Scanlon campaign violated ethics laws

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Acting Mayor Chris Scanlon.

Chris Scanlon, Buffalo’s acting mayor, hasn’t yet formally declared his candidacy for a full four-year term, but already he’s stumbled over laws prohibiting incumbents from using their offices to promote their campaigns.

Scanlon last Thursday held a fundraiser — checks payable to his campaign committee — at developer Doug Jemal’s Seneca One building in downtown Buffalo. Invitations to the fundraiser were mailed in envelopes that used the mayor’s second-floor office for a return address.

That’s a violation of local, state and federal laws that prohibit public employees from using their offices for political purposes.

Investigative Post received images of two such envelopes, one sent to a South Buffalo address, the other to a Parkside address.

Deputy Mayor Brian Gould, speaking on behalf of Scanlon’s campaign, acknowledged the transgression. 

“This was an error in the printing,” Gould told Investigative Post.

Gould said the printer of the invitations and envelopes — SB Marketing, located on Exchange Street — was given a file with a return address for Friends of Christopher P. Scanlon, the acting mayor’s campaign committee. 

“Everything sent to him was totally proper,” Gould said.

But SB Marketing had equipment problems and subcontracted the print job to another company. That subcontractor unilaterally decided to use the mayor’s office for a return address, according to SB Marketing’s Steve Lang.

Lang declined to identify the company that made the substitution. 

“This was my mistake. I’m taking responsibility for it,” Lang told Investigative Post.

The city’s ethics code includes a section on “abuse of position,” that prohibits city officials and employees from using their positions “to secure unwarranted benefits, privileges or exemptions for himself or herself or for others.” Those “benefits” include political donations.

The state’s Civil Service Law prohibits the use of an office “occupied for any governmental purpose” to “send or direct any letter or other writing” for the purpose of soliciting a political contribution.

Or, in the plain English used by the state’s Commission on Ethics and Lobbying on its website: “State offices may not be used for soliciting or collecting any political contributions.”

The federal Hatch Act also applies, as its rules bind state and local public officials “who work in connection with programs financed in whole or in part by federal loans or grants.” That covers nearly every City of Buffalo employee, including the acting mayor. The Hatch Act, among other prohibitions, says covered officials cannot use their offices to solicit “anything of value” — time, money, services, etc. — for a political campaign.

Last Thursday’s fundraiser — $100 per person, with sponsorship packages ranging from $250 to $1,000 — was the second of the week for Scanlon. Last Tuesday Ellicott Development’s William Paladino hosted a reception at the company’s 500 Pearl Street property, with tickets ranging from $500 to $2,500.

A contingent of community activists who successfully agitated for  the 2017 removal of William’s father, Republican Carl Paladino, from Buffalo’s school board held a demonstration outside the building. Carl Paladino endorsed Scanlon on the day of the fundraiser.

The next mandatory campaign finance disclosure filings are due to the state elections board on Jan. 15. Five candidates have declared themselves candidates for Buffalo mayor in next year’s elections: state Sen. Sean Ryan, retired Buffalo Fire Commissioner Garnell Whitfield, University District Council Member Rasheed Wyatt, retired Buffalo City Court Judge James McLeod and community activist James Payne.

Another candidate, emergency preparedness consultant Ryan Caughill, began tweeting his intention to run as an independent candidate in July. Last week he bowed out of the race and said he was supporting Whitfield.

Geoff Kelly