> Sent: Saturday, April 26, 2025 at 10:03 PM
> From: "James Lamb" <JimLamb@usa.com>
> To: presmail@albany.edu
> Cc: "Laurence Socci" <laurence.socci@soccilawfirm.com>, "Moore, Kathleen" <kathleen.moore@timesunion.com>, Editor-In-Chief <theasp.eic@gmail.com>, sbeal@albany.edu, Sa@albany.edu, sapresident@albany.edu, Tpettit@albany.edu, saethics@albany.edu, fsanai@albany.edu, mchristakis@albany.edu, FOIL <foil@albany.edu>, Coog@dos.ny.gov, dosCOOG@dos.ny.gov, emadappatt@albany.edu
> Subject: Legal Demand for UAlbany President Rodriguez to Declare the April 23, 2025 SA Budget Meeting Unlawful
>
>
>
> Dear President Rodriguez,
>
>
> As you know, I am a UAlbany alum (Class of 1991), former SA President (1988-89), former Dippikill Board member over the span of 15 years, a significant 1844 Society donor to the University to the tune of thousands of dollars, and a UAlbany Fund donor to Dippikill. As a proud alum, I have built a network of 20 past SA presidents that form the SA Presidents' Coalition designed to guide current student leaders, and I operate an informal SA Alumni Society, which has over 1,000 members on social media designed to keep past SA leaders in touch with each other, and network with students to help them find employment post graduation.
>
> In December, after pulling teeth, the University finally gave me its pre-existing Dippikill fundraising link and authorized me to spread it to alumni wanting to help Dippikill because of the purported "financial difficulties" that SA represented to the Times Union, copied here, and the public was the reason for the November 2024 Dippikill closure. That turned out to be untrue.
>
> In exchange for my long term involvement and loyalty to UAlbany over these past nearly 40 years since I first stepped foot on campus in 1986, I received a bogus threatening email from UPD after launching a Change.org/SaveDippikill petition and because I dared to exercise my right as a Dippikill alumni stakeholder to plead with current student leaders through a few emails to their official Albany.edu email addresses, which they use in connection with their student government positions, asking them to reopen Dippikill and not sell the facility as VP Sanai told me the Student Association has been considering since the Spring of 2024. What followed was an unethical media smear campaign by SA and the University against me designed to make me look like a fool in the media who was spreading untrue rumors.
>
> You and I both know, sir, that this is NOT the way for the University to treat an alum of my stature and record of service and the University still owes me an apology.
>
> Thereafter, the Student Association came clean and told the truth last month, that the closure was not related to financial difficulties at all as they had represented and after they had falsely induced alumni donations to Dippikill, including my own $1,000 payment, but really due to a Dippikill employee overtime claim, which they had now settled. However, they still did not open the facility and instead invoked a procedure in their bylaws required to be followed in order to sell Dippikill as I had warned alumni and the public through my petition in good faith, including an admittedly poorly-noticed "public hearing" which they dubbed a "public forum," an obvious farce and sham.
>
> After I requested documents to be sent to me 24 hours in advance of the Senate Meeting, which is my right under the Public Officers law, which they ignored, and after I pointed out they failed to hold an open properly-noticed ad hoc committee public meeting to deliberate their recommendation (despite the fact their attorney serves on the committee), they held a bogus last minute committee meeting two hours before the Senate meeting on a mere one hour's notice, which is clearly not reasonable under the law, by posting on Instagram and hiding a confusing notice on their Dippikill website page obscurely meshed with a previous notice... hardly in a prominently-placed, clear and conspicuous fashion.
>
> Then, on Wednesday night, April 23rd, the Student Association met for its annual budget meeting. At the onset of the meeting, the Student Senate Chair copied here called for "public comments." There were many alumni in attendance who wished to address the SA Senate in reference to Dippikill. Dippikill staff also wished to address the Senate in reference to its obvious pre-conceived plan to defund Dippikill upon receipt of the unlawful ad hoc committee's "recommendation," which was ultimately the result in terms of eliminating funding for Dippikill staff positions. The Senate Chair unlawfully refused to allow these members of the public to speak on the basis they were not undergraduate students. As you know, COOG has ruled this to be non-compliant with the following opinion, on which, you and SA were also copied in unusual COOG fashion... perhaps to make sure you personally 'got the memo:'
>
>
> Sent: Friday, April 25, 2025 at 2:40 PM
> From: "dos.sm.Coog.InetCoog" <dosCOOG@dos.ny.gov>
> To: "James Lamb" <JimLamb@usa.com>
> Cc: "presmail@albany.edu" <presmail@albany.edu>, "laurence.socci@soccilawfirm.com" <laurence.socci@soccilawfirm.com>, "Tpettit@albany.edu" <Tpettit@albany.edu>, "Moore, Kathleen" <Kathleen.Moore@timesunion.com>, "Editor-In-Chief" <theasp.eic@gmail.com>, "sapresident@albany.edu" <sapresident@albany.edu>, "Sa@albany.edu" <Sa@albany.edu>, "saethics@albany.edu" <saethics@albany.edu>, "sbeal@albany.edu" <sbeal@albany.edu>
> Subject: RE: Request for Advisory Opinion on Restrictions on Public Comments
>
> Good morning Mr. Lamb,
>
> The Open Meetings Law (OML) is silent with respect to public participation at meetings, and public bodies have no obligation to hear public comment at their meetings. When public bodies choose to allow public participation, this office has advised that rules should be adopted and that any such rules must be reasonable and treat members of the public equally. See OML-AO-5607[https://docsopengovernment.dos.ny.gov/coog/otext/o5607.htm In our view, a public body must allow any member of the public to participate if it offers a public comment period at all and it would be unreasonable to adopt a rule that only allows persons from a particular group to speak, such as undergraduate students attending a university.
>
> Sincerely,
>
> Miguel-Carlo Bautista
> Assistant Attorney 2
> Pronouns: he/him/his
>
> New York State Committee on Open Government
> One Commerce Plaza, Albany, NY 12231
> (518) 474-2518
> http://www.opengovernment.ny.gov[http://www.opengovernment.ny.gov/]
>
>
> This refusal to allow alumni to speak prevented them from exercising their right to free speech during "public comments" to influence the outcome of SA's budget deliberations, was discriminatory, and violated these alumni's rights not only under state law and the state Administrative Procedure Act, but under Federal Law as well insofar as their First Amendment right to free speech at a public comment session was denied... and their right to petition the SA as a "public body" (according to COOG) for redress of grievances, as well as their Fourteenth Amendment right to due process, which cannot lawfully be infringed by a state or state public official under color of law. As you know, violations of citizens' civil rights are actionable through 42 U.S. Code § 1983 - Civil action for deprivation of rights lawsuits against public officials individually.
>
> Over the past month, the NYS Committee on Open Government has issued various advisory opinions stating SA and the Dippikill subsidiary are public bodies bound by FOIL and the Open Meetings Law. These advisory opinions have been passed on by me to both SA and the University. The most recent opinion was received today, Saturday April 26, 2025 from the COOG Deputy Director and Counsel, on which, you and the VP for Student Affairs were copied. That email appears below at the end of this email due to the length of that thread.
>
> There are two items worth noting here. First, it is highly unusual for COOG staff to work on a Saturday, but it appears they are frustrated by the number of non-compliant actions I have brought to their attention, which appear to constitute multiple violations of law by SA. Second, it is unusual for COOG to copy other parties in my experience but they have indeed copied the University and SA on the communication below as well.
>
> Immediatly below is written evidence of SA's misguided refusal to allow anyone to speak during public comments but undergraduate students, which I hope the VP for Student Affairs will help the next incoming student leaders understand they cannot lawfully do:
>
>
> From: Madappatt, Ethan J [mailto:emadappatt@albany.edu[mailto:emadappatt@albany.edu]]
> Sent: Wednesday, April 23, 2025 6:34 PM
> To: assistantdirector <assistantdirector@dippikill.com[mailto:assistantdirector@dippikill.com]>
> Subject: RE: request to speak at the Senate meeting this evening
>
> Good evening,
>
> I hope all is well. Unfortunately, only student activity fee paying undergraduate students may speak during public comment. Thank you and I hope you have a great day.
>
> Sincerely,
> Ethan Madappatt
>
> Because non-student members were not allowed to speak, the result of the meeting, including the Dippikill budget, can be declared an invalid action by a court of appropriate jurisdiction under the law.
> I am therefore hereby demanding you please advise me by Tuesday April 29, 2025 close of business that you have advised the students that they must hold a new budget meeting on Wednesday, April 30, 2025 because you have declared the April 23, 2025 meeting unlawful due to their Open Meetings Law violation, that they must allow anyone from the public, including Dippikill staff adversely affected by a defunding decision, to speak their peace at future meetings that include a public comment section, including bringing to SA and the University's attention that Dippikill is today under attack by looters who think after reading the Times Union article, Dippikill assets are up for grabs thereby endangering Dippikill staff and their children who live on the property, and revote on all items in the SA budget or you will refuse to sign the budget because that would make you an accessory to the Open Meetings Law violations and an enabler of their violation of law.
> Should I not receive such a certified assurance from you by 5pm Tuesday that you have so instructed the SA to redo the budget meeting, properly notice it, and allow the public to speak during their public comment section, I am prepared to have my attorney copied here immediately request an emergency TRO on Wednesday morning in Federal court on the basis of the aformentioned alleged Constitutional violations commanding you not to sign the SA budget until a hearing can be held and then we will seek a temporary injunction from the court for the duration of the proceeding.
>
> I trust I make myself clear that SA Alumni will not tolerate any further violations of our Constitutional rights by either SA or the University and that we demand the University hold SA accountable to the law and you put an end to these unlawful shennanigans.
>
> Thank you.
>
> Sincerely,
>
> /s/ JAMES LAMB
> Class of 1991
>
>
> Sent: Saturday, April 26, 2025 at 12:45 PM
> From: "dos.sm.Coog.InetCoog" <dosCOOG@dos.ny.gov>
> To: "James Lamb" <JimLamb@usa.com>, "FOIL" <foil@albany.edu>
> Cc: "Laurence.socci@soccilawfirm.com" <Laurence.socci@soccilawfirm.com>, "mchristakis@albany.edu" <mchristakis@albany.edu>, "fsanai@albany.edu" <fsanai@albany.edu>, "presmail@albany.edu" <presmail@albany.edu>, "Sa@albany.edu" <Sa@albany.edu>, "sapresident@albany.edu" <sapresident@albany.edu>, "saethics@albany.edu" <saethics@albany.edu>, "Tpettit@albany.edu" <Tpettit@albany.edu>
> Subject: Re: New FOIL request for a copy of the certificate(s) of insurance for Dippikill
>
> For clarification, the Committee on Open Government has advised that the SA is a public body subject to the Open Meetings Law. SUNY Albany is an agency subject to the requirements of the Open Meetings Law. As the Student Association is a division of SUNYA, records maintained by the Student Association and Dippinkill are records subject to rights of access under FOIL.
>
> Kristin O’Neill
> Deputy Director and Counsel
>
>
> ------------------------------------------------------------
>
> From: James Lamb <JimLamb@usa.com>
> Sent: Friday, April 25, 2025 6:36:35 PM
> To: FOIL <foil@albany.edu>
> Cc: Laurence.socci@soccilawfirm.com <Laurence.socci@soccilawfirm.com>; Laurence Socci <laurence.socci@soccilawfirm.com>; mchristakis@albany.edu <mchristakis@albany.edu>; fsanai@albany.edu <fsanai@albany.edu>; presmail@albany.edu <presmail@albany.edu>; Sa@albany.edu <Sa@albany.edu>; sapresident@albany.edu <sapresident@albany.edu>; saethics@albany.edu <saethics@albany.edu>; Tpettit@albany.edu <Tpettit@albany.edu>; dos.sm.Coog.InetCoog <dosCOOG@dos.ny.gov>
> Subject: Fw: Fw: RE: New FOIL request for a copy of the certificate(s) of insurance for Dippikill
>
>
> ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.
>
>
> Follow up FOIL request...
>
> I hereby request copies of any and all insurance claims filed by Student Association and/or Dippikill, Inc. since January 1st, 2024 for any and all insurance policies maintained, including, but not limited to, the attached D&O/Employment Practices policy.
>
> I remind you that COOG copied here has advised both SA and the Dippikill Inc subsidiary are public bodies subject to FOIL and you are the umbrella agency required to comply.
>
> Thank you.
>
> /s/ JAMES LAMB
> Class of 1991
>
> >
> > > Sent: Wednesday, April 16, 2025 at 4:32 PM
> > > From: FOIL <foil@albany.edu>
> > > To: "James Lamb" <JimLamb@usa.com>
> > > Cc: "Laurence Socci" <laurence.socci@soccilawfirm.com>
> > > Subject: RE: New FOIL request for a copy of the certificate(s) of insurance for Dippikill
> > >
> > > Dear Mr. Lamb,
> > > In follow up to the partial record production from yesterday April 15, 2025 in response to your FOIL request dated January 27, 2025, we have identified an additional four responsive records. Those records are attached to this email.
> > > This response concludes the record production for your FOIL request dated January 27, 2025. There is no charge for this response.
> > >
> > > You may appeal this determination in part or in whole, in writing, citing any basis consistent with the Public Officers Law for release of the records within (30) days of your receipt hereof to:
> > > FOIL Appeals Office
> > > c/o Office of General Counsel
> > > The State University of New York
> > > H. Carl McCall SUNY Building – 353 Broadway Albany, NY 12246
> > > 518-445-4040
> > >
> > > Sincerely,
> > > Anette Lippold
> > >
> > >
> > > Anette Lippold, Ph.D.
> > > Chief Enterprise Risk Management & Compliance Officer Office of Enterprise Risk Management & Compliance University Hall 212 | 1400 Washington Ave., Albany NY 12222 Phone 518-956-8120 | https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.albany.edu%2F&data=05%7C02%7CdosCOOG%40dos.ny.gov%7Cf1eb1b259556419479d508dd8449a83b%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638812174407536577%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=G0KLgHW9y6ltxORpK9aZXJtFLPnw%2BrFIkb5dgsjEuZE%3D&reserved=0[http://www.albany.edu/]
> > >
> > >
> > >
> > > -----Original Message-----
> > > From: FOIL <foil@albany.edu>
> > > Sent: Tuesday, April 15, 2025 2:46 PM
> > > To: James Lamb <JimLamb@usa.com>
> > > Cc: Laurence Socci <laurence.socci@soccilawfirm.com>
> > > Subject: RE: New FOIL request for a copy of the certificate(s) of insurance for Dippikill
> > >
> > > Dear Mr. Lamb,
> > >
> > > With my apologies for the delay, I am acknowledging your email below. We have to date identified two records responsive to your request dated January 27, 2025, for certificates of insurance for Dippikill. Those records are attached to this email. There is no charge for this response.
> > >
> > > We are in the process of identifying possible additional responsive records for your records request, but will need a few additional days to complete that process. We will reach out to you with that determination no later than April 25, 2025.
> > >
> > > You may appeal this determination in part or in whole, in writing, citing any basis consistent with the Public Officers Law for release of the records within (30) days of your receipt hereof to:
> > > FOIL Appeals Office
> > > c/o Office of General Counsel
> > > The State University of New York
> > > H. Carl McCall SUNY Building – 353 Broadway Albany, NY 12246
> > > 518-445-4040
> > >
> > > Sincerely,
> > > Anette Lippold
> > >
> > >
> > > Anette Lippold, Ph.D.
> > > Chief Enterprise Risk Management & Compliance Officer Office of Enterprise Risk Management & Compliance University Hall 212 | 1400 Washington Ave., Albany NY 12222 Phone 518-956-8120 | https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.albany.edu%2F&data=05%7C02%7CdosCOOG%40dos.ny.gov%7Cf1eb1b259556419479d508dd8449a83b%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638812174407556907%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ULK%2BRckkD8iNAjMxel2hZPajROUHiRDWG%2BEkl%2Fd9wXI%3D&reserved=0[http://www.albany.edu/]
> > >
> > >
> > >
> > > -----Original Message-----
> > > From: James Lamb <JimLamb@usa.com>
> > > Sent: Sunday, April 13, 2025 8:34 PM
> > > To: FOIL <foil@albany.edu>
> > > Cc: Laurence Socci <laurence.socci@soccilawfirm.com>
> > > Subject: Fw: New FOIL request for a copy of the certificate(s) of insurance for Dippikill
> > >
> > > Status?
> > >
> > > > Sent: Monday, January 27, 2025 at 11:53 PM
> > > > From: "James Lamb" <JimLamb@usa.com>
> > > > To: FOIL <foil@albany.edu>
> > > > Cc: "Moore, Kathleen" <kathleen.moore@timesunion.com>, Editor-In-Chief
> > > > <theasp.eic@gmail.com>, "Laurence Socci"
> > > > <laurence.socci@soccilawfirm.com>
> > > > Subject: New FOIL request for a copy of the certificate(s) of
> > > > insurance for Dippikill
> > > >
> > > >
> > > >
> > > > Thank you.
> > > >
> > > > This is a new FOIL request for copies of the certificate(s) of insurance in full force and effect for Dippikill as of January 1 2025, if any.
> > > >
> > > > Sincerely,
> > > >
> > > >
> > > > /s/ JAMES LAMB
> > > > 1775 I. Street NW, Ste 1150
> > > > Washington, DC 20006
> > > >
> > > >
> > > >
> > > > Sent: Monday, January 27, 2025 at 4:19 PM
> > > > From: "FOIL" <foil@albany.edu>
> > > > To: "James Lamb" <JimLamb@usa.com>
> > > > Subject: UAlbany FOIL request - Dippikill bylaws
> > > >
> > > > Dear Mr. Lamb:
> > > > Your request dated December 4, 2024, for “any and all iterations of the Dippikill Corporate Bylaws” has been granted. We have determined that there are three records responsive to your request. Copies of all these records are attached.
> > > >
> > > > There are no fees associated with this request. We hope that the attached records will be of good use to you.
> > > >
> > > > You may appeal this determination in part or in whole, in writing, citing any basis consistent with the Public Officers Law for release of the records within (30) days of your receipt hereof to:
> > > > FOIL Appeals Office
> > > > c/o Office of General Counsel
> > > > The State University of New York
> > > > H. Carl McCall SUNY Building – 353 Broadway Albany, NY 12246
> > > > 518-445-4040
> > > >
> > > >
> > > > Anette Lippold, Ph.D.
> > > > Chief Enterprise Risk Management & Compliance Officer Office of
> > > > Enterprise Risk Management & Compliance University Hall 212 | 1400
> > > > Washington Ave., Albany NY 12222 Phone 518-956-8120 |
> > > > https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.albany.edu%2F&data=05%7C02%7CdosCOOG%40dos.ny.gov%7Cf1eb1b259556419479d508dd8449a83b%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638812174407569772%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=P4tHEiRncLUiZb6miL8uFBEosZpM8WEiwKF9Yb%2FoNYQ%3D&reserved=0[https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.albany.edu%2F&data=05%7C02%7CdosCOOG%40dos.ny.gov%7Cf1eb1b259556419479d508dd8449a83b%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638812174407581661%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=8rDSc%2FVjrQ3qkFpKsmEWV27vNhLGKFBCKAbQaXPLAaE%3D&reserved=0][http://www.albany.edu/]
> > > >
> > > >
> > > >
> > > >
> > > >