Processing notes and documents for FOIA 13-0065 (FDIC)

June 2, 2014
Dear Mr. Skelding:
Your Freedom of Information Act/Privacy Act request for documents from FOIA # 13-0065 regarding Westsound Bank (cert 34843): Annual reports for 2005, 2006, 2007 and 2008 was received by the FDIC’s FOIA/Privacy Act Group and assigned Log Number 14-0424.
Please be advised that the FOIA allows 20
business days from date of receipt to process your request, and additional processing time is allowed under certain circumstances.   The FOIA Specialist assigned to your request will contact you as necessary.  Complete information about the FOIA process at the FDIC is available at http://www.fdic.gov/about/freedom/guide.html.
You may call the FDIC’s FOIA Service Center at 202-898-7021 to obtain information about the FOIA process and the status of your request.  If you submitted your request using the FDIC’s Electronic FOIA Request form, you may also track the status of your request by utilizing the FOIA Request Status function at https://efoiarequest.fdic.gov/palMain.aspx.
Please cite your FOIA Log Number in any future inquiries regarding your request.
Sincerely,
FOIA/Privacy Act Group, Legal Division Federal Deposit Insurance Corporation 550 17th Street, NW
Washington, DC 20429-9990

Conor Skelding
MuckRock News
DEPT MR 11918
PO Box 55819
Boston, MA 02205-5819

RE: FDIC FOIA Request Log No. 14-0424

Dear Mr. Skelding:

This is in response to your June 1, 2014 Freedom of Information Act (FOIA) request in which you asked that the FDIC produce to you:
The following documents regarding FOIL # 13-0065, received by the FDIC on 10/26/2012 and submitted by Sanjay Bhatt of the Seattle Times, which regarded "Westsound Bank (cert 34843): Annual reports for 2005, 2006, 2007 and 2008. A high-resolution group photograph of the Board of Directors, and photographs of certain individuals." The request was closed on 11/21/2012, and granted in part.

Documents requested include:

-- Correspondence between Sanjay Bhatt and FDIC FOIA officers
-- Processing notes and internal communications regarding the request
-- Documents released per the request

I am writing this email to you because your request did not include a telephone number where you could be reached.

The FOIA requires that each request reasonably describe the requested information and be made in compliance with an agency's published regulations, including those pertaining to fees. Having carefully considered your request, the FDIC has determined that it is ambiguous in material respects and, therefore, does not reasonably describe the information you would like to obtain. Specifically, your request purports to seek records concerning the FDIC's processing of a previous FOIA request (i.e., FDIC FOIA Request Log No. 13-0065); however, FDIC FOIA Request Log No. 13-0065 did not seek the information described in your restatement of that request. Rather, the information that you described in your request was requested in another FOIA request (i.e., FDIC FOIA Request Log No. 13-0064). It is unclear whether you wish to obtain information embraced by FDIC FOIA Request Log No. 13-0064 or FDIC FOIA Request Log No. 13-0065.

Because your request does not reasonably describe the information that you would like to obtain, the FDIC is unable to further process this request at this time. The further processing of this request has been abated for ten (10) calendar days from the date of this email pending your clarification of the scope of this request. If we do not receive clarification within ten calendar days of the date of this email, the FDIC will assume that you have no further interest in this matter at this time, and your request file will be closed. You may submit a new FOIA request at any time.

For fee purposes, your request has been categorized to be for other than commercial use. Therefore, you would be entitled to 2.0 hours of free search time and to 100 pages of free duplication, but would be responsible for the payment of all other search and duplication costs, whether or not any responsive information is located and, if located, whether or not any responsive information is released or withheld. Thus far, the FDIC has expended 0.25 hours of search time by professional staff in responding to this request.

You did not agree to pay any costs, but instead requested a fee waiver. Because we are unable to further process this request at this time, your request for a fee waiver is moot.

Sincerely,

Jerry Sussman, Senior FOIA Specialist
FOIA/Privacy Act Group - Legal Division
Federal Deposit Insurance Corporation
3501 Fairfax Drive, Room D8006
Arlington, Virginia 22226-3500
Telephone: 703.562.2039
FAX: 703.562.2797
Email: jsussman@fdic.gov

Thank you. We have recommenced the procesing of this request....Jerry

Good morning, Mr. Skelding:

I regret the apparent delay in your receipt of the FDIC's repsonse. I have attached another copy of same.

For future reference, please note the designation of multiple email addresses, as in the case of requests subscribed by "MuckRock News," sometimes has resulted in delays in a requester's receipt of the FDIC's final repsonses to some FOIA requests, and has eventuated in requester status inquiries that ought not to have been necessary.

In this instance, the final response to your request was delivered, by our automated FOIA processing software, in accord with your email address of record. That response was delivered on June 3, 2014. I received an automated message confirming that delivery on that date.

The FOIA does not provide for multiple responses to the same request to be sent to the same requester. Doing so not only diverts limited agency resources but also diverts attention from other FOIA requests that patiently are waiting their turn in the FOIA queue.

Lastly, I recommend that you include in the Subject line of any emails regarding the status of any FOIA request that you submitted to the FDIC the FDIC FOIA Request Log No. rather than a citation to the subject matter of your request. In this instance, your request was processed under FDIC FOIA Request Log No. 14-0424, notwithstanding that the subject matter of your request was an earlier request that had been processed under FDIC FOIA Request Log No. 13-0065.

Please feel free to call me if you have any questions about this matter...Jerry

Attachment:
Final response, Sussman to Skelding, FOIA 14-0424,06/03/2014