BUFFALO, N.Y. — The scandal-plagued head of the Buffalo Water Board is in the spotlight again, this time about a lack of transparency in how it holds its meetings.
The Water Board through a hired publicist released a statement Friday that apparently was in response to a 2 On Your Side story that was published on Tuesday.
That story, about the New York State Committee on Open Government’s determination that the board violated the Open Meetings Law when it limited access to a public meeting in September, included an emailed response from Water Board Chair and Sewer Authority GM Oluwole “O.J.” McFoy.
Porsha Ari Parson, who is described in the statement on Buffalo Water letterhead as a publicist, released the following statement Friday: “Buffalo Water is committed to transparency and community partnership, which is why we've always welcomed customers to attend our public water board meetings. We appreciate our customers' interest in our work and their important role in holding us accountable."
Parson's statement went on to defend the practice of holding Water Board meetings not at City Hall — as multiple members of the Common Council have suggested — but in a conference room within a pumping station on Porter Avenue, behind a gate and security guard.
"Buffalo Water Board public meetings are held at the Colonel Ward Pumping Station conference room in LaSalle Park (Centennial), conveniently located just minutes from Downtown Buffalo. The space has free parking and is also equipped with large monitors and streaming technology for those who wish to attend virtually. Rescheduled meeting dates are announced at least 72 hours in advance. We have enhanced our website and procedures to ensure meeting minutes and recordings are available timely. Buffalo — Thank you for your trust and engagement in helping us serve you better!”
The NY State Committee on Open Government in Albany in a letter to 2 On Your Side says the board violated the Open Meetings Law when it limited access to a public meeting in September.
The committee also said the agency appears to have violated the law by not posting the minutes of its meetings online. Governments are required to post meeting minutes within two weeks but the water board had not done so since June. The board on Wednesday posted the minutes of its previous three meetings online.
The Committee also said two other potential violations of the Open Meetings Law that 2 On Your Side outlined in a letter last week did not violate the law, including the practice of holding meetings at the pumping station.
But some are hoping Acting Mayor Christopher P. Scanlon will push the board to do better or even to fire McFoy, who was appointed to the post 17 years ago by former Mayor Byron Brown and who also serves as general manager of the Buffalo Sewer Authority. McFoy, who is paid $120,000 per year, has also been criticized for failing to fluoridate Buffalo’s water and for traveling extensively to conferences in different states and countries.
McFoy and Parson's statement to 2 On Your Side was not sent in consultation with the Scanlon administration. Scanlon's aides have said he plans to make new transparency recommendations to the sewer and water authorities next week.
Sewer Authority board materials show that McFoy was scheduled to spend the week in Tucson, Ariz., from Nov. 10 to Nov. 15 for the National Association of Clean Water Agencies conference.
A 2 On Your Side Investigation in September found that since 2015, McFoy spent 297 weekdays traveling to water conferences in 23 states. He took a total of 55 work trips at an estimated cost of $161,000, according to sewer authority meeting minutes.
"Meetings should be held in City Hall in accessible places," said Paul Wolf, president of the New York Coalition for Open Government. "So my hope is Mayor Scanlon will make this a priority. We've seen time and time again where plenty of politicians have said that but the follow through has been lacking. Hopefully he'll be different. He can show us how committed he is to open government."