Exhibit A. Mr. Edelman then filed a second appeal of the response, which SEC Glomar acknowledged on June 3, 2014. . In response to three of the appeals, the SEC’s Office of General Counsel on April 30, 2014, remanded the requests to the responsible agency official. Remands were made with respect to the requests for communications with ESRT (No. 14-03043), communications regarding the ESBA Sublease (No. 14-03257), and submissions received from ESRT deemed confidential (No. 14-03398). No further response from SEC has been received regarding the three requests remanded on April 30, 2014, and more than twenty days has run since the remands were made. With respect to the request for communications between the SEC and other government offices (No. 14-06652), the SEC General Counsel on June 3, 2014, acknowledged that the failure to timely respond constituted a denial of the request, and indicated that he had instructed the FOIA Officer to process the request as expeditiously as possible. With respect to the second appeal of the response, the SEC General Counsel Glomar issued a remand on July 2, 2014. Action in response to the remand has not yet been taken. CAUSE OF ACTION Plaintiff realleges paragraphs 1-27. The FOIA is a broad public disclosure statute. Agencies are directed to implement the FOIA by publishing certain types of records. They are also directed to adopt regulations describing the information they maintain and providing procedures for the public to access their records. Section 552(a) of the FOIA requires government agencies to promptly make available to any person upon request the records it maintains, unless the agency finds that the requested information falls into one or more of the nine exemptions listed in Section 552(b) of the Act.
Exhibit A. Mr. Edelman then filed a second appeal of the Glomar response, which SEC acknowledged on June 3, 2014. . In response to three of the appeals, the SEC’s Office of General Counsel on April 30, 2014, remanded the requests to the responsible agency official. Remands were made with respect to the requests for communications with ESRT (No. 14-03043), communications regarding the ESBA Sublease (No. 14-03257), and submissions received from ESRT deemed confidential (No. 14-03398). No further response from SEC has been received regarding the three requests remanded on April 30, 2014, and more than twenty days has run since the remands were made. With respect to the request for communications between the SEC and other government offices (No. 14-06652), the SEC General Counsel on June 3, 2014, acknowledged that the failure to timely respond constituted a denial of the request, and indicated that he had instructed the FOIA Officer to process the request as expeditiously as possible. With respect to the second appeal of the Glomar response, the SEC General Counsel issued a remand on July 2, 2014. Action in response to the remand has not yet been taken. CAUSE OF ACTION Plaintiff realleges paragraphs 1-27. The FOIA is a broad public disclosure statute. Agencies are directed to implement the FOIA by publishing certain types of records. They are also directed to adopt regulations describing the information they maintain and providing procedures for the public to access their records. Section 552(a) of the FOIA requires government agencies to promptly make available to any person upon request the records it maintains, unless the agency finds that the requested information falls into one or more of the nine exemptions listed in Section 552(b) of the Act.
complaint-edelman_v_sec-final.docx