termination of FOIA request for non-responsiveness
| Submitted | Nov. 8, 2013 |
| Est. Completion | None |
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Communications
From: Jason Smathers
Mr. Ybarra,
This is a request under the Freedom of Information Act.
In today's (Friday, 11/8/13) email from you to me concerning a different FOIA request you said: "If we do not receive your reply by November 12, 2013, we will close this case file and you will need to initiate a new FOIA request for the records desired."
I was wondering if it is common practice to close FOIA requests when the requester does not answer a question for a mere 3 business days?
Please consider this a new FOIA request for all records which direct you to close FOIA requests due to non-responsiveness or otherwise authorize the action threatened in the quote above.
This is a personal, non-commercial request to satisfy my personal curiosity. The information sought is not being sold or profited upon in any way. I agree to proper fees up to $12 for this request. If fees are expected to exceed this amount, please let me know before continuing.
Thank you
Regards,
Jason Smathers
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 8, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: BETHEA, RAND GS-11 USAF ACC ACC A6/A6XP
Ms. Smathers,
I have read your email string below and I can't determine what records were requested in the original FOIA request. The Air Force Intelligence, Surveillance and Reconnaissance Agency has been designated as 25th Air Force and they now fall under the Air Combat Command for FOIA oversight. Mr. Ybarra is no longer the FOIA manager. Staff Sergeant Jamia Benedict has assumed prestigious position and she is reviewing past emails to determine what action has not been completed. This email is one of those issues we are trying to resolve; therefore, please let us know what was the original request.
Clarification: As a user of MUDROCK services you are not automatically considered a "commercial" requester. Your category could be "commercial" based on the information you are requesting; therefore, if you are requesting contract information, the Secretary of the Air Force has determined that individual should be charged as a commercial requester unless they can provide justification why they should not be placed in that category. Our category determination will be made based on each case received.
Suspense for clarification: It is the practice of the Air Combat Command to give the requester 10 days to respond to a clarification request and place the case on hold until a response is received. Case will only be closed after last attempt is made to contact you via email or telephone. If you fail to respond in a releasable time afterwards, we will close the request. If your clarification is received sometime after the closure, we can reopen the case file and still process.
FEES: If you agree to pay a limit amount for fees, we will contact you when the fees exceed the amount you agreed to pay. Due to all records being provided electronically, we will not be charging any duplication fees.
Expedite Services: Please don't ask for expedited services when submit your future requests. ACC doesn't have a multi-track service (first-in, first-out); therefore, all requests are processed upon receipt and we still have 20 workdays to process as established by law.
If you have any questions or concerns, please don't hesitate to contact me at (757) 764-2261, or rand.bethea@us.af.mil. - acc.foia@usaf.mil.
Again, we are unable to proceed on this email because we don't know what the original request was for.
New Team onboard and we the stand ready to assist you.
RAND BETHEA
Freedom of Information Act Manager
Air Combat Command
From: Jason Smathers
In my 11/8/2013 email to Mr. Ybarra, I said: "Please consider this a new FOIA request for all records which direct you to close FOIA requests due to non-responsiveness or otherwise authorize the action threatened in the quote above."
I still wish for this FOIA request to be completed even though Mr. Ybarra is no longer in the same position. I would like to obtain all communication or other records that directed him "to close FOIA requests due to non-responsiveness or otherwise authorize [the closing of a FOIA request if you do not receive a response within 3 days to an email]."
From: 25 AF/FOIA Manager
Your request is still open. We will keep you current on all updates. No further clarification is needed.
From: 25 AF/FOIA Manager
This e-mail contains FOR OFFICIAL USE ONLY (FOUO) information which must be
protected under the Freedom of Information Act (5 U.S.C 552) and/or the
Privacy Act of 1974 (5 U.S.C. 552a). Unauthorized disclosure or misuse of
this AFI33-332 5 JUNE 2013 PERSONAL INFORMATION may result in disciplinary
action, criminal and/or civil penalties. Further distribution is prohibited
without the approval of the author of this message unless the recipient has
a need to know in the performance of official duties. If you have received
this message in error, please notify the sender and delete all copies of
this message."
Good morning Sir,
Attached is the final release letter pertaining to FOIA case number
2015-02150-F. (MOU/MOA's). Please review the final release letter, as it is
a no records response. Thank you.
v/r
SSgt Benedict
25 AF/FOIA Manager
COMM: 210.977.2868/DSN: 969.2868
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