Cf - Judicial Watch

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Consumer financial ?Protection Bureau

180'1 L Street NW, Washington, DC 20036

RE: FOIA Request# CFPB-2012-012

January 30, 2012

Lissette Garcia, J.D. Senior Investigator Judicial Watch 425 Third Street SW, Suite 800 Washington, D C 20024

Dear Ms. Garcia:

This letter is an interim response to your Freedom oflnfonnation Act (FOIA) request dated October 21, 2011. Your request sought all communications and records of communications from, to, or about Kevin Kenneth Lownds; all timesheets and any other log indicating hours worked and assignments performed by Kevin Kenneth Lownds; and all recruitment, training, pay negotiation, salary authorization, competitive selection, and job description information regarding Kevin Kenneth Lownds.

A search of the CFPB's electronic mail (e-mail) system and Office of Human Capital provided an interim total of 5,690 responsive pages to your request. I have determined that 3,974 pages

are released in part and 1,716 pages are withheld in their entirety pursuant to Title 5 U.S.C. ? 552

(b)(2), (b)(5) and (b)(6).

FOIA Exemption 2 protects information related solely to the internal personnel rules and practices of an agency, such as records related to the "selection, placement and training of employees and...the formulation of policies, procedures, and relations with [or involving] employees or their representatives." See Milner v. Dep't of the Navy, 13 l S. Ct. 1271 (2011).

FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are normally privileged in the civil discovery context. The three most frequently invoked privileges are the deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege. After carefully reviewing the responsive documents, I detennined that portions of the responsive documents qualify for protection under the Deliberative Process Privilege and the Attorney-Client Privilege. The deliberative process privilege protects the integrity of the deliberative or decision-making processes within the agency by exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency or intra agency memoranda or letters. The release of this internal information would discourage the expression of candid opinions and inhibit the free and frank exchange of information among agency personnel. Additionally, the attorney-client privilege protects confidential



communications between an attorney and his client relating to a legal matter for which the client has sought professional advice. It applies to facts divulged by a client to his attorney, and encompasses any opinions given by an attorney to his client based upon, and thus reflecting, those facts, as well as communications between attorneys that reflect client-supplied information. The attorney-client privilege is not limited to the context of litigation. FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public's right to disclosure against the individual's right to privacy. The information that was withheld encompassed personal email addresses, home addresses, personal as well as mobile telephone numbers, and other infonnation. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the infonnation. Any private interest you may have in that information does not factor into the aforementioned balancing test. Your appeal rights will be provided in our final response to your FOIA request. For inquiries concerning your request, please contact Ms. Laura Magere by phone at (202) 4357907 and reference the FOIA request number above. If you are unable to reach Ms. Magere, please feel free to contact CFPB's FOIA Service Center by email at CFPB_FOIA@ or by telephone at 1-855-444-FOIA (3642).

Marti ic sky FOIA Manager Office of Records, Privacy & FOIA



From: To: Cc: Subject: Date: Attachments:

Royster, Felicia (CFPB) Shackleford, Tia M Tingwald, James (CFPB)Disabled; Glaser, Elizabeth (CFPB) RE: STEP hire - Kevin Lownds Tuesday, December 07, 2010 1:29:00 PM image001.jpg

H Tia, please have Kevin report to Marilyn Dickman as the supervisor of record. NTE of 1/2/2012 is acceptable as are the number of hours. Let me know if you have any additional questions.

Thanks

Felicia Royster

Human Capital Implementation Team Consumer Financial Protection Bureau 202-435-7193 (1801 L St) 202-294-1177 (BB)

This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this message. If you are not the intended recipient, please notify the sender by return email, and delete or destroy this and all copies of this message and all attachments. Any unauthorized disclosure, use, distribution, reproduction or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited and may be unlawful .

From: tia.shackleford@bpd. [mailto:tia.shackleford@bpd.] Sent: Tuesday, December 07, 2010 1:25 PM To: Royster, Felicia (CFPB) Subject: STEP hire - Kevin Lownds

Good afternoon Felicia,

Dalton and I have been working with the above STEP. We have received all of the required documentation from him. I just need to verify some information prior to extending his official offer. First, James Tingwald will be his direct supervisor, correct? Additionally, how long should we set his NTE date for? Typically this is set for 364 days for STEPs, would January 2, 2012 be acceptable? I have attached below the information regarding his response to his availability. Will this work for the program office - setting his number of hours 31 per pay period?

Hi Tia,

Thank you very much for this information. With regards to my availability, I will be able to work 16 hours a week. There are 2 weeks during which I will only be able to work 8 hours (the week beginning January 24, and the week beginning February 21), so I was going to see if I could make up that time during the weeks beginning January 3 and January 10 by working 24 hours during those weeks. Other than that, my schedule will be standard as:

Mondays 2:00 pm - 6:00 pm Wednesdays 2:00 pm - 6:00 pm Fridays 9:00 am - 5:00 pm

I hope this makes sense, let me know if you have any questions or need any additional information from me. Thanks again!

-Kevin

From: To: Cc: Subject: Date: Attachments:

Royster, Felicia (CFPB) Royster, Felicia (CFPB); RecruitApprovals Harpe, Pam (CFPB); Cloud, Brian; Ferrell, Dalton E; Dickman, Marilyn (CFPB); Tingwald, James (CFPB)Disabled RE: Notification to Hire STEP (External) CFPB: Kevin Lownds Thursday, November 04, 2010 11:18:00 AM Resume - Kevin Lownds.pdf Transcripts - Kevin Lownds.pdf

Office: Consumer Financial Protection Bureau (CFPB)

Selectee: Kevin Lownds Title, Series, Grade: Review Analyst, GS-0301-07 Recruit #: 135437

Request approval to hire Kevin Lownds under the Student Temporary Employment Program (STEP) as a Review Analyst.

Brief Position Description: Review Analyst, GS-0301-07

? Plans, schedules, and coordinates the operational management and efficient utilization of office resources, analyzes problem areas and recommends changes.

? Drafts memoranda, policy and procedural documents and responses to information requests related to the functions of the organization.

? Maintains historical and background informational files for assigned areas of responsibilities.

? Reviews incoming documents and correspondence, gathers additional or background information and determines the distribution or action needed.

Resume: (attached) Timeline to Extend Offer: ASAP

Felicia Royster

Human Capital Implementation Team Consumer Financial Protection Bureau 202-435-7193 (1801 L St)

(b) (6)

KEVIN K. LOWNDS (b) (6)

EDUCATION

Georgetown Universit Law Center, Washington, DC

J.D., expecte

. .. GPA:3.87/4. , op4%o lLScction

Honors: CALI Award for Best Exam in Legal Justice (Fall

, Dean's List

Activities: The Georgetown Law .loumal, Innocence Project

PROFESSIONAL EXPERIENCE U.S. Department of the Treasury, Office of General Law, Ethics and Regulation: legal Extern (Starting September 2010, Washington, DC)

? Assist in providing legal advice on issues involving government contracts, regulations, and the departmental ethics program.

Families Against Mandatory Minimums: Law Clerk (June-August 2010, Washington, DC) ? Conducted legislative research and analysis on mandatory sentencing policies in various states. ? Developed policy recommendations, legislative profiles, and fact sheets for particular issues.

Chase Collegiate School: Research Associate and Staff Writer (May-August 2009, Waterbury, CT)

? Prepared and analyzed research pertaining to recruitment and retention trends. ? Wrote and submilted press releases for local newspapers. Professors Jeffrey Berry, Political Science, and Sarah Sobieraj, Sociology: Research Assistant (September 2008-May 2009, Medford, MA) ? Coded television and radio programs and conducted other research to examine the extent of"outragc"

in media. Tufts Academic Resource Center: Head Writing Fellow (September 2006-May 2009, Medford, MA)

? Met with students one-on-one to discuss papers for an assigned class. Committee to Elect Carl Sciortino: Campaign Manager (May-September 2008,Somerville, MA)

? Coordinated all facets of the successful write-in/sticker campaign forState Represc::ntative, including the field and fundraising operations, the mail program, and the communications plan.

? Supervised a staff including six full-time interns, a volunteer coordinator, a fundraising clircctor, a media consultant, a strategist/pollster, and two Election Day coordinators.

National Electrical Manufacturer's Association: Govemment Relations /11rem ( June-August 2007, Arlington, VA)

? Assisted in legislative outreach, including meetings with members of Congress and staff. ? Edited reports regarding issues ranging from trade policy to energy efficiency. Office of State Representative Carl Sciortino: Legislative Fellow (September 2006-December 2007, Boston, MA) ? Drafted and researched specific legislation and wrote testimony for legislative hearings. ? Assisted in constituent correspondence, including issue letters and service requests.

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