FOIA March Madness 2017 - II - Appeal logs, procedures, letters, opinions (U.S. Army Corps of Engineers)

Beryl Lipton filed this request with the U.S. Army Corps of Engineers of the United States of America.
Tracking # FP-17-013978
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

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

1. Any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division. Please provide such logs for the period from January 1, 2015 through December 31, 2016. Please, if possible, include with the log the following items:
• the request number associated with the FOIA in question
• the appeal number assigned to the appeal
• the description of the subject matter addressed by the request
• the division or office of initial receipt
• the date on which the appeal was received
• the date on which the appeal was closed
• the determination or final disposition status of the appeal

2. All appeal letters and opinion letters associated with appeals for which the determination was to reverse, in whole or in part, the decision of the initial request agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

3. All appeal letters and opinion letters associated with appeals for which the determination was to remand the request to the appropriate agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

4. All appeal letters and opinion letters associated with appeals for which the determination was to affirm the decision of the initial agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

5. Any instructive or guiding materials provided to and/or utilized by employees of this department’s Freedom of Information Act office. Please include any manuals, procedural materials, reference guides, checklists, training materials, flow charts, directives, memorandums, legal decisions, presentations, or similar material used in the process of an appeal by this office or the office tasked to process FOIA appeals for this office. Any guiding materials used for the preparation of an appeal package should be considered responsive to, though not the entirety of, this element of this request.

6. The name and contact information for the appropriate appeal authority to whom appeals for this agency should be directed. If such information exists as part of a template letter sent to requesters, provision of this document will be considered satisfactory.

Please provide responsive materials on a rolling basis.

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,

Beryl Lipton

From: Smith, Mary A CIV USARMY CEHEC (US)

Dear Ms. Lipton:

This is to acknowledge receipt of your Freedom of Information Act (FOIA) request
for any available log of appeals submitted to this agency or the agency tasked with
processing Freedom of Information Act appeals for this division.

Please clarify your reference to "this division". Which division are you referring to?
Please advise at your earliest convenience.

Your request has been assigned tracking number FP-17-013978. Please be
advised this office is not a repository for documents. Therefore, we must
determine where the information you have requested would be located
and request a document search be conducted by the relevant records custodians.

We will await your response regarding clarification of the division.

Best regards,

Mary Alice Smith
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil

THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT.
DO NOT RELEASE UNDER FOIA.

NOTICE: This email and any attachments constitute non-public information
and may contain legally privileged and confidential information intended
solely for the use of the addressee(s). If you are not the intended
recipient, any reading, dissemination, distribution, copying or other use of
this email, including attachments, is prohibited and may be unlawful. If
you have received this message in error, please delete it, including all
copies and backups, and notify me immediately by telephone at (703) 428-8160
or by email at Mary.A.Smith@usace.army.mil. Thank you.

From: MuckRock

Hello Ms. Smith,

Thanks so much for your note. I apologize for the confusion; I'm referencing appeals for any requests that would have been channeled through the U.S. Army Corps of Engineers FOIA Program Office to the General Counsel. Is the General Counsel for the Army Corps of Engineers a shared component of the Army generally? Would there be a central repository for these appeals or does it seem that each office (http://www.usace.army.mil/Contact/Office-Locator/) would hold its own appeals?

Thanks so much for your help!

Best,
Beryl

From: Smith, Mary A CIV USARMY CEHEC (US)

Dear Ms. Lipton:

Thank you for the clarification. We will begin processing your request.
Best regards,
Mary Alice

From: Smith, Mary A CIV USARMY CEHEC (US)

Dear Ms. Lipton:

Please see the attached in response to your FOIA request.

Best regards,

Mary Alice Smith
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil

THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT.
DO NOT RELEASE UNDER FOIA.

NOTICE: This email and any attachments constitute non-public information
and may contain legally privileged and confidential information intended
solely for the use of the addressee(s). If you are not the intended
recipient, any reading, dissemination, distribution, copying or other use of
this email, including attachments, is prohibited and may be unlawful. If
you have received this message in error, please delete it, including all
copies and backups, and notify me immediately by telephone at (703) 428-8160
or by email at Mary.A.Smith@usace.army.mil. Thank you.

From: Beryl Lipton

Hello Ms. Smith!

Thanks so much for your response to this request! I'll let you know if I have any questions.

Hope you have a lovely weekend,
Beryl

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