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Albany Watch

Insights and tidbits from the state Capitol

The Stalemate Goes On

July
3

Senators are expected to spend July Fourth at the state Capitol after the warring sides Friday met privately with Gov. David Paterson, but failed to reach an agreement to end the nearly four-week leadership fight.

“We’re going to be here for the July Fourth celebration,” Sen. Pedro Espada, D-Bronx, said after emerging from an hour-long leaders’ meeting with Paterson at the Capitol.

The sides said they continue to work to end the stalemate that started June 8 after Espada and Sen. Hiram Monserrate, D-Queens, joined Republicans to overthrow the Democratic majority. Monserrate since rejoined the Democratic conference, leading to the 31-31 deadlock.

“We want to restore the pubic confidence that we can get something done,” said Sen. Malcolm Smith, D-Queens, who was ousted as majority leadersip in the coup.

But senators remains at odds over who is in charge. Republicans continue to insist on a long-term agreement to share power but want to maintain the control they say they won June 8.

Espada, who was voted as Senate president in the coup, said he and Republicans floated to Paterson a proposal that would swap the Senate presidency every six months until the end of 2010—when the next Senate elections are held.

Democrats want a short-term deal that would allow the sides to pass critical legislation, such as tax extenders for local governments. The city of Yonkers said it will run out of money in a few weeks if the Senate doesn’t extend some local taxes.

Paterson has ordered senators to attend special sessions every day over the holiday weekend. Ones are scheduled Saturday and Sunday at 3 p.m.

On Thursday, state Comptroller Thomas DiNapoli said he will withhold senators’ pay until the leadership dispute is resolved.

Posted by Joseph Spector on Friday, July 3rd, 2009 at 2:50 pm
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DiNapoli To Withhold Senators’ Pay

July
2

They won’t get pork-barrel money and per diems, and now Comptroller Thomas DiNapoli said he’s going to move to withhold senators’ pay during the leadership standoff.

Democrats already said they’ll take the matter to court.

“We don’t think there is any legal justification for withholding the pay,” said Senate Democratic spokesman Austin Shafran.

DiNapoli’s office had indicated last week that legislative pay could be off limits because the state constitution says their pay can’t be altered during their term.

But DiNapoli thinks it’s doable.

Here’s DiNapoli’s statement:

“Shortly after the Senate leadership controversy arose, I directed my staff to stop processing any Senate vouchers, including those for Senators’ travel. To date, we are holding more than 250 vouchers, totaling $560,000.

The question of withholding Senators’ pay has raised complicated legal and constitutional issues. My staff has been meeting with Governor Paterson’s staff to resolve those issues. These discussions are ongoing.

Out of respect for the separation of powers, I have strived to avoid inserting my office into what is essentially an internal matter within a separate branch of government. But the deadlock in the Senate is undermining the ability of state government to function. Taxpayers are paying a very high price. The stalemate is costing taxpayers across the state millions of dollars a day.

As the state’s fiscal officer, I have a responsibility to taxpayers to safeguard their interests. These are difficult fiscal times. The state needs leadership and action.

I have instructed my staff to initiate the process to hold Senators’ pay. I have also filed suit in Supreme Court seeking declaratory judgment to clarify the Constitutional and statutory obligations surrounding this matter.

Every elected official has a duty to serve the people of this great state. I urge Senators to resolve their differences now. The people of New York deserve no less.”

Posted by Joseph Spector on Thursday, July 2nd, 2009 at 4:49 pm
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Senate Leaders Meet With Paterson

July
2

In late afternoon meeting behind closed doors, Senate leaders met with Gov. David Paterson in hopes of trying to reach a compromise over their ongoing leadership fight.

They said there is progress, reports GNS reporter Heather Senison.

“We think the governor has brought us together,” said Sen. Malcolm Smith, D-Queens.

But Democrats continued to talk about a short-term solution, while Republicans talk about a long-term deal through 2010.

“It’s clear the governor has a unique opportunity here to be in receipt within 10 minutes of a long-term agreement, a global agreement that would last through 2010,” said Sen. Pedro Espada, D-Bronx, who is sided with the Republicans.

“We’re going to provide that for him, he’s going to peruse it, review it and we’ll be back in here meeting and making progress tomorrow.”

Posted by Joseph Spector on Thursday, July 2nd, 2009 at 4:24 pm
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No Leaders Meeting Today

July
2

The warring Senate sides can’t even negotiate to sit down together in public session to discuss their differences.

After saying yesterday that they were open to a public leaders meeting, Democrats didn’t convene a meeting today with Republicans.

Senate Democratic spokesman Austin Shafran said Democrats don’t want to be subjected to Republicans showing more videos, as Republican Sen. Dean Skelos and rogue Democrat Pedro Espada did yesterday when they replayed the June 8 coup. Democrats didn’t show up.

But Senate Republican spokesman John McArdle said no videos were planned. He said the staffs talked last night about the terms of a public leaders meeting, but the talks have broken down.

“The Democrats refuse to meet,” he said.

Senate Republicans asked Gov. David Paterson to intervene yesterday, saying he should call the sides together and either have a meeting in public or call them together behind closed doors. But no response from the governor on whether he will do that.

Posted by Joseph Spector on Thursday, July 2nd, 2009 at 11:41 am
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Courageous or just thirsty?

July
1

   Democrats referred to Sen. Frank Padavan, R-Queens, today as “courageous” for walking into the chamber while they were conducting session yesterday. He became the 32nd senator they needed in order to have a quorum and pass bills. Democrats and Republicans, who have one Democrat on their side, have been deadlocked in a 31-31 split for a few weeks and haven’t been able to take up legislative business.

   Padavan (pictured in photo) said he was on his way to get a cup of coffee in the members’ lounge and made his way through the chamber because the hallway outside the Senate was blocked by a crowd of reporters. (In other renditions of the story, Padavan was getting a soda or a V-8.) He and other Republicans have called the Democrats’ session “fraudulent” and are disputing its validity.

   But Democrats see it a little differently.

   Sen. Craig Johnson, D-Nassau County, said Republicans have been calling Democrats—or at least one of them—to join them in the Senate chamber so they could get a quorum. “It just takes one of you to walk into the chamber, one of you to walk into chamber, just one courageous senator,” Johnson parroted.

   “Frank Padavan is that one courageous senator,” Johnson said. “Whether it’s for a V-8, a Coca-Cola or a cup of coffee, a 37-year veteran … walked in and didn’t just walk in and walk out, walked across the chamber.”

   Johnson said it would have been great if more GOP senators had “joined Sen. Padavan’s courage” yesterday.

   That led to the following question from one reporter: “With all due respect, do you really think Sen. Padavan was being courageous when he came in or just thirsty?”

Posted by Cara Matthews on Wednesday, July 1st, 2009 at 4:45 pm
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Paterson: The Senate Is Spending July 4th In Albany

July
1

Gov. David Paterson confirmed this afternoon what most senators expected: He’s keeping them in town through the July 4th weekend. He said he signed proclamations for special sessions through July 6.

“Yes, the legislators are spending the July 4th weekend in Albany, hopefully resolving this conflict,” he said at his daily news conference on the stalemate.

The sessions will start at 3 p.m. each day. The governor’s proclamation convenes the Senate to act on legislation that would extend mayoral control of New York City schools, authorize a higher sales tax in New York City, and implement a collective bargaining agreement for the City University of New York. Those three items appear on each day’s agenda. He also included taking action on gubernatorial nominations to state authorities and commissions on the proclamations.

Paterson faces questions about whether he will sign legislation that Senate Democrats claimed they passed legally yesterday when Republican Sen. Frank Padavan, R-Queens, entered the chamber briefly.

Paterson said he would not sign bills that are in dispute because it could cause the measures to face legal challenges. But he also didn’t say he would veto the legislation if it’s returned to the Assembly, which already passed the measures, and put on his desk.

“Even if I signed the legislation, it’s still in dispute,” he said.

Posted by Joseph Spector on Wednesday, July 1st, 2009 at 3:57 pm
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Another Short Session

July
1

Senate Democrat and Republicans gaveled in and out of session again this afternoon without taking any action.

The whole thing lasted a few minutes before the 62 senators left the chambers.

Senators said they are preparing to be in Albany for the Fourth of July weekend, expecting Gov. David Paterson to continue to call daily special sessions.

He’s holding his daily press conference at 4:30 p.m. today.

Sen. Pedro Espada, D-Bronx, said the special sessions are useless.

“It’s nothing more than a continued opportunity by Governor Paterson’s pollsters to think that they will increase their favorable rating, and the evidence on that is pretty much in. It’s not working for them,” Espada said.

A Marist College poll yesterday found that Paterson’s approval rating is still at record lows, with 21 percent of New Yorkers approving of the job he’s doing.

Posted by Joseph Spector on Wednesday, July 1st, 2009 at 3:16 pm
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Senate Democrats, Republicans Continue Battle

July
1

With no agreement on the horizon, the warring state senators were back at it today, with Republicans holding a leaders meeting without Democrats and Democrats claiming that yesterday’s votes on bills were legal.

Since Democrats decided not to show up to the leaders’ meeting, Republicans and Sen. Pedro Espada, D-Bronx, went ahead anyway. They showed a video clip of the June 8 coup to reiterate that it was legal, then released documents that they claim show that Democratic secretary to the senate Angelo Aponte altered the Senate Journal to delete the leadership vote.

“I will not back off from the June 8th election,” Espada said, adding he’s willing to have a new vote on the Senate floor between himself and Sen. Malcolm Smith, D-Queens, who was ousted as majority leader in the coup.

Sen. Dean Skelos, R-Nassau County, said the fact that Democrats didn’t show up is illustrative of the fact that Democrats are fractured.

“Again, the frustration that we have with that conference is that we don’t know who is in charge of the conference and who we negotiate with,” he said.

Meanwhile, Democrats held their own sessions with the media. Democrats claimed that yesterday’s vote on more than 100 bills was legal because Sen. Frank Padavan, R-Queens, entered the room when they were in session.

“Our legal team has concluded that yesterday’s procedures were entirely proper under the New York state Constitution, the laws of the State of New York and long standing Senate rules and procedures,” the Democrats memo reads.

The bills were to be forwarded to the state Assembly, which has already voted on the measures. But yesterday the Assembly refused to accept the bills. But Democrats said negotiations with the Assembly are continuing.

Gov. David Paterson said yesterday he would also not sign the bills.

Posted by Joseph Spector on Wednesday, July 1st, 2009 at 1:22 pm
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Four items on session agenda

July
1

July
1

   Gov. David Paterson’s agenda for today’s 3 p.m. session is looking a little slim. He has asked senators to take up four items—appointments to the state Medical Advisory Committee, the Capital District Transportation Authority, the state Bridge Authority and the Empire State Plaza Art Commission.

   Yesterday’s proclamation included such weighty issues as extending the Power for Jobs program, which provides low-cost power to businesses, and extending mayoral control of New York City schools. Democrats claim that a Republican senator’s apparently inadvertent walk through the chamber yesterday made him part of the session. Since the Democrats and Republicans are split 31-31 (one Democrat is in a coalition with the GOP), Democrats said GOP Sen. Frank Padavan of Queens’ entrance into the Senate gave them the quorum of 32 they needed to pass bills. 

   Democrats, and the 32nd senator, passed the Power for Jobs bill yesterday, along with dozens of others. Gov. David Paterson said yesterday that he would not sign them. They did not take up mayoral control of New York City schools, which expired at 11:59 p.m. yesterday.

Posted by Cara Matthews on Wednesday, July 1st, 2009 at 9:48 am
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Meeting or showdown at noon?

July
1


   Senate Republicans have invited Democrats to a noon meeting to discuss crafting a long-term bipartisan agreement to run the chamber. The two sides have been feuding since June 8, when GOP senators and two Democrats voted to take control of the chamber away from Democrats. Democrats dispute the vote, and the two sides have been unable to reach a compromise.

   The news release issued this morning by the GOP said Senate Democratic leaders Malcolm Smith and John Sampson had been invited and were expected to attend. A spokesman for the Senate Democrats could not immediately confirm that. The meeting is in the Legislative Office Building.

   Democrats have been offering a short-term compromise that would put the long-term leadership question aside for now so the two parties could convene in session and pass time-sensitive legislation. Democrats said the leader could alternate between the two parties while work was completed. Republicans stand firm in saying they want a long-term agreement through 2010 and are not open to any short-term deals.

   Meanwhile, Gov. David Paterson has called another special session for 3 p.m. He has called one every day since June 23—and even two yesterday— with the intention of forcing senators to meet and work out their problems. So far it hasn’t worked. They have met separately for most sessions and each side claims to have passed bills, but the governor has said he would not sign them.

   The deadline for renewing a number of state laws and programs expired yesterday, including Power for Jobs, which provides low-cost power to businesses, and mayoral control of the New York City education system.

Posted by Cara Matthews on Wednesday, July 1st, 2009 at 9:24 am
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A behind-the-scenes look at state government and politics from the Capitol bureau of Gannett News Service.
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About the authors
Jay GallagherJay Gallagher has covered Albany for Gannett News Service since 1984 and has been Albany Bureau chief since 1989. He`s a native of the Boston area and likes to point out that in this millennium, the score is Red Sox 1 championship, the Yankees 0.
Cara MatthewsCara Matthews has been a statehouse correspondent in the Albany Bureau since August 2005. Prior to that, she covered Putnam County government and politics at The Journal News for nearly five years. Before that, she worked at newspapers in Connecticut and covered the state Legislature for one of them.

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