Preparing For Full-Scale Litigation Against USCG Court System, MLAA Files Appeal of Court’s Most Recent Attempt to Violate the FOIA and Illegally Withhold Mariner Sexual Misconduct Case Files
Maritime Legal Aid & Advocacy, Ltd.
May 18, 2022
VIA E-MAIL to “EFOIA@uscg.mil”
Re: FOIA Appeal (USCG ALJ): FOIA 2021-CGFO-02053
Dear FOIA Coordinator:
This letter constitutes an Appeal under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted to the United States Coast Guard (“USCG”) by Maritime Legal Aid & Advocacy, Ltd. (“MLAA”).
MLAA is appealing the determinations of Lauren S. Staiti of the USCG Office of the Chief Administrative Law Judge, described in Staiti’s FOIA Final Response Letter dated May 2, 2022, concerning FOIA Request 2020-CGFO-01886 and Interim FOIA Appeal 2021-CGFO-02053.
Background:
MLAA is a registered 501(c)(3) non-profit organization fighting for the human rights of seafarers and fighting to make the maritime industry safe for everyone. MLAA seeks to change the culture of the U.S. maritime industry afloat and protect mariners from shipboard sexual violence by forcing the USCG to take seriously the issue of sexual harassment and sexual assault at sea aboard USCG-documented vessels.
MLAA’s principal place of business is in New York.
Bases of Appeal:
The USCG Office of the Chief Administrative Law Judge (“ALJ”) has NOT conducted a thorough search of its records in order to demonstrate beyond material doubt that its searches for documents responsive to MLAA’s FOIA Request 2020-CGFO-01886 and MLAA’s Interim Appeal FOIA 2021-CGFO-02053 were reasonably calculated to uncover all relevant records.
MLAA possesses irrefutable proof that the ALJ has not conducted a legally adequate search of its records, because MLAA is in possession of records originating from the ALJ that are responsive to FOIA Request 2020-CGFO-01886 and Interim Appeal FOIA 2021-CGFO-02053 that were obtained independently of the FOIA process, and which are clearly records responsive to our FOIA Request and Interim Appeal. However, these FOIA-independent records responsive to our records requests were not delivered to MLAA along with Ms. Staiti’s Final Determination Letter.
Therefore, MLAA appeals the Final Determination of Lauren Staiti on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG Office of the Chief Administrative Law Judge, and on the grounds that the ALJ has not conducted an adequate search of its records.
Ms. Staiti misstated Appeal Item #1, and therefore failed to provide a large number of records sought under Appeal Item #1, which states:
Appeal #1:
MLAA appeals the USCG's failure to provide documents responsive to our FOIA request held by the USCG ALJ Program, including not only all final orders and opinions in S&R cases involving sexual misconduct by credentialed mariners since 1989, but also failure to provide MLAA with all documents, filings, exhibits, evidence, and other documents connected to each sexual misconduct case.
33 CFR § 20.903 “Records of proceedings,” states:
(a) The transcript of testimony at the hearing, all exhibits received into evidence, any items marked as exhibits and not received into evidence, all motions, all applications, all requests, and all rulings constitute the official record of a proceeding. This record also includes any motions or other matters regarding the disqualification of the ALJ.
(b) Any person may examine the record of a proceeding at the U. S. Coast Guard Administrative Law Judge Docketing Center; Room 412; 40 S. Gay Street; Baltimore, MD 21201–4022. Any person may obtain a copy of part or all of the record after payment of reasonable costs for duplicating it in accordance with 49 CFR part 7.
Accordingly, the entire record of each case should be within the possession of the ALJ Docketing Center as required by law, and this complete case record in all sexual misconduct S&R cases initiated since 1989 should be provided to MLAA pursuant to the FOIA.”
Therefore, MLAA appeals the Final Determination of Lauren Staiti and appeals Staiti’s failure to provide MLAA with the complete Records of Proceedings and complete case files for all cases involving credentialed-mariner sexual misconduct allegations since 1989, on the grounds that records or parts of records responsive to our request have been improperly withheld by the USCG Office of the Chief Administrative Law Judge, and on the grounds that the ALJ has not conducted an adequate search of its records.
New Narrowed Scope of Records and Data Requested from the USCG Office of the Chief Administrative Law Judge:
On May 13, 2022, MLAA sent a letter to the USCG FOIA Coordinator that sought to dramatically narrow and clarify the scope of FOIA Request 2020-CGFO-01886 and FOIA Interim Appeal 2021-CGFO-02053. With respect to records requested from the USCG Office of the Chief Administrative Law Judge, MLAA’s narrowed and clarified FOIA Request seeks only the following records:
“All complete case files and All Related Records for all mariner “Suspension & Revocation” cases that involved allegations of sexual misconduct committed by a USCG-credentialed mariner, since 46 U.S. Code § 10104 was added to the United States Code in 1990. “All Related Records” includes records from cases that were “docketed” as well as cases that were not “docketed” and includes all “Consent Orders” and “Settlement Agreements” between the USCG and credentialed mariners related to allegations of sexual misconduct, including for shipboard sexual misconduct as well as sexual misconduct discovered during safety and suitability investigations or flagged during background checks.”
Conclusion:
Thank you for your consideration of this FOIA Appeal. For questions regarding this request I can be contacted via email at help at maritimelegalaid dot com.
Respectfully Submitted,
J. Ryan Melogy
Chief Legal Officer
Maritime Legal Aid & Advocacy