FISCAL YEAR 2021

CHIEF FOIA OFFICER REPORT

U.S. Merit Systems Protection Board

March 2021
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2021 Chief FOIA Officer Report

for the Merit Systems Protection Board (MSPB)

by

William D. Spencer

Acting Executive Director and 

Chief FOIA Officer

The MSPB (www.mspb.gov) is an independent, quasi-judicial agency in the Executive Branch 

that serves as the guardian of Federal merit systems. Our mission is to protect the merit system 

principles and promote an effective Federal workforce free of prohibited personnel practices. 

We carry out our statutory responsibilities and authorities primarily by adjudicating individual 

employee appeals and by conducting merit systems studies. In addition, MSPB reviews the 

significant actions of the Office of Personnel Management to assess the degree to which those 

actions may affect merit system principles and prohibited personnel practices. The MSPB is 

headquartered in Washington, DC, with eight Regional and Field Offices. 

Section I: Steps Taken to Apply the Presumption of Openness

A. FOIA Leadership

1. The FOIA requires each agency to designate a Chief FOIA Officer who is a senior 

official at least at the Assistant Secretary or equivalent level. See 5 U.S.C. 

§ 552(j)(1)(2018). Is your agency’s Chief FOIA Officer at this level?

Answer: Yes.

2. Please provide the name and title of your agency’s Chief FOIA Officer.

Answer: William D. Spencer, Clerk of the Board (currently serving as Acting Executive 

Director).

B. FOIA Training

3. The FOIA directs agency Chief FOIA Officers to ensure that FOIA training is offered to 

agency personnel. See 5 U.S.C. § 552(a)(j)(2)(F). Please describe the efforts your 

agency has undertaken to ensure proper FOIA training is made available and used by 

agency personnel. 

Answer: Training is provided by the Director of Information Services to every new 

agency employee, and to any current employee who requests refresher FOIA training. 

The substantive training provides a brief overview of the FOIA, current and precedential 
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court decisions, and explains how MSPB administers the FOIA by providing agencyspecific examples. 

Currently, the training sessions are conducted virtually via Zoom for Government with all 

participants and the presenter visible. Participants have the opportunity to engage the 

presenter and ask questions. PowerPoint slides of the training session are also posted on 

the FOIA page of our agency’s intranet. 

4. Did your FOIA professionals or the personnel at your agency who have FOIA 

responsibilities attend substantive FOIA training during the reporting period such as that 

provided by the Department of Justice?

Answer: Yes. MSPB’s FOIA professionals conscientiously monitor training 

opportunities and attend the trainings that are pertinent to MSPB.

5. If yes, please provide a brief description of the type of training attended or conducted and 

the topics covered.

Answer: MSPB staff attended trainings offered by the Office of Information Policy

(OIP) at the Department of Justice, including: Advanced FOIA Seminar; Continuing 

FOIA Education; Best Practices Workshop regarding Technology in FOIA; Virtual 

Privacy Considerations mini-session; Virtual Exemption 5 Workshop.

The topics covered by the trainings include an in-depth discussion of the intersection of 

FOIA and privacy considerations and the role and continuing evolution of technology and 

how it impacts the processing of FOIA requests.

6. Please provide an estimate of the percentage of your FOIA professionals and staff with 

FOIA responsibilities who attended substantive FOIA training during this reporting 

period.

Answer: 100%.

7. OIP has directed agencies to “take steps to ensure that all of their FOIA professionals 

attend substantive FOIA training at least once throughout the year.” If your response to 

the previous question is that less than 80% of your FOIA professionals attended training, 

please explain your agency’s plan to ensure that all FOIA professionals receive or attend 

substantive FOIA training during the next reporting year.

Answer: Not applicable. 

C. Outreach

8. Did your FOIA professionals engage in any outreach or dialogue with the requester 

community or open government groups regarding your administration of the FOIA? 
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Please describe any such outreach or dialogue, and, if applicable, any specific examples 

of how this dialogue has led to improvements in your agency’s FOIA administration.

Answer: Due to limited resources and workload in our FOIA program, we were unable 

to engage in any formal outreach or dialogue with the requester community. 

D. Other Initiatives

9. Describe any efforts your agency has undertaken to inform non-FOIA professionals of 

their obligations under the FOIA. In particular, please describe how often and in what 

formats your agency provides FOIA training or briefings to non-FOIA staff. 

Answer: As explained above, all new agency employees receive required FOIA training, 

and refresher training is given to any employee or office upon request. The Chief FOIA 

Officer also provides non-FOIA professionals with relevant information about FOIA 

obligations or implications when situations arise – for example, upon shifting to 

maximum telework during the novel coronavirus (COVID-19) pandemic and National 

Emergency. We also continue to maintain a FOIA page on our agency’s intranet that 

contains general information about FOIA processing at MSPB.

10. Optional – If there are any other initiatives undertaken by your agency to ensure that 

the presumption of openness is being applied, please describe them here.

Answer: In an effort to raise awareness about FOIA and the presumption of openness, 

MSPB’s FOIA staff use opportunities during staff meetings and inter-office meetings to 

share trends in FOIA requests and processing and how those trends may relate to agency

programs or initiatives. Additionally, non-FOIA staff at MSPB strives to identify records

that could be proactively released. 

Section II: Steps Taken to Ensure that Your Agency Has an Effective System in Place for 

Responding to Requests

DOJ’s FOIA Guidelines emphasize that “[a]pplication of the proper disclosure standard is only 

one part of ensuring transparency. Open government requires not just a presumption of 

disclosure, but also an effective system for responding to FOIA requests.” It is essential that 

agencies effectively manage their FOIA program.

Please answer the following questions to describe the steps your agency has taken to ensure that 

the management of your FOIA program is effective and efficient. You should also include any 

additional information that that describes your agency's efforts in this area.

1. For Fiscal Year 2020, what was the average number of days your agency reported for 

adjudicating requests for expedited processing? Please see Section VIII.A. of your 

agency's Fiscal Year 2020 Annual FOIA Report.
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Answer: 2.44 days.

2. If your agency's average number of days to adjudicate requests for expedited processing 

was above ten calendar days, according to Section VIII.A. of your agency’s Fiscal Year 

2020 Annual FOIA Report, please describe the steps your agency will take to ensure that 

requests for expedited processing are adjudicated within ten calendar days or less.

Answer: Not applicable. MSPB continues to prioritize the adjudication of expedited 

requests and to grant such requests, when appropriate.

3. During the reporting period, did your agency conduct a self-assessment of its FOIA 

program? If so, please describe the methods used, such as reviewing Annual Report data, 

using active workflows and track management, reviewing and updating processing 

procedures, etc.

• Note: In September 2017, OIP released a FOIA Self-Assessment Toolkit 

as a resource for agencies conducting a self-assessment of their FOIA 

program. The Toolkit is available on OIP’s website for all agencies to 

use.

Answer: Yes. At the outset of Fiscal Year 2020, MSPB used the accomplishments and 

lessons learned from its Fiscal Year 2019 FOIA program to set goals, including quarterly 

and annual goals for backlog reduction, specific targets to close the ten-oldest requests,

and goals to maintain our processing times. Beginning in March 2020, as MSPB shifted 

to mandatory and then maximum telework due to the pandemic, we reassessed priorities 

and options to determine the best way forward for processing FOIA requests while 

minimizing disruptions for requestors.

4. Standard Operating Procedures (SOPs): Having SOPs can improve the consistency and 

quality of an agency’s FOIA process. In addition, describing an agency’s standard 

practices for handling FOIA requests on agency FOIA websites can help requesters better 

understand how their request will be handled. 

a) Does your agency have SOPs that outline general processes for handling FOIA 

requests and appeals?

b) If not, does your agency have plans to create FOIA SOPs?

c) If yes, how often are they reviewed/updated to account for changes in law, best 

practices, and technology?

d) In addition to having SOPs, does your agency post or otherwise describe your 

standard processes for handling requests on your website?
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Answer: MSPB does not currently have documented SOPs for the FOIA program. As 

MSPB’s FOIA program has matured in recent years, with a consistent FOIA Government 

Information Specialist (GIS) responsible for the program, standard processes have been 

developed and are followed when other staff members assist with the program. We are 

committed to documenting MSPB’s FOIA SOPs as one of our Fiscal Year 2021 program 

goals.

MSPB currently provides general information about its FOIA processes on its website at 

https://www.mspb.gov/foia/request.htm, and will review and update this website content 

following the creation of our written SOPs. 

5. The FOIA Improvement Act of 2016 requires additional notification to requesters about 

the services provided by the agency’s FOIA Public Liaison. Please provide an estimate 

of the number of times requesters sought assistance from your agency’s FOIA Public 

Liaison during Fiscal Year 2020 (please provide a total number or an estimate of the 

number).

Answer: While MSPB regularly informs requesters of the services of the FOIA Public

Liaison, only one or two requesters sought out the Liaison’s services during Fiscal Year 

2020. However, given MSPB’s limited FOIA staff, and in an effort to process requests as 

efficiently as possible, MSPB’s FOIA Public Liaison frequently engages with requesters 

at the outset of processing to discuss the request and determine the best ways to meet the

their needs. 

6. Does your agency frequently receive common categories of first-party requests? If so, 

please describe the types of request and if your agency has explored establishing 

alternative means of access to these records outside of the FOIA process? 

Answer: First-party requesters almost exclusively seek their MSPB appeal case file. 

Many requestors are able to access their current or recent appeal files through MSPB’s eAppeal Online system, a web-based system with access restricted to case parties only. 

Requestors are encouraged to use e-Appeal to access and download electronic copies of 

their appeal file whenever circumstances allow. However, a significant portion of firstparty requesters seek their older records, the majority of which are in paper format and 

are maintained offsite at Federal Records Centers throughout the United States. In other 

circumstances, requestors seek a paper copy of their first-party record even when the 

record is available electronically. In these circumstances, the FOIA GIS processes the 

first-party request. MSPB continues to review these processes and look for efficiencies 

in first-party request processing. 

7. The FOIA Improvement Act of 2016 required all agencies to update their FOIA 

regulations within 180 days. Has your agency updated its FOIA regulations in 
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accordance with the FOIA Improvement Act of 2016? If not, what is your agency’s plan 

to update your regulations?

Answer: No. MSPB was not able to complete the updates to its FOIA regulations 

within the 180-day period following the FOIA Improvement Act of 2016. Since January 

7, 2017, MSPB has lacked a quorum of Senate-confirmed Board members, and since 

March 1, 2019, MSPB has had no Senate-confirmed Board members. Because of the 

lack of quorum, Board members were not able to approve the substantive regulation 

updates. Despite the lack of substantive regulation updates, MSPB FOIA staff follows

the mandates as provided by the statute, and draft regulation updates have been prepared

in anticipation of new Board members and the restoration of a quorum.

8. Please explain how your agency worked to mitigate the impact of the COVID-19 

pandemic on FOIA processing. Examples could include, but are not limited to: altering 

workflows, implementing new technology, providing notices and instructions or 

otherwise communicating directly with requesters. 

Answer: To mitigate the impact of the COVID-19 pandemic on FOIA processing, 

information was added to our FOIA website to encourage requesters to utilize our online 

FOIA tracking system instead of mailing or faxing requests to MSPB’s offices. 

Additionally, all written communications to requesters included a paragraph that relayed 

MSPB’s mandatory and maximum telework statuses and possible delays in processing 

requests. We have been transparent with requesters about any delays or logistical 

challenges due to the pandemic, e.g., searching in-office for paper records, retrieving

paper copies of records currently stored at Federal Records Centers, or reproducing

records in hard or electronic copies. 

(Optional) Please describe:

• Best practices used to ensure that your FOIA system operates effectively 

• Any challenges your agency faces in this area.

Answer: As explained above, MSPB’s approach includes setting quarterly and annual

goals to manage the FOIA program at the outset of each fiscal year. The FOIA GIS and 

managers meet throughout the year to continuously review and discuss pending FOIA 

requests. The FOIA GIS and the FOIA Public Liaison maintain almost daily contact to 

ensure efficiency and to maximize resources. MSPB has one full-time FOIA GIS, and 

these meetings help identify when other staff can provide triage support to the program, 

such as for a voluminous request or to assist in the interpretation or scope of a request. 

We also have cross-trained the FOIA management team to ensure FOIA processing 

continues even when the full-time FOIA GIS is unavailable or on leave. This approach 

assists in maintaining processing times for simple requests and ensures new requests are 

timely docketed, acknowledged, and triaged. MSPB continues to increase efforts to 
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reach out to requesters when a request is received to ensure we understand the requester’s 

needs and to allow the requester to narrow the request to allow for faster processing. 

Finally, we continue to benefit from efforts initiated in Fiscal Year 2018 to streamline our 

electronic searches for certain types of records, thereby making the search and review 

process more efficient. 

Section III: Steps Taken to Increase Proactive Disclosures

The Department of Justice has long focused on the need for agencies to work proactively to post 

information online without waiting for individual requests to be received.

Please answer the following questions to describe the steps your agency has taken to increase the 

amount of material that is available on your agency websites. In addition to the questions below, 

you should also describe any additional steps taken by your agency to make and improve 

proactive disclosures of information.

1. Provide examples of material that your agency has proactively disclosed during the past 

reporting year, including records that have been requested and released three or more 

times in accordance with 5 U.S.C. § 552(a)(2)(D). Please include links to these as well.

Answer: 

We posted Case Reports that provide descriptions of court decisions:

https://www.mspb.gov/decisions/casereports.htm

We posted Rules of Behavior for External Zoom users and MSPB’s Privacy Act 

Statement for Zoom for Government:

https://www.mspb.gov/appeals/files/Zoom_for_Government_Rules_of_Behavior_for_Ex

ternal_Users_April_30_2020.pdf

https://www.mspb.gov/privacy/MSPB_Privacy_Act_Statement_for_Zoom_for_Governm

ent_Apr_2020.pdf

We posted information specific to MSPB operations during the COVID-19 pandemic and 

National Emergency:

https://www.mspb.gov/coronavirus/

We posted electronic versions of print publications for the Issues of Merit newsletters: 

• https://www.mspb.gov/MSPBSEARCH/viewdocs.aspx?docnumber=1768161&ve

rsion=1774368&application=ACROBAT

• https://www.mspb.gov/MSPBSEARCH/viewdocs.aspx?docnumber=1728220&ve

rsion=1734239&application=ACROBAT
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• https://www.mspb.gov/MSPBSEARCH/viewdocs.aspx?docnumber=1692810&ve

rsion=1698743&application=ACROBAT

We posted electronic versions of research briefs issued by MSPB’s Office of Policy and

Evaluation:

• https://www.mspb.gov/MSPBSEARCH/viewdocs.aspx?docnumber=1724758&ve

rsion=1730756&application=ACROBAT

• https://www.mspb.gov/MSPBSEARCH/viewdocs.aspx?docnumber=1666398&ve

rsion=1672301&application=ACROBAT

We posted fact sheets regarding the 2021 Merit Principles Survey: 

https://www.mspb.gov/studies/surveys.htm

We posted agency annual and budget reports: 

https://www.mspb.gov/publicaffairs/annual.htm

Among the records available in our e-FOIA reading room (https://www.mspb.gov/foia/efoiareadingroom.htm), we posted or cross-posted the following records:

Judges’ Handbook:

https://www.mspb.gov/mspbsearch/viewdocs.aspx?docnumber=241913&version=24218

2&application=ACROBAT

Pending Petition for Review Data (January 2017-December 31, 2020):

https://www.mspb.gov/foia/files/December_2020_PFRs_Received_and_Pending_Counts

-508.pdf

FOIA Logs for Quarters 1-3 of Fiscal Year 2020:

https://www.mspb.gov/foia/files/MSPB_FY20_FOIA_Log_Quarter_1.pdf

https://www.mspb.gov/foia/files/MSPB_FY20_FOIA_Log_Quarter_2.pdf

https://www.mspb.gov/foia/files/MSPB_FY20_FOIA_Log_Quarter_3.pdf

FY 2020 Annual Freedom of Information Act Report

http://www.mspb.gov/MSPBSEARCH/viewdocs.aspx?docnumber=1807498&version=1

813774&application=ACROBAT

https://www.mspb.gov/xml/MSPBFY20.xml

https://www.mspb.gov/xml/FY_20%20MSPB_RawDataExport%20Final.csv

MSPB’s Policy on Prohibited Conduct:

https://www.mspb.gov/foia/files/PolicyonProhibitedConduct.pdf
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2. Beyond posting new material, is your agency taking steps to make the posted information 

more useful to the public, especially to the community of individuals who regularly 

access your agency’s website?

Answer: Yes.

3. If yes, please provide examples of such improvements. In particular, please describe steps 

your agency is taking to post information in open, machine-readable, and machineactional formats, to the extent feasible. If not posting in open formats, please explain 

why and note any challenges. 

Answer: We have taken steps to ensure that the information proactively posted on our 

website is the most up to date and accurate information available. The information can 

be accessed via links posted at various places on our website to ensure multiple points of 

access. Links to records are grouped by relevant category, which also provides a brief 

description of the nature of the records.

Additionally, MSPB’s new Accessibility Program Manager is working with the FOIA 

program to ensure compliance with Section 508 of the Rehabilitation Act of 1973 (29 

U.S.C. § 794d). 

4. (Optional) Please describe:

• The best practices used to improve proactive disclosures 

• Any challenges your agency faces in this area.

Answer: MSPB’s FOIA staff monitors incoming requests to spot trends and topics of 

public interest, and vigilantly monitors agency initiatives and current events concerning 

the agency. Additionally, offices within MSPB communicate with the FOIA staff to 

bring matters of public concern or interest to their attention. 

MSPB’s challenge in this area is balancing limited resources among multiple objectives: 

timely processing of requests, backlog reduction, and maximizing opportunities to 

identify and make proactive disclosures. 

Section IV: Steps Taken to Greater Utilize Technology

A key component of FOIA administration is using technology to make information more 

accessible. In addition to using the internet to make proactive disclosures, agencies should also 

be exploring ways to utilize technology in responding to requests. 
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Please answer the following questions to describe how your agency is utilizing technology to 

improve its FOIA administration and the public's access to information. You should also include 

any additional information that that describes your agency's efforts in this area.

1. Please briefly describe the types of technology your agency uses to support your FOIA 

program. In addition, please highlight if your agency is leveraging or exploring any new 

technology that you have not previously reported. If so, please describe the type of 

technology.

Answer: In addition to utilizing the technology available with FOIAonline, we also 

explored other document sharing programs to more easily release records to requesters. 

MSPB continued efforts to better leverage other current technology, e.g., the Microsoft 

Office 365 suite, to conduct both enterprise-level and targeted searches for records. 

2. OIP issued guidance in 2017 encouraging agencies to regularly review their FOIA 

websites to ensure that they contain essential resources and are informative and userfriendly. Has your agency reviewed its FOIA website(s) during the reporting period to 

ensure it addresses the elements noted in the guidance?

Answer: MSPB continually reviews the FOIA website to ensure that it contains essential 

resources and is informative and user-friendly. As noted above, MSPB incorporated 

specific information on its FOIA website about the agency’s operating status and its 

effect on FOIA processing as a result of the pandemic. MSPB’s FOIA team has also 

discussed possible improvements to the FOIA website. 

3. Did your agency successfully post all four quarterly reports for Fiscal Year 2020?

Answer: Yes.

4. If your agency did not successfully post all quarterly reports, with information appearing 

on FOIA.gov, please explain why and provide your agency’s plan for ensuring that such 

reporting is successful in Fiscal Year 2021.

Answer: Not applicable. 

5. The FOIA Improvement Act of 2016 requires all agencies to post the raw statistical data 

used to compile their Annual FOIA Reports. Please provide the link to this posting for 

your agency’s Fiscal Year 2019 Annual FOIA Report and, if available, for your agency’s 

Fiscal Year 2020 Annual FOIA Report.

Answer: MSPB posted raw data from our Fiscal Year 2019 Annual FOIA Report in both 

a human-readable CSV form and a machine-readable XML form. Both forms of raw data 

are available in our e-FOIA Reading Room: 
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• Fiscal Year 2019 Report (CSV)

https://www.mspb.gov/xml/MSPB%20FY19%20Raw%20Data%20Export%2

0Final.csv

• Fiscal Year 2019 Report (XML)

https://www.mspb.gov/xml/MSPB%20FY19%20Final.xml

• Fiscal Year 2020 Report (CSV)

https://www.mspb.gov/xml/FY_20%20MSPB_RawDataExport%20Final.csv

• Fiscal Year 2020 Report (XML)

 https://www.mspb.gov/xml/MSPBFY20.xml

6. (Optional) Please describe:

• Best practices used in greater utilizing technology 

• Any challenges your agency faces in this area.

Answer: MSPB’s challenge in utilizing new technology is allocating the resources and 

time to research available technologies and understand how they would improve the 

FOIA program at MSPB. 

Section V: Steps Taken to Improve Timeliness in Responding to Requests and Reducing 

Backlogs

The Department of Justice has emphasized the importance of improving timeliness in responding 

to requests. This section of your Chief FOIA Officer Report addresses both time limits and 

backlog reduction. Backlog reduction is measured both in terms of numbers of backlogged 

requests or appeals and by looking at whether agencies closed their ten oldest requests, appeals, 

and consultations.

For the figures required in this Section, please use the numbers contained in the specified 

sections of your agency’s 2019 and 2020 Annual FOIA Reports.

A. Simple Track

Section VII.A of your agency’s Annual FOIA Report, entitled "FOIA Requests – Response Time 

for All Processed Requests," includes figures that show your agency's average response times for 

processed requests. For agencies utilizing a multi-track system to process requests, there is a 

category for "simple" requests, which are those requests that are placed in the agency’s fastest 

(non-expedited) track, based on the low volume and/or simplicity of the records requested.

1. Does your agency utilize a separate track for simple requests? 
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Answer: Yes. MSPB utilizes the traditional three-track system for FOIA requests: 

simple, complex, and expedited requests.

2. If your agency uses a separate track for simple requests, was the agency overall average 

number of days to process simple requests twenty working days or fewer in Fiscal Year 

2020?

Answer: Yes. MSPB’s overall average response time for all processed perfected simple 

requests was 5.65 days in Fiscal Year 2020. 

3. Please provide the percentage of requests processed by your agency in Fiscal Year 2020

that were placed in your simple track. Please use the following calculation based on 

data from your Annual FOIA Report (processed simple requests from Section VII.C.1) 

divided by (requests processed from Section V.A.) x 100.

Answer: 58%. 

4. If your agency does not track simple requests separately, was the average number of days 

to process all non-expedited requests twenty working days or fewer?

Answer: Not applicable. 

B. Backlogs

Section XII.A of your agency’s Annual FOIA Report, entitled "Backlogs of FOIA Requests and 

Administrative Appeals" shows the numbers of any backlogged requests or appeals from the 

fiscal year. You should refer to these numbers from your Annual FOIA Reports for both Fiscal 

Year 2019 and Fiscal Year 2020 when completing this section of your Chief FOIA Officer 

Report.

BACKLOGGED REQUESTS

5. If your agency had a backlog of requests at the close of Fiscal Year 2020, according to 

Annual Report Section XII.A., did that backlog decrease as compared with the backlog 

reported at the end of Fiscal Year 2019?

Answer: No. There was a slight increase (four) in the number of backlogged requests at 

the end of Fiscal Year 2020 as compared to Fiscal Year 2019. 

6. If not, according to Annual FOIA Report Section V.A., did your agency process more 

requests during Fiscal Year 2020 than it did during Fiscal Year 2019?

Answer: Yes. MSPB processed more requests during Fiscal Year 2020 than it did 

during Fiscal Year 2019. 
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7. If your agency’s request backlog increased during Fiscal Year 2020, please explain why 

and describe the causes that contributed to your agency not being able to reduce its 

backlog. When doing so, please also indicate if any of the following were contributing 

factors:

• An increase in the number of incoming requests.

• A loss of staff.

• An increase in the complexity of the requests received. If possible, please 

provide examples or briefly describe the types of complex requests 

contributing to your backlog increase.

• Any other reasons – please briefly describe or provide examples when 

possible.

Answer: MSPB received 10 more requests in Fiscal Year 2020 – a 9% increase in 

requests over Fiscal Year 2019. MSPB processed more requests overall in Fiscal Year 

2020, including more of the ten oldest requests, some of which were in excess of 3,000 

pages and contained sensitive information. Finally, the shift to maximum telework as a 

result of the pandemic also affected the FOIA program and some FOIA processes were 

modified and processing was delayed.

8. If you had a request backlog please report the percentage of requests that make up the 

backlog out of the total number of requests received by your agency in Fiscal Year 2020. 

Please use the following calculations based on data from your Annual FOIA Report: 

(backlogged requests from Section XII.A) divided by (requests received from Section 

V.A) x 100. If your agency has no request backlog, please answer with “N/A.”

Answer: 39%.

BACKLOGGED APPEALS 

9. If your agency had a backlog of appeals at the close of Fiscal Year 2020, according to 

Section XII.A of the Annual FOIA Report, did that backlog decrease as compared with 

the backlog reported at the end of Fiscal Year 2019?

Answer: No. The number of backlogged appeals was the same as reported in Fiscal 

Year 2019.

10. If not, according to section VI.A of the Annual FOIA Report, did your agency process 

more appeals during Fiscal Year 2020 than it did during Fiscal Year 2019?

Answer: Yes. The number of appeals processed in Fiscal Year 2020 more than doubled 

from the number processed in Fiscal Year 2019. 
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11. If your agency’s appeal backlog increased during Fiscal Year 2020, please explain why 

and describe the causes that contributed to your agency not being able to reduce its 

backlog. When doing so, please also indicate if any of the following were contributing 

factors:

• An increase in the number of incoming appeals.

• A loss of staff.

• An increase in the complexity of the requests received. If possible, please 

provide examples or briefly describe the types of complex requests 

contributing to your backlog increase.

• Any other reasons – please briefly describe or provide examples when 

possible.

Answer: Not applicable. 

12. If you had an appeal backlog please report the percentage of appeals that make up the 

backlog out of the total number of appeals received by your agency in Fiscal Year 2020. 

Please use the following calculation based on data from your Annual FOIA Report: 

(backlogged appeals from Section XII.A) divided by (appeals received from Section 

VI.A) x 100. If your agency did not receive any appeals in Fiscal Year 2020 and/or has 

no appeal backlog, please answer with "N/A."

Answer: 8%.

C. Backlog Reduction Plans

13. In the 2020 guidelines for Chief FOIA Officer Reports, any agency with a backlog of 

over 1,000 requests in Fiscal Year 2019 was asked to provide a plan for achieving 

backlog reduction in the year ahead. Did your agency implement a backlog reduction 

plan last year? If so, describe your agency’s efforts in implementing this plan and note if 

your agency was able to achieve backlog reduction in Fiscal Year 2020?

Answer: MSPB did not have a backlog of over 1,000 requests in Fiscal Year 2019. 

14. If your agency had a backlog of more than 1,000 requests in Fiscal Year 2020, what is 

your agency’s plan to reduce this backlog during Fiscal Year 2021? 

Answer: Not applicable. 

D. Status of Oldest Requests, Appeals, and Consultations

Section VII.E., entitled "Pending Requests – Ten Oldest Pending Requests," Section VI.C.(5)., 

entitled "Ten Oldest Pending Administrative Appeals," and Section XII.C., entitled 

"Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies 
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and Pending at Your Agency," show the ten oldest pending requests, appeals, and consultations. 

You should refer to these numbers from your Annual FOIA Reports for both Fiscal Year 2019

and Fiscal Year 2020 when completing this section of your Chief FOIA Officer Report.

OLDEST REQUESTS

15. In Fiscal Year 2020, did your agency close the ten oldest pending perfected requests that 

were reported in Section VII.E. of your Fiscal Year 2019 Annual FOIA Report?

Answer: No.

16. If no, please provide the number of these requests your agency was able to close by the 

end of the fiscal year, as listed in Section VII.E of your Fiscal Year 2019 Annual FOIA 

Report. If you had fewer than ten total oldest requests to close, please indicate that.

Answer: In Fiscal Year 2020, we closed seven of our ten oldest requests reported 

pending in our Fiscal Year 2019 Annual FOIA Report. 

17. Beyond work on the ten oldest requests, please describe any steps your agency took to 

reduce the overall age of your pending requests.

Answer: MSPB continues to concentrate on backlog reduction. We strive to close our 

ten oldest requests each year, thereby reducing the overall age of our pending requests. 

By closing more of the oldest requests in Fiscal Year 2020, we demonstrated our 

commitment to meet this objective. 

In addition, we inventoried our entire backlog and prioritized those requests that could be 

most efficiently closed, especially given the operational challenges presented by the 

pandemic. 

We continue to set goals of reducing the processing time for simple requests. By 

processing simple requests more efficiently and quickly, we reduced the amount of new 

requests that were left pending at the end of the fiscal year. Each year, as we work 

through our backlog and clear the oldest of the pending requests, the overall age of 

pending requests will drop. 

TEN OLDEST APPEALS 

18. In Fiscal Year 2020, did your agency close the ten oldest appeals that were reported 

pending in Section VII.C.5. of your Fiscal Year 2019 Annual FOIA Report?

Answer: No. 
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19. If no, please provide the number of these appeals your agency was able to close by the 

end of the fiscal year, as listed in Section VII.C.(5) of your Fiscal Year 2019 Annual 

FOIA Report. If you had fewer than ten total oldest appeals to close, please indicate that.

Answer: MSPB had three pending appeals at the end of Fiscal Year 2019. We were able 

to close one of the three.

20. Beyond work on the ten oldest appeals, please describe any steps your agency took to 

reduce the overall age of your pending appeals.

Answer: We experienced a significant increase in the number of appeals in Fiscal Year 

2020. MSPB received 24 appeals in Fiscal Year 2020, compared to 8 appeals received in 

Fiscal Year 2019. MSPB staff worked diligently to successfully close all 24 appeals 

received in Fiscal Year 2020. 

TEN OLDEST CONSULTATIONS

21. In Fiscal Year 2020, did your agency close the ten oldest consultations that were reported 

pending in your Fiscal Year 2019 Annual FOIA Report?

Answer: MSPB did not have any pending consults in Fiscal Year 2019.

22. If no, please provide the number of these consultations your agency was able to close by 

the end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2019 Annual 

FOIA Report. If you had fewer than ten total oldest consultations to close, please 

indicate that.

Answer: Not applicable. 

E. Additional Information on Ten Oldest Requests, Appeals, and Consultations & Plans

23. Briefly explain any obstacles your agency faced in closing its ten oldest requests, appeals, 

and consultations from Fiscal Year 2019.

Answer: MSPB remains committed to closing its ten oldest requests each year. The ten 

oldest requests in Fiscal Year 2020 were voluminous requests for MSPB case files and 

presented challenging privacy considerations that make them difficult and timeconsuming to process. Processing such requests is complex as we constantly strive to 

balance our duty and commitment to promoting an open and transparent Government 

with our duty to protect individuals’ privacy. Also, as noted above, the pandemic 

affected agency operations in Fiscal Year 2020, including the FOIA program.

24. If your agency was unable to close any of its ten oldest requests because you were 

waiting to hear back from other agencies on consultations you sent, please provide the 
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date the request was initially received by your agency, the date when your agency sent 

the consultation, and the date when you last contacted the agency where the consultation 

was pending.

Answer: Not applicable. 

25. If your agency did not close its ten oldest pending requests, appeals, or consultations, 

please provide a plan describing how your agency intends to close those “ten oldest” 

requests, appeals, and consultations during Fiscal Year 2021.

Answer: We have identified the ten oldest requests for Fiscal Year 2021, and we have

set quarterly goals in an effort to close these ten requests by September 30, 2021. 

F. Success Stories

Out of all the activities undertaken by your agency since March 2020 to increase transparency 

and improve FOIA administration, please briefly describe here at least one success story that you 

would like to highlight as emblematic of your agency’s efforts. The success story can come 

from any one of the five key areas. As noted above, OIP will highlight these agency success 

stories during Sunshine Week. To facilitate this process, all agencies should use bullets to 

describe their success story and limit their text to a half page. The success story is designed to be 

a quick summary of key achievements. A complete description of all your efforts will be 

contained in the body of your Chief FOIA Officer Report.

Answer: The FOIA program at MSPB continues to improve and mature. We continue to 

focus on setting and accomplishing goals to maximize the productivity of MSPB’s FOIA 

program. The goal-oriented approach by our small FOIA team resulted in the following 

notable accomplishments:

• Provided live (virtual) FOIA training to 100% of employees on-boarded since March 

2020.

• Closure of seven of the ten oldest requests.

• Closure of all appeals received in Fiscal Year 2020.

• Reduced simple track request processing time.