General Counsel Notes on MuckRock & FOIA Group Fee Category (DOD)
| Tracking # |
14-F-0293, 14-F-0294 |
| Submitted | Dec. 29, 2013 |
| Est. Completion | None |
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Communications
From: Michael Morisy
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All records, including emails, in this office discussing which fee category is appropriate for requests submitted by MuckRock or the FOIA Group, Inc. This includes both: a) requests submitted by one of these businesses on its own behalf; and b) requests submitted by third parties in their own names using one of these businesses as an intermediary.
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,
Michael Morisy
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 Dec. 29, 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: Council, Suzanne F CIV WHS ESD (US)
Mr. Michael Morisy
MuckRock News
Dept MR 9758
P. O. Box 35819
Boston, MA 02205-5819
Sent via Electronic Mail: requests@muckrock.com
Mr. Morisy:
This responds to two of your 30 Dec 13, Freedom of Information Act (FOIA) requests for records in reference to records in this office that discuss fee category for MuckRock or FOIA Group, Inc., and the Office of General Counsel that discuss fee category for requests submitted using request-submitting services for which requesters pay a fee.
Under the FOIA, a government agency is required to make a good faith effort to conduct a search. This office coordinated an exhaustive search within this office, the Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center (OSD/JS FOIA). Our search process involved speaking with the DoD FOIA Policy Office, Freedom of Information Act Officials, records managers, and other points of contact that might have been in possession of responsive records. Searches of the paper files, electronic files and databases as well as files transferred to storage were performed.
Based on the information you have provided and thorough searches, no documents of the kind you described could be located. We believe that these search methods were appropriate and could reasonably be expected to produce the requested records if they existed.
In order to sustain a "no records" finding an agency must show that it made a good faith effort to conduct a search for the requested records, using methods that could reasonably be expected to produce the information requested. A search is not presumed unreasonable simply because it fails to produce all relevant materials. As well, FOIA does not require agencies to create or compile records not already in existence to satisfy a FOIA request.
Please be advised that fee category is determined case by case and on the basis of the person making the request, not the commercial entity that the requester may use to make the request.
FOIA Group, Inc. declares its fee category as commercial upon making a request.
If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 14-F-0293 and 14-F-0294, and should be clearly marked "Freedom of Information Act Appeal."
Suzanne Council
Senior Advisor
Department of Defense
Information and Privacy
1155 Defense Pentagon
Washington, DC 20301-1155
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 Dec. 29, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-F-0293, 14-F-0294.
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 Dec. 29, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-F-0293, 14-F-0294.
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 Dec. 29, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-F-0293, 14-F-0294.
Thank you for your help.
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