BOPC responds – and I reply – to Caz Park pathway concerns

Posted by Arthur J. Giacalone on June 3, 2021
Posted in: Cazenovia Park, Christopher Scanlon, City of Buffalo, Olmsted Parks, South Buffalo. Leave a comment

On June 1,  I wrote here about my concerns regarding plans to remove about 700 feet of asphalt pathway in Cazenovia Park – alongside and providing views of the Cazenovia Creek.  On June 2, Stephanie Crockatt, Executive Director of the Buffalo Olmsted Parks Conservancy, replied by email to many of the issues that I raised concerning plans to remove the asphalt pathway and concrete steps at Cazenovia Park.  Ms. Crockatt’s correspondence confirms BOPC’s plan to, in fact, eliminate that portion of the upper pathway starting at Warren Spahn Way.  I share her correspondence below, and provide my initial response to her comments in brackets and bold print.  Also, I am attaching a pdf containing a slide presentation, provided to me on June 3 by BOPC’s Director of Planning and Advocacy, Brian Dold, reflecting Caz Park history and BOPC’s current proposal for pathway reconstruction, etc. Caz Park – June 2021 slide presentation

*****************

From: “Stephanie Crockatt”
To: AJGiacalone@twc.com
Cc: “Andy Rabb”, “Greg Robinson”, “Councilmember Scanlon – South”
Sent: Wednesday June 2 2021 4:33:51PM
Subject: Cazenovia Paths/Stairs

Mr. Giacalone and Ms. ______________,

The Conservancy appreciates your outreach on the topic of the pathway reconstruction along the southern edge of Cazenovia Creek.

As you may know, these paths have been in rough condition for years, with numerous complaints from the community.  Thankfully in working with the City and funding allocations, we were able to partner on a restoration project.

[AJG:  Every person with whom I have spoken in Caz Park since May 27 is pleased to hear that the bumpy and uneven condition of the asphalt pathway, primarily found between Cazenovia St. and the northern set of concrete steps, will be removed and replaced.  However, not one of the two or three dozen park-goers was aware of the plan to remove a 700-foot portion of the asphalt pathway that provides proximity and views of the creek.]

The project stems from our master plan’s five-year priority project update.  You may recall the Conservancy held several public input sessions throughout 2018 and into 2019 in working to determine projects the communities around the Olmsted parks would like to see elevated in attention and improvement.  Number 4 for Cazenovia Park is the pathways.

[AJG: I was in attendance at the Cazenovia Park public sessions in 2018-2019.  Not once did I hear anyone from BOPC state or suggest that pathway attention and improvements would involve removal of approximately one-third of the existing asphalt pathway along the creek’s shore.  The fact that South District Councilmember Christopher Scanlon – for whom pathway improvements is a very high priority – did not know on May 27 that any of the asphalt pathway would be removed and replaced by lawn reflects a failure by BOPC to keep our elected representative, much less the users of Caz Park, adequately informed.]

Yes, in this project there are areas where the path will be relocated to the correct historical alignment.  This is due to the fact that the current high pathway (and the staircases) were part of a DPW project – maybe 30 or 40 years ago – which tried to address the flooding, ice damming and other creek impacts on the park.

[AJG: The original plans for Cazenovia Park included a 20-acre recreational lake as its centerpiece, separated into two sections by a carriage bridge and featuring two islands.  As existing signage in the park describes, the original plan “allowed park-goers more access to the water than in other, larger parks.”  Later changes in the park altered “the once pastoral landscape” by introducing an ice-skating rink, community center, and an indoor swimming pool, etc.  The pursuit of “historic integrity,” by removal of a popular section of pathway that provides proximity and views of the creek not available from the “historic parallel route,” appears to be little more than a fanciful conceit attainable only at the expense of current park-goers (who now have the option of experiencing the contrasting ambience of either the high or low road).] 

The high berm constructed along the southern shore was not part of the Olmsted alignment or topography, and some of those higher paths have actually become a safety hazard.  The odd staircases are not historic and are not something the Conservancy would advocate to keep or even ask the City to continue for deferred maintenance expenses.

[AJG: The reality is that the high berm is not being eliminated and is, most likely, a permanent feature in the park and obstacle to any meaningful replication of the Olmsted alignment or topography.  The berm, along with the concrete steps, are a testament to the unrealistic nature of the original Olmstedian plans.  The “odd staircases” (which I believe have been there for more than a half-century) provide an excellent opportunity for educating the public about both the history of Caz Park and the difficulties of creating a park adjacent to a mighty creek.  Olmstedians should embrace such an educational effort.]

The process the Conservancy follows in such planning and design decisions is to first vet with the public, which we did in 2018-2019.  We then work with City parks and engineering on historic realignments, repairs or renovations in mapping out the project.  We pass the designs through our Design Review Committee with the Conservancy which is a group of community volunteers and professionals.  We then take final designs through to the Preservation Board for their approval, which also has a public input component.

[AJG: No matter BOPC’s intent, the vetting process as a means to educate and obtain the consensus of the public was extremely flawed.  The Preservation Board process added to the misinformation.  Not only was the subject line for the May 27 meeting devoid of any reference to removal-without-replacement of a significant section of asphalt pathway (“Reconstruct and realign asphalt pathways and remove concrete steps”), the publicly available documents lacked a narrative, and failed to include informative images of the actual plans.]

It is unfortunate that the project is causing you concern, but I can assure you that we take every project seriously in it’s historical context and integrity, public safety aspects, and sustainability as to further investment and/or anticipated aging and repairs.

[AJG: BOPC can demonstrate its commitment by: (a) asking the City to discontinue implementation of any aspect of the project other than removal and replacement of the asphalt pathway between Cazenovia Street and the northern concrete steps; and (b) conducting a well-advertised public forum at the Caz Park community center to allow the users of Caz Park the opportunity to learn about the final designs, and to express their preferences regarding the portion of the asphalt pathway commencing at Warren Spahn Way, and the other features of the proposed project.]

If you would like to speak with me directly or perhaps even meet out on site with our staff landscape architect, Greg Robinson, let me know.

[AJG: I would appreciate the opportunity to meet on site with you, Greg Robinson, and perhaps BOPC’s Brian Dold, as well as Councilmember Chris Scanlon.  Thank you.]

Best,

Stephanie

Stephanie Crockatt

Executive Director, Buffalo Olmsted Parks Conservancy

716-838-1249×16 Office / http://www.bfloparks.org

With all due respect,

Art Giacalone

Caz Park pathway inexplicably slated for removal

Posted by Arthur J. Giacalone on June 1, 2021
Posted in: Cazenovia Park, Christopher Scanlon, City of Buffalo, Olmsted Parks, South Buffalo. Leave a comment

[For an update of this posting, please see https://withallduerespectblog.com/2021/06/03/bopc-responds-and-i-reply-to-caz-park-pathway-concerns/ .]

[A version of the following post was published as a letter-to-the-editor in the Buffalo News “Everybody Column” on June 5, 2021.]

Cazenovia Creek is the heart of Cazenovia Park, providing a feature missing from the other gems in the Queen City’s Olmsted Park system’s crown.

IMG_8308

Despite the creek’s unique role, the public will soon lose the ability to safely and conveniently walk, run, or bike along a substantial portion of the Caz Creek shoreline if plans approved by Buffalo’s Preservation Board on May 27 are implemented.

IMG_8316 (2) [Detail from city’s engineering plans showing the section where asphalt will be replaced by lawn.]

Parkgoers are currently able to traverse an asphalt pathway that starts at Warren Spahn Way (across from a public parking lot) and hugs the creek for about 2,080 feet, the length of just over 5 football fields.

IMG_8344 [Beginning of asphalt pathway, across from Warren Spahn Way parking lot, slated for removal.]

The bumpiest section of the pathway – closest to Cazenovia Street – will be removed and replaced with a new asphalt path, a worthy improvement.

IMG_8385

Unfortunately, about 700 feet of the path, the section that starts at the bridge near the public parking lot and extends to the northern set of concrete steps, will be removed and not replaced with a new pathway, but filled with topsoil, seeded, and turned into lawn.

IMG_8321 [Part of 700-foot pathway slated for removal, replaced with lawn.]

IMG_8381 [Section of asphalt path extending between two sets of concrete steps, slated for removal without replacement.]

IMG_8383 [View of creek from pathway section that will not be replaced.]

The public was unaware of this disturbing aspect of the plan.  The official description of the proposal merely states, “Reconstruct and realign asphalt pathways and remove concrete steps.” The documents available to the public (and, apparently, the Preservation Board), included no narrative, and no discussion of the reasons a 700-foot long portion of the asphalt pavement would not be replaced.

IMG_8373 [Northern set of concrete steps slated for removal and replacement with lawn.]

Even the South District Councilmember, Chris Scanlon, did not know the specifics of the proposed project.  An hour before the Preservation Board’s vote to approve the plans, my Councilmember emailed me that, “the pathways along the creek are not being removed, they are being replaced.”  Mr, Scanlon was incorrect, despite proclaiming that replacing the deteriorated paths “has been a major priority of mine.”

IMG_8336 [View of creek through portion of path slated to be removed and not replaced.]

It is bad enough that no public explanation has been given for removal of the iconic concrete steps – a physical reminder of Cazenovia Park’s history.

IMG_8375 [Southern concrete steps, slated for removal and replacement by lawn.]

IMG_8265 [Northern concrete steps, slated for removal and replacement by lawn.]

There is no excuse for limiting the public’s ability to walk, run and bike along the creek without providing a meaningful explanation for diminishing that option.

IMG_8322 (2)_LI [An activity that will be impossible to enjoy if plans to remove the asphalt pathway and replace it with grass is implemented.]

If implemented, the approved plan, apparently proposed by the Buffalo Olmsted Park Conservancy and endorsed by the South District Councilmember, will eliminate the existing choice offered to Cazenovia Park users:  to take the high road or low road.

IMG_8288 [If implemented, removal of the path alongside Cazenovia Creek will force walkers, runners, and bicyclists to all use the path on the left in this photo, unable to see the creek.]

For the sake of transparency and fairness, Buffalo Olmsted Park Conservancy and city officials owe it to the public to reconsider this plan, with input from a fully-informed public.

If you agree, you can express your views to the following individuals:

Christopher P. Scanlon, South District Council Member at:  65 Niagara St., Room 1401, Buffalo, NY 14202; cscanlon@city-buffalo.com; 716-851-5169.

Stephanie Crockatt, BOPC Executive Director at:  84 Parkside Ave., Buffalo, NY 14214; 716-838-1249; www.bfloparks.org.

Andrew R. Rabb, Dep. Commr. For Parks & Recreation at:  arabb@city-buffalo.com; 716-851-5553.

Thank you.

With All Due Respect,

Art Giacalone

I’m no Red Jacket, but…

Posted by Arthur J. Giacalone on May 29, 2021
Posted in: Buffalo News, Native American, South Buffalo, White Privilege. Leave a comment

The May 29, 2021 print version of the Buffalo News includes an article that I had sent to them for its “first-person column” it calls MY VIEW.  Here’s a link to the on-line version.  I like the heading they chose to use, “Red Jacket’s values still resonate today,” and I am truly grateful to the newspapers for printing my piece.   But, I have one major disappointment.  The printed newspaper – the column seen by the most eyes – omits the following sentence:  “…The media vilified us, showing little regard for the protection of cultural artifacts and Native American beliefs….”  I had chosen those words carefully, purposely not identifying the source of the condemnation.  What follows is an annotated version of my article, with some images added.  When you arrive at the deleted sentence, you will find a link to the primary “media” attack.  I think you can guess the source.

Red Jacket’s values still resonate today

No one would mistake this Italian-American lawyer with the famous Seneca, Red Jacket.

I can’t speak of ancestors whose knowledge and respect for this land extend back millennia.  [See my maternal grandparents’ 1920 marriage certificate.]

I’m no orator.  A judge once exclaimed that I wasn’t eloquent enough to change his mind.

No U.S. president has ever bestowed a peace medal on me, although a local publication named me Western New York’s “Best Gadfly.”

Red Jacket and I were, nonetheless, both born along the Genesee River (although two centuries apart).  And, we both chose to spend our later years near what the City of Buffalo now calls the Seneca Indian Park on Buffum Street in South Buffalo.  It is the latter coincidence that creates a connection between me and the Seneca spokesman.

The “Seneca Indian Park” – 1.6 acres of serenity, mature trees and gently sloping lawn – is an ancient burial ground, and part of a Seneca village that served as the heart of the Buffalo Creek reservation.  Red Jacket adamantly proclaimed that he never wanted to leave the village – not even upon his death.  Keeping with his final wishes, he was buried in 1830 beneath a large walnut tree at the west end of the current park.

Saturday Morning Shadows at Seneca Indian Park 04-24-21

Red Jacket was an ardent traditionalist and protector of Seneca culture, skeptical of both Christian missionaries and land speculators.  I share his views.  When I discovered in 2018 that a Buffalo developer and local charter school wanted to build a high school and gymnasium on Buffum Street, a hundred yards from the park, I investigated the project.  The State’s historic preservation office had classified the land “archeologically sensitive” due to its proximity to the old burial grounds and Seneca village.  [See SHPO 06-19-18 letter re 102 Buffum]  The city officials and developer didn’t care, and approved the project without investigating the adverse impacts on cultural and archeological resources.

Two neighbors and I challenged the expansion in court.  [See Giacalone v. WNYMCS – Petition] The media vilified us, showing little regard for the protection of cultural artifacts and Native American beliefs. [E.g., see BuffNews 08-17-2018 editorial.] Fortunately, the charter school’s administration decided to hire an archeological firm to study the issues we had raised.  The consultants agreed that the project area is “very sensitive for archaeological resources,” and the charter school located its high school elsewhere.

Red Jacket would not be surprised that this positive result required a fight.  His skepticism was justified and prophetic.  Despite his final wishes, his remains were removed from the Buffum Street site and reinterred near a monument at Forest Lawn Cemetery.  Ironically, the following words of the great orator are memorialized there:

“I am about to leave you, and after I am gone and my warnings are no longer heeded, the craft and avarice of the white man shall prevail.  My heart fails me when I think of my people, who are soon to be scattered and forgotten.”

Red Jacket's When I Am Gone quote

His people were scattered 12 years after his death by the “Treaty of 1842.”  But, as highlighted by the  May 17th ceremony in Salamanca honoring the return of Red Jacket’s Peace Medal to the Seneca Nation, his people have not been forgotten.  They continue their fight for the sovereignty reflected in the 1792 symbol of peace.

Red Jacket medal - front sni IMG_8088

A hopeful note.  On the day after the repatriation celebration, a group of the charter school’s students were visiting the Seneca Indian Park.  Their teacher proudly assured me that this multi-racial group had been taught the history of the site, and the importance of respecting the culture and beliefs of all peoples.

With All Due Respect,

Art Giacalone

Due Respect for Otetiani a/k/a Red Jacket

Posted by Arthur J. Giacalone on May 19, 2021
Posted in: City of Buffalo, Native American, South Buffalo. Leave a comment

The land on which my home was constructed in 1910, on Oschawa Avenue off Indian Church Road at the southeastern edge of the City of Buffalo, is historically part of the Seneca Nation’s Buffalo Creek reservation.  My parcel is just a few hundred feet southeast of ancient burial grounds near what is now the corner of Buffum (formerly, Buffam) Street and Fields Avenue.  A 1.6-acre portion of the burial site is now called Seneca Indian Park by the City of Buffalo, and was designated a local landmark in 2011 by the City Common Council.

Saturday Morning Shadows at Seneca Indian Park 04-24-21

A primary reason for the landmark designation is the site’s affiliation with a Seneca named Otetiani (“Always Ready,” or more commonly known as Red Jacket).  Here is an excerpt from the Seneca Indian Park landmark submission papers to justify the creation of the landmark:

      Red Jacket was among the most important and influential Seneca leaders of the late 1700s – early 1800s.  The village at Buffam Street had two important foci:  the prehistoric village site and Red Jacket’s cabin.  He lived middle and later years of his life in this village, walking along Buffalo and Cazenovia Creeks, conducting business at the council house a short walk away, even receiving the occasional white visitor.  Red Jacket was adamant that he never wanted to leave the village – not even upon his death.  He was buried accordingly, beneath a large walnut tree at the West end of the current Seneca Indian Park.  Red Jacket’s former burial site is thus far more significant because it is more closely associated with his life and final wishes – indeed his cultural beliefs – than his current resting place in Forest Lawn Cemetery or any other site in Western New York.  Buffam Street is significant because it was Red Jacket’s chosen and original burial location.  This simple choice articulates the site’s significance even though Red Jacket’s body is no longer buried there.  Red Jacket is a person of outstanding importance in Seneca history, the most ardent and recognizable protector of Seneca culture during his lifetime… [Emphasis added.]

Red Jacket's House

Buffum Street grave sites

Forest Lawn - Red Jacket (Red Jacket memorial in Forest Lawn Cemetery, Buffalo, NY, photo by Art Giacalone circa 1980)

The landmark submission document also includes the following description of Otetiani/Red Jacket:

… Red Jacket, a prominent and well-spoken Seneca diplomat who lived in Buffalo Creek during the middle and later years of his life, was among the most ardent of Seneca traditionalists.  His conservatism showed in his skepticism of Christian missionaries and land sales to speculators…  He was involved in most of the land deals during the 1790s, as well as the delicate negotiations with U.S. emissaries interested in securing the Seneca’s neutrality at a time when Indian parties were ravaging American settlers in the Ohio Valley.  Red Jacket’s peace advocacy earned him a medal from president George Washington in 1792, and the Seneca remained neutral during the settlement of Western New York.

As you most likely know, on May 17, 2021, the Onöhsagwë:de’ Cultural Center, in Salamanca, New York , hosted a joyous celebration to honor the return to the Seneca Nation of the Red Jacket Peace Medal.  I had the honor of sitting outdoors in the sun as part of the crowd attending the “repatriation” ceremony.  It was with great pride and respect that the Seneca people welcomed home a truly significant cultural artifact.  While I’ll talk a bit about May 17 below, that momentous event is not the focal point of this posting. 

Red Jacket medal - front sni (Red Jacket Peace Medal, photo courtesy of Seneca Nation)

The information at the beginning of this piece, regarding the significance to Red Jacket and the Seneca Nation of the Buffum Street area, was provided for a reason.  Just four blocks or so from the site of the Seneca Indian Park – at the corner of Cazenovia and Seneca Streets – stands a (larger than?) life-size statue of a Native American.  Although the person represented by the wooden sculpture is not identified, he is conspicuously wearing a prominent oval-shape medal around his neck, and, most certainly, is Otetiani or Red Jacket.

There is one major problem, as reflected in the following photos.  Over the years, the statue has been vandalized and is significantly damaged:

IMG_8203 

IMG_8190

IMG_8200

IMG_8197

I am unable to identify the sculptor, and am unaware of when or how the statue’s location was chosen.  But it stands next to Cazenovia Street in the City of Buffalo’s right-of-way.  Officials at the city’s Parks department were cooperative earlier this year when they learned that metal detectorists and artifact-hunters had been digging at the Buffum Street sacred burial site.  They responded by putting up a “No Digging” sign. 

Seneca Indian Park - Buffum St. NO DIGGING ALLOWED sign 04-01-2021

I have no reason to believe that Buffalo South District Council Member Christopher P. Scanlon and Commissioner of Public Works, Parks & Streets, Michael J. Finn, would not be equally willing to see the statue of Red Jacket returned to its original glory once the sculpture’s current condition is brought to their attention.  I urge anyone interested in seeing this restoration project commenced and expeditiously brought to fruition to reach out to these public officials:

Hon. Christopher P. Scanlon, 65 Niagara Square, Room 1401, Buffalo, NY 14202; (716) 851-5169; cscanlon@city-buffalo.com.

Hon. Michael J. Finn, 65 Niagara Square, Room 502, Buffalo, NY 14202; (716) 851-5636; mfinn@city-buffalo.com.

Now let’s get back to the May 17, 2021 celebration.

Seneca Nation President Matthew Pagels, and Cultural Center Director Joe Stahlman, can certainly do a much better job than I explaining the importance to the Seneca people of the “repatriation” of the Red Jacket Peace Medal.  So here’s the Seneca Nation’s news release.  But I do want to share two quotes that I feel capture the spirit of the day:

“This medal represents what lives inside each and every Seneca — the heart of a sovereign people and our rightful recognition as such,” said Seneca Nation President Matthew B. Pagels. “This is our identity as a Nation. It cannot be owned, bought or sold. It belongs to all of us and is passed from generation to generation so it can live forever.”

“I like to remind the United States that the Haudenosaunee — especially the Seneca – play an important role in your early survival; that is what I see when I look upon the medal,” said Dr. Joe Stahlman, director of the Seneca-Iroquois National Museum. “We need to have moments of reconciliation. There are things from the past that still matter to many of us of here today and we need to talk about them. We need to all heal and find peace.”

I also want to mention a few of the dignitaries in attendance at the repatriation ceremony (frankly, I prefer the term “reMatriation”) who played central roles – alongside Dr. Stahlman and President Pagels – in making the return happen:  Melissa Brown, Executive Director, Buffalo History Museum; State Senator Sean Ryan; Robert Jones, Seneca Nation Councilor; and, Walter Mayer, Buffalo History Museum’s Senior Director of Collections.  

Lastly, I’ll end this post with images of the rarely-seen reverse side of the Peace Medal (the side closest to Otetiani’s heart) gifted by George Washington to Red Jacket in 1792 (and, reflecting the sky on 05/17/2021); the most significant piece of the cake crafted for the celebration; and, importantly, some of the folk in attendance. 

IMG_8088 (Peace Medal’s reverse side, photo by Art Giacalone 05/17/2021)

IMG_8085 (Photo by Art Giacalone, 05/17/2021)

IMG_8070

IMG_8073

IMG_8051

With All Due Respect to Otetiani and the Seneca,

Art Giacalone

 

Many things in common with Rochester’s lilac trees

Posted by Arthur J. Giacalone on May 12, 2021
Posted in: Olmsted Parks, WNY Photos. 1 Comment

Perhaps an internet troll who critiqued my most recent letter-to-the-editor was correct when he suggested that I must have way too much time on my hands given the things I worry about (the particular topic, the dignity of Native Americans).  I rejected the notion until I realized what I had running around in my brain while driving home this afternoon from a visit to Rochester’s Lilac Festival.  I was thinking about the things I have in common with the many lilac trees gracing the hilly park located in the southern portion of the town of my birth:

First, the lilac trees and I not only have deep roots in the Flour/Flower City, we both started our lives adjacent to Highland Avenue – the trees in Highland Park, my twin brother David and I down the road at Highland Hospital.

Detail - Connie with Arthur David & Linda

Second, we both hang out at an Olmsted-designed park.  I walk and/or bicycle daily through South Buffalo’s Cazenovia Park.  They spend all 24/7, twelve months of the year in the aforementioned Olmsted gem, Monroe County’s Highland Park.

IMG_8043 (2)

Third, casual observers checking us out today might have superficially concluded that the lilac blossoms and I were both a bit past our prime.  And,

Fourth, just as anyone stopping by this zoning/environmental lawyer’s website might be surprised (perhaps, disappointed) if they expected my blog to always be playing the same old note, a person who thinks a “lilac festival” only offers lilacs would be quite surprised (and, most likely, not disappointed) by the variety of vegetation one’s senses have the opportunity to explore at this annual event.   

Here’s proof:

IMG_8041

IMG_7967

IMG_7966 (2)

IMG_7964 Paperbark Maple (Western China)

IMG_7975

IMG_7978

IMG_7969

IMG_7973

IMG_7976 (2)

IMG_7986

IMG_8001 Daybreak Magnolia

IMG_8002

IMG_7997

IMG_7994 Elizabeth Magnolia

IMG_8030

IMG_8027 (2)

IMG_8011 Brozzoni Saucer Magnolia

IMG_8008

IMG_8017 Ricki Magnolia

IMG_8013 [?]

IMG_8003

IMG_8026

IMG_8038 Katsura Tree (planted 1919, coincidentally, the year my father was born)

IMG_8034

IMG_8039 Lilac-colored Lilacs

IMG_8021

With All Due Respect,

Art Giacalone

P.S.  Bonus picture.  My daughter, on the right, sitting in the Katsura tree in 2009:

IMG_7944 (2)

Wounded Knee Medals of Dishonor stain WNY

Posted by Arthur J. Giacalone on May 1, 2021
Posted in: Uncategorized. Leave a comment

[Note:  A version of this post was published in the May 1, 2021 print version of the Buffalo News “Everybody’s Column” under the headline, “Congress, Niagara Falls must remove Sgt. Toy’s name.”  Here’s a link to the on-line letter:

https://buffalonews.com/opinion/letters/letter-congress-niagara-falls-must-remove-sgt-toy-s-name/article_c305a660-a778-11eb-b5d9-33f3c726d3db.html]

The massacre by the U.S. Army at Wounded Knee, South Dakota, occurred 130 years ago and more than 1,100 miles from the Niagara Frontier. But the repercussions of that infamous slaughter of hundreds of Lakota Sioux, including unarmed women and children, are felt right here in Western New York.

Twenty Medals of Honor – meant to recognize “conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty” – were awarded to troops involved in the violent actions at Wounded Knee. One of the recipients, Frederick E. Toy, was born and worked in Buffalo, and settled with his family in Niagara Falls subsequent to his retirement from the Army.

Toy was a First Sergeant at the time of the tragic events. His commander, Capt. Winfield Scott Edgerly, used the following words when recommending the Buffalo native for the Medal of Honor: “The fight was unexpected and I saw the sergeant deliberately aim at and hit two Indians who had run into the ravine; his coolness and bravery exciting my admiration at the time.”

Sgt. Toy is one of eight residents of the Cataract City with individual monuments as Medal of Honors winners at the American Veterans Monument in the city’s Hyde Park. Nationally, members of the Lakota tribe are lobbying Congress to enact the “Remove the Stain” bill to rescind all 20 medals awarded to Wounded Knee participants. Locally, Paul Winnie, a member of the Tonawanda Seneca Nation, and Niagara Falls Councilman Bill Kennedy, Jr., would like to see Sgt. Toy’s name removed from the Hyde Park monument. As Kennedy has stated, “There is no honor in genocide.”

Congress and Niagara Falls’ Council must demonstrate respect for the Lakota – and the medal – by removing the stain.

With All Due Respect,

Arthur Giacalone

Buffalo’s Common Council has the same rights as any other client

Posted by Arthur J. Giacalone on April 14, 2021
Posted in: City of Buffalo, Professional Ethics. Leave a comment

When a member of the City of Buffalo’s Corporation Counsel’s Office represents the City of Buffalo Common Council in a court proceeding, or is asked for legal advice and guidance by the Common Council or one of its members, she or he is engaging in an attorney-client relationship with the Common Council.  On each such occasion, the attorney – the Corporation Counsel or the designated lawyer – owes to the client – the Common Council or its members – the same duties and responsibilities as any other attorney owes to her or his client.

In other words, Buffalo’s legislative body and the duly elected legislators have the same rights as any other client when being represented or advised by the City’s Corporation Counsel’s Office.

So it came as no surprise to this lawyer when I saw the following headline in the April 12, 2021 Buffalo News:  “Council seeks an independent attorney.”  It goes without saying that every client is owed an independent attorney.  The issues expressed by Council President Darius G. Pridgen, University Council Member Rasheed N.C. Wyatt, and Majority Leader David A. Rivera – delays in performance of tasks, conflicts of interest between the Common Council and Mayor Byron W. Brown (who appoints the Corporation Counsel), and confidentiality of information – are legitimate and problematic.  And, they bring to mind the following rights, in particular, found in the official “Statement of Client’s Rights” that every New York State lawyer, including a lawyer in a government law office, owes his or her client:

From STATEMENT OF CLIENT’S RIGHTS

– You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

– You are entitled to have your questions and concerns addressed promptly and to receive a prompt rely to your letters, telephone calls, emails, faxes, and other communications.

– You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.

– You are entitled to have your legitimate objectives respected by your attorney…

– You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.

– You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time…

[Click here for the full Statement of Client’s Rights, codified at 22 NYCRR 1210.1.]

It is true that the City of Buffalo’s Charter, when listing the duties and powers of the Corporation Counsel, states, “The corporation counsel shall prosecute and defend all actions and proceedings brought by or against the city or any of its officers, departments, commissions, board, or other agencies…”  However, the Charter cannot overrule an attorney’s obligation to afford her or his client the rights and ethical behavior mandated in New York State’s “Rules of Professional Conduct.”  The Charter indirectly acknowledges this reality when it also lists the following amongst the Corporation Counsel’s duties and powers:  “When necessary, the corporation counsel shall have the power to designate the need for counsel outside of the law department to deal with conflicts of interest or special circumstances.”

I would argue that the City’s “top lawyer” is under the duty to “designate the need for counsel outside of the law department” whenever its client, the Common Council, expresses its belief that a conflict of interest or special circumstances exists.  It is the client’s right to express such concerns, and to have those concerns respected by its attorney.

The Common Council deserves independent legal representation and advice.  The existence of an independent attorney, dedicated solely to the needs and preferences of the Common Council, would not only improve its efficiency and effectiveness.  It would strengthen the City’s legislative branch by reinforcing its independence from the executive branch.  That would serve the best interests of the Common Council’s constituents, the residents of the City of Buffalo.

With All Due Respect,

Art Giacalone