FREEDOM
OF INFORMATION ACT (FOIA) APPEALS WITHIN THE OFFICE OF THE GENERAL COUNSEL,
DEPARTMENT OF THE NAVY
Department
of the Navy
FOIA appellate authorities
Under the implementing Navy
regulation, SECNAVINST 5720.42F, the General Counsel and the Judge Advocate
General serve as the final appellate authorities for administrative FOIA appeals
(from denials of initial requests) in their respective areas of cognizance:
•Office
of the General Counsel (OGC) includes
Business & Commercial law aspects of acquisition;
military sealift; civilian personnel; comptroller; information systems;
intellectual property; foreign military sales; and environmental matters.
Within OGC, the focal point for
FOIA/Privacy Act appeals is Theodore F. Fredman, Assistant to the General
Counsel (FOIA/PIO), 720 Kennon Street S.E., Room 214, Washington Navy Yard, D.C.
20374-5012. Phone: (202) 685-6939. Fax (202) 685-6957. Internet: fredman.ted@hq.navy.mil.
•Office
of the Judge Advocate General (NJAG), in
addition to military matters, all matters excepting those falling under OGC.
Within JAG, the focal point for
FOIA appeals is NJAG Code 14 [Alicie Callaham (202) 685-5442 and LCOL Michael
Maher (202) 685-5398], 1322 Patterson Avenue S.E., Suite 3000, Building 33,
Washington Navy Yard, D.C. 20374-5066.
Although
there have been delegations of authority to the Principal Deputy General
Counsel, to the
Deputy General Counsel and to the Associate General Counsel (Management),
currently the Associate General Counsel (Management) decides most FOIA/Privacy
Act appeals within the cognizance of the General Counsel.
Steps in
Processing Appeals
•Within sixty (60) days
after receipt of an adverse determination under FOIA, the requester may appeal
the action to OGC.
•The Assistant to the
General Counsel acknowledges receipt of the appeal and tasks the cognizant naval
activity to provide a report within ten (10) working days.
•Based upon this report
and background documents contained in the file, the Assistant prepares a
memorandum for the appellate authority recommending disposition of the appeal
and encloses a proposed decision letter.
•FOIA requires appellate
decisions within twenty (20) working days.
1-202-685-7000