[Derived from Art. XIV of Ch. VIII of the Charter and Ordinances,
1974]
There is hereby created the Buffalo Arts Commission.
A.
The Commission shall consist of 15 members: 10 shall be appointed
by the Mayor; and five shall be appointed by the President of the
Council. Each member shall be appointed for a term concurrent with
the term of the appointing power and shall serve at the pleasure of
the appointing power. The Mayor shall designate the Chairman of such
Commission from among its members and may at any time change said
designation. Nothing contained in this subsection shall limit the
power of the Mayor or President of the Council to remove a member.
B.
When making appointments to the Commission, special consideration
should be given persons representative of the full spectrum of concern
for the arts and cultural affairs of the community. Appointments should
reflect both individuals able to bring the resources of their respective
institution to bear on the work of the Commission and artists actively
engaged in the practice of their craft. To the extent practical, persons
selected should be persons with experience in one or more of the following
areas: the visual, literary, musical and performing arts; architecture;
landscape architecture; parks and recreation; urban planning; and
the administration of cultural organizations, institutions and physical
facilities.
C.
If a vacancy occurs on the Commission for any reason, a successor
member may be appointed in the same manner as the initial appointment
that resulted in the vacancy.
A.
The Commission shall hold regular meetings at least six times per
year and more often as the Commission may determine. Special meetings
shall be at the call of the Chairman on 48 hours' notice.
B.
A majority of the Commission shall constitute a quorum for the transaction
of business. The powers of the Commission shall be vested in and exercised
by a majority of the members of the Commission then in office.
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.
A.
The Buffalo Arts Commission shall have the power and it shall be
its duty to:
(1)
Annually submit to the Mayor and Common Council the Commission's
plan for the expenditure of funds commissioning new works of art in
the City of Buffalo.
(2)
Advise the Mayor and Common Council concerning works of art to be
acquired by the City, whether by purchase, gift or otherwise, together
with their proposed location.
(3)
Recommend to the Mayor and Common Council suitable practices and
procedures for the cataloging, care and maintenance of all works of
art belonging to the City of Buffalo.
(4)
Make periodic reviews, at least annually, of all City capital improvement
projects with the Mayor for the purpose of making recommendations
to the City as to appropriations for works of art.
(5)
Annually submit a capital budget request equal to or no less than
1% of the City's projected capital improvement budget based on
the following:
(6)
Advise the Mayor and Common Council concerning the removal or relocation
of any works of art presently owned by the City of Buffalo.
(7)
Advise the Mayor and Common Council concerning the acceptance or
declination of works of art offered to the City of Buffalo.
(8)
Make application for and administer federal, state and other grants,
loans or appropriations for the Commission's acquisition or maintenance
of works of art.
(9)
Assist the City in the formation of City ordinances and policies
designed to promote, enhance and strengthen the arts in Buffalo.
B.
The Commission shall hold an annual public hearing. The purpose of
the hearing shall be to receive comments on Commission activities.
This hearing shall be held during the formulation of the Commission
budget request for the upcoming fiscal year, between March 15 and
May 1.
C.
The Commission shall endeavor to promote the artistic life of City
neighborhoods. Particular attention should be paid to preserving and
promoting the diversity of culture that exists in City neighborhoods.
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.
