Mo Request to Washington DC Metropolitan Area Transit Authority 12/13/2020

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

20-0243

Est. Completion None
Status
No Responsive Documents

Communications

From: Motonari Matsuda


To Whom It May Concern:

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

1. All policy documents and manuals related to the use of Briefcam
2. All purchasing, procurement, and bidding documents related to Briefcam
3. All agreements or MOUs and attachments related to Briefcam

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 15 business days, as the statute requires.

Sincerely,

Motonari Matsuda

From: Washington Metropolitan Area Transit Authority

The Washington Metropolitan Area Transit Authority (WMATA) has received your request for records. More information on the PARP/Privacy process is available on line at: https://www.wmata.com/about/records/

In March 2020, 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, WMATA recently resumed PARP processing, but we anticipate processing times will be longer than usual.

From: Washington Metropolitan Area Transit Authority

Dear Motonari Matsuda,

The Washington Metropolitan Area Transit Authority (WMATA) acknowledges receipt of your December 14, 2020 Public Access to Records Policy (PARP) request for the following records:

1. All policy documents and manuals related to the use of Briefcam;
2. All purchasing, procurement, and bidding documents related to Briefcam; and
3. All agreements or MOUs and attachments related to Briefcam.

Please be advised that 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 Freedom of Information Act (FOIA). Therefore, your request will be processed pursuant to WMATA's Public Access to Records Policy (PARP).[1]

General Information Regarding Requests

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

Please be advised that your request includes records submitted to WMATA by a third party, which requires us to contact the third party to identify confidential and proprietary information. WMATA will not release any records until it has had the opportunity to consult with the third party and received appropriate feedback.

In March 2020, 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, WMATA recently resumed PARP processing, but we anticipate processing times will be longer than usual. If you would like to limit the scope of your request to allow for faster processing, please contact us.

Exemptions

The PARP provides exemptions for certain types of data, including: (1) information that could compromise WMATA infrastructure or security; (2) information that is related solely to the internal personnel rules and practices; (3) information that is exempt by statute; (4) proprietary commercial or financial information; (5) intra-agency and inter-agency memoranda information which would not be made available by law to a party in litigation with WMATA; (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. 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.

[1] The PARP can be found on WMATA's website at https://www.wmata.com/about/records/public-records.cfm, under the section marked "Legal Affairs."

Sincerely,

Suraya Sabri
Associate Counsel
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-2058
F: 202-962-2550
E: ssabri@wmata.com<mailto:ssabri@wmata.com>

If I am unavailable, please contact:

Richard Noh, PARP/Privacy Paralegal
rdnoh@wmata.com<mailto:rdnoh@wmata.com>
202-962-2569

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] The PARP can be found on WMATA's website at https://www.wmata.com/about/records/public-records.cfm, under the section marked "Legal Affairs."

From: Washington Metropolitan Area Transit Authority

Dear Motonari Matsuda,

We are currently working to process your request. At this time we do not have an update. In March 2020, 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, WMATA recently resumed PARP processing, but we anticipate processing times will be longer than usual.

Sincerely,

Suraya Sabri
Associate Counsel
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-2058
F: 202-962-2550
E: ssabri@wmata.com<mailto:ssabri@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 Motonari Matsuda,

This is the Washington Metropolitan Area Transit Authority's (WMATA) final decision in response to your December 14, 2020 Public Access to Records Policy (PARP) request seeking "the following records:

1. All policy documents and manuals related to the use of Briefcam
2. All purchasing, procurement, and bidding documents related to Briefcam
3. All agreements or MOUs and attachments related to Briefcam"

Your request was processed pursuant to WMATA's Public Access to Records Policy (PARP).[1]

Decision

After a search reasonably calculated to find all relevant records, WMATA has found no records responsive to your request.

Processing Fees

WMATA spent less than 2 hours of staff time processing your request. Accordingly, pursuant to PARP § 8.5, the processing fees are waived.

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 Executive Vice President, External Relations, Barbara Richardson, at BRichardson@wmata.com<mailto:BRichardson@wmata.com>, within 30 business days of the date of this decision letter. 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.

[1] The PARP can be found on WMATA's website at https://www.wmata.com/about/records/public-records.cfm, under the section marked "Legal Affairs."

Sincerely,

Suraya Sabri
Associate Counsel
WMATA
600 Fifth Street, NW
Washington, DC 20001
P: 202-962-2058
F: 202-962-2550
E: ssabri@wmata.com<mailto:ssabri@wmata.com>

If I am unavailable, please contact:
Richard Noh, PARP/Privacy Paralegal
rdnoh@wmata.com<mailto:rdnoh@wmata.com>
202-962-2569

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] The PARP can be found on WMATA's website at https://www.wmata.com/about/records/public-records.cfm, under the section marked "Legal Affairs."

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