Investigators can't find Davis at City Hall
When county and state investigators trekked to City Hall on Wednesday to question an embattled Common Council member, they couldn't find him.
That's because Ellicott representative Brian C. Davis did not show up for two Council committee meetings he is supposed to attend.
The Buffalo News reported in July that investigators have launched a criminal probe into Davis' financial dealings.
Erie County District Attorney Frank A. Sedita III would not say much about Wednesday's efforts to question Davis.
"Investigators from the State Police, accompanied by an investigator from the District Attorney's Office, went to interview him yesterday and were unable to do so," was the only thing Sedita would disclose.
In recent months, federal investigators also have obtained information related to Davis, the One Sunset restaurant deal and the city's block grant spending.
Meanwhile, Davis' most recent absences have rekindled talk among some Council members about tightening attendance rules for city lawmakers. Earlier this year, Davis missed four Council sessions … or nearly one-third of all meetings between January and mid-April.
Council members can miss committee meetings like the ones Davis missed Wednesday without being formally excused by lawmakers. But if they miss any full sessions that are held every other Tuesday, they must submit a notice that is voted on by lawmakers.
Council President David A. Franczyk said he has no reason to believe that Davis plans on missing the next session scheduled for Tuesday. But Franczyk said as the Council prepares for a reorganization that occurs every two years, the time might be right to discuss attendance policies.
"Maybe we need to dock one day of pay if someone has any unexcused absences," said Franczyk.
Other lawmakers want to consider a new rule that would require Council members to submit documentation that would justify why they can't attend meetings, arguing that taxpayers deserve to know the reasons for absences … even in general terms.
Davis, who could not be reached to comment today, previously said he missed meetings earlier this year because he was undergoing medical treatments.
Davis isn't the only Council member who missed some meetings this year. Michael J. LoCurto of Delaware underwent kidney transplant surgery, while Bonnie E. Russell of University had battled an illness that forced her to miss some sessions.
When talk of tightening attendance rules first surfaced in April, some lawmakers expressed concern that a new policy on accepting excuses could become politicized. The Council is divided into two factions that often find themselves on opposite sides of issues.
Davis has been a close ally of Mayor Byron W. Brown. The mayor was asked today about the possibility that the Council start taking a hard line on absences.
"That's for the Council to deal with," was all Brown would say. "It's a Council matter."
Meanwhile, Brown would not comment on the ongoing investigations except to confirm that certain agencies have sought documents.
(News Staff Reporter James Heaney contributed to this report.)
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