united department of the interior - supreme la · united states department of the interior bureau...
TRANSCRIPT
United States Department of the Interior
BUREAU OF LAND MANAGEMENTOregon State Office
P.O. Box 2965,Portland, Oregon 97208
http ://www.blm. gov/or
APR 0 7 2010In Reply Refer To:
1278 (OR-ess)FOIA No. OR-2016-036eFTS No. BLM-20 I 6 -00217
FOIA No. OR-2016-043eFTS No. BLM-201 6-00339FOIA No. OR-2016-053eFTS No. BLM-20 1 6'00377FOIA No. OR-2016-059eFTS No. BLM-201 6-0041 7
CERTIFIED MAIL _ RETURN RE,CEIPT'REQUESTED
l-awrence Saccato1224 Northeast Walnut Street, No. 257
Roseburg. Oregon 97470
Dear Mr. Saccato:
This letter completes oul' response to your fbur Freedom of infonnation Act (FOIA) request
numbers listed above" Since your requests all dealt with the same subject, we have aggregated
our responses into this single r.rponri letter. Your FOIA requests asked for the follorving items:
l. FOIA request oR-2016-036, eFTS No. BLM-2016-00277. dated january 19,2016
and received by the Bureau of Land Management (BLM) Oregon State Office on
January 22,2016, sought the "Office of Fersonnel Management (OPM) Standard
Form 61 (SF-61), Appointment Affidavits, executed by Chad Rott, Lisa Megargee,
Lance Okeson, lo. Ciat.ock, Karla Bird, Brett Dunten. Dyan Hussey and Thomas
f)yer, BLM District Manager as presently employed by Bureau of Land
Management..."
you also clarified in an email dated Janu ary 27,2016 thatthe record requested was
actually for a "Ryan llussey" and not a "Dyan Hussey" as mentioned in the original
request.
2. FOIA request oR-2016-043, eFTS No. BLM=2015-00339, dated February 6,2016
and received by the Bureau of Land N{anagement (BLIvI) Oregon Stak Office
February l0, 2b16, eought the "Office of" Personnel Management (OPM) Standard
Form Oi (Sp-Of ), Appo-intment Affidavit, executed by Beverly Stubbs, as presently
employed u, u p.rton rel Asst. As indicated on Mr. Brent Lee Grasty's SF-6i
Appoi ntment Affi davit."
You also requested a"...a copy of the delegation of authority to Ms. Stubbs to qualiffher to administer the oath..."
3. FOIA request OR-2016-053, eFTS No. BLM-2016-00377, to the US Fish and
Wildlife Service dated February 23,2016, was referred to the Bureau of LandManagement (BLM) Oregon State Office and was received February 26,2016. Thisrequest sought a copy of an "Office of Personnel Management ("OPM") Standard
Form 61 ("SF-61") APPOINTMENT AFFIDAVIT executed by Forest Cameron bythe BLM. Andrew Resource/Steens Area..."
4. FOIA request OR-2016-059, eFTS No. BLM-2016-00417, dated February 23,2016and received by the Bureau of Land Management (BLM) Oregon State Office March7,2016, sought:
a. A copy of an "Office of Personnel Management ("OPM") Standard Form 61
("SF-61") APPOINTMENT AFFIDAVIT executed by Rick Roy, Area Resource
Manager Malheur National Wildlife Retuge..."b. A copy of an "Office of Personnel Management ("OPM") Standard Form 61
("SF-61") APPOINTMENT AFFIDAVIT executed by Rick Roy, LawEnforcement Officer Malheur National Wildlife Refuge..."
c. A copy of an "Office of Personnel Management ("OPM") Standard Form 61
("SF-61") APPOINTMENT AFFIDAVIT executed by Mike Green, MalheurNational Wildlife Reluge..."
A search for all of the requested SF-61 Appointment Affidavits was conducted and resulted in anumber of responsive records. Responsive SF-61 Appointment Affidavits are being withheldunder Exemption 7(F) of the FOIA, 5 U.S.C. $ 552(bX7)(F), which permits an agency to protect
from disclosure those records that "could reasonably be expected to endanger the life or physicalsafety of any individual." The BLM determined that release of these records would reasonably
be expected to expose individuals identified in the documents to a risk of harm, e.g., stalking,
threats, risk to physical safety, andlor harassment.
After a thorough search of agency records, we were unable to locate the remaining SF-61
Appointment Affidavits which are responsive to your request. Since we were unable to locate
these SF-61 Appointment Affidavits, we are unable to comply with portions of your requests and
are returning all the requests to you.
In response to FOIA OR-2016-043, eFTS No. BLM-2016-00339, in which you asked for the
copy of the delegation of authority which qualified Beverly Stubbs to administer the oath ofoffice, the BLM considered the date in which Ms. Stubbs signed the SF-61 AppointmentAffidavit (1992) and the location where the document was signed (Vale District). The Oregon
State Office and the Vale District Offrce searched for a delegation of authority that would have
been valid during the time period in which the document was signed. After a thorough search ofagency records, we were unable to locate records responsive to this portion of your request.
The person responsible for this partial denial of your request is the"undersigned in consultationwith Geoffrey Painter, Attorney, Department of the Interior, Office of the Solicitor, PacificNorthwest Region. In accordance with 43 CFR $$ 2.57(aX1) and 2.57 (a)(3), you may appeal
this partial denial and partial "no records" response to the FOIA Appeals Officer. The FOIAAppeals Officer must receive your FOIA appeal no later than 30 workdays from the date of thisfinal letter responding to your request. Appeals arriving or delivered after 5 p.m. 8.T., Mondaythrough Friday, will be deemed received on the next workday. Your appeal must be in writingand addressed to:
Freedom of Information Act Appeals OfficerU.S. Department of the Interior1849 C Street NW, MS-6556, MIBWashington, D.C. 20240
You must include with your appeal copies of all correspondence between you and the BLMconcerning your FOIA request, including a copy of your original FOIA request and this denialletter. Failure to include this documentation with your appeal will result in the Department ofthe Interior's rejection of your appeal. The appeal should be marked, both on the envelope and
the face of the letter, with the legend "FREEDOM OF INFORMATION ACT APPEAL." Yourletter should include, in as much detail as possible, any reason(s) you believe the BLM'sresponse to be in error.
To ensure the timely receipt of your appeal, it is recommended that you fax a copy of your noticeof appeal to the FOIA Appeals Officer at202-208-6677. The FOIA Appeals Officer may be
reached at 202-208-5339 .
As an alternative or in addition to submitting an appeal, you can also contact the Office ofGovernment Information Services (OGIS), which was created to offer mediation services toresolve disputes between FOIA requesters and Federal agencies. OGIS ofers a non-exclusivealternative to filing an appeal, which does not affect your appeal rights as set forth in the above
paragraphs. You can obtain more OGIS mediation services information at: OGIS, NationalArchives and Records Administration, 8601 Adelphi Road, College Park, Maryland20740-6001;e-mail: [email protected]; website: https://ogis.archives.gov; toll-free: 877-684-6448. Please be
advised that contacting or utilizing OGIS mediation services does not suspend the 30-workdaydeadline to submit your appeal.
The inclusion of the following statement is mandatory for all BLM FOIA response letterspertaining to records: For your information, Congress excluded three discrete categories of lawenforcement and national security records from the requirements of the FOIA. See 5 U.S.C. $
552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the
requirements of the FOIA. This is a standard notification that is given to all our requesters and
should not be taken as an iidication that excluded records do, or do not, exist.
The costs incurred for the processing of your request totaled under the $50 minimum threshold.
Therefore, there was no fee charged in the processing of your r6quest. (43 CFR $ 2.a9(aXl))
Ifyou have any questions concerning the processing ofyour request, please feel free to contactTamara Yingling at (503) 808-6450, [email protected], [email protected], or byfacsimile at (503) 808-6615.
Enclosure:
Management Services, OregorlWashington
FOIA OR-2016-036 Request (lpe)FOIA OR-2016-043 Request (lpg)FOIA OR-2016-053 Request (lpg)FOIA OR-2016-059 Request (lpg)
Sincerely,
FO|A OR-2016-036eFTS BLM-20 rc-AA277 & xregtys*
I-RE1.DOM Op 1NITOIIMAT-1ON AC't' REqLIES'r i1 r tl F fi0H
JattuarY rl' 20td :li 2? AH & lt$
euggAU Sf LAHU Fltsl{'lDisclosure OfllcerIllizabeth WallsP.O. Uox 2965I'}ortland. 97208Oregort. USA
Sub.iect: Freedom of Inlbrmation Act l{equest; 5 U.S'C' 552 ("FOIA")
Cleetittgs Disc l0sure 0f flcer:
'l'his is a recptest unciel tlre Ir'ecclotl al'Inlormation Act. I heretr-r'reqtlest that a true and correct cop,v ol'the
I'ollorving rlocumrttt be pfovicled to lvlc. wilhout clelay:
1. OlllceolPelsouuel lr4anagcntent("OPM') Staticlard Form 6l ("SF-61")APPOINTMIIN'IAFFIDAVII'Se.tecuted by Cllracl Ron, Lisa Megargee, Lance Okeson, Joe Clascock, Karla Ilircl, Brett Dtrnien. Dya,rl
Hr6sey u,,ii'fl',n,llrs Dyer, tll,M i:istrict Manageras presently errrploycd by the IIUREALI Ol" l".ANI)
\4ANAC[.]tvtLtNl'. See 5 tJ.S.C. $$ 2S06, i33 l, 3332. 3313. 5507, and the Paperrvork l{eclrtqtion Aet ns
anrettcled. parliculally 44 tJ.S,C, 35 12.
I reelr-rest a ivaivr:r o1'all t'ees ti:r this reqtlesf.
Discl6s6re ofthe reclueste4 inforntarion to Me is in the prblic inte'rest" becartse it is likely to contribute signiticantl.r'
to public gnclerstarrclir.rg o1'the operaliorrs ancl acrivities of tlre I'ecleral governrnent. attcl is not prilnalil)- ill M.v
cornrnelcial intercst, See also 5 U.S.C. 552(nX"t)tB)
ll,you at.e not rhe corrcc{ persoll to wholll this F'olA request slioulcl be dir"ected, plense forrvard it withoLrt atti
clelay's to the crirreot pcrrson(s).
V Ul{lHC;\TION
witSorrr tlre,,Uniterl Statcs'' (t'ecieral goven)ntent). that I arn ihe orre subrnittirtg tlre F()lA [tetltresl abovc. trnil I
hereby verify siirne according to tlre best ol'M,r'currcnt inlbrrnatiorl. knr:rvledge, and beliet, so help rnc Cori,
1rug,,iut to 28 U.S,C. 1746( li. See Suprenracy C'larrse (Conslittrtion. l,arvs arrrl'l'r'eaties are all the su;::rettre Law
ot'tlru. l.and).
f irank.votr l'cir .v-our tirttely cortsidarration oI this F]OlA reqtlesl'
Sincercly ,vours.
L.v+$-tl tii"ur,rral-irrn' Srccirto
;\ll l{iglrts Reserved (uii tl(.C l-301t1
I.,lrr1.' Saccatolll,l NL. Walnrrt 'li7I{oseburg, 97470Oregon, t.rSAl-saccato@gr:rai l.cottr
$
FOtA OR-2016-059eFTS BLM-20 16-00417
Febrnary 23,2016Washington Office Bureau of Land Management,WO FOIA Specialists, 3rd Floor, M. St.,
wo-560, 1849 C. Sr. N.W,,Washiugton, D,C. 20240
Subject: Freedom of Infolnration Act Request: 5 U.S,C. 552 ("FOIA")
Greetings Disclosure Of{icer:
This is a request uncler the Freedom of [nformation Act. I hereby l'eqllest that a true and correctcopy of the following doctmrent be provided to Me, withotrt delay:
I . Office of Pelsonnel Management ("OPM") Standard Form 6l ("SF-61")APITOINTMENT AFF'IDAVIT executed by Mike Green, Malheru National Wildlife Reflrge. See
5 U.S.C. $$ 2906, 3331,3337,3333,5507, and the Paperwork Reduction Act as amended,paticularly 44 U.S.C. 3512.
I lequest a waiver of all fees for this request.
Disclosure of the requested infonnation to Me is in the public interest, because it is likely tocontribute significantly to public urncierstanding of the operations and activities of the federalgovelnment, and is not primarily in My conrmercial interest, See also 5 U.S.C. 552(a)(a)@)
Il'you are not the correct person to whom this FOIA request should be directed, please forward itwithor-rt any clelays to the corrcct person(s).
VERIFICATIONI, Lawrcnce Saccato, Sui .Iuris, hereby verif,, under penalty of perjury, under the laws of thsUnited States of America, withourt the "United States" (federal government), that I am the onesubmitting the FOIA llequest above, and I heleby verify same according to the best of Mycurrent information, knowledge, ald belief, so help rne God, pusuant to 28 U.S.C. 1746(1), See
Su1:remacy Clause (Cor-rstitution, J-aws and Treaties are all the suprerne Law of the Land),
Thar"rk you tbr yolu'timely consideration of this I]OIA request,
Regards,
t.,*t n $,6rxs,vt
Lawrence Saccato
1224 NE Walrrut 1.12.57
Roseburg, Oregon 97470
--_-------?
Washington Office Bureau ol'Land Management,WO FOIA Specialists, 3rd lrloor, M. St., February 23,2016wO-560, 1849 C, St. N.w,,Waslringtor:, D.C. 20240
Subject: Freedom of Infonnati<ln Act Request: 5 U.S.C, 552 ("FOIA")
Cireetings Disclosure Officer :
This is a request under the Freedom of Infolmation Act. I hereby rcquest that a true aud corectcopy of'the following clocument be provided to Me, without delay:
l. Offioe of Personnel Management ("OPM") Stanclard Form 6I ("SF-6 l ")APPOINIMENT AFFIDAVIT executed by Rick Roy, Law Euforcement Officer MalheurNational Wildlife Refuge, See 5 II,S,C. $$ 2906, 3331,3332,3333, 5507, arid the PaperworkReduction Act as amencled, particr.rlarly 44 U,S.C. 3512,
I request a waiver of all fees for this request,
Disclosure ol'the requested information to Me is in the public intercst, because it is likely tocontribute significantly to priblic understanding of the oporations anrl activities of the federalgovernmel)t, and is not primarily in My conrmerciai interest. See also 5 U.S.C. 552(a)(a)(B)
If you ale not the oomsot person to whom this FOIA request should be directed, please forward itwithout any dclays.to the correct person(s).
VERIFICATIONI', Lawt'ence Saccato, Sui Juris, hereby verify, under penalty of perjury, under the laws of thcUnited States of America, without the "[Jnited States" (federal government), that I am the onesubmitting the FOIA Recluest above, and I hereby verify same according to the bcst of Mycuffent information, knowleclge, and beliel; so help me Cod, pursuant to 28 U,S,C. 1746(l). See
Supremacy Clause (Constitution, Laws and 'freaties are all the supreme Law of the Land).
Thank you fol your timely consideration of this liOlA request,
Regards,
Ury $Rc,a7uI.,awrerrce Saccato
1224 NE Walnut #257
Roseburg, Oregon 97470
Washington Office Btueau of Land Management,WO FOIA Specialists, 3rd Floor, M, St., Februaly 23,2016wo-560, 1849 C, St. N.W.,Washington, D.C, 20240
Subject: Freedom of Information Act Request: 5 U,S,C. 552 ("FOIA")
Greetings Disclosue Offi cer:
This is a request under the Freedom ol'Infurmation Act. I hereby t'equest that a true and couectcopy of the foilowing document be provicled to Me, without delay:
1. Office of Persomel Managenrent ("OPM") Standard Form 6l ("SF-61")APPOINTMENT AFFIDAVIT executed by Rick Roy, Area Resouce Manager MalheurNational Wildlife Refuge. See 5 U,S.C. $$ 2906,3337,3332,3333,5507,andthePaperworkReduction Act as antended, palticularly 44 U.S,C, 3512,
I lequest a waiver of all fees for this request.
Disclosure of the requested infonuation to Me is in the public interest, because it is likely tocontribute significantly to public undelstanding of the operations and activities of the ftderalgovernment, and is not primarily iu My commercial interest. See also 5 U.S.C. 552(aXa)@)
If you arc not the correct person to whom this FOIA lequest should be directecl, please forward itwithout any delays to the correct pelson(s).
VEI1IFICAT'IONI, Lawrcnce Saccato, Sui Juris, hereby verify, undel penalty of perjury, uncler the laws of the
United States of America, without the "United States" (federal goveriment), that I am the one
submitting the FOIA Request above, and I hereby verify silne according to the best of Mycurrent iriformation, knowledge, zurd belief, so help me God, pursLtant to 28 U.S.C. 1746(1). See
Supremacy Clause (Constitr.rtion,I-.aws and Treaties are all the supreme Law of the Lancl),
Thank you for youl timely considet'ation of this FOIA request.
Regzuds,
Ltw"1 SvqroLaw:ence Saccato
1224 NE Walnr"rt /1257
Roseburg, Oregon 97470