There is hereby created the Buffalo Arts Commission.
The Commission may from time to time establish or use a panel
of professional consultants to provide assistance or advice concerning
technical matters within the scope of the Commission's duties.
Panels may be ad hoc; and the Commission may create, eliminate or
modify such panel.
There is hereby created the Arts and Cultural Funding Advisory
Committee, which shall provide funding recommendations for arts and
cultural organizations to the Commission, which shall advise the Mayor
and Council on annual City appropriations. Such organizations are
defined as those involved in the presentation of visual, performing,
literary and media arts or museums which are dedicated to the preservation
and exhibition of collections.
A. Membership. The Committee shall consist of 17 members: six shall
be appointed by the Mayor; seven shall be appointed by the Common
Council; three shall be appointed by the Buffalo Arts Commission from
its membership; and one shall be appointed by the Comptroller. The
terms of such members shall be three years, except for the initial
appointments, which shall be as follows: two appointees each of the
Mayor and Common Council and one appointee of the Buffalo Arts Commission
shall be designated to serve for two years; and two appointees each
of the Mayor and Common Council and one appointee of the Buffalo Arts
Commission shall be designated to serve for one year. The Chairman
of the Committee shall be appointed by the Commission from membership
of the Funding Advisory Committee on an annual basis. No appointees
of the Mayor, Council or Comptroller will be members of the Buffalo
Arts Commission.
B. Qualifications.
(1) Appointments to the Committee shall, to the greatest extent practicable,
be made in accordance with experience and qualifications in the following
areas: the presentation and promotion of exhibitions, performances
and other artistic programs; the administration and management of
arts organizations; financial background, particularly in analysis
or operation of nonprofit entities; or a demonstrated interest in
the promotion and appreciation of the arts.
(2) No City officer or employee shall serve on the Committee. Board members
from cultural organizations may serve on the Committee, provided that
such board members abstain from votes concerning proposed grants for
such cultural organization. Employees of said organization may not
serve on the Committee.
C. Applications. On or before February 1 of each year, applications
for arts and cultural funding, on forms approved by the Commission
and supplied by the City Department of Administration and Finance,
shall be submitted to the office of the Executive Director of the
Commission, which shall forward the same to the Committee for its
agenda.
D. Review of applications; criteria. The Committee shall review and
evaluate such applications in accordance with the following criteria;
the organization's service provided to the public, enhancement
of the cultural life of the community or contribution to a particular
field or artistic discipline. However, no art or cultural or organization
shall be eligible for a favorable recommendation from the Committee
unless such organization is a not-for-profit corporation pursuant
to Section 501(c)(3) of the Internal Revenue Code or an organization
chartered by the New York State Board of Regents pursuant to § 216
of the Education Law or a charitable organization registered with
the Department of State in accordance with § 172 of the
Executive Law. Each such organization must be headquartered in the
City, be open to the general public and must not discriminate in service
or offering membership on the basis of race, creed, religion, national
origin, age or gender.
E. Recommendations. On or before April 1 of each year, the Funding Advisory
Committee shall transmit to the Commission its recommendations for
funding of arts and cultural organizations. The Commission shall then
submit those recommendations, with or without comment, to the Mayor,
the Commissioner of Administration and Finance and the Common Council.
As used herein, the expression "works of art" shall comprise
paintings, murals, stained glass, mosaics, bas reliefs or other sculptures,
monuments, fountains, buildings, arches or other structures of permanent
or temporary character intended for ornament or commemoration. While
it is explicitly recognized that the principal concern of the Buffalo
Arts Commission shall be the visual character of the City, the definition
of "art" as used herein is not intended to exclude other visual and
performing art forms, especially as they may relate and contribute
to the revitalization and future development of the City of Buffalo.
All members of the Buffalo Arts Commission and all persons appointed
to any panel of professional consultants shall serve without compensation,
but actual expenses within the amount appropriated therefor shall
be paid with the approval of the Mayor.
All expenses and disbursements made or directed to be made by
the Commission shall be governed by the appropriation, if any, allotted
thereto in the budget as originally adopted or increased from time
to time pursuant to the procedure provided by the Buffalo City Charter.
An Executive Director shall be appointed by the Mayor and be
chosen from recommendations provided by the Commission. The Director
shall be the chief executive officer of the Commission and be responsible
for the daily management of the affairs of such office and its employees.
The Director shall report to the Chairman of the Commission and at
all times be accountable to its members. It shall be his duty to administer
and carry out the duties and powers of the Buffalo Arts Commission.