Processing Freedom of Information Act (FOIA) Requests

In Reply Refer To:

1203/1278 (AZ-954.56) P

Reference WO-IM-2008-059

 

EMS TRANSMISSION 03/24/2008

Instruction Memorandum No. AZ-2008-014

Expires:  When Superseded or Canceled     EXPIRED

 

 

Purpose:  This Instruction Memorandum (IM) provides policy and procedural guidance for processing FOIA requests in all Bureau of Land Management (BLM) Arizona offices.  It also re‑delegates signing authority for FOIA response letters.

 

Policy/Action:  The following policies apply to all Arizona FOIA requests:

 

Executive Order 13392 requires all requests be processed through a “FOIA Requester Service Center” to provide better tracking of request status and, thereby, better customer service.  To fulfill this requirement, the State FOIA Officer is designated the point of contact for all Arizona FOIA requests. 

 

Request Processing:  All FOIA requests shall be centrally controlled in the Arizona State Office (ASO) by the State FOIA Officer.  The State FOIA Officer will maintain all official case files for Arizona FOIA requests and will process requests in conjunction with the designated Field FOIA Coordinator(s) and Subject Matter Expert(s) (SME) in affected offices.  Attachment 1 is a “FOIA Processing Checklist” that summarizes the processing procedures.  Attachment 2 is the “FOIA Task Worksheets” (Form AZ-1278-11) for use by staff working on a request.

 

Review/Concurrence:  All response letters must be reviewed by the State FOIA Officer before being mailed to a requester; this review may be obtained and documented via e-mail.

 

Additional reviews may be required based on certain factors (i.e., FOIA Exemption 5 – internal, pre-decisional/draft documents; FOIA Exemption 7 – law enforcement and other investigative documents; and all other identified sensitive subjects).  The requirement for additional reviews shall be at the discretion of the State FOIA Officer and/or on the recommendation of an SME or higher official.  When additional review is deemed necessary, the response letter and all accompanying records must be reviewed by a responsible Deputy State Director (DSD) or District Manager (DM) prior to release.  Attachment 3, “FOIA Review/Concurrence” (Form AZ‑1278‑12), shall be used to obtain the responsible official’s approval.

 

Delegation of Authority for Field/District Office Response Letters:  Only "no records" and total release responses may be issued from a District Office.  Signing authority for these types of response letters is delegated to the responsible DM (or designated “acting”); this authority cannot be re-delegated.  Field Managers are not authorized to sign FOIA response letters; however, they are required to review and surname any response letters and enclosures before forwarding them to their DM for signature.  (Note:  All response letters, including those issued by a District Office, must be reviewed by the State FOIA Officer prior to release.)

 

Delegation of Authority for ASO Response Letters:  All FOIA response letters that contain any denials (i.e., redactions, withholdings, and/or fee waiver denials) are delegated only to the State Director/Associate State Director (or their designated “acting”); this signing authority cannot be re-delegated.  Signing authority for ASO "no records" and total release responses is delegated to the State FOIA Officer or higher official. 

 

Timeframe:  Effective immediately.

 

Background:  FOIA request processing is mandated by strict timeframes and procedural requirements.  Recent Executive Orders, FOIA Amendments, and Department of the Interior policies have added new requirements for central control and reporting.  Current court decisions also impact how FOIA requests are processed.  The designated FOIA Coordinators in each of the Arizona Field Offices are all assigned to FOIA as a collateral-duty and, as such, are not expected to be fully knowledgeable of evolving FOIA processing requirements and current court rulings; however, the full-time State FOIA Officer is required to attain this knowledge.  Because FOIA requests are frequently a precursor to litigation or appeal, it is important that requests are properly processed and that response letters and enclosures with sensitive material are reviewed by the State FOIA Officer, SMEs, and responsible management officials.  DMs and/or DSDs particularly need to be aware of sensitive information provided through FOIA requests within their areas of responsibility. 

 

Manual/Handbook Sections Affected:  BLM Manual 1203 – Delegation of Authority, Arizona Manual Supplement 1203 – Arizona Delegation of Authority, and BLM Manual 1278 – External Access to BLM Information.

 

Contact:  If there are any questions about this IM, please contact Toni Klimek, State FOIA Officer, at 602-417-9364 or via e-mail at [email protected].

 

 

3 Attachments:

1 – Arizona FOIA Processing Checklist

(2 pp)

2 – FOIA Task Worksheets,

Form AZ-1278-11 (7 pp)

3 – FOIA Review/Concurrence,

Form AZ-1278-12 (1 p)