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Judicial Watch • OCC 225k App w Exh n Deliv Conf

OCC 225k App w Exh n Deliv Conf

OCC 225k App w Exh n Deliv Conf

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Date Created:September 21, 2011

Date Uploaded to the Library:February 20, 2014

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SER.M: 000G8N546578 

425 Third St. SW, Suite 800 Washington, 20024 
Phone: 202-646-5172 
Fax: 202-6466199 

Urgent For Review Please Comment Please Reply 
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Recaww one tLb utJe the luv! 
September 21, 201 

Acting Comptroller the Currency John Walsh c/o Frank Vance, Manager 
Disclosure Services and Administrative Operations Communications Division 
Mailstop 2-3 250 St., S.W. 
Washington, D.C. 20024 

Re: FOIA 2011-00732-F SF-SOs for $225k+ Dear Mr. Walsh: 
This letter timely appeals adverse determination within the meaning the Freedom Information Act (FOlA), U.S.C.  552,1 respecting fOTA 2011-00732-f, request for documents placed with the Office the Comptroller the Currency (OCC) July 12, 2011 Judicial Watch, Inc., (Judicial Watch). FOTA 2011-00732-F sought all Standard Forms (SF-50s) force and file between January and the date the FOIA, inclusive, for any OCC employee earning total compensation rate $225,000 more during any part the period. OCC advised Judicial Watch its partial denial, way ofredactions, letter dated August which accompanied the production.3 August 10, FOIA Manager Frank Vance provided Judicial Watch roster employees earning $225,000 more during the relevant period agreed-upon FOlA provides pertinent part "the right of[a rcquc!lcr] appeal the head the agency any adverse 
determination." U.S.C.  552 (a)(6)(A)(i). copy FOIA 20l1-00732-F cannot attached here because Lhc request was submitted via OCC's 
electronic filing system Nevertheless, the text used communicate the sought-for documents here 
appended and labeled Exhibit copy the August cover letter here attached Exhibit 

425 Third St., SW, Suite 800, Washington, 20024  Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 

Sept. 21, 2011
attempt satisfy the request alternate means.In response further discussion 
the matter, OCC provided link August the agency's total production ofrelevant SF-50s.5 However, Judicial Watch experienced repeated technical difficulties accessing the documents via Internet directed. Nevertheless, FOlA Manager Frank Vance personally printed and hand-delivered the agency's production September 15, exhibiting unparalleled diligence attempting fulfill the request. While Mr. Vance commended for the exceptional energy expended ensuring compliance with the statute, Judicial Watch nevertheless takes issue with the level and nature redactions OCC's final production, warranting the present appeal. attempting satisfy FOIA 2011-00732-F its terms while withholding information singularly available the specific forms requested, OCC undertook the labor-intensive step blocking roughly half all the forms' substantive boxes. SF50 has boxes approximately which are rarely, ever, used. those remaining, OCC redacted more than boxes most the forms produced and instance redacted less than 15. OCC relied upon blanket invocation FOIA exemption (b)(6) redacting all boxes. Exemption (b)(6) permits (but does not require6) withholding material, the disclosure which would constitute "clearly unwarranted invasion personal privacy."7 Although the production's cover letter declares conclusorily that the responsive material withheld invasive within the meaning 6), fails expound how the agency concluded that public employee's performance -to cite one such example -is not subject the oveni.ding need for public scrutiny the agency overall, particularly where scores employees are awarded nearly twice the statutory rate top government pay.x copy Mr. Vance's August cover letter summarizing the transaction here attached Exhibit copy OCC's August email advising Judicial Watch the availability the documents online 
via hyperlink here attached Exhibit General Dynamics Corp. Marshall, 572 F.2d 1211, 1216 (8th Cir. 1978)("there exists statutory 
mandate nondisclosure exempt information"). Department the Air Force Rose, 425 U.S. 352, 371 (1976)("nothing the wording Exemption its legislative history" supports the "claim that Congress created blanket exemption for personnel 
files"). Step GS-15 eligible for maximum annual salary $129,517, according Salary Table 2011GS. Moreover, 2011 rates wel'e frozen levels due the current economy and deficit crisis which 

continue threaten the government's shutdown altogether. (Available at: ltablcs/html/gs.asp)(last visited: Sept. 21, 2011). 

Sept. 21, 2011 
FOIA "requires federal agencies disclose information upon request" order 
"ensure informed citizenry. vital the functioning democratic society, needed check against corruption and hold the governors accountable the governed," .Judicial Watch, Inc. Rosso/ti, 326 F.3d 1309, 1310 (D.C. Cir. 2003)(quotingNLRB Robbins 
Tire Rubber Co., 437 U.S. 214, 242 (1978))(internal quotation marks omitted). FOJA 
secures access "to official information long shielded unnecessarily from public view and attempts create judicially enforceable right" it, "from possibly unwilling official hands." Judicial Watch, Inc. US. Department Justice, 365 F.3d 1108, 1112-1113 
(D.C. Cir. 2004)(quoting EPA Mink, 410 U.S. 73, (1973)). "An agency excused 
from [the disclosure] requirement only with respect materials that fall within one FOIA's nine specific exemptions." Crumpton Stone, F.3d 1400, 1404 (D.C. Cir. 1995). Even then, "the exemptions the FOIA arc permissive rather than mandatory "Mead Data Cent., Inc. Department the Air Force, 566 F.2d 242, 258 (D.C. Cir. 1977). 
Indeed, where merit marks for federal financial regulator lead compensation
approaching quarter million dollars annually,and the present economic downturn has been blamed largely lax enforcement said regulators, such inconsistency exactly the sort that would paramount interest and necessity the taxpaying 
Americans who fund those salaries. And, even assuming single bureaucrat's high pay could raise any meaningful privacy concerns, where here bonuses certain kind are 
given almost one hundred federal workers the same agency, any fear individual reprisal lessens nil. Equally important from transparency standpoint arc the nature action, the code which such action was classified, the legal authority from which such action stemmed, well any special remarks attending the action which would listed the form's catchall box, no. 45. Only disclosing details such these can fully informed citizenry act its own best inspector general, ensuring that the trust 
reposed its pubI servants not wildly misplaced. 
Hence, for all the foregoing reasons, Judicial Watch hereby respectfully requests that the agency decide this administrative appeal favorably the requester and cause the See, e.g., SF-50s Oscar Harvey, Kristin Kiefer, and Maria Olguin, here attached Rxhibit Barack Obama, "Remarks the President Consumer Financial Protection," East Room, White House, 2:37 p.m., Oct. 2009 ("for the last several months, this administration has been working with Congress refonn outdated system financial regulations and lax oversight that helped lead last year's crisis")(transcript available at: I-protection )(1ast visited: Sept. 21, 2011 

occ Sept. 21, 2011 
relevant division reissue the responsive documents with only box (Social Security number) and box (Bargaining Unit Status) redacted. you not understand this appeal any portion thereof, please contact FOIA Program Manager John Althen immedialely (202) 646-5172 Judicial Watch anticipates receiving the requested documents and waiver both search and duplication costs within twenty (20) days. Thank you for your cooperation. 

Lisette Garcia, J.D. 
Senior Investigator 

Pursuant the Freedom lnfmmation Act (FOTA), U.S.C.  552, seq . Judicial Watch. Inc., (Judicial Watch) hereby requests that the Comptroller the Currency (OCC) produce the following within twenty (20) business days: 
SF-50s for all OCC employees earning $225,000 more per year total compensation. 
The time frame for this request January 201 through the present. placing this request. Judicial Watch directs OCC's attention President Barack Obama' January 21, 2009 Memorandum concerning FOIA which states: 
All agencies should adopt presumption favor disclosure, order renew their commitment the principles embodied FOfA ... The presumption disclosure should applied all decisions involving FOIA. 
Freedom Information Act. Pres. Mem. January 21. 2009, Fed. Reg. 4683. 
The memo further provides that "The Freedom fonnation Act should administered with clear presumption: the case doubt, openness prevails." 
Nevertheless. any responsive record portion thereof claimed exempt from production under FOIA, please provide sufficient identifying infonnation with respect each allegedly exempt record portion thereof allow assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). addition, any reasonably segregable portion responsive record must provided, after redaction any allegedly exempt material. U.S.C.  552(b). 
Judicial Watch also hereby requests waiver both search and duplication fees pursuant U.S.C.  552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)(4)(A)(ii){II) because member the news media. National Security Archive Department Defense, 880 .2d 81, (D.C. Cir. 1989)(defining news media within FOIA context). Judicial Watch has also been recognized member the news media other FOTA litigation. See, e.g., Judicial Watch, Inc. U.S. 
Department Justice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. 
Department ofDefense, 2006 U.S. Dist. LEXIS 44003, (D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities government through FOlA and other means, uses its editorial skills turn this information into distinct works. and publishes and disseminates these works the public. intends likewise with the records receives response this request. 
Judicial Watch also entitled complete waiver both search fees and duplication fees pursuant U.S.C.  552{a)(4)(A)(iii). Under this provision) records: 
shall furnished without any charge charge reduced below 

the fees established under clause (ii) disclosure the infonnation the public interest because likely contribute significantly public understanding ofthe operations activities government and not primarily the commercial interest the requester. U.S.C.  552(a)(4)(A)(iii). addition, records arc not produced within twenty (20) business days, Judicial Watch entitled complete waiver search and duplication fees under Section 6(b) the OPEN Government Act 2007, which amended FOIA U.S.C.  552 (a)(4)(A)(viii). 
Judicial Watch 501 (c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch exists educate the public about the operations and activities government, well increase public understanding about the importance ethics and the rule law government. The 
particular rec,ords requested herein are sought part Jud icia Watch' ongoing efforts document the operations and activities the federal government and educate the public about these operations and activities. Once Judicial Watch obtains the requested records, intends analyze them and disseminate the results itc; analysis, well the records themselves, special written report. Judicial Watch will also educate the public via radio programs, Judicial Walch's website, and/or newsletter, among other outlets. also will make the records available other members the media researchers upon request. Judicial Watch has proven ability disseminate infonnation obtained through FOIA the public, demonstrated its long standing and continuing public outreach efforts. 
Given these circumstances, Judicial Watch entitled public interest fee waiver both search costs and duplication costs. Nonetheless, the event our request for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judicial Watch requests that contacted before any such costs are incurred, order prioritize search and duplication efforts. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial Watch will also accept the "rolling production" documents. you not understand this request any portion thereof, you feel you require clarification, please contact Judicial Watch FOIA Program Manager John Althen immediately 
(202) 646-5172 Judicial Watch looks forward receiving the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your prompt compliance with all applicable laws. 
Lisette Garcia, J.D. 
Senior Investigator 

Comptroller the Currency Administrator National Banks 
Washington, 20219 
August 22, 2011 
Lisette Garcia Judicial Watch 
425 Third St., S.W. 

Washington, 20024 
Dear Ms. Garcia: 
This response your Jetter dated July 12, 2011, which was received office July 21, 2011 for processing under the .Freedom oflnfonnation Act, U.S.C. 552. 
You requested all Standard Forms (SF-50s) for all employees the Office the Comptroller the Currency (OCC) and the Office Thrift Supervision (OTS) earning $225,000, more, per year total compensation. you may know, OTS was abolished effective July 21, 201 pursuant the enactment the Dodd-Frank Wall Street Reform and Consumer Protection Act I0. All oftheir outstanding cases wero transferred office for processing. This response pertains both the OCC and the OTS. 
Your request granted part and denied part. Materials relevant your request are enclosed. SF-50s for all employees earning $225,000 more are included this release. However information deemed personal nature has been deleted the authority of5 U.S.C. 552(b)(6) and C.F.R. 4.12(b)(6), relating personnel, medical, similar record, including financial record, any portion thereof, where disclosure would constitute clearly unwarranted invasion ofpersonal privacy. This includes information pertaining items listed under "First Action" due the fact that both the OTS and OCC are evaluated under merit system. Release earlier salary figures could lead inadvertent disclosure perfonnance evaluation ratings due the percentages increases awarded. Other items being withheld 
include the reasons for the SF-50, retirement plan formation, beneficiary information, veteran's 
preference information, whether the employee member union eligible for union membership, 
and any miscellaneous remarks made about the SF50 under Item "Remarks." you consider any the above improper denial your request, you may appeal such denial 
the Comptroller the Currency. The appeal should filed within days the date this letter, 
should state the circumstances and reasons arguments support the appeal, and submitted via 
our online FOTA application mailed the Manager, 
Disclosure Services and Administrative Operations, Communications Division, Mailstop 2-3, Office the Comptroller the Currency, Washington, 20219. 
Sincerely yours, Z,, 'PM, fk. 
frank Vance, Jr. 
Manager, Disclosure Services Administrative Operations Communications Division 
Enclosurc(s) FDV: 2011-00732-F 
Comptroller the Currency Administrator National Banks 
Washington, 20219 
August 10, 2011 
Lisette Garcia 
Judicial Watch 
425 Third St., Washington, 20024 
Dear Ms. Garcia: 
This response your Freedom Information Act request dated July 12, 2011, received office July 13, 2011. 
You requested that the Comptroller Currency (OCC) produce the following within twenty (20) business days: Standard Forms (SF-50s) for all OCC employees and earning $225,000, more, per year total compensation. discussed our telephone conversation today, had assumed that you were interested the identities and dollar figures from the 50s and had our department prepare the standard report release other similar cases. That report attached. Please let know meets your needs. you still prefer receive the SF-50s stated your request, will prepare that for delivery the end ofthis week. Just let know. 
Frank Vance, Jr. 
Frank Vance, Jr. 
Freedom Information Act Officer 
Communications Division 
Request #2011-00621-F 

'Lisette Garcia 

Office the Comptroller the Currency  Monday, August 22, 2011 4:40 
Lisette Garcia 
2011-00732-F --Your Requested Documents are Delivered Webdownload -Office the Comptroller the Currency 

Dear Lisette Garcia, 
You recently submitted request for documents uuder the Freedom Information Act, U.S.C. 552. That request was assigned case number 2011-00732-F. Documents requested you were delivered Web download. 
Please access download the documents. 
Sigu your account check the status your reque8t. Once you arrive that screen you will see table showing your case number, its status, etc. The final column labeled Download Oocmncnts. Click the small icon that column either save your documents your hard drive, open Lhcm for viewing the screen. 
Thank you. 
Office the Comptroller the Currency 

Standard Porm 
U.S. Office ofPcmnnel Manllgement 
IS. TO: Po1ition Tit and Numbtr 
001 ll423 NBl488  OPF Copy Long-Term Record -DO NOT DESTROY