Travel Expense Reports for John C. Beale

CJ Ciaramella filed this request with the Environmental Protection Agency of the United States of America.
Tracking # HQ-2013-010366
Est. Completion None
Status
Fix Required

Communications

From: CJ Ciaramella

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All travel expense records for John C. Beale, formerly of the office of air and radiation, from Jan. 1, 2008 through Jan. 1, 2012. This includes any copies of receipts or public credit card statements filed as part of the report, with sensitive data removed.

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,

CJ Ciaramella

From: hq.foia@epa.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2800c97ff)
* Tracking Number: EPA-HQ-2013-010366
* Requester Name: C J Ciaramella
* Date Submitted: Fri Sep 27 00:00:00 EDT 2013
* Request Status: Submitted
* Description:
Requesting all travel expense records for John C. Beale, formerly of the office of air and radiation, from Jan. 1, 2008 through Jan. 1, 2012.

From: hq.foia@epa.gov

10/17/2013 12:31 PM FOIA Request: EPA-HQ-2013-010366

From: Vanselow, Deborah

This is in response to your Freedom of Information letter of September 27, 2013 for travel records of John C. Beale from January 1, 2008 thru January 2, 2012.

Please find said documents attached. However, we have withheld the following information:

* Mr Beale's personal email address, and his frequent flyer airline number, and his home address

* Names of individuals in the routing chain of his vouchers

If you consider this to be a denial, you may appeal this denial to the National Freedom of Information Officer, U.S. EPA, FOIA and Privacy Branch, 1200 Pennsylvania Avenue, N.W. (2822T), Washington, DC 20460 (U.S. Postal Service Only), FAX: (202) 566-2147, E-mail: hq.foia@epa.gov<mailto:hq.foia@epa.gov>. Only items mailed through the United States Postal Service may be delivered to 1200 Pennsylvania Avenue, NW. If you are submitting your appeal via had delivery, courier service or overnight delivery, you must address your correspondence to 1301 Constitution Avenue, N.W., Room 6416J, Washington, DC 20004. The appeal must be made in writing, and it must be submitted no later than 30 calendar days from the date of this letter. The Agency will not consider appeals received after the 30 calendar day limit. The appeal letter should include the RIN listed above. For quickest possible handling, the appeal letter and its envelope should be marked "Freedom of Information Act Appeal."

Title 40 CFR 2.107(c) requires that requesters be charged the full allowable direct costs incurred by the Agency in responding to a FOIA request. However, CFR 2.107(c) establishes different fees for different categories of requesters. Your request falls into a category the Agency describes as "news/media". The Agency's fees for processing this category of requests are as follows:
Clerical staff time is billed at $4.00 per 15 minutes of search and/or review
Professional staff time is billed at $7.00 per 15 minutes of search and/or review
Managers' time is billed at $10.25 per 15 minutes of search and/or review
Duplication costs are billed at $.15 per page (less first 100 pages)
No fee will be charged for services at or below $14.00

This request does not the meet the minimum charge, therefore no Bill will be issued. Please contact Debbie Vanselow, 513.487.2064 should you have any questions concerning this matter.

From: hq.foia@epa.gov

Your request for Fee Waiver for the FOIA request EPA-HQ-2013-010366 has been
denied.
Additional details for this request are as follows:
* Request Created on:
09/27/2013
* Request Long Description:
Requesting all travel expense records for John C. Beale, formerly of the office of air and radiation, from Jan. 1, 2008 through Jan. 1, 2012.

From: CJ Ciaramella

Freedom of Information Officer
U.S. EPA, FOIA and Privacy Branch
1200 Pennsylvania Avenue, N.W. (2822T)
Washington, DC 20460
FAX: (202) 566-2147
E-mail: hq.foia@epa.gov

Dear FOIA Officer:
This is a Freedom of Information Act appeal regarding my Freedom of Information letter of September 27, 2013 for travel records of John C. Beale from January 1, 2008 thru January 2, 2012—tracking number EPA-HQ-2013-010366.

On October 28, 2013, I received a completed response. However, the EPA redacted the names of individuals in the routing chain of his vouchers

I write to appeal the exemption of names of in the routing chain of his vouchers.The response to my FOIA request did not cite the exemption used in this instance, but it would appear to be (b)(6).

Exemption (b)(6) exists to protect individuals from "clearly unwarranted invasion of personal privacy." The Supreme Court has stated that the privacy rights of individuals must be weighed against the extent to which disclosure would serve the "core purpose of the FOIA," which is "contribut[ing] significantly to public understanding of the operations or activities of the government." Department of Defense v. F.L.R.A., 114 S.Ct. 1006, 1012 (1994).

Please note that "In the Act generally, and particularly under Exemption (6), there is a strong presumption in favor of disclosure." Local 598 v. Department of Army Corps of Engineers, 841 F.2d 1459, 1463 (9th. Cir. 1988).

In this case, the FOIA request seeks documents related to an EPA employee who defrauded the agency and taxpayers out of nearly $900,000 over the course of two decades: http://freebeacon.com/the-spook-that-never-was/

Even under a generous interpretation of exemption (b)(6), releasing the names of the agency supervisors who approved Beale's fraudulent and excessive travel vouchers can neither be considered clearly unwarranted or invasive, nor do those concerns outweigh the public interest in a case of massively fraudulent behavior and lack of oversight at a government agency entrusted to responsibly use taxpayer funds. Any balancing test must find in favor of disclosure.

In the event this appeal is denied, the Agency is required to provide a written response describing the reasons for the denial, names and titles of each person responsible for the denial, and the procedures required to invoke judicial assistance in this matter. 5 U.S.C. § 552(a)(6)(ii), 7 C.F.R. § 1.8(d). I await your prompt reply.

Sincerely,

CJ Ciaramella
(503) 951-9863
1600 K ST NW SUITE 200
Washington, DC 20005

From: Environmental Protection Agency

A letter stating that the request appeal has been received and is being processed.

From: hq.foia@epa.gov

01/31/2014 03:58 PM FOIA Request: EPA-HQ-2013-010366

From: hq.foia@epa.gov

04/09/2014 10:40 AM FOIA Request: EPA-HQ-2013-010366

From: MuckRock

This communication is in regards to EPA-HQ-2013-010366 copied below. The most recent response was sent in a .msg file which was not able to be opened. Please resend in a more universal format (.pdf,.doc,.txt,.xls,.csv).

Thank you.

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 Sept. 27, 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 #EPA-HQ-2013-010366.

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 Sept. 27, 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 #EPA-HQ-2013-010366.

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 Sept. 27, 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 #EPA-HQ-2013-010366.

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 Sept. 27, 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 #EPA-HQ-2013-010366.

Thank you for your help.

From: Salahuddin, Diane

Good Afternoon,

Your FOIA request was responded to and closed out in FOIAonline in April, 2014. Your response has been uploaded into FOIAonline. You can go
to FOIAonline.gov and enter the FOIA request number (EPA-HQ-2013-010366) to obtain your response. Please let me know if you have any questions.

Thank you.

Diane C. Salahuddin
Management Analyst
EPA-OCFO-ORIM
202-564-3904

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 Sept. 27, 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 #EPA-HQ-2013-010366.

Thank you for your help.

From: Salahuddin, Diane

Good morning,

Please go into the FOIAonline to get the latest status of your FOIA request.

Thank You.

Diane C. Salahuddin
Management Analyst
EPA-OCFO-ORIM
202-564-3904

From: Environmental Protection Agency

A fix is required to perfect the request.

From: Stilp, Mark

Re: FOIA Appeal EPA-HQ-2014-001070

Dear Mr. Ciaramella:

I am contacting you in regard to your November 8, 2013 Freedom of Information Act (FOIA) appeal.

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