That's a lot of balls!

It’s good to know that Artvoice isn’t the only paper that gets blown off by the State University of New York. Click here to read an Albany Times Union editorial describing how SUNY clammed up to USA Today—when that paper was simply trying to find out the salary of Stony Brook’s basketball coach. Of over 230 schools the national newspaper contacted for such information, only Stony Brook stonewalled. USA Today filed a Freedom of Information Law request, still, Stony Brook claimed the public salary was a “trade secret,” and said that divulging the sensitive information would hurt Stony Brook’s ability to retain coaches.

According to the USA Today account (available here): “Disclosure of such information would enable SBU’s 345 Division I competitor institutions to modify their employment agreements and/or use such information in an attempt to lure SBU’s coaching talent to their own institutions,” SUNY Freedom of Information Law Appeals Officer Geraldine Gauthier states in her denial letter.

The Times Union claims it took a phone call from them to SUNY Chancellor Nancy Zimpher on behalf of USA Today before Stony Brook Media Relations Officer Lauren M. Sheprow released some apparently redacted information—explaining SBU sometimes decides to release stuff it considers to be exempt from FOIL.

Here’s how Gas Business Briefing, an industry trade website, covered last week’s $22 million deal between EnergyMark, LLC and the State University of New York:

Ever wanted to ask a public entity to open its books? There’s a way to go about it, and you don’t have to be a journalist, lawyer, or rocket-scientist to find out how to use the Freedom of Information Law. According to the statute, you just have to be a person.

Join attorney Peter A. Reese, AV editor Geoff Kelly and AV associate editor Buck Quigley today (11/29, 4:30pm) on the 14th floor Common Council conference room of City Hall for a FREE public forum organized by Micaela Shapiro-Shellaby at the Coalition for Economic Justice.

Learn to jump over the hurdles and through the hoops involved in forcing public officials to disclose public information to the public. It’s fun! And filing FOIL requests gives publicly-paid Records Access Officers something to do with their work time. Be sure to bring any questions you may have about shady government groups.

Ever wanted to ask a public entity to open its books? There’s a way to go about it, and you don’t have to be a journalist, lawyer, or rocket-scientist to find out how to use the Freedom of Information Law. According to the statute, you just have to be person.

Join attorney Peter A. Reese, AV editor Geoff Kelly and AV associate editor Buck Quigley tonight (10/18, 5:30pm) in the back room at Allen Street Hardware (245 Allen Street) for a FREE public forum organized by Micaela Shapiro-Shellaby at the Coalition for Economic Justice.

Learn to jump over the hurdles and through the hoops involved in forcing public officials to disclose public information to the public. It’s fun! And filing FOIL requests gives publicly-paid Records Access Officers something to do with their work time. Be sure to bring any questions you may have about shady government groups.

Today’s installment of the Capitol Pressroom with Susan Arbetter features an interview with Robert Freeman, Executive Director of the NYS Committee on Open Government. Freeman offers his opinions on my recent (unsuccessful) court case seeking disclosure under FOIL of records held by the UB Foundation(s).

Click here to listen to the podcast. Freeman’s segment starts at 24:30.

Thanks to a Freedom of Information request made by Artvoice, you can click here to read the April 7, 2009 review of UB’s Physical Medicine and Rehabilitation Department, which led to the decision to close the unit.

In supplying the information to Artvoice, SUNYAB Information Officer James Jarvis wrote, “I note that your indication that the report was the sole basis for the termination of the program is presumptive, but nevertheless, I think this is the document you are looking for.”

The review, conducted by the Accreditation Council for Graduate Medical Education, lists 11 substantial compliance citations, and warns: “At the time of the next review, the program’s accreditation status will be in jeopardy if these areas have not been addressed satisfactorily and/or other major areas warranting citation develop.”

The next survey was coming up around February, 2011. UB decided to close the department rather than bring it up to snuff.

Simpson* was quoted as saying, “If something’s hard to do, then it’s not worth doing.”

Among the many shortfalls, the report cites limited scholarly activities for the physician faculty, inaccuracies in program information submitted for review, and faculty devoting insufficient time to fulfill supervisory and teaching responsibilities.

“Concerns were expressed over the program’s perceived emphasis of service over education,” the report states.

On the topic of professionalism: “Residents must demonstrate a commitment to carrying out professional responsibilities and an adherence to ethical principles,” but at UB, “it was not evident that the program provides a structured learning activity by which residents develop a commitment to carrying out professional responsibilities and an adherence to ethical principles. There was also no description as to how the program promotes professional behavior by residents and faculty.”

Here’s a thought: Maybe if SUNYAB were to go back to performing as a university, rather than reinventing itself as an “economic driver” run by the business community, it wouldn’t have to continue suffering academic embarrassments like this.

Just listen to the message you get when you call the Physical Medicine and Rehabilitation Department today. Is this any way to build up Buffalo’s reputation in the medical/academic community?

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*Homer Simpson, not outgoing UB President John Barclay Simpson.

The Albany Times Union has won its case against the SUNY Research Foundation. The cagey group had sought to avoid compliance with the Freedom of Information Law by denying reporter James Odoto’s request for “time sheets and documents concerning the work of Susan Bruno, the former special assistant to Research Foundation President John J. O’Connor.”

The ruling by Acting Supreme Court Judge Gerald W. Connolly directs the SUNY Research Foundation “to provide petitioners with immediate access to the records specified in petitioners’ FOIL request.” In addition, the respondents must pay legal fees and court costs to the Hearst Corporation, owners of the Times Union.

Click here to read the ruling.

Sound familiar? It does to me.

And you know, I’m sitting here reading this blow-off letter I received from the UB Foundation on August 19, which reads, in part: “The University at Buffalo Foundation, Inc., UB Foundation Activities, Inc., UBF Corporation, UBF Faculty-Student Housing Corp. and FNUB, Inc. are not subject to the provisions of the New York State Freedom of Information Law (FOIL)…”

The letter goes on to tell me to have my lawyer talk to their lawyer at Hodgson Russ LLP, if I have any further questions.

So I’m thinking that might not be a bad idea.

Click here to read the one page, hand-delivered reply I received one week ago today from UB Foundation Activities, Inc., reaffirming their contention that they operate beyond the reach of the Freedom of Information Law.

This is how they respond to a member of the press. Just imagine how they would respond to an inquiry from Joe Public.

If the seven various UB Foundations are acting to “provide support services to the State University of New York at Buffalo by assisting in the furtherance of their tax-exempt purpose,” as they claim on their tax forms, wouldn’t those noble activities be something they would like to share with the community? With their employees? With their alumni?

The answer here is “no.” It appears they’ll now need to pay Hodgson Russ LLP to do their talking for them, because sharing information with the public is just not the way they like to do things.