National Park Service Cooperation with PA Fusion Centers

***Expedited processing requested***

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all documents, including but not limited to suspicious activity reports, suspicious incident reports, emails, memoranda, and threat assessments between Department of the Interior National Park Service at Independence National Historical Park, the United States National Park Police, the Delaware Valley Intelligence Center (DVIC), and the Pennsylvania Criminal Intelligence Center.

The following keywords should be used by analysts to assist in this document search: "DVIC", "Delaware Valley Intelligence Center", "Pennsylvania Criminal Intelligence Center", "PCIC", "DVIC cell", "Real Time Crime Center", "Occupy Wall Street", "Occupy National Gathering", "Occupy Philadelphia", "Smokedown Prohibition", "bank sleep", "#A6", and "anarchist(s)".

This request is not meant to be exclusive of any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Dustin Slaughter

To Whom It May Concern:

Please consider this letter as my appeal to your agency's constructive denial of my request. As a representative of the news media, I write to insist that the Department of the Interior National Park Service comply with its obligation to respond to one pending Freedom of Information Act request I filed on 20 November 2013 regarding responsive and/or tangentially-related documents pertaining to local and federal law enforcement cooperation, and with assistance of regional fusion centers, by and of entities or groups included below:

"Any and all documents, including but not limited to suspicious activity reports, suspicious incident reports, emails, memoranda, and threat assessments between Department of the Interior National Park Service (DINPS) at Independence National Historical Park, the United States National Park Police, the Delaware Valley Intelligence Center (DVIC), and the Pennsylvania Criminal Intelligence Center.

The following keywords should be used by analysts to assist in this document search: 'DVIC', 'Delaware Valley Intelligence Center', 'Pennsylvania Criminal Intelligence Center', 'PCIC', 'DVIC cell', 'Real Time Crime Center', 'Occupy Wall Street', 'Occupy National Gathering', 'Occupy Philadelphia', 'Smokedown Prohibition', 'bank sleep', '#A6', and 'anarchist(s)'."

Your agency received this request over 20 days ago. In all that time, despite its undisputed statutory duty to do so, DINPS has failed to respond with even a letter of acknowledgement of receipt.

Similarly, DINPS has failed to provide any explanation whatsoever for the delay and has been unwilling to estimate when it will finally be able to comply with its obligations under the FOIA.

As you must know, the Freedom of Information Act was meant to guarantee prompt access to
important government records. To that end, the FOIA grants an agency no more than thirty working days in which to respond to a request. 5 U.S.C. § 552(a)(6).

When an agency fails to respond within that statutory timeframe, it has constructively denied the request. Oglesby v. U.S. Department of Army, 920 F.2d 57, 65 (D.C. Cir. 1990) (“Congress adopted the time limit provision in the FOIA in order to ‘contribute to the fuller and faster release of information, which is the basic objective of the Act.’ (quoting H.R. Rep. No. 93876, 93d Cong., 2d Sess., reprinted (1974) U.S. Code Cong. & Ad. News 6267 at 6271)).

Your agency's delay in responding to this request not only flouts its statutory obligations, it also violates the President’s clear direction that when it comes to public information, “openness prevails.” Memorandum for the Heads of Executive Departments and Agencies, 74 Fed. Reg. 15, 4683 (Jan. 26, 2009). This instruction is unambiguous: “All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.”

I therefore urge you to produce records responsive to this request as soon as possible, given this query's attached request for expedited processing, and no later than 15 January 2013.

I am prepared to litigate this matter in the event that NPS fails and/or refuses to comply with its statutory obligation.

I look forward to your help in resolving this matter without further delay. Please do not hesitate to contact me through Muckrock.com with any questions or concerns.

Sincerely,
Dustin M. Slaughter

Dear Ms. Wilson,

Thank you for responding. As long as the request will be completed by January 6th, that's fine.

Have a good holiday.

Sincerely,
Dustin Slaughter

Dear Ms. Wilson,

You last indicated that your office would fulfill my request during the week of January 6, 2014. It is now January 13. I would appreciate an update on when I can expect to have this request completed.

Thank you for your time.

Sincerely,

Dustin Slaughter

Dear Ms. Wilson,

You last indicated that your office would fulfill my request during the week of January 6, 2014. It is now January 13. I would appreciate an update on when I can expect to have this request completed.

Thank you for your time.

Sincerely,

Dustin Slaughter

Dear Ms. Wilson,

You last indicated that your office would fulfill my request during the week of January 6, 2014. It is now January 13. I would appreciate an update on when I can expect to have this request completed.

Thank you for your time.

Sincerely,

Dustin Slaughter

Dear Ms. Wilson,

You last indicated that your office would fulfill my request during the week of January 6, 2014. It is now January 13. I would appreciate an update on when I can expect to have this request completed.

Thank you for your time.

Sincerely,

Dustin Slaughter