Messages between Transit Authority and Jason Kessler

Dear Ms. Conti:

This acknowledges and responds to your August 17, 2018, Public Access to Records Policy (PARP) for the following Washington Metropolitan Area Transit Authority (WMATA) records - all electronic communications between Jason Kessler and WMATA.[1]

Please be advised that while your request references the D.C. Freedom of Information Act (DC FOIA), WMATA is an interstate compact agency of the Commonwealth of Virginia, State of Maryland, and the District of Columbia, and not a D.C. 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, we are not subject to the D.C. FOIA. See D.C. Code § 9-1107.1 Section 77.

However, WMATA processed 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."

Decision

Pursuant to PARP Exemption 6.1.1 (sensitive security information and critical infrastructure information), Exemption 6.1.5 (deliberative process), and Exemption 6.1.7(e) (law enforcement techniques and procedures), your request is denied. Releasing such records would jeopardize the security of WMATA operations and the safety of WMATA customers and employees because it would reveal WMATA's operational considerations and security plans that are undertaken for such events. Such records would disclose WMATA's deliberative process and reveal law enforcement techniques and procedures, increasing the likelihood of circumvention of the law. As such, WMATA denies your request for such records.

Appeal Rights

If you wish to appeal WMATA's decision in accordance with PARP § 9.1, you may file a written appeal of the action with the Chief of External Relations, Barbara Richardson, within 30 business days of the date of this correspondence. Further details about our appeals process can be found on our website.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any questions, please contact me at BRashbaum@wmata.com<mailto:BRashbaum@wmata.com> or 202-962-1926. If I am unavailable, please contact Sonia Bacchus at SBacchus@wmata.com<mailto:SBacchus@wmata.com> or 202-962-1093.

Sincerely,

Benjamin Rashbaum

[1] We have interpreted your request as seeking records related to the 8/12/18 Unite the Right Rally, otherwise, your request fails to specify the requested records in sufficient detail to enable WMATA to conduct a targeted search. See PARP Section 7.5.

Benjamin Rashbaum
Assistant General Counsel
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-1926
F: 202-962-2550
E: BRashbaum@wmata.com<mailto:BRashbaum@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.

________________________________

[1] We have interpreted your request as seeking records related to the 8/12/18 Unite the Right Rally, otherwise, your request fails to specify the requested records in sufficient detail to enable WMATA to conduct a targeted search. See PARP Section 7.5.

Dear Ms. Conti,

WMATA received the attached letter on Friday, September 7, 2018. Despite the header, it does not appear to be a PARP Appeal, but rather a new request with a narrowed scope (emails between Jason Kessler and WMATA only between 1/12/18 and 8/13/18). Accordingly, we plan to process it as a new request unless you inform us otherwise.

Please don't hesitate to contact me if you have any questions.

Thank you,
Benjamin Rashbaum

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.

Dear Ms. Conti:

This acknowledges your September 7, 2018, Public Access to Records Policy (PARP) request for the following Washington Metropolitan Area Transit Authority (WMATA) records: all electronic communications between Jason Kessler and WMATA between January 12, 2018 and August 13, 2018.[1]

Please be advised that while your request references the D.C. Freedom of Information Act (DC FOIA), WMATA is an interstate compact agency of the Commonwealth of Virginia, State of Maryland, and the District of Columbia, and not a D.C. 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, we are not subject to the D.C. FOIA. See D.C. Code § 9-1107.1 Section 77.

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."

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

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, requests are processed in the order they are received. Furthermore, additional processing time is required for requests that prove to be complex.

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 substantive legal questions, please contact me at 202-962-1926 or brashbaum@wmata.com<mailto:brashbaum@wmata.com>. With respect to any administrative questions, please contact Richard Noh at 202-962-2569 or RDNoh@wmata.com<mailto:RDNoh@wmata.com>.

Sincerely,

Benjamin Rashbaum

[1] WMATA emailed you on September 11, 2018, in response to your letter. We explained that that despite the header, your letter appeared to be a new request rather than a PARP Appeal, and that we planned to process it accordingly unless you notified us otherwise. To date, you have not responded.

Benjamin Rashbaum
Assistant General Counsel
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-1926
F: 202-962-2550
E: BRashbaum@wmata.com<mailto:BRashbaum@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.

________________________________

[1] WMATA emailed you on September 11, 2018, in response to your letter. We explained that that despite the header, your letter appeared to be a new request rather than a PARP Appeal, and that we planned to process it accordingly unless you notified us otherwise. To date, you have not responded.

Dear Ms. Conti:

This responds to your September 7, 2018, Public Access to Records Policy (PARP) request for the following Washington Metropolitan Area Transit Authority (WMATA) records: all electronic communications between Jason Kessler and WMATA between January 12, 2018, and August 13, 2018.[1]

Please be advised that while your request references the D.C. Freedom of Information Act (DC FOIA), WMATA is an interstate compact agency of the Commonwealth of Virginia, State of Maryland, and the District of Columbia, and not a D.C. 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, we are not subject to the D.C. FOIA. See D.C. Code § 9-1107.1 Section 77.

However, WMATA processed 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."

Decision

Attached are the following records responsive to your request (4 pages total):

· Email correspondence between Jason Kessler and WMATA between January 12, 2018, and August 13, 2018 (4 pages).

Pursuant to PARP Exemption 6.1.6 (personal privacy), we have redacted personal information of individuals whose respective privacy interest outweighs the public interest in disclosure, including email addresses and contact information.

Appeal Rights

If you wish to appeal WMATA's decision in accordance with PARP § 9.1, you may file a written appeal of the action with the Chief of External Relations, Barbara Richardson, at BRichardson@wmata.com<mailto:BRichardson@wmata.com>, within 30 business days of the date of this correspondence. Further details about our appeals process can be found on our website.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any questions, please contact me at BRashbaum@wmata.com<mailto:BRashbaum@wmata.com> or 202-962-1926. If I am unavailable, please contact Sonia Bacchus at SBacchus@wmata.com<mailto:SBacchus@wmata.com> or 202-962-1093.

Sincerely,

Benjamin Rashbaum

Attachment

[1] WMATA emailed you on September 11, 2018, in response to your letter. We explained that that despite the header, your letter appeared to be a new request rather than a PARP Appeal, and that we planned to process it accordingly unless you notified us otherwise. To date, you have not responded. Therefore, we processed it as a new request.

Benjamin Rashbaum
Associate Counsel
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-1926
F: 202-962-2550
E: BRashbaum@wmata.com<mailto:BRashbaum@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.

________________________________

[1] WMATA emailed you on September 11, 2018, in response to your letter. We explained that that despite the header, your letter appeared to be a new request rather than a PARP Appeal, and that we planned to process it accordingly unless you notified us otherwise. To date, you have not responded.