UB communications with UB FSA re: local food progam

Robert Galbraith filed this request with the State University of New York at Buffalo of New York.
Tracking # 16-072
Status
Rejected

Communications

From: Robert Galbraith

To Whom It May Concern:

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 communications related or referring to UB's local food purchasing program to and from the UB Faculty Student Association from January 1, 2015 through the present.

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 June 21, 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 16-072.

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 June 21, 2016 when you requested, “All communications related or referring to UB's local food purchasing program to and from the UB Faculty Student Association from January 1, 2015 through the present.” 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. Records of communications, particularly email communications, are not indexed by subject matter. In addition, your description of the records sought, “related to or referring to UB’s local food purchasing program,” is too broad to allow even for a productive search of terms in email. Therefore your description is insufficient for purposes of locating the records sought. If it is possible for you to identify the records sought more specifically, we may be able to identify and locate them.

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

From: Robert Galbraith

Mr. Hines:

I'm seeking records that refer to a program (about which I have communicated with you several times) called "Made In/Grown In Western New York," whereby UB claims to have purchased $3.9 million worth of food from local vendors. This program is described on these UB websites, which I shared with you at least 3 months ago: http://myubcard.com/sustain/food & http://myubcard.com/content/eating-local

While emails may not be indexed by subject matter, I would recommend searching emails to and from UB FSA for the terms "Made In/Grown In Western New York" (and variants thereof), "local food," "local procurement," "local purchasing," "sustainable food," "sustainable procurement," and "sustainability" (and variants thereof).

Best,

Robert Galbraith

From: Hines, Brian

Mr. Galbraith,
On June 21, 2016 you sent a request made pursuant to the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, asking for: “All communications related or referring to UB's local food purchasing program to and from the UB Faculty Student Association from January 1, 2015 through the present.” On August 4, 2016 I sent an email asking you to identify the records you seek more specifically so that we may be able to identify and locate them. Your response did not identify the records more specifically but actually broadened the search for records as you added more terms and phrases to the request for records.

Therefore, we object to your June 21, 2016 FOIL request on the basis that it is not reasonably described as required under POL §89(3) in that your request for records is overly broad.

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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