36 CFR § 1012.9 - What criteria will the Presidio Trust consider in responding to my Touhy Request?

---
identifier: "/us/cfr/t36/s1012.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 1012.9 - What criteria will the Presidio Trust consider in responding to my Touhy Request?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "1012.9"
section_name: "What criteria will the Presidio Trust consider in responding to my Touhy Request?"
chapter_name: "PRESIDIO TRUST"
part_number: "1012"
part_name: "LEGAL PROCESS: TESTIMONY BY EMPLOYEES AND PRODUCTION OF RECORDS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 460bb appendix; 40 U.S.C. 102; 44 U.S.C. 2901 and 3102."
regulatory_source: "74 FR 42030, Aug. 20, 2009, unless otherwise noted."
cfr_part: "1012"
---


# 1012.9 What criteria will the Presidio Trust consider in responding to my Touhy Request?

In deciding whether to grant your *Touhy* Request, the Executive Director will consider:

(a) Your ability to obtain the testimony or records from another source;

(b) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and

(c) The Presidio Trust's ability to:

(1) Conduct its official business unimpeded;

(2) Maintain impartiality in conducting its business;

(3) Minimize the possibility that the Presidio Trust will become involved in issues that are not related to its mission or programs;

(4) Avoid spending public employees' time for private purposes;

(5) Avoid any negative cumulative effect of granting similar requests;

(6) Ensure that privileged or protected matters remain confidential; and

(7) Avoid undue burden on the Presidio Trust.