Imágenes de páginas
PDF
EPUB

a

the Regional Office designated by the ileged or confidential information obDirector of the Postal Data Center. tained from any person. For example,

(d) Definitions. The following terms identity of post office box holders; or as used in this part shall mean:

confidential financial or proprietary (1) "Department”: Post Office De data furnished by a prospective conpartment Headquarters, Washington, tractor during negotiations for D.C. 20260, regional offices, postal data contract. centers, all post offices and other postal (5) Interagency or intraagency meminstallations.

oranda or letters which would not be (2) "Records”: Includes prior and available by law to a private party in contemporaneous books, papers, reports, litigation with the Department. For exmaps, photographs, forms or other docu ample, internal drafts and memoranda mentary materials, regardless of physi between officials of the Department and cal form or characteristics, made or re legal memoranda from the General ceived by the Department in pursuance Counsel or Regional Counsel to a Deof Federal law or in connection with the partment oficial. transaction of public business and pre (6) Personnel and medical files and served or appropriate for preservation similar files, the disclosure of which by the Department or its legitimate suc would constitute a clearly unwarranted cessor as evidence of the organization, invasion of personal privacy. For examfunctions, policies, decisions, procedures, ple, official personnel folders, medical reoperations or other activities of the Gov ports and Bureau of Employee Compenernment or because of the informational sation case files, and disciplinary files. value of data contained therein. Library (7) Investigatory files compiled for or museum material made or acquired law enforcement purposes except to the and preserved solely for reference or ex extent available by law to a private hibition purposes, extra copies of docu party. For example, inspection service ments preserved only for convenience of reports in depredation or similar reference, and stocks of publications and

matters. of processed documents are not included (8) The names, addresses and telewithin the definition of the word "rec phone numbers of post office box holders ords” as used in this regulation.

shall not be disclosed except to a recog(3) “Opinions and orders”: Final nized law enforcement agency or in comOpinions (including Concurring and dis pliance with a subpoena or court order senting Opinions) and Orders rendered issued after the litigant has made a by the Postmaster General, the Judicial

showing of special need. Officer, Board of Contract Appeals, or

(9) Records and related data pertainother board or official acting on behalf

ing to methods of handling valuable regof the Postmaster General in any par

istered mail. ticular matter.

(10) Data concerning postage meters (e) Exemptions. The following classes and prototypes submitted for Departof records may be withheld from in ment approval prior to leasing to spection or copying. Records which are:

mailers. (1) Specifically required by Executive

(11) These regulations do not require Order to be kept secret in the interest the Department to make available recof national defense or foreign policy.

ords which would disrupt the work of the For example, the actual geographical lo Department. cation of Army Post Office addresses

(12) Records of postal savings acwhen classified in the interest of na counts, except as provided in § 173.3 of tional defense.

this chapter. However, names of deposi(2) Related solely to the internal per

tors may be disclosed.

(13) Records of money orders, except sonnel rules, guidelines practices of the Department. For example, operating

as provided in § 171.4 of this chapter. rules, guidelines and manuals of pro However, for good cause shown, the Gencedure for postal inspectors.

eral Counsel, after consultation with the (3) Specifically exempted from dis head of the cognizant Bureau or Office closure by statute. For example, con which has custody and control of the tents of first-class mail, section 4057, record involved, may permit disclosure Title 39 U.S. Code.

of such record, except as may be pro(4) Trade secrets and commercial or hibited by law, executive order or regufinancial information and other priv lation of another Federal agency which

is charged with the responsibility for the maintenance and control of such record. § 113.2 Opinions, orders, administrative

manuals and instructions to staff. (a) Opinions. All final Opinions (including concurring and dissenting Opinions) and Orders made in the adjudication of cases involving contract appeals under contract with this Department, fraud orders, mailability matters, revocation or denial of second-class mailing privileges, disbarment proceedings, proceedings under Executive Order 11246 (Equal Employment Opportunity) and other matter except in cases or classes of cases which are not required to be made public, are on file and available for inspection and copying in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260, unless otherwise specified.

(b) Administrative manuals and instructions to staf. Section 114.2 of this chapter identifies those manuals, instructions, and other publications and issuances of the Department that are used by post offices and indicates how, where, and if they may be obtained. Those which are not listed for sale and are available to the public under the Freedom of Information Act may be inspected in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260. If desired, they may be obtained by paying a fee in accordance with § 113.5, unless it is specifically stated that they are available free of charge.

(c) Limitations. If it is determined that disclosure of any of the matters in $ 113.2 (a) and (b) would constitute an unwarranted invasion of personal privacy, the appropriate official may delete identifying details therefrom either when it is disclosed for inspection or published.

(d) Public index. (1) The Department Library maintains a public index which identifies information as to all final Opinions and Orders made in the adjudication of cases; Department policy statements and interpretations not published in the FEDERAL REGISTER; and administrative staff manuals and instructions to staff that affect any member of the public.

(2) The index will contain matters issued only after July 4, 1967. However, the Department in its discretion may there

after include matters which may have occurred prior to July 4, 1967.

(3) The public index may be inspected and copies may be purchased from the Department Library General Reference Section, Room 6012, Post Office Department Building, Washington, D.C. 20260, in accordance with the Schedule of Fees in $ 113.5.

(4) The index shall not contain any matter which the General Counsel has determined should not be disclosed under these regulations.

(e) Public availability of matters in the public index. Any matter which is listed in the public index is available to the public subject to the limitation in § 113.2(c).

(1) Any person may make arrangements for the inspection of any matter which is listed in the public index in accordance with the procedures hereinafter specified

(2) Copies of the public index, and to the extent practicable, copies of matters listed in the public index will be provided upon request and payment therefor in accordance with the Schedule of Fees in § 113.5. (32 F.R. 9559, July 1, 1967, as amended at 32 F.R. 20810, Dec. 27, 1967) 8 113.3 Availability of other matters.

(a) Records covered by this section. (1) This section covers all records which are not covered by $ 113.2 and which are not of the kind listed in § 113.1(e).

(2) The best guide to the location of any matter covered by this section is chapter 8 of the Postal Manual which contains a description of Departmental organization and of the function of the Bureaus and Offices at Headquarters, Regional Offices, Postal Data Centers and Post Offices. Because of the manifold variety of records and the large number of separate postal facilities, it is impractical to prepare an itemized directory of matters covered by this section. (See § 113.1(b) for further information.)

(3) Change of address of a postal patron may be furnished upon request in accordance with $ 113.3(b) and upon payment of the fee set forth in the Schedule of Fees in $ 113.5.

(b) Procedure. All records covered by this section may be made available pursuant to the following procedures:

(1) Submit a written request to the local postmaster, or if known, to the head

of the installation at which the record is maintained, identifying the material sought by name, subject matter or number, regardless of whether the request is for inspection or copy only. If the request is for inspection, it shall also include a statement that the private party inspecting the record shall not make, alter or falsify a record, conceal, destroy, mutilate or remove any record or part thereof under penalty of law (18 U.S. Code 494 and 2071).

(2) Installations receiving requests which describe records located elsewhere in the Department or at another agency of the Federal Government will forward the request to the appropriate office.

(3) Installations receiving requests for inspection or copy which do not contain sufficient information to identify the record will answer the request as soon as possible. The answer will state that the installation is unable to identify the record from the information in the request, or if possible, what additional information would be necessary in order to identify the record requested or that there is no known record containing the information requested and that the Department will not compile data or otherwise create any record except when it is in the furtherance of Post Office Department business.

(4) Installations receiving requests for inspection or copies of records in their custody will answer the request as soon as possible. The answer will state:

(i) Whether the record or copy can be made available and, if not, the reason therefor.

(ii) The fees, if any, for retrieval of the record and any copies requested, which must be paid in advance.

(iii) When the record will be available for inspection (unless purchase of copy only is requested).

(iv) The place the record will be made available for inspection.

(v) Inspection and copying shall be monitored by a postal employee. § 113.4 Denials and appeal procedure.

(a) Denials. (1) If a request to inspect or copy a record is denied by the organizational segment of the Department to which the request is made, or in which the records are maintained, the private party may appeal such a denial to the General Counsel, Post Office Department, Washington, D.C. 20260.

(2) The General Counsel's decision shall constitute the final decision of the Department on the legal right to inspect or copy a record. The notice of denial shall advise the requesting party of his right to appeal to the General Counsel.

(b) Appeal. The appeal to the General Counsel shall be submitted in writing within 10 days from the date of denial. The letter of appeal shall include:

(1) Complete identification of the material to which access was denied.

(2) A copy of the request and any related correspondence.

(3) The date of denial and a copy thereof.

The General Counsel's decision shall be made as soon as possible. $ 113.5 Schedule of fees.

(a) Record retrieval. (1) For identifiable computer data the minimum charge is $120 for the first hour or any portion thereof and $30 for each 15 minutes or portion thereof in excess of the first hour.

(2) For other identifiable records the minimum charge is $8 for the first hour or any portion thereof and $2 for each 15 minutes or portion thereof in excess of the first hour.

(b) Reproduction. (1) For each copy of an identifiable page of any record, publication, etc., available under these regulations, the charge shall be $0.25 per page. There shall be a minimum charge of $1 for any record reproduction regardless of number of pages requested.

(2) The Department reserves the right to make available coin operated copy machines at any given location. In such event, the party desiring copies will make the copies.

(3) The Department is not required nor shall it furnish more than one copy of any record, publication, etc.

(c) Change of address record. The fee for searching or furnishing the last recorded change of address is $1 per change of address, except as provided in $$ 123.5 and 158.2 (b) and (d) of this chapter. The $1 charge is not refundable if the change of address information is not found. In such case, the $1 charge is for the search for the address change information.

(d) Waiver of fees. If it is determined to be in the interest of and for the con

venience of the Department to furnish a copy of any particular record, publication, etc., except a copy of a change of address or information in connection therewith, only the Bureau, Office or installation head having jurisdiction over such record may waive the fees set out in § 113.5 (a) and (b). In addition the General Counsel may for good cause shown, permit waiver of said fees. (32 F.R. 9559, July 1, 1967, as amended at 32 F.R. 12400, Aug. 25, 1967] 113.6 Compliance with subpenas duces

tecum and summonses. (a) Compliance with subpena duces tecum. (1) Time, leave and payroll records of postal employees are subject to production when a subpena duces tecum has been served. Authority is hereby delegated to Regional Directors, Postal Data Center Directors, and in those regions which have regional counsels, to the regional counsels to authorize the production of time, leave and payroll records in response to a properly served subpena duces tecum. The custodian of the records may designate a postmaster, postal inspector, or other postal oficial conveniently located to the court to present the records. The presentation by designee must meet with the approval of the attorneys for each side.

(2) If the subpena calls for employee records involving a job-connected injury, the records are under the exclusive jurisdiction of the Bureau of Employees' Compensation, Department of Labor. Such records may not be produced without the prior consent of that Department. Requests for authorization for the production of these records shall be addressed to: Bureau of Employees' Compensation, U.S. Department of Labor, Washington, D.C. 20210.

(3) If the subpena calls for employee medical records, they may not be released except as stated herein. These records are primarily under the exclusive jurisdiction of the U.S. Civil Service Commission. The Civil Service Commission has delegated authority to this Department and to the Commission's Regional Directors to release medical information, in response to proper requests and upon competent medical advice, in accordance with the following criteria which have been prescribed to adequately safeguard the interests of the Government and the employee:

a

(i) Except in response to a subpena, no medical information about an employee will be released to any non-Federal entity or individual without authorization from the employee.

(ii) With authorization from the employee, this Department's Regional Directors, Postal Data Center Directors, or regional counsels will respond as follows to a request from a non-Federal source for medical information:

(a) If in the opinion of a Federal Medical Officer the medical information indicates the existence of a malignancy, a mental condition, or other condition about which a prudent physician would hesitate to inform a person suffering from such a condition as to its exact nature and probable outcome, the Regional Director, Postal Data Center Director, or regional counsel will not release the medical information to the employee or to any individual designated by him, except to a physician, or Postal Data Center Director designated by the employee in writing. The Regional Director, or regional counsel will release such medical information, with a caution against divulgence, in response to a subpena.

(b) If in the opinion of a Federal Medical Officer the medical information does not indicate the presence of any condition which would cause a prudent physician to hesitate to inform a person suffering from such a condition as to its exact nature and probable outcome, the Regional Director, Postal Data Center Director, or regional counsel will release it in response to a subpena or to the employee or to any person, firm, or organization he authorizes in writing to have it.

(c) If a Federal Medical Officer is not available, the Regional Director, Postal Data Center Director, or regional counsel should refer the request to the Civil Service Commission regional office with the medical certificates or other medical reports concerned.

(4) In no event will any records containing information as to the employee's security and loyalty be released.

(5) Subpenas calling for the production of records may be honored only when disclosure is authorized by these regulations.

(6) When employees are authorized to comply with a subpena duces tecum,

[blocks in formation]
[blocks in formation]

$0.60

they will not leave the records themselves with the court, but will leave copies prepared for that purpose. Comply with § 721.643 of the Postal Manual in those cases in which the United States is not a party.

(b) Compliance with summons. (1) A postmaster or other postal employee will comply with a summons requiring his appearance in court. He will not testify as to any matters exempted under $ 113.1 (e).

(2) Postal Inspectors and other employees having possession of inspectors' reports or Inspection Service records are prohibited from presenting such reports or records in either State or Federal courts in which the United States is not a party in interest, unless authorized by the Department. (See $ 113.1(b) (ii).) Should an attempt be made to compel production of exempted matter (See $ 113.1(e)), the inspector or employee will decline to produce the information or matter, and state that it is exempted and cannot be disclosed or produced without specific approval of the Department. The Department will offer every possible assistance to the courts, but the question of disclosing exempted information is a matter entirely at the discretion of the head of the Department. $ 113.7 Mail covers.

Authority to order a mail cover is restricted to the Chief Postal Inspector or your postal inspector in charge. Upon request of either of these officials, furnish them with information regarding the address, return address or postmarks on mail. When specifically requested by the Chief Postal Inspector or your inspector in charge furnish such information to a designated postal inspector. Do not give such information to anyone else. Requests for mail covers shall be treated confidentially and there shall be strict compliance with the instructions outlined in the request.

Annual Report of the Postmaster General 1967.

The Postmaster General presents the annual report to the President on the services of the Department fiscal year ended June 30, 1967. The report is presented according to services, major programs, and principal activities. It is based upon the planning, programing and budgeting system (PPBS) established throughout the Government by the President. Nine categories have been designated which comprise the responsibilities and functions of the Post Office Department: Direct services to mailers, processing of mail, delivery services, transportation, auxiliary services, enforcement of postal laws, research and development general postal support. Among several of the new and expanded services described are: Self-service units, postage vending machines, and new procedures for handling imprint mail and other services to large mailers. Finally, the organization of the Post Office Depart

ment is presented. Commemorative Stamp Posters...

8 x 1024 inch posters provide advance information on commemorative stamps. Contain enlarged illustration of stamp to be issued, date and place of issue, number of copies to be printed, size and color, and complete instructions for stamp collectors who wish to obtain first-day cancellations. Equal Employment Opportunity in the U.S. Post Office Depurtment (April 1969)...

A supplemental report to the Postmaster General by the Post Office Department Advisory Board showing progress made by the POD in demonstrating the administration's commitment to equal employment opportunity.

$1.50 a year *$0.50.

$0.15.

[blocks in formation]

*$2. 50.

PART 114-ISSUANCES 1 Sec. 114.1 Inquiries. 114.2 General postal publications.

AUTHORITY: The provisions of this Part 114 issued under R.S. 161; 5 U.S.C. 301, 39 U.S.C. 501, 508, 5212.

Issued every Thursday, with special issues if required. Contains temporary instructions relating to operations of the Postal Service, including philatelic information of interest to stamp collectors; mail handling; transportation; finance; supplies; personnel; inspection; legislation; airmail; money orders; parcel post, etc. Postal installations will retain Postal Bulletins for 6 months unless specific instructions are given to retain for a longer period. Permanent instructions will be incorporated into the Postal Manual or some other permanent form of issuance. See footnotes at end of table.

132 F.R. 20811, Dec. 27, 1967.

« AnteriorContinuar »