First FOIA (Bureau of Prisons)
| Tracking # |
DOJ-AP-2019-005278 |
| Multi Request | First FOIA |
| Submitted | May 20, 2019 |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
*Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include:
1. The instruction to do so from the Agency, as well as any guidance from the senior leadership
2. Documents discussing proposals and procedures
3. Any legal guidance or analysis produced or acquired by the Agency in response to or as part of the creation of the FOIA office
4. Internal documents from the press office, legislative liaison's office (or equivalent), general counsel's office (or equivalent), director's office (or equivalent) or the newly created FOIA office, reacting to or characterizing the office and it's creation
* A copy of the agency's first perfected (successful) FOIA request
* Copies of other FOIA requests filed before the FOIA request described above
* Processing notes, search slips and response documents regarding the FOIA requests described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA requests
* A copy of the agency's first successful FOIA appeal
* Copies of other FOIA appeals received by the agency before the appeal described above
* Processing notes, search slips and response documents regarding the FOIA appeals described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA appeals
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,
Emma Best
From: Bureau of Prisons
Ms. Best:
Good afternoon. Under 5 U.S.C. § 552(a)(3)(A) and 28 CFR §16.3(b), I am unable to determine what records you seek without additional information. BOP has had a FOIA section for many years, and my internal FOIA operational files do not include any records remotely responsive to items 1 - 4. I cannot confirm none exist, though, because I am not precisely certain what you are requesting. If you have any specific information about possible records, please advise, and I will initiate a search. Without that information, any search about records related to the FOIA section would be unduly burdensome and result in thousands of pages of non-responsive records. If you provide more information, which would permit BOP to conduct a search, we will assign your request a FOIA tracking number. However, at this time, your request is being returned to you without any further action.
With regards to the bulletized requests, BOP has no responsive records. The records retention period has passed, and any potentially responsive record has been destroyed. If the records existed, I would possess them as the FOIA Supervisory Attorney.
You may discuss your request with the undersigned, this office, the Federal Bureau of Prisons' (BOP) FOIA Public Liaison, Mr. C. Darnell Stroble at 202-616-7750, 320 First Street NW, Suite 936, Washington DC 20534, or ogc_efoia@bop.gov, or a representative of the Department of Justice's Office of Information Policy (http://www.justice.gov/oip/efoia-portal.html).
Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information, Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account at: https://www.foiaonline.gov/foiaonline/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
Sincerely,
Gene Baime
Supervisory Attorney
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From: Emma North-Best
I am appealing this rejection in its entirety, as caselaw establishes that a large number of pages does not establish that a request is unduly burdensome. What was requested was more than adequately described. Further, simply asserting that the records were destroyed without actually checking, or providing the destruction slips as was explicitly requested, does not satisfy the requirements of the FOIA or this particular request.
From: Bureau of Prisons
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-005278
* Request Tracking Number: BOP-Appeal-6-3-2019
* Requester Name: Emma Best
* Date Submitted: 06/03/2019
* Appeal Status: Submitted
* Description: BOP Appeal
From: Bureau of Prisons
DOJ-AP-2019-005278 has been processed with the following final disposition: Closed for Other Reasons.
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