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Preserved request language
Freedom of Information Act Request
Subject: Comprehensive FOIA Request for Records on OSC Cases Related to Office of the Special Counsel. DI-25-000310 DI-25-000325 DI-25-000379
To:
FOIA Officer
Office of the Special Counsel (OSC)
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, I hereby request the following records:
1. Comprehensive Records on Specified Cases
Complete documentation, communications, and records related to the following cases:
David Medeiros (DI) - Case Open Dates:
November 27, 2024, 7:36 AM – Case Status: Duplicate/Add'l Info
November 28, 2024, 11:13 AM – Case Status: Duplicate/Add'l Info
December 2, 2024, 8:00 AM – Case Status: Duplicate/Add'l Info
December 3, 2024, 2:30 PM – Case Status: Duplicate/Add'l Info
December 5, 2024, 9:11 AM – Case Status: Duplicate/Add'l Info
December 6, 2024, 12:33 PM – Case Status: Duplicate/Add'l Info
December 7, 2024, 5:53 AM – Case Status: Duplicate/Add'l Info
Case Numbers and Related Details:
DI-25-000310: Closed as of November 25, 2024
DI-25-000325: Closed as of November 27, 2024
DI-25-000379: Closed as of December 9, 2024
Pattern of Non-Compliance by the Office of Special Counsel (OSC)
I must emphasize that the OSC has repeatedly and willfully failed to comply with clearly outlined ADA accommodation requests, including:
Failure to Identify FOIA Officers: OSC has continually failed to disclose the names, titles, and roles of FOIA officers and decision-makers responsible for processing previous requests. This omission is concerning and raises significant issues regarding transparency, accountability, and compliance with FOIA mandates.
These repeated failures directly violate the Americans with Disabilities Act (ADA), Rehabilitation Act, and FOIA transparency requirements. It is imperative that the OSC address these concerns immediately and provide the requested accommodations without further obstruction.
2. Records to Include
Case Files: All records related to OSC’s review, processing, and closure of the above cases.
Correspondence: Internal and external communications (emails, directives, meeting notes) involving OSC personnel handling these cases.
Rationale for Case Status: Specific records detailing the decisions to mark cases as "Duplicate/Add'l Info" or to close them, with supporting documentation.
Referrals: Any communications or referrals made to other agencies concerning these cases.
Timeframe
This request covers records from November 1, 2024, to the present to ensure comprehensive inclusion of all case-related materials.
ADA Compliance
I require all records to be provided in compliance with the Americans with Disabilities Act (ADA). Please ensure:
Communication via MuckRock Platform:
All responses, updates, and records must be delivered exclusively via Muckrock. No physical mail, phone calls, external links, passwords or portal-based responses.
Direct Text in Email Body:
Provide summarized responses directly in the email body for accessibility.
Screen-Reader-Compatible PDFs:
Attachments must be clearly labeled, properly formatted, and fully accessible.
Simplified Summaries:
Include plain-language summaries for complex or technical records to aid comprehension.
Legal Basis for Request
1. FOIA Compliance (5 U.S.C. § 552)
FOIA mandates full and timely disclosure of requested records unless exemptions explicitly apply.
Any redactions or withholdings must include detailed statutory citations (5 U.S.C. § 552(b)) and clear explanations.
2. ADA Compliance (42 U.S.C. § 12132; 28 C.F.R. § 35.160)
Public entities must ensure effective communication with individuals with disabilities. Accessible document formatting and accommodations are legally required.
3. Whistleblower Protection
As the cases directly involve whistleblower disclosures and protections, prompt access to these records is critical to ensure transparency and accountability under 5 U.S.C. § 2302(b)(8).
Fee Waiver Request
This request is not for commercial purposes. I request a waiver of all fees under 5 U.S.C. § 552(a)(4)(A)(iii), as disclosure of these records serves the public interest in promoting transparency, whistleblower protection, and ADA compliance.
Expedited Processing Request
Expedited processing is requested under 5 U.S.C. § 552(a)(6)(E) based on:
Significant Public Interest: The implications for systemic accountability and whistleblower protections.
Urgency: Timely transparency is necessary to address ongoing ADA compliance concerns and retaliation claims.
Identification of Personnel
Please include the names, titles, and roles of all FOIA officers, decision-makers, and supervisory personnel involved in processing this request for transparency and accountability.
Delivery and Response
Acknowledge receipt of this request within five (5) business days.
Provide requested records within the statutory timeframe.
For any denials or partial redactions, include detailed justifications, appeal instructions, and the name of the reviewing authority.
Consequences of Non-Compliance
Failure to comply with FOIA or ADA requirements may result in:
Administrative Oversight: Filing of formal complaints with the Office of Government Information Services (OGIS).
Legal Action: Pursuit of remedies under 5 U.S.C. § 552(a)(4)(B) and 42 U.S.C. § 12133.
Public Advocacy: Escalation through media and public channels to ensure accountability.
Sincerely,
David Medeiros
Founder, ABI Resources, LLC
DB.42.131.Inf.