Buffalo Niagara Partnership FOIL Communications

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. Any and all records of written or electronic communications between any staff of the University at Buffalo Office of Policy and Operational Excellence and the Buffalo Niagara Partnership related or referring to FOIL Request Number 16-081.

2. Any and all records of written or electronic communications between any staff of the University at Buffalo Office of the President and the Buffalo Niagara Partnership related or referring to FOIL Request Number 16-081.

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

Mr Hines:

I still have not received confirmation that you received my FOIL request for communications with the Buffalo Niagara Partnership related to FOIL request Number 16-081 dated March 14, 2017.

If I do not receive such confirmation by the end of the day and an estimate of when responsive records will be made available, I will be forced to file an appeal with SUNY central.

Thank you,

Robert Galbraith

Mr. Hines,

Again, you have failed to articulate particularized and specific justification for redactions made to records responsive to my request. Further, neither section of the Public Officers Law you have cited as blanket justification for withholding records applies to my request.

As I indicated explicitly, my request was not being made for commercial purposes. You have no reason to suspect that information released pursuant to my request would be used for "commercial or fund-raising purposes" so your reliance on §89(2)(b)(iii) is perplexing.

Moreover, none of the information that appears to have been redacted was "reported in confidence to [SUNY Buffalo]." That information is, in fact, relevant
to the ordinary work of your office, so your reliance on §89(2)(b)(v) is also flawed.

Most mind-boggling is your citation of §87(2)(g), the "inter-agency materials" exemption. Despite the University at Buffalo's participation in it, the Buffalo Niagara Partnership is not a public agency. Communications with the Partnership are not protected under §87(2)(g).

As such, I have appealed this brazen and inappropriate denial to SUNY Central.

Sincerely,

Robert Galbraith