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

are further categorized by the level of effort (search, review, and/or analysis) anticipated in processing the request. Requests that involve the entire contents of a case file, or that require extensive search, review, and analysis are placed in the “Complex A” processing track. Those requiring comparatively less effort (such as requests for copies of correspondence previously exchanged between the requester and OSC, or for https://www.osc.gov/foia.htm Freedom of Information Act (FOIA) Handbook Page 4 of 7 specifically identified documents) are placed in the “Complex B” processing track. Complex requests in each track are processed on a first-in/first-out basis, with the simpler track receiving first priority. At present, many requests are processed within the 20-working day timetable established by the FOIA. Typically, complex requests are processed as soon as possible thereafter. Can I check the status of my FOIA request? Yes. A requester may obtain status information by contacting the FOIA Officer by regular mail or fax (see question 3), or by calling (202) 254-3716. Under what circumstances can the processing of my request be expedited? Requests and appeals will be taken out of order and given expedited treatment whenever OSC has established to its satisfaction that: (a) failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (b) with respect to a request made by a person primarily engaged in disseminating information, an urgency exists to inform the public about an actual or alleged federal government activity; or (c) records requested relate to an appeal that is pending before, or that the requester faces an imminent deadline for filing with, the Merit Systems Protection Board or other administrative tribunal or a court of law, seeking personal relief pursuant to a complaint filed by the requester with OSC, or referred to OSC pursuant to title 38 of the U.S. Code. Requesters must submit documentation showing they have met one of the three requirements for expedited processing. OSC will decide whether to grant a request for expedited processing and notify the requester of its decision within 10 calendar days of the FOIA Officer's receipt of the request. If the request for expedited processing is granted, the request for records shall be processed as soon as practicable. If a request for expedited processing is denied, any administrative appeal of that decision will be acted on expeditiously. What types of information may be withheld from me? OSC is an investigative and prosecutorial agency. As such, the contents of its case files are usually subject to withholding under FOIA. Most case file records (other than correspondence and other documents previously exchanged between a requester and OSC — see item 5, above, for discussion of those records) are withheld, in whole or in part, on the basis of four of the FOIA's nine exemptions. A description of those exemptions, and the types of OSC case file records typically covered by those exemptions, follows: o FOIA exemption (b)(2) authorizes agencies to withhold information related solely to the internal personnel rules and practices of an agency. 5 U.S.C. § 552(b)(2) OSC documents covered by this exemption include two different categories of information: (1) records with information on routine internal personnel matters, correspondence control information, routing slips, administrative data forms, case tracking information and computer or other administrative codes; and (2) records with more substantive internal information, disclosure of which would risk circumvention of a legal rule, regulation or requirement. https://www.osc.gov/foia,htm Freedom of Information Act (FOIA) Handbook Page 5 of 7 o FOIA exemption (b)(5) allows agencies to withhold inter-agency or intra-agency memorandums or letters which would not be available to a party in litigation with the agency. 5 U.S.C. § 552(b)(5) This exemption applies to documents protected from disclosure by various legal privileges, including the attorney work product and deliberative process privileges. The contents of OSC case files are frequently covered by one or both of these privileges. Many materials in case files are attorney work product. This is because when someone files a complaint with OSC alleging a possible violation of law, or when OSC otherwise obtains information about a possible violation of law, information is compiled by staff for the use of OSC attorneys in anticipation of possible litigation to obtain corrective and/or disciplinary action for any violations. Records made for that purpose continue to be protected regardless of the status of the case or passage of time. OSC is not required to segregate factual data from non-factual data in attorney work product materials. OSC case files also contain memoranda, notes and other documents prepared by complaint examiners, investigators, and attorneys as part of the agency decision making process about allegations under review. Such records are generally protected from disclosure under the deliberative process privilege of exemption (b)(5). Records in OSC case files subject to withholding under exemption (b)(5) generally consist of complaint examiner, investigator, and/or attorney notes, analyses, recommendations, interview summaries or transcripts, and investigative reports or summaries. o FOIA exemption (b)(7) allows agencies to withhold information compiled for law enforcement purposes under various circumstances. 5 U.S.C. § 552(b\(7) This exemption allows agencies to withhold information in law enforcement files when disclosure could reasonably be expected to interfere with pending or prospective enforcement proceedings (such as investigations, or corrective or disciplinary action proceedings before the MSPB). The exemption also allows agencies to withhold information in law enforcement files when disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy. Exemption (b)(7) generally applies to references to, and information about, complainants, witnesses and sources, and subjects named or described in records or information compiled by OSC for law enforcement purposes. Information that may be withheld includes names, addresses, and information provided by or about these individuals. o Ifa FOIA requester (other than the filer of a complaint or disclosure received by, or referred to, the OSC) seeks information about the identity of a complainant, subject, or witness in an OSC case file, the OSC will not be able to confirm or deny the existence of such a case without a written waiver from the third party identified in the request. This is because any acknowledgement that responsive records or information exist could lead members of the public to draw adverse inferences from the mere fact that a person is mentioned in the files of a law enforcement agency. This protection is provided under exemption (b)(7), described above. o One other FOIA exemption can be applied to protect personal information in OSC case files and other records. Exemption (b)(6) allows agencies to withhold information in personnel, medical, and similar files when disclosure would constitute a clearly unwarranted invasion of personal privacy. 5 U.S.C. § 552(b)(6). It applies, for example, to information about home addresses and telephone numbers; Social Security numbers; data about race, age, education, or other personal information. e Will I be assessed fees for information provided under the FOIA? The FOIA and OSC regulations permit us to recover some of the direct costs of providing information to FOIA requesters. OSC may charge a fee for document search, review and reproduction based on the category of https://www.osc.gov/foia.htm Freedom of Information Act (FOIA) Handbook Page 6 of 7 requester. Fee categories are as follows: (1) commercial use requests — requests for information from an individual or entity seeking information to further the commercial, trade, or profit interests of the requester; (2) requests from educational and non-commercial scientific institutions and the news media; and (3) all other requesters. Search fees will be charged to all requesters, except educational institutions, non-commercial scientific institutions and news media requesters. Commercial requesters will also be charged fees for review of requested documents to determine whether all or any portion of a document is exempt from disclosure. Non-commercial requesters will receive the first 100 pages of duplication (or the cost equivalent) and the first two hours of search (or the cost equivalent) free of charge. After 100 pages, a fee of $.25 per page will be charged for duplication. For specific fee schedules, see OSC's FOIA regulation at 5 C.F.R. § 1820.7. e What can I do if my FOIA request is denied? If your request for records is denied, and you believe there is a legal reason that they should have been disclosed, you may appeal the decision administratively. The FOIA requires federal agencies to notify requesters of their right to appeal an agency decision denying access to records in response to a FOIA request. In addition, OSC has a FOJA Public Liaison who will help resolve disputes concerning the release of records or any other FOIA customer service concerns. You may contact our FOIA Public Liaison, Kenneth Hendricks, at (202) 254-3600. e How do! file a FOIA appeal? You may appeal an adverse decision on your FOIA request to the appeal official designated in the decision letter, or to: Office of General Counsel U.S. Office of Special Counsel 1730 M Street, N.W. (Suite 218) Washington, DC 20036-4505 or by Fax to (202) 254-3711, or by E-mail to: FOlAappeal@osc.gov The appeal must be in writing, and be sent by regular mail or by fax. OSC's FOIA regulation, at 5 C.F.R. § 1820.6, specifies that an appeal must be received by the Office of General Counsel within 45 days of the date of the letter denying the FOIA request. For the quickest possible handling, the appeal letter and envelope or any fax cover sheet should be clearly marked “FOIA Appeal,” and should identify the decision (including the assigned FOIA request number, if known) being appealed. e What happens if my appeal is denied? hitps://www.osc.gov/foia.htm Freedom of Information Act (FOIA) Handbook Page 7 of 7 If the appeal is denied in whole or in part, OSC’s written appeal decision will inform you of your right to judicial review of that determination. FOIA Implementation Plan pursuant to Executive Order 13,392, as modified On December 14, 2005, President Bush signed Executive Order No. 13,392, entitled, “Improving Agency Disclosure of Information.” The executive order required that all federal agencies evaluate their FOIA program and to produce a plan with goals and timeframes for streamlining the processing of requests and increasing public awareness of its FOIA procedures. A link to OSC’s plan is provided below: FOIA Improvement Plan Backlog Reduction Goals Other Useful FOIA Resources U.S. Department of Justice FOIA web site “Your Right to Federal Records, Questions and Answers on the Freedom of Information Act and the Privacy Act” [a guide issued by the U.S. Department of Justice (DOJ), and the U.S. General Services Administration in May 2006] “A Citizen’s Guide on Using the Freedom of Information Act (FOIA) and the Privacy Act of 1974 to Request Government Records” [a report by the U.S. House of Representative Committee on Government Reform, September 20, 2005] Last Updated: 2/28/14 https://Awww.osc.gov/foia.htm