Transportation Security Administration Freedom of Information Act (FOIA) Records Request TSAFOIA

Case Nl1mber

Tasked Office ----

FSD SFO

TSA-l/TCC

Tasked Office Point of Contact

Kavila Gutkovsky, Michelle Cartagena

FOTA Tasking

FOIA BRANCH CONTACT INFORMATION Matthew Johnsen

Phone Number

POC FOIA Specialist

Phone Number

l-227-2300 571-227-2989

-~~~~-t-~~~~~~~~~~~t--~~~~---;~~~~~~~~~~---;

REQUESTED RECORDS (4) any and all history of complaints against the TSA/Covenant agents: • Deputy Federal Security Director (DFSD) James Adams •Transportation Security Manager (TSM) David Smith (badge #174312} •Assistant Manager (ATM) Elli5on Champagne (#186390, Covenant) • Supervisory Transportation Security Officer (STSO) Michael Snead (#1260, Covenant}

• STSO John Orille (#1430, Covenant) •TSO Kristy Akens (#2038, Covenant}

(5) any and all history of similar complaints against any TSA, Covenant, or San Francisco Airport agent. (For SFO)

INSTRUCTIONS FROM .FOIA BRANCH Search your records for responsive documents, and if located, you MUST provide one clean copy (without redactions) regardless of classification, physically to the FOIA Rranch or electronically to: [email protected]. Record the total number of homs spent searching for l'ecmds responsive to this request. If documents contah1 SSI or Personally IdcntHiab!c Information, ensure you password-protect when sending electronically. You MUST provide the actual password in a subsequent email for our records and use. OTHER NOTES OR INSTRUCTIONS FROM FOIA BRANCH This is being re-tasked as per TSA-2/CJCC.

• • •

RESPONSE/COMMJ!:NTS FROM TASKED OFFICF,

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...

ORecommend total release DRccommcnd withholding information (SSI, Plf, etc.) ONo Records- Oul' search failed to locate any respotlsivc documents

)&(other TSA office(s) or another agency should search for responsive records. Please contact the foJlowing office(s): • Click here to enter texl.

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Documentation for Conducting a Search for Records Requested under the FOIA In responding to this request for information made pursuant to the FOIA, 5 U.S.C. 552, you must undertake a search that is reasonably calcult1tetl to uncover all releva11t documents described in the request. You must search in all places where responsive records may be found.

Please conduct a thorough search of your recmds fo1· documents petiaining to this FOIA request. You must search in every area within your components where you believe responsive records are located,

"Records" include: paper records, electronic records, e-mail correspondence, pictures, DVDs, video tapes, audio tapes, microfiche, or any other material recorded in any manner unless othenvise stated in the request.

SEARCH PARAMETERS Namt~:

Positio1n/T'ith~:

I Romila Deo

l)/26/2014

Search End Date:

7/2/2014

I Customer Support Manager Total Search Time:

30 minutes

..

~-----·""'"'.

List the systems of records searched:

··---------------------------··----··--·-··---··

...... .

List the search terms used:

Did you_~e~rch employees' CO!llP~_te_rs_?_Y_o_r_;,N...c_,_,_c_iI_·c_le_on_e_,)'---------------1 How did you search these computers (i.e., manual review of each folder individually, use search en ine in Start menu, or some other electronic search command)?

List the position titles and names of employees whose computers were searched:

List the search terms used:

.---------------------------------·----·-·········

Pa er llic.r;; orthopedic shoes; exterior medical devices; nssistive/adaptivc equipment; augmcntntion devices; ostomy Mupplies; medications und associated supplies; hmtring aids; cochlenr implants; tools for wheelchair disassembly/renssembly~ pc1·sonal supplemental oxygen; CPAP muchincs; respirators; C02 personal oxygen concentrators; baby apnea monitors; Braille note takers; slate and stylus; tools for prosthetic devices; and any other disnbility~related equipment and associated supplies.

For additional information on trunsportation security: Overall guidunce to travelers with disabilities is located on the web site of the Dcpnrtmcnt of Homeland Security's Transportntion Security Adminhitrntion at: httQ://www.tsa.gov. This guidnncc includes disahility/medical conditions specific tips. If you have mlditionnl concerns or
Page 21/22

These offenses are prosecutable in California state and federal court, both in civil and criminal prosecution, against both the TSA itself and the individual TSA agents involved.

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of Hie terms of an agency action. The reviewing court shall(1) compel agency action unlawfully wtthheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be-(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance wtth law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facls to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error." State immunity. A State shall not be Immune tmder the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State."

Sai's complaint against SFO TSA & agents

Page 22/22

Relief sought 1. Two 50. 7 ounce bottles of aloe juice, to replace those that were unlawfully seized. 2. Damages 18 for the agents' intentional and negligent infliction of emotional distress on me. 3. Damages for the agents' repeated violation of my civil rights. 4. The above damages to be borne in part personally by the TSA agents involved, at a level sufficient to constitute both a strong punishment to them and a strong deterrent to other TSA agents who may think themselves free to engage in such illegal activity because of agency protection. 5. Immediate, formal, public disciplinary action against all TSA agents involved, especiafly DFSD Davis, TSM Smith, and ATM Champagne (at whose direction the other TSA agents acted). 6. A public apology both from the SFO Federal Security Director as well as from national TSA representatives. detailing and enacting an effective plan to change the manner in which TSA agents are trained; to ensure that agents do not violate clvll libert!es or disabilities rights; to ensure that those who do so are effectively retrained, punished, and/or fired; to ensure that victims of such violations are immediately and proactively compensated by the TSA without their having to exercise the privilege and effort that I have done in pursuing this matter; and to ensure that the TSA is held externally accountable for doing all of the above. Another mere TSA memorandum of policy will not be sufficient to meet this relief, given the TSA's repeatedly demonstrated failure to actually enforce such memoranda. 7. Injunction against the TSA providing that any repeated offense of a similar nature against any person by any TSA agent, or any retaliatory action against me, will be treated with extra scrutiny and punishment. 8. An order requiring the TSA to notify any person who complains about similar offenses of the existence and content of the above injunction. 9. Recovery of all attorney's fees, costs, etc. 19 10. Repeal of the TSA's current policy requiring disabled travelers with medical liquids to out themselves and forbidding travelers with safe, screenable, "non-medical" liquids from traveling with those liquids to be replaced with a uniform policy of testing liquids over a given total volume, without any intrusive questions.

18

actual, punitive, statutory, etc., as applicable

19 "(b) Attorney's fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title ... [or] title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.] ... the court, in its discretion, may allow the prevailing party ... a reasonable attorney's fee as part of the costs ...

(c} Expert fees In awarding an attorney's fee under subsection {b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney's fee."

Afi Cf_B._8.1&1 "Procedures The procedural provisions applicable to title VI of the Civil Rights Act of 1964 apply to this part." 29 USC § 794a • "Remedies and attorney fees (b) In any action or proceeding to enforce or charge a violation of a provision of this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs."

Hollenbach, Zachary From:

Hollenbach, Zachary

Sent: To:

Thursday, May 02, 2013 9:52 AM

Subject:

Attachments:

Adams, James W. ([email protected]); Sprouse, Kevin ([email protected]); Quiocho, Gene R.; Jackson, Stephanie FW: Claims for damages arising from SFO medical liquids incident Sai's complaint against SFO TSA agents for violation of disabilities law.pdf

Please see attached document. Thank you Zachary Hollenbach

SFO • TSA 650-339-9298 -----Original Message----From: Nancy Coliz [mailto:nancy.coliz@)covenantsecurity.com] Sent: Thursday, May 02, 2013 9:34 AM To: Hollenbach, Zachary Cc:~~~~~~~~:..=:~~~

Subject: FW: Claims for damages arising from SFO medical liquids incident Per your conversation with Audrey.

-----Original Message----From: [email protected] [mailto:[email protected]] On Behalf Of Sai Sent: Wednesday, May 01 1 2013 7:31 PM

T0: .tta..{:lf!)J1lJ?9lfl!;;g.@J::!!J~.~gQ_;.i:; [email protected]~J)_i?J1t~~-c;;.Yr.1lY..!.\;.9...m Cc: TSA.ODPO Subject: Claims for damages arising from SFO medical liquids incident

Please see attached. Note that the last page has a list of relief sought. This includes:

* two 1.5 liter ounce bottles of aloe juice *damages for intentional and negligent infliction of emotional distress by TSA agents (both Covenant employees and direct TSA employees) *damages under §1983 /Bivens for violations of my civil rights * legal costs and fees Please note also that this incident is simultaneously being reviewed by the TSA ODPO for issues under §504 of the Rehabilitation Act of 1973.

-Sai

1

Hollenbach, Zachary From: Sent:

Attachments:

Hollenbach, Zachary Thursday, May 02, 2013 9:58 AM Brnmer, Zachary FW: Claims for damages arising from SFO medical liquids incident Sai's complaint against SFO TSA agents for violation of disabilities law.pdf

Importance:

High

To:

Subject:

Here is the latest email we received concerning the passenger noted in the attachment. Thank you Zachary Hollenbach SFO-TSA 650-339-9298

-----Original Message----From: Nancy Coliz ''-"'="-'~~=~e.=.~~~=="-'~=,.,, Sent: Thursday, May 02, 2013 9:34 AM To: Hollenbach, Zachary Cc: a ud rey.deane@covenantsecurity_s_om Subject: FW: Claims for damages arising from SFO medical liquids incident Per your conversation with Audrey.

-----Original Message----From: [email protected] [mailto:[email protected]] On Behalf Of Sai Sent: Wednesday, May 01, 2013 7:31 PM To:=-:~'-'-'-'-'=.:."~=-"'-:~'~'"'"""''~'~'~''~~~=~=,~=,==:~"~~,=~'~" Cc: TSA.ODPO Subject: Claims for damages arising from SFO medical liquids incident

Please see attached. Note that the last page has a list of relief sought. This includes:

*two LS liter ounce bottles of aloe juice * damages for intentional and negligent infliction of emotional distress by TSA agents (both Covenant employees and direct TSA employees) *damages under §1983 /Bivens for violations of my civil rights *legal costs and fees Please note also that this incident is simultaneously being reviewed by the TSA ODPO for issues under §504 of the Rehabilitation Act of 1973.

- Sai

1

Hollenbach, Zachal)'. From: Sent:

To: Cc:

Subject: Attachments:

Nancy Coliz Thursday, May 021 2013 9:34 AM Hollenbach, Zachary audrey.deane@covena nts ecurity.co m FW: Claims for damages arising from SFO medical liquids incident Sai's complaint against SFO TSA agents for violation of disabilities law.pdf

Per your conversation with Audrey.

-----Original Message-----

From: _$_;;[email protected] [mai1to:sa iza [email protected]) On Behalf Of Sai Sent: Wednesday, May 01, 2013 7:31 PM To:=:z:;:,.=:..:.=~~=.:.'-'=u=.~·~~.:.=~..i:.==.:.:=z:.:=.!.'lJ.J~~

Cc: TSA.ODPO Subject: Claims for damages arising from SFO medical liquids incident

Please see attached. Note that the last page has a list of relief sought. This includes:

* two 1.5 liter ounce bottles of aloe juice * damages for intentional and negligent infliction of emotional distress by TSA agents (both Covenant employees and direct TSA employees) *damages under §1983 I Bivens for violations of my civil rights * legal costs and fees Please note also that this incident is simultaneously being reviewed by the TSA ODPO for issues under §504 of the Rehabilitation Act of 1973.

- Sai

1

Hollenbach, Zachary From: Sent:

Jackson, Stephanie

Cc:

Friday, May 17, 201310:28 AM Quiocho, Gene R.; Barber, Brett Sprouse, Kevin; Hollenbach, Zachary

Subject:

RE: SAI Request

To:

Brett, We no longer have any copies of the CCTV footage; all copies have been sent to various TSA program offices. It is my understanding we sent a copy of the CCTV footage to Zachary Bromer at HQ. Perhaps you can reach out to Mr. Bromer

to get a copy of the footage? Step~ "1. ]ack1,ovv Assistant Chief Counsel Field Transportation Security

San Francisco {SFO,OAK,SJC,SMF,FAMS/SFFO,OOI) 700 Airport Blvd., Suite 200 Burlingame, CA 94010 650.581-2398 (desk) 202.744 5471 (cell) 650.558-1783 (fax) Attornev Client Prlvlleged/Attornev Work Product Receipt of this Information by other than the intended recipient does not constitute a waiver of this privilege. Do not release under EQIB_QLQthl'!~ise disseminatg._wJ.tJlQ!Jtp_rJ.QL'lJ!11.fOVal of CCC. This communication might contain communications between attorney and client, communicatlons that are part of the Agency dellberative process, or attorney work product, all of which are privileged and not subject to dlsdosure outside the Agency or to the public. Please consult with DCC before disclosing any information contained in this email.

or

From: Qulocho, Gene R. Sent: Friday, May 17, 2013 8:11 AM To: Jackson, Stephanie Cc: Sprouse, Kevin; Hollenbach, Zachary Subject: FW: SAI Request Here is what we have in regards to SAi.

Ge-fl.£/ 'R. Quiocho]v San Francisco lnt'I Airport Dept of Homeland Security Deputy AFSD-Screening g~n.G.~@ioc,[email protected]

From: Quiocho, Gene R. Sent: Monday, April 22, 2013 7:42 AM To: Bromer, Zachary Subject: FW: SAI Request FYSA

Qe.¥1,e; 'R. Q ulocho-JV' San Francisco lnl'I Airport Dept. of Homeland Security Deputy AFSD~Screening [email protected]

From: Quiocho, Gene R. Sent: Friday1 April 191 2013 12:53 PM To: Lucas1 Erika Subject: RE: SAi Request Okay Erika, attached are all the statements. Please email me the address you would like us to send the CCTV video to and I'll send that to you Monday April 22, 2013. Please use the previous TSA national password to open the documents.

Ge.-rl€1 'R. Q ulocJurJr San Francisco lnt'I Airport Dept. of Homeland Security Deputy AFSO-Screening [email protected]

From: Lucas, Erika Sent: Friday, April 19, 2013 11:11 AM To: Quiocho, Gene R. Subject: RE: SAi Request Hi Gene, I need all of the witness statements and the video that you have available. How soon can I get this information?

Erika

From: Quiocho, Gene R. Sent: Thursday, Apr1118, 2013 6:24 PM

To: Lucas, Erika Subject: SAi Request Hello Erika, I'm writing you to touch bases and see how I can assist you with obtaining the statements/records you are requesting. Have you spoken to anyone from TSA/SFO on this matter? Has anyone sent you anything from TSA/SFO or HQ? I'll be in tomorrow at 0800 PDT. and would be glad to assist in any way.

G~'R.

Qui.ocho]v

San Francisco lnt'I Airport Dept. of Homeland Security Deputy AFSO-Screening gene [email protected]

2

Gutkovsky, Kavita From:

Sent: To;

Cc: Subject:

Bromer, Zachary Monday, September 16, 2013 10:49 AM Gutkovsky, Kavita Quiocho, Gene R.; Hollenbach, Zachary RE: Sai update

Thanks for the information. Do you have any further specifics, such as what exactly the training included, when it was conducted, how it was conducted, etc.? Any additional information would be helpful. Thanks. Zach Bramer

From: Gutkovsky, Kavita Sent: Monday, September 161 2013 1:46 PM To: Bromer, Zachary Cc: Quiocho, Gene R. ; Hollenbach, Zachary Subject: FW: Sai update Good morning, please see below.

From: Hollenbach, Zachary Sent: Friday, September 131 2013 8:30 AM To: Gutkovsky, Kavita; Quiocho, Gene R. Subject: Re: Sar update Training was provldod to the entire workforce on how to screen medical !lqllids. This included Covenant Aviation Security officers on the checkpoint all the way up to TSA screening managers.

From: Gutkovsky, Kavita Sent: Monday, september 09, 2013 10: 13 AM To: Hollenbach, Zachary i Quiocho, Gene R. Subject: FW: Sai update Please see below question and let me know what the response is. I am not fully aware of this matter. Thanks, Ka vita

From: Bromer1 Zachary Sent: Friday, September 06, 2013 11:35 AM To: Gutkovsky, Kavita Subject: Sai update

Ka vita, I am writing in regards to the complaint made by Sai about his screening experience at SFO on March 1. l have previously emailed with Gene Quiocho, Sylvia Hernandez, and Zachary Hollenbach about his complaint, but I do not think I've discussed it with you. 1

Gutkovsky, Kavita From: Sent:

To: Subject:

Araujo, Jose L Monday, September 16, 2013 12:03 PM Hollenbach, Zachary FW: Medically Exempt Scenarios

From: Foster, Susie Sent: Friday, April 05, 2013 1:25 PM To: s:focoordinationcenter@dbE.&.QY; Araujo, Jose L ; Bigelow, Gina ; Smith2, David; Erickson, Rebecca; Gutierrez, Si!v!a; Gutkovsky, Kavita; Hollenbach, Zachary ; Kremka, Anthony; Lee, Peter V; Loew1 John; Padilla, Griselda; Quiocho, Gene R. ; Rodriguez, Hector; Rogers 0, Tristan; Rogge, Dave; Ross!, Anthony M; Sakamoto, Alan; Armstrong, Richard H; Baker, Dougtas; Cross, Joseph; Delfino, Andrew; Hamilton, Brian ; Hickman, Kelly; Hietala, Martin; Powell, Jim; Thomas, Timothy N. ; Wilson, Timothy Cc: Adams, James W.; Sprouse, Kevrn; Daigle, Claudia; Quiocho, Gene R. Subject: Medically Exempt Scenarios

Oocumentl

[Compatibility ...

Hello all, I have enclosed 3 scenarios that deal with "Medically Exempt Liquids" Please read them if you have any questions please come and see me. For the Screening Operations personnel we will get together and discuss these as a group. Also as you go out on the floor, talk to your Supervisors to ensure they are also aware of these scenarios. This will also be sent to CAS and included in the National Shift Brief.

{jihtm},_.f[ ~~ !Training M;mager I U.S. Department of Homeland Securlly I Trnnsµortation Security Administration I San Francisco lnternalimrnl Airpol't (SFO) I BB 650AOO.H36 I

"The doors we open and close each day decide the lives we live."

1

Gutkovsky, Kavita From:

To:

Bramer, Zachary Wednesday, September 18, 2013 8:27 AM Gutkovsky, Kavita

Subject:

RE: Sai update

Sent:

Thanks, Kavita. This is helpful.

Zach

From: Gutkovsky, Kavita Sent: Monday, September 16, 2013 4:42 PM To: Bramer, Zachary Subject: FW: Sai update Please see attached.

From: Hollenbach, Zachary Sent: Monday, September 161 2013 12:05 PM To: Gutkovsky, Kavita; Quiocho, Gene R.; 'Susie Foster' Subject: RE: Sai update See the attached email. Scenarios sent out to TS Ms, discussions during meetings, addition to National Shift Brief for the CAS TSOs.

From: Gutkovsky, Kavita Sent: Monday, September 16, 2013 10:52 AM To: Hollenbach, Zachary ; Qu!ocho, Gene R. ; 'Susie Foster' Subject: FW: Sai update Do you guys know?

From: Bramer, Zachary Sent: Monday, September 16, 2013 10:49 AM To: Gutkovsky1 Kavita Cc: Quiocho, Gene R. i Hollenbach, Zachary Subject: RE: Sai update Thanks for the information. Do you have any further specifics, such as what exactly the training included, when it was conducted, how it was conducted, etc.? Any additional information would be helpful. Thanks. Zach Bromer

From; Gutkovsky, Kavita Sent: Monday, September 16, 2013 1:46 PM To: Bromer, Zachary 1

Cc:: Quiocho, Gene R. i Hollenbach, Zachary

Subject: FW: Sai update Good morning, please see below.

From: Hollenbach, Zachary

Sent: Friday, September 13, 2013 8:30 AM To: Gutkovsky1 Kavita; Quiocho, Gene R. Subject: Re: Sai update Training was provided to the entire workforce on how to screen medical liquids. This included Covenant Aviation Security officers on the checkpoint all the way up to TSA screening managers.

From: Gutkovsky, Kavita

Sent: Monday, September 09, 2013 10:13 AM To: Hollenbach, Zachary ; Quiocho, Gene R. Subject: FW: Sai update

Please see below question and let me know what the response is. I am not fully aware of this matter. Thanks, Kavlta

From: Bramer, Zachary

Sent: Friday, September 06, 2013 11:35 AM To: Gutkovsky, Kavita Subject: Sai update Kavita,

I am writing in regards to the complaint made by Sai about his screening experience at SFO on March 1. I have previously emailed with Gene Quiocho, Sylvia Hernandez, and Zachary Hollenbach about his complaint, but I do not think Fve discussed It with you. The Disability Branch is finalizing a formal response to Sai. We would like to include information about any measures that TSA has taken at SFO in response to his complaint. Can you please let me know what, if any, actions have been taken? If you'd like to discuss it further, I'd be happy to speak with you on the phone. Thanks.

Zach Brorner Disability Branch Transportation Security Administration (571) 227-3856

2