Re: FOIA appeal, your letter dated December 9, 1999
Dear :
On October 15, 1999, you submitted a Freedom of Information Act
(FOIA) request for an NCUA manual or procedural documents that
"describe the specific method approved for manufacturing
a certificate of insurance when a law enforcement agency requests
one to be used at trial." Dianne Salva, NCUA's FOIA Officer,
responded to your request on December 1, 1999. She stated that
NCUA does not have a staff manual or other documentation for use
in preparing a certificate of insurance. She enclosed two drafts
of a certificate of proof of insured status. We received your
December 9, 1999 appeal on December 20. You repeat your original
request and note that you did not request the certificates. There
are no documents responsive to your request.
NCUA does not have written instructions or procedures regarding
preparation of a certificate of share insurance for use at trial.
Generally, a certificate of proof in insured status will be prepared
by the Regional Director responsible for the credit union in question.
The certificate sets forth the name of the credit union and when
it was approved for federal share insurance. This original, notarized
certificate may be submitted at trial to show that the credit
union is insured.
Federal agencies are under a duty to conduct a reasonable search
for records when a FOIA request is received. Patterson v.
Internal Revenue Service, 56 F.3d 832 (7th Cir.
1995). The question is not whether any documents responsive to
the request might exist, but rather whether the search for any
responsive documents was adequate. Steinberg v. United States
Department of Justice, 745 F.2d 1476 (D.C. Cir. 1984). We
have searched indexes of NCUA instructions and found no responsive
documents. Requests for proof of insurability are handled on
a case by case basis.
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,
or the District of Columbia.
Sincerely,
Robert M. Fenner
General Counsel
GC/HMU:bhs
SSIC 3212
99-1234
FOI 00-20