saio Rd., Mulino , Op fj6.'/J - Aviation Impact...

S saio Rd., Mulino_, O...p fj6.'/J • . 0.)-Q._

~ ~

Ms. Dolores Corpus FOIA, Regional Coordinator P.O. Box 92007 Los Angeles, CA 90009-2007

Dear Ms. Corpus,

tel. (503) 710-1515

Wednesday, September 8, 2010

FREEDOM OF INFORMATION ACT (FOJA) REQUEST ~ o I 6 - o-t i' l '-/ £! w f

AWfJ-/0

Please accept this as a request for copies under the Freedom of Information Act.

The attached spreadsheet is a compilation from a FOIA recently received from A WP HR. It presents A WP litigation as extracted from Terminal Reports dated 7/27/07, 10/9/07, 4/22/08 and 9/11/08, mostly for NATCA-ATC personnel cases. Some of the data was excessively redacted in the recently received FOIA, as indicated by the (rea) entries. Nonetheless, there is clearly sufficient identifying data for these cases that personnel at A WP-16 should be able to produce the documents I am requesting with this FOIA.

Please forward this to the appropriate office, likely A WP-16, so that they can expeditiously provide the following records:

1. [see item # 1] for the ARB case (3-day suspension, with a 3/14/07 date), please provide a copy of the arbitrator's decision, which Ms. Hicks-Moffatt was awaiting on 8/17/07

2. [see item #2] for the ARB case (5-day suspension, showing "Klein" and a 1/24/07 continuation), please provide a copy of the Agency's brief submitted to the arbitration, as well as a copy of the arbitrator's final decision.

3. [see item #3] for the ARB case (10-day suspension, showing '"Kagel" and Agency prevailing via Gray), please provide a copy of the Agency's brief submitted to the arbitration, as well as a copy of the arbitrator's fmal decision.

4. [see item #4] for the MSPB case (removal dated 5/7 /2007), please provide copies from the IAF submitted to MSPB, including the entire "Narrative Response", the removal proposal letter, and the signed removai decision letter.

5. [see item #5] for the ARB case (removal, showing "Klein" and being worked by Marshall), please provide a copy ofthe Agency's brief submitted to the arbitration, a copy of the arbitrator's final decision, and a copy of any signed settlement agreements that may have resulted.

6. [see item #7] for the ARB case (5-day suspension, as settled on 8/20/2007), piease provide a copy of the agency letter to the employee defining the charges and

- Exhibit 1

Case 3:13-cv-00992-HZ Document 29-1 Filed 08/11/14 Page 1 of 19

-~------------------~~-~-~ 91812010, FOIA Request, page 2 of2

initiating or proposing the suspension, as well as a copy of the final signed settlement.

7. [see item #9] for the ARB case (5-day suspension, shmving "Klein" and delayed to a dec-08 date), please provide a copy of the Agency's brief submitted to the arbitration, as well as a copy of the arbitrator's final decision, and any settlements that may have been agreed to.

8. [see item #1 0] for the ARB case (14-day suspension being worked by Castrellon), please provide a copy of the Agency's brief submitted to the arbitration, as well as a copy of the arbitrator's final decision, and any settlements that may have been agreed to.

9. [see item #1 1] fO:r the ARB case (removal being worked by Fossier with decision pending 4/22/08), please provide a copy of the arbitrator's final decision.

lO.[see item #12] for the ARB case (30-day suspension being worked by Rotella and marked "Agency Prevailed"), please provide a copy of the arbitrator's final decision.

ll.[see item #13] for the ARB case (10-day suspension showing "Tamoush" and being worked by Castrellon), please provide a copy of the arbitrator's final decision, and any settlements that may have been agreed to.

12.[see item #14] for the ARB case (30-day suspension showing "Tamoush" and being worked by Castrellon), please provide a copy of the arbitrator's final decision, and any settlements that may have been agreed to.

For all requested records, please provide t.he entire docu..r:nent wit.h mi...TJ.imal (names-only) redactions.

I am willing to pay a reasonable fee for these records. However, I understand these records should be readily available in files retained at A WP-16, thus fees should be minimal.

Thanks for your help, and please call if you have questions or need to discuss fees.

Sincerely,

Jelt::s~ ATIACHED:

AWP Litigation (a 1-pg spreadsheet)

- Exhibit 1


2r':l DEC f 0 Pi! 2= 55 S saioRd.,Mu]hJ0 Qp 4'/s ~ . 7 'J t9~

~'?) ~

Joann Noonan FAA HQ, FOIA Office 800 Independence Avenue) SW Washington, DC 20591

tel. (503) 770-15/5

TilUrsday, December 9, 2010

FOIA REQUEST J~~~~S~ CON!ROL NO: 201/~ /74'S

· , TO BE COORD1NATED AS -~I PROPRIATE SIGNED AND ~·1t\ILEDBY ' /~ff-j(

Dear Ms. Noonan, /\ 'I 1; lJ 3 ,_ 5 <;' (f-Q. H' L 0 Yi·1er t' ti Y' j o V _: --(C.-::..._::.u~b~-....../:::..

Please accept this as a request for copies under the Freedom of Information Act (FOIAh

I am researching the FAA Administrator's Hotline. Toward this end, I am attachin2 the first page of an AHIS printout1 for a Hotline complaint filed anonymously on ·2/7 /07·. Please note the data-fields indicated on this complaint: Region (A WP), State (CA). For the record, although the subject is unnamed, the complaint was related to me and incidents that eventually resulted in the production of an Accountabilit)' Board Report of Investigation?

To fulfill this FOIA request, I request that you provide copies of all pages ofall AHIS printouts for Hotline complaints filed between 8/1/06 and 3/1/07 at all FAA ATCT facir · es in i:he state of California. I also requeust m~ally-redacted copies of all action office Hotline response letters created in response to all these complaints.

I understand that FOIA Exemption-6 exists to reasonably protect personal privacy. However, I do not care to know the identities of the subjects of any of these complaints. So, please feel free to fully protect this information with simple names-only redactions. If you feel you also need to redact the facility-name, I will accept that, too ... provided it is only the facility nai:ne/location. ·

Please advise if I need to agree to a fee in excess of $25. Also, call if you have any questions. I thank you for yolir assistance.

Sincerely,

#I~ Jeff Lewis

1 This copy obtained July 2007 via .FOIA. z As shown in the attached ROI portion, this Hotline complaint was submitted anonymously on 2n101, but refers to a conversation held in the CCR tower cab on 1/21107. ln this conversation, 1 stupidly quoted a Randy Newman lyric with then-word, during a discussion about the oppression and hazing common to ATC training. This was the only conduct issue in my 22-year career. I .was removed OJ1 I J/6/08.

- Exhibit 1


. .\

S saJo Rd., Mulino, O.,.p ~bt'b ' o.;a ~ t,


Dear Ms. Corpus,

tel. (503) 710- I 515

Wednesday December 29, 2010

FREEDOM Of !Nf0Htv1i\TION ACT (FOlA) REQUEST oL /)If- (}-1) .:t-1 6 v ()J f

A w P-1\l If! LJ.) p -7 c-o

I) lease accept this as a request for copies under the Freedom of Information Act.

This FOIA seeks minimally redacted copies of key records stored in disciplinary case files. I ask for the following records, which should be obtainable fro in the h'R POC at AWP-16, or from security files at AWP-700:

1. for the anonymous Air Traffic Manager at NCT, for whom a 4/9/07 removal Decision Letter precipitated MSPB Appeal SF-0752-07-0540-I-1: please provide a copy of the Douglas Factors checklist, a copy of any settlement or other agreement that may have followed the Appeal filing, and a copy of the SF-50 proving what final action was taken.

2. for the removal action at ONT ATCT proposed in AB Case 2008-0138, as initially reported to the Accountability Board on or about 3/14/08: please provide a copy of the final decision letter, as well as a copy ofthe SF-50 proving the action was in fact taken.

for the incident and internal inquiry at SFO A TCT related to AB Case 2008-017 4, as initially reported to the Accountability Board on or about 4/10/08: please provide a copy of the final disciplinary action letter, as was (or should have been) provided to the Accountability Board IA W FAA Order 111 0.125A para. 15( e).

4. for the suspension action at Tucson TRACON related to AB Case 2008-0160, as initially reported to the Accountability Board on or about 5/2/08: please provide a copy of the final decision letter, as well as a copy of the SF-50 proving the action was in fact taken.

Additionally, please provide copies of the following for each ROI produced related to the above four cases:

1. a signed copy ofFAA Form 1600-32, showing allegations, distribution, etc.

2. a copy of the entire "Summary of Findings" section of the ROI.

3. and, a copy of the entire "Index of Exhibits" for the ROI.

- Exhibit 1


1212912010 .. FOJA Request, key disciplinal)' doc·umentsfor selected MSPBIAB cases. page 2 Q( 2

For all records produced in these searches, please provide the entire page, with minimal redactions. Neither Exemption-2 nor Exemption-S are valid for these records. Exemption-6 can be properly applied by simply redacting names-only, while retaining all dates, facilities, and other non-PII data.

Thanks for your help, and please call if you have questions or if I need to agree to a fee in excess of the $50 I agree to pay with this letter.

Sincerely,

If~ Jeff Lewis

- Exhibit 1


"!\If JJN 6 ~M ]• 02 (i S4 Salo Rd.,M~ 0~

'}NP · c9;a /.tJf! t~l - tU J •

~ ~ tel. (503) 7)0-JSiS

Joann Noonan FAA HQ, FOIA Office 800 Independence Avenue, SW Washington, DC 20591

Dear Ms. Noonan,

Wednesday, December 29, 201 0

FOIA REQUEST TO _ll_ft.~_('01\fROLNO: )J~J.3~ IU:.SP()NSE TO BE COORr:;;·~ .'\TED AS APPROPRIAH:.A SlGN!:D AND MAt LED av - .. ~'.1--t11 utfrec~. .;:2..-J-LI

~y 0"V:, 3~ 7279

Please accept this as a request for copies under the Freedo·m of Information Act (FOIA).

I have attached page-ll of fu,e ~sponse to FOIA 20 I 0-8212, which I received yesterday. It is a printoU;ffro~ tbeAec9J.W.~k~ity}:l9ar4 d$.b~, iv,thi~ s~,e sutP.W~~~ (with excessive redactions) a 2008 ~ ~~#on betW,eeil a gi~er ?.n4·a s~retarfa,t Tucson TRA.CON.

For this FOIA request, I ask for entire printouts for all AB Cas~ encoded wjth the Accountable Offlci~d as T~ri~riSt;ol,_K~tiu-yJ_J. Ver,..p,~, M:ar.k,U.eeves or any other WSA official, for cases r~ported to' the lloard ·bet\Veeillli7o6 to 12/31/iO. You inay exclude the copies of the followiiig eight printouts. as I previously receiv~d them: AB Case Numbers 07~ 097,07-098, 08~096? 08-IOf, 08:-112, 08~138, 08-160, a_nq()8,..J74.

Thes~ recorqs are Gritically n~essary for resear~h l am do~g. As such, please provide these records with all data -disclosed, 'redaetmg only respondent nkil~. Excessive redactions will necessitate a FOIA appeal and cause delays, while increasing Agency workload. Also, on the subje<:t qf delays, pl~ aQv:ise ift,l:;Iere is_ anytl:i.itlg I can do to ~ssure Agency officials will provide these recotqs b~foif i/3 Ufi, so ~to fi,iU}r"compiy With th,e Tune Limits detailed in. paragraph 32 ofFAA Order fi7o~i. . .

I am willing to pay $25 for these records, which should number between 40-60 pages. Please advise if a larger fee is necessruy, though it i$ highly likely there will be no fee.

Thank you for your assistance, and Happy New Year!

Sincerely,

Jeff Lewis

- Exhibit 1


S- saio Rd., Mulirzo? 04> ~4'1,. . B.;a ~ t;

tel (503) 710-1515

Tuesday, January 1~, 2011

Joann Noonan FOIA REQUEST i FAA HQ, FOIA Office 800 Independence A venue, SW Washington, DC 20591

TO: ft /t (; CONTROL NO: f/-J. ~ RESPONSE TO BE COORDINATED i AS APPltOPRIATE, SIGNED:AND "? If J //

MAl LED BY v><- '-"!

n !1-11 ~.>J-ft't'r rety•jov: 3/o ~ 63! i

Please accept this as a request for copies under the Freedom of Information Act (FOIA).

Dear Ms. Noonan,

I am expanding the research I am doing on the FAA Administrator's Hotline.· Many peopJb I know have expressed serious doubts about the effectivene?s and objectivity of the Hotlind Office. I hope to prove they are incorrect. It is clearly evid~nt that, just as FAA needs an ! effective Hotline Office, the Public also needs a confidence that this office (and the FAA k a whole) is achieving its purpose. So, to fulfill this FOIA request, I request that you providd copies of all pages of all Al-liS printouts for all Hotline co).nplaints filed after 1/1/04 for the following California ATCT facilities: ' '

San Francisco (SFO), San Jose (SJC), Concord (CCR), Napa (APC), and Reid-Hillview (RHV).

Plea.<;e use any or all of these facility names and identifiers as sc::arch parameters, so as to ensure all AJ-US printouts are produced for these five facil~ties, and for the entire seven-y~ar period. I also request minimally-redacted copies of all action office Hotline response lettets

I

created in response to all these complaints. i

I understand that FOIA Exemption-6 exists to reasonably protect personal privacy. Please; redact minimally, names only, and then only as absolutely.necessmy. As there is no Perso~al Privacy value attributable to the names/titles/workphones (:)f Agency officials doing their ! official work, strict compliance with FQIA Law requires ~isclosure.

i Please advise if I need to agree to a fee in excess of $25, v{hich I herewith agree to pay. Also: call if you have any questions. I thank you for your assista.j:lce. ;

Sincerely,

F~ Jeff Lewis

"All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles : embodied in FOIA, and to usher in a new era of open Government."

- Prcsi9cnt Barack Obama, 1121/09

- Exhibit 1


S~ galo Rd., Mulino§ O.,.p 9Jb[b s.)Q ~ ~


Dear Ms. Corpus,

tel. (503) 710-1 S 15

Tuesday, March 8, 2011

FREEDOM OF INFORMATION ACT (FOIA) REQUEST ..i();;~(){J!fOtf7Zt)f

.li U'P~!o


This request is a little bit different. The unusual aspect is that this FOIA request is largely a repeat of a recent Privacy Act request, as necessitated by the gross deficiency of the response received last week. I am hopeful that, with a sufficient response by A WP-10, it can quickly eliminate the need for further FOIA requests, while also enabling the withdrawal of numerous Appeals currently at ARC-40. Here's a little background information ...

For the past year, many of my FOIA requests have been focused on "A WP Terminal Reports" (henceforth noted as TermRpts). These are the Excel spreadsheets that were prepared biweekly, with occasional skipped reports, such as during Summer and Holidays. Within the 20-pages or so, each TermRpt had sections that summarized "Conduct & Discipline (C&D), Grievances, ULP's, AB Issues, Litigation, and Watch Items. The clear purpose of the TermRpts was two-fold: first, to manage and coordinate the work product of Dick Fossier, Glen Rotella, Ros Marable and others Vvithin the LRIER function at A WP-16; and, second, to communicate and coordinate these matters with the AT -LOB authorities whom A WP-1 I$ was serv·ing ... Teri Bristol, Kathryn Vernon, Barry Davis, Monique France, et al at WSA-ATOTerminal, in Renton, WA. With these objectives in mind, Tymeka Walton and Nina Dillard were regularly involved in the collection of revisions, updating the spreadsheets, and distributing the TennRpts, every two weeks (and occasionally, less frequently).

The Privacy Act response received on 3/3/11 included nine heavily-redacted pages; it was missing roughly forty pages. The pages appeared to be true copies, but were hand-marked in the upper right comer with month and year ... as if to imply they came from the "April2008" TermRpt. In fact, this is quite deceptive, because for most months, there were two reports (e.g., there should be copies for both the 4/7/08 and 4/22/08 TennRpt versions). The response letter declared Mr. Kubik and Mr. Withycombe responsible, and advised I could write to Carla Scott for reconsideration. Last Fall, when I submitted a requestto Ed Jones (A WP-700) for a Privacy Act amendment to nine substatial errors in ROI A WP 2007-0078, he refused to make amendments. I had numerous contacts with Ms. Scott (via phone and letter), and she assured me in December that a letter was forthcoming, but nothing more has happened. It appears, Ms.

.·

- Exhibit 1


--- ------------------------·----------·- ·------------------·---

3 .8:'20! 1, FO:'A Requesr, One more !!')", 10:1 '07 !hrough 6 · i/09 TerniRpts, pg. 2

Scott is :in.effective in her duties: I have lost all confidence in Ms. Scott, and feel the most efficient way to obtain these records is via FOLA. Hence, this new request.

Please see attached samples. (0) is pg.2 from the Privacy Act response, controlled under FOIA # 2011-154 7WP, and received on 3/3/11. It is marked "April2008", though it is actually from the 5/5/08 TerrnRpt. (@) is a copy from the 4/22/08 TermRpt, as received in a previous FOIA response. In this case, it now appears likely the true version of this had no date in the header, and that "April22, 2008" was added at the time the FOIA response was produced. The lack of any annotation indicating this as an added "note" on the FOLA. response leaves a FOIA requestor wondering: has he/she received a true record, or a reconstruction, and what other "edits" have been performed upon the record? It seems clear that, within FOIA Jaw, all edits need to be armotated and clearly identifiable.

The Privacy Act response, as received last week, continues a troubling pattern for FOIA responses under Mr. Tim Kubik. Records obtained via FOIA and Privacy Act show, indisputably, that aCCRA WOL entry1 was included in the Watch Items section of AWP TermRpts, from at least OCT-07 through MAY-08 ... yet, Mr. Kubik's office has provided only a "May 2008" copy (which is true, as it is the 5/20/08 version) and an "April2008" copy (which is FALSE, as it is actually the 5/5/08 version). It is also beyond dispute that the C&D pages from 5/20/08 onward refer to a 14-day suspension that was "previously drafted" .. . yet, Mr. Kubik's office has failed to provide any C&D pages showing the timing ofthis 14-day suspension (when started, when abandoned) or the authorship (likely Fossier or Marable).

I an1 hopeful that, by submitting one more FOIA request for these records, a new thorough search will promptly generate the records I have been seeking. If this happens, and I finally obtain the records listed below, I will promptly Vvithdraw those of my current FOIA Appeals that would be rendered moot by a complete FOIA response.

For this request, I request the following pages, minimally redacted, related to all A WP Terminal Reports produced from 10/1/07 through 6/1/09:

1. copies of all emails from Tyweka Walton and/or Ni..1a Dillard and or any other employee, showing biweekly (or occasionally less frequent) distribution of the updated "A WP Terminal Report" (please see example email at{)).

2. copies of all "Conduct & Discipline" pages with entries related to "Concord", "CCR" or "LeVvis" (as Justin, Jeffrey, or whatever other pseudonym may have been applied).

3. copies of all "Watch Items" pages with entries related to "Concord", "CCR" or "L .,( J. Jffi ?) eWis as ustm, e rey, or .. _ ..

1 The CCR AWOL Watch Item entry is critical to my case, as it shows how AWP-16 carried me for eight months under a pseudonym of"Justin Lewis", in an "AWOL" status, and declared as pending a medical revocation. In fact, I was never AWOL in my 22-year career; Dr. Goodman had fully restored my ATC medical clearance on Ill 0/08 (thus, nothing was pending); and, the use of the "Justin" pseudonym served to effectively conceal records from my FOLA.. requests for nearly a year.

- Exhibit 1


3 .. '8/10! !, FOlA Reqo1esr One! more U)' If) 1 ''07 rhrough 6.'i/09 TermRpts, pg. 3

4. after 12/1/08, copies of all "Litie:ation" pages \',ith entries related to "Concord", "CCR' or "Lewis" (as Justin, Jeffrey, or ... ?).

For all records produced in this FOIA request, please redact minimally. In the application of FOIA Exemption 6, if you would simply redact the name of the subject (which I do not care to know), this'would effectively segregate information, allo·wing full disclosure of all other information (facility, charge, disciplinary proposal, notes, etc.). There should be no valid application of FOIA Exemption #2 (which simply does not apply) or #5 (as all these records would be releasable to any party in litigation with the Agency).

I agree to pay up to $25, if fees are needed to produce these records. Please call ifi need to increase my fee agreement; so that I can promptly send you a written fee amendment.

I am copying to two other parties. I am sending a copy to Mr. Taylor, because he should know that, if A WP HMRD would be fully responsive to FOIA requests such as this, the Appeal workload at his office would be reduced: I am also sending a copy to Regional Administrator Withycombe because he is routinely signing FOIA letters yet is likely not aware of the ongoing failures by HRMD to produce records under the FOIA laws. The Regional Administrator may want to remind HRMD of the widely held expectations of full diligence and maximum disclosure in the processing of this (and other) FOIA requests.

Thanks again for your all your good work, Dolores. And, if needed, please call.

Sincerely,

Jeff Lewis

" ... the government should not keep information confidential merely becaZLse public officials might be embarrassed by disclosure, because errors and failures might be revealed ... "

·President Barach Obama, J/21/2009

- Exhibit 1


S- galo Rd., Mulirz01 o~ CJ,4'/J 20\ l JUL I I PH z:'5tf.)Q ~ ~

email: lsjef@;yahoo. com

Thursday, July 7, 2011 FAA HQ, FOlA Office 800 Independence Avenue, SW Washington, DC 20591 ... via email. ...

Dear Sir or Madam:

Please accept this as a request for copies under the Freedom oflnformation Act CFOIA).

News stories from earlier this year indicate that a controller slept through his shift at the TRACON in Knoxville, TN. Other news stories suggest this controller was fired, but this has not been confirmed, nor is it clear what other disciplinary actions were taken.

For this FOIA request, please provide the following:

1. copies of all emails, memos and\Qther correspondence used to communicate details ofthe incident to District Management, Service Area, Region, and FAA Headquarters officials.

2. copies of all Reports oflnvestigation (ROI's) or other investigative reports produced by FAA or DoT officials, to establish facts about the Knoxville sleeping controller incident.

3. copies of all disciplinary action memos/letters issued to an personnel (including management) involved in the Knoxville sleeping controller incident.

4. copies of all FOIA response letters sent out by the Agency, responding to FOIA requests seeking any information related to this Knoxville sleeping controller incident. Please note, on this FOIA element, I am not asking for the responsive records attached to these FOIA response letters; rather, I seek only the response letters. After reviewing these, I may follow up with a FOIA request for some of those attachments.

Please comply with the FOIA timelines as specified in the FAA FOIA Order. Please provide all copies with minimum redactions; for FOIA Exemption 6, please do not redact dates or the names of personnel acting in an official capacity, as this information is all fully disclosable without invading personal privacy. I hereby agree to pay $25, if necessary per the fee structure in FAA's FOIA Order.

Please email ([email protected]) ifl need to agree to a larger fee or if you have questions.

Thanks for your assistance.

Sincerely,

)It~, .Jeff Lewis

FOIA REQUEST [() E~/1-__ CONTROLNO: If.;. '7535 i' LSl'ONSE TO BE COORDINATED ·\S .. \ I'PROPRIATE. SIGNED AND \!AILED BY

- Exhibit 1


To: 7-AWA-ARC-FOIAJAWNFAA@FAA, Ce: Bee: Subject: New FOIA request: ZOB ARTCC movie over hot mie incident From: Jeff Lewis <[email protected]>- Sunday 07/31/2011 12:51 PM

Fee category: All other '' · ?Qf·~cn rJa ~· ,j t. ( · ,~ g_l.}_j_ 1

Please accept this as a request for records under the FO!A.

FOIA REQUEST i oJ4 fJ ~ __ CONTROL NO: / J- 31 ,3t/ !( I.SPOi\SE TO BE COORDINATED \\APPROPRIATE, SIGNED AND \l:\JLEDBY ~,).9-1/

Text below was copied from the 4/18/11 FAA Press Release concerning a controller and an FLM suspended "pending an investigation" for the apparent viewing of a DVD movie at ZOB ARTCC.

During the early morning hours of April17, 2011, an air traffic controller at the Cleveland Air Route Traffic Control Center was watching a movie on a portable electronic device while working a radar position. For a little more than three minutes, the controllers microphone was inadvertently activated, transmitting the soundtrack of the movie over the radio frequency for that airspace. The problem was brought to air traffic control's attention by the pilot of a military aircraft using an alternate frequency. The controller and the front line manager have been suspended from operational duties pending an investigation. FAA policy prohibits the use of portable DVD players and other devices from being used on the floor of the radar room.

I, 1 For this FOIA request, I ask for the entire unredacted copies of all investigative records, all letters 1/ I proposing discipline, and all letters implementing the final disciplinary decision.

FOIA Exemption #2 is not applicable as, clearly, Agency rules against the viewing of a movie while performing ATC duties would not be considered "internal". FOIA Exemption #5 is not applicable as all these records would be releasable to a party in litigation with the Agency. FOIA Exemption #7 is not applicable as none of these records were compiled for law enforcement purposes.

As regards FOIA Exemption #6, there is a clear and substantial public interest in disclosure which far outweighs the debatable "privacy" value of the names of the FAA personnel involved, all of whom were acting in an official (not personal) capacity. A full disclosure would serve the core purpose of the FOIA by contributing signific.antly to -public understanding of the operations or activities of the government I agree to pay up to $25 for the production of these records, so long as the fee amount is justified by FAA's FOIA Order. I ask that you fully comply with this FOIA Order and produce these records within the Time Limits as specified within this Order. Thank you for your assistance. Jeff Lewis

- Exhibit 1


FOIA REQUEST TO: iJ-_:J' .:i_· _CONTROL No:/.J.. ,J08J. RESPONSE TO BE COORDINATED

al Rd. Mr·u- :1s APPRoPRIATE. stoNED AND s,S O 1 '""

1'\ ~~ED BY

:/"~ ~~ ---~< /f-1-1 o_+_h_ef--:-.,,-

WSA, FAA FOIA Coordinator ANM Regional Office, Renton, W A -via email-

Dear Madame or Sir:

tei. (971) 295-7669

Thursday, December IS, 2011

Please accept thi.'l as a request for copies under the Freedom of Information Act.

I understand that Agency officials have likely failed to properly investigate an OE that occurred at CMA ATCT on 7125110. I am initiating a journalistic research project to assess the details of this OE and subsequent actions and inactions.

For this FOIA request, please provide true copies of the following:

• A copy of the recording made at CMA ATCT on 7/25110, for at least five minutes either side of the time the Local Controller told the departing Cub to "cancellakeoff cleara11ce," due to a Cessna ahead on the same nmway. Please confinn that this is the same recording as reviewed by Rolen ·Morel in September 2010, after an earlier FOIA request was made.

• A copy of all interviews of all FAA personnel working in the cab at the time the Local Controller attempted to cancel the takeoff clearance (fortunately, the pilot did not react to the cancellation). Please'ensure this includes interviews that occurred eleven months later when AOV innvestigated.

• A copy of all releasable portions of all ATSAP filings related to this incident.

• A copy of all emails and all other written correspondence circulated to Tony Ferrante, Peggy Gilligan, Dianne Bebble, Clay Foushee. Mark Reeves, Gloria Ibarra. Sheny Avery, Bob Jones, Robin! Dybvik, Kevin Pruitt or any other Agency officials, related to investigating and drawing any ~nclusions or taking any actions on this incident.

I agree to p~y up to $1 00.00 for production of these Agency records. Please produce them promptly in compliance;~ith Agency FOIA timelines. Please release all official names as there is no "privacy value" in the names of FAA officials doing their duties. On the ATSAP record(s), please redact minimally, so as to release all details of concerns expressed by the reporting partyies); i.e., redact only those few key words that will properly protect the identity of the reporting party(ies).

,. Thank you for your assistance.

Sincerely, .,

!fl'~ Jeff Lewis

_{

- Exhibit 1


s .. galo Rd. I Mulino¥ O.,p 9;4'/J O)Q ~ ~

Ms. Dolores Corpus FOIA, A WP Regional Coordinator

-- via emai I --

Dear Ms. Corpus,

tel. (971) 295-7669

Wednesday, July 1 I, 2012

FREEDOM Of INFORMATION ACT (FOIA) REQUEST c2.JD rtl.- ~·0 ~J~'7J6JfJ

·A+\t.J~o-o;z (S~c.u.r'i'fy)


In 2007, one of the Reports of Investigation (ROI's) created by A WP-700 was ROI A WP-20070078. This ROI was the sole document used to fire a 22-year controller with no conduct history. ROI A WP-20070078 was created by FAA Special Agent James Austin, working under A WP-750 manager Richard Giles. Various FAA records obtained via FOIA reveal that copies related to this ROI were routinely scanned into an Investigation Tracking System (ITS).

For tlzis FOJA, I ask for tme copies of all pages and all records scanned into the ITS, for ROI A WP-20070078.

Please comply with all POIA timelines. Please do not redact, as I have a full right to see all contents (they relate to my own personal FAA case).

1 agree to pay up to $30 for this response.

Thanks for your help. And, if needed, please call.

Jeff Lewis

- Exhibit 1


S- salo Rd., Muli!zos O.,.p ~bs'P · s.;a ~ ~

tel. (971) 295-7669

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Monday, July 23,2012

FAA A WP, FOIAr-=--.:0=-=f=fi-=-ce:...._ _____ ----, bvia email to Dolores Corpus-!

Hi Dolores:

Please accept this as a request for records under the Freedom of Information Act (FOIA).

In a FOIA response letter received earlier this year, William Withycombe stated that Don Bobertz, " ... performed a search of the case file .... " The 'case' he was referring to was my MSPB case, as handled by Naomi Tsuda and Don Bobertz in early 2009.1

For this FOIA, I am requesting complete copies of all records held by FAA in this 'case file', and all other records used or considered by A WP-7 in the handling of my MSPB case. This should include all emails sent by or received by Naomi Tsuda, Don Bobertz, and others in the A WP-7 offices (including cc copies, and including all email attachments). This should also include all records A WP-7 reviewed during the MSPB Appeal process. Some of these were released via MSPB Discovery phase; many of these were concealed as pre-decisional or citing Privacy Act, but were obtained years later, mostly via FOIA requests.

Please see the attached 2/13/09 pleading signed by Naomi Tsuda, "Agency's Supplemental Response to Appellant's First Request for Production." In fulfillment of this new FOlA request, all ofthese records now need to be released, using appropriate segregation of data, and with minimal redactions. There is no material pre-decisional relevance today, and there likely are few appropriate Privacy Act redactions. Furthermore, without regard to the propriety or ethics behind their actions, these concealed nonetheless reflect official business actions taken by FAA authorities, thus have no personal privacy value. In the event redactions are deemed necessary, please provide a Vaughan Index detailing a brief description of each element so redacted.

I agree to pay up to $150 for this request. If you have questions, or if a higher fee agreement is needed, please call.

Thanks for your help.

Sincerely,

)#"~ Jeff Lewis

1 Agency improperly fired me on 11/6/08, six months prior to my becoming eligible to retire at age fifty. But, having been fired, I was no longer eligible to collect the annuity I had earned in 22-years of ATC service. I filed an MSPB Appeal in late November 2008. Although MSPB exists to ensure 'Merit Systems' and protect Due Process for employees, the MSPB looked the other way while A WP Counsel concealed the many exculpatory records from Discovery. Eventually, A WP Counsel forced a fraudulent settlement. lt was another year, and many FOIA requests, before I began to see the more important concealed records.

- Exhibit 1


S- gaio Rd., Mulino, o.,p 9J4?J s~ ~ ~

tel. (971) 295-7669

FAA HQ, FOIA Office 800 Independence A venue, SW Washington, DC 20591 !-via emailj

Dear Sir or Madam:

Thursday, July 26, 2012

FOIA REQUEST TO: tT-HR I I) 1 7 RESPONSE T CONTROL NO: J;l- fJ 7 ~ AS APPROPR?A~E COORDJNAT.-;::E:;:;O:----MAILEDBY E.SIGNEDANDl C£,.;(? ... f:J.

Please accept this as a request for records under the Freedom of Information Act '\A-ll o+-f.t.er 11

(FOIA).

For this FOIA, I am requesting complete copies of the "Accountability Board Case Report" (please see attached sample, for AB Case 20080281, at a Nevada terminal facility). Please provide the following printouts:

1. a copy of AB Case Number 2007-0266; and

2. copies of all AB Cases handled by the Western Pacific Region (AWP) or Northwest Mountain Region (ANM), for reporting years 2007 through 2009.

These records are available from the database maintained at the FAA HQ Accountability Board office. Within that database, all AB Cases are assigned to a specific region (for purposes ofparttwo ofthis FOIA request, please select AWP and/or ANM, as needed to generate all responsive copies). All AB Cases are also assigned an eight-digit Case Number, with the first four digits representing the AB Case year (for purposes of part two of this FOIA request, please produce all responsive copies for which the first for digits are '2007', '2008', or '2009'). '

Please redact minimally. Similar responses involving other AB Cases have been produced for my earlier FOJA requests. See Fl0-8212 (rcvd 12/28/10; Appeal rcvd 5/7/12). See also F11-8476 (rcvd ll/2f/11; Appeal rcvd 4/2/12). Both ofthese earlier FOIA productions demonstrate that, to avoid the delays and extra work of an Appeal, minimally-redacted copies should be prodticed, and in accordance with the FAA FOIA Order timelines.

I agree to pay up- to $50 for this request. If you have questions, or if a higher fee agreement is needed, please dall.

Thanks for your"'help. l

Sincerely,

Jeff Lewis

- Exhibit 1


Monday, July 23, 2012

fAA WSA. FOIA Office . ~_yh1 email-1

Dt!ar Sir or Madam:

Please accept this as a request for records unde1· the Freedom of Infm·mation Act {FOIA).

Pleuse see attached, a Briefing Item (2p) f:or an Accountability Board (AB) Case reported on J/25/07, in which a CPC at a Washington ATC facility allegedly marked a swastika and made Hitler references about a management official.

For this fOIA, I am requesting complete copies of the following records referenced \Vithin this Briefing Item:

I. a copy of'ManMemcnfs Investigation', as referenced in the 4/26/07 update (this would be a memo detailing what was found in the initial investigation, prior to referring the matter for a more fonnal Security Investigation).

2. the memo or email in which the Accountable Official requested a security investigation from ANM Security (referenced at lffidatc 2/8/0]j.

3. the completed Security Investigation report (this \voulcl be an ROI). 4. the proposed disciplina1y action (was initially proposed as a 30-day suspension) 5. the final disciplinary action, as issued. Please provide a gridded copy if available.

Tbese records should be available in the disciplinary case file retained at the LIVER office. and possibly copied at the facility. Karolyn Grimes (ANiVl-16) can assist (referenced at Update 3/8/07) I accept that names of respondents will be redacted. However, names of all management officials and witnesses should NOT be redacted, as there is no personal privacy content in this data.

I agree to pay up to S30 for this request, though I understand the cost should be zero, as the number of pages should be less than 20-60. If you have questions, or if a higher fee agreement is needed, please call.

Thanks for your help.

Sincerely,

Jl./rf \ /·f ~--Jeff Lewis

) {

- Exhibit 1


of 1

newFOIA seeking all records, Grievance NC-08-77405 (SJC ATCT) Jeff Lewis

to:

7-A WA-ARC-FOIA

11128/2012 03:06PM

Show Details

FOIA REQUEST ro A-w P . - I ~.---I/

i< L·, h)·N·s:r.c-T-o-~~O~TROL NO: 15 - G.:J 7 ·-·· uElUUHDIN-\TU '

.·\:0, :\/'!'ROPRIAI E. SIGNED AND) \!.-\ll!-.DBY 1

·---·~:------~!+- Jl Cl+'h-e( I\-

The following text describes NARA grievance records retention requirements:

o.. Administrative Grievance Files.

Records relating ro gric::vanc~s raised by agency employees, except EEO complaints. These case fil~s include statements of witneslit!s, reports of interviews and hearings, examiner's findings and recommendations, a copy of the original decision, related corr~-spondc:nce and exhibits, and records relating to a reconsideration request.

For this new FOIA request, I ask for unredacted copies of all contents, consistent with the listing above, within the grievance file NC-08-77405. TO be clear, this was a grievance in the matter of a controller at SJC ATCf, and for which Arbitrator Philip Tamoush signed a decision on 1/17/09. ·

I have developed a website which serves a journalistic function in informing the Public about FAA performance and related matters. The records you produce will be used to inform the Public. Therefore, I request a waiver of all fees in accordance with FOIA.

Thanks for your help. Jeff Lewis

,), )) .) '-f }. S. 5n1·-' Pc'clcl ) ) i u I, wu , L> K 9 7 D 'f)._

- Exhibit 1


·-----""'----- -- ---~----·-- ------

P<tgc 1 or I

m:wFOIA rcqllcst. sccking Exhibit records rclntcd to Bobby Rodriguez.' diligent prep fhr NCOX-79364 Arbitration

/ .letT Lewis lu:

Dolores Corpus O..J/17120 13 0 I :05 PM Cc:

r . K1\rcn Pccchia llidc Details

j' ... , I .. ; J. .... ,/ . Frum: .kiT l.cwis <rcl(wmlhc.mow(c_llgnmil.com> To: Dolorl!s Corpus/A \\'P/F:\A'i!":FA:\. Cc: Karen Pecchia!A \VPIFAtVc!,FAA Security: To cnsmc privucy, images from remote sites were prevented rrom downloading. Sho\\ Images

Please accept this as a FOIA request seeking records related to a grievance arbitration (NC-08-79364: set for February 2012 but cancelled at the last minute). and produce aU responsive records within FOIA limelines.

As a bit of bac.l<ground, I filed a FOIA request last August, which became F12-7293. Part of the response was a 152-pglel!er signed by Karen Pecchia (for Mr. Wilhycombe) and dated 11/9/12. It was evident that considerable effort went into compiling the 3-page cover letter, which tabulated 92 different allached documents.

Wllile F12·7293 focused on records related to the cost and payments for the grievance arbitration cancelled in February 2012, this FO!A request seeks actual greiltance records. I.e., agency, represented by Bobby Rodriguez, had a need to diligently prepare for the hearing set to occur at Daly City, CA on 2/16/12 and 2/17/12. This dUigence would include coordination with the NATCA representatives, to pursue settlement as well to Identify Joint Exhibits. And, of course, Bobby Rodriguez, as the FM rep for this arbitration, was required by federal procedures to preserve these records in the grievance arbitration file.

So, for thts FOIA request. I ask for t.:mredacted copies related to the scheduled but cancelled arbitration of grievance NC-08-79364-CCR. as follows:

1. all email and other correspondence related to the collection of evidence and exhibits. This •.vould include coordination internal to FAA (e.g., solicitation of evidence frorn Andy Richards, Barry Davis, Teri Bristol. Jason Ralph. Tim Kubik, Dr. Goodman. Cindy Lopez-Hickson. Ros Marable, AHL·1. Duke Taylor .... and the few dozen other officials who might have relevant records}. This would also include coordination such as emails sending and receiving evidence to/rrom the NATCA reps (and any others at NATCA) for this arbitration heanng.

2. copies of all records coordinated or discussed with NATCA which were to be submitted as Joint Exhibits at the 2/16 and 2/17 arbitration hearing;

3. copies of all records coordinated or discussed wilh NATCA which were to NOT be submitted as Exhibits at the 2116 and 2/17 arbitration hearing;

4. copias of all records NOT coordinated or discussed with NATCA, but which Mr. Rodriguez was considering submitting as Exhibits at lhe 2/16 and 2117 arbitration hearirJg;

5. copies of all records NOT coordinated or discussed with NATCA. but which Mr. Rodriguez had decided would NOT be submitted as El(hibits at the 2/16 t~nd 2/17 arbitration hearing;

I agree Ia pay up to SSO in accordance Wilh the FOIA fees schedule. My phone is ;l.~:_:·: :, •_'•, should you have questions. Thanks for ~·our help KecelVe-d by A 1 u- W :::,A ,.. .

x Date Received: tte'f\ \ l}?, 201 ? FOIA#· :2cJl?·-CJO~ U..o/ WS Requestor· '-Tef£ ~C'w \.s rD!Event Date;...· -t-r-1.;...~/~Pr~---Locati.on:...::.-.wN::....J.J/ft~-----Fac/Pkg·:...f.lN;...,,~-<1 ft~;...;_-----

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- Exhibit 1


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