Copy of FOIA Request (Washington Metropolitan Area Transit Authority)

George Johnston filed this request with the Washington Metropolitan Area Transit Authority of Washington, DC.
Tracking #

20-0095

Multi Request Copy of FOIA Request
Status
Rejected

Communications

From: George Johnston


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

A copy of the Daily Mail's FOIA request submitted some time around June/July 2018.

Featured in this article: https://www.dailymail.co.uk/news/article-5997025/Obama-advisor-William-Mendoza-seen-taking-picture-womans-skirt-DC-Metro.html

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

George Johnston

From: Washington Metropolitan Area Transit Authority

The Washington Metropolitan Area Transit Authority (WMATA) has received your request for records. You should receive a formal acknowledgment from the assigned attorney within ten (10) business days of receipt. More information on the PARP/Privacy process is available on line at: https://www.wmata.com/about/records/

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston:

This acknowledges your March 16, 2020 Public Access to Records Policy (PARP) request to the Washington Metropolitan Area Transit Authority (WMATA) for “a copy of the Daily Mail’s FOIA request” related to the article link provided, which you indicated was submitted “some time around June/July 2018.”

Please be advised that while your request references the Freedom of Information Act (FOIA), WMATA is an interstate compact agency of the Commonwealth of Virginia, State of Maryland, and the District of Columbia, and not a federal agency. See Pub. L. No. 89–774, 80 Stat. 1324 (1966); Va. Code Ann. § 33.2–3100; Md. Code Ann., Transp. § 10–204; D.C. Code Ann. § 9–1107.1). Accordingly, WMATA is not subject to the FOIA.

However, WMATA is processing your request pursuant to its Public Access to Records Policy (PARP), which is available online at https://www.wmata.com/about/records/public-records.cfm under the section marked "Legal Affairs."

Time Period for Processing Requests

WMATA generally aims to respond to a request for records within 20 business days following receipt of the request.

However, please be advised that the COVID-19 virus has been declared a pandemic by the World Health Organization. Moreover, the President of the United States has recently declared a national emergency due to the virus, and the District of Columbia, the Commonwealth of Virginia, and the State of Maryland have also declared public health emergencies in response thereto. Given these emergency conditions and the need for WMATA staff to support urgent safety and mission critical operational issues, processing of PARP requests has been temporarily suspended until further notice.

Also, due to the pandemic, WMATA has instituted Phase 3 of its Pandemic Flu Plan, which, among other things, mandates telework for employees capable of telework. Accordingly, there could be delays in receiving and responding to messages.

Although we are not yet able to provide any responsive records, we can impart the following general information regarding your request:

Exemptions

The PARP provides exemptions for certain types of data, including: (1) information that could compromise WMATA infrastructure or security; (2) information that is solely related to the internal personnel rules and practices; (3) information that is exempt by statute; (4) proprietary commercial or financial information; (5) internal deliberations on policy matters or attorney-client privileged communications; (6) information that, if released, would cause a clearly unwarranted invasion of personal privacy; (7) certain information compiled for law enforcement purposes; (8) registered SmarTrip® information; and (9) customer financial information. Generally, WMATA’s response will not include any exempt information.

Processing Fees

The PARP also provides for the assessment of fees associated with a request that requires more than two hours of staff time to process. These fees are calculated at the employees' basic rate of pay, plus an additional 50 percent to cover benefits, for the time spent responding to a request. In general, a request is considered an agreement to pay all applicable fees. Advance payment is required where the fees are likely to exceed $250.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any questions, please contact me at MBFerrari@wmata.com<mailto:MBFerrari@wmata.com> or 202-962-2646. If I am unavailable, you may contact Richard Noh at rdnoh@wmata.com<mailto:rdnoh@wmata.com> or 202-962-2569.

Sincerely,

Michael Ferrari
--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Good afternoon Mr. Johnston,

Processing of PARP requests continues to be suspended during the current emergency; therefore, no further information regarding a response date is available at this time.

Sincerely,

Michael
--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston,

Due to emergency conditions and the need for WMATA staff to support urgent safety and mission critical operational issues, processing of PARP requests continues to be temporarily suspended until further notice.

Sincerely,

Michael Ferrari

--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston,

Due to emergency conditions and the need for WMATA staff to support urgent safety and mission critical operational issues, processing of PARP requests continues to be temporarily suspended until further notice.

Sincerely,

Michael Ferrari
--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston,

Due to the pandemic, processing of PARP requests remains temporarily suspended. Once processing of PARP requests resumes, your request will be processed in the order it was received.

Thank you,

Michael
--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston,

Due to the pandemic, processing of PARP requests remains temporarily suspended. Once processing of PARP requests resumes, your request will be processed in the order it was received.

Thank you,
Michael
--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston:

Thank you for your patience while PARP processing was suspended because of WMATA’s need to address critical safety and operational issues due to the declared federal and local COVID-19 public health emergencies and stay at home orders. Although the public health emergencies are still in place, we are preparing to resume PARP processing in the coming weeks.

Please confirm your ongoing interest in your request within 10 business days, by close of business Tuesday, September 8, 2020. If we do not hear from you by the deadline, your request will be closed.

Sincerely,

Michael

--
Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
600 Fifth Street, NW
Washington, D.C. 20001
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

From: Washington Metropolitan Area Transit Authority

Dear Mr. Johnston:

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