The NCUA's Office of Inspector General has denied a Credit Union Times' Freedom of Information Act request to obtain a copy of the investigation report regarding the alleged conduct of an examiner at the $32 million Commodore Perry FCU.
The denial, according to a letter sent Friday from Sharon Separ, counsel to the Inspector General, was in response to a request for “a copy of the Office of Inspector General's 2012 report regarding an investigation of a complaint Commodore Perry FCU made against examiner Roger A. Clark as well as any other OIG reports that involve Mr. Clark.”
Not only did the NCUA say the request was an “unwarranted invasion of personal privacy”, Separ said it is NCUA OIG policy to “neither confirm nor deny that such records relating to a third party or parties exist.”
Furthermore, Separ said, the request for the OIG's report “does not present a public interest justification that would overwhelm the privacy interest of a third party.”
The public interest justification, the OIG attorney said, must “produce evidence that would warrant a belief by a reasonable person that an alleged Government impropriety might have occurred.”
The NCUA said Oct. 9 the OIG could not substantiate Commodore Perry's claims that Clark harassed employees or retaliated against the credit union in the form of a riskier CAMEL score after management complained about the alleged incidents.
The Oak Harbor, Ohio-based credit union will plead its exam appeal case before the NCUA's Supervisory Review Committee on Nov. 7.
{ The story line:
- Oct. 26, 2012 Commodore Perry Appeal Set for Nov. 7
- Oct. 25, 2012 CPFCU Prez, Attorney Say Appeals Process Dodges Real Issue
- Oct. 25, 2012 Appeals Panel Can Toss Commodore Perry Exam Findings
- Oct. 24, 2012 Ohio CU Left Wondering How to Prep for Appeal
- Oct. 11, 2012 NCUA Stands by Examiner in Harassment Appeal
- Oct. 9, 2012 NCUA Buys Time in Commodore Perry Appeal
- Oct. 4, 2012 Commodore Perry FCU Says Documentation Proves Claims
- Oct. 3, 2012 Ohio CU Says NCUA Examiner Harassed, Retaliated }
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