UB Buffalo Niagara Partnership Records

Robert Galbraith filed this request with the State University of New York at Buffalo of New York.

It is a clone of this request.

Tracking # 16-081
Due July 29, 2016
Est. Completion Oct. 14, 2016
Status
Awaiting Response

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:

All meeting minutes, board resolutions, and other records relating or referring to meetings of the board of directors of Buffalo Niagara Partnership produced, sent, or received by Satish Tripathi as the representative of the State University of New York at Buffalo on the Buffalo Niagara Partnership board of directors.

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 July 23, 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 16-081.

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,

We are unable to respond to your Freedom of Information Law (FOIL) request within twenty (20) business days from our last letter dated July 26, 2016 because of the volume of FOIL requests I have received, the difficulty in retrieving the documents requested, and the need to review the documents to determine if they are 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 October 14, 2016.

Brian T. Hines
Records Management Officer
University at Buffalo
420 Crofts Hall
Buffalo, NY 14260
716-645-5464

From: Hines, Brian

Mr. Galbraith,

We are unable to respond to your Freedom of Information Law (FOIL) since our last communication because of the volume of FOIL requests I have received, and the difficulty reviewing documents to determine if they are 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 November 29, 2016.

Sincerely,

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

From: Hines, Brian

Mr. Galbraith,

We are unable to respond to your Freedom of Information Law (FOIL) since our last communication dated October 14, 2016 because of the difficulty in reviewing documents that may be 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 January 27, 2017.

Sincerely,

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

From: Hines, Brian

Mr. Galbraith,

We are unable to respond to your Freedom of Information Law (FOIL) since our last communication dated November 29, 2016 because of the difficulty in reviewing documents that may be 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 March 10, 2017.

Sincerely,

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

From: Hines, Brian

Mr. Galbraith,

Pursuant to your request, under the provisions of the Freedom of Information Law, Article 6 of the Public Officers Law, disclosable documents responsive to your request are enclosed. I attempted to email these documents to you on March 10, 2017 but I received mail delivery failed message because the email was larger than the size limit for messages to your email. I will be sending out at least one other email containing more files that are responsive to your request. We do object to your request on the basis that it is not reasonably described as required under POL §89(3) in that it does not provide a date field for responsive records. However, notwithstanding and without waiving such objection, we have provided records dating back 1 year from your request. Some parts of the documents have been redacted under POL § 87(2)(b), as their release would constitute an unwarranted invasion of personal privacy under POL §89(2). Further, some redactions have been made under POL § 87(2)(d) as the documents contain information which if disclosed would cause substantial injury to the competitive position of the subject enterprise.

If you wish to appeal any part of this decision, you must do so in writing within thirty (30) days of your receipt of this email. The appeal must be directed to: FOIL Appeals Officer, Kellie Dupuis, Associate Counsel, Office of University Counsel, SUNY Plaza, Albany, New York 12246.

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

From: Hines, Brian

Attached are the other records I referenced in my previous email.

From: Robert Galbraith

Mr Hines:

I apologize for not providing dates for which I am seeking records. To clarify: I am seeking records for the entirety of Dr. Tripathi's tenure on the Buffalo Niagara Partnership board of directors in his capacity as President of the University at Buffalo, beginning in 2011 through the present.

With respect to redactions, these records do not specify which material is being withheld under which exemption. As you know, an agency withholding records must "articulate 'particularized and specific justification' for not disclosing the requested records" (Gould v. New York City Police Department, 89 N.Y.2d, 267, 275 citing Matter of Fink v Lefkowitz, 47 N.Y.2d 567, 571). Please send me copies of these records with an indication of which material is being withheld under which exemption.

Records may be sent to me through the email provided by MuckRock, or to my work email at robert@public-accountability.org. File size may necessitate sending more than one email. Alternatively, you may send the requested records on a CD-ROM to my office at 89 Rhode Island Street, Buffalo, NY 14213.

Best,

Robert Galbraith

From: Robert Galbraith

Mr. Hines,

When can I expect to receive copies of responsive records with indications of which specific exemptions apply to each redaction? Also, when I can expect to receive the rest of the records requested for the full time period I indicated?

Best,

Robert Galbraith

From: Robert Galbraith

Mr. Hines,

I have not heard back from your office about when you will provide responsive records with particularized justifications for specific redactions, as is required under the Freedom of Information Law. If I do not hear back by the end of the day, I will be forced to appeal this denial of my request to SUNY Central.

Thank you,

Robert Galbraith

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