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3 February 2003
Susan K. White
Disclosure Specialist
Disclosure Office, Stop 4030
400 W. Bay Street, Suite 35045
Jacksonville, Florida 32202-4437
Subj: Appeal of Denial of FOIA and Privacy Act Requests
Dear Ms. White,
Thank you for your letter of 28 January, 2003, with a copy of a job description for "a" special agent. Please note that your responses so far have not been responsive to my requests.
First, you said that you had "previously responded to the Oaths of Office and provided copies of the job descriptions for a group manager and revenue agent" in your correspondence dated April 17th and August 28th.
However, all of the job descriptions that you sent (including the most recent, for a special agent) were "generic"--i.e., none of them were signed, as they are required to be, by the Immediate Supervisor. I request the specific job descriptions for each of the named agents, signed by his/her supervisor, as required.
In your letter of 17 April, 2002, you stated that providing a signed oath of office pursuant to my request could "reasonably be expected to constitute an unwarranted invasion of personal privacy," and that the data were "exempt under FOIA Section (b)(6) and (b)(7)(c)."
The Oath of Office is certainly a part of the Personnel File. However, it is not exempted by paragraphs (b)(6) and (b)(7)(c), as the disclosure of a signed copy of the oath certainly does not "constitute a clearly unwarranted invasion of personal privacy."
Determining whether any of these agents properly executed an oath of office is not an unwarranted invasion of personal privacy. In the Federal Crop Insurance Case (Incl 1), the Supreme Court warned the American Public that "anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority…."
I do not want to take that risk. In this regard, I request a copy of the signed oath of office by each of the previously named agents.
Furthermore, in my letter of 18 November, 2002, I requested a copy of my Individual Master File (IMF). Pursuant to the Privacy Act, I again request this document.
I am willing to pay for reasonable costs of searching, duplicating, and mailing these documents. My photo ID is on record with your office.
As provided for in the Act, I will expect to receive a reply within 20 working days.
If substantive responses are not received, I will Appeal.
Yours truly,
Ward Dean, M.D.
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26 December, 2002
Susan White
Disclosure Specialist
Disclosure Office, Stop 4030
400 W. Bay Street, Suite 35045
Jacksonville, Florida 32202-4437
Dear Ms. White,
Ref ltr, your office, dated December 17, 2002, signed by E. Leuthold, regarding my FOIA request dated November 18, 2002 (copy enclosed).
Pursuant to your "Freedom of Information Request Analysis Form," I herewith provide my social security number and photo ID, confirming my identity.
Thank you for your prompt attention to this matter,
Yours truly,
Ward Dean, M.D.
566-60-2485
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18 November, 2002
Susan White
Disclosure Specialist
Disclosure Office, Stop 4030
400 W. Bay Street, Suite 35045
Jacksonville, Florida 32202-4437
Dear Ms. White,
Pursuant to the Freedom of Information Act (FOIA), please send me copies of my Individual Master File (IMF) for Tax Years 1997-2001.
Also, please send me copies of the Oaths of Office of the following personnel in the Pensacola, Florida IRS office:
Group Manager Ted Poole (a.k.a. George Poole)
Revenue Agent Wayne Jackson
Special Agent Tanya Burgess
Finally, please send me copies of the official job descriptions of the above three IRS employees.
I am willing to pay reasonable search, production and mailing fees for these documents.
Thank you,
Yours truly,
Ward Dean, M.D.
--------------------------------------------------------------
20 March, 2002
Susan White
Disclosure Specialist
Disclosure Office, Stop 4030
400 W. Bay Street, Suite 35045
Jacksonville, Florida 32202-4437
Dear Ms. White,
Ref the letter from B.K. Ferris, signed by E. Leuthold, dated 1 March, 2002, regarding my Freedom of Information Act request, and my telephone call with you this morning. Thank you for providing the additional information regarding procedural requirements.
While I believe your requirement for proof of identity can be construed as an "unnecessary bureaucratic hurdle" which has "no place in the act's implementation," I will comply with what I believe is your unwarranted identification requirement in order to expedite this request.
Pursuant to the Freedom of Information Act, please let me know:
1. The IRS Badge Number of Mr. K. Steve Burgess, Area Director, in the Pensacola Office.
2. Job description of an IRS Group Manager.
3. Where I may obtain oaths of office of IRS agents? If they are available from your office, please send me copies of the oaths of office of Wayne Jackson, George "Ted" Poole, and K. Steve Burgess of the Pensacola office.
I will pay reasonable search and copying fees.
Thank you,
Yours truly,
Ward Dean, M.D.
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