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Judicial Watch • JTF GTMO Water Safety App w Exh

JTF GTMO Water Safety App w Exh

JTF GTMO Water Safety App w Exh

Page 1: JTF GTMO Water Safety App w Exh


Number of Pages:13

Date Created:April 11, 2013

Date Uploaded to the Library:February 20, 2014

Tags:navfac, edelson, Kiwus, Southeast, commissions, Gitmo, Admiral, calls, maintenance, offices, operations, Chris, facility, legal, original, message, service, EPA, IRS, ICE, CIA

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Because one above the law! APR2013 

Comm.anding General John Kelly1 
Department Defense, U.S. Southern Command 
c/o FOIA Chief James Hogan 
1155 Defense-Pentagon 
Washington, D.C. 20301-1155 

Re: Refusal Search for JTF-GTMO Water Records 
Dear General Kelly: 
This letter timely appeals the MAR 2013 total denial2 OCT 2012
requestto the U.S. Southern Command (SouthCom) for the following records: 	All communications (including emails, memoranda, any other form 
correspondence) respecting health safety sanitation Camp Justice; 	All reports, assessments, evaluations, lab results, any other 
documentation health safety sanitation planning testing Camp 
Justice; 	All contracts, invoices, expense vouchers, any other documentation 
financial transactions relation support health safety 
sanitation Camp Justice; 	All commendations, comments, complaints -medical otherwise, 
from any source-respecting health safety sanitation Camp Justice; 
and, Judicial Watch's OCT 2012 request, authored the undersigned, here attached Exhibit 
425 Third St., SW, Suite 800, Wasl1ington, 20024 Tel: (202) 646-5172 l-888-593-8442 FAX: (202) 646-5 199 Email: 
SouthCom APR13 	All Standard Operating Procedures (SOP), policy statements, guidelines, 
directives, initiatives, other standards protocols regarding health 
safety sanitation Camp Justice. 

The time frame for this request was January 2012 through the present. Pertinent Facts denying Judicial Watch's request, SouthCom admitted refusing conduct any search whatsoever records its possession direct and abject contravention the Freedom Information Act (FOIA), U.S.C.  552. support its decision, SouthCom explained that "[t]he JTF-GTMO does not provide any the services allude [Judicial Watch's] FpIA request, for any attendees, they Non-Government Organizations (NGO's); Victim Family Members (VFM's), Press, Civilian Observers." The letter does not provide any explanation how SouthCom reached that patently false ":finding," nor how that "finding" any way discharges SouthCom's duty conduct basic search under the pertinent congressional enactment that governs this transaction. point fact, JTF-GTMO has exclusive responsibility for providing all the services alluded Judicial Watch' request. stated the attached email chain, "JTF-GTMO (SOUTHCOM) the maintenance [Unit Charge} and has controlled the space/or the past years." (emphasis added). While true that the Office Military Commissions (OMC) has been conducting the legal proceedings underway Guantanamo Bay since July 2007, JTF-GTMO provides all basic logistical physical plant support for the Expeditionary Legal Complex plant and surrounding areas-in short, JTFGTMO handles all care and keeping the Camp Justice campus, were. And, since the sole concern Judicial Watch's FOIA the safety level water and sanitation Camp Justice, would follow that JTF-GTMO the primary custodian all responsive 
records this instance. 
What more, since the following SouthCom personnel are duty-bound ensure the safety water and sanitation associated with the area formerly known McCalla airfield, FOIA response behalf JTF-GTMO whole would complete without search their email accounts and other files: Capt. Mark Edelson's email dated OCT here attached Exhibit 
SouthCom APR13 

Capt. Alejandro Fonseca-Rodriguez 
Lt. Col. Elmer Norvell 
Equipment Operator First Class Curtis Campbell 

Master Arms First Class Jeremiah Hamon 
Aggravating the injury occasioned SouthCom's patent refusal follow the law this instance was its tardiness admitting that this was its planned course action. FOIA requester rarely able ascertain with any degree certainty that sought-after records are agency's possession. Unfortunately, stands, Judicial Watch absolutely certain that SouthCom possesses records responsive the topic water safety and sanitation Camp Justice. Hence, the failure JTF-GTMO (via SouthCom) timely produce any responsive records proves without doubt that the unit has completely shirked all FOIA duties with respect the present request. Here, the injury not just that failed timely produce all responsive documents, but that failed initiate even the most basic search records within its care, custody, and control. review, Judicial Watch's request the present instance niggered SouthCom inescapable duty "make reasonable efforts search for [requested) records." 
 552 (a)(3)(C). For purposes ofFOIA, "the term 'search' means review, manually automated means, agency records for the purpose locating those records which are responsiv request." U.S.C.  552 (a)(3)(D). Thanks the Electronic Freedom Information Act Amendments 1996, the law now "promotes electronic database searclies and encourages agencies expend new efforts order comply with the electronic search requirements particular FOIA requests." Schladetsch 
U.S. Dep Housing Urban Developm 't, 2000 U.S. Dist. LEXIS 22895 (D.D.C. Apr. 2000)(intemal citation omitted). SouthCom not entitled disobey the law and desist from conducting search the basis conclusion with factual support that the records may also exist elsewhere. See Freeman U.S. Dep Justice, 1991 U.S. Dist. LEXIS 19214 (D.D.C. Oct. 16, 1991) (failure find documents known exist 

South Com APR13 
deemed unreasonable where search was abandoned the basis judgment call). 
for Relief 
Thus, for all the foregoing reasons and more, Judicial Watch hereby requests that the SouthCom Commander once compel appropriate personnel to: 	Craft search likely locate all responsive {records the SouthCom's possession; Promptly execute that search reasonable manner, including pursuit any logical leads; 	Conduct segregability analysis order redact only those portions responsive' documents shown exempt from compulsory 
disclosure; 	Redact responsive records manner that indicates the amount material withheld the site the redaction, citing the precise basis for withholding; 	Release all responsive documents or, narrow instances, supply particularized justification for continuing withhold whatever specific portions the agency can establish are exempt from the SouthCom's overarching duty disclose. 
Additionally, Judicial Watch anticipates receipt the renewed production further expense itself accordance with .S.C.  552 (a)(6)(A)(i) and (a)(4)(A)(viii).5 Thank you advance for your thoughtful consideration this appeal. U.S.C.  552 (a)(6)(A)(i) provides for detennination FOlA request within days and U.S.C.  552 (a)(4)(A)(viii) provides forthe waiver all fees the requested documents are not timely produced. 

From:  Edelspn  Mark CAPT NAVFAC  Qperntjpns  
To:  Cpnley. Anthpny CDR 0-5 USN GIMO; Merrill  Lee cry USN GTMO; Geertsema  Cameron CDR NAVFAC 
SLllS.tll; LeNpir Bub cry NAVFAC Southea:;t AMBUARE; Cervasjp  Ernnk CDR NAVFAC IPT SA; Glass..  
Scott CIY NAVEAC SE; Knox John Loy NAVFAC Sputhea:;t. OPS  
Subject:  EW: Gitrno Legal Offices  
Date:  Monday, October 22, 2012 1:08:56  
Attachments:  Cppy Bldg AV29 xls.xls xis  
Servjce call Request IAQ Bldg AY29 (Rodent and Sanjtatjool dpc doc doc for rodents AY29 PDF. PDF. POE  
SPEGAL SURVEY REPORI--OMC--AV29.pdf pdf pdf pdf  
SpEGAL SURVEY-OMC--AV29--ENCLOSURE pdf pdf pdf pdf  
AY-29 Property Recprd Card pdf  

This what pushed the answer the Admiral's additional questions. knows it's his box, 
but driving now. Appreciate GTMO's assistance this. certain there will more follow. 
Including attachments for others' use. 

Mark Edelson, P.E. 
Operations Officer 
NAVFAC Southeast 
Desk: (904) 542-6614 
Cell: (904) 482-8055 

-----Original Message----From: Edelson, Mark CAPT NAVFAC SE, Operations 
Sent: Monday, October 22, 2012 12:47 
To: Kiwus, Chris CAPT NAVFAC SE, 
Cc: Hurst, Scott CAPT NAVFAC SE, 09; Knox, John CIV NAVFAC Southeast, OPS 
Subject: RE: Gitmo Legal Offices 

Below provides additional insight the Commissions' admin facility GTMO. 

Prior our follow-on discussion regarding the Commissions' facility NAVSTA GTMO, AV-29, wanted provide additional background. 

The facility was built 1942 and used dental clinic until JTF took over the facility December 
2001. JTF-GTMO (SOUTHCOM) the maintenance UIC and has controlled the space for the past 
years. The Office Military Commissions (OMC) started using the facility July 2007. Recent 
condition rating was 72, JUN 12, and configuration rating was 100, SEP 09. OMC 
utilizes the space intermittent basis, dependent upon the schedule commissions. total 127 
service calls have been placed since June 2007, ranging from changing light bulbs building envelope 
repairs (e.g. windows, roofs). comprehensive renovation maintenance was accomplished when the facility changed from 
years dental clinic legal office spaces, although space reconfiguration occurred. This may 
partially explain the inadequacy the HVAC system for its present demands. 

OMC works through JTF ENG all facility related matters. JTF ENG manages the facility and identifies, 
prioritizes, and funds work the OMC facilities. NAVFAC provides support requested, when JTF ENG their attached Air Force PRIME BEEF maintenance team are unable meet OMC's needs. PWD 
GTMO does provide the PAR services BOS work the facility. 

The facility has been the BOS contract continuously. Work done subject facility availability (OMC controls entry into the facility and various parts the facility, e.g. second deck). Firm fixed price services the facility include: 
-SRM (service calls) -Fire Protection SRM -Janitorial -restroom cleaning 5x/week, 2x/week floor sweep/dust mop/damp mop/vacuum carpet -Refuse -empty dumpster 4X/week -Grounds maintenance-primarily between AV29 and AV32 -HVAC system maintenance part the Integrated Maintenance Program 
Industrial Hygiene, USNH-GTMO, performed indoor air quality (IAQ) study SEP based concerns raised that time OMC and the JTF. the same day, JTF ENG placed service call for extermination any rodents the facility. Execution service call began SEP with the placement traps and determination entry points into the facility. After the service calls and HVAC cleaning, performed re-evaluation the facility, which deemed the facility safe for use. have attached variety reference material the facility including listing service calls, the service calls related rodents, IAQ study, property record card, and picture the facility. 
V/R, Mark Edelson, P.E. CAPT, CEC,USN Operations Officer NAVFAC Southeast Desk: (904) 542-6614 Cell: (904) 482-8055 
-----Original Message----From: Morton, Douglas RDML NAVFAC Lant, Sent: Friday, October 19, 2012 18:56 To: Kiwus, Chris CAPT NAVFAC SE, Cc: Gibbs, Bob CAPT NAVFAC LANT, VICE CDR; Morris, Grant CAPT NAVFAC Lant, OP; Edelson, Mark CAPT NAVFAC SE, Operations Subject: Re: Gitmo Legal Offices 
Thanks Chris. Bothered how this can happen. Would like understand the relationship between PWD and the JTF legal team (or the JTF large). have too few staff? This kind event damages our name and those lawyers will talk -nothing good I'm sure. have high expectations for all our PWO's regardless funding shortfalls. Would like discuss few weeks when I'm back from DC/Annapolis. 
------Original Message-----From: Kiwus, Chris CAPT NAVFAC SE, 
To: Doug Morton 
Subject: RE: Gitmo Legal Offices 
Sent: Oct 19, 2012 5:13PM 

Basic facts are true. The offices had mold and rat droppings. 
JTF-GTMO took the lead rectify; BOS did some the work. Mold and duct work were cleaned, animal waste removed, holes building sealed, instructions residents not leave food out. found U.S.C. 552 (a)(6)(A)(i) provides pertinent part that: "Each agency, upon any request for records ... shall immediately notify the person making such request ... the right such person appeal the head the agency any adverse determination." SouthCom's MAR 2013 denial, signed Marco Villalobos, here attached Exhibit