Mr. Randall L. Exley daily activity September and October 2013 (AAA)

Jason Smathers filed this request with the United States Army Audit Agency 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:

I request a copy of all records for every day in September and October of 2013 of the following types:
1) All paper or electronic calendars kept by Mr. Randall L. Exley or his staff which keeps the agendas and appointments for Mr. Randall L. Exley's daily activities, appointments, and obligations, etc.
2) All "to do" lists kept by Mr. Randall L. Exley or his staff which were used in routine business to track tasks which Mr. Randall L. Exley needed to complete for that day, week, or month.
3) A log of all incoming and outgoing phone calls to both Mr. Randall L. Exley's office and cellular telephone lines including the phone number of the other party, whether the call was inbound or outbound, the length of the call, the and name of the other party if this is included in any log file or phone bill.

I am an "all other" requester for the purposes of this request. I request that you limit search time to 2 hours. I agree to duplication fees up to $10 if the results happen to be more than 100 pages which is the free entitlement for "all other" requesters.

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: United States Army Audit Agency

A fix is required to perfect the requesfix is required to perfect the request.

From: United States Army Audit Agency

A fix is required to perfect the requesfix is required to perfect the request.

From: Jason Smathers

Concerning this request, I agree to fees up to $12 billed under the "other" requester fee category. If fees are expected to exceed this amount, please let me know so that I can either adjust my willingness to pay fees or attempt to narrow the scope of this request.

I understand your concern over my several requests in a single day. However, I think we can agree that any reasonable review of these requests will find a sweeping range in topics. Each request is on s separate subject and are linked only by being submitted to your office on the same day. There was no attempt to avoid fees in the separation of requests into multiple requests. Rather, a unique request was made for each unique subject matter. Further, I think you are aware that the FOIA does not allow for a request to be denied based on the mere fact that you believe multiple requests are on the same subject and require consolidation. If for some reason you will not process my requests individually and insist on consolidation, please provide notice that you are doing so along with appeal rights and details so that I can escalate this matter.

Thank you very much for your reconsideration. I hope we are able to settle this matter without escalate.

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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 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. 22, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Hankins, Timothy S CIV USARMY HQDA AAA (US)

Mr. Smathers,

Please find attached our interim response to your FOIA request.

For/

Tracy L. Greiner-Lee, Esq.
Deputy Counsel (Labor & Employment Law)
Office of General Counsel
U.S. Army Audit Agency
6000 6th Street, Bldg 1464
Fort Belvoir, VA 22060
Phone: 703.545.5880

This email and any files transmitted with it may contain PRIVILEGED or SENSITIVE information and may be read or used only by the intended recipient. If you are not the intended recipient of the email or any of its attachments, please be advised that you have received this email in error and that any use, dissemination, distribution, forwarding, printing, or copying of this email or any attached files is strictly prohibited. If you have received this email in error, please immediately purge it and all attachments and notify the sender by reply email or contact the sender at the number listed.

From: Greiner-Lee, Tracy Louise CIV USARMY HQDA AAA (US)

Thanks for getting both of these out. If we don't hear from the Pentagon by the Tues after Columbus Day, we'll refer the case to them for the phone logs.

Respectfully,

Tracy L. Greiner-Lee, Esq.
Deputy Counsel (Labor & Employment Law)
Office of General Counsel
U.S. Army Audit Agency
6000 6th Street, Bldg 1464
Fort Belvoir, VA 22060
Phone: 703.545.5880

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NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential and/or attorney work product and may be exempt from public release under the Freedom of Information Act,
5 U.S.C. § 552. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in error, please email me at this address and promptly delete all copies of the message and any attachments. Neither the transmission of this message or any attachment, nor any error in transmission or delivery, shall constitute waiver of any applicable legal privilege.
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From: Greiner-Lee, Tracy Louise CIV USARMY HQDA AAA (US)

CLASSIFICATION: UNCLASSIFIED

Dear Mr. Smathers:

On September 29, 2016, the U.S. Army Audit Agency emailed you an interim response to your three-part FOIA request (attached). We did not respond to the third part of your FOIA request:

"A log of all incoming and outgoing phone calls to both Mr. Randall L. Exley's office and cellular telephone lines including the phone number of the other party, whether the call was inbound or outbound, the length of the call, and the name of the other party if this is included in any log file or phone bill."

We did not respond because we requested and were awaiting receipt of these records so that we could provide a convenient response from one party, instead of referring you to another entity to respond to part of your request. Unfortunately, we still have not received these records, and because we are not the records custodian of these documents, these documents are not in our system of records. Therefore, we formally referred your request to Enterprise IT Services Directorate, the records custodian of these documents, for direct response to you. We have notified EITSD of our formal referral of your request.

I have copied the contact emails of EITSD in the cc line above.

Tracy L. Greiner-Lee, Esq.
Deputy Counsel (Labor and Employment)
U.S. Army Audit Agency
6000 6th Street, Bldg 1464
Fort Belvoir, VA 22060
703.545.5880

*********************************************
NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential and/or attorney work product and may be exempt from public release under the Freedom of Information Act, 5 U.S.C. § 552. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in error, please email me at this address and promptly delete all copies of the message and any attachments. Neither the transmission of this message or any attachment, nor any error in transmission or delivery, shall constitute waiver of any applicable legal privilege.
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CLASSIFICATION: UNCLASSIFIED

From: Greiner-Lee, Tracy Louise CIV USARMY HQDA AAA (US)

Dear Mr. Smathers,

This email is the final response to our interim response to your FOIA Request FP-16-0020788. On September 29, 2016, the U.S. Army Audit Agency informed you that your request for "a log of all incoming and outgoing phone calls to both Mr. Randall L. Exley's office and cellular telephone lines including the phone number of the other party, whether the call was inbound or outbound, the length of the call, and the name of the other party if this is included in any log, file, or phone bill," would be delayed because we are not the records custodian of the requested documents. The U.S. Army Audit Agency requested the telephone records from U.S. Army Enterprise IT Services Directorate. They provided us with the attached documents.

We redacted the document under 5 U.S.C. §552 (b)(6). Exemption (b)(6) explains that government employees have a privacy interest in avoiding disclosure of identifying information if disclosure would subject them to harassment. The court also explains that " while FOIA encourages an open and transparent government, it finds that disclosure of terminal identifiers and third party individual phone numbers amounts to a clearly unwarranted invasion of personal privacy." In addition, there is no public interest that would be served by the disclosure of the phone numbers. See Rojas-Vega v. United States Citizenship and Immigration Services, 132 F. Supp. 3d 11 (D.D.C 2015) and Cleveland v. U.S. Dep't of State, 128 F.Supp. 3d 284 (D.D.C 2015).

You may appeal this partial denial of your request to the Secretary of the Army's Office of General Counsel. Any appeal must reach our office within 90 calendar days of the date of this letter. You may also request dispute resolution services by contacting the Army FOIA Public Liaison, Bruno Leuyer, at (703) 428-6238 or usarmy.belvoir.hqda-oaa-ahs.mbx.rmda-foia-public-liaison@mail.mil. In addition, you may request assistance from the Office of Government Information Services (OGIS) at https://ogis.archives.gov/.

We now consider your FOIA request closed. If you have any questions you may contact Mr. Tim Hankins at usarmy.pentagon.hada-aaa.list.aaa-foia-liaison@mail.mil or (703) 545-5881.

Sincerely,

Tracy L. Greiner-Lee, Esq.
Deputy Counsel (Labor and Employment)
U.S. Army Audit Agency
6000 6th Street, Bldg 1464
Fort Belvoir, VA 22060
703.545.5880

*********************************************
NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential and/or attorney work product and may be exempt from public release under the Freedom of Information Act, 5 U.S.C. § 552. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in error, please email me at this address and promptly delete all copies of the message and any attachments. Neither the transmission of this message or any attachment, nor any error in transmission or delivery, shall constitute waiver of any applicable legal privilege.
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