UB FSA Audit

Robert Galbraith filed this request with the State University of New York at Buffalo of New York.
Tracking # 17-123, 17-124
Status
Rejected

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:

Any audit conducted by the university audit department of the Faculty-Student Association investigating spending by Dennis Black and other university employees.

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: Robert Galbraith

Mr. Hines,

I'd like a copy of the Faculty-Student Association as well as the memo referenced in this Buffalo News article (http://buffalonews.com/2017/09/07/frequent-travel-led-unraveling-ub-executives-thefts/) that was sent to the state Inspector General.

Thanks,

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 September 8, 2017.

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 17-123.

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: 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 September 11, 2017.

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 17-124.

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: Hines, Brian

Mr. Galbraith,

This is in response to your request under the New York state Freedom of Information Law (FOIL) dated September 8, 2017 in which you requested "Any audit conducted by the university audit department of the Faculty-Student Association investigating spending by Dennis Black and other university employees."
The records you seek are covered by attorney client privilege and are exempt from disclosure under section 87(2)(a) of Freedom of Information Law. Section 87(2)(a) of the Law, states that an "agency may deny access to records or portions thereof that: (a) are specifically exempted from disclosure by state or federal statute;" Further, these records are intra-agency materials that are not final agency policy or determination. There is an ongoing investigation and these records fall under Section 87(2)(e) of Freedom of Information Law. Section 87(2)(e) states "are compiled for law enforcement purposes and which, if disclosed, would: i. interfere with law enforcement investigations or judicial proceedings;".

Therefore, your request for records is denied.

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.

Sincerely,

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 state Freedom of Information Law (FOIL) dated September 8, 2017 in which you requested "Any audit conducted by the university audit department of the Faculty-Student Association investigating spending by Dennis Black and other university employees."
The records you seek are intra-agency or inter-agency materials that are not final agency policy or determination. Further, there is an ongoing investigation occurring and these records fall under Section 87(2)(e) of Freedom of Information Law. Section 87(2)(e) states "are compiled for law enforcement purposes and which, if disclosed, would: i. interfere with law enforcement investigations or judicial proceedings;".

Therefore, your request for records is denied.

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.

Sincerely,

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

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