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The Mail

Published: May 1, 2003

Law allows faculty to speak minds on war and peace

To the editor:

Prof. David Taylor asserts in an April 17 letter to the Reporter that I "appear to have violated the State of New York Public Officers Law in preparing (the open letter distributed by UB Faculty and Staff for Peace opposing the war on Iraq) and urging (my) colleagues to sign it." The charge is baseless, as anyone who peruses the Public Officers Law can see for themselves. Nothing in the law prohibits state employees from publicly speaking their minds on matters of war and peace.

Had Prof. Taylor been genuinely concerned about the legality of my actions, he would have contacted the pertinent compliance officer directly. Since, unlike Prof. Taylor, I truly am interested in the scope of legally permissible political activity, I did what he should have: I reported myself to the SUNY Office of University Counsel in Albany.

The attorney I spoke with, Robert Ruggeri, assured me that he was unaware of any provision of the Public Officer Law that restricts the expression of political views. The most relevant portions of the law he could come up with pertained merely to running for public office and giving testimony in court against the state.

The New York Department of State investigates violations of the Public Officers Law. An attorney there confirmed that I had done nothing of concern to them. She said it was permissible for faculty to express their views and identify themselves as faculty, so long as they don't claim to be presenting the position of the university itself.

Prof. Taylor had some other facts wrong, too:

Not that it matters, but for the record, I wasn't the author of the open letter (though I would be honored to have been). All public statements that mention my name have identified me as "a spokesperson" for the group.

Prof. Taylor also appears to be mistaken about his own name and position. The UB directory lists no adjunct professor of surgery at UB named David Taylor-in fact, it lists no employees at all named David Taylor. The Department of Surgery has no adjunct professors, nor, according to the executive assistant to the dean, does the rest of the entire School of Medicine and Biomedical Sciences. Senior members of the Department of Surgery say they've never heard of a surgeon named David Taylor in the Buffalo area. The local phone book lists no physicians named David Taylor. The nearest David Taylor listed in the state's databases of physicians is an anesthesiologist in Rochester. The person using the "Dr. Dave Taylor" email address has declined to indicate the hospital where he practices his surgery.

In short, if Prof. David Taylor exists, he's the stealthiest surgeon in history. Either way, the crime he accused me of certainly doesn't exist.

I can only conclude that what we have is a crude attempt to intimidate those of us who would speak out on matters of public import. It won't work. Whatever your views, know that civil servants do not surrender their constitutional rights in accepting employment by the state; do not allow those who would claim otherwise—whether out of ignorance or malice—to inhibit open debate on campus or elsewhere.

Shame on "Prof. Taylor," whoever he is, for resorting to such scurrilous and deceptive tactics. If any investigation is called for, it is one to determine who actually submitted this flimsy fabrication.

Hank Bromley

Associate Professor
Department of Educational Leadership and Policy

Editor's Note: When contacted by the Reporter and asked for his university affiliation after submitting his letter for publication, David Taylor identified himself as an adjunct professor of surgery. After questions arose regarding Taylor, the Reporter contacted the Dean's Office in the School of Medicine and Biomedical Sciences. Sandra Drabek, associate dean for resource management, reports that the school has no record of a David Taylor as an adjunct, a participant in the practice plan or as a volunteer.

SEFA policy changed to allow dollar recognition

To the Editor:

The SEFA tradition at UB has a long and proud history. Year after year, the employees at UB demonstrate almost unparalleled generosity in their contributions to help people in need, locally and around our state, nation and world. As the newly appointed chair of UB's 2003 SEFA campaign, I eagerly hope and expect our tradition to continue.

In that interest, I'd like to clarify any misunderstandings resulting from a letter to the editor in the April 17 edition of the Reporter. The primary point was a valid criticism of a policy change made at the statewide level in January prohibiting SEFA from providing to agencies the dollar amounts donated to them by individual donors through the campaign's donor-designation process.

However, the policy change was nullified in late March after considering feedback from recipient agencies and local SEFA boards across the state—including our own local steering group. The prior policy of providing donor names and gift amounts has been restored and is expected to remain in place in coming years. Before the end of April, all agencies will have received the usual list of donor names accompanied by gift amounts. The status quo remains and all is indeed well!

As those of us at UB who are increasingly involved in fundraising know, there are legitimate administrative costs associated with all charitable campaigns, and SEFA is no exception. Through volunteer help and very careful budgeting, SEFA traditionally spends only 6-8 percent of its total budget on fundraising and administrative costs, not the 10 percent reported in the April 17 letter. This figure compares very favorably to national averages for such costs in not-for-profit fundraising, demonstrating that SEFA is a very responsible steward of contributions received.

Finally, the April 17 letter advocates that UB employees make their charitable contributions directly to the agencies of their choice, bypassing the SEFA campaign. This is a choice that we all have always been free to make, and many of us choose to donate both through the SEFA campaign and directly to other charities. There are many practical reasons that the SEFA campaign is a smart and efficient means of making charitable contributions—if you want to know more, just ask your college, faculty or departmental SEFA volunteers.

Beyond the practical considerations, there are even more important reasons why we at UB should give through the SEFA campaign. Most employees of the university are fortunate to enjoy stable employment, which many in our region do not. We have the privilege of, and perhaps the obligation to help support those who are less fortunate than we. In addition, an estimated 25 percent of our university population will find itself at some point in need of some of the wide variety of services that SEFA agencies provide. Our individual participation in the SEFA campaign presents a powerful collective message to our community. As one of the region's largest employers and as a continuing leader in the region's future vitality, we have no clearer or more compelling means of demonstrating our corporate commitment to our community than through our generosity in the SEFA campaign.

I hope that this letter helps to set the SEFA record straight. I look forward to working with all members of the UB community in a successful SEFA campaign in Fall 2003 and I hope that I can count on your full support in that important endeavor.

Mark H. Karwan

Professor and Dean
School of Engineering and Applied Sciences
Chair, UB SEFA 2003

Reporter commended for balanced coverage of letters

To the Editor:

I would like to commend the Reporter for its balanced coverage of the variety of faculty, staff and student opinion on the Iraq War. Unlike the national media, which has been dominated by reportage in bed with the conquering legions, you have offered a forum for both sides.

The larger group of more than 200 faculty and staff opposing the first-strike attack received about as much space as the dozen or so who backed the Bush administration's haste toward war under the guise of terror prevention.

In these times when the fear of terrorism has quickly lead to the deprecation of traditional American civil liberties, free expression of opinion and freedom of the press must be vigorously upheld. We are living in dangerous times-less because of foreign terrorists than because we have an un-elected federal executive regime with a covert corporate agenda seeking popularity through easily winnable wars.

The free and still legal expression of the deeply held views of informed citizens, especially at the university, maintains traditional American rights and values. Thanks to the Reporter for supporting free expression in the true spirit of American democracy and to those faculty and staff with the courage to speak out.

Sincerely,

Mark J. Ludwig

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