Here’s the decision and order handed down by Judge Frederick J. Marshall today, regarding the show cause order brought Monday, May 4, to compel the speedy disclosure of campaign finance information pertinent to the Tuesday, May 5 Buffalo school board election.

In a nutshell, we, the plaintiffs, lost. Marshall ruled that we “did not exhaust (our) administrative remedies” under FOIL. Of course, exhausting our administrative remedies would have provided us with the information only long after the school board election was over, so what were a handful of curious citizens to do?

Speaking to this issue, the Judge writes: “As enunciated by this Court at a hearing held on May 4, 2009, Section 1529 of the Education Law does not require the Clerk to make copies of candidates’ financial disclosure statements, but only provides that the records ’shall be open to public inspection.’ Such is the will of the New York State Legislature with respect to financial disclosure of Board of Education candidates, even though with respect to other elections, copies of financial disclosures are freely provided to members of the public and the requirements of FOIL are not, to the knowledge of this Court, ever invoked. The New York State Legislature is advised to address this issue should it so desire.” (emphasis added)

Addressing the issue of Buffalo Students First expenditures, “the Court finds that there is no evidence supporting the petitioner’s contention that the expenditures by Buffalo Students First were made with the permission of any of the respondent candidates. And while Education Law Section 1528(1)(c) does not require a non-candidate to list expenditures, the statement filed by Buffalo Students first lists expenditures of over $30,000, exceeding the $25 limit imposed by that section. Again, however, the Legislature has provided no remedy to an aggrieved party, nor does it define such conduct as a criminal offense. Again, this is an area that the Legislature is advised to address should it so desire.” (emphasis added)

Further, “Since Buffalo Students First, as an affiliate of Buffalo Niagara Partnership, has filed its required disclosure statement pursuant to Section 1528(1)(c) of the Education Law that portion of the petition requiring them to do so is dismissed as moot. This Court has not overlooked the fact that the statement filed by Buffalo Students First was not filed until after this proceeding was commenced. The statute implies, in this Court’s opinion, that a sworn statement should have been filed with the Clerk and the Commissioner prior to the making of such expenditures. Yet again, the Legislature provides no remedy.” (emphasis added)

While further legal actions are being contemplated, we hope the suggestions of the Court are considered by State Legislators Crystal Peoples and Antoine Thompson, who both appeared on a Buffalo Students First mailer supporting the incumbent school board candidates—mailed in violation of the Education Law spending limits, and likely the statute that prohibits the use of assumed names which have not been properly registered.

Maybe they can introduce changes to the Education Law in Albany that would bring it more in step with Election Law when it comes to the release of campaign finance information to the public and the press.

According to documents obtained by Artvoice today, Buffalo Students First has spent $30,036 to advance the campaigns of Buffalo school board incumbents Catherine Collins, Chris Jacobs, and Florence Johnson, as of April 30.

Buffalo Students First is described by Buffalo Niagara Partnership Director of Government Relations Glenn Aronow as “a coaltion of businesses, community organizations and stakeholders, and school choice advocates that support progressive reforms and policies in educating Buffalo school children.”

Among the beneficiaries of BSF’s expenditures is Unity Coalition, Inc. The group received $4,000 from BSF between March 5 and April 3. According to records filed with the Erie County Clerk’s Office in 1995, Unity Coalition, Inc., was formed “to promote political action and awareness, and to do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof.”

The unity coalition incorporation documents were signed by Arthur  O. Eve, Jr., who is currently in line for the position of Democratic Deputy Commissioner of Elections.

In other important school board election news, the Erie County Board of Elections has indicated that any voters who have already submitted absentee ballots for disqualified candidate Fred Yellen may still cast a vote for another candidate by doing so at their designated polling place on the day of the election. We are awaiting word from elections officials on how else any such absentee voters can change their vote, now that their candidate is out of the running.

Yellen was scratched from the list of candidates last Saturday, April 25, after an objection to his signature petitions was filed by Herbert Bellamy, Jr—notarized by Aronow.

The Buffalo school board election is Tuesday, May 5—now just four days away.

At 5:55pm yesterday, after our weekly print issue went to press, look what showed up in my email inbox. It’s a letter from Michael J. Looby, legal counsel to the Buffalo School District. Nice of him to stay in touch.

Attached are those highly sensitive financial disclosure papers that I requested on Monday, April 20, and was allowed to see, but not copy on Thursday, April 23.

Is it a coincidence that Looby responded just a few hours after receiving this Show Cause Order?

“Campaigns report required information in eclectic ways,” he writes, “not necessarily using a standardized form. Accordingly, until seeing the actual filings, it is not possible to ascertain if a given report might contain information which we are prohibited from transmitting, or which is statutorily exempt.”

Translation: It took the legal staff of the BPS nine days to reach the same conclusion I came to in half an hour last Thursday—that there were no Social Security numbers included in the 24 pages that constitute the candidates’ financial statements.

Looby then followed up with an email to me at 6:36pm yesterday, asking me to forward the attachment to another petitioner named in the Show Cause Order. It’s the same 24 pages of documents with a different cover letter, asking me again to remit $6.00 for the PDF. So, looks like I’m up to $12 in debt to the Buffalo Board of Education for essentially the same information.

At this rate, he could just fill up my email inbox with the same documents, over and over, until my bill equals any shortfall in next year’s school budget.

Read it and weep, folks. Today’s the deadline for candidates to file their April 30 updated financial disclosures. Prediction: The incumbents drop theirs off at the William Street Post Office at 11:59pm tonight. They will arrive at City Hall on Saturday. On Monday, the BPS legal cousel will begin the laborious task of scouring them for SS numbers. The school board election will take place on Tuesday, so no one will know in time just how much money was poured into the attempt to elect the incumbents to their $5,000/year positions.

Unless, of course, the 11am court date Monday compels them to release this clearly public information in an immediate manner.

The Coalition for Economic Justice has put together an informative piece of literature for city voters, in preparation for the May 5 Buffalo School Board Election, one week from today.

Seven of the original nine candidates responded to questions that were posed by moderator Allison Duwe at the candidates forum sponsored by CEJ at the True Bethel Baptist Church on April 21.

Incumbent Florence Johnson did not attend the event, so there are no responses from her. Challenger Fred Yellen did attend, and provided thoughtful answers—however, he was scratched from the ballot on Saturday, April 25, after a successful signature petition challenge from Herbert Bellamy Jr. and Buffalo-Niagara Partnership Director of Government Relations Glenn Aronow.

Visit the Coalition for Economic Justice Web site to download the School Board Voter’s Guide, or simply click here.

Get educated about the candidates, and get out and vote on Tuesday, May 5.