As the treasurer for Mayor Brown’s Fund to Advance Buffalo, I feel compelled to respond to respond to Mr. Kelly and Mr. Quigley’s article regarding the Fund and its association with the State of the City event (“Free At Last!” The News Briefly, Artvoice v8n5).

First and foremost, your article gives the distinct impression that the Fund receives a windfall in donations from the sale of tickets to the event, while the City bears the burden of the cost. This is disingenuous, and thoroughly misleading. While the Fund does enjoy a portion of the proceeds from the State of the City, it also finances the entire cost of the event. To not include this inconvenient fact in the article gives the impression that the Fund is raising funds at the expense of Buffalo’s taxpayers. This is clearly not the case.

Second, the article gives the impression that the Fund should be distributing the vast majority of its annual donations. However, the goal of the Fund is to become self-financing at some point, allowing it to continue its good work without future donations (i.e. be able to rely on interest and investment returns to continue serving the community). If the Fund was to distribute all of its annual donations, this reasonable goal (for which, incidentally, most foundations strive) would be unattainable. This is why statutes governing non-profit foundations mandate no more than a required 5% distribution of foundation assets annually—in order that they can become self-sustaining.

Third, it is mentioned twice in the article that the Fund files its taxes later in the calendar year, as if somehow that is nefarious or a cause for concern. Many individuals and legal entities file their taxes later in the year, and/or request extensions. Are these individuals and organizations doing something inappropriate? Of course not. This is often done to accommodate cash flow needs, to make sure that all financial records are obtained from disparate sources, or because of time considerations. I myself filed an extension for 2007, and I pay my taxes to the penny. It is irresponsible and flat-out wrong to infer that the Fund is somehow trying to circumvent the system or avoid full disclosure by filing later in the year.

Fourth, the article dwells on the fact that there are City employees that sit on the board (in addition to a number of private citizens, including myself and the Fund’s president—although this fact is not mentioned), and infers that this is somehow inappropriate. I am confused as to why Mr. Kelly and Mr. Quigley find this to be so odd. If I were to launch a foundation in my name, I would clearly pick people I know and trust to sit on the board. Those people would include individuals that I work with on a daily basis. In addition, the contra positive of this argument is that because individuals are City employees, they should be excluded from serving on any foundations associated with the mayor. In any event, the logic completely eludes me.

The last paragraph is where the dime finally drops after a half page of insinuation. Mr. Kelly and Mr. Quigley finally reach the apex (or nadir, as it were) of their discussion, which is that the Fund will somehow be used for campaign purposes later this year. This is patently absurd, and would be illegal. I find it astounding that without any basis in fact, Mr. Kelly and Mr. Quigley find it reasonable to lead their readers to this misplaced conclusion. Furthermore, it is an insult to all of the hard-working members of the board, both City employees and private individuals, to allude that any of us would violate our fiduciary duties in ever allowing this to occur. We are all donating our time to this foundation for the greater good of our community, and should (at the very least) be given the benefit of the doubt until we lose that privilege.

Aaron Siegel
Treasurer, Mayor Brown’s Fund to Advance Buffalo

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