FOIA News: EPA employees file FOIA suit re telecommuting policies

Environmental Protection Agency Workers File Suit Over Remote Work Policies

EPA workers in the agency's largest region allege that their remote work requests have been unfairly denied.

By Michael Gennara, Gov’t Exec., Oct. 28, 20

Environmental Protection Agency workers in the midwest are suing the agency, seeking disclosure of documents under a Freedom of Information Act request. The document request is related to the agency’s remote work policies for employees of the EPA’s Region 5 Office and its application to specific employees.

Region 5 is the largest of the EPA’s 10 national regions, and includes Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.

These EPA employees, represented by American Federation of Government Employees Local 704, allege in a lawsuit filed on Oct. 20 that requests to work remotely have been unfairly denied to Region 5 workers even though productivity has remained high with remote work. 

Read more here.

FOIA News: OGIS Part 3

Understanding the Office of Government Information Services (part 3/4)

By Office of Gov’t Info. Serv., FOIA Ombudsman, Oct. 27, 2022

In our previous two blog posts “Understanding the Office of Government Information Services” parts 1 and 2, we provided a basic overview of how OGIS is structured and highlighted aspects of our dispute resolution program. In this post we’ll touch on the specific nuances of our compliance program. 

How does OGIS’s compliance work?

OGIS reviews agency policies, procedures and compliance through an impartial lens as an advocate for the FOIA process. We do this by:

• assessing issues that we observe while assisting requesters and agencies with the FOIA process;

• offering assessments of individual agency FOIA programs;

• highlighting agency best practices;

• reviewing and commenting on proposed agency FOIA regulations;

• reviewing and suggesting improvements to agency FOIA materials;

• working with agencies when we observe policies and procedures that appear to OGIS to be inconsistent with FOIA law or policy; and

• reviewing government and non-government reports on FOIA activities and compliance.

Read more here.

FOIA News: Air Force takes 'full responsibility' for Jennifer-Ruth Green sexual assault leak, GOP congressmen say

Air Force takes 'full responsibility' for Jennifer-Ruth Green sexual assault leak, GOP congressmen say

Indiana Reps. Jim Banks and Larry Bucshon said the records were provided to 'an opposition research firm' ahead of the state's Nov. 8 election

By Kyle Morris, Fox News, Oct. 26, 2022

EXCLUSIVE: The Air Force has taken responsibility for the release of an Indiana Republican House candidate's confidential personnel records that contained details about her sexual assault, according to two GOP congressmen from the Hoosier State.

In a joint statement that was first shared with Fox News Digital, Indiana GOP Rep. Jim Banks, who serves on the House Armed Services Committee, and Indiana GOP Rep. Larry Bucshon, described a discussion they had with Air Force Inspector General Lt. Gen. Stephen Davis about the Air Force Personnel Center’s release of Indiana 1st Congressional District candidate Air Force Lt. Col. Jennifer-Ruth Green’s confidential personnel records:

Read more here.

Court opinion issued Oct. 21, 2022

Reporters Comm. for Freedom of the Press v. FBI (D.D.C.) -- determining that: (1) FBI improperly relied on Exemption 7(C) to withhold pseudonyms used by agency in its investigation of Clive Bundy; (2) FBI properly withheld names of four Special Agents pursuant to Exemption 7(C), notwithstanding their trial testimony or news reports associating them with the Bundy investigation, because plaintiff failed to show that those Special Agents were involved in specific aspect of the investigation covered by records at issue; (3) FBI properly withheld four categories of records pursuant to Exemption 7(E), rejecting plaintiff’s argument that foreseeable harm provision applies to Exemption 7(E).

Summaries of all published opinions issued since April 2015 are available here.

Court opinion issued Oct. 19, 2022

Satterlee v. IRS (W.D. Mo.) -- granting agency’s supplemental motion for summary judgment after finding that agency released all remaining responsive records, specifically the oath of office of a Revenue Officer and plaintiff’s taxpayer transcripts, which documented all “balance-due notices” that had been sent to plaintiff.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Diversity data still pending at Labor

Labor Department Reluctant to Reveal Contractor Diversity Data

• Federal contractors required to report diversity stats to government

• But public not able to see contractor hiring information

By J. Edward Moreno, Bloomberg Law, Oct. 20, 2022

The Labor Department branch charged with enforcing affirmative action rules for federal contractors is working to keep those same companies’ demographic data out of the public eye.

The government argues that the information could potentially hurt the contractors competitively, and that it has a legal requirement to give each of the approximately 15,000 companies a chance to object to an exhaustive Freedom of Information Act request from the Center for Investigative Reporting asking that they turn over the information.

Thousands of contractors collecting over $630 billion in taxpayer dollars each year keep everything from office cafeterias to the military running for the American people, but with virtually no public transparency about how they are faring at hiring and promoting women and minorities.

Read more here.

FOIA News: OGIS, Part 2

Understanding the Office of Government Information Services (part 2/4)

By Office of Gov’t Serv., FOIA Ombudsman, Oct. 19, 2022

In our previous blog post “Understanding the Office of Government Information Services,” we provided a basic overview of  OGIS’s history and structure. In this post we’ll focus on our mediation program.  

How are requests for OGIS assistance handled?

FOIA requesters and agencies may request OGIS’s assistance in resolving a dispute at any point in the FOIA administrative process. OGIS does not take sides in disputes or advocate on behalf of either the requester or agency; the office promotes a fair FOIA process and works with parties to reach a mutually agreeable resolution and/or increase understanding.

Read more here.

FOIA News: D.C. Circuit to hear FOIA case on Oct. 20, 2022

On Thursday, October 20, 2022, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Citizens for Responsibility & Ethics in Wash. v. DOJ, a case in which the requester-appellant disputes the government’s withholding of the identities of suppliers of lethal injection drugs under Exemption 4. A livestream and a recording will be available through the court’s website here.

The underlying decision of the district court is here.

CREW’s opening brief is here.

Court opinion issued Oct. 18, 2022

Insider, Inc. v. GSA (D.D.C.) -- holding that agency properly relied on Exemption 6 to withhold names of five members of 2020 presidential transition teams from GSA’s transition expenditure records; agreeing with agency that team members were not public figures and would face threats or harassment, whereas disclosure would shed “almost nothing: about GSA’s operations.

Summaries of all published opinions issued since April 2015 are available here.

Q&A: Dead or alive?

Q. My question is with respect to the required "proof of death.” I filed a FOIA request to the FBI on an Iranian exile figure whose story I deem of public interest, as he also testified in Congress and is named frequently in published U.S. sources, foremost the State Department. The FBI repeatedly denied public interest. I was able to locate the graveyard of this person and even provided a picture of the gravestone. Now the FBI, even after appeal, claims that this is insufficient. Any advice?

A. I am inclined to agree that a photograph of a gravestone is insufficient proof of death; it is merely evidence that someone with the same name is deceased. Most requesters submit a newspaper story or obituary. If you cannot find those items, consider looking for the death certificate, a police report, or even paperwork from a funeral home. I assume you received the FBI’s list of recognized sources.

Q. I understand that a grave might not be enough. This one, however, has an unique aristocratic title, so there’s no doubt that this is the individual I was looking for. Any tips how to get a death certificate as a non-relative for someone who died in California?

A. If the tombstone includes a date of birth, and you have documentary evidence that links your individual with that date, that might do the trick. You should be able to obtain an “informational copy” of a death certificate from the California Department of Health. See details here.