SCHEER: Lack of transparency lands Restaino on coalition's 'naughty list'
Dec. 19—Niagara Falls Mayor Robert Restaino has once again made the "naughty list" of open government offenders compiled annually by a statewide non-profit organization that advocates for greater transparency in local and state government.
As was noted in a release last week from the New York Coalition for Open Government, the group now considers Restaino a "repeat offender," noting that he made the same list last year.
In 2022, the coalition criticized Restaino's administration for calling special meetings where the public is not provided the ability to comment on items being considered for approval by the city council.
This year, the coalition again tagged Restaino with the same criticism, noting that he continues to fail to allow the public to speak at special council meetings.
"He has the authority to call a special meeting where he sets the agenda and when he sets the agenda, there are no public comments. Every other council meeting the public can speak but not the mayor who is too thin-skinned and too arrogant to hear what the public has to say," said Paul Wolf, a local attorney who serves as coalition president.
In addition, the coalition took note of a Buffalo News editorial that criticized the city police department for delays in releasing information regarding an officer-involved shooting.
In its 2023 transparency report, the coalition also mentioned Restaino's well-documented primary election day confrontation with Channel 2 news cameraman Ben Read where the mayor abruptly ended a terse interview by placing his hand over Read's camera lens before saying, "I think I'm done" and walking away.
Another of the coalition's criticisms for Restaino touched on reporting done by the Niagara Gazette as it relates to the administration's refusal to release the results of a resident survey on plans to build a $150 million "events campus" known as Centennial Park on land currently owned by the private firm, Niagara Falls Redevelopment. Restaino's Community Development Director Cliff Scott collected copies of the survey from residents during a public meeting on the project last December. Restaino's administration never released the survey results, with Restaino saying the survey was "not authorized" and, therefore, the results should not be disclosed.
"Restaino claimed the survey results will not be released because he did not authorize them," Wolf said. "There is no legal basis under the Freedom of Information Law for a mayor to withhold public records because they were not 'authorized.' "
The Gazette also previously reported that Restaino's administration advised the U.S. Department of Housing and Urban Development to deny a formal Freedom of Information request from the newspaper for Centennial Park financial information, including "financial assumptions, real estate budget and sources of funds."
As an update, HUD officials have acknowledged receipt of the Gazette's appeal to the initial denial and the matter is currently under review by the federal agency's appeals division.
In addition, the newspaper is still waiting — more than three months later — for a response to its request for copies of updated legal bills and invoices submitted to the city by Hodgson Russ, the Buffalo-based law firm that is overseeing the ongoing eminent domain process involving NFR's land.
The Gazette previously reported that, as of Sept. 30, 2022, the city was billed $44,274 by Hodgson Russ.
The city clerk's office, on Sept. 21, acknowledged the Gazette's Sept. 13 FOIL request seeking updated bills for eminent domain legal costs covering the period starting June 30 2022, and ending Sept. 13, 2023. The city's legal department did not fulfill the request, prompting the Gazette to file an appeal that has not yet been answered by the administration.
