Curses! FOI(A/L)ed again!

One wonders why the University at Albany Police Department (UPD) and the University at Albany in general tend to cite the United States Freedom of Information Act (FOIA) rather than the New York State Freedom of Information Law (FOIL). The University at Albany is not a federal agency, after all, even though it does receive federal money.

The Office of Government Information Services (OGIS) of the National Archives and Records Administration (NARA), if I understand what OGIS wrote me correctly, indicated that UPD and UAlbany generally are wrong to be citing FOIA rather than FOIL, or at any rate if they mean "FOIA" to be a generic reference rather than the specific federal Freedom of Information Act (FOIA) that it's potentially misleading. I'm hoping OGIS will point that out to UPD and UAlbany.

• http://police.albany.edu/Request_report.shtml

"Information about filing general Freedom of Information Act (FOIA) requests may be found below. Use this form to make an Electronic FOIA (E-FOIA) request (You may also use this form to make a Privacy Act request.) The use of this form is voluntary. If you choose to submit a FOIA request electronically [...] If you are looking for other University records or you wish to file a non-Electronic FOIA (E-FOIA) request"

• http://police.albany.edu/Request_report_who.shtml

"These exceptions are provided for under the FOIA"

• http://police.albany.edu/RecordsRequest.pdf

"If you are not a party directly involved in the incident you are requesting information on you must file a Freedom of Information Act (FOIA) to obtain any record maintained by the University Police Department. FOIA requests may be filed electronically at http://police.albany.edu/Request_report.shtml or you may contact the University at Albany Records Access Officer" [underlining and boldface in original]

• http://m.albany.edu/contact.php

"Freedom of Information Act Requests"

• http://www.albany.edu/contact.shtml

"Freedom of Information Act Requests"

Records Access Officer(s)

• Records Access Officer #1

In most places, Lisa A. Taylor is identified as the Campus Records Access Officer:

"Freedom of Information Act Requests

The University at Albany's Records Access Officer is Lisa Taylor. You may access public records kept by the University at Albany by contacting the Records Access Officer through any of the following means:"

http://www.albany.edu/contact.shtml

• Records Access Officer #2

However, the albany.edu website mentions in some places that the Records Access Officer is the Assistant Vice President for Human Resources Management:

"FREEDOM OF INFORMATION

New York State's Freedom of Information Law may be found in Article 6 of the Public Officer's Law dated January 5, 1977. Article 87 of the Law gives the public access to agency records and the right to inspect and copy all records except those exempted by state and federal law. The Assistant Vice President for Human Resources Management has been designated the Campus Records Access Officer. Questions regarding the Freedom of Information Law as well as requests for access to public records should be directed to the Campus Records Access Officer"

University at Albany Handbook. http://www.albany.edu/senate/handbook_section2.htm

The University at Albany got the law right there at least: FOIL, not FOIA.

It may be that the Assistant Vice President for Human Resources Management once was but no longer serves as the Records Access Officer, in which case that Handbook should probably be corrected.

The Office of Human Resources Management (OHRM) Staff Listing http://hr.albany.edu/content/staff.asp identifies Jim Mancuso as Assistant VP for Human Resources Management.

• Records Access Officer #3

There's at least a third who's been identified as "the" Records Access Officer:

Freedom of Information Law (FOIL)

The New York State Freedom of Information Law governs what information about an applicant is considered public. Search Committee members should refer any outside inquiries about candidates to the Director of Media Relations who serves as the University Records Access Officer, (518) 442-4980.

"Professional Employment Procedures." http://hr.albany.edu/content/emplproc.asp

Karl Luntta is the Director of Media Relations according to http://www.albany.edu/news/mediaoffice.php

• Records Access Officer #4?

"Geoffrey P. Williams, University Archivist and Campus Records Officer"

"M.E. Grenander Department of Special Collections & Archives" - Contact the Department." University at Albany. https://library.albany.edu/speccoll/contact.htm

FOIL Appeals Officer

If any one of the three (or more?) people who are "the" Records Access Officer rejects a request (or fails to respond at all), it may be appealed. The FOIL Appeals Officer is Geraldine Gauthier. How does she handle FOIL appeals?

SUNY's FOIL appeals officer is Geraldine Gauthier:

"The contract of Coach Steve Pikiell was termed a 'trade secret' by Stony Brook's Freedom of Information Law officer, who provided a redacted deal. SUNY-central's Appeals Officer Geraldine Gauthier backed up the rejection, saying disclosure could hurt Stony Brook's chances of retaining 'coaching talent' and that the contract document has 'substantial commercial value.' […] Last year, [SUNY Chancellor Nancy] Zimpher hired Gauthier, who is paid $91,800. Gauthier told USA Today in her appeal response that 'the public has no interest in the redacted material.'"

Odato, James M. "SUNY discloses 'trade secrets' on head coaches." Albany Times Union. April 15, 2012. http://www.timesunion.com/local/article/SUNY-discloses-trade-secrets-on-head-coaches-3483976.php

"In determining whether to release the documents, the school searched both Wikipedia and Google, Gauthier said. That determined that there were up to 352 potential competitors in Division I. In addition, stories published in several media outlets about coach salaries proves the documents have 'substantial commercial value,' her letter states."

"The public has no interest in the redacted material withheld, or in the outside income reports, because none of it involves public funds," Gaulthier states in her letter. Pikeill's contract, however, gives no indication that bonuses or the car allowance, for example, are paid by anyone but the university.

Upton, Jodi and Steve Berkowitz. "Stony Brook works hard to keep coach's contract secret." USA Today. April 25, 2012. http://www.usatoday.com/sports/college/mensbasketball/ameast/story/2012-03-29/stony-brook-steve-pickiell-contract-secret/53838432/1

$91,800 salary, and one can blow off FOIL appeals by citing Google and Wikipedia? That's essentially citing "the Internet" and "a bunch of pseudonymous and anonymous people (and bots!) of varying degrees of honesty, expertise, and sanity." Sweet job!