FAA’s response to FOIA F12-6826 (remand)

This FOIA request was initiated last July, and FAA’s response has actually been much closer to ‘on-time’ than they were in past years. But, it is astonishing to note that they are STILL concealing records, some of which are now more than six years old. Regrettably, there appears to be ZERO ACCOUNTABILITY within FAA.

For further examples (and a history) of the many records FAA has concealed, please see this link:

Here is the full list of FAA records, received 2-16-13. Click on page numbers to view PDF copies.

Yellow background indicates new documents or new content (formerly concealed, until this FOIA response).

Orange background indicates FAA records that AWP continues to improperly conceal.



FOIA response cover letter


3/22/07 string of emails by Tony DiBernardo, Dennis Sullivan, Teri Bristol, Ham Ghaffari, and Dave Caldwell. ONE REDACTED LINE


7/16/07 Jason Ralph 1235 email to Dick Fossier, Barry Davis, Dennis Sullivan, Gwen Marshall, Jennifer Johnson, and Vicki Hendrickson. Includes first copy of draft reprimand letter. String of emails back to 7/13/07, by Johnson, Fossier.


7/18/07 Jason Ralph 0731 email to Dick Fossier, Barry Davis, Dennis Sullivan, Gwen Marshall, Jennifer Johnson, and Vicki Hendrickson. String of emails back to 7/13/07, with both Fossier and Marshall discussing content needed for  letter.


7/24/07 Jason Ralph 1330 email to Dick Fossier, Barry Davis, Dennis Sullivan, Gwen Marshall, Jennifer Johnson, and Vicki Hendrickson. String of emails back to 7/13/07, with both Fossier and Marshall discussing content needed for  letter.


7/25/07 Jason Ralph 1048 email to Barry Davis, & Dennis Sullivan. Seeking Davis’ assistance to get LR/HR to provide approval for final letter. Included original 7/16/07 reprimand draft, and a revised version with words taken out.


7/14/07 Dick Fossier 1218 email to Jennifer Johnson, Jason Ralph, Dennis Sullivan, Barry Davis, Gwen Marshall, & Vicki Hendrickson. Detailed advice on contents of an admonishment to issue to Lewis. Also discusses ‘enforced leave’, and promises a later BCC to Davis, Sullivan and Ralph.


4/17/08 Ros Marable 1439 email to Andy Richards. Includes 5-page draft letter proposing to suspend Lewis 14-days. ONE LINE REDACTED


4/17/08 Ros Marable 1809 email to Andy Richards. Exchange about Andy being sick and busy with an arbitration (the arbitration was Helm/SJC).


4/28/08 Ros Marable 1445 email to Andy Richards. Sending again the 14-day suspension draft letter, after confirming she had not locked it with security features. ONE LINE REDACTED


5/15/08 Ros Marable 1738 email to Andy Richards. New and revised draft letter, now proposing to fire Lewis. This is the first email to mention removal of Lewis, and it was sent by Marable to Richards a full fifteen months after Lewis was ‘locked’out’ from his workplace. Read the text closely. Marable DID NOT attach a copy of her removal proposal draft, and specifically stated, “I want to review the letter again before I send it to you on Tuesday.” Marable did as promised; she sent an email to Richards at 1:16pm on Tuesday 5/20/08, with the 6-page removal draft attached.

[NOTE: in this response to F12-6286, AWP Counsel has NOT provided a copy of the 5/20/08 email used to send this removal draft to Richards. So, either Marable withheld her 5/20/08 email from Discovery (but sent the 6-page draft), or Tsuda removed the 5/20/08 email and continues to conceal. Given that the F12-6826R FOIA response is filled with proof of many documents concealed by AWP-7 during MSPB Discovery, it appears Tsuda may be continuing to conceal this one email. On the other hand, during MSPB Discovery, Marable may have been trying to conceal evidence that she was drafting the removal proposal letter BEFORE receiving an acceptable set of Douglas Factor statements. In fact, another FOIA response eventually showed Andy Richards never did complete Douglas Factors, and Mark DePlasco submitted them on 10/6/08, three whole months after Marable obtained AWP Counsel’s concurrence to issue the removal proposal letter. The cart was very much before the horse.]


6/11/08 Ros Marable 1312 email to Jason Ralph, Andy Richards & Glen Rotella. Latest removal proposal draft. She had sent an earlier version just ninety-minutes earlier, but forgot to add her latest updates.


6/24/08 Ros Marable 1137 email to Jason Ralph & Andy Richards. Email string advising that the last draft of the removal proposal letter, incorporating edits from Jason Ralph’s 6/20/08 email, is being sent to legal and LOB.


7/8/08 Ros Marable 1328 email to Andy Richards, Jason Ralph & Tymeka Walton. Legal has now signed off; here is the letter, ready to sign and mail.


4/17/07 Barry Davis 1436 email to Jason Ralph Cindy Lopez-Hickson, Dennis Sullivan, Dick Fossier, Gwen Marshall & James Austin. Reports he and Teri Bristol are reviewing the ROI and will FedEx it to Jason Ralph later in the week.


5/24/07 Barry Davis 1706 email to Teri Bristol & Scott Bing. An email with subject line ‘NATCA’, that appears to be a wrapup of his communications to the various towers. NUMEROUS REDACTIONS


2/16/07 Barry Davis 1759 email to Teri Bristol, Scott Bing, Tiffani Johnson & Gloria Ibarra. An email with subject line ‘Roll-Up’; summary of terminal activity at all Districts. NUMEROUS REDACTIONS.


12/3/07 Barry Davis 1501 email to Teri Bristol & Monique France. An email with subject line ‘Discussion with Ham’; Andy Richards’ intention to send Lewis to STS ATCT. NUMEROUS REDACTIONS.


12/20/08 Don Bobertz 1150 email to Naomi Tsuda. His case research (mostly MSPB cases from the 1980’s) implying how to fight Lewis’ MSPB Appeal. NUMEROUS REDACTIONS.


12/22/08 Naomi Tsuda 1800 email to Ros Marable & Don Bobertz. Returns her amendments to the Narrative Response (substantial changes done by AWP-7) and advises Ros’ questions need to go to Don, as Naomi out of office until 1/5/09.


1/12/09 Naomi Tsuda 1740 email to Don Bobertz. Forwards string of emails back to 1/9/09. Dr. Schwendeman at CAMI available for a deposition. TWO LINES REDACTED.


1/9/09 Naomi Tsuda 1349 email to Andy Richards, Mark DePlasco and many others. Advises 3/4/09 Hearing date set, and needs confirmation for availability from each person.


2/16/09 Don Bobertz 1011 email to Naomi Tsuda. With string of emails back to 2/15/09. Exchange between Tsuda & Bobertz about depositions. NUMEROUS REDACTIONS.


2/17/09 Naomi Tsuda 0901 email to Don Bobertz & Lierre Green. Email string back to 2/11/09. Both Tsuda & Bobert choose to NOT send Lewis’ case to Eden Brown Gaines at AGC (FAA HQ), after a solicitation for ‘enforced leave’ cases that need to be cleaned up. Connects to major MSPB actions on Hart v. DoT, with 17+ decisions against FAA. REDACTIONS.


2/17/09 Patricia Hardy 1435 email to Don Bobertz & Charlie Deavers. Confirms she will be at 2/19 deposition. Pair of emails; she is responding to Bobertz’ update and offer to prep her with ‘another dry run’.


2/24/09 Naomi Tsuda 1310 email to Monique France, Glen Rotella & Don Bobertz. String of emails, all morning long, mostly related to fixing repayment failures and finalizing a retirement offer. TWO REDACTED LINES.


2/24/09 Naomi Tsuda 2030 email to Andy Richards, Don Bobertz, Don Kirby, James Austin, Jason Ralph, Mark DePlasco, Monique France, Patricia Hardy & Susan Haggerty. Set of three emails; advising Andy that he may testify about ‘staleness’ (if it goes to hearing). TWO LARGE REDACTIONS, but entire content viewable elsewhere (and copy of metal detector comments viewable at pg.111).


2/25/09 Patricia Hardy 0857 email to Naomi Tsuda, Don Bobertz & Monique France. Pair of emails; confirms Swanson and Crabtree can attend on 3/4/09.


3/24/09 Naomi Tsuda 1358 email to Aletha Hicks-Moffatt, Tim Kubik, Monique France, Andy Richards & Don Bobertz. Notes she is hearing Lewis is contacting different offices. What appears to be her suggestion, that it is OK to simply ignore Lewis, is ENTIRELY REDACTED.


4/15/09 Naomi Tsuda 0819 email to Don Bobertz. String back to 4/14/09, discussing Lewis’ new PFR to set aside the settlement. Charges fraud by Tsuda. Very tiny print, and very faint, almost illegible. A reconstructed copy of the text is viewable at this aiREFORM page. MANY REDACTED LINES.


4/29/09 Don Bobertz 0103 email to Naomi Tsuda. String back to 4/17/09, related to PFR response, which he hopes to soon draft. He adds Lewis sent a letter to Hendrickson (attached), and another to Dr. Goodman.  In one email, Tsuda says MSPB’s Amy Dunning advised no hearing record by Nancy Palmer. MANY REDACTIONS.


1/9/09 Naomi Tsuda 1752 email to Don Bobertz. String back to earlier afternoon, discussing Tsuda’s interest in having Gwen Marshall at the hearing. REDACTED LINES.


2/8/09 Naomi Tsuda 1013 email to Jason Ralph, Andy Richards, Don Bobertz & Linda Williams. String back to 2/3/09. Regarding depositions: dates for Jason to attend, Lewis not attending, etc. REDACTED LINES.