Tyson Foods USDA Bribes (USDA)

Mr. Smathers,

Your FOIA/Privacy Act request below appears to have been initially sent to a non-working USDA email address. The information requested appears to fall in part under the Privacy Act, 5 U.S.C. § 552a. In order to process it, more specific details are required:

1) For Item 1, please state with specificity the types of records you are requesting: Is it personnel records, documents related to Mr. Spencer's employment or created by Mr. Spencer? Please provide the dates of his employment, if you know this. Please note that many of records pertaining to individuals may be protected by the Privacy Act. Also, you refer to Mr. Spencer being an "NACC Poultry Grader". Could you please provide the meaning of the abbreviation "NACC"? This doesn't appear to relate to any current USDA program or office.

2) For Item 2, please state with specificity the types of records you are requesting. Again, please note that many records pertaining to individuals may be protected by the Privacy Act.

3) For Item 3, please provide a time range for a search for such records (starting date and ending date), and describe the records in greater detail. Are you referring to a specific investigation or case? Do you have any identifying information about such a case, i.e., who initiated the case, a case number, or person(s) involved in the case?

4) For Item 4, please provide a time range for a search for such records (starting date and ending date), and describe the records in greater detail. Are you referring to a specific investigation or case? Do you have any identifying information about such a case, i.e., who initiated the case, a case number, or person(s) involved in the case? Again, please note that many records pertaining to individuals may be protected by the Privacy Act; also, that records concerning law enforcement proceedings, past or present, may be withheld under the Freedom of Information Act.

Please refer to our link containing a summary of Privacy Act requirements below and be advised that when requesting information protected under the Privacy Act, prior written consent of third party subjects is required, as well as authentication of the identity of the requester of the information.

When this additional information will be provided we will attempt to locate any responsive records at USDA. Please don't hesitate to contact me by telephone or email if you have any additional questions.

Thank you for contacting us.

Sincerely,

Joseph Tangredi
USDA FOIA Service Center
202-720-8164

-----Original Message-----
From: requests@muckrock.com [mailto:requests@muckrock.com]
Sent: Tuesday, November 29, 2011 8:40 AM
To: USDAFOIA
Subject: Follow up to Freedom of Information Request: Tyson Foods USDA Bribes (USDA)

November 29, 2011
Department of Agriculture
USDA OFFICE OF THE SECRETARY
FOIA Requester Service Center
Primary FOIA Officer and Contact, Courtney L. Wilkerson, Esq.
Washington, DC 20250

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 Aug. 3, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On Nov. 29, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 3, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On Aug. 3, 2011:

To Whom It May Concern:

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

All records, on, about, mentioning, or concerning any of the following:
1) Artle B. Spencer, whom was a former USDA employee, born 6/12/1908 in Tecumseh, Oklahoma. He was a NACC Poultry Grader, Consumer Marketing Services, poultry division, U. S.Department of Agriculture, Springdale, Arkansas;
2) AUDREY VERNICE SPENCER, wife of former USDA employee Artle B. Spencer. Audrey was accused of having an improper relationship with Tyson foods where she was hired as an art consultant from 1965 to 1967 while her husband was a USDA inspector responsible for the Tyson plant.
3) Tyson foods where the records concern bribes, potential bribes, investigations of possible bribes, or any related conduct.
4) Donald John Tyson (aka: Don Tyson), where the records concern bribes, potential bribes, investigations of possible bribes, or any related conduct.

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,

Jason Smathers

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 752
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.

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

Mr. Smathers,

Your FOIA/Privacy Act request below appears to have been initially sent to a non-working USDA email address. The information requested appears to fall in part under the Privacy Act, 5 U.S.C. § 552a. In order to process it, more specific details are required:

1) For Item 1, please state with specificity the types of records you are requesting: Is it personnel records, documents related to Mr. Spencer's employment or created by Mr. Spencer? Please provide the dates of his employment, if you know this. Please note that many of records pertaining to individuals may be protected by the Privacy Act. Also, you refer to Mr. Spencer being an "NACC Poultry Grader". Could you please provide the meaning of the abbreviation "NACC"? This doesn't appear to relate to any current USDA program or office.

2) For Item 2, please state with specificity the types of records you are requesting. Again, please note that many records pertaining to individuals may be protected by the Privacy Act.

3) For Item 3, please provide a time range for a search for such records (starting date and ending date), and describe the records in greater detail. Are you referring to a specific investigation or case? Do you have any identifying information about such a case, i.e., who initiated the case, a case number, or person(s) involved in the case?

4) For Item 4, please provide a time range for a search for such records (starting date and ending date), and describe the records in greater detail. Are you referring to a specific investigation or case? Do you have any identifying information about such a case, i.e., who initiated the case, a case number, or person(s) involved in the case? Again, please note that many records pertaining to individuals may be protected by the Privacy Act; also, that records concerning law enforcement proceedings, past or present, may be withheld under the Freedom of Information Act.

Please refer to our link containing a summary of Privacy Act requirements below and be advised that when requesting information protected under the Privacy Act, prior written consent of third party subjects is required, as well as authentication of the identity of the requester of the information.

http://www.ars.usda.gov/is/foia/privacy.htm

When this additional information will be provided we will attempt to locate any responsive records at USDA. Please don't hesitate to contact me by telephone or email if you have any additional questions.

Thank you for contacting us.

Sincerely,

Joseph Tangredi
USDA FOIA Service Center
202-720-8164

Dear Mr. Smathers:

Your FOIA request below has been referred to USDA's Agricultural Marketing Service (AMS). Because the records you seek are quite old (i.e., from between 1965 and 1975), it is highly unlikely any of these records would continue to reside at USDA headquarters. Instead, it is most likely that any such records, if they still exist, would be housed at the National Archives and Records Administration (NARA) in a records storage facility. I believe Ms. Valerie Emmer, the AMS FOIA Officer, is researching your request and will contact NARA to determine if such records may still exist and can be located.

Thank you,

Joseph Tangredi
USDA FOIA Service Center
202-720-8164

Mr. Smathers, please find attached my letter acknowledging receipt of your FOIA request, originally sent to Courtney Wilkerson, former USDA Chief FOIA Officer. Your request was subsequently referred to AMS by Joseph Tangredi on February 3, 2012.

This letter is also being mailed to you today.
This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

Thanks, Val.

Mr. Smathers, please find attached our final response to the above-numbered FOIA request, relating to personnel records of Mr. Artie B. Spencer, et al.

This letter is also being mailed to you today.

Valerie L. Emmer-Scott
AMS Freedom of Information Act Officer
Privacy Act Officer
Legislative and Regulatory Review Staff
Stop 0202, Room 3521-S
1400 Independence Ave., S.W.
Washington, DC 20250
Phone: (202) 720-2498
Fax: (202) 690-3767

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

Mr. Smathers, attached is the corrected final response. Your inside address was corrected to show the State of Massachusetts spelled out, rather than abbreviated.

Valerie L. Emmer-Scott
AMS Freedom of Information Act Officer
Privacy Act Officer
Legislative and Regulatory Review Staff
Stop 0202, Room 3521-S
1400 Independence Ave., S.W.
Washington, DC 20250
Phone: (202) 720-2498
Fax: (202) 690-3767

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.