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Saturday, November 21, 2009

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BUFFALO

City seal on invitations questioned

NEWS STAFF REPORTER

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When Peter A. Reese received an invitation to attend Mayor Byron W. Brown’s State of the City address, the Buffalo lawyer thought about attending the Jan. 29 event.

Then he spotted something he considered odd. The official city seal was at the top of the invitation. At the bottom, it explained that proceeds from the $35-a-plate luncheon would go to a nonprofit charity controlled by Brown.

What’s more, nowhere on the invitation did it state that citizens could attend the speech for free if they didn’t want to be fed. This year’s policy is the same as it was in the prior two years — attendees are expected to have tickets if they attend the function in the Buffalo Niagara Convention Center.

Reese, a self-described “state Public Officers’ Law warrior,” thinks the event raises a thorny question.

“If this is a private function, he shouldn’t be using official city seals,” said Reese, adding that the invitation also includes the Citi-Stat Buffalo icon, another official government logo.

Reese plans to ask the city’s Board of Ethics to review the matter.

He acknowledged that some people might accuse him of nitpicking.

“But it’s not nit-picking when the mayor is using official seals for what appears to be a private event,” Reese replied. “Could I use public property for a private function?”

Brown deferred questions to Peter K. Cutler, his chief spokesman. Cutler dismissed Reese’s criticism, insisting there’s nothing wrong with using a State of the City speech to raise money for a nonprofit group called Mayor Brown’s Fund to Advance Buffalo. Established in 2006, the charity promotes youth programs, scholarships, workplace training, financial literacy and other civic causes.

“The money that’s raised is only used for public purposes,” said Cutler.

That’s not the issue, countered Reese. The fund might be doing great things, he said, but it’s still not an official city entity.

Brown’s predecessor, former Mayor Anthony M. Masiello, sponsored State of the City luncheons. But Masiello’s events also accommodated citizens who didn’t want to pay for meals; tables were set up for participants who just wanted to hear the address. Prior to the Masiello era, Mayor James D. Griffin delivered his State of the City speeches in the old Aud Club in Memorial Auditorium. Some of Griffin’s addresses were sponsored by the Building Owners and Managers Association.

But even if prior mayors had done the same as Brown, it wouldn’t make it right, Reese argued.

bmeyer@buffnews.com


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