FY2013 FOIA Log (U.S. Army, Installation Management Command)

Jason Smathers filed this request with the U.S. Army, Installation Management Command of the United States of America.
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:

A log of all FOIA requests made in fiscal year 2013.

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: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

The Freedom of Information Act requires requesters to “reasonably describe the records being sought” so that a knowledgeable employee of the agency may conduct a search for the record with reasonable effort. Please specify exactly what case log or logs you are requesting. The following link may be what you are requesting http://www.foia.gov/index.html, if so please withdraw your request.

You are categorized as an “Other” requester. This request will receive two hours of search; you will receive the first two hours of review, and the first 100 pages at no cost. Unfortunately, the costs may still exceed $2,500 with the volume you have requested. Request you respond by October 31, 2013. If not, your request will be administratively closed.

From: Jason Smathers

I believe I did reasonably describe the record I was seeking. It is typical for agencies to keep track of Freedom of Information Act requests in the form of a log, or in some cases by entering them into a database system. I am requesting a list of all requests received in fiscal year 2013 including the requester's name, date of request, current status, description of the request, ate completed and any other field which your agency typically tracks.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
Still need to know what agency FOIA logs you are looking for?

Still need to know your willingness to pay as required by FOIA law, the $2500 is just estimate once you state you willingness to for services I can proceed with your request at which time I will provide you with a accurate cost.

Please look at the provided FOIA request booklet

V/r
Jeffrey Sweeney

From: Jason Smathers

I assumed the agency was implied by sending it to you. I am request the FOIA logs for your agency, the U.S. Army, Installation Management Command.

I agree to pay fees up to $12, if fees are expected to exceed this amount, please let me know so I can consider the options of reducing the scope of the request or increasing my willingness to pay fees.

Thank you.

Regards,
Jason Smathers

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Thank you for clarifying your request.

We will process your request

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED

From: Jason Smathers

I find it hard to believe that this simple FOIA request can be such a burden for you. Can you please provide a detailed summary of your fee estimate including search time and estimated pages? To be clear, I am requesting a copy of a log. I understand that it is commonplace to keep a log of incoming FOIA requests. I would expect this log to be kept by your office. Since your office would process FOIA requests as your primary responsibility and make entries to the FOIA log on a frequent basis, I cannot believe search time would exceed a few minutes since you use the FOIA log frequently and already know where it is without searching. Further, I would expect this log to be less than 100 pages which should be enough to show thousands of FOIA requests. Most FOIA logs I have seen from federal agencies fit several requests on every page. Further, many agencies have been able to email this file to me in a matter of minutes without having to waste ink, paper, or postage. I would hope that you can do the same.

In the meantime, please do not close this request as you threaten in your letter. At a minimum, I expect you to exhaust two hours of search time and the reproduction of the first 100 pages of records you locate during that time. If you locate more than 100 pages, please let me know. I've already authorized up to $12 in fees, but if you locate even more records than that, when searching for a simple FOIA log, please explain how that can be possible so we can determine how to proceed.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir, you have asked for the IMCOM FOIA log FY13 and it consist of 568 pages plus it will take approx 4hrs to redact third party information I can and will send the documents electronically so the cost will be reduced. The estimated cost will be $88 now. Please let me know if I should process your request.

V/r
Jeff Sweeney

From: Jason Smathers

Thank you for the clarification. I am a bit surprised by the length of the FOIA log. Can you please detail what the $88 is for?

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

4hrs to redact third party information

From: Jason Smathers

Perhaps that is why I was left confused since neither the law, nor the "citizen's guide" you sent me allow for charging of review time to any requester other than for commercial uses. According to your 10/22 correspondence, you placed my request in the "other" user fee category, which I am in agreement with.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir attached is the FOIA Fee

From: Jason Smathers

I appeal. Per email communication I was told that the fees being imposed are for review time. Further, I was told that I was being considered an "all other" requester. As you are surely aware, the law does not allow for review time to be charged to "all other" requesters.

On Oct. 25th I asked via email: "Can you please detail what the $88 is for?" and on the same day I was told "4hrs to redact third party information."

For this and all other reasons deemed appropriate by the appeals authority, I appeal the fee estimate.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir, I do apologize you are correct and no charges will be assessed.

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Smather,

We will be unable to respond to your request within the FOIA’s 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. The unusual circumstances are: a) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Because we are required to address a large number of FOIA/Privacy Act demands, many involving sensitive records, we cannot always respond to requests quickly as we would like. Accordingly, we handle backlogged cases on a “first in, first out” basis, a practice that has been recognized by the courts. See, e.g., Open American v. Watergate Special Prosecution Force, 547 F.2d 605, 614-16 (D.C. cir. 1976). Nevertheless, we are sorry for any inconvenience this delay may cause. The command is working this request as quickly as possible.

If I can be any further assistance please let me know.

/r
Jeff Sweeney
FOIA Officer
210-466-0406

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir, your request is almost completed once it goes through our legal department and is signed for release you will be getting an electronic copy of the documents, I hope to have it to you within the next week or two.

/r
Jeff Sweeney

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir, your request is almost completed once it goes through our legal department and is signed, you will be getting an electronic copy of the documents, sorry for the delay.

/r
Jeff Sweeney

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir, your request is almost completed once it goes through our legal department and is signed, you will be getting an electronic copy of the documents, sorry for the delay.

/r
Jeff Sweeney

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Smathers, thanks for contacting me, our legal team is still processing your request for the FOIA logs, but do to the amount of cases it is taking longer than expected. We do appreciate your patients in this matter as soon as it is finalized I will send the information to you.

V/r
Jeff Sweeney
210-466-0406

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 Oct. 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Smathers, thanks for contacting me, our team is still processing your request for the FOIA logs, to ensure you get the FOIA logs, but do to the amount of cases it is taking longer than expected. We do appreciate your patients in this matter as soon as it is finalized I will send the information to you.

V/r
Jeff Sweeney
210-466-0406

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Sir the information you seek is being delivered via electronic means through AMRDEC Safe, thank you for your patients in this matter, this closes your request.

/r

Jeffrey Sweeney

Management and Program Analyst

HQ IMCOM, G1, ASD

2405 Gun Shed Road (Bldg 2261)

Fort Sam Houston, TX 78234-1223

(210) 466-0406

DSN 312-450-0406

“As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.” John F. Kennedy

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