Pepsi and Coke (State University of New York at Buffalo)

Carolyn Komatsoulis filed this request with the State University of New York at Buffalo of New York.
Est. Completion None
Status
No Responsive Documents

Communications

From: Carolyn Komatsoulis


To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

- A copy of any and all contracts (including associated amendments and exhibits) awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision of beverages or other goods in any facilities under the purview of this organization, including all activities and buildings associated with athletics, sports, dining services, or otherwise. If this agency does not have a contract with either of the named companies, please provide the equivalent agreement with the currently employed company.

- If the contract(s) was cancelled, any and all materials related to its cancellation.

- If the contract was cancelled, the statement from the university about cancellation.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Carolyn Komatsoulis

From: State University of New York at Buffalo

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

Ms. Komatsoulis,

Please be advised that I am in receipt of your Freedom of Information Law (F.O.I.L.) request dated August 7, 2018.

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 18-107.

Sincerely,

Brian T. Hines

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Michele Murphy
Policy and Operational Excellence
University at Buffalo
Email: mfdunn@buffalo.edu<mailto:mmurphy@business.buffalo.edu>

From: State University of New York at Buffalo

Dear Ms. Komatsoulis,

This is in response to your Freedom of Information Law (FOIL) request dated August 7, 2018. We are denying your request to the extent it seeks records from the State University of New York at Buffalo's affiliated private entities. Any request for records possessed by those entities should be sent directly to them.

FSA - Campus Dining and Shops
University at Buffalo
146 Fargo Quad
Ellicott Complex,
Buffalo, NY 14260

Thus, the State University of New York at Buffalo has no documents responsive to your request.

Should you wish to appeal this decision, you must do so in writing, within 30 days of your receipt of this letter. Appeals must be addressed to:

Hank Bennett
FOIL Appeals Officer
SUNY System Administration
353 Broadway, SUNY Plaza
Albany, NY 12246

Sincerely,

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

From: Carolyn Komatsoulis

Good evening,

I'm confused by this message. What do you mean by affiliated private entities?
Are you letting me know that specific contract requests need to be directed to the department that handles the contract itself? Or are you suggesting I request the records directly from Pepsi or Coke?

Would any similar requests for contracts be denied similarly?

Thanks,
Carolyn

From: State University of New York at Buffalo

Under FOIL, all records an agency holds are available, except to the extent that records or portions thereof fall within one or more grounds for denial appearing in ยง87(2)(a) through (l) of the Law. The records you request are not held by this state agency. They are held by the Faculty Student Association (FSA). The FSA is an affiliated private entity of the University at Buffalo. Records of affiliated private entities are not subject to FOIL, see Quigley v University at Buffalo Foundation, Inc, Index 12370/2010.

Similar records that are held by these affiliated private entities would be treated similarly.

Sincerely,

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

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