EMAILS REQUESTING INFORMATION FROM NAS KEY WEST PERSONNEL
MAY 21, 2007
-----Original Message-----
From: Paul Caruso
Sent: Monday, May 21, 2007 11:37
To: Brooks, James E CIV CNRSE, N01PAO
Subject: NAS Key West Request for information
Hello Jim
Thank you for meeting with us on Friday to get some basic information
regarding the new AICUZ study map.
During that meeting, someone mentioned that someone from Monroe County
offices requested that Key Haven be removed from the flyover/ landing
patterns outlined in that 2007 AICUZ study map. This morning, I have
requested from the Monroe County legal department all correspondence
from any Monroe County employee relating to the 2007 AICUZ study map.
I would also like to formally request from NAS Key West the same
information (all correspondence from any Monroe County employee relating
to the 2007 AICUZ study map) from January 2005 to the date of the final
draft of the 2007 AICUZ study map.
If you require any special "request for information" forms for these
documents, please forward them to me.
On another subject, Friday afternoon two jets returning to base flew so
low over our house I checked for tire marks on our roof. Saturday, some
of your pilots ripped through our area setting off car alarms with the
vibration.
Please advise on my document request.
RESPONSE
Paul-
I passed your note over to our JAG officer here who handles information
requests. She said you will have to file a Freedom of Information Act
request and be as specific as possible.
The procedures for filing the request can be found at:
www.foia.navy.mil I just checked it out and it seems pretty
straightforward.
Jim
MAY 24, 2007
-------- Original Message --------
Subject: Information Request
Date: Thu, 24 May 2007 12:20:07 -0400
From: Paul Caruso
To: Brooks, James E CIV CNRSE, N01PAO <james.e.brooks@navy.mil>
<mailto:james.e.brooks@navy.mil>
Hello Jim
Can I get these questions answered (below) or should I file another FOIA
request?
Thanks
Paul
1. How many Navy personnel are stationed presently at NAS Key West?
2. Concerning the NAS Key West Marina, what is the yearly budget for
that facility?
3. What is the maximum amount of vessels that are allowed to utilize the
marina?
4. Concerning the NAS Key West Marina Restaurant, what is the yearly
budget for that facility?
5. Who is allowed to utilize both the Marina and Private Restaurant at
that facility?
6. What is the US Navy's projection (2006 - 2007) for revenues that are
infused into the Monroe County economy?
Jim
RESPONSE
Hi Paul,
I would definitely file the FOIA request for the $$ amounts that you are
asking about. As for the other questions, I would just need more
specifics from you - such as:
#1. Navy personnel only? As in active duty Sailors? Or are you
looking for all military active duty plus civilian employees? Also, are
you asking for just NAS employees or employees of other commands that
are based on our property?
#3. We have two marinas, but only one where boats can dock/moor. Is
that the one you are referring to? If so, it has 141 spots.
#5. Authorized patrons for docks/mooring are active duty and retired
military personnel. Authorized patrons of the neighboring restaurant
are the above plus DoD civilian employees, plus the escorted guests of
all these.
Hope this helps!
Trice Denny
Public Affairs Specialist
Naval Air Station Key West
305-293-2027
MAY 24, 2007
-----Original Message-----
From: Paul Caruso
To: Brooks, James E CIV CNRSE, N01PAO
CC: Denny, Andrea P CIV NAS Key West, N00P
Sent: Fri May 25 08:29:34 2007
Subject: Re: [Fwd: Information Request]
Hello Jim
I can't believe that boat owners information that occupy slips at the
NAS Key West Private Marina (that my tax dollars pay for) is considered
"security related". As far as my reason for requesting this
information, I see nothing in the FOIA that requires me to answer that
question. And, please define "authorized patrons".
Today, I will officially file for that information through the FOIA.
Thanks
Paul
RESPONSE
Paul-
.MWR marina is not operated under taxpayers money. Employees are non
approriated civilians. MWR facilities must be self sustaining.
Trice defined authorized patrons: active duty or retired military,
current civilian employees who work on base, and retired NAS key west
civilian employees
I say release of names poses a security risk because of who these
people are. They also have a reasonable right to privacy, your
request is akin to asking a private apt complex for a list of tenants.
I don't know of any business that would give you that.
You can file a FOIA for that info but it will be denied for privacy and
secuerity reasons. We will work with mwr on the other questions
JIm
Sent from Blackberry Wireless handheld
MAY 25, 2007
-----Original Message-----
From: Paul Caruso
Sent: Friday, May 25, 2007 12:08
To: Brooks, James E CIV CNRSE, N01PAO
Cc: Denny, Andrea P CIV NAS Key West, N00P
Subject: Re: [Fwd: Information Request]
Hello Jim
I located this Navy website
<http://usmilitary.about.com/library/milinfo/allhands/blnavymwr.htm>
<http://usmilitary.about.com/library/milinfo/allhands/blnavymwr.htm>
Which states the following (below)
Appropriated and non-appropriated funds form the financial base
for the Navy's MWR programs.
Congress appropriates funds as part of the annual federal budget
for the basic MWR needs of the military community.
Primary sources of non-appropriated funds are the profit dollars
from the Navy Exchange System, Ships' Stores Afloat and fees and charges
levied on the purchase of various foods and beverages, and for use of
recreation facilities or equipment.
>From what I can understand, if the Congress appropriates funds (tax
dollars) for the MWR, the information I am requesting falls under the
FOIA.
Please advise.
Thanks
Paul
RESPONSE
Paul-
>From the Chief of Naval Personnel Instruction, the specific SOP for
operating MWR facilities:
q. MWR Program. The MWR Program is the term used by the Navy to identify
recreation, social and child care activities administered by the Navy
Personnel Command (NAVPERSCOM) that are designed to provide essential
MWR mission support services, community support programs, business
activities' programs as well as programs that will effectively
contribute to the morale, well-being and quality of life (QOL) of Navy
personnel and their family members. MWR programs are vital to mission
accomplishment and form an integral part of the non-pay compensation
system. These programs provide a sense of community among patrons and
provide support services commonly furnished by other employers, or other
State and local governments to their employees and citizens. MWR
programs encourage positive individual values, and aid in recruitment
and
retention of personnel. They provide for the physical, cultural, and
social needs and general well-being of Navy members and their families,
providing community support systems that make Navy bases temporary
hometowns for a mobile Navy.
Legal Status of MWR Activities. MWR activities, as instrumentalities of
the U.S. Government, are entitled to the immunities and privileges
enjoyed by the Federal Government under the Constitution, established
principles of law and international treaties and agreements. MWR
activities are typically exempt from direct State and local taxes.
I also attached a pdf file of "authorized patrons" from the same manual.
I believe Jim sent you this link already, but just in case:
http://foia.navy.mil/. It gives you everything you need to file a FOIA
request.
Paul-
>From the FOIA site:
Home Addresses of Former Members:
We do not maintain home addresses of former members. Further, home
addresses cannot be released under FOIA since release would constitute
an unwarranted invasion of personal privacy.
http://foia.navy.mil/foia/commonlyrequested.asp
Thanks,
Trice
MAY 25, 2007
-----Original Message-----From: Paul Caruso
Sent: Friday, May 25, 2007 12:40
To: Denny, Andrea P CIV NAS Key West, N00P
Cc: Brooks, James E CIV CNRSE, N01PAO
Subject: Re: [Fwd: Information Request]
Hello Andrea
Thank you for the clarification. As it states..
"Legal Status of MWR Activities. MWR activities, as instrumentalities of
the U.S. Government, are entitled to the immunities and privileges
enjoyed by the Federal Government under the Constitution, established
principles of law and international treaties and agreements."
According to Jim Brooks' previous email, he states "MWR marina is not
operated under taxpayers money." My previous email details that
"Congress appropriates funds as part of the annual federal budget for
the basic MWR needs of the military community."
That seems to be a false statement and not a reason to deny my request
for at least the names and information on the vessels kept at MWR NAS
Key West. The Federal Government must comply with FOIA requests and MWR
being "instrumentalities of the U.S. Government" must abide by the same
rules.
Am I missing something here?
Thanks
Paul
RESPONSE
Paul,
The information on the vessels at the marina could be considered home
addresses and FOIA will not release that - according to their Web site.
I have copied our lawyer on this e-mail. If you want to get into the
legalities of the MWR, the Navy, and the U.S. Government, she is the
person you need to continue this part of the conversation with.
Just a side note: Base personnel (civilian and military) have a
three-day weekend this weekend for the Memorial Day holiday. After
today, if you need further assistance, you may want to wait until
Tuesday.
Thanks and remember to stop and reflect Monday on the sacrifices service
members have made for our freedom.
Trice
MAY 25, 2007
-----Original Message-----RESPONSE
From: Paul Caruso
Sent: Friday, May 25, 2007 14:12
To: Denny, Andrea P CIV NAS Key West, N00P
Cc: Brooks, James E CIV CNRSE, N01PAO; Gagliardo, Adrienne N LT RLSO SE;
Demes, Ron A CIV CNRSE, N02
Subject: Re: [Fwd: Information Request]
Hello Trice
I am not sure I understand. Now you are saying that the boats at MWR
NAS Key West are designated as homes?
Is Monroe County aware of these "homes"? Are they taxed as homes? Are
these vessels moored permanently at the MWR Marina?
According to the Navy MWR website, stays are limited to 2 weeks. How
come these boats never move?
Is this area a "Safe Haven" for the 141 Navy personnel lucky enough to
have their boats presently moored at that facility? What is so
mysterious about this marina that the public cannot be told?
I am not sure why everyone is so sensitive about these questions?
And in regard to your last comment, I was born on May 30th the "real"
memorial day and not the "shoppers" holiday and was brought up to
respect our servicemen. My father is a veteran of WW2. My brothers are
veterans of the Vietnam War. And I am physically disabled.
Please advise.
Thanks
Paul
Mr. Caruso,
Before we can even address your request, we need to receive it via
a formal FOIA request. As Ms. Denny advised you, there is certain
information that is exempted from disclosure. When we receive your
formal request, in the correct format, it will be thoroughly reviewed,
and the information not exempted from disclosure will be released to
you. If you need assistance on completing your request, please refer to
www.foia.navy.mil. In reviewing your e-mail chain, I will advise you
that some of the information it appears you are requesting is most
likely Privacy Act protected. For further inquiries in this matter, I
am your point of contact.
V/r LT Gagliardo
Staff Judge Advocate
Naval Air Station Key West Florida
JUNE 11, 2007
-----Original Message-----
From: Paul Caruso
Sent: Monday, June 11, 2007 13:56
To: Gagliardo, Adrienne N LT RLSO SE
Cc: Brooks, James E CIV CNRSE, N01PAO; Demes, Ron A CIV CNRSE, N02;
Denny, Andrea P CIV NAS Key West, N00P
Subject: Re: [Fwd: Information Request]
Hello Adrienne,
I have request certain documents concerning the NAS Key West AICUZ map
issued in 2007.
I submitted my request in writing on May 22, 2007 (see attached copy)
and have not received a response.
The request was sent to the address supplied on the web for such
requests.
FOIA REQUEST
Commanding Officer, NAS Key West
PO Box 9001
Key West, Florida 33040
Please advise.
Thanks
Paul
RESPONSE
Mr. Caruso,
Pursuant to Navy Instruction (see JAGMAN, Chapter V; SECNAVINST
5720.42; SECNAVINST 5820.8), we are required to respond to your FOIA
request within 20 working days from the day that the Command receives
it, excluding extensions. Your request was received by this Command on
25 May 2007. We are currently processing your request and gathering
those documents that are not exempted from disclosure. As you
acknowledged in your letter, there are costs associated with the man
hours and duplication fees. As requested, you will receive a written
estimate of those costs.
Respectfully,
LT Gagliardo
JUNE 15, 2007
To: Demes, Ron A CIV CNRSE, N02
Hello Ron
I have received and reviewed documents that I requested from Monroe
County regarding discussions relating to fly over changes to the 2004
NAS Key West AICUZ map. I have cross referenced the Monroe County
communications to the Key West Citizen's report dated April 29, 2007
and was hoping you could clarify some of the information attributed to
you.
1. Were you the Navy's primary contact person for Monroe County
personnel in regard to the 2007 AICUZ map changes?
2. Who was your Monroe County contact person?
3. Were you acting on your own in requesting the fly over changes or
were you directed to by any of the current or past NAS Key West's
Commanders or other NAS Key West's personnel or Navy Consultants?
4. Were you in direct contact with any NAS Key West consultants or
private contractors regarding the 2007 AICUZ map changes?
5. During the period that changes were requested by your office to the
NAS Key West 2007 AICUZ map,did you have any contact with any local developers,
agents of developers or other Key Haven residents regarding Monroe County's
request for the fly over changes?
Sincerely,
Paul
RESPONSE
NONE TO DATE
JUNE 20, 2007
Hello LT Gagliardo
Any update on my FOIA requests.
Please advise.
Paul
RESPONSE
Gagliardo, Adrienne N LT RLSO SE wrote:
Mr. Caruso,
Pursuant to Navy Instruction (see JAGMAN, Chapter V; SECNAVINST
5720.42; SECNAVINST 5820.8), we are required to respond to your FOIA
request within 20 working days from the day that the Command receives
it, excluding extensions. Your request was received by this Command on
25 May 2007. We are currently processing your request and gathering
those documents that are not exempted from disclosure. As you
acknowledged in your letter, there are costs associated with the man
hours and duplication fees. As requested, you will receive a written
estimate of those costs.
Respectfully,
LT Gagliardo
JUNE 21, 2007
Gagliardo, Adrienne N LT RLSO SE wrote:
Mr. Caruso,
I spoke with the Executive Officer, CDR Giardino, this morning in
regards to his meeting with you last night. He indicated that you had
some concerns over the processing of your FOIA request, and I just
wanted to reassure you that we are processing and researching all three
of your requests in a timely manner. As aforementioned, in our previous
e-mail correspondence, your request dated 22 May 2007, was received by
this Command on 25 May 2007. Pursuant to JAGMAN, Chapter V, SECNAVINST
5720.42, and SECNAVINST 5820.8, we are required to provide a response as
to the status of your request within 20 working days of our receipt of
your request. In order to complete an adequate and thorough response to
your request for all written or electronic correspondence between NAS
Key West, Monroe County, and outside consulting firms in regards to the
2007 AICUZ study map, we are requesting an informal extension of 40 days
from 25 June 2007. Your FOIA requests dated 24 May 2007 and 25 May 2007
were both received by this Command on 31 May 2007 and you should expect
that the responses to those requests will be mailed from this Command by
28 June 2007. Please feel free to contact me if you have any additional
questions or concerns.
Respectfully,
LT Adrienne Gagliardo
RESPONSE
Hello LT Gagliardo
Thank you for the update but I feel that the extension is unnecessary
and unacceptable.
Are you saying that you need 40 additional days just to "respond" to my
request? Or, will I receive the requested documents in 40 days?
I received Monroe County's files last week totaling no more than 35-40
emails.
In your preliminary investigation, did you find more than 40 emails or
documents to Monroe County?
Are you able to supply me with any part of the requested documents now?
Thanks
Paul
JUNE 21, 2007
-----Original Message-----
From: Paul Caruso
Sent: Thursday, June 21, 2007 14:01
To: Gagliardo, Adrienne N LT RLSO SE
Cc: Giardino, Michael CDR NAS Key West, N00; LISKE, HANS CDR CNRSE,
N031; Demes, Ron A CIV CNRSE, N02; Brooks, James E CIV CNRSE, N01PAO
Subject: Navy Environmental Impact Statement
Hello LT Gagliardo
Can you tell me when the Navy completed their latest Environmental
Impact Statement regarding the use of the F18 Super Hornet fighters here
at NAS Key West?
And, can you refer me to an online copy ot that document?
Thanks
Paul
RESPONSE
Mr. Caruso,
You need to put your request in the form of a formal FOIA request.
Please refer to http://www.foia.navy.mil for instructions on completing
said request. Please feel free to contact me if you have any additional
questions or concerns.
Respectfully,
LT Adrienne Gagliardo
JUNE 21, 2007
Hello LT Gagliardo,
Can I get an update on this email sent yesterday?
Thanks
Paul
RESPONSE
Mr. Caruso,
A written correspondence with regards to your request will be mailed
by this Command no later than 25 June 2007. You should expect to
receive it in the mail by the middle of next week. Please let me know
if you have not received a letter by next Friday.
R/LT Adrienne Gagliardo
Note: to see this letter
JUNE 25, 2007
-----Original Message-----
From: Paul Caruso
Sent: Monday, June 25, 2007 13:42
To: Brooks, James E CIV CNRSE, N01PAO
Subject: Question
Hello Jim
I hope you enjoyed your time off this weekend.
I have one question that I hope you can help me with.
In the Keynoter 4-27-07 article you were quoted as saying that "one
third of all Key West salaries are military payroll."
Can you tell me what information you referenced to support that
statement?
Thanks
Paul
RESPONSE
Paul-
That's actually a misquote. One third of all salaries in Key West is
connected to the Federal government (which includes post office, FBI,
Homeland Security, military retirees etc.)
One third comes from the number of military personnel and assigned
civilians/contractors (about 4000) and the remaining Federal govt.
Total military presence, including family members is approx 8900. When
you compare that to the stated population of Key West, (approx 24,000)
that's where we get the statement that approx one third of the
population is connected to a federal payroll. I think military pay
rolls come close to the 1/3 figure, alone, but I only have populations
figures.
The Navy is the largest employer in Key West. I believe Lower Keys
Medical Center is the largest commercial employer.
JUNE 27, 2007
Hello Lt Gagliardo,
I received your letter this afternoon and found it quite unusual and upsetting. I still find your delay unacceptable and
unresponsive to my FOIA requests. I can now see that this situation has become adversarial on the Navy's part despite
my willingness to just get simple, honest answers to my questions regarding the 2004 AICUZ map changes.
It is amazing to me that you "need time to search for, collect, and examine a substantial amount of responsive records" and yet
you can come up with a monetary charge for those number of records you have not searched for. Is this the "NAVY WAY" of stalling
any FOIA request for documents by U.S. Citizens? Or is the NAS Key West stalling for time to utilize "reverse engineering" techniques
to generate answers to my simple questions.
Am I to assume that I will receive future letters, as the one I received today, in regard to my other FOIA requests? Or does this
letter cover those requests also? I would appreciate a timely response.
Also I would appreciate a response to my letter dated June 22, 2007 regarding the "FOIA Fee Waiver".
Regards
Paul S. Caruso
RESPONSE
Note: to see this letter