I. BASIC INFORMATION REGARDING THIS REPORT

Questions regarding this report may be directed to:

Electronic copies of the report are on the MSPB Web Site: http://www.mspb.gov
Paper copies of the report my be obtained by writing to the above address.

II. HOW TO MAKE A FOIA REQUEST TO THE MSPB

The Board has prepared a FOIA Guide, which is on its Web Site (http://www.mspb.gov). Paper copies are also available in the Board’s Headquarters Library, by calling 202-653-7200, or by e-mail: mspb@mspb.gov.

A. Names, addresses and telephone numbers of Board offices where FOIA requests can be filed:
 
 

Merit Systems Protection Board Atlanta Regional Office 401 W. Peachtree Street, N.W. Suite 1050 Atlanta, Georgia 30308-3519 404-730-2751	Merit Systems Protection Board Dallas Field Office 1100 Commerce Street Room 6F20 Dallas, Texas 75242-9979 214-767-0555
Merit Systems Protection Board Central Regional Office 230 South Dearborn Street 31st Floor Chicago, Illinois 60604-1669 312-353-2923	Merit Systems Protection Board Denver Field Office 12567 W. Cedar Drive Suite 100 Lakewood, Colorado 80228 303-969-5101
Merit Systems Protection Board Northeastern Regional Office U.S. Customhouse, Room 501 Second and Chestnut Streets Philadelphia, Pennsylvania 19106-2987 215-597-9960	Merit Systems Protection Board Western Regional Office 525 Market Street Room 2800 San Francisco, California 94105-2736 415-705-2935
Merit Systems Protection Board New York Field Office 26 Federal Plaza, Room 3137-A New York, New York 10278-0022 212-264-9372	Merit Systems Protection Board Seattle Field Office 915 Second Avenue Suite 1840 Seattle, Washington 98174-1056 206-220-7975
Merit Systems Protection Board Boston Field Office 99 Summer Street Suite 1810 Boston, Massachusetts 02110-1200 617-424-5702	Merit Systems Protection Board Washington Regional Office 1800 Diagonal Road Suite 205 Alexandria, Virginia 22314 703-756-6250

B. MSPB Response Time Ranges for FOIA Requests.

In FY 2001 the Board’s goal was to respond within twenty workdays of receipt of the request. This goal was met or exceeded in 85% of the processed requests.

C. Why Some FOIA Requests to MSPB Are Not Granted.

Many of the FOIA requests received are for MSPB case files or for documents from case files, which are covered by the Privacy Act. Personal information in these files is redacted to prevent an undue invasion of the personal privacy of appellants, witnesses and third parties.
 

III. DEFINITIONS OF TERMS AND ACRONYMS.

A. Agency-specific acronyms or other terms.

PFA--Petition for Appeal
PFR--Petition for Review

B. Basic terms, expressed in common terminology.

1. FOIA/PA request -- Freedom of Information Act/Privacy Act request. A FOIA request is generally a request for access to records concerning a third party, an organization, or a particular topic of interest. A Privacy Act request is a request for records concerning oneself; such requests are also treated as FOIA requests. (All requests for access to records, regardless of which law is cited by the requester, are included in this report.)

2. Initial Request -- a request to a federal agency for access to records under the Freedom of Information Act.

3. Appeal -- a request to a federal agency asking that it review at a higher administrative level a full or partial denial of access to records under the Freedom of Information Act, or any other FOIA determination such as a matter pertaining to fees.

4. Processed Request or Appeal--a request or appeal for which an agency has taken a final action on the request or appeal in all respects.

5. Multi-track processing--a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests in each track are processed on a first-in/first out basis. A requester who has an urgent need for records may request expedited processing.

6. Expedited processing--an agency will process a FOIA request on an expedited basis when a requester has shown an exceptional need or urgency for the records which warrants prioritization of his or her request over other earlier requests that were made earlier.

7. Simple request--a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the volume and/or simplicity of records requested.

8. Complex request--a FOIA request that an agency using multi-track processing places in a slower track based on the volume and/or complexity of records requested.

9. Grant--an agency decision to disclose all records in response to a FOIA request.

10. Partial grant -- an agency decision to disclose a record in part in response to a FOIA request, deleting information determined to be exempt under one or more of the FOIA's exemptions; or a decision to disclose some records, but to withhold others in whole or in part.

11. Denial -- an agency decision not to release any part of a record in response to a FOIA request because the information in the requested records is determined by the agency to be exempt under one or more FOIA exemptions, or for some procedural reason (such as the inability to locate a record in response to a FOIA request).

12. Time limits--the time period in the Freedom of Information Act for an agency to respond to a FOIA request (ordinarily 20 working days from proper receipt of a "perfected" FOIA request).

13. "Perfected" request -- a FOIA request for records that adequately describes the records sought, which has been received by the FOIA officer of the agency or agency component in possession of the records, and for which there is no remaining question about the payment of applicable fees.

14. Exemption 3 statute--a separate federal statute prohibiting the disclosure of a certain type of information and authorizing its withholding under FOIA section (b)(3).

15. Median number--the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.

16. Average number--the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average is 8.

 V. INITIAL FOIA/PA ACCESS REQUESTS

A. Numbers of initial requests.
 

1. Number of requests pending as of end of preceding fiscal year	0
2. Number of requests received during current fiscal year	391
3. Number of request processed during current fiscal year	391
4. Number of requests pending as of end of current fiscal year	0

B. Disposition of initial requests.
 

1. Number of total grants	370
2. Number of partial grants	12
3. Number of denials	0
a. number of times each FOIA exemption used counting each exemption once per request
Exemption 1	0
Exemption 2	0
Exemption 3	0
Exemption 4	0
Exemption 5	2
Exemption 6	10
Exemption 7(A)	0
Exemption 7(B)	0
Exemption 7(C)	3
Exemption 7(D)	3
Exemption 7(E)	0
Exemption 7(F)	0
Exemption 8	0
Exemption 9	0
4. Other reasons for nondisclosure (total)	9
a. no records	9
b. referrals	0
c. request withdrawn	0
d. fee-related reason	0
e. records not reasonably described	0
f. not a proper FOIA request for some other reason	0
g. not an agency record	0
h. duplicate request	0
I. other (specify)	0

VI. Appeals of Initial Denials of FOIA/PA Requests

A. Numbers of appeals
 

1. Number of appeals received during fiscal year	5
2. Number of appeals processed during fiscal year	4

B. Disposition of appeals
 

1. Number completely upheld	2
2. Number partially reversed	2
3. Number completely reversed	0

A. Median processing time for requests processed during the year

 

1. Simple requests (if multiple tracks used)
a. number of requests processed	390
b. median number of days to process	18
2. Complex requests (specify for any and all tracks used)
a. number of requests processed	0
b. median number of days to process	0
3. Requests accorded expedited processing
a. number of requests processed	1
b. median number of days to process	7

 

1. Number of requests pending as of end of current fiscal year	0
2. Median number of days that such requests were pending as of that date	0

A. Comparison of numbers of requests received

363 requests received in FY 2000
391 requests received in FY 2001

364 requests received in FY 2000
391 requests received in FY 2001

N/A

E. Other narrative statements describing agency efforts to improve timeliness of FOIA performance and to make records available to the public.

IX. Costs/FOIA Staffing

A. Staffing levels

 

1. Number of full-time FOIA personnel	0
2. Number of personnel with part-time or occasional FOIA duties (in total work years)	11
3. Total number of personnel (in work years)	0.1

 

1. FOIA processing (including appeals)	$57,540.00
2. Litigation-related activities (estimate)	0
3. Total costs	$57,540.00
4. Comparison with previous year(s) (including percentage of change) (optional)

X. Fees

A. Total amount of fees collected by agency for processing requests -- $446.00

B. Percentage of total costs -- .01%