BATAVIA, N.Y. — During Thursday's meeting, the Western Regional Off-Track Betting Board announced it is offering Buffalo Mayor Byron Brown a contract that will pay him at least $295,000 each year to serve as president and CEO.
However, when reporters asked why the board would not share copies of the contract, Chair Dennis Bassett repeatedly pushed back.
"We're not giving you a contract until the mayor signs the agreement," Bassett said.
When reporters continued to press he said, "Why don't you give us an opportunity to close the loop and I wouldn't see any reason why we wouldn't give you the contract, the agreement, after Mayor Brown has signed it."
New York Coalition for Open Government President Paul Wolf said there's not only value in releasing all of the details of Brown's contract, the law requires it.
"Off-Track Betting is a public corporation appointed by public officials and public money flows through their agency, so certainly the public has a right to know what is occurring there," Wolf said.
The attorney disagreed with the board's opinion Brown needs to sign the document before it's subject to public disclosure. He said under state law, the only reason organizations that use public funds can withhold contract information is if it impairs their ability to negotiate.
By OTB's own admission, negotiations with Brown are complete.
"The New York Committee on Open Government has issued several opinions on this topic where they have reached the conclusion that signing the contract is not something that's required before releasing it to the public," Wolf said.
An attorney for OTB did say the contract is subject to Freedom of Information Law requests. Spectrum News 1 has submitted one.
The law requires acknowledgement of the request within five business days. The organization must then grant the request or explain why it is being delayed or denied within 20 business days.
"Asking people to file a FOIL request is a typical stall tactic,” Wolf said. “It seems to be just business as usual at OTB.”
He said despite the state Legislature's recent reform of board rules that led to the appointment of new members and new leadership, OTB appears to continue to struggle with transparency. Wolf said a new president could take a big step toward changing that reputation.
"Byron Brown can release this contract and there's no reason he shouldn't,” he said. “It would be a great way for him to show, ‘I'm going to do things differently at OTB.’”
A spokesperson for Brown said he will make an announcement about his future next week. Wolf said even if Brown does not sign the contract, there is no harm in releasing the details.