Who and What Overview
Tom the supervisor has caught word that Jerry the employee has committed a hatch act violation. Tom the supervisor wants to take speedy action. However, Tom understands that he does not have the authority to discipline employees for violations of the Hatch Act. Who must Tom refer this matter to so that appropriate disciplinary action is taken against Jerry?
A. The U.S. Office of Special Counsel
B. OGC HQ
Notes: The U.S. Office of Special Counsel - NOT the employee’s own agency has authority to discipline employees for violations of the act act.
T or F: A requestor has the obligation to covey that they are submitting a FOIA request for their request to be processed as such.
False
Attorney-Client Privilege falls under which exemption?
Exemption 5, which includes...
* Deliberative Process Privilege
* Attorney-Client Privilege
* Attorney Work-Product
Who is the Region III FOIA Liaison?
AP!
What Branch of Government is subject to FOIA?
Executive Branch
How many days do Agency's generally have to respond to a FOIA request?
20 days
When is a submitter notice necessary (Exemption 4)?
When a FOIA request seeks information that HUD obtained from a third party, whether obtained voluntarily or involuntarily
What office assigns a FOIA request to the appropriate office, sends acknowledgement email to requesters, and submits eDiscovery requests to ExecSec for archived emails?
FPM (Field Policy and Management)
T or F: As HUD employees we must create whatever is needed to respond to the public's requests for information.
False
If an exemption applies, a record may still be released in full if there is no...
foreseable harm (that disclosure would harm an interest protected by one of the nine exemptions that FOIA enumerates)
List three examples of information protected under Exemption 6
•person’s name and address;
•social security number;
•names of tenants in assisted housing;
•identity of minors;
•medical conditions; or
•personal financial information.
Name two of the documents that must be provided to OGC for their review of a FOIA request
•Copy of the original request;
•Copy of the draft response letter w/appropriate concurrences;
•Copy of the Recommendation Sheet & FOIA Checklist evidencing the search process;
•Target deadline for response;
•A single, pdf document with all transparent redactions indicating the exemption(s) used for each proposed redaction.
Name 3 types of records that are covered by FOIA:
•Documents or records created or obtained by the agency and under agency control
•Program specific data bases
•Paper & electronic files (includes hard-drives, laptops, flash drives).
•Teams Chat.
•Desktop and Outlook calendars.
•Email messages on HUD and personal devices used for HUD business.
•Text Messages on HUD and personal mobile devices used for HUD business.
Name 2 scenarios in which interim responses should be considered
* Voluminous requests
* Requests requiring submitter notification
* Requests involving multiple HUD offices.
* Requests involving eDiscovery searches.
What records fall under exemption 7?
records or information compiled for law enforcement purposes under certain circumstances
Who is responsible for preparing submitter notification letters, interim release letters, final response letters; fully signed concurrence sheet?
The assigned program office