OCC App Reply
Number of Pages:2
Date Created:January 27, 2012
Date Uploaded to the Library:February 20, 2014
Autogenerated text from PDF
Comptroller the Currency Administrator National Banks Washington, 20219 January 24, 2012 Lisette Garcia, Esq. Judicial Watch 425 Third Street, S.W. Suite 800 Washington, 20024 Subject: Freedom oflnformation Act ("FOlA") Appeal No. 2011-00039 Dear Ms. Garcia: This responds your appeal under the FOIA, U.S.C. 552, that was received September, 22, 2011. your appeal, you sought access materials that were withheld response your July 12, 201 FOIA request for information related 50s for OCC personnel receiving more than $225,000 total compensation. Having reviewed this matter, have determined that some the information that was previously withheld from you should provided you. Previously redacted four "First Action" items: 5-A. Code; 5-B. Nature Action; 5-C. Code; and 5-D. Legal Authority, and four "Second Action" items: 6-A. Code; 6-B. Nature Action; 6-C. Code; and 6-D. Legal Authority. also redacted item 35. FLSA Category. are now disclosing this data you the enclosed 50s. However, protect the personal privacy OCC employees under U.S.C. 552(b)(6), continue redact the following six items related the employee's previous salary: 12. Total Salary; 12A. Basic Pay; 12B. Locality Adj.; 12C. Adj. Basic Pay; 12D. Other Pay; and 45. Remarks. you know, U.S.C. 552(b)(6) exempts from disclosure under the FOIA information about individuals when the disclosure such information "would constitute clearly unwarranted invasion personal privacy." Mr. Vance stated his August 22, 2011 letter you, are withholding this information since its release would allow for the disclosure performance evaluation ratings which are themselves protected from disclosure under (b)(6). Because there "mathematical linkage" between the amount any award and the employee's performance appraisal, appropriate protect this information under )(6).1 However, have provided you the five salary items relates the employee's current salary. No. 03-6755, 2004 U.S. Dist. LEXIS 10057, (S.D.N.Y. June 2004). Additionally, will continue redact employee data consisting of: Social Security Nwnber; Date Birth; 23. Veterans Preference; 26. Veterans Preference for RIF; 27. FEOLI; 28. Annuitant Indicator; 30. Retirement Plan; 31. Service Comp. Date; and 37. Bargaining Unit Status. These items arc being withheld protect the personal details regarding employee which would not serve shed light agency functions.2 During our review, discovered that some employees had their salary computed incorrectly the beginning 2011. Although this error was corrected, the 50s previously provided you reflected the incorrect salary amount. such, providing you the corrected for employees. Three other employees also had personnel actions effective sho11ly before your FOIA request that resulted salary change. These updated 50s are provided you. And finally, tlu-ee employees, Mr. Glenn Atkins, Mr. James Reid, and Mr. Daniel Staehle, should have been included the original response, but were not. Their 50s are also enclosed. This response constitutes final agency action your request and appeal. You may seek judicial review this action the district court the United States the district which you reside, the district which your principal place business maintained, the district which you believe withheld records may situated, the District Colwnbia. See U.S.C. 552(a)(4)(B). Daniel Stipano Deputy Chief Counsel Enclosures Barvick Cisneros, 941 Supp. 1015 (D. Kan. 1996).