[imc-st.louis] New Mexico FOIA Appeals Filed

[scottie a_]

       __PCU_//\_Free Assembly Project____
       St.Louis MO - www.Free-Assembly.org
_//\_________________________________an Association of Volunteers__/

	18 September 2009			PUBLIC INFO POST

		New Mexico FOIA Appeals Filed ~

		Deficient Agency Responses go to DC for review
 
	``````````````````````````````````````````````````````````````````````````````````

       On June 17 & 24, two Freedom of Information 
Requests were submitted to the Forest Service in 
New Mexico.  Both concerned the 2009 Rainbow 
Gathering, then just starting up in Santa Fe N.F. 
--

           * 
<http://www.free-assembly.org/gather/campaigns/foia-nm/sfnf-foia-i_permit-09617.pdf>FOIA-I 
re: Permits, to SNFS Supervisor ~ 17 June 2009 
(FOIA No. 338)
           * 
<http://www.free-assembly.org/gather/campaigns/foia-nm/sfnf-foia-ii_delegation-09625.pdf>FOIA-II 
re: Delegation of Authority, 'Incident' ~ 24 June 
2009    (FOIA No. 516)

After six weeks of wrangling for timely 
disclosures, the agency's 'final responses' came 
in early August, well after the end of the 
Gathering.
	[See two prior public releases:
	[ "FOIA Flak in ABQ", posted 7/30/09 ... 
"FOIA Flak Finale", posted 8/17/09 ]

       The denial of "expedited processing" and 
delayed responses were significant in themselves, 
affecting the rights and interests of 
participants in an ongoing First Amendment event. 
And there were shortfalls in the content of 
responsive documents:
(I)  Some names and all identifying info on 
permit correspondents and signers were redacted 
on §(b)(6) and Privacy Act exemptions, and key 
items were apparently disregarded or withheld.
(II)  The 'Delegation of Authority' was provided 
in-person on 7/2/09, then nothing further; 
queries on the composition of the Incident Team 
and prior enabling decisions were stonewalled.

       As a result, formal FOIA Appeals have been 
filed on both cases, pursuant to 5 USC 552(a)(6).
This section of the Act provides for 
administrative review of FOIA decisions and 
denials -- which the Forest Service conducts 
under the Office of the Chief, in Washington DC.
A big printed package went out by FedEx on 
9/14/09, including all response docs and 
correspondence as required, and by email the same 
day, referencing the full record on-line.  Here 
are direct links to the two letters of Appeal and 
supporting Index as-filed, downloadable in PDF 
format:

	* 
<http://www.free-assembly.org/gather/campaigns/foia-nm/foia-338_appeal-09912.pdf>FOIA-I 
Appeal, #338 - 12sep09   (filed 9/14)
	* 
<http://www.free-assembly.org/gather/campaigns/foia-nm/foia-516_appeal-09912.pdf>FOIA-II 
Appeal, #516 - 12sep09  (  "  )
	* 
<http://www.free-assembly.org/gather/campaigns/foia-nm/appeal_338-516_index.pdf>INDEX 
of Attachments, FOIA #338+#516 Docs

       The Appeal process under FOIA is obscure 
and often neglected -- however it is essential 
where there are serious deficiencies in agency 
Responses:  Either it secures the information and 
remedies sought, or it exhausts administrative 
review so that the issues can be taken to court.
In these Appeals those issues are compelling: 
Our position is that the agency's FOIA compliance 
is subject to stringent First Amendment standards 
where rights in expressive assembly are at stake.

       Again, the whole story and full record of 
these FOIA projects is compiled on a single 
summary webpage, for easy public reference and 
access to documents:
             
	"<http://www.free-assembly.org/gather/campaigns/foia-nm/>FOIA 
Moves in New Mexico"	(... = ...)
            	http://www.free-assembly.org/gather/campaigns/foia-nm/

       We will apprise of the outcome of these 
Appeals, whenever the news comes from DC.
       As always, questions and discussions are encouraged.

                   thanks, in service,

				_scottie addison__
				  Coordinator
				  St. Louis, MO


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