Those two sides faced off on Tuesday (February 26, 2008) at the City of Buffalo Common Council Legislative Committee meeting. Mr. Garcia has been picked to head the City of Buffalo's Commission Citizens' Rights and Community Relations.

While an employee of Kalieda Health Systems, Garcia was the target of a complaint to the New York State Division of Human Rights made by a Kalieda co-worker. The complaint alleged that Mr. Garcia had in multiple instances, used anti-gay slurs towards the individual making the complaint.

The discrimination complaint contends that Andres Garcia created a "hostile work environment" by subjecting a gay worker to negative comments that included disparaging names and jokes.

State officials would not divulge information except to confirm that a "private settlement" to the complaint was reached. Garcia ended his 16-year career at Kaleida Health Systems eight months after the complaint was filed. The complaint was settled by the Kaleida and the complainant prior to any hearing and action by the New York State Division of Human Rights.

Because of the fact that the terms of the settlement require that the particulars of the complaint be kept confidential the name of the complainant has not been confirmed by the state officials.

Brian James Whitley-Grassi, the executive director of the Pride Center operated by Aids Community Services has indicated that the complainant is a member of that group's board of directors.

Speakers at the hearing including James Rolls, an attorney who indicated that he had represented the complainant in the matter that was resolved with Kalieda, read from the narrative of the complaint. He indicated that Mr. Garcia is alleged to have used the words "cocksucker" and "faggot" in conversations with the complainant.

Of the almost 80 people present at the meeting, many supported Garcia, insisting they've never heard him utter a single slur against gays, minorities or women. They argued that his 30 year record of community activism speaks for itself.

The Buffalo Common Council does not have approval authority in the hiring of Mr. Garcia.

Frank Mesiah, who heads the local NAACP, said he has worked with Garcia for many years. "Not once have I ever heard any kind of disparaging name against any group of people," he said.

The opposition to Mr. Garcia's hiring has surprised many gay and lesbian people in Buffalo. Mr. Garcia was a familiar face at many glbt fundraisers and glbt owned businesses.

Garcia along with NACCP leader Frank Mesiah initiated a successful effort that in 1998 saw the City Council add sexual orientation to the City of Buffalo Non-Discrimination law. Garcia also was a volunteer and supporter of Barbra Kavanaugh's successful campaign that saw her become the first openly gay/lesbian elected official in Western New York.

Garcia has worked to assist people with HIV/Aids and has been part of several prevention programs that stemmed from his tenure as the head of the City of Buffalo drug abuse program. •Tim Moran

Commission on Citizens’ Rights and Community Relations