Buffalo council presses for police transparency, discusses subpoenas and independent review

At the Sept. 2 Buffalo Common Council meeting, several council members pressed for faster and broader review of a police response that critics described as a “travesty of justice,” and discussed using the council—s subpoena and investigative powers and seeking an independent review by the state attorney general.

The dispute centers on an incident in which a driver damaged multiple vehicles; the Niagara County district attorney handled the criminal case and the driver pled to a misdemeanor, council members said, and five officers who responded were placed on administrative leave. Council members said they remain concerned about who in the chain of command knew what and when.

"We need police, but we need good police," said Council member Hawaii, criticizing slow or incomplete disclosures about the incident and saying the community—s trust has been undermined. "I'm not the nice one. I'm the one that's demanding people to come in and do your job and answer to the people because that's who we answer to."

Assistant Corporation Counsel Lisa Yeager told the council the body does have subpoena power. "It doesn't have carte blanche," she said, but added that the council's subpoena authority is not limited to current city employees and "it could be anyone." Yeager also said she would provide a definitive answer about the scope of subpoena power within 48 hours.

One council member said she had asked the state attorney general—s office to "take a second look" and had sent a letter to the governor asking that office to refer the matter to the attorney general. That same council member said she supports an independent investigation and that it could "go as far up the chain as they possibly can," including whoever knew about the matter and when.

Council members discussed bringing in current or previous officials for testimony. One council member asked whether the council could subpoena a former commissioner; Yeager replied the council has subpoena power but cautioned there are limits for "purposes of gatherings in this chamber." The transcript record indicates a separate legal determination would be required to compel testimony in some contexts.

No formal subpoena was issued at the meeting. Actions taken during the session included notification on the record that Commissioner Wright had been contacted on Aug. 26 and, according to a council speaker, responded within two days; and that at least one council member had requested the state attorney general—s office review and had written to the governor asking for a referral.

Council members said they want command staff or other officials to appear sooner than October and indicated they would consider formal subpoenas if voluntary cooperation is not forthcoming. Several members framed the issue as one of transparency and accountability needed to rebuild public trust.

Background: The criminal case was handled by the Niagara County district attorney and resulted in a misdemeanor plea, according to council statements at the meeting. Separately, five officers who were involved in the response were reported to be on administrative leave. The council—s discussion focused on fact-finding and whether to seek testimony or evidence from current and past city officials and police command staff.

The council did not adopt a resolution or vote on issuing subpoenas during the meeting; members said staff and counsel would provide clarifying legal guidance and logistics in the days following the session.