Touhy Requests

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

Arizona State Office

One North Central Avenue, Suite 800

Phoenix, Arizona  85004-4427

 

September 11, 2013

In Reply Refer to:

1872 (9300) P

Supersedes IM No. AZ-2009-029

 

EMS TRANSMISSION  09/16/2013

Instruction Memorandum No. AZ-2013-030

Expires:  09/30/2014     EXPIRED

 

To:                   All Employees

 

From:               State Director

 

Subject:            Touhy Requests

 

Purpose:  This Instruction Memorandum (IM) sets forth policy and procedures applicable when an employee is served with a subpoena or otherwise receives a request for testimony concerning information acquired while performing official duties or because of an employee’s official status or for official records specifically for use in judicial, legislative, and administrative proceedings.  These types of requests are referred to commonly as “Touhy (pronounced ‘too-ee’) Requests” (named after a 1951 U.S. Supreme Court case) and are governed by 43 C.F.R. Part 2, Subpart H (§§ 2.80 through 2.90) (“Touhy Regulations”).

 

Policy/Action:  No employee may testify or produce records in any proceeding to which the Touhy Regulations apply unless authorized by the State Director.  Any employee receiving a Touhy Request must notify their supervisor immediately, who promptly will notify and forward the request to the State Litigation Coordinator (9300).  The State Litigation Coordinator will coordinate Touhy Requests with the Phoenix Field Solicitor’s Office (“Solicitor’s Office”).  The Solicitor’s Office will correspond directly with Touhy Requesters as necessary to ensure that all Touhy Requests comply with the Touhy Regulations.  Upon receipt of a Touhy Request that fully complies with the Touhy Regulations, the Solicitor’s Office will consult with, and provide a recommendation to, the State Director, who will decide whether to grant or deny the Touhy Request (in accordance with Bureau of Land Management Manual (BLM) 1203, Delegation of Authority, Subject Codes 1823 and1872).  The Solicitor’s Office then will notify the requester in writing of the State Director’s decision.

 

Timeframe:  This policy is effective immediately.

 

Budget Impact:  None.

 

Background:  Under the Touhy Regulations, the U.S. Department of the Interior’s (DOI) general policy is not to allow its employees to testify or produce DOI records sought in a Touhy Request.  However, if a Touhy Request is made in accordance with the Touhy Regulations, the DOI will consider whether or not to allow the requested testimony or production of records.  This policy ensures the orderly execution of DOI’s mission and programs while not impeding any proceeding inappropriately.  Touhy Requests often are made by attorneys and involve litigation.  If not handled appropriately, Touhy Requests can escalate into adverse proceedings against the BLM.  Having the Solicitor’s Office correspond directly with Touhy Requesters on behalf of the State Director should eliminate that risk and facilitate the Touhy Request process.

 

Manual/Handbook Section Affected:  None.

 

Coordination:  This IM has been coordinated with the Solicitor’s Office.

Contact:  Questions about this IM may be addressed to Linda Garrison, State Litigation Coordinator, at 602-417-9542 (State Office) or 602-364-7896 (Solicitor’s Office).

 

SIGNED BY                                                     AUTHENTICATED BY

Raymond Suazo                                                Susan Williams

State Director                                                    Staff Assistant