DOL FOIA Protocols

Andrew Free filed this request with the Department of Labor, Wage and Hour Division of the United States of America.
Tracking #

2023-A-00146

2022-F-13967

2023-A-00146

2022-F-13967

Est. Completion None
Status
Awaiting Appeal

Communications

From: Andrew Free

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

On behalf of the #DetentionKills Transparency Initiative of Al Otro Lado, I hereby request copies of any agency records showing the policies and procedures DOL FOIA Officers require WHD personnel to follow in responding to FOIA requests. This should include training materials, PowerPoint presentations, tasking forms or templates for electronic tasking, and quality control resources. Any step-by-step instructions for what to do upon receiving a FOIA request will similarly be responsive to this request.

Please task a search that only includes records policies and procedures that are currently in force.

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,

Andrew Free

From: Andrew Free

Hi there!

We sent this request in April but haven’t received an acknowledgment.

Any assistance you can provide would be greatly appreciated.

Thank you.

From: Department of Labor, Wage and Hour Division

Dear Andrew Free,

Your request has been received by the DOL FOIA. The request has been assigned the tracking # 2022-F-13967, please log into your account and review your submission.

The application address is https://efoia.dol.gov.

Thank you,
DOL FOIA

From: Department of Labor, Wage and Hour Division

"September 19, 2022

Andrew Free
MuckRock News DEPT MR 127423
263 Huntington Avenue
Boston, MA 02115

Andrew:

This acknowledges receipt of your FOIA request for copies of policies and procedures required by FOIA officers for WHD personnel. It has been assigned to our Wage and Hour Division (Wage and Hour) with tracking number 2022-F-13967. If you need to contact the agency about it for any reason, please submit your inquiry through WHD-FOIA@dol.gov or phone 202-693-1004. In addition, it would be helpful to include the tracking number in the Subject line of any submission to them or to have it available at the time of a call.

Sincerely,

Darlene Miller | Government Information Specialist, Office of Information Services

Division of Management and Administrative Legal Services (MALS) | Office of the Solicitor

U S Department of Labor | 200 Constitution Avenue NW N2420 | Washington DC 20210

Phone: 202-693-5442 | Fax: 202-693-5389 | Email: miller.darlene@dol.gov | e-FOIAs: foiarequests@dol.gov"

From: Andrew Free

We hereby appeal the agency’s untimely response, and its failure to affirmatively post these records pursuant to 5 USC 552(a)(2).

Thank you,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

From: Department of Labor, Wage and Hour Division

Appeals Unit Freedom ofInformation Act/Privacy Act Division ofManagement and Administrative Legal Services 200 ConstitutionAvenue, N.W., Suite N-2420 Washington, DC 20210 Phone: (202) 693-5503 /Fax: (202) 693-5538 May 31, 2023 To: Andrew Free
MuckRock News DEPT MR 127423
263 Huntington Avenue
Boston, MA 02115 From: Raymond E. Mitten Jr. Counsel for FOIA Appeals, Paperwork Reduction Act, Federal RecordsAct Re: Your Appealto the Solicitor of Labor under the Freedom ofInformation Act and/or Privacy Act. Date of your appeal: May 26, 2023 Subject of yourappeal: “Policies and procedures required by FOIA officers for WHD personnel” Appeal Reference No.: 2023-A-00146 This is to acknowledge receipt of your letter appealing adenial of information by a Department of Labor component agency. Your appeal is being processed. The law requires that appeals be sequenced for action on afirst-in first-out basis, consistent with the guidance provided by thecourts. See Open America v. Watergate Special Prosecution Force, 547 F.2d605 (D.C. Cir. 1976). The number ofappeals currently waiting for review is substantial. However, the Freedom of Information Actpermits multitrack processing of requests based on the amount of processingwork or time, or both, involved. 5 U.S.C. § 552(a)(6)(D)(i). Thus, we are authorized, to schedule forfaster action those appeals which require limited staff time – i.e., those thatinvolve limited scope or complexity. Should you have any questions about the status of your appeal,have any additional information which you believe should be brought to ourattention, or wish to limit or withdraw your appeal, please contact this officeat the phone or address listed above. To help us serve you, please direct your inquiries to Vinela Marmolejos via email at Marmolejos.Vinela.M@dol.gov, or at the number noted above, andrefer to our appeal reference number when making your inquiry. Thank you.

From: Department of Labor, Wage and Hour Division

Dear Mr. Free,

Attached please find the final FOIA response letter and supporting records in relation to the above referenced FOIA request you submitted to the U.S. Department of Labor, Office of the Solicitor.

If I can be of further assistance, please feel free to contact me.

Sincerely,

Sharon Hudson
SOL FOIA Coordinator
Departmental FOIA Liaison
U.S. Department of Labor
Office of the Solicitor - MALS Division
Office of Information Services
200 Constitution Avenue, NW
Room N2420
Washington, DC 20210
Hudson.sharon@dol.gov
(202) 693-5406

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From: Department of Labor, Wage and Hour Division

Good afternoon Mr. Free,

I'd like to apologize for the lack of communication regarding the processing of FOIA 2022-F-13967. On behalf of, Michael Leiterman, the Branch Chief of Document Management & FOIA, we would like to request a meeting with you to discuss resolving your request and subsequent appeal.
The earliest available date would next Tuesday, between 12:00 EST and 2:30 EST (September 5th ), Would you be available sometime during this timeframe? The meeting itself shouldn't exceed 30 minutes. However, if this doesn't work for you, please let me know at your earliest convenience.
I also ask that you provide the best contact number to reach you at that time.

I appreciate your time and patience.

Best,
Melina Cintrón, BSc
Government Information Specialist
FOIA<https://www.dol.gov/general/foia> Office
WHD<https://www.dol.gov/agencies/whd> | US DOL<https://www.dol.gov/?_ga=2.170356320.1340485049.1631634815-987571526.1631634815>

From: Andrew Free

This time and date work for me. Please send an invite or call info to Andrew@detentionkills.org

From: Department of Labor, Wage and Hour Division

Thank you Andrew, I will relay this information to my supervisor and will forward the meeting information to you. To confirm, the meeting will be set for September 5th at 12pm, the meeting should be about 30 minutes.

Thank you for your flexibility and patience.
Best,
Melina Cintrón

From: Department of Labor, Wage and Hour Division

Meeting link provided below.
Thank you.
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________________________________________________________________________________

From:

Got it. Thank you!

R. Andrew Free
Andrew@DetentionKills.org

From: Department of Labor, Wage and Hour Division

Re: FOIA 2022-F-13967
Please see attached.

From:

We appeal.

This is a mandatory disclosure record that should have been released without a request in accordance with 5 USC 552(a)(2)(C). The b5 redactions are going to be the subject of a request for contempt if we are forced to litigate this.

From: Andrew Free

We appeal.

Exemption 5 does not apply to these materials, as they are instructions to staff affecting a member of the public which should have been affirmatively disclosed and indexed pursuant to 5 USC 552a2C. This search also appears to be inadequate and we appeal on that basis as well.

Thank you,

Andrew Free

From: Department of Labor, Wage and Hour Division

Good morning:

Attached, please find a letter in response to your FOIA appeal filed with this office.

Thank you,

Alia Grimes * Attorney, FOIA Appeals
Division of Management and Administrative Legal Services (MALS) *Office of the Solicitor
U.S. Department of Labor
Phone: 202-693-5532 * Fax: 202-693-5538 * Grimes.Alia@dol.gov<mailto:Grimes.Alia@dol.gov>

Files

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  • 07/31/2023

    Andrew Free 2022-F-11013 Incoming PAL Request Form

  • 07/31/2023

    Andrew Free Incoming FOIA Request Number 2022-F-11013 Document Number One

  • 07/31/2023

    Free Responsive Number One 22-00149 Free - request

  • 07/31/2023

    Free Responsive Number Two 22-00149 Free - withdrawal

  • 07/31/2023

    Free Responsive Number Three FOIA Appeal No. 2022-A-00149 Free - decision

  • 07/31/2023

    Free Responsive Number Four FOIA Appeal No. 2022-A-00149 Free

  • 07/31/2023

    Free Responsive Number Five New appeals to log in_

  • 07/31/2023

    Free Responsive Number Six RE_ FOIA Appeal No. 2022-A-00149 Free

  • 07/31/2023

    Free Responsive Number Seven RE_ Free closure

  • 07/31/2023

    Free Responsive Number Eight RE_ New appeals to log in 2

  • 07/31/2023

    Free Responsive Number Nine RE_ New appeals to log in 3

  • 07/31/2023

    Free Responsive Number Ten Request Details Report

  • 07/31/2023

    Free Responsive Number Eleven 22-00149 Free - appeal

  • 07/31/2023

    Free Responsive Number Twelve 22-00149 Free Closure Letter

  • 07/31/2023

    Free Responsive Number Thirteen 22-00149 Free - decision - final

  • 07/31/2023

    Free Responsive Number Fourteen 22-00149 Free - ETA decision

  • 07/31/2023

    Free Responsive Number Fifteen 22-00149 Free - ETA tolling letter

  • 07/31/2023

    Free Responsive Number Sixteen Request Assignment Free

  • 07/31/2023

    Andrew Free Final Response Number 2022-F-11013 signed

  • 08/29/2023

    2022-F-13967 Rqst Ltr

  • 12/04/2023

    2022-F-13967 Final Response Letter

  • 12/04/2023

    2022-F-13967 Final Response Letter

  • 12/04/2023

    2022-F-13967 (WHD FOIA Training)

  • 12/04/2023

    2022-F-13967 (WHD FOIA Training)

  • 12/05/2023

    2023-A-00146 Free