FREEDOM OF INFORMATION -- REQUESTER SERVICE CENTER
Guidelines on How to Use the Freedom of Information and Privacy Acts
Description of MSPB Records
How to File a FOIA or Privacy Act
Request to Access MSPB Records
Records Created and Maintained by the Board
Public Records
Certain MSPB records are available
for public inspection and distribution. Examples include: Annual Reports,
guidebooks, operating manuals, Reports on Cases Decided, press
releases, News of Merit, Issues of Merit, Federal Register
notices, staff biographies, organization charts, telephone directories, and the
Board's initial and final decisions. Copies of the Board's decisions and other
public records are maintained in the headquarters library for research and
review by the public. Final decisions and other Board documents and reports may
be downloaded from the Board's Web site. You may obtain copies of decisions
and/or other documents by writing to the Clerk of the Board, U.S. Merit Systems
Protection Board,
1615 M Street, NW., Washington, DC 20419 or by calling the MSPB Library at
(202) 653-6772 or the Clerk's Office at (202) 653-7200, by fax at (202) 653-7130,
V/TDD: (800) 877-8339, or by e-mail at . When requesting decisions, please provide the Board with the name of the case,
the date of the decision, and/or the docket number.
Other public records include information
related to the Board's special studies and oversight functions. These studies are
performed by the Office of Policy & Evaluation and consist of reports,
reviews, monographs, and other similar records and background information
pertaining to the MSPB's published surveys, reviews, investigative reports, and
special studies. Also included are records that have been released in response
to requests under the Freedom of Information Act (FOIA) or Privacy Acts (PA) that the
Board believes may be of continuing public interest. These publications and
records are available via the MSPB web site search functionality. The Board's appellate records are
maintained in a system of records subject to the Privacy Act of 1974. These
records are related to MSPB's adjudication process and customarily include all
of the parties' pleadings -- the written submissions that set
out their claims, allegations, arguments and evidence -- as well as
verbatim hearing records and the notices, orders and decisions issued
by the MSPB. These records may contain correspondence related to the
specific cases, status letters and requests for access to records.
Access to these records is provided in accordance with the FOIA and the
PA. The Board's regulations implementing these statues are at 5 CFR
Parts
1204 and
1205 , respectively.
These records are common to most federal agencies and include records such as:
personnel, payroll and administrative records;
procurement, supply and property records; budget/accounting preparation,
presentation and apportionment records; travel and transportation records;
space rental and maintenance records; communications records; and, printing,
binding, duplication and distribution records. Also included are records
related to the administration of government-wide programs such as the FOIA
and PA and other records related to the Board's correspondence and
communications with the public, other government agencies, members of
Congress, and the White House.
Persons seeking access to Board
records must comply with the regulations implementing the Freedom of Information
(FOIA) and Privacy Acts (PA) (5 CFR Parts
1204 and
1205 ). The language of the Board's regulations shall
govern any conflict that might arise between the guidance proffered here
and the Boards regulations. Requests for information should be directed to the
headquarters, regional, or field office believed to hold the information sought. Please visit the
contact page for
addresses.
If necessary, MSPB will redirect the request, and will attempt to respond within
seven to 20 days of the receipt by the appropriate office. If you are unsure
where to direct your request, contact the Office of the Clerk at (202) 653-7200
for help. Describe what you seek: Identify what you seek as concisely as possible, but
in enough detail that an MSPB employee will be able to locate them with a
reasonable amount of time and effort. It is a good idea to include a telephone
number where the MSPB may contact you if it is necessary to clarify your
request. If possible, use a computer, typewriter or a black ink pen to complete
your request. Consider costs in advance: The FOIA and PA allow MSPB to assess fees to
recover the government's cost for duplicating its records. If the Board
determines that the duplication costs will exceed $100, we will contact you to
get your consent to the fee charges before providing the records. To avoid this
delay, indicate in your request the maximum amount of fees that you are willing
to pay for the records. The Board will contact you before exceeding that amount.
Fee Waivers: If you believe that you qualify for a
waiver or reduction in the fee payment under the provisions of
the FOIA, you should state this in your initial request. You must provide
the Board with your reasons why the fees should be waived or reduced. There
is no provision for waiving fees under the PA.
Mention the FOIA/PA: State in your request that you are seeking information
under the Freedom of Information Act, or if your request is for Privacy Act
records relating to you. It helps speed processing if you write FREEDOM OF
INFORMATION or PRIVACY ACT REQUEST on the outside of the envelope, if mailed, or
in the beginning of an e-Mail or a fax submission. FOIA/PA Appeals: Sign and date your initial request and keep a copy for your
own records or for use in the event you wish to file a FOIA or PA appeal. You
may appeal: All appeals are addressed to the Chairman of the Board and should include: Reading Rooms: The MSPB Headquarters Library
(202) 653-7132 is open to the public Monday through Friday from 1:00 PM to 5:00
PM. Budget constraints preclude dedicated public reading areas
in the Board's field and regional offices. However, most offices will make space
available to the public for reading and research. The public is strongly advised
to call before visiting a regional or field office to ensure that the space and
research materials are available. Appellate Records
Administrative Records
How to File a FOIA Request to Access MSPB Records
VISIT THE MSPB