MSPB FOIA ANNUAL REPORT

for

10/01/2014 through 09/30/2015

The following Annual Freedom of Information Act Report

covers the period of 10/01/2014 through 09/30/2015, 

as required by 5 U.S.C. 552.

I. BASIC INFORMATION REGARDING REPORT

1. William D. Spencer

Chief FOIA Officer

Merit Systems Protection Board

1615 M Street, NW

Suite 500

Washington, DC 20419

202-653-7200

2. Electronic copies of the report are on the MSPB’s website at 

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

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

II. MAKING A FOIA REQUEST

1. The MSPB has prepared a FOIA Guide, which is on its website at 

http://www.mspb.gov/foia/request.htm. Paper copies are also available in the MSPB's 

headquarters library, by calling 202-653-7200, or by emailing foiahq@mspb.gov.

Requesters also will find contact information for the MSPB's FOIA Liaisons at 

http://www.mspb.gov/contact/contact.htm or http://www.foia.gov/reportmakerequest.html.

2. Names, addresses, telephone numbers, and emails of MSPB offices where FOIA 

requests can be filed are found below:

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Atlanta Regional Office

401 W. Peachtree Street, NW

10th Floor

Atlanta, GA 30308-3519

(404) 730-2755

FAX (404) 730-2767

foiaat@mspb.gov

Northeastern Regional Office

1601 Market Street,

Suite 1700

Philadelphia, PA 19103

(215) 597-9960

FAX (215) 597-9960

foiaph@mspb.gov

New York Field Office

26 Federal Plaza

Room 3137-A

New York, NY 10278-0022

(212) 264-9372

FAX (212) 264-1417

foiany@mspb.gov

Dallas Regional Office

1100 Commerce Street

Room 620

Dallas, TX 75242-9979

(214) 767-0810

FAX (214) 767-0102

foiada@mspb.gov

Washington DC Regional Office

1901 S. Bell Street

Suite 950

Arlington, VA 22202

(703) 756-6250

FAX (703) 756-7112

foiadc@mspb.gov

Western Regional Office

201 Mission Street

Suite 2310

San Francisco, CA 94105-1831

(415) 904-6772

FAX (415) 904-0580

foiasf@mspb.gov

Denver Field Office

165 South Union Boulevard

Suite 318

Lakewood, CO 80228-2211

(303) 969-5101

FAX (303) 969-5109

foiade@mspb.gov

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

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. Acronym used:

MSPB – Merit Systems Protection Board

2. Definition of terms used in this report:

a. 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.

b. 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.

c. 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.

d. Component - for agencies that process requests on a decentralized basis, a

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

2
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.

e. Consultation - the procedure whereby the agency responding to a FOIA request 

first forwards a record to another 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 that forwarded it. 

That agency, in turn, will then respond to the FOIA requester.

f. 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.

g. 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 

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.)

h. Full Grant - an agency decision to disclose all records in full in response to a FOIA 

request

i. 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.

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

the median number is 7.

k. 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.

l. 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.

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m. 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.

n. 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.

o. 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.

p. Pending Request or Pending Administrative Appeal - a request or administrative 

appeal for which an agency has not taken final action in all respects.

q. 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.

r. Processed Request or Processed Administrative Appeal - a request or 

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

s. Range in Number of Days - the lowest and highest number of days to process 

requests or administrative appeals.

t. 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 - internal agency rules and practices.

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 those 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.

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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

5
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

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

TOTAL 21 165 136 50

6
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

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

TOTAL 63 29 3 27 0 5 0 1 5 2 1 0 136

7
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

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

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

TOTAL

* N/A

8
V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS 

APPLIED

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

TOTAL 0 0 0 0 3 29 0 0 0 0 0 0 0 0

9
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --

RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

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

TOTAL 1* 4 5 0

* Due to a clerical error, the FY 2014 Annual Report showed 2 pending appeals at the start of FY 2015.

10
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

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

TOTAL 3 1 0 1 5

11
VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS 

APPLIED

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

TOTAL 0 0 0 0 1 2 0 0 1 0 0 0 0 0

12
VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

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

TOTAL 1 0 1 0 0 3 0 0 0 0 0

13
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

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

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

TOTAL

* N/A

14
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Median Number of Days Average Number of 

Days Lowest Number of Days Highest Number of Days

TOTAL 10 32.4 <1 133

15
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

10th 

Oldest 

Appeal

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

Appeal

Date of Appeal

Number of Days 

Pending

* N/A

16
VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED 

REQUESTS

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

TOTAL 18 27.05 <1 145 215 191.17 68 239 14.5 15.67 <1 35

17
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN 

WHICH INFORMATION WAS GRANTED

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

TOTAL 22 26.64 <1 84 219.5 217 190 239 14.5 15.67 <1 35

18
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

<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

TOTAL 61 20 22 6 4 2 1 1 0 0 1 0 0 118

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VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

<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

TOTAL 0 0 0 1 0 0 1 0 0 1 4 0 0 7

20
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE 

TIME IN DAY INCREMENTS

<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

TOTAL 3 2 0 0 0 0 0 0 0 0 0 0 0 5

21
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

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

TOTAL 45 85 98.21 3 55 146.67 2 100.5 100.5

22
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

10th Oldest 

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

Date of 

Receipt 2015-02-022015-01-272015-01-182015-01-082015-01-052014-12-022014-11-212014-10-302014-09-222014-05-22

Number 

of Days 

Pending 168 172 178 184 187 209 215 230 257 341

23
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

TOTAL 5 4 1 15 5

24
VIII.B. REQUESTS FOR FEE WAIVER

Number Granted Number Denied Median Number of 

Days to Adjudicate

Average Number of 

Days to Adjudicate

TOTAL

* N/A

25
IX. FOIA PERSONNEL AND COSTS

PERSONNEL COSTS

Number of 

"Full-Time FOIA 

Employees"

Number of 

"Equivalent 

Full-Time FOIA 

Employees"

Total Number 

of "Full-Time 

FOIA Staff"

Processing 

Costs

LitigationRelated Costs Total Costs

TOTAL 1 1 2 $238,958.00 $0.00 $238,958.00

26
X. FEES COLLECTED FOR PROCESSING REQUESTS

Total Amount of Fees Collected Percentage of Total Costs

TOTAL $0.00 0%

27
XI. FOIA REGULATIONS

1. For more information, please go to:

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

application=HTML. 

28
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Number of Backlogged Requests as 

of End of Fiscal Year

Number of Backlogged Appeals as of 

End of Fiscal Year

TOTAL 44 0

29
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND 

PENDING CONSULTATIONS

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

TOTAL 0 0 0 0

30
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS 

RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCY

10th Oldest 

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

Date

Number of Days

* N/A

31
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- REQUESTS RECEIVED AND PROCESSED

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

TOTAL 221 165 212 136

32
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED REQUESTS

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

TOTAL 10 44

33
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED AND 

PROCESSED

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

TOTAL 10 4 9 5

34
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

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

TOTAL 1 0

35