You are here

FIA-13-0041 - In the Matter of DeShonne E. Massey, Sr.

On July17, 2013, OHA issued a decision granting, in part, an appeal (Appeal) from a FOIA determination issued by the Office of Health, Safety and Security (HSS).  The Appellant had filed a FOIA request seeking copies of any and all records that contain the time of arrival and/or departure of a named OHA employee at the FOHO gym located in the DOE Forrestal Building, from August 2007 to the present.  In its response, HSS stated that after conducting a search of its files, HSS did not locate any responsive documents.  The Appellant contested the adequacy of the search conducted in response to Appellant’s request.  Upon review of a description of the search conducted by HSS, OHA determined that HSS conducted a search reasonably calculated to find responsive documents.  Further, OHA concluded that any records kept by FOHO are not agency records for purposes of the FOIA, and therefore are not subject to disclosure under FOIA.  However, OHA noted that in the FOIA request, the Appellant requested that DOE check all systems of records, including those in possession of the named employee, who works in OHA.  OHA concluded that the search should have been assigned to OHA, in addition to HSS.  Accordingly, OHA granted the Appeal to the extent that it remanded the matter back to OIR with directions that OIR assign the request to OHA for OHA to conduct a search for responsive records, and that OIR then issue a new determination with respect to OHA’s search.