PY Residents also submitted a FOIA request to WMATA officials under their Public Access to Records and Privacy Policy (PARP). Below is the chain of emails copied for your information.
PARP Request No. 18-0108 Potomac Yard Metro Project FQ16146 Solicitation & Design Changes
This acknowledges your May 15, 2018, Public Access to Records Policy (PARP) request for Washington Metropolitan Area Transit Authority (WMATA) records regarding the Potomac Yard Metrorail Station Project. Specifically, you requested the following records:
- Information related to the WMATA RFP Solicitation for the Potomac Yard Metrorail Station Project;
- Information about the design changes made by the City of Alexandria; and
- If there was a second RFP issued for the Potomac Yard Metrorail Station, a copy or link to that document.
Your request is being processed pursuant to the PARP, which is available online at http://www.wmata.com/about/records.
Clarification is Required for Part 1 and Part 2 of Your Request
Please be advised that Part 1 and Part 2 of your request are overly broad and vague, as they do not describe with precision the records you are seeking. Requesting “information” without specifying the types of information does not provide sufficient detail for WMATA to perform a targeted and efficient records search.[1] Courts have consistently denied such “broad [and] vague” requests, holding that requesters “must frame requests with sufficient particularity . . . to determine precisely what records are being requested.”[2] Moreover, PARP § 7.5 requires requesters to “describe the records that are being requested in sufficient detail to enable WMATA to locate them with a reasonable amount of effort.”
Accordingly, WMATA asks that you clarify the types of information you are seeking in your request. Please clarify within 10 business days – i.e., by Wednesday, June 13, 2018 – or Part 1 and Part 2 of your request will be closed.
Although we are not yet able to provide any responsive records, we can impart the following general information regarding your request:
Time Period for Processing Requests
WMATA generally aims to respond to a request for records within 20 business days following receipt of the request. However, additional processing time is required for requests that require the retrieval and review of video recordings or that prove to be otherwise complex. Additionally, requests are generally processed in the order they are received.
Exemptions
The PARP provides exemptions for certain types of data, including: (1) information that could compromise WMATA infrastructure or security; (2) information that is solely related to the internal personnel rules and practices; (3) information that is exempt by statute; (4) proprietary commercial or financial information; (5) internal deliberations on policy matters or attorney-client privileged communications; (6) information that, if released, would cause a clearly unwarranted invasion of personal privacy; (7) certain information compiled for law enforcement purposes; (8) registered SmarTrip® information; and (9) customer financial information. Generally, WMATA’s response will not include any exempt information.
Processing Fees
The PARP also provides for the assessment of fees associated with a request that requires more than two hours of staff time to process. These fees are calculated at the employees’ basic rate of pay, plus an additional 50 percent to cover benefits, for the time spent responding to a request. In general, a request is considered an agreement to pay all applicable fees. Advance payment is required where the fees are likely to exceed $250. Should this request generate fees in excess of $250, we will inform you and require prepayment before we process the request.
Appeal Rights
If you wish to appeal WMATA’s decision, in accordance with PARP § 9.1, you may file a written appeal of the action with the Chief of External Relations, Barbara Richardson, within 30 business days of the date of this decision letter. Further details about our appeals process can be found on our website.
Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any substantive legal questions, please contact John Michel at JHMichel@wmata.com or 202-962-5091. With respect to any administrative questions, please contact me at 202-962-2569 orRDNoh@wmata.com.
Sincerely,
Privacy Paralegal – WMATA
Response to WMATA on May 30, 2018
|
||
WMATA Response on June 6, 2018
This is in response to your May 15, 2018, Public Access to Records Policy (PARP) request for Washington Metropolitan Area Transit Authority (WMATA) records regarding the Potomac Yard Metrorail Station Project. Specifically, you requested the following records:
- Information related to the WMATA RFP Solicitation for the Potomac Yard Metrorail Station Project;
- Information about the design changes made by the City of Alexandria; and
- If there was a second RFP issued for the Potomac Yard Metrorail Station, a copy or link to that document.
Your request is being processed pursuant to the PARP, which is available online at http://www.wmata.com/about/records.
Previous Decision
On May 30, 2018, WMATA informed you that Part 1 and Part 2 of your request were overly broad and vague, and required you to clarify the types of information you are seeking. On May 30, 2018, you amended Part 1 and Part 2 of your request to the following:
- Documents and emails regarding deliberations and the decision to amend the RFP with a descoped project rather than issuing a new RFP with the new scope; and
- Documents and emails regarding the consideration of alternatives to descoping the project, along with documents and emails confirming WMATA’s interpretation that the descoping of the project was confidential information under the confidentiality agreements signed by officials of the City of Alexandria.
Current Partial Decision – Keywords Required for Email Search:
To conduct a search for email records, as requested in both Parts 1 and 2 of your amended request, WMATA requires the requester to provide the specific keywords to be searched, as well as the timeframe to search. Please provide a list of keywords, and the timeframe, for our email search within 10 business days, by Wednesday, June 20, 2018. If you do not provide keywords and the timeframe by June 20, 2018, we will be unable to search for email records, and will only proceed with the remainder of your request.
Additionally, please be advised that requests are processed in the order that they are received.
Appeal Rights
If you wish to appeal WMATA’s decision, in accordance with PARP § 9.1, you may file a written appeal of the action with the Chief of External Relations, Barbara Richardson, within 30 business days of the date of this decision letter. Further details about our appeals process can be found on our website.
Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any substantive legal questions, please contact John Michel atJHMichel@wmata.com or 202-962-5091. With respect to any administrative questions, please contact me at 202-962-2569 or RDNoh@wmata.com.
Sincerely,
Privacy Paralegal — WMATA
Response to WMATA on June 6, 2018
Dear —
Thanks for follow up on my request for information related to these WMATA documents. Responding to your email in which you ask me to further clarify Parts 1 and 2 of my amended request, please find below a list of keywords that I would like to be searched for in this request. With respect to the timeline, please use March 1, 2017 as the start date up through June 6, 2018 or the the date of search.
“FQ16146”
“Potomac Yard”
Thanks again and I look forward to receiving these documents/information soon.
Concerned Residents of Potomac Yard 