Office of the Chairman
1615 M Street, NW
Washington, DC 20419-0002
Phone: (202) 653-7101; Fax: (202) 653-7208; E-Mail: [email protected]^
December 19, 2014
David Pardo
P.O. Box 30806
Albuquerque, NM 87190-0806
FOIA Appeal Tracking No. MSPB-OCB-2014-000196
Dear Mr. Pardo:
This letter responds to your June 10,2014 appeal of the MSPB Clerk's Office's
May 16, 2014 response to your Freedom of Information Act (FOIA) request. For the
reasons set forth below, I am granting your appeal.
OnApril 9, 2014, you requested all complaints filed with the Board by the Office
of Special Counsel (OSC) inApril 2014. The Clerk's Office located four complaints,
which it referred to OSC for a release determination.
On June 10, 2014, you appealed this determination. You contended that the
Board's policy of referring to other agencies FOIA requests for documents that originated
with those agencies constitutes "improper withholding" under theFOIA. On July 3, July
31, August 27, September 22, October 21, and November 17,2014,1 sent you letters
notifying you that I was reviewing the Board's FOIA referral and consultation policy and
would need additional time to process your appeal.
After considering your appeal and the Board's policy, I have determined thatthe
complaints may be released to you with certain information redacted pursuant to FOIA
Exemption 7(C). 5 U.S.C. § 552(b)(7)(C). The redacted complaints are enclosed.
This is the Board's final decision in your appeal. Pursuant to 5 U.S.C.
§ 552(a)(4)(B), you have the right to seek judicial review ofthis decision in an
appropriate United States District Court.^
' The 2007 FOIA amendments created the Office of Government Information Services (OGIS) to
offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a
non-exclusive altemative to litigation. Using OGIS services does not affect yourright to pursue
litigation. Nor does using OGIS services orcontacting OGIS toll orextend the statute of
Susan Tsui Grundmann
Enclosures: Complaints from Special Counsel v. Coffman, Docket No. CB-1215-140012-T-l; Special Counsel v. Herbert, Docket No. CB-1215-14-0011-T-l; Special
Counsel v. Kappel, Docket No. CB-1215-I4-0010-T-1; and
Counsel v.
[Redacted], Docket No. CB-1215-14-0009-T-1
limitations or any other deadline. If you are requesting access to your own records, which is
most often, but not always, considered a Privacy Act, or first-party request, you should know that
Privacy Act matters fall outside the scope ofOOIS's mission. You may contact OGIS in any of
the following ways:
Mail: Office of Government Information Services (OGIS), National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001
E-mail: [email protected],nara.gov; Telephone: 202-741-5770; Fax: 202-741-5769; Toll-free: 1-877-6846448