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CRS Sanford Followup

CRS Sanford Followup

Page 1: CRS Sanford Followup


Number of Pages:8

Date Created:May 25, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Followup, CRS, Sanford

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Lisette Garcia 
From:  Lisette Garcia  
Sent:  Thursday, May 24, 2012 12:16  
To:  'irene.kho@usd oj.g ov'  
Subject:  FOIA seeking records re: Sanford  
Attachments:  CRS Sanford.pdf; Fed Sanford.pdf  

Ms. Kho: 
Attached the Community Relations Service's letter, dated May 21, acknowledging Judicial Watch's Freedom Information Act (FOIA) request April 24, here attached for ease reference. The acknowledgment states that the Community Relations Service "in the process reviewing the information respond" Judicial Watch's request. The acknowledgment further provides that the Community Relations Service "will need additional time make sure" that its response Judicial Watch's request "will thorough." The acknowledgment closes promising comprehensive response the coming weeks." Each these three statements falls far short the agency's statutory mandate under FOIA explained below: 
Under FOIA, "each agency, upon any request for records which reasonably describes such records and made accordance with published rules stating the time, place, fees (if any), and procedures followed, shall make the records promptly available any person." U.S.C.  552(a)(3}(A). Promptly, for purposes FOIA, means within days (excepting Saturdays, Sundays, and legal public holidays) receipt the request. U.S.C.  552(a)(6)(A)(i}. "The 20-day period shall not tolled the agency except that the agency may make one request the requester for information and toll the 20-day period while awaiting such information that has reasonably requested from the requester under this section; necessary clarify with the requester issues regarding fee assessment." The Community Relations Service received the attached request April facsimile and email and certified mail 
May according Postal Service Form 3811, signed stamp. Hence, complete production all documents responsive this request are due May the very latest. Additionally, the Community Relations Service's May letter neither sought clarify the substance the cost the request, tolling can inferred have occurred. 
Meanwhile, "unusual circumstances," the prescribed time limits "may extended written notice the person making such request." U.S.C.  552 (a)(6)(B)(i). Such notice must, minimum, set forth the "unusual circumstances" requiring such extension and the date which determination expected dispatched. Id. The agency's predictable workload will not excuse agency's failure timely fulfill. U.S.C.  552(a)(6)(C)(ii). Moreover, even where qualifying circumstances indeed exist, such notice shall specify date that would result extension for more than ten working days. Id. Since the Community Relations Service did not assert any unusual circumstances relation Judicial Watch's request, the agency not entitled extension time which fulfill. Neither the agency entitled "additional time make sure" produces "thorough" response. enacting FOJA, Congress contemplated agencies' full compliance within the time constraints specified statute. that end, the statute has been amended, extending the original production time from days 20. See Electronic Freedom Information Act Amendments 1996, Pub. 104-231, 110 Stat. 3048. 
Lastly, please reminded that requester deemed have exhausted his administrative remedies when agency fails comply with statutory time limits. U.S.C.  552(a)(6)(C)(i). Having exhausted administrative remedies, 
requester can file complaint with the U.S. District Court the District Columbia, inter afia, "to order the production any agency records improperly withheld from the complainant." 
Ms. Kho, bring these matters your attention hopes you will immediately bring the agency into compliance with the bare minimum required law. First, production documents must timely. Second, there tradeoff between being timely and being complete. That is, the production documents will timely even complete. Third, 
"comprehensive response" not adequate. the language FOIA, all means all. Only total disclosure all releasable 
documents discharges the agency's duty this regard. items the agency claims cannot disclosed, segregation 
and redaction little necessary plus adequate analysis the applicable exemptions must 
provided. Hence, for all the foregoing reasons, the Community Relations Service not compliance with FOIA. Please 
amend the Community Relations Service's acknowledgment letter and its actions accordingly, producing all responsive 
documents COB May 31. 

Lisette Garcia, J.D. 
Senior Investigator 
646-5170, desk 

413-5243, mobile 


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