Russell v. United States General Services Administration

935 F. Supp. 1142, 1996 U.S. Dist. LEXIS 12248
CourtDistrict Court, D. Colorado
DecidedAugust 22, 1996
DocketCivil Action No. 95-B-2554
StatusPublished

This text of 935 F. Supp. 1142 (Russell v. United States General Services Administration) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. United States General Services Administration, 935 F. Supp. 1142, 1996 U.S. Dist. LEXIS 12248 (D. Colo. 1996).

Opinion

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff, Major Gregory L. Russell (Major Russell), moves for partial summary judgment on his first claim for relief. Russell asserts that the United States General Services Administration’s (GSA) release to the Air Force of his financial records contained in the GSA/GOVT-3 system of records violated the Privacy Act. 5 U.S.C. § 552a(b). The GSA and Air Force filed a cross-motion for summary judgment on both Major Russell’s claims under the Privacy Act. For the reasons set forth in this order, I will grant defendants’ cross-motion for summary judgment.

I.

The facts pertaining to this ease are set forth in Russell v. Department of the Air Force, 915 F.Supp. 1108 (D.Colo.1996) (Russell I). In Russell I, Major Russell asserted that American Express’ and Citicorp Diner Club’s (Citicorp) release of financial records to the Air Force, generated under the government travel program, violated the Right to Financial Privacy Act (RFPA), 12 U.S.C. § 3401 et seq. The financial records were generated pursuant to credit card contracts among GSA the Air Force and Citi-corp/American Express. These contracts provide for issuance of government credit cards to military personnel for official business use only. In Russell I, I held that under the RFPA the Air Force is the “authorized representative” of the cardholder and, thus, a customer of American Express/Citieorp Diner Club. As such, it was entitled to the financial records to the same extent as the credit cardholder. Therefore, the release of the financial records from Citi-corp or American Express to the Air Force did not violate the RFPA

The GSA contracts required Citicorp and American Express to assemble and maintain monthly reports on government cardholder accounts. These reports include an account aging report which is sent to the Air Force each month. This report lists every government cardholder’s account, with delinquent amounts listed in columns headed 30-60-90-120 days. American Express also sends out a separate 60-day list with the names of Air Force military personnel who are 60 days delinquent in paying their account. The GSA maintains the GSAGOVT-3 system of records entitled “Travel Charge Card Pro[1144]*1144gram.” Records generated from this program may be found' at American Express, Citicorp, GSA, and the finance office of the local installation of the agency which employs the individual, which in this case is the United States Air Force Academy (USAFA) finance office.

When American Express took over the credit card program from Citicorp in 1993, Major Russell was sent a card application form. At the bottom of the form was the following language:

In accordance with the Privacy Act ... the following notice is provided: The information requested on the charge card application form is collected ... for the purpose of recording travel expenses incurred by the employee/member and to claim entitlements and allowances prescribed in applicable federal travel regulations. The purpose of the collection of this information is to provide Government agencies necessary information on the commercial travel and transportation payment and expense control system which provides travelers with charge cards for official travel and related expenses, attendant operational and control support and management information reports for expense control. Routine uses which may be made of the collected information are as follows: (1) transfers to appropriate Federal, State, local, or foreign agencies when relevant to civil, criminal, administrative, or regulatory investigations, (2) pursuant to a request of another Federal agency in connection with hiring, (3) to a Member of Congress or to a Congressional Staff Member in response to an inquiry of the Congressional Office made at the reqúest of the individual about whom the record is maintained, (4) to officials of labor organizations when necessary to their duties or exclusive representations, (5) to a Federal agency for accumulating reporting data and monitoring the systems, (6) GSA contract travel agents assigned to agencies for billing of travel expenses, (7) listings, reports, and records to GSA by the contractor to conduct audits of carrier charges to the Government, and (8) any other use specified by GSA in the system of records entitled “Travel Charge Card Program GSA/GOVT-3” as published in the Federal Register periodically by the GSA

Pursuant to an investigation into Major Russell’s use of funds associated with the Cadet Forensics Team, various Air Force officers and agents obtained financial records from the GSA/GOVT-3 system of records at the USAFA finance office. No GSA officer or employee works at the USAFA finance office.

II.

Summary judgment shall enter where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). If a movant establishes entitlement to judgment as a matter of law given uncontrovert-ed, operative facts contained in the documentary evidence, summary judgment will lie. Mares v. ConAgra Poultry Co., Inc., 971 F.2d 492, 494 (10th Cir.1992). The operative inquiry is whether, based on all the documents submitted, a reasonable trier of fact could find by a preponderance of evidence that the plaintiff is entitled to a verdict. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); Mares, 971 F.2d at 494. Summary judgment should not enter if, viewing the evidence in a light most favorable to the nonmoving party and drawing all reasonable inferences in that party’s favor, a reasonable jury could return a verdict for that party. Anderson, 477 U.S. at 252, 106 S.Ct. at 2512; Mares, 971 F.2d at 494.

III.

Major Russell claims that the disclosure of financial records to the Air Force by American Express, Citicorp and the GSA contained in the GSA/GOVT-3 system of records violated the Privacy Act because no consent to disclosure was obtained from Major Russell pursuant to 5 U.S.C. § 552a(b), and the agencies did not comply with 5 U.S.C. § 552a(e)(4). “The Privacy Act is based on the principles that there should be no secret federal information files or government data banks maintained on individuals [1145]*1145and that the dissemination of, and access to, personal information in government data banks should be strictly controlled.” Russell I, 915 F.Supp. at 1115.

The Privacy Act begins with the general rule that “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.” 5 U.S.C.

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Carmela Mares v. Conagra Poultry Company, Inc.
971 F.2d 492 (Tenth Circuit, 1992)

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Bluebook (online)
935 F. Supp. 1142, 1996 U.S. Dist. LEXIS 12248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-united-states-general-services-administration-cod-1996.