Rojas v. FAA, No. 15-1709, 2017 U.S. Dist. LEXIS 157661 (D. Ariz. Sept. 25, 2017) (McNamee, J.)

Rojas v. FAA, No. 15-1709, 2017 U.S. Dist. LEXIS 157661 (D. Ariz. Sept. 25, 2017) (McNamee, J.)

Re:  Request for records concerning posted opening for FAA air traffic control specialist

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  "The Court finds that the FAA's detailed initial and supplemental declarations documented the adequacy of its search for documents relevant to [plaintiff's] FOIA request[]" because the declarations "thoroughly detailed the steps [defendant] undertook to search for records responsive to [plaintiff's] request for [the subject] emails and chats during the relevant time periods."
   
• Exemption 2:  "The Court agrees with the FAA that the withheld information related to the . . . screening test is subject to exemption pursuant to . . . Exemption (b)(2)."  The court explains that "personnel materials related to the selection of employees is exempt from disclosure."  "The . . . screening test for . . . applicants is part and parcel of the procedures related to the selection of . . . employees."
   
• Exemption 6:  "The Court finds that the documents withheld by the FAA pursuant to Exemption 6 was information related to personnel actions, such as information related to conditions of employment, employee benefits, official personnel actions, an employee's home address, hotel membership number, credit card information shown on travel receipts, and an employee's webmail and internet passwords."  "Such personnel information is information covered by Exemption 6, and it would have constituted an unwarranted invasion of privacy if the FAA had disclosed that information to [plaintiff]."  "The FAA properly withheld disclosing these confidential personnel documents to [plaintiff]."  Additionally, the court finds that "[a]n employee's private email address is not subject to disclosure under the FOIA as such personal information is covered by Exemption 6 and would result in an unwarranted invasion of personal privacy if disclosed."
   
• Procedural Requirements, Agency Records:  "In camera, the Court has reviewed [certain] initial emails and [certain] supplemental emails that the FAA withheld when it made its disclosures to [plaintiff]."  "The Court finds, as contended by the FAA, that the emails at issue are personal emails . . . that do not respond to [plaintiff's] FOIA requests or the mission of the FAA."  "Therefore, [these] emails are not agency records that were required to be disclosed by the FAA as part of [plaintiff's] FOIA request."