Okaloosa County BOCC — July 1, 2014 — FOIA Fee Payment to Eglin — reading text

DEPARTMENT OF THE AIR FORCE HEADQUARTERS 96TH TEST WING (AFMC) EGLIN AIR FORCE BASE FLORIDA 6 Feb 14 96 TW/CV 101 West D, Ave Bldg 1 Eglin, AFB, FL 32542 Mr. David Miner Okaloosa County/Northwest Florida Regional Airport 1701 State Road 85 North Eglin AFB, FL 32542 Dear Mr, Miner, This letter is in response to your Freedom of Information Act (FOIA) Request dated October 11, 2013, our case # 2013-00215-F, Your request was for a copy of the lease for the hotel that is being built on Okaloosa Island. Some of the information you seek is exempt from release per the DoD 5400.7-R_AFMAN 33-302, Air Force Supplement, Freedom of Information Act Program, Para, C3.2.1.5 Exemption 4 (5 U.S.C. 522 (b)(4)). Exemption 4 states: Those containing trade secrets or commercial or financial information that a DoD Component receives from a person or organization outside the Government with the understanding that the information or record will be retained on a privileged or confidential basis in accordance with the customary handling of such records. The FOIA provides for the collection of fees based on the costs of processing a FOIA request and your fee category. We laced you in the Commercial fee category. In your case, we have assessed a charge of$88.00/for processing your request. The fee was calculated in the following manner: 2 hours of professional level review/excision at $44 per hour. Please make your check payable to 96 CS/SCOK. FOIA and send it to 202 W. Georgia Ave, Suite 113, Eglin AFB, FL 32542 by 9 Mar 2014. To appeal this decision, write to the Secretary of the Air Force within 60 calendar days from the date of this letter. VENDOR KU Departmefi( < ACCOUNT ; INT AK DATE ol LLY sprsvenanecaced Include your reasons for reconsideration and attach a copy of this letter. Address your letter as follows: Secretary of the Air Force THRU: 96 CS/SCOK Attention: FOIA Office 101 Griffin Way Eglin AFB FL 32542 1 Attachment Responsive Records Sincerely, bol. > BO acon MONTE R. CANNON, Colonel, USAF Vice Commander Page 1 of 1 Freedom of Information Act - Nine Exemptions Home | Previous Page U.S. Securities and Exchange Commission Freedom of Information Act Exemptions The Freedom of Information Act entities the following exemptions on documents being requested by the public: 1. Those documents properly classified as secret in the interest of national defense or foreign policy; N Related solely to internal personnel rules and practices; 3. Specifically exempted by other statutes; 4. A trade secret or privileged or confidential commercial or financial information obtained from a person; 5. A privileged inter-agency or intra~-agency memorandum or letter; 6. A personnel, medical, or similar file the release of which would constitute a clearly unwarranted invasion of personal privacy; 7. Compiled for law enforcement purposes, the release of which a. could reasonably be expected to interfere with law enforcement proceedings, ; b. would deprive a person of a right to a fair trial or an impartial adjudication, c, could reasonably be expected to constitute an unwarranted invasion of personal privacy, d. could reasonably be expected to disclose the identity of a confidential source, e, would disclose techniques, procedures, or guidelines for investigations or prosecutions, or f. could reasonably be expected to endanger an individual's life or physical safety; 8. Contained in or related to examination, operating, or condition reports about financial institutions that the SEC regulates or supervises; or 9. And those documents containing exempt information about gas or oil wells, http://www.sec.gov/foia/nfoia. htm Home | Previous Page Modified: 12/01/1999 http://www.sec.gov/foia/nfoia.htm Freedom of Information Act (FOIA) Handbook Page 1 of 7 U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street N.W., Suite 218, Washington D.C. 20036-4505 WWw.OSCc.f0V June 13, 2014 Freedom of Information Act (FOIA) Handbook Freedom of Information Act (FOIA) Handbook i 1. What is the Freedom of Information Act? | r i The Freedom of Information Act (FOIA) is the Federal law that provides access to federal agency records, except for certain types of records protected from disclosure under the Act. The law applies only to agency records in existence at the time of a FOJA request. Click here for text of the FOIA , found at title 5 of the U.S. Code, section 552 (5 U.S.C. § 552). This handbook is a basic outline of FOIA provisions generally, and as implemented by the U.S. Office of Special Counsel (OSC). More detailed information on requirements and procedures followed by OSC in processing FOIA requests can be found in the agency’s-regulations. Click here for text of OSC’s FOIA regulation, found at title 5 of the Code of Federal Regulations, part 1820 (5 C.F.R. Part 1820). e What is the Freedom of Information Act? The Freedom of Information Act (FOIA) is the Federal law that provides access to federal agency records, except for certain types of records protected from disclosure under the Act. The law applies only to agency records in existence at the time of a FOIA request. Click here for text of the FOIA , found at title 5 of the U.S. Code, section 552 (5 U.S.C. § 552). This handbook is a basic outline of FOIA provisions generally, and as implemented by the U.S. Office of Special Counsel (OSC). More detailed information on requirements and procedures followed by OSC in processing FOIA requests can be found in the agency’s regulations. Click here for text of OSC’s FOJA regulation, found at title 5 of the Code of Federal Regulations, part 1820 (5 C.F.R. Part 1820). Who may file a FOIA request? Any U.S. citizen, foreign national, foreign government, state government, partnership, corporation, or association may make a FOIA request. Agencies are not required to process FOJA requests made by fugitives from justice or by an agency acting on behalf of a fugitive. Requests for records of a Federal agency made by a Federal employee acting in his/her official capacity are not treated as FOIA requests. Instead, such requests are processed as requests made under the Privacy Act (5 U.S.C. § 552a). How do I make a FOIA request to OSC? Requests must be submitted in writing either by regular mail, by facsimile, or by e-mail. If sent by regular mail, your letter should clearly be marked "FOIA Request," and should be addressed to: https:/Avww.osc.gov/foia.htm Freedom of Information Act (FOIA) Handbook Page 2 of 7 FOIA Officer U.S. Office of Special Counsel 1730 M St., N.W. (Suite 218) Washington, DC 20036-4505 or by Fax to (202) 254-3711, or by E-mail to: FOlArequest@osc.gov If sent by facsimile, the cover sheet should clearly be marked "FOIA Request," and should be sent to: (202) 254- 3711. Whether sent by mail or by fax, your FOIA request will not be considered to have been received by OSC until it reaches the agency’s FOIA Officer. You should also be aware that making a FOJA request will be considered to be an agreement by you to pay all fees chargeable under the FOIA, up to and including $25.00, unless you ask for and receive a waiver of fees. (See question 10.) e Are there records I can obtain without a FOIA request? Yes. You can obtain many OSC forms, publications, press releases, reports, and other records directly through our web site, at "Forms", "Reading Room", and "Press Releases". Links to frequently requested and other records and information are provided below: General Complaint and disclosure forms The Role of the U.S. Office of Special Counsel (booklet) Political Activity and the Federal Emplovee (booklet) Political Activity and the Federal Employee (2-page information sheet) Political Activity and the State and Local Employee (booklet) Political Activity and the State and Local Employee (2-page information sheet) Annual reports Administrative: Micro-purchase credit card information OSC contract opportunities FOIA: OSC FOIA regulation (5 C.F.R. Part 1820) e What do I need to know to make an appropriate and effective FOIA request? There are certain steps you can take to assist OSC in responding more quickly to your request. To help OSC process your request more efficiently: o Make sure you are as specific as possible in describing the information you seek. If you are seeking specific records from a case file or otherwise, include, whenever possible, the date, title or name, author, or subject https:/Avww.osc.gov/foia.htm Freedom of Information Act (FOIA) Handbook Page 3 of 7 matter of the record you are requesting. Referencing specific case or report numbers is also helpful in reducing response time. o If you are a person (or are representing a person) who filed a complaint or disclosure, and you are requesting records from OSC’s file in the matter, specify what file records you are requesting. For example, indicate clearly whether you want: (a) only a copy of records previously exchanged between you and OSC, (b) everything except records previously exchanged between you and OSC; or (c) all file records, including those previously exchanged between you and OSC. Based on OSC’s experience with past FOIA requests, and to save time and expense to the requester, we may assume — unless specified otherwise — that persons who have filed complaints or disclosures with this agency are not asking for records already exchanged between them and OSC in the matter. Keep in mind that file records other than those previously exchanged between you and OSC are likely to be subject to withholding under the FOIA (see explanation in question 9). Narrowing the scope of your request to previously exchanged records simplifies the request and is likely to speed its processing. Depending upon the number of pages to be copied in response to any request, a copying fee may be charged (see item 10, below, for further information about fees). o Ifyou are not a person who filed a complaint or disclosure with OSC, most, if not all, documents in a case file will likely be withheld by OSC (see explanation in question 9). o OSC receives several requests each year seeking records that have never been maintained by the agency. OSC is not a repository for all Federal government documents, and is not authorized to respond to FOIA requests for records not within its possession or control. Even if copies of another agency’s records may be in OSC files (e.g., pursuant to an OSC investigation), this agency may not be authorized to release them in response to a FOJA request. o If your request is very broad (e.g., you are asking for records spanning a period of years), the time needed to answer your request will likely be longer than if you reduce the scope of the request. o The FOIA does not require an agency to create records to comply with a request. An agency is also not required by law to answer questions posed as FOIA requests. See, e.g., DiViaio v. Kelley, 571 F.2d at 542- 43 (10th Cir. 1978). To avoid confusion, we recommend that you describe as clearly as possible the record or information you seek, without putting it into a question format. If information is accessible from existing agency records without undue burden on the agency, and is not exempted from release, it is available under the FOIA. e How long will it take to process my FOIA request? OSC uses a multi-track system to manage its caseload of FOIA requests. This means that FOIA requests are generally processed by OSC in the order they were received, based on their complexity. FOIA requests requiring little or no search, review, or analysis are categorized as “simple” requests. These are processed immediately, in order of receipt. FOIA requests for records requiring search, review, or analysis are categorized as “complex” requests. OSC's FOIA Officer acknowledges complex requests as soon as they are received with a letter indicating where the request stands in the line of pending requests. Complex requests