Old Reagan Library FOIA requests
| Submitted | Oct. 22, 2010 |
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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:
all Ronald Reagan Presidential Library records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by Ronald Reagan Presidential Library personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.
When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.
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 10 business days, as the statute requires.
Sincerely,
Jason Smathers
Filed via MuckRock.com
185 Beacon St. #3
Somerville, MA 02143
Daytime: (857) 488- 3081
E-mail: requests@muckrock.com
From: National Archives
From: Jason Smathers
Deputy Archivist (ND)
National Archives and Records Administration
College Part, MD 20740
This is in response to a letter from Mr. Jay Olin dated Dec. 20, 2010 in regards to a FOIA request. Mr. Olin assessed fees for duplicaiton of these records. I appeal.
The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6),
According to Mr. Olin's letter, my request was recieved October 22, 2010. This fails to meet the 20 business day time limit and the National Archives did not request an additional 10 days as allowed by the FOIA in some cases.
Mr. Olin acknowledged this requester is described under clause (ii)(II) as a member of the news media. Therefore, duplication fees cannot be charged.
Signed,
/Jason Smathers/
Jason Smathers
From: National Archives
EDITOR'S NOTE: This communication originally appeared in the "Notes" section and was copied here on 3/19/2013. An admin fix to generate a follow up was issued.
Mr. Smathers,
I have performed an initial review of the records responsive to your request for the 5 oldest FOIA requests at the Ronald Reagan Presidential Library. The page count is 1,161 pages. With the first 100 pages at no charge, the fees to process this request should not exceed $220. Please let me know how you wish to proceed. There is no need to send advance payment as the official total will be calculated upon completion of the request.
I apologize for our delay in responding to you. Please call me with any questions or concerns.
Sincerely,
Jay Olin
Deputy FOIA Officer
Office of General Counsel
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
(301) 837-2025 (office)
(301) 837-0293 (fax)
--------------------------
How many of these pages are pull sheets? Can you remind me again what information is on the pull sheets?
Thanks,
Jason
-------------------------
Most of the pages are the finding aids used to locate the records. For the Reagan Library, most are already available on the website. When a request arrives at the library, the assigned Archivist will print out the finding aids to begin searching. This is the search report identifying where records matching the request are archived. The case file also includes processing sheets which the Archivist uses to tally the number of pages located with the exemptions per page, etc. The remaining pages are correspondence, both internal and external.
The withdrawal sheets were excluded since they are not in electronic format at NLRR and thus would have generated thousands of additional pages.
I hope this information has been useful. Please let me know if you have additional questions or would like to narrow the scope of your request. I will be at NARA during the holiday season.
Cheers,
Jay
----------------------------------
If these records are electronic, can't they be emailed or placed on a CD at a much lower cost?
How many pages would be remaining if we narrowed the request to only the correspondence both internal and external along with the original request?
----------------------------------
They are electronic in a sense that they are posted on the web. Since the archivists use them when searching, they are not electronic since they contain handwritten marks. Example: the finding aid will list the subject files the archivist will look in when conducting a search. He/she will cross off files with no records and mark files with responsive records. These are then reviewed for the FOIA. These search results are placed in the case file as paper records, therefore they cannot be placed on a CD.
If we narrowed the request to only the correspondence (internal & external) and the request letter(s), I estimate a reduction of 90% or more of the current paper records. This would eliminate the search results and processing worksheets which account for the bulk of the case files. You always have the option of submitting a new FOIA for these records if you would like after reviewing our release of the correspondence.
Please let me know how you would like to proceed.
Cheers, Jay
-------------------------------
Sounds like a plan, lets narrow the request to: the correspondence (internal & external) and the request letter(s). If I need more, I'll request it in another FOIA request.
Thanks for the help.
-Jason
From: Jason Smathers
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on October 14, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
——————————
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
all Ronald Reagan Presidential Library records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by Ronald Reagan Presidential Library personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.
When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.
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 10 business days, as the statute requires.
Sincerely,
Jason Smathers
Filed via MuckRock.com
185 Beacon St. #3
Somerville, MA 02143
Daytime: (857) 488- 3081
E-mail: requests@muckrock.com
From: Jay Olin
Mr. Smathers,
Our records indicate that we responded to this request on December 20,
2010. We released 121 pages in full, denied 80 pages in full pursuant
to exemptions, and released 84 in part pursuant to exemptions. Fees of
$21 were assessed for duplication. These records were shipped by UPS
which confirmed delivery to the address you provided:
MuckRock.com
185 Beacon St. #3
Somerville, MA 02143
Attached is a copy of our response letter.
Sincerely,
Jay Olin
Deputy FOIA Officer
Office of General Counsel
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
(301) 837-2025 (office)
(301) 837-0293 (fax)>>> Shelly Williams <shelly.williams@nara.gov>
3/20/2013 9:48 AM >>>
Hi Jay,
Can you take a look at this. I thought this was done. Anyway it is an
admin FOIA from 2010.
Sincerely,
Shelly Williams
Archivist/FOIA Coordinator
phone: 805-577-4012
email: shelly.williams@nara.gov
---------- Forwarded message ----------
From: <requests@muckrock.com>
Date: Tue, Mar 19, 2013 at 9:17 AM
Subject: Follow up to Freedom of Information Request: Old Reagan
Library FOIA requests
To: Shelly.Williams@galias.nara.gov, Reagan Library
<Reagan.Library@nara.gov>
March 19, 2013
Ronald Reagan Presidential Library
40 Presidential Drive
Simi Valley, California 93065
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on October 14, 2010. Please let
me know when I can expect to receive a response, or if further
clarification is needed.
Thank you for your help.
——————————
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby
request the following records:
all Ronald Reagan Presidential Library records referencing the five
oldest FOIA and Privacy Act requests which are still being processed
that contain remarks, comments, notes, explanations, etc. made by Ronald
Reagan Presidential Library personnel or contractors about the
processing of these requests (and appeals, if appropriate), the
invocation of exemptions, or related matters. This is to include any
analysts' notes made during the processing of the requests, any standard
worksheets completed by the analysts, any justifications for exemption
invocations or other supporting documentation provided to the Appeals
Authority, and any correspondence referencing the requests, including
tasking orders, emails, and coordination documentation. However, any
records previously released to the original requesters in unredacted
form may be excluded from this request. Additionally, please provide the
initial request letters for the 5 oldest open FOIA/PA requests.
When processing this request, please note that the D.C. Circuit has
previously held that agencies have a duty to construe the subject
material of FOIA requests liberally to ensure responsive records are not
overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs
Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby
instructed that the term “record” includes, but is not limited to: 1)
all email communications to or from any individual within your agency;
2) memoranda; 3) inter-agency communications; 4) sound recordings; 5)
tape recordings; 6) video or film recordings; 7) photographs; 8) notes;
9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters
or correspondence; 14) telexes; 15) telegrams; 16) facsimile
transmissions; 17) statements; 18) policies; 19) manuals or binders; 20)
books; 21) handbooks; 22) business records; 23) personnel records; 24)
ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations
under pena!
lty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or
32) calendars, regardless of whether they are handwritten, printed,
typed, mechanically or electronically recorded or reproduced on any
medium capable of conveying an image, such as paper, CDs, DVDs, or
diskettes.
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 10
business days, as the statute requires.
Sincerely,
Jason Smathers
Filed via MuckRock.com
185 Beacon St. #3
Somerville, MA 02143
Daytime: (857) 488- 3081
E-mail: requests@muckrock.com
---
On March 19, 2013:
EDITOR'S NOTE: This communication originally appeared in the "Notes"
section and was copied here on 3/19/2013. An admin fix to generate a
follow up was issued.
Mr. Smathers,
I have performed an initial review of the records responsive to your
request for the 5 oldest FOIA requests at the Ronald Reagan Presidential
Library. The page count is 1,161 pages. With the first 100 pages at no
charge, the fees to process this request should not exceed $220. Please
let me know how you wish to proceed. There is no need to send advance
payment as the official total will be calculated upon completion of the
request.
I apologize for our delay in responding to you. Please call me with any
questions or concerns.
Sincerely,
Jay Olin
Deputy FOIA Officer
Office of General Counsel
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
(301) 837-2025 (office)
(301) 837-0293 (fax)
--------------------------
How many of these pages are pull sheets? Can you remind me again what
information is on the pull sheets?
Thanks,
Jason
-------------------------
Most of the pages are the finding aids used to locate the records. For
the Reagan Library, most are already available on the website. When a
request arrives at the library, the assigned Archivist will print out
the finding aids to begin searching. This is the search report
identifying where records matching the request are archived. The case
file also includes processing sheets which the Archivist uses to tally
the number of pages located with the exemptions per page, etc. The
remaining pages are correspondence, both internal and external.
The withdrawal sheets were excluded since they are not in electronic
format at NLRR and thus would have generated thousands of additional
pages.
I hope this information has been useful. Please let me know if you have
additional questions or would like to narrow the scope of your request.
I will be at NARA during the holiday season.
Cheers,
Jay
----------------------------------
If these records are electronic, can't they be emailed or placed on a
CD at a much lower cost?
How many pages would be remaining if we narrowed the request to only
the correspondence both internal and external along with the original
request?
----------------------------------
They are electronic in a sense that they are posted on the web. Since
the archivists use them when searching, they are not electronic since
they contain handwritten marks. Example: the finding aid will list the
subject files the archivist will look in when conducting a search.
He/she will cross off files with no records and mark files with
responsive records. These are then reviewed for the FOIA. These search
results are placed in the case file as paper records, therefore they
cannot be placed on a CD.
If we narrowed the request to only the correspondence (internal &
external) and the request letter(s), I estimate a reduction of 90% or
more of the current paper records. This would eliminate the search
results and processing worksheets which account for the bulk of the case
files. You always have the option of submitting a new FOIA for these
records if you would like after reviewing our release of the
correspondence.
Please let me know how you would like to proceed.
Cheers, Jay
-------------------------------
Sounds like a plan, lets narrow the request to: the correspondence
(internal & external) and the request letter(s). If I need more, I'll
request it in another FOIA request.
Thanks for the help.
-Jason
---
On Jan. 26, 2011:
Deputy Archivist (ND)
National Archives and Records Administration
College Part, MD 20740
This is in response to a letter from Mr. Jay Olin dated Dec. 20, 2010
in regards to a FOIA request. Mr. Olin assessed fees for duplicaiton of
these records. I appeal.
The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a
requester described under clause (ii)(II), duplication fees) under this
subparagraph if the agency fails to comply with any time limit under
paragraph (6),
According to Mr. Olin's letter, my request was recieved October 22,
2010. This fails to meet the 20 business day time limit and the National
Archives did not request an additional 10 days as allowed by the FOIA in
some cases.
Mr. Olin acknowledged this requester is described under clause (ii)(II)
as a member of the news media. Therefore, duplication fees cannot be
charged.
Signed,
/Jason Smathers/
Jason Smathers
---
On Dec. 31, 2010:
---
On Oct. 14, 2010:
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby
request the following records:
all Ronald Reagan Presidential Library records referencing the five
oldest FOIA and Privacy Act requests which are still being processed
that contain remarks, comments, notes, explanations, etc. made by Ronald
Reagan Presidential Library personnel or contractors about the
processing of these requests (and appeals, if appropriate), the
invocation of exemptions, or related matters. This is to include any
analysts' notes made during the processing of the requests, any standard
worksheets completed by the analysts, any justifications for exemption
invocations or other supporting documentation provided to the Appeals
Authority, and any correspondence referencing the requests, including
tasking orders, emails, and coordination documentation. However, any
records previously released to the original requesters in unredacted
form may be excluded from this request. Additionally, please provide the
initial request letters for the 5 oldest open FOIA/PA requests.
When processing this request, please note that the D.C. Circuit has
previously held that agencies have a duty to construe the subject
material of FOIA requests liberally to ensure responsive records are not
overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs
Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby
instructed that the term “record” includes, but is not limited to: 1)
all email communications to or from any individual within your agency;
2) memoranda; 3) inter-agency communications; 4) sound recordings; 5)
tape recordings; 6) video or film recordings; 7) photographs; 8) notes;
9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters
or correspondence; 14) telexes; 15) telegrams; 16) facsimile
transmissions; 17) statements; 18) policies; 19) manuals or binders; 20)
books; 21) handbooks; 22) business records; 23) personnel records; 24)
ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations
under pena!
lty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or
32) calendars, regardless of whether they are handwritten, printed,
typed, mechanically or electronically recorded or reproduced on any
medium capable of conveying an image, such as paper, CDs, DVDs, or
diskettes.
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 10
business days, as the statute requires.
Sincerely,
Jason Smathers
Filed via MuckRock.com
185 Beacon St. #3
Somerville, MA 02143
Daytime: (857) 488- 3081
E-mail: requests@muckrock.com
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 139
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.
From: MuckRock
Hi Jay,
Thanks for taking my call this morning and your help. Again, my apologies if the files were lost on our end.
To re-iterate, this is the best address for UPS'ing documents to:
MuckRock News
DEPT MR 139
135 William T Morrissey Blvd
Boston, MA 02125
I'm at 857-488-3081 if any other questions come up.
Best,
Michael
From: Ronald Reagan Presidential Library
A copy of documents responsive to the request.
From: Ronald Reagan Presidential Library
A cover letter granting the request and outlining any exempted materials, if any.
From: Jay Olin
Good morning Michael,
I recreated the response and shipped it via UPS. Below are the details
including the tracking number. I granted an extension to file an admin
appeal as well.
Please contact me with any additional questions. The duplication fee
should be sent to my attention.
If there are any other outstanding NARA requests for operational
records, please let me know.
Thanks,
Jay Olin
Important Delivery Information
Scheduled Delivery: 10-April-2013
Shipment Detail Ship To:
Jason Smathers
MuckRock News
135 William T Morrissey Blvd
DEPT MR 139
BOSTON
MA
021253310
US
Number of Packages:1
UPS Service:NEXT DAY AIR
Weight:1.0 LBS
Tracking Number:1ZA49E340198873864 (
http://wwwapps.ups.com/WebTracking/processRequest?HTMLVersion=5.0&Requester=NES&AgreeToTermsAndConditions=yes&loc=en_US&tracknum=1ZA49E340198873864&WT.z_eCTAid=ct1_eml_Tracking
)
Click here (
http://wwwapps.ups.com/WebTracking/processRequest?HTMLVersion=5.0&Requester=NES&AgreeToTermsAndConditions=yes&loc=en_US&tracknum=1ZA49E340198873864&WT.z_eCTAid=ct1_eml_Tracking
) to track if UPS has received your shipment or visit
http://www.ups.com/WebTracking/track?loc=en_US on the Internet.
>>> <requests@muckrock.com> 4/1/2013 2:05 PM >>>
April 1, 2013
Ronald Reagan Presidential Library
40 Presidential Drive
Simi Valley, California 93065
This is a follow up to a previous request:
Hi Jay,
Thanks for taking my call this morning and your help. Again, my
apologies if the files were lost on our end.
To re-iterate, this is the best address for UPS'ing documents to:
MuckRock News
DEPT MR 139
135 William T Morrissey Blvd
Boston, MA 02125
I'm at 857-488-3081 if any other questions come up.
Best,
Michael
---
On March 20, 2013:
Mr. Smathers,
Our records indicate that we responded to this request on December 20,
2010. We released 121 pages in full, denied 80 pages in full pursuant
to exemptions, and released 84 in part pursuant to exemptions. Fees
of
$21 were assessed for duplication. These records were shipped by UPS
which confirmed delivery to the address you provided:
MuckRock.com
185 Beacon St. #3
Somerville, MA 02143
Attached is a copy of our response letter.
Sincerely,
Jay Olin
Deputy FOIA Officer
Office of General Counsel
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
(301) 837-2025 (office)
(301) 837-0293 (fax)>>> Shelly Williams <shelly.williams@nara.gov>
3/20/2013 9:48 AM >>>
Hi Jay,
Can you take a look at this. I thought this was done. Anyway it is an
From: MuckRock.com
Files
pages