|Submitted||April 7, 2011|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
March 2011 CMC Monthly report.
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.
I ask that you reconsider your decision to aggregate fees in light of your agencies FOIA regulations which state that you can aggregate a series requests that are made for a portion documents in an effort to avoid fees.
You cannot say that I am attempting to avoid fees when the record recently requested in this request did not even exist at the time of my earlier request.
Furthermore, you will notice that your regulations state that requests made more than 30 days apart are unlikely to have aggregation warranted.
I ask that you process my request as your FOIA regulations clearly do not support your action. Please let me know ASAP so that I can file an appeal if you refuse to act in good faith.