20080807 at 2316, Lewis email to Gwen Marshall, seeking delayed FOIA response, [F07-7648]

… the email copied below outlines some of the history of FAA delay on FOIA 2007-7648, as well as Lewis’ efforts to get the responsive FOIA records.

Related records:

From: Jeff Lewis <lsjef@yahoo.com>
To: Gwen.Marshall@faa.gov
Cc: Karen.Pecchia@faa.gov
Sent: Thursday, August 7, 2008 11:16 PM
Subject: Re: Follow-up

Hi Gwen,

Thanks again for your email late this afternoon. As I noted in my earlier short reply, I think it is a good idea we use email to ensure a clear documented history.

The reason I have been trying to reach you this week is that you were the HR POC for the two (two only, right?) Accountability Board (AB) Case Files on my in early 2007, AND you were the recipient for a FOIA request I made that was never properly addressed. The FOIA was made on 9/2/07 and sought records that Order 1110.125A clearly defines you are keeping. Carlette agreed, when we talked on 8/6, with my comment that with appropriate cooperation from your office, my request could easily have been fully provided in accordance with FOIA before the end of October 2007. But, this did not happen. Carlette had provided me with an letter (received 9/21, assigning FOIA #7648) but, when I heard nothing more, I sent her a letter on 11/10/07 asking for an update. I never received anything and learned just this week that the FOIA request was “closed, other office” on 4/2/08, for which I should have received a letter identifying Angela Brooks and the Regional Administrator as responsible. I was duped for months into believing disciplinary action had already been taken, and I was just waiting for Air Traffic to put me back to work (I expected a letter in January, after my medical was fully restored). I even received a letter dated 4/17/08 advising a “return-to-work” plan was to be discussed soon. In this context, I was not feeling a need to press for you to complete my FOIA request, but, of course, that all changed a few weeks ago with the shocking proposal for my removal.

Anyway, the attached is a copy of the original FOIA request letter to you. I am asking you to immediately and fully honor the request I sent eleven months ago. After carefully reading Order 1110.125A, I am also asking you to immediately send copies (readable emails preferred, or mailed photocopies) of all ‘action’ correspondence and all other non-ROI contents in all my AB Case Files (-0097 and -0098, right?). If an immediate delivery of these copies is not possible, I respectfully request you confer with Ms. Brooks or Ms. Pecchia or whomever can communicate to Andy Richards at SFO ATCT the need for him to reaonably extend my deadline as needed to accomodate your delays. After all, I have been waiting for this material for eleven months.

One more question, if you can. In a document she contributed to the ROI, my supervisor, Patricia Hardy, made a comment indicating she called you on or immediately after 2/13/07 and determined I had misrepresented a phone discussion you and I had had on 2/13/07. It was a discussion where I asked you who the various AB authorities were, how the process works, the possible need for an outside investigator, etc. Can you check your notes and see what she claims I claimed you had told me? I have always been very careful to only present something for an absent person when I clearly understand and present what they told me, so I am concerned Patricia may (again) have lied in this document. Can you help shed light on this (was there something YOU were led to believe I must have misunderstood?)

If you have questions, please call 503-710-1515.

Thanks, Jeff