FEDERAL MEDIATION AND CONCILIATION SERVICE 

UNITED STATES GOVERNMENT 

WASHINGTON, DC 20427 

Office of the General Counsel 

Chief FOIA Officer Report to Department of Justice 

Pursuant to the Attorney General’s FOIA Guidelines 

I. Steps Taken to Apply the Presumption of Openness

 The Federal Mediation and Conciliation Service is a small, independent Agency 

composed of 249 employees. Commensurate with its size, FMCS received 130 FOIA 

requests in FY 2009, only five of which were denied in whole or part, and none of which 

were pending at the end of the year. FMCS has a FOIA Officer and a Chief FOIA 

Officer, but no other formal FOIA structure. Under these circumstances, the vast 

majority of the AG’s FOIA guidelines have either previously been implemented or are 

not applicable to an agency of this size. 

 1. FMCS applies the presumption of openness to all requests except those which 

seek information specifically exempt under FOIA. Even as to exempt information, the 

Agency may balance the need for disclosure against the interest protected by the 

exemption and determine that disclosure is appropriate in the interest of openness, 

although FMCS had no occasion to engage in this balancing process during FY 2009. 

However, in the interest of openness, FMCS has responded to questions directed to the 

Agency – which it had no obligation to answer under FOIA – as if a proper FOIA request 

had been made. For example, as recently as March 10, 2010, where a person requested 

an answer as to whether a specific strike notice had been filed, FMCS treated the inquiry 

as a FOIA request and, as a matter of discretion, disclosed responsive documents. 

Finally, since FOIA issues are only considered by a single FOIA Officer and a Chief 

FOIA Officer, publication and training beyond these individuals, pertaining to the AG’s 

Guidelines, were deemed unnecessary. 

 2. Since FMCS has applied an “openness” standard prior to the issuance of the 

2009 Guidelines, the number of releases in whole or in part shows no substantial 

variation in FY 2009 compared to previous years. For example, of 91 requests received 

in FY 2008, 62 or 68% were granted in full and 2 or 2% were granted in part. Similarly, 

in FY 2009, of 130 requests received, 83 or 64% were granted in full and 5 or 4% were 

granted in part. 
II. Steps Taken to Ensure that This Agency has an Effective System for Responding 

 to Requests

 Since FMCS is a small agency, the number of FOIA requests it processes are few 

and, because they are centrally processed, the Agency does not require complex systems 

to operate effectively and efficiently. The same FOIA Officer processes all FOIA 

requests. The Chief FOIA Officer reviews and/or determines the appropriate response in 

about one-half the cases. FMCS uses a variety of systems to ensure efficiency and 

effectiveness including, for example, dedicated electronic filing, log in/out, and request 

tracking. Two IT personnel have been specially designated to provide information 

support. 

III. Steps Taken to Increase Proactive Disclosures

 Beginning in FY 2005, FMCS has made major additions to the information 

available to the public in its “reading room” located on the Agency’s website. This 

includes frequently sought data concerning notices of contract termination, arbitration 

data, and work stoppages reports. These new reading room postings, which were 

completed prior to FY 2009, have resulted in a reduction of Agency FOIA requests of 

more than 70% since FY 2004. No additional categories of information were identified 

during FY 2009 which, if added to the FMCS reading room, would have further reduced 

FOIA requests to the Agency. 

IV. Steps Taken to Greater Utilize Technology

1. FMCS receives requests electronically. 

2. N/A. 

3. FMCS tracks requests electronically. 

4. N/A. 

5. FMCS uses technology to process requests. 

6. N/A. 

7. FMCS utilizes technology to prepare its Annual FOIA Report. 

8. N/A. 

 The Agency uses off-the-shelf Microsoft Word, Excel, and Outlook to perform 

these tasks. 

V. Steps Taken to Reduce Backlogs and Improve Timeliness in Responding to 

 Requests

1.,2. FMCS had no backlogged requests and no backlogged administrative appeals 

as of the end of FY 2008* and FY 2009. FMCS responded to all requests within the 

statutory time period of 20 days in FY 2009. 

* Three initial requests were pending prior to the expiration of the 20-day responsive 

period. 
 3. FMCS responded to all requests within the statutory time period of 20 days in 

FY 2009. 

Michael J. Bartlett 

Chief FOIA Officer 

Federal Mediation and Conciliation Service 

March 15, 2010