blm foia response 8-26-10

8/8/2019 Blm Foia Response 8-26-10

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United States Department of the InteriorBUREAU OF LAND MANAGEMENTNew M exico State OfficeP.O. Box 27115Santa Fe, New Mexico 87502-0115www.blm.gov/nmFOIA NM 20I0-038

FOIA BLM 2010-961I278 (9170)

IN REPLY REFER TO:

TAKE PRIDENAM E R I CA

August 26, 20I0

Ms. Mandy SmithbergerNational Security InvestigatorProject on Government O versight1100 G St., NW , Ste. 900Washington, DC 20005Dear M s. Smithberger:Your Freedom of Information Act (FOIA)/Privacy Act request dated July 21, 2010, w as receivedvia email on the same date. You requested various records pertaining to former employee SteveHenke and the N ew M exico Oil and Gas Association.On July 27, 20I0, you clarifred your request for Item 5 and stated that the time frame you areseeking is from January 1, 2009, till Steve Henke's last day (May 2I, 2010) with the Bureau ofLand M anagement (BL M). Your request became perfected on July 27, 2010.The following is provided in response to your itemized request:1. A copy of BLM's conflict of interest policy government employment and post-employment practices of political appointees, including but not limited to 18 U.S.C. et seq., 5 C.F.R. Part 2600 et seq., 5 C.F.R. part 6701 et seq., as would have pertained toformer government employee Steve Henke.The B LM does not have a specific policy on post-Government em ployment; however, thefollowing regulations and Department of the Interior (DOI) policy apply to all BLM employees.Enclosed is a copy of a summary of post-employment restrictions which includes citations to18 U.S.C. Section 207 (9 pages), along with a copy of 18 U.S.C. 208 (2 pages). Also enclosed isa portion of the Standards of Ethical Conduct for Employees of the Executive Branch, Subpart B,which discusses Conflicting Financial Interests and Subpart F Seeking Other Em ployment (18pages). In addition, enclosed is a portion of the Ethics Guide for DOI Employees whichdiscusses post employment (7 pages).


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22. Any exit plans or other docum ents that detail restriction or prohibitions on M r. Henke'smove to the private sector.

Enclosed are three email messages with enclosures between Steve H enke and P atrycia Sanchez,New Mexico State Office Assistant Ethics Counselor (I3 pages).3. A copy of any op inion and/or wa iver provided by the Solicitor's office or ethics officialssetting out the agency's approva l, partial approval, or disapprova l of Mr. Henk e's post-government job search.See response to Item 2. In addition, we do not have any records in response to opinions and/orwaivers provided by the Solicitor's Office.4. A copy of M r. Henke's phone log registering calls to and from New Mexico Oil and G asAssociation from January 2009 to his last day at B LM , including calls received by M r.Henke and any mem bers of his staff.We do not ma intain telephone logs; therefore, no records ex ist in response to this portion of yourrequest.5. All other communications, including but not limited to e-mails, memoranda, notes,meeting notes and transcripts, or other similar correspondence, between Mr. Henke andany member of his staff and the New Mexico Oil and Gas Association. As stated above, onJuly 27, 2010, you clarified your request for Item 5 and stated that the time fram e you areseeking is for January 1, 2009, till Steve Henke's last day (M ay 21, 2010).Enclosed is a copy of various emails with enclosures between BLM Farmington District staff,including Steve Henke, and the New Mexico Oil and Gas Association (8 pages). Eight of theenclosed pages are partially withheld under Exem ption 6 of the FO IA (5 U .S.C. 552(b)(6)).These pages contain Steve Henke's home address; home telephone number; place and date ofbirth; marital status; family information; volunteer informa tion not related to qualifications forposition; award information not related to qualifications for position; names, contact information,and affiliations of references for position; names of unsuc cessful applicants interviewe d for theposition; and personal cellular telephone num ber for C arolyn McC ormick.Exemption 6 allows an agency to withhold personal information w hose release "would constitutea clearly unwarranted invasion of personal privacy." The Bureau of Land M anagement (B LM)has determined that after reviewing the ba lancing process, the release of certain personalinformation in the documents you requested would not shed light on the Government's activitiesand are of no pub lic interest. Therefore , the privacy interest of the individuals concernedoutweighs an y public interest in that inform ation.


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6. Any correspondence and other communications sent to and from the New Mexico Oiland Gas A ssociation from January 2007 and July 2010.

We do not have any official correspondence sent to and from the New Mexico Oil and GasAssociation for January 2007. See response to Item 5 for any communications betweenSteve Henke and a ny mem ber of his staff and the New M exico Oil and Gas Association fromJanuary I, 2009, till Steve Henke's last day (May 2I, 20I0). Also enclosed are four emailstrings for the month of July 20I0 (5 pages).7. Any documents regarding warnings or administrative or disciplinary actions againstMr. Henke.No reco rds exist in response to this portion of your request.For those records which do not exist, under 43 CFR 2.7(d)(1)(2009), the B LM is not required tocreate or compile a record to respond to a FOIA request. The Act applies only to records inexistence at the time the request is made.The person s responsible for this partial denial under Ex em ption 6 of the FOIA a nd this partial norecords found response are Eileen Griego-Vigil, State FOIA Officer, and Linda S.C. Rundell,State Director, New Mexico State O ffice, BLM , Santa Fe, New Mexico, in consultation withMichael W illiams, DOI, Office of the S olicitor, Santa Fe Field Office, Santa Fe, New Mexico.Under 43 CFR 2.28(a)(2)(2009), you may appeal this partial denial under Exemption 6 of theFOIA and this partial no records found response to the DOI FOIA Appeals Officer. The FOIAAppeals Officer must receive your FOIA appeal no later than 30 workdays from the date of thisfinal letter responding to your FOIA request. Appeals arriving or delivered after 5 p.m. EDT,Monday through Friday, will be deemed received on the next workday. Your appeal must be inwriting and addressed to:

Freedom of Information Act A ppeals OfficerU.S. Department of the InteriorOffrce of the SolicitorI849 C Street, NW , MS 6556Washington, DC 20240

You m ust include with your appeal copies of all correspondence between you and our officeconcerning your FOIA request, including a copy of your original FOIA request and this denialletter. Failure to include this documentation with your appeal will result in the Department'srejection of your appeal. The appeal should be m arked, both on the envelope and the face of theletter, with the legend "FREEDOM OF INFORMATION APPEAL." Your letter should includein as much detail as possible any reason(s) why you believe the Bureau's response is in error. Toensure timely receipt of your appeal, it is recomm ended that you fax a copy of your notice ofappeal to the FOIA Appeals Officer at (202) 208-6677.


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4Although you are entitled to pursue the appeal rights process, we encourage you to contact thisoffice beforehand to try to resolve this ma tter.Cost recovery fees are not charged since costs for these records (142 pages) do not exc eed thecollectible threshold of $30.00 (43 CFR 2.16(b)(2)(2009)).Questions pertaining to the enclosed records may be referred to Patrycia at (505) 95 4-2084, orBill Papich, Community Relations Specialist, Farmington District Offrce, at (505) 599-6324.Questions pertaining to FOIA ma tters may be directed to Eileen at (505) 954-2129.

Sincerely,

Linda S.C. RundellState DirectorEnclosures


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Patrycia RSanchez/NMSO/N M/BLM/DOl05/19/2010 12:07 P M

Tocc

bc cSubject

Steve Henke/FFO/NM/BLM/DO I@BLMAudrey Hal l -Carson/NMSO /NM/BLM/DO I@BLMPatrycia R Sanchez/NMSO/NM/BLM/DOIAdvice Regarding Post-Employment

Hlstory:his message has been forwarded.Dear Steve

The purpose of this mem o is to mem orialize the advice I gave you on Apri l 20, 2010 regarding your plansfor employment with a non-federal entity after retirement, and to advise you of the protections you haveregarding that advice.You cal led me in my role as Assistant Ethics Counselor for the BLM -NMSO , and informe d me that you areplanning to work for the New Mexico Oil and Gas Association (NMOGA) after your retiremen t. You told methat the NMOG A is a non-profit organizat ion that does n ot have contractual or regulatory t ies to the BLM .You referred me to their website (www.nm oga.org ), and I ascertained that the purpose of NMO GA is foreducation and advocacy regarding New Mexico State oi l and gas issues (versus federal O&G concerns),and NM OGA is not a "prohibited source" under 5 CF R 2635.203(d) and the federal standards of conduct. Iconfirmed my d etermination with the BLM Ethics Attorney in Washington. Based upon that information, Iadvised you that I didn't see an issue w ith post-employme nt confl ict of interest, or issues regarding thenegotiat ion of em ployment w ith the NM OGA w hile sti l l emp loyed with the BLM . Later the same day, Iem ailed to you a copy of the brochure, "Restr ict ions on Post-Governm ent Employm ent (Employm ent AfterAn Em ployee Leaves Fede ral Service), 18 U.S.C. 207; 5 C.F.R. part 2637; 5 C.F.R. part 2641; OGESumm ary of 18 U.S.C. 207."As an Assistant Ethics Counselor for the NMSO, I have been granted respon sibi lity to advise ouremp loyees about the Bureau of Land M anagem ent, Department of Inter ior, and general statutes andregulations governing ethical behavior of federal employees , to the best of my ability. If I am unable toprovide such guidance, I refer the employee to the BLM Ethics Off ice. Because you cal led and asked myadvice on your post-emp loyment plans. you have certain protect ions under the law."5 CFR 2635.107 - Ethics Advice: Emp loyees who have quest ions about the appl icat ion of this part or anysupplemental age ncy regulat ions to part icular s ituat ions shou ld seek advice from an age ncy ethics off ic ial .Disciplinary action for violating this part or any supplemental agency regulations will not be taken againstan em ployee who h as engaged in conduct in good faith reliance upon the advice of an agency ethicsoffic ial. provided that the em ployee, in seeking such a dvice, has m ade ful l disc losure of al l relevantcircumstances. Wh ere the em ployee's conduct violates a criminal statute, rel iance on the advice of anagency ethics official cannot ensure that the employee will not be prosecuted under that statute . However,good faith reliance on the advice of an agency ethics official is a factor that may be taken into account bythe Departm ent of Justice in the selection of cases for prosecution. Disclosures m ade by an e mp loyee toan agency ethics official are not protected by an attorney-client privilege. An agency ethics official isrequired by 28 U.S.C. 535 to report any information he receives relating to a violation of the criminal code ,tit le 18 of the United States Code."I hope this information is clear. If any of the facts as I have stated them in the second paragraph are notcorrect, or if you have any questions, please let me know.Thanks, and best of luck in the new chapter of your life.Patryc ia Sanchez. Hu man Resources Specia l is tVoice: 505-954-2084Fax: 505-954-2092


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Carolyn McCormick04/30/2010 11:30 AM

To Steve Henke cc

bccSubject Re: NMOGA Info & Assignment

History:

his message has be en repl ied to.

Steve,I would like to have it back by W ed, the 5th, if possible.Thanks,- CarolynCarolyn McCormick, PrincipalPeak HR Consulting, LLC303-388-5308Original Me ssagerom: "Steve Henke" TO: "CarOlyn McCOrmick" Se nt: Friday, April 30, 2010 10:19:38 AM G MT -07:00 US /Canada MountainSubject: Re: NMOGA Info & Ass ignmentCarolyn:When wOuld yOu like tO have the writing assignment?Steve


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Carolyn McCormick05/04/2010 11:55 AM

To Steve H enke cc

bccSubject Re: NMOGA Writing Assignment

Thanks so much, Steve.- CarolynCarolyn McCormick, PrincipalPeak HR Consulting, LLC303-388-5308Original Me ssagerom: "Steve Henke" To: "Carolyn McCormick" Sent: Tuesday, May 4, 2010 11:52:36 AM G MT -07:00 US /Canada MountainSubject: Re: NMOG A W rit ing AssignmentCarolyn:Attached please find my submissions as requested. If you have anyquestions or problems printing these, please give me a call. Thanks.Steve(See attached file: NMO GA .Writing.1.docx)(Se e attached fi le:NMOGA.Writing.2.docx)


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New Mexico Oil and Gas Association President Search Writing Projectage 1 of 2Steve Henke1. There are several challenges to the long-term viability of the oil and gas industry in New

Mexico. The general categories of taxes and fees, access to resources and transportationroutes, and government regulation at the federal, state and local levels combine to present ourassociation with a challenge requiring a focused, collectively supported effort.Obviously there are areas of overlap among the three categories I listed above, which I willaddress. However, when there is broad based support from our membership as to the mostimportant of issues, I would suggest to the Executive Committee that we work on definingdesired outcomes for each. Next I would recommend the development of a strategic plan, withshort and long-term objectives, which systematically addresses each goal. An implementationplan should complement the strategy, with a mechanism to establish and measure progress,assess emerging or unanticipated factors, and adjust priorities as necessary. I am an advocateand practitioner of the plan, implement, monitor and adapt principles of organizationalleadership.The oil and gas industry supports the majority of the state's budget and has been the primarysource of revenue for the permanent fund. In this era of budget shortages for the state, therewill, in my opinion, be increasing pressure in the legislature to raise revenue, and the oil and gasindustry will be a tempting and familiar target. We must work with our membership andlobbyists to insure the industry is not unfairly burdened to pay for existing or new programswithin the state. A vibrant, stable oil and gas industry is critical to New Mexico's future, and thismessage should be delivered unapologetically.We must be aware of and involved in planning efforts at the federal, state and local levels topositively influence decisions that potentially affect our members' access to resources andtransportation corridors. I would promote a spirit of collaboration with regulatory proponentsand supporters, while maintaining diligence in understanding and commenting on proposals.Our organization must have a seat at the table to represent our members' interest as theseissues are contemplated.Finally, we are faced with an unprecedented level of new regulatory proposals by government atall levels. Air quality, green house gases and global climate change issues will be particularlychallenging in the near term. The collective wisdom of our membership and their employeesshould be used to, as best we can, insure proposals are scientifically based, properly analyzed,and if adopted, reasonably implemented and monitored for effectiveness.In summary, I would work collaboratively with the Executive Committee and our members todevelop and implement a broadly supported strategic plan which addresses the priority issuesfacing the industry. There may well be adjustments to the issues I have identified; however,based upon my experience, I believe the recommended approach is sound.


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Steve Henkeage 2 of 23. When I was appointed District Manager in Farmington in 2001, I inherited a dysfunctionalorganization. The depth and consequences of this dysfunction were manifested in internalorganizational disagreements and sabotage of projects without resolution or progress. Moreimportantly, our clients and the public were confused, frustrated, and in some cases disgusted with thelack of cohesion and consistency within the Bureau of Land Management (BLM). In addition, there wasa misguided, long-range planning effort underway that had no definitive purpose or sense of direction.Needless to say, morale within the office was low, stress was high, and trust was lacking, both internallyand externally.There were sharp differences within the office as to the proper course to balance oil and gasdevelopment with other resource values and responsibilities. Disruptive personal agendas wereprevalent. The day after I was appointed, I called a meeting of all employees, and I said unequivocallythat "the Farmington District was back in the oil and gas business because it is in the public interest todo so." Having worked previously in the District, I had a reservoir of personal capital with selectindividuals, which I could draw upon to implement a change in direction and a new focus for the office.In the first meeting with all staff, I laid out some key principles that would serve as the foundation for anew direction. I emphasized the need for leaders to lead and for them to make difficult decisions. Idiscussed a set of fundamental expectations with which I wanted to operate: we will develop thepublic's oil and gas in an environmentally responsible manner; we will collaborate with others to reachconsensus on controversial issues; we will work to build trust internally and externally; we will upholdour commitments and be accountable; and we will strive to be effective, not just efficient.

My next steps involved outlining a comprehensive set of objectives with the management team. Staffsand individuals participated in establishing specific performance expectations which would lead to ourorganizational success. Along with rebuilding management's credibility, I began the process of externaldamage repair through a series of meetings and discussions seeking recommendations from ourcustomers. I simultaneously hired a contractor to go out in the community to identify key concerns.After compiling and analyzing the information from external sources, I initiated a series of successfulcollaborative efforts to address the resource management issues of most concern to the public. Whenwe began to walk the walk internally, the tension level subsided substantially, and we became a morefocused, effective, and trusted organization that is now viewed as adding value to the community. TheBLM in Farmington is now on a sustainable path, with a culture change and proactive attitude which willoutlast my tenure.Building and nurturing relationships has been vital to my success. Although I provided significantrecognition to those assisting me, I should have been more sensitive in offering personal feedback tothose I disappointed with decisions not aligned with their personal preferences. I trust those Idisappointed know their views were carefully considered, but they should have heard it from me.

blm foia response 8-26-10

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