American Campus Communities Communications

Robert Galbraith filed this request with the State University of New York at Buffalo of New York.
Tracking # 16-127
Est. Completion Feb. 28, 2017
Status
No Responsive Documents

Communications

From: Robert Galbraith

Dear Mr. Hines:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request a copy of all records or portions thereof related to, or referring to the following:

1. Communications to and from any representative of American Campus Communities from 1997 through 2003 regarding the Flint Villege or Hadley Village student housing facilities.

I understand that there is a fee of $0.25 per page for duplication of the records requested; however, this request is a matter of public concern and is not being made for commercial usage. As such, I request that any fees associated with providing requested records be waived. I also request that documents be provided in electronic format if at all possible. Doing so would eliminate the need to copy the materials and provides another basis for my requested fee waiver.

If, however, such a waiver is denied, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

As you know, the Freedom of Information Law requires that an agency respond to a request within five (5) business days of receipt of such request. Therefore, I would appreciate a response as soon as possible.

If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. In any event, please provide a notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.

Thank you for your assistance in this matter; I look forward to hearing from you shortly.

Sincerely,

Robert Galbraith

From: Murphy, Michele

Sent on behalf of Brian T. Hines, Records Access Officer

Mr. Galbraith,

Please be advised that I am in receipt of your Freedom of Information Law (F.O.I.L.) request dated November 24, 2016.

I am currently determining the availability and accessibility of the requested document(s) and I expect to be in further contact with you within twenty business days. If you wish to make further inquiry regarding this particular FOIL request, please reference File Number 16-127.

Sincerely,

Brian T. Hines

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Michele Murphy
Policy and Operational Excellence
University at Buffalo
420 Crofts Hall, North Campus
________________________________
Email: mfdunn@buffalo.edu<mailto:mmurphy@business.buffalo.edu>
Tel: 716-645-6071

From: Hines, Brian

Mr. Galbraith,

This is in response to your Freedom of Information Law (FOIL) request dated November 24, 2016 when you requested, "Communications to and from any representative of American Campus Communities from 1997 through 2003 regarding the Flint Villege(sp) or Hadley Village student housing facilities." The Freedom of Information Law states in part that an applicant must "reasonably describe" the records sought as shown in §89(3) of the law. Your request is too broad to allow for a productive search of the terms you have stated. If it is possible for you to identify the records sought more specifically, we may be able to identify and locate them.

Sincerely,

Brian T. Hines
Records Access Officer
University at Buffalo
120 Crofts Hall
Buffalo, NY 14260

From: Robert Galbraith

American Campus Communities developed two housing projects on the University at Buffalo North Campus: Hadley Village and Flint Village.

I am seeking written and electronic communications between the University at Buffalo and American Campus Communities related to those projects from the time period in which those projects were developed, 1997 through 2003.

From: Hines, Brian

Mr. Galbraith,

Your request is still too broad. In order for me to conduct a productive search you will need to reasonably describe the records you are requesting. You are essentially asking me to search every file or “communication” at the University from the period 1997 to 2003 to determine if it was from American Campus Communities. That would create “an enormous administrative burden that would interfere with the day to day operations of an already heavily burdened bureaucracy.” Fisher & Fisher v. Davison, No. 8772/88-001, Supreme Court, New York County, Oct. 6, 1988.

Please reasonably describe the records you seek so I can conduct a productive search.

Sincerely,

Brian T. Hines
Records Access Officer
University at Buffalo
120 Crofts Hall
Buffalo, NY 14260

From: Robert Galbraith

Mr Hines,

I do not know how UB indexes its files. I have asked for all the written and electronic communications from 1997 to 2003 to and from a business entity, American Campus Communities, regarding the business that UB and its affiliates did with that entity in that time period. This is a very specific request. Other state agencies have had no problem releasing records of communications to and from specific entities that occurred in a specific time period.

Without personal knowledge of the exact contents of these records (which indeed is the entire reason I am requesting them), I cannot describe the records with any more specificity than the identity of the sender or recipient (again, American Campus Communities), the time period in which they were produced (again, 1997 through 2003), and the subject of the communications (again, Flint Village and Hadley Village).

This is not overly broad. I'm asking for a very specific set of records and have described them in more than enough detail for you to effect a search. If it would make it easier for you, please feel free to just send me all communications to and from American Campus Communities in that time period. I will be happy to go through them myself.

Best,

Robert Galbraith

From: Hines, Brian

Dear Ms. Galbraith,

I am unable to respond to your Freedom of Information Law (FOIL) request within twenty (20) business days from my communication dated November 29, 2016 because of the overly broad nature of your FOIL request and the difficulty to determine if we hold any documents responsive to your request.

It is anticipated that those records that you have requested that are disclosable under FOIL will be provided to you on or before February 12, 2017.

Brian T. Hines
Records Access Officer
University at Buffalo
120 Crofts Hall
Buffalo, NY 14260

From: Hines, Brian

Mr. Galbraith,

This is in response to your request under the New York Freedom of Information Law (FOIL) dated November 24, 2016. You request “Communications to and from any representative of American Campus Communities from 1997 through 2003 regarding the Flint Villege(sp) or Hadley Village student housing facilities.” The Freedom of Information Law states in part that an applicant must “reasonably describe” the records sought as shown in §89(3) of the law. We object to your November 24, 2016 Freedom of Information Law (FOIL) request on the basis that it is not reasonably described as required under POL §89(3). I contacted you on December 8, 2016 and December 16, 2016 asking you to reasonably describe the documents you are seeking. You were unable to do so. This request for records is overly broad. The University at Buffalo is made up of over 8,000 employees and over 28,000 students spanning 3 campuses. Searching for records which are “Communications to and from any representative of American Campus Communities from 1997 through 2003 regarding the Flint Villege(sp) or Hadley Village student housing facilities” would create an undue hardship on the employees at the University at Buffalo that would have to review emails, memo’s, letters, etc. from every record classified as a “communication” we hold during that time period to determine if any are responsive to your request.

Notwithstanding and without waiving such objection, we have searched for records that may exist in the department of Campus Living. Campus Living would typically have communications with a company such as American Campus Communities. After our search we have found no documents responsive to your request.

If you wish to appeal this decision, you may do so by submitting a written response, within 30 days, to Kellie Dupuis, SUNY FOIL Appeals Officer, 353 Broadway, Albany, NY 12246.

Sincerely,

Brian T. Hines
Records Access Officer
University at Buffalo
120 Crofts Hall
Buffalo, NY 14260

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