North Texas Association of Public Employees

A Division of the United Steelworkers Union

City of Dallas Civilian Employees FOIA Texas Open Records Request

TO: U.S. Department of Labor Occupational Safety & Health Administration 200 Constitution Avenue Washington, D.C. 20210 DATED: Wednesday, November 30, 2011 This is a request under the Freedom of Information Act, the Texas Open Records Act, Chapter 552 of the Government Code (formerly V.T.C.S. article 6252), as well as Article I, Sec. 8 of the Texas Constitution, the First Amendment to the United States Constitution, the common law of the State of Texas and any statue providing for public access to government information: I hereby request the following items for the McCommas Bluff Landfill, Dallas County; TCEQ Permit No. MSW 62: 1. Any and all documents, memo's, emails, and/or other information regarding passage of the "Dallas, TX Flow Control" Ordinance No. 28427, filed with and/or sent to the U.S. Department of Labor, Occupational Safety & Health Administration, from the City of Dallas or the City of Dallas Sanitation Department on behalf of private contractors and private sector employees. 2. Any and all studies or reports concerning the implementation of "Dallas, TX Flow Control" Ordinance No. 28427 filed by the City of Dallas and/or the City of Dallas Sanitation Department. Please include studies or reports that show compliance with the Occupational Safety & Health Act, the Fair Labor Standards Act, and all other relevant state and federal environmental regulations. Please include information as it pertains to private contractors and private sector employees.

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union 1408 N. Washington, Suite #202, Dallas, TX 75204 Office (214) 760-7422 Fax (214) 760-7423 www.ntape.com

3. Please provide all information in unlocked .pdf, or .xls file formats. If you have any questions about the nature or scope of this request, please call me at the phone number listed below. If you determine that all or some portion of the information requested is excepted from required disclosure, I request that you provide me with the portions of the requested information that are public and reasonably segregable from that which you believe is excepted. If any records are in active use or in storage, please certify this fact in writing and set a date and hour within a reasonable time when the records will be available, as required by section 552.221 of the Act. If you determine that all or some portion of the information requested is excepted from required public disclosure under a particular exception, I request that you advise me as to which exceptions you believe apply. If you rely on previous determination, please advise me of the applicable court decision or Attorney General's opinion. If there is no such determination, please advise me of the request for such an opinion, as required under section 552.301 of the Act, and a dated copy of your letter to the Attorney General. I call your attention to section 522.353 of the Act, which provides penalties for a failure to release public records. SINCE THE LAW PERMITS YOU TO WAIVE OR REDUCE FEES WHEN PROVIDING SUCH INFORMATION IS PRIMARILY IN THE PUBLIC INTEREST, I REQUEST THAT YOU WAIVE ALL FEES SINCE MY CASE FITS THIS EXCEPTION. I appreciate your attention to this and expect to hear from your office within ten days, as provided by law.

Respectfully Submitted on 11-30-11, Stephen Benavides Public Employee Advisor United Steelworkers Local 9479 North Texas Association of Public Employees steel.workers@sbcglobal.net Office: 214-760-7422 Fax: 214-760-7423