drug Administration.
IMPORTANT NOTE: You may consider the name of the person to whom the Divestiture Memo was directed (the recipient) to be outside the scope of this request and redact that name. I have no interest in the names of individuals who hold prohibited holdings.
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
From: Kotler, Sarah
Thanks.
From: Food and Drug Administration
An acknowledgement letter, stating the request is being processed.
From: Food and Drug Administration
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
From: Jason Smathers
I appeal on the grounds that it is untenable that there are no parts of these memos that are reasonably segregable and not subject to an exemption. I also appeal on all grounds which the appeals authority deems appropriate.
From: Voelker, Glenn (PSC/AOS)
Request Number: PSC/FOIA-14-0009-AA
Date Received: 10/18/2013
in Re:
Appealing the Food and Drug Administration's (FDA) full denial of records regarding FDA FOIA case 2013-7321 for copies of Divestiture of Prohibited Holding memos issued by Vince Tolino, Director of the Ethics and Integrity Staff, Office of Management, FDA.
This will acknowledge receipt of your Freedom of Information Act (FOIA) request/appeal received by this office on the date above. Your request/appeal has been assigned a case number based on its receipt in this office and is being processed as expeditiously as possible. The actual processing time will depend on the complexity of your request and whether sensitive records, voluminous records, extensive search, and/or consultation with other HHS components or other executive branch agencies are involved. There may be a charge for these records and, in some cases, the charges may be substantial.
The FOIA and the Department of Health and Human Services (HHS) FOI regulations allow agencies to recover part of the costs of processing FOIA requests. The FOIA and the HHS FOIA regulations are available at the following web addresses: http://www.usdoj.gov/oip/foiastat.htm and http://www.hhs.gov/foia/45cfr5.html.
From: Food and Drug Administration
A letter stating that the request appeal has been rejected.
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