DoD Ethics Waivers

Michael Morisy filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 13-F-0813
Est. Completion None
Status
Fix Required

Communications

From: Michael Morisy

To Whom It May Concern:

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

Copy of each Ethics Waiver provided at DoD in calendar year 2011 and 2012.

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,

Michael Morisy

From: Gaylord, Brandon CIV WHS-ESD

Mr. Morisy,

This is an interim response to your Freedom of Information Act (FOIA) request dated May 12, 2013, which was received in this office on May 13, 2013. Your request has been assigned case number 13-F-0813 and we ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA’s 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1,145 open requests.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when “disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public’s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criterion of a public interest fee waiver as described in the previous paragraph.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this electronic mail, should cite case number 13-F-0813, and should be clearly marked "Freedom of Information Act Appeal."

Thank you,
Brandon Gaylord, FOIA Specialist
For Suzanne Council, Senior Advisor on behalf of Paul J. Jacobsmeyer, Chief

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 May 12, 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 #13-F-0813.

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 May 12, 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 #13-F-0813.

Thank you for your help.

From: Gaylord, Brandon J CIV WHS ESD (US)

Mr. Morisy,

The information you requested is regularly posted online by the Office of Government Ethics (OGE). This action closes your request in this office. Please feel free to contact me with any questions regarding this action.

http://www.oge.gov/Open-Government/Executive-Branch-Agency-Ethics-Pledge-Waivers/

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