FY2010 (and earlier)

Here is a collection of FOIA requests made seeking FAA records. Use the search function to help locate documents relevant to your area of concern. Hover over the active links below for short descriptions. Click to open the PDF files in a separate window. [NOTE: this collection is under construction; some links may not yet be active]

FOIA#2010-8298 AB Case pages from 3-years of AWP Terminal Reports.
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SYNOPSIS: FOIA request to Corpus. The Appeal response mailed 7/18/11 has 18-pages, and finally reveals the AB Case numbers.

KEYWORDS: Term.Reports, AB.Cases, ..

FOIA#2010-8297 shortDESCRIPTION.
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(I)*FOIA#2010-8248WP Key documents from twelve Arbitration/MSPB Cases.
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SYNOPSIS: FOIA request filed with Dolores Corpus on 9/8/10. Eleven different arbitrations, and one MSPB Case were specified, and the request sought specified copies from each case file. A 9/16/10 Acknowledgment letter was received on 9/20/10. A 10/18/10 Response was a full denial, signed by William Withycombe, with he and Tim Kubik responsible; they cited FOIA Exemptions #2 and #6. An 11/12/10 Appeal letter was sent, pointing out that FOIA Exemption #2 is not applicable, and FOIA Exemption #6 is clearly being excessively applied. An 11/23/10 Appeal Acknowledgment letter, signed by Mary Thompson, was received on 11/26/10. Eight months later, a 7/15/11 letter signed by Melanie Yohe advised the FOIA request had been remanded back to AWP. A 621-page FOIA Response dated 10/14/11 was then received, more than thirteen-months after the initial FOIA request was filed. An Appeal was filed on 11/8/11. Then, more than thirty months after the first appeal was filed, a 4-page letter was sent denying the appeal, and invited the filing of a civil action in District Court. The Appeal denial was signed by Victoria Wassmer, with stated concurrence by both the FAA Office of Chief Counsel and John Allread at the DoT General Counsel office.

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FOIA#2010-8247 shortDESCRIPTION.
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FOIA#2010-8212 AB Case Printouts for seven specified AB Cases.
9-9-201012-17-201012-29-20105-1-2012
SYNOPSIS: A table was compiled using data from earlier FOIA responses. Seven AB Cases were listed, showing dates, case numbers, issues, and status of the AB Case. The table was submitted as an attachment to this new FOIA request, seeking printouts for the following: AB2008-0138, AB2008-0112, AB2008-0101, AB2008-0096, AB2008-0013, AB2008-0174, and AB2008-0160. FOIA Request was dated 9-9-10. Response dated 12-17-10 was excessively redacted, using b(6). Appeal sent 12-29-10. Appeal Response received sixteen months later, on 5-7-12.

KEYWORDS: victoria wassmer, John Allread, angela porter, mary thompson, kont, ksee, ktoa, mmac, ksfo, tus tracon.

FOIA#2010-7894 shortDESCRIPTION.
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FOIA#2010-7128 shortDESCRIPTION.
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FOIA#2010-7040 shortDESCRIPTION.
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FOIA#2010-6523 shortDESCRIPTION.
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FOIA#2010-5878 shortDESCRIPTION.
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FOIA#2010-5713 shortDESCRIPTION.
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FOIA#2010-5390WP Tim Kubik emails.
5-29-20106-1-20106-28-20107-2-20107-21-2010
SYNOPSIS: Tim Kubik had worked in (and even managed) the AWP LR office for years, then was promoted to become HR Director during the first year that I was locked out. I had found a few emails confirming he was involved in the case, so I submitted a FOIA request seeking all relevant emails from 2/1/07 to 11/30/08. He replied with an outrageously high $3300 FOIA fee estimate (at a time when similar FOIA responses had been either free or cost no no more than roughly $100 to produce). I replied by sending a note back with four questions about the fee estimate. He sent a second certified letter, received on 7/28/10. I refused to pay the exorbitant fee estimate, and the FOIA request was then closed.

KEYWORDS: tim kubik, dolores corpus, aletha hicks-moffatt.

FOIA#2010-5389 Selected Pages from TermRpts, 2007 and 2008.
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SYNOPSIS: newFOIA to Corpus, seeking all C&D, Grievance, ULP and AB Issues pages from all TermRpts in two time windows: April-07 through October-07, and March-08 through November-08.

KEYWORDS: Term.Reports,

FOIA#2010-5324 Disciplinary letters at CCR, APC, RHV and PAO (6/06 thru 8/09).
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FOIA#2010-5323 shortDESCRIPTION.
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FOIA#2010-5255 Emails sent/received by AWP/EAP Manager Cindy Lopez-Hickson.
REQUEST:
5-17-2010.. A letter sent to AWP FOIA intake, Dolores Corpus. Attached was a one-page table, listing “a small sampling of the more than 3,000 pages obtained during the past three years, mostly via FOIA requests. They present a clear indication of Ms. Lopez-Hickson’s key role in this case during the first half of 2007.” Ms. Lopez-Hickson is the FAA Manager in charge of the Employee Assistance Program (EAP) at FAA’s Western-Pacific Region (AWP). ACK: 5/24/10.
RESPONSE:
6-21-2010.. A one-page cover letter signed by Bill Withycombe, with 42-pages attached. Partial redactions were done, citing FOIA Exemption #5. Mostly emails (and attachments to those emails), these records solidly confirmed the central role Ms. Lopez-Hickson played in the Lewis-FAA Case, particularly from the day of the lockout (2/16/07) until the day the illegal constructive suspension was ebgun (4/17/07).
APPEAL:
7-13-2010.. A 13-page, color PDF package, with a 2-page Appeal cover letter, a 5-page Index listing the entire contents of the Response received on 6/27/10, a one-page diagram ‘Four Phases of the Lewis-CCR Case‘, a one-page Table ‘List of Documents needed through Appeal, FOIA-2010-5255WP‘, and four Exhibits.
9-2-2010.. No acknowledgment had been received, and Duke Taylor had advised via email that nothing had been received. So the Appeal was sent again, via certified mail.
9-12-2010.. Letter acknowledging receipt of Appeal. Note not received until forty days after the date on the letter.
9-3-2011.. Email to Duke Taylor and Melanie Yohe (FAA’s FOIA Public Liaison) with a copy of the fourteen-month old Appeal, and asking for an update.
11-30-2011.. Email to Duke Taylor, asking for a  phone call to discuss (and resolve) the ongoing delays with this FOIA Appeal response.
1-10-2012.. an aiREFORM page, with links to related documents: …We should all expect much better from Washington” (An effort to resolve a FOIA impasse at FAA).
3-21-2012.. A string of emails in which Lewis repeated his requests to Duke Taylor, to get the Appeal response done. the first was dated 2/11/12. It was forwarded (repeated) on 3/1/12, and again on 3/21/12.
APPEAL RESPONSE:
3-22-2012.. A 16-page, grayscale PDF copy, received 4/2/12. Included a 3-page cover letter signed by Victoria Wassmer, sustaining some of the appealed Ex-5 redactions, but also agreeing that some records had been improperly withheld. These were provided in the attached 13-pages. Pages 4-7 was the first draft (by Lopez-Hickson) of the letter Jason Ralph mailed to Lewis on 3/16/07. This is the extraordinary letter that ordered Lewis to get an undefined medical evaluation, and send the doctor’s assessment to Jason Ralph, an air traffic manager! An analysis of the various drafts shows the thought-process behind the evolution of the final letter. It also exposes Mr. Ralph’s extreme bias against Lewis, and his willingness to manipulate the facts.

FOIA#2010-5073 shortDESCRIPTION.
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FOIA#2010-5047 shortDESCRIPTION.
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FOIA#2010-4786 shortDESCRIPTION.
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FOIA#2010-4091WS Monique France emails.
3-29-20106-7-20107-9-2010 APPEAL7-15-20109-26-201111-3-2011
SYNOPSIS: Monique France was the FAA official in charge of staffing for all towers in the western third of the country (Western Service Area, or WSA). She was also the ‘Settlement Authority’ in legal matters, such as MSPB cases. I requested all emails and attachments relevant to my case, for the time period 7/1/06 to 3/1/09. Fourteen pages were attached to this FOIA reques, including a table and sample records showing how extensively involved Monique France was in this matter. A 6/7/10 RESPONSE was signed by Donna Taylor for Kathryn Vernon, and declared ‘No Records’. APPEAL was filed 7/9/10, with two pages attached. A supplement to the Appeal was mailed on 7/15/10, due to a new letter received from Tim Kubik on a different (but related) FOIA request. The FOIA Appeal languished for more than a year. Then, an 11/3/11 APPEAL CLOSURE letter was issued, signed by Michael Cirillo for Victoria Wassmer. NOTE: despite her important position at WSA, Monique France has NEVER produced any meaningful records related to the Lewis case.

KEYWORDS: monique france, donna taylor, kathryn vernon, john warner, Tim kubik, michael cirillo, victoria wassmer.

FOIA#2010-3984WP Emails for five AWP employees, as archived on 6/30/08.
3-25-2010 thru 7-6-20109-17-201010-9-2010 APPEAL10-25-20103-31-2011
SYNOPSIS: The original FOIA REQUEST sought the 6/30/08 archival backup tape emails for five FAA employees: Dan Castrellon, Dick Fossier, Ros Marable and Glen Rotella (all at AWP-16, aka LR), and Dr. Stephen Goodman, the AWP Regional Flight Surgeon. Lewis sent it to Dolores Corpus. She acknowledged and sent it up to FAA HQ for processing. Lewis was then busy with a series of communications, including with Dean Torgerson at FAA HQ FOIA, to agree to fees. After all of that, the records were sent to AWP, at which point Tim Kubik began to negotiate a new, much higher fee agreement. The result was Lewis dropped two names (Goodman and Fossier) and agreed to pay up to $220 for the emails archived for Castrellon, Marable and Rotella. The 9/17/10 FOIA RESPONSE was mailed. Lewis filed an APPEAL on 10/9/10. Jeb Kreischer at FAA HQ FOIA sent a 10/25/10 APPEAL ACKNOWLEDGMENT letter. The final APPEAL RESPONSE was signed by Mike Cirillo, on 3/31/11.

KEYWORDS: dolores corpus, dan castrellon, dick fossier, stephen goodman, ros marable, glen rotella, joann noonan, dean torgerson, jeb kreischer, tim kubik, mike cirillo, paula lewis.

FOIA#2010-3851 shortDESCRIPTION.
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FOIA#2010-3850 shortDESCRIPTION.
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FOIA#2010-3323WP Dan Castrellon emails.
3-2-20103-5-20104-28-20106-1-2010 APPEAL6-9-20109-26-201111-9-2011
SYNOPSIS: Dan Castrellon was the acting manager at AWP-16, and was directing Ros Marable to draft the removal letter for Lewis. This FOIA  requested all emails sent by or received by Castrellon, including bcc copies and attachments, from 7/1/07 until 3/1/09. It specified to conduct the search using HQ/IT archival tapes if Castrellon was unable to produce all responsive records. RESPONSE dated 4/28/10 had a one-page cover letter and 30-pages of attached records, with no redactions but declaring this to be a ‘partial no records response’. Regional Administrator William Withycombe and HR Director Tim Kubik were declared responsible. It was clear from other Castrellon records that this was a cherry-picked response and dozens of known records were withheld but not declared. A heavily documented APPEAL was filed on 6-1-10. Jeb Kreischer acknowledged on 6/9/10. Nothing more happened for fifteen-months, then Duke Taylor sent a letter proposing an exorbitant search fee. After some back-and-forth communications, an APPEAL CLOSURE letter was finally sent out on 11/9/11. This precipitated Lewis’ FOIA Lawsuit, filed 12/5/11. [6-1-10 legible copy of 4-phases diagram]*[6-1-10 legible copy of 8-23-08 grievance filing]

KEYWORDS: Dan castrellon, william withycombe, tim kubik, glen rotella, naomi tsuda, jeb kreischer, 4-phases diagram, pay-to-play.

FOIA#2010-2736 shortDESCRIPTION.
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FOIA#2010-2508 shortDESCRIPTION.
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FOIA#2010-1715 shortDESCRIPTION.
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FOIA#2010-1696 shortDESCRIPTION.
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FOIA#2010-1582 shortDESCRIPTION.
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FOIA#2010-1567 shortDESCRIPTION.
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FOIA#2010-1540 shortDESCRIPTION.
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FOIA#2010-0352 shortDESCRIPTION.
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FOIA#2010-0243 Seeking documentation related to AB Cases 2007-0097 & 2007-0098.
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SYNOPSIS: Email request to Vicki Hendrickson.

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FOIA#2010-0211 shortDESCRIPTION.
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FOIA#2010-0192 shortDESCRIPTION.
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FOIA#2009-7216 shortDESCRIPTION.
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FOIA#2009-7215 shortDESCRIPTION.
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FOIA#2009-6973 shortDESCRIPTION.
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FOIA#2009-4861 shortDESCRIPTION.
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FOIA#2009-3917 shortDESCRIPTION.
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FOIA#2009-0483 Seeking AB Case Printouts for 2007-0097 & 2007-0098.
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KEYWORDS: AB.Cases, ..

FOIA#2008-7407 shortDESCRIPTION.
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FOIA#2008-7242 shortDESCRIPTION.
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FOIA#2008-0107 shortDESCRIPTION.
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FOIA#2007-7955 shortDESCRIPTION.
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FOIA#2007-7648 Contents of Lewis AB Case File.
REQUEST:
09-02-2007.. Lewis sent a letter to Gwen Marshall seeking all contents of the Accountability Case file along with her “preserved notes and reports of pertinent facts and decisions relating to this case.” The letter also included a list of fourteen questions to clearly define how the Accountability Board Order was correctly applied in the Lewis AB case. Each question included a cite to the specific paragraph within FAA Order 1110.125a. (2p)
PREMATURELY CLOSED BY FAA (notes & links):
The new FOIA Request was acknowledged via a 9/17/07 letter signed by Carlette Young, advising it was assigned to her. Two months later, Lewis sent a short letter to Carlette Young (dated 11/10/07); he attached a copy of the original FOIA Request letter and asked for a status update. No response was returned.
Nothing more happened until August 2008. Lewis was in a paid leave status expecting to soon return to work. Given this status, the response to F07-76748 seemed non-urgent. Furthermore, Lewis had received a 4/17/08 letter signed by District Manager Andy Richards, advising ‘a return-to-work-plan would be discussed’. This all changed, though, in late July, when Lewis received another letter signed by Andy Richards proposing to fire him based solely on the February 2007 AB Case allegations. Thus, the response to F07-7648 suddenly became urgent. So, Lewis contacted Carlette Young and Gwen Marshall.
Related links:
RESPONSE:
08-15-2008.. Interim Response signed by Tim Kubik, serving as the Acting Director AWP HR. “We apologize for the delay in responding to your FOIA request, this was due to a miscommunication in our office. We assumed that the information you requested was answered outside the FOIA process and no response through FOIA was needed.” He advised the records search was being resumed and Lewis should receive a response by 9/4/08. He also noted questions should be directed to Clemortee Marable at AWP-16 (she was the LR Specialist drafting the letters related to Lewis’ removal proposal). Kubik’s characterization of this being a ‘miscommunication’ was absurd, so Lewis sent an 8/24/08 letter to Kubik, seeking further details. Kubik responded with a 9/5/08 letter, which again had no substantial information.
09-09-2008.. Response letter signed by William Withycombe, with Withycombe and Kubik declared responsible for content and redactions. Declared 30-pages were fully withheld, citing FOIA Exemption #5. Critical disclosable lines on most of the attached emails were spot-redacted. Years later, when unredacted copies were finally obtained, they revealed the extent of Kubik’s damaging effort to block Lewis from knowing the details of how his AB case was handled.
APPEAL:
10-02-2008.. A 1-page Appeal letter was sent, detailing the lengthy delays and specifying cites in FAA’s FOIA Order (1270.1) and Accountability Board Order (1110.125A). A key paragraph stated this:
“…Mr. Withycombe and Mr. Kubik have improperly denied the bulk of my FOIA request citing Exemption 5 for deliberative process privilege. The records I requested are all more than 500 days old, and were related to an investigation and disciplinary process guided by FAA Order 1110.125A, Accountability Board. FAA Order 1110.125A para. 15f(6) states decisional/response action is a priority with a 10-workday deadline for issuance of decisional correspondence. That deadline was in mid-April 2007…nearly 540-days ago, when I received a letter illegally placing me into a constructive suspension. Thus, the attached partial-denial letter documents a severe failure by Mr. Kubik to comply with the Accountability Board Order….”
A 10/15/08 letter, signed by Acting Manager Kim Curry, acknowledged receipt of the FOIA Appeal and was received by Lewis on 10/22/08. This was nine-days before Lewis was informed that a decision was made to fire him. [NOTE:
APPEAL RESPONSE:
MM-DD-YYYY.. TEXT.

FOIA#2007-7547 Copy of ROI AWP-20070078, and records defining alleged behaviors.
REQUEST:
8-28-2007.. Lewis received a copy of his ‘Entire Medical File’ from CAMI, in late August 2007. A month earlier, he had received a 7/23/07 letter from Dr. Goodman, detailing some of the history behind the failed attempt to force a medical retirement. The “Entire Medical File” contained 244 items, and Item #36 was a 7/23/07 note between doctors, which stated: “…if you need additional documentation, the manager at Concord Tower has the data.” This new FOIA sought a copy of the ROI as well as copies of the documents held by the manager at Concord Tower, as mentioned in Item #36.
RESPONSE:
10-10-2007.. Part One of the response was the ‘Report of Investigation (ROI), received on 10/10/07, from Ed Jones at AWP Security. Within the 94-pages Lewis found five of his six coworkers were interrogated, as was his manager (Jason Ralph) and supervisor (Patricia Hardy). The ROI revealed allegations (all but one by Jason Ralph) that were not shared with Lewis prior to reading about them eight-months after being locked out from the Concord tower. FAA officials (Teri Bristol, Barry Davis, Dr. Stephen Goodman, and Dick Fossier) were provided ROI copies immediately after it’s 3/28/07 completion. Davis/Bristol forwarded their copy to Jason Ralph in mid-April.
10-26-2007.. Part Two of the response was 44-pages of records from Concord Tower, as compiled by Jean Zullo at WSA, and received on 10/31/07; it was signed by Mark Reeves. This was presented as a ‘Full Disclosure’ FOIA Response, but years later, subsequent FOIA’s revealed key records were silently redacted. [A link to a 45-page PDF with this FOIAResponse portion]
10-31-2007.. Part Three of the response was an ‘interim response’ sent via FedEx Overnight and received on 11/1/07. In this brief letter, Dr. Goodman extended the receipt deadline to 11/9/07.
11-08-2007.. Part Four of the response was a letter signed by William Withycombe and declaring Dr. Goodman found NO RECORDS. This statement was proven resoundingly false in early 2009, when Dr. Goodman produced nearly 100-pages of records for MSPB Discovery (at the IAF, Tab 4s).
APPEAL:
11-15-2007.. It was evident from this FOIA Response and the F08-0107 Response that Dr. Goodman and AWP were concealing important records, so Lewis filed his first two FOIA Appeals on this date. Here is a paragraph from the F7-7547 Appeal letter: “This medical memo was created by one FAA medical professional to communicate information to another FAA medical professional. Given the gravity of the decisions they make, medical professionals normally are careful to avoid making casual statements and carefully document the veracity of the statements they do make. In this case, a Regional Flight Surgeon created a libelous document that was then placed into my Medical File. Clearly, this document was sourced in either a slander (perhaps a phone conversation from another FAA source) that the Regional Flight Surgeon casually incorporated into his memo, or from a “source document” (perhaps a memo from an FAA manager detailing his/her concerns about my alleged behavior). In either case, I have a responsibility to ensure my Medical File is correct and not polluted with false information, and I am reasonably entitled to an explanation and apology when harm has been done, as has happened here.”
11-15-2007 letter to Mark Reeves.. At the same time, Lewis sent this letter to Mark Reeves, a high level official at FAA’s Western Service Area (working with Teri Bristol and Barry Davis, who were responsible for Lewis’ disciplinary action). The letter offered some background and noted that the FOIA Response he had signed “…included no medically relevant ‘additional documentation’….” This indicated a high probability that Jason Ralph had removed numerous key documents; years later, evidence proved this did in fact happen.
11-26-2007 Reply.. Mark Reeves sent Lewis an un-dated Certified Letter which generally dodged the concerns Lewis had raised. He did confirm that the 10/26/07 FOIA Response portion he had signed was responsive to part-2: “…a copy of all ‘additional documentation’ being held by the Concord Airport Traffic Control Tower Manager.”
6-7-2010.. Thirty-one months later, and after receiving a series of key records in FOIA responses in early 2010, Lewis sent a 6/7/10 letter to Duke Taylor, manager at FAA’s FOIA Program. In this letter, Lewis explained the history and presented the evidence that, clearly, Dr. Goodman had misrepresented the truth when he declared ‘no records’ on 11/8/07, yet produced so many of the concealed records a year later.
APPEAL RESPONSE:
3-17-2011.. The Appeal Response was delayed still further, but received on 4/4/11. It declared again ‘no records’, and was signed by Mike Cirillo for Paula Lewis.

FOIA#2007-7097 Lewis’ ‘Entire Medical File’, as held at CAMI.
REQUEST:
8-15-2007.. Dr. Goodman permanently revoked Lewis’ ATC Medical Clearance on 6/21/07, though this was reversed and Lewis was fully medically restored on 1/10/08. Lewis learned of the medical revocation via a letter received on 6/29/07. His medical file was then sent to CAMI in Oklahoma City, where Dr. Steve Schwendeman was tasked with wrapping up the details so that the disqualification could be finalized by the Federal Air Surgeon at FAA Headquarters. Dr. Schwendeman called Lewis out of the blue on 8/2/07, to confirm his mailing address, then sent THREE COPIES of an 8/2/07 letter setting a 9/1/07 deadline for Lewis to produce information. Dr. Schwendeman had been extremely defensive on the phone, and would not answer a couple simple questions. This led Lewis to believe that CAMI’s view of Lewis might have been distorted by slander. So, Lewis made a request to see their copies of Lewis’ ‘Entire Medical File’. Connie Toby did an excellent job, recognizing the time-urgency and producing the records virtually overnight. [ACK 8-22-2007]
RESPONSE:
8-23-2007.. The Response was immediately produced. Lewis received it via Certified/Overnight, on 8/24/07. A 2-page letter signed by Dr. Warren Silberman had another 339-pages attached. The earlier copy of Lewis’ ‘Entire Medical File’, as received from Dr. Goodman on 7/24/07, was 206-pages; thus, the file had grown dramatically in a month. It appeared that the bulk of the new documents were copies to show what had been mailed to Lewis in late July. The file continued to include the extremely slanderous 6/7/07 doctor-to-doctor memo. One added record was a 7/23/07 note, apparently by the same author as the 6/7/07 memo, where the author talks about evaluation reports and says he talked with ‘Charlie’ (Lewis learned years later that ‘Charles Chesanow’ is the chief psychiatrist, at FAA Headquarters). It also included a 7/5/07 CPDSS printout; CPDSS is an electronic records system for medical files (Lewis used this information to make later FOIA requests, to obtain more concealed records).

FOIA#2007-6101 All copies related to 2/7/02 CCR ATCT ‘Anonymous Hotline Complaint’
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REQUEST:
7-2-2007.. Nearly five months after the unexplained lockout, Lewis had still gotten no information from Jason Ralph or others at FAA, so he made his first FOIA request. It was mailed to the FAA Administrator’s Hotline, and requested copies of all records related to the 2/7/07 ‘Hotline Complaint’ that was apparently the basis for the lockout. [7-10-2007 ACK]
RESPONSE:
7-12-2007.. Valerie Veney did a query of the hotline (AHIS) database, and sent a response. However, she failed to include a key document: the response letter, signed by Barry Davis for Teri Bristol, which projected to the FAA Administrator that the Hotline call was thoroughly addressed.
7-17-2007.. Lewis sent a quick letter, asking for a copy of the missing document.
7-30-2007.. Valerie Veney sent the full FOIA Response, with the missing letter. With this letter, Lewis learned that the complaint was anonymous (thus, nobody was accountable for the information used to justify his being locked out and suspended). The letter also had false content; specifically, Barry Davis and Teri Bristol told the FAA Administrator that the investigation was hampered by unavailability of the parties; they wrote: “…the person accused of making racial slurs is not currently available to interview and will not be available for some time to come….” In fact, Lewis was ordered to remain available in the Bay Area during his workweek, which he did.