FOIA News: Diversity data still pending at Labor

Labor Department Reluctant to Reveal Contractor Diversity Data

• Federal contractors required to report diversity stats to government

• But public not able to see contractor hiring information

By J. Edward Moreno, Bloomberg Law, Oct. 20, 2022

The Labor Department branch charged with enforcing affirmative action rules for federal contractors is working to keep those same companies’ demographic data out of the public eye.

The government argues that the information could potentially hurt the contractors competitively, and that it has a legal requirement to give each of the approximately 15,000 companies a chance to object to an exhaustive Freedom of Information Act request from the Center for Investigative Reporting asking that they turn over the information.

Thousands of contractors collecting over $630 billion in taxpayer dollars each year keep everything from office cafeterias to the military running for the American people, but with virtually no public transparency about how they are faring at hiring and promoting women and minorities.

Read more here.

FOIA News: OGIS, Part 2

Understanding the Office of Government Information Services (part 2/4)

By Office of Gov’t Serv., FOIA Ombudsman, Oct. 19, 2022

In our previous blog post “Understanding the Office of Government Information Services,” we provided a basic overview of  OGIS’s history and structure. In this post we’ll focus on our mediation program.  

How are requests for OGIS assistance handled?

FOIA requesters and agencies may request OGIS’s assistance in resolving a dispute at any point in the FOIA administrative process. OGIS does not take sides in disputes or advocate on behalf of either the requester or agency; the office promotes a fair FOIA process and works with parties to reach a mutually agreeable resolution and/or increase understanding.

Read more here.

FOIA News: D.C. Circuit to hear FOIA case on Oct. 20, 2022

On Thursday, October 20, 2022, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Citizens for Responsibility & Ethics in Wash. v. DOJ, a case in which the requester-appellant disputes the government’s withholding of the identities of suppliers of lethal injection drugs under Exemption 4. A livestream and a recording will be available through the court’s website here.

The underlying decision of the district court is here.

CREW’s opening brief is here.

Court opinion issued Oct. 18, 2022

Insider, Inc. v. GSA (D.D.C.) -- holding that agency properly relied on Exemption 6 to withhold names of five members of 2020 presidential transition teams from GSA’s transition expenditure records; agreeing with agency that team members were not public figures and would face threats or harassment, whereas disclosure would shed “almost nothing: about GSA’s operations.

Summaries of all published opinions issued since April 2015 are available here.

Q&A: Dead or alive?

Q. My question is with respect to the required "proof of death.” I filed a FOIA request to the FBI on an Iranian exile figure whose story I deem of public interest, as he also testified in Congress and is named frequently in published U.S. sources, foremost the State Department. The FBI repeatedly denied public interest. I was able to locate the graveyard of this person and even provided a picture of the gravestone. Now the FBI, even after appeal, claims that this is insufficient. Any advice?

A. I am inclined to agree that a photograph of a gravestone is insufficient proof of death; it is merely evidence that someone with the same name is deceased. Most requesters submit a newspaper story or obituary. If you cannot find those items, consider looking for the death certificate, a police report, or even paperwork from a funeral home. I assume you received the FBI’s list of recognized sources.

Q. I understand that a grave might not be enough. This one, however, has an unique aristocratic title, so there’s no doubt that this is the individual I was looking for. Any tips how to get a death certificate as a non-relative for someone who died in California?

A. If the tombstone includes a date of birth, and you have documentary evidence that links your individual with that date, that might do the trick. You should be able to obtain an “informational copy” of a death certificate from the California Department of Health. See details here.

FOIA News: Chief FOIA Officers Council to meet Nov. 3

The Chief FOIA Officers (CFO) Council will meet remotely on Thursday, November 2, 2022, from 10 AM to 12:30 PM, to provide updates from the Department of Justice, the National Archives, and Council Committees. Members of the public may attend the meeting. See attendance details here.

FOIA News: Air Force denies releasing House candidate's personal info

Air Force Casts Doubt on Politico’s Claim that GOP Candidate’s Sexual Assault Was Public Info

By Isaac School, Nat’l Rev., Oct. 13, 2022

The Air Force has denied that Politico‘s outing of a Republican congressional candidate’s status as a sexual-assault survivor could have been based on documents released as part of a Freedom of Information Act (FOIA) request, despite the publication’s claims otherwise.

Politico’s Adam Wren reported last week that Indiana congressional candidate and Air Force veteran Jennifer-Ruth Green suffered a sexual assault while serving in Iraq, despite Green’s pleas that he refrain from disclosing the details. Wren claimed that the lengthy profile of Green was based on documents obtained through a FOIA request and provided to Politico by a third party.

Read more here.

FOIA News: Happy Bday, OGIS, Part 1

Understanding the Office of Government Information Services (part 1/4)

By Kimberlee N Ried, The FOIA Ombudsman, Oct. 12, 2022

As we at the Office of Government Information Services (OGIS) celebrate our 13th birthday, Ombuds Day, and Mediation Week, we want to provide a refresher and overview of our services and explain a bit more about what we do as a part of the Freedom of Information Act (FOIA) process. Below is some historical information about OGIS along with answers to common questions about how we do our work.

Read more here.

Court opinion issued October 10, 2022

Roberson v. FBI (D.D.C.) -- determining that: (1) plaintiff exhausted his administrative remedies because his lawsuit was deemed filed on the date he provided it to prison officials for mailing, which preceded the FBI’s untimely response by two days; and (2) doctrine of res judicata did not preclude plaintiff from bringing his FOIA claim.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Air Force discloses Congressional candidate’s performance evaluation; identifies her as sexual assault victim

In case you missed it, Politico reported last Friday that Jennifer-Ruth Green, a candidate for the U.S. House in Indiana, had received a poor performance review from the Air Force in 2009, and that she had been a victim of sexual assault. Notably, Politico further reported that it had obtained this information through a third party’s FOIA request to the Air Force. Ms. Green has called foul, asserting that the disclosure was illegal. She appears to have a good case. Absent overriding public interest, performance appraisals of federal officials are routinely withheld on privacy grounds pursuant to Exemption 6. See, e.g., Judicial Watch v. U.S. Dep’t of Commerce, 337 F. Supp. 2d 146, 176-177 (D.D.C. 2004); 5 C.F.R. 293.311(a)(6) (OPM regulation excluding performance appraisals from list of personnel information available to public). The Department of Defense’s privacy policies with respect to its service members have traditionally followed or been more stringent than those of the Office of Personnel Management, particularly after September 11, 2001.