Click here to read the Show Cause Order filed today by attorney Peter A. Reese seeking to impel the release of financial information pertaining to the upcoming Buffalo school board election on May 5.

Five qualified voters are the petitioners seeking, among other things, the release of this public information. The respondents are superintendent James A. Williams, BPS clerk James M. Kane, school board members Christopher L. Jacobs, Catherine Collins, and Florence D. Johnson, the Buffalo Niagara Partnership, Buffalo Students First, and NYS Commissioner of Education Richard P. Mills.

The court date is set for Monday, May 4 at 11am. Hon. Frederick J. Marshall, J.S.C. presiding.

Additional relief sought includes, in the alternative, the filing of revised campaign statements by the incumbents, or an injunction against further participation in school board elections by the Buffalo Niagara Partnership and/or Buffalo Students First.

“Of interest, the section of the education law which allows the judge to order filing or revision of campaign statements contains a provision allowing the judge to grant immunity from criminal prosecution and thus compell testimony. Such a course of action would require further proceedings and take much more time than can be accommodated prior to the May 5 election,” Reese adds.

The petitioners’ primary objective on Monday will be to obtain a bench court order requiring the immediate release of all documents filed with clerk James M. Kane, pursuant to the conduct of the 2009 Buffalo school board election.

Here’s the letter from BPS Assistant Legal Counsel Kelly Gale Eisenried, faxed to Artvoice Wednesday afternoon, explaining why they wouldn’t immediately release public documents pertaining to the school board election that’s now just 11 days away. The letter offered me the opportunity to “examine” the records, so Thursday morning I went to City Hall, where Chief of Staff James Kane handed me a slim folder of public documents. I was allowed to look, but not to have copies.

Here are the notes I took. There is no standard form for the candidates to fill out, so the info is pretty hodgepodge. No big surprises. Chris Jacobs has raised and spent the most—over $13,000 spent—while challenger John Licata lists no contributions, putting him $131.59 in the hole. The other incumbents, Catherine Collins and Florence Johnson join Jacobs at the head of the pack, money-wise. All these figures are expanding as we speak, and the grand totals won’t be known until April 30. Then there’s another disclosure date after the election is over.

I would have liked to supply the voting public with more legible information, but both Eisenried and schools General Counsel Michael J. Looby have explained that they need time to scour the documents for sensitive information like Social Security numbers before the unwashed masses can view them.

It took me about forty minutes to go through and take notes. I didn’t see any Social Security numbers anywhere, but what do I know? I’m not a lawyer. Just because I’m a nice guy, I redacted the phone numbers I jotted down in my notes.

But I’m not so nice that I’d just walk away from this violation of our right to access public information without a fight. Click here to read the demand for access that was dropped off at city hall this morning.

Tomorrow, Tuesday, April 21 at 6:30pm, stop by the True Bethel Baptist Church (907 East Ferry) where all of the candidates but one have agreed to attend a forum organized by the Coalition for Economic Justice. Incumbent Florence Johnson has not yet confirmed her participation, according to an event coordinator.

Candidates will have (more…)