U.S. Department of Justice Civil Rights Division Freedom of Information/Privacy Acts Branch - BICN 17-00393-F 950 Pennsylvania Ave., NW Washington, DC 20530 November 14, 2017 Mr. Charles Savage The New York Times 1627 I St N.W., 7th Floor Washington, DC 20006 Savage@nytimes.com Dear Mr. Savage: This is in further response to your Freedom of Information Act request dated August 10, 2017, in which you requested records that relate to communications concerning university affirmative action admissions practices and policies; emails or memos pertaining to the Civil Rights Division detail opportunity to work on investigations related to intentional race-based discrimination in college and university admissions; and résumés submitted by Justice Department employees applying for detail opportunity No. 17-CRT-DTL-012. Enclosed you will find a copy of the Civil Rights Division’s detail opportunity announcement and a copy of the résumés of the two successful candidates. After consideration of the subject matter of your request, I have determined that records you have requested related to investigations of admissions policies are exempt from disclosure pursuant to 5 U.S.C. § 552(b)(7)(A), which concerns records or information compiled for law enforcement purposes the release of which could reasonably be expected to interfere with enforcement proceedings. This denial of access should not be interpreted to suggest that the Civil Rights Division maintains records related to each item on the list of keyword search terms included in your request. To either confirm or deny the existence of every detail within the request related to “admissions practices” could reasonably be expected to in interfere with active enforcement proceedings and should therefore be denied pursuant to 5 U.S.C. § 552(b)(7)(A). Additionally, certain information within these records is also exempt pursuant to 5 U.S.C. § 552(b)(5), which concerns certain inter- and intra-agency communications protected by the deliberative process privilege and the attorney work-product privilege. I have further determined that access to the résumés of the unsuccessful candidates and the personal information within the resumes of the successful candidates should be denied pursuant to 5 U.S.C. § 552(b)(6) since disclosure thereof would constitute an unwarranted invasion of personal privacy. You may contact our FOIA Public Liaison, April Freeman, for any further assistance and to discuss any aspect of your request at: 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Ph: (202) 514-4210 Email: April.Freeman@usdoj.gov Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1877-684-6448; or facsimile at 202-741-5769. If you are not satisfied with the Civil Rights Division’s determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following website: https://foiaonline.regulations.gov/foia/ action/public/home . Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal." Sincerely, Nelson D. Hermilla Nelson D. Hermilla, Chief Freedom of Information/Privacy Acts Branch Civil Rights Division Detail Opportunity Office of the Assistant Attorney General Announcement Number: 17-CRT-DTL 012 The Civil Rights Division (Division) seeks attorney detailees to work with the Of?ce of the Assistant Attorney General (OAAG) on investigations and possible litigation lelated to intentional race-based discrimination' 1n college and university admissions. This detail opportunity 1s limited to Division employees who currently serve in attorney positions The successml candidate must be an enema}! with excellent written and ciai skills, demonstrated litigation experience, exceptional interpersonal skills demonstrated espei 1ence we tiring collaboratively with management and line staff, and superlative professional judgment. Internsted candidates should be available to start the detail within two weeks of selection We encourage all interested atto1 neys to fer this position. If you are interested' 111 this detail, please consult the Division? 11 detail policy at http: f/myeltlhuntan to con?rm that you are eligible for a detail within the Division The requirement for employees to be 1n hisfher section for two or mole continuous years has been waived. All other detail rules will apply. Individuals interested 1n this detail Opportunity should submit a resume and your most recent performance appraisal to CRD yacanciesr?ri) ,usdo1. gov 1.1110 later than August: 9, 2017. Application packages sent via email should reference the announcement number' the subject of the email. Selections will be made based on the candidate 5 qualifications. Consideration will also be given to staffing needs of particular Sections; all selections will require Section Chief approval. For additional information on details within the Division, please contact Diane Turner or {Delici'a Taylor (202) 5143934. Equal Employment Opportunitv: The U. S. Department oi Justice is an Equal OppmtunityrReasonahle Aceommo dauon Employer. Except where otherwiSc provided by law, there will be no discrimination because of color, race, religion, national origin, political af?liation, marital status, disability (physical orlnental], age,se11, gender identity, sexual orientation, genetic inibrtnation, status as a parent, membership or non?membership in an employee organization, on the basis of personal tavoritis1n,.or any other non~me1it factor. We - welcome and encourage applications ftom persons with physical and mental disabilities. We are ?rmly committed to satisfying our atlinnative obligations node the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to he hired and advanced on the heels of merit within the Department of Justice. Reasonable Accommodations: 'l'he Division provides reasonable accommo dation to applicants . with disabilities where appropriate. if you need a reasonable aeoomrno 111111011 for any' part of the application and selection process, please noti?, Disability Program Manager Dretelt Orr at (202) 3076165. Determinations on requests for reasonable accommodation will be made on a case~by~case basis . - . Pram: Taylor, Sent: - WedneSday, October 25, 2017.7:09 AM To: . Taylor. Delicia Subject: . Attachments: . Donnelly Peri Appraisal 17- CRT DTL- 012pdf; Donn'eIIy Resume 17 CRT 012 7- 26 1T1.;pdf FunkP ion as me 8 .9 pdf; Funk Pinion Ratinq- 2015K: 2016 pdf:j WHO 1 Rating. [3de (WW3) i'esumeishldef 2015 2016 Performance Appraisal. pdf?zl .Resurne4.docx - Last 1312:3113, nesmm .- Room 321 6 BICN Building Direct: 2025140292 Office: 303-514.3934 From: Tavior', Deiicia Sent: Thursday, August 10 2017 3 .26 PM To: Tuwmev, Kathleen (CRT) ; Turner Diane (CRT) ; Tu rner, Diane wrote: p? Yes} we have two applicants [names prnvided belon). The announcement closes tomorrIow PieasIe let me know if you want the open periodI extended. ?il Thanks, r: . .3 Belicia 2) Room 3-216 BICN Building Direct: 202-514~0292 ?9 Office; 2025146934 2: 35 . _--?-n0rlginal Message~~?~?- 12? From: Tourney, Kathleen (CRT) Sent: Tuesday," August a, 2017 2:54 PM To:ITaylor-, Deiic'ia (CRT) Cc: Guzman, Antonio (CRT) Subject: Front Office detail I I Belicia, Has anyone appiied for the Fronmffice detail? When does it Close? - Thaw-:5, Kathi) i - - . Sent from my iPhnne (bli?i (CRT) Cn'mpleted http: ?Invert/human Thank so much. (W5) Web Master Civil Rights Divisiun Direct Di a1: (W5) Taylor, Belicia (CRT) -59 To: RE: Detall to FrontOiflcei? Race? Basted Discrimination CRT- --DTL 012 From: Sent: Wednesday, u'y 26 201? 9:20 AM To: . Taylor, Belicia Subje?ct: Fallow Uri Flag: Follow up: I I Flag. Status: Flagged Ii lill'U 3'8 (bli?i art usdnj. gm:- Subject: Detail to Front Office. Race- Baged Discrimination DTL 012 Please 130551: to the CRT insider etaii Page. - - (Iowa) From: - (CRT) - . Sent: . Wednesday, July 26, 201? 9:14 AM To: Taylor; Dllicia (CRT) Subject: . RE: Detail to Front Office Rate-Based Discrimihatioh Follow Up Flag: 9 Follow up Flag Status: Flagged - f??jiease send me ihejob title forthis posting I Thankso much" in 6 i mm {1.3 Web Master. . Civil Rights Ii?i?iSiO? Direct Dial: (W5) From: Ta'ylor, De'lic'ia . . . 5 Sent: Wednesday, July 26, 2017 8:57 AM a? To; . . Subject: Detaii to Front Office - Race-Based Discrimination Pl?ase [Just ti} the-CRT insider ?l)eta[i P?age? From: Kelley. Beth (CRT) Sent: . - . Wednesday, July 26 20W 44 AM TO: Guzman. Antonie Toerney, Kathleen (CRT) Cc: Howe. Suey Gore, John Tayior, Delicia (CRTT Subject: RE: Detail Ad Follew-Up Flag: Fellow up Flag Status: Flagged Thank yeul- Beth C. Kelley - . . Senior Counsel Office of the Assistant Attorney General for the Civil Rights Division United States Department efJuet-lee 95!} Ave, NW. Washington, DC 20530 (202) Frem: Guzman Antonie (CRT) SentIWedI1esdav,JulI,r26 2017 8:40 AM To: Keiley, Beth (CRT) eBeth I; Tourney. Kathleen .Teemeyeiiert. usdej. govt: Ce: Howe Suey Subject: RE: DetailAd Good Afternoon Kathy, Yes, we wili ihavo this posted to the insider on Monday - Thnrilm. I ?ciit?in )1 Room? 1,216 BICN Building Direct: 202? 514-- 0292 Office: Ra?-5143934- From: Too'mey, Kathleen (CRT) Sent: ThursdayJuly 20 281? 1:20 PM . To: Guzman, Antonio (CRT) Taylor, Belicia (CRT) Subject: Fwd: Detail Ad Please. see below. Is it possible to post this onMonday'? Sent from my 'iPhone Begin forwarded message.-. From: "Kelley, Beth Date: July 20, 2017 at 1 0:8 48 PM . To: "Gore, John dohn. Gore@ert. uadoi Kathleen (CRT)