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  • Eeoc Foia Determination Letter

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    C4C
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    The EEOC denied the request for a fee waiver submitted by the Coalition For Change. The letter explains that the request did not sufficiently justify how disclosure of the requested information would significantly contribute to public understanding of government operations or activities. The letter provides contact information for the FOIA public liaison and information on appealing the denial within 90 days.

    Original Description:

    U.S. EEOC denies C4C request for fee waivers. Appeal pending.

    Original Title

    EEOC FOIA DETERMINATION LETTER

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    The EEOC denied the request for a fee waiver submitted by the Coalition For Change. The letter explains that the request did not sufficiently justify how disclosure of the requested information would significantly contribute to public understanding of government operations or activities. The letter provides contact information for the FOIA public liaison and information on appealing the denial within 90 days.

    Copyright:

    © All Rights Reserved
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    50 views2 pages

    Eeoc Foia Determination Letter

    Uploaded by

    C4C
    The EEOC denied the request for a fee waiver submitted by the Coalition For Change. The letter explains that the request did not sufficiently justify how disclosure of the requested information would significantly contribute to public understanding of government operations or activities. The letter provides contact information for the FOIA public liaison and information on appealing the denial within 90 days.

    Copyright:

    © All Rights Reserved
    Flag for inappropriate content
    of 2

    131 M St, N. E.

    , Fifth Floor
    U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D. C. 20507
    Office of Legal Counsel Free: (877) 869-1802
    TTY: (844) 234-5122
    FAX: (202) 827-7545
    Website: www.eeoc.gov

    December 1, 2023

    VIA: [email protected]

    Ms. Tanya Ward - Jordan


    The Coalition For Change, Inc.
    P.O Box 5284
    Upper Marlboro, MD 20775

    Re: FOIA No.: 820-2024-002593

    Dear Ms. Jordan:

    This letter responds to your request for a waiver of any fees associated with processing the above Freedom
    of Information Act (FOIA) request. The FOIA provides that documents shall be furnished without any charge
    or a reduced charge "if disclosure of the information is in the public interest because it is likely to contribute
    significantly to public understanding of the operations or activities of the government and is not primarily in
    the commercial interest of the requester." 5 U.S.C. 552 § (4)(A)(iii) and 29 C.F.R. § 1610.14.

    [X] Your request for a waiver of fees is denied as it has not been found to be in the public interest.

    [X] You may contact the EEOC FOIA Public Liaison for further assistance or to discuss any aspect of
    your request. In addition, you may contact the Office of Government Information Services (OGIS)
    to inquire about the FOIA mediation services they offer.

    The contact information for OGIS is as follows: Office of Government Information Services, National
    Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-
    6001, email at [email protected]; telephone at (202) 741-5770; toll free 1-877-684-6448.

    The contact information for the EEOC FOIA Public Liaison is as follows: Michael L. Heise, FOIA
    Public Liaison, Office of Legal Counsel, Equal Employment Opportunity Commission, 131 M
    Street, N.E., Fifth Floor, Washington, D.C., 20507, fax to (202) 827-7545; online to
    https://eeoc.arkcase.com/foia/portal/login, or email at [email protected].

    [X] You may appeal this decision by writing within ninety (90) days of receipt of the denial of your
    request for a fee waiver via to Legal Counsel, Equal Employment Opportunity Commission, 131 M
    Street, N.E., Fifth Floor, Washington, D.C. 20507, by fax to (202) 827-7545, online to
    https://eeoc.arkcase.com/foia/portal/login, or email to [email protected]. Your appeal will be
    governed by 29 C.F.R. § 1610.11.

    Sincerely,

    Katie Baker
    Attorney Advisor | FOIA Division
    [email protected]
    820-2024-002593

    Comments

    You submitted the following information as the basis for your fee waiver request:

    The C4C is a public interest group established in 2008 to eradicate employment discrimination in the
    Federal government. The C4C also serves as an informational support network for present and
    former Federal employees harmed due to workplace discrimination. As a non-profit public interest
    group, we seek a waiver of fees associated with this request. The C4C believes disclosure of the
    requested information is in the public interest and will contribute significantly to the public’s
    understanding of the operations and/or activities of the government. Moreover, consistent with the
    intent of the Elijah Cummings Federal Employee Antidiscrimination Act the provided information
    would further provide transparency and promote accountability in government’s operations.

    Your request for a fee waiver fails to satisfy the public interest requirement of 552(a)(4)(iii) for the following
    reasons:

    You assert, for example, that “[d]isclosure of the requested information is in the public interest and will
    contribute significantly to the public’s understanding of the operations and/or activities of the government.”
    Courts have held, however, that requesters should address the statutory fee waiver requirements in
    sufficient detail for agencies to make an informed decision as to whether it can appropriately waive or
    reduce the fees in question. See, e.g., Nat'l Sec. Couns. v. DOJ, 848 F.3d 467, 473 (D.C. Cir. 2017) (finding
    that "[w]hile fee-waiver applications are to be 'liberally construed' in favor of finding that requesters meet
    FOIA's two-prong test, requesters still must justify their entitlement to a waiver of fees in 'reasonably
    specific' and 'non-conclusory' terms") (citations omitted); Jud. Watch, Inc. v. Rossotti, 326 F.3d 1309, 1312
    (D.C. Cir. 2003) (reiterating that requests for fee waivers "must be made with reasonable specificity . . . and
    based on more than conclusory allegations") (quotation marks and internal citations omitted). The above-
    captured language fails to address the statutory fee waiver requirements in sufficient detail; rather, it is
    conclusory and merely re-states the statutory language.

    After evaluating your request, we have determined that you are an “other” requester for FOIA fee purposes.
    See 29 C.F.R. § 1610.15(a)(1)(iii). As such you are entitled to two (2) free hours of search and the first one
    hundred (100) pages of duplication. See 29 C.F.R. § 1610.15(a)(1)(iii). Please be advised that, as of the
    date of this letter, your request will be placed on hold while we determine an appropriate search fee
    estimate. Once we have done so, a separate fee estimate letter will be provided to you.

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