MSPB FOIA ANNUAL REPORT

FOR

10/01/2015

THROUGH

09/30/2016

The following Annual Freedom of Information Act report covers the 

Period 10/01/2015, through 09/30/2016, as required by 5 U.S.C. 552.

I. BASIC INFORMATION REGARDING REPORT 

1. Name, Title, Address, and Telephone Number

William D. Spencer

Chief FOIA Officer

Merit Systems Protection Board

1615 M Street, NW, Suite 500

Washington, DC 20419

202-653-7200

 

2. Electronic address for Report on the agency web site.

Electronic copies of the report are on the Merit Systems Protection Board’s (MSPB) 

website at http://www.mspb.gov/foia/foiareports.htm.

3. How to obtain a copy of the report in paper form.

Paper copies of the report may be obtained by writing to the above address.

II. MAKING A FOIA REQUEST

1. Name, address, telephone number, and email of the MSPB office where FOIA requests 

can be filed are found below:

Office of the Clerk of the Board

1615 M Street NW

Suite 500

Washington, DC 20419

(202) 653-7200

FAX (202) 653-7130

foiahq@mspb.gov
2. BRIEF DESCRIPTION OF REQUESTS

The MSPB is an independent, quasi-judicial agency in the Executive branch that serves 

as the guardian of Federal merit systems. Many of the FOIA requests received by MSPB 

concern merit cases that have been appealed to the Board. The Board’s appellate 

records are maintained in a system of records subject to the Privacy Act of 1974. These 

records are related to MSPB’s adjudicatory process and customarily include all of the 

parties’ pleadings, allegations, notices, orders, and decisions issued by MSPB. Records 

in those case files often contain privacy information which is exempted in accordance 

with Exemption 6.

3. FOIA REGULATIONS

http://www.mspb.gov/mspbsearch/viewdocs.aspx?docnumber=278732&version=279052

&application=HTML

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. Acronym used:

Acronym Definition

MSPB Merit Systems Protection Board

2. Definition of terms used in this report:

1. Administrative Appeal – a request to a federal agency asking that it review at a 

higher administrative level a FOIA determination made by the agency at the initial 

request level.

2. Average Number – the number obtained by dividing the sum of a group of numbers 

by the quantity of numbers in the group. For example, of 3, 7, and 14, the average 

number is 8.

3. Backlog – the number of requests or administrative appeals that are pending at an 

agency at the end of the fiscal year that are beyond the statutory time period for a 

response.

4. Component – for agencies that process requests on a decentralized basis, a 

“component” is an entity, also sometimes referred to as an Office, Division, Bureau, 

Center, or Directorate, within the agency that processes FOIA requests. The FOIA 

now requires that agencies include in their Annual FOIA Report data for both the 

agency overall and for each principal component of the agency.

5. Consultation – the procedure whereby the agency responding to a FOIA request 

first forwards a record to another agency or component within the same agency for its 

review because that other agency has an interest in the document. Once the agency 

in receipt of the consultation finishes its review of the record, it responds back to the 

agency or component within the same agency that forwarded it. That agency, in turn, 

will then respond to the FOIA requester.
6. Exemption 3 Statute – a federal statute that exempts information from disclosure 

and which the agency relies on to withhold information under subsection (b)(3) of the 

FOIA.

7. FOIA Request – a FOIA request is generally a request to a federal agency for 

access to records concerning another person (i.e., a “third-party” request), or access 

to records concerning an organization, or a particular topic of interest. FOIA requests 

also include requests made by requesters seeking records concerning themselves

(i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, 

such as non-U.S. citizens. Moreover, because all first-party requesters should be 

afforded the benefit of both the access provisions of the FOIA as well as those of the 

Privacy Act, FOIA requests also include any first-party requests where an agency 

determines that it must search beyond its Privacy Act “systems of records” or where 

a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest 

possible access. All requests which require the agency to utilize the FOIA in 

responding to the requester are included in this Report. Additionally, a FOIA request 

includes records referred to the agency for processing and direct response to the 

requester. It does not, however, include records for which the agency has received a 

consultation from another agency. (Consultations are reported separately in Section 

XII of this Report.)

8. Full Grant – an agency decision to disclose all records in full in response to a FOIA 

request.

9. Full Denial – an agency decision not to release any records in response to a FOIA 

request because the records are exempt in their entireties under one or more of the 

FOIA exemptions, or because of a procedural reason, such as when no records 

could be located.

10. Median Number – the middle, not average, number. For example, of 3, 7, and 14, 

the median number is 7.

11. Multi-Track Processing – a system in which simple requests requiring relatively 

minimal review are placed in one processing track and more voluminous and 

complex requests are placed in one or more other tracks. Requests granted 

expedited processing are placed in yet another track. Requests in each track are 

processed on a first in/first out basis.

i. Expedited Processing – an agency will process a FOIA request on an 

expedited basis when a requester satisfies the requirements for 

expedited processing as set forth in the statute and in agency 

regulations.

ii. Simple Request – a FOIA request that an agency using multi-track 

processing places in its fastest (non-expedited) track based on the low 

volume and/or simplicity of the records requested.

iii. Complex Request – a FOIA request that an agency using multi-track 

processing places in a slower track based on the high volume and/or 

complexity of the records requested. 

12. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to 

disclose portions of the records and to withhold other portions that are exempt under 

the FOIA, or to otherwise deny a portion of the request for a procedural reason. 

13. Pending Request or Pending Administrative Appeal – a request or administrative 

appeal for which an agency has not taken final action in all respects. 
14. Perfected Request – a request for records which reasonably describes such records 

and is made in accordance with published rules stating the time, place, fees (if any) 

and procedures to be followed.

15. Processed Request or Processed Administrative Appeal – a request or 

administrative appeal for which an agency has taken final action in all respects.

16. Range in Number of Days – the lowest and highest number of days to process 

requests or administrative appeals.

17. Time Limits – the time period in the statute for an agency to respond to a FOIA 

request (ordinarily twenty working days from receipt of a perfected FOIA request).

3. Concise descriptions of the nine FOIA exemptions:

a. Exemption 1: classified national defense and foreign relations information

b. Exemption 2: information that is related solely to the internal personnel rules and 

practices of an agency

c. Exemption 3: information that is prohibited from disclosure by another federal law

d. Exemption 4: trade secrets and other confidential business information

e. Exemption 5: inter-agency or intra-agency communications that are protected by 

legal privileges

f. Exemption 6: information involving matters of personal privacy

g. Exemption 7: records or information compiled for law enforcement purposes, to the 

extent that the production of these records (A) could reasonably be expected to 

interfere with enforcement proceedings, (B) would deprive a person of a right to a fair 

trial or an impartial adjudication, (C) could reasonably be expected to constitute an 

unwarranted invasion of personal privacy, (D) could reasonably be expected to 

disclose the identity of a confidential source, (E) would disclose techniques and 

procedures for law enforcement investigations or prosecutions, or would disclose 

guidelines for law enforcement investigations or prosecutions, or (F) could 

reasonably be expected to endanger the life or physical safety of any individual

h. Exemption 8: information relating to the supervision of financial institutions

i. Exemption 9: geological information on wells
3. Agency Component Abbreviations

Component Abbreviation Component Name
IV. EXEMPTION 3 STATUTES 

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied upon

by Agency / 

Component

Total Number 

of

Times Relied 

upon

by Agency 

Overall

N/A N/A N/A MSPB 0

0

N/A
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number of 

Requests

Pending as of 

Start

of Fiscal Year

Number of

Requests 

Received

in Fiscal Year

Number of

Requests 

Processed

in Fiscal Year

Number of 

Requests

Pending as of End

of Fiscal Year

MSPB 55 206 168 93

0

AGENCY OVERALL 55 206 168 93

As a result of numerous staff changes and after reviewing its database, MSPB adjusted the number of requests pending at the start of 

Fiscal Year 2016.
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

Number 

of Full 

Grants

Number 

of Partial 

Grants / 

Partial 

Denials

Number of 

Full Denials 

Based on 

Exemptions

Number of Full Denials Based on Reasons Other than Exemptions

No 

Records

All Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

MSPB 49 53 3 37 0 9 0 5 2 1 7 2 168

0

AGENCY 

OVERALL 49 53 3 37 0 9 0 5 2 1 7 2 168
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / 

Component Description of "Other" Reasons for Denials from Chart B(1)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

MSPB Unable to contact requester 2

2

AGENCY 

OVERALL 2
V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9

MSPB 0 1 0 0 3 54 0 0 2 0 1 0 0 0

AGENCY 

OVERALL 0 1 0 0 3 54 0 0 2 0 1 0 0 0
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --

RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / Component

Number of Appeals

Pending as of Start

of Fiscal Year

Number of

Appeals Received

in Fiscal Year

Number of

Appeals Processed

in Fiscal Year

Number of Appeals

Pending as of End

of Fiscal Year

MSPB 0 11 7 4

0

AGENCY OVERALL 0 11 7 4
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / Component Number Affirmed on 

Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded on 

Appeal

Number Completely 

Reversed/Remanded on 

Appeal

Number of Appeals 

Closed for Other 

Reasons

TOTAL

MSPB 5 0 1 1 7

0

AGENCY OVERALL 5 0 1 1 7
VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9

MSPB 0 0 0 0 0 2 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 2 0 0 0 0 0 0 0 0
VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component

No 

Records

Records 

Referred at 

Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

Request 

for Other 

Reasons

Not 

Agency 

Record

Duplicate 

Request or 

Appeal

Request in 

Litigation

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing

Other 

*Explain in 

chart 

below

MSPB 1 0 1 0 1 0 0 0 0 0 0

AGENCY 

OVERALL 1 0 1 0 1 0 0 0 0 0 0
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

Component Description of "Other" Reasons for Denial on Appeal from Chart C(2)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

MSPB N/A 0

0

AGENCY 

OVERALL 0

N/A
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number of Days Average Number of 

Days Lowest Number of Days Highest Number of Days

AGENCY OVERALL 18.00 21.14 <1 47.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal

Date of Appeal

Number of Days 

Pending

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A2016-09-192016-09-152016-08-262016-03-09

Number of Days 

Pending 0 0 0 0 0 0 9 11 24 144
VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY 

OVERALL 14 53.7 <1 460 17 132 3 386 6 19 <1 101
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY 

OVERALL 18 58.94 <1 460 17 136.33 6 386 6 36.33 2 101
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days TOTAL

MSPB 86 19 10 4 7 2 5 2 2 0 6 2 4 149

0

AGENCY 

OVERALL 86 19 10 4 7 2 5 2 2 0 6 2 4 149
VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days TOTAL

MSPB 3 0 0 0 0 0 0 0 0 0 1 1 0 5

0

AGENCY 

OVERALL 3 0 0 0 0 0 0 0 0 0 1 1 0 5
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

81-100 

Days

101-120 

Days

121-140 

Days

141-160 

Days

161-180 

Days

181-200 

Days

201-300 

Days

301-400 

Days

401+

Days TOTAL

MSPB 6 0 0 0 0 1 0 0 0 0 0 0 0 7

0

AGENCY 

OVERALL 6 0 0 0 0 1 0 0 0 0 0 0 0 7
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

Number 

Pending

Median 

Number of 

Days

Average 

Number of 

Days

AGENCY OVERALL 87 85 140.01 4 51 43.75 2 329.5 329.5

 
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th Oldest 

Request 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request

Date of Receipt

Number of Days 

Pending

AGENCY 

OVERALL

Date of Receipt 2015-05-192015-04-242015-04-162015-03-312015-02-112015-02-022015-01-272014-11-212014-10-302014-09-22

Number of Days 

Pending 345 362 368 380 413 420 424 466 481 508
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

AGENCY 

OVERALL 7 12 1 2.74 19
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

AGENCY 

OVERALL 6 2 1 1.63
IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs Total Costs

MSPB 1 1 2 $238,958.00 $0.00 $238,958.00

0 $0.00

AGENCY 

OVERALL 1 1 2 $238,958.00 $0.00 $238,958.00
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected

Percentage of Total 

Costs

MSPB $0.00 0.00%

AGENCY OVERALL $0.00 0.00%
XI.A. NUMBER OF TIMES SUBSECTION (C) USED

Agency / Component Number of Times Subsection (C) Used

MSPB 0

AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION (A)(2) POSTINGS

Agency / Component Number of (a)(2) Records Posted by the 

FOIA Office

Number of (a)(2) Records Posted by 

Program Offices

MSPB 1 839

AGENCY OVERALL 1 839
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency / Component

Number of Backlogged 

Requests as of End of 

Fiscal Year

Number of Backlogged 

Appeals as of End of 

Fiscal Year

MSPB 69 2

AGENCY OVERALL 69 2
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND 

PENDING CONSULTATIONS

Agency / Component

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

Agency as of Start

of the Fiscal Year

Number of

Consultations Received

from Other Agencies 

During the Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that were Processed by 

the Agency During the 

Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

Agency as of End

of the Fiscal Year

MSPB 0 0 0 0

0

AGENCY OVERALL 0 0 0 0
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES 

AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

Date

Number of Days

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

REQUESTS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received 

During Fiscal Year from 

Last Year's Annual 

Report

Number Received 

During Fiscal Year from 

Current Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed 

During Fiscal Year from 

Current Annual Report

MSPB 165 206 136 168

AGENCY OVERALL 165 206 136 168
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / Component

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Current 

Annual Report

MSPB 44 69

AGENCY OVERALL 44 69
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL 

REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number Received 

During Fiscal Year from 

Last Year's Annual 

Report

Number Received 

During Fiscal Year from 

Current Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed 

During Fiscal Year from 

Current Annual Report

MSPB 4 11 5 7

AGENCY OVERALL 4 11 5 7
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Current 

Annual Report

MSPB 0 2

AGENCY OVERALL 0 2