^ U.S. MERIT SYSTEMS PROTECTION BOARD Office of the Chairman 1615 M Street, NW Washington, DC 20419-0002 Phone: (202) 653-7101; Fax: (202) 653-7208; E-Mail: chairTnM@rnsBfe^ Chairman December 19, 2014 David Pardo P.O. Box 30806 Albuquerque, NM 87190-0806 FOIA Appeal Tracking No. MSPB-OCB-2014-000196 Dear Mr. Pardo: This letter responds to your June 10,2014 appeal of the MSPB Clerk's Office's May 16, 2014 response to your Freedom of Information Act (FOIA) request. For the reasons set forth below, I am granting your appeal. OnApril 9, 2014, you requested all complaints filed with the Board by the Office of Special Counsel (OSC) inApril 2014. The Clerk's Office located four complaints, which it referred to OSC for a release determination. On June 10, 2014, you appealed this determination. You contended that the Board's policy of referring to other agencies FOIA requests for documents that originated with those agencies constitutes "improper withholding" under theFOIA. On July 3, July 31, August 27, September 22, October 21, and November 17,2014,1 sent you letters notifying you that I was reviewing the Board's FOIA referral and consultation policy and would need additional time to process your appeal. After considering your appeal and the Board's policy, I have determined thatthe complaints may be released to you with certain information redacted pursuant to FOIA Exemption 7(C). 5 U.S.C. § 552(b)(7)(C). The redacted complaints are enclosed. This is the Board's final decision in your appeal. Pursuant to 5 U.S.C. § 552(a)(4)(B), you have the right to seek judicial review ofthis decision in an appropriate United States District Court.^ ' The 2007 FOIA amendments created the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive altemative to litigation. Using OGIS services does not affect yourright to pursue litigation. Nor does using OGIS services orcontacting OGIS toll orextend the statute of Sincerely, Susan Tsui Grundmann Enclosures: Complaints from Special Counsel v. Coffman, Docket No. CB-1215-140012-T-l; Special Counsel v. Herbert, Docket No. CB-1215-14-0011-T-l; Special Counsel v. Kappel, Docket No. CB-1215-I4-0010-T-1; and Counsel v. [Redacted], Docket No. CB-1215-14-0009-T-1 limitations or any other deadline. If you are requesting access to your own records, which is most often, but not always, considered a Privacy Act, or first-party request, you should know that Privacy Act matters fall outside the scope ofOOIS's mission. You may contact OGIS in any of the following ways: Mail: Office of Government Information Services (OGIS), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 E-mail: ogis@,nara.gov; Telephone: 202-741-5770; Fax: 202-741-5769; Toll-free: 1-877-6846448