July 29, 1999
Carol Anne Burger
Credit Union Times
560 Village Blvd., Suite 325
West Palm Beach, FL 33409
Re: FOIA Appeal, your letter dated June 24, 1999
Dear Ms. Burger:
On May 4, 1999, you filed a request under the Freedom of Information
Act (FOIA) for a copy of "the minutes of the closed session
of the NCUA Board conducted on February 24, 1999, at which the
conservatorship of Waldo Community Development FCU" was discussed.
You also requested all supporting documents. Dianne Salva, NCUA's
FOIA Officer, responded to your request on May 28, 1999. Your
request was denied. Ms. Salva stated she could neither confirm
nor deny whether the matter was discussed at the February 24th
Board meeting. We received your June 24 appeal on July 1. We
can neither confirm nor deny whether the subject matter about
which you requested documents was discussed at the February 24,
1999, closed Board meeting and, therefore, can neither confirm
nor deny the existence of records responsive to your request.
Information of this type, if it exists, would be subject to exemption
(b)(8) of the FOIA (5 U.S.C. 552(b)(8)) and exemptions 8 and 9(A)(ii)
of the Government in the Sunshine Act (5 U.S.C. 552b(c)(8)(9)(ii)).
You may treat this response as a denial of your appeal.
Pursuant to 5 U.S.C. 552(a)(4)(B), you may seek judicial review
of this determination by filing suit against the NCUA. Such a
suit may be filed in the United States District Court in the district
where you reside, where your principle place of business is located,
the District of Columbia, or the Eastern District of Virginia
(Board meeting transcripts are stored in Alexandria, VA).
Sincerely,
Robert M. Fenner
General Counsel
GC/JJE/HMU:bhs
99-0705
SSIC 3212