EOPmails (Department of Transportation)

Emma North-Best filed this request with the Department of Transportation of the United States of America.
Tracking #

2017-115
Submitted Feb. 6, 2017
Status
Completed

Communications

From: Michael Best

Subject: Freedom of Information Request: EOPmails (Department of Transportation)

Email

To Whom It May Concern:

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

a copy of all emails from the domain EOP.gov to senior managers encompassed within the required agency system for retaining emails of senior officials. Frequently this records management policy/system is described by the name Capstone.
https://www.archives.gov/records-mgmt/grs/grs06-1-faqs.html

If the agency has not yet established NARA-compliant email retention procedures, then I instead request an electronic search of the mailboxes of agency senior managers for all emails that include the EOP.gov phrase in the FROM address.

I limit this request to the time period January 20, 2017 to the present.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived.

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,

Michael Best

From: OST.FOIA (OST)

Subject: New FOIA Request 2017-115 Acknowledgement Ltr

Email


From: Pieropan, Joseph (BER)

Subject: Forfeiture Records Request - 2017 (#2 of 2)

Email

Dear Mr. Quemere:

Attached to this email (2 of 2) are the following documents in response to your public records request dated January 27, 2017:

1. Federal Forfeiture Equitable Sharing Reports - Federal documents from FY09 TO FY16.

Sincerely,

Joseph A. Pieropan
Assistant District Attorney
Berkshire District Attorney
PO Box 1969 - 7 North Street
Pittsfield, MA 01202-1969
Tel. 413-443-5951
Fax 413-499-6349

From: Pieropan, Joseph (BER)

Subject: Forfeiture records request - 2017 (#1 of 2)

Email

Dear Mr. Quemere:

Attached to this email (1 of 2) are the following documents in response to your public records request dated January 27, 2017:

1. Annual reports to Ways & Means Committees - first filed in FY06, going back to FY03. The FY08 report contains the information for FY03 to FY08. Note that the reports to go 12/31/15. This year's budgetary language does not require a report, so there is no report for the period ending 12/31/16.

2. Berkshire District Attorney's internal office policy contained in Employee Handbook section entitled "Cash Collections & Asset Forfeiture Procedures."

Sincerely,

Joseph A. Pieropan
Assistant District Attorney
Berkshire District Attorney
PO Box 1969 - 7 North Street
Pittsfield, MA 01202-1969
Tel. 413-443-5951
Fax 413-499-6349

From: Pieropan, Joseph A (DAA)

Subject: Forfeiture Records

Email

Please note that the Berkshire District Attorney replied to your recent request for forfeiture reports on February 15, 2017.

Please reply to this email to acknowledge receiving same.

Joseph A. Pieropan
Assistant District Attorney
413-443-5951

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