Fair Political Practices Commission FOIA records (USPS)

Jason Smathers filed this request with the United States Postal Service of the United States of America.
Tracking # 2012-FPRO-00390
Status
Completed

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:

All records concerning the processing of the FOIA request mentioned in the below news article. Please include all administrative records created in processing the request, all records created due to appeal, the initial request and all communicate between the USPS and the requester concerning the request.
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article:
California political watchdog agency sues U.S. Postal Service
By Torey Van Oot - tvanoot@sacbee.com
Saturday, Jan. 14, 2012 | 12:15 AM
E-MAIL PRINT TEXT SIZE:
0 Comments
California's political watchdog agency has delivered a federal lawsuit to
the U.S. Postal Service in an ongoing dispute over mail records.

The lawsuit, filed Friday in U.S. District Court in Sacramento, stems from a
Fair Political Practices Commission investigation into a campaign mailing
sent during a 2008 local recall campaign.

But the outcome could have broader implications for the agency's enforcement
efforts as the 2012 campaigns ramp up.

"It's going to be a huge issue," said Gary Winuk, FPPC's chief of
enforcement.

The investigation in question concerns mail pieces sent during the 2008
recall of Manhattan Beach Unified school board member Bill Eisen. A sworn
complaint submitted to the FPPC alleged that mail pieces Eisen produced
opposing his own recall failed to disclose that he was the sender, instead
attributing the pamphlets to a taxpayer association and local political
groups.

Call Torey Van Oot, Bee Capitol Bureau, (916) 326-5544.

The agency sought to obtain from the Postal Service records showing how many mail pieces were sent to determine whether the mailing was widespread enough to trigger the mandatory source disclosures.

Though the Postal Service has provided similar information in the past, according to the FPPC, the Postal Service denied the agency's request. Attempts to appeal the decision were unsuccessful.

FPPC Chair Ann Ravel said in a statement that the agency felt compelled to
take action out of concern that the Postal Service's "refusal to provide
this simple information will result in shutting down the enforcement of all
similar laws in every state."

"The Post Office's unreasonable refusal to provide the information and
bizarre use of FOIA (the Freedom of Information Act) to prevent the release
of basic information prohibits the Commission from executing its mission,"
she said in a statement.

"The Commission is left with no other choice but to bring a cause of action
against the Post Office to compel disclosure."

A spokesman for the Postal Service declined to comment on the lawsuit
Friday.
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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: United States Postal Service

From: "Thorne, Tanika" <tanika.d.thorne@usps.gov>

An acknowledgement letter, stating the request is being processed.

From: United States Postal Service

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 Jan. 14, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2012-FPRO-00390.

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 Jan. 14, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2012-FPRO-00390.

Thank you for your help.

From: United States Postal Service

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