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Albany Watch

Insights and tidbits from the state Capitol

Archive for June, 2009

GOP, Democrats hold separate sessions — again

June
26

   First Democrats filed into the Senate chamber this afternoon and held a two-minute session before leaving, then Republicans essentially did the same thing a few minutes later. One of the only differences is that Democrats had a moment of silence in memory of pop star Michael Jackson and actress Farrah Fawcett, who died yesterday, and Republicans had a general moment of silence.

   There was talk this morning that the two sides were close to resolving their leadership dispute, which has stalled Senate business since it happened June 8, but neither side indicated that a resolution had been reached. Senate President Pro Tempore Pedro Espada, D-Bronx, who helped Republicans take control of the Senate three weeks ago, and Senate Majority Leader Dean Skelos, R-Nassau County, met with Democratic leaders before holding session. No agreement was reached, but senators would keep negotiating today and throughout the weekend, they said.

   “I think that there is some progress being made, but we’re prepared to stay the whole weekend, however long it’s necessary to get a deal done,” Skelos said.

   Espada said he and the Senate Republicans would stay here this Saturday and Sunday and every weekend until November “if that’s what it takes.”

   The coalition holds firm that the June 8 vote was legal and must stand, and it will not accept any deal under which Espada is vice president pro tempore of the Senate, Espada said. Democrats dispute the vote and have said they refuse to accept Espada as Senate president.

   “We should never, ever make believe that in a democracy, a vote, a majority vote, doesn’t count. Be very careful that we accept that standard,” Espada said.  

   Espada and another New York City Democrat, Hiram Monserrate, voted with the GOP three weeks ago to take over the Senate. Monserrate has since rejoined the Democratic conference, so the chamber has 31 Republicans and Espada on one side, and there are 31 Democrats on the other side. That has led to the stalemate.

Posted by Cara Matthews on Friday, June 26th, 2009 at 11:51 am |
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Power-Sharing Deal in Senate Remains Elusive

June
26

Senate Democrats and Republicans met this morning in hopes of reaching a power-sharing agreement that would end the nearly three-week gridlock that has paralyzed the chamber.

But they broke from a closed-door meeting without an agreement, said Sens. Pedro Espada, D-Bronx, and Dean Skelos, R-Nassau County, who led a June 8 coup to oust Democratic leadership.

Gov. David Paterson has called the warring sides into the fourth day of special sessions at noon today in hopes of getting them to pass long-delayed legislation.

But senators said they expect to simply gavel in and gavel out without taking any action, which is what they did Thursday. Paterson has vowed to call special sessions every day until the senators settle the dispute. The Senate is currently split 31-31.

Speculation around the Capitol this morning is that the sides were close to agreeing to share power among the four leaders of the two factions: Democratic conference Sens. Malcolm Smith, D-Queens, and Sen. John Sampson, D-Brooklyn; and Republican-led conference members Sens. Dean Skelos, R-Nassau County, and Pedro Espada, a Bronx Democrat.

But several officials cautioned that there are a number of leadership scenarios being discussed, and after meeting with Democrats, Skelos and Espada emerged to say no deal was reached.

Meanwhile, lawyers for Senate Democrats and Republicans were back in court this morning over
Republicans’ request for a retraining order against Democratic secretary of the senate Angelo Aponte. Republicans claim he has been thwarting their efforts to hold session.

State Supreme Court Judge Thomas McNamara agreed to Republicans’ request to subpoena the transcript and journal record from the June 8 leadership vote.

But he delayed any action on the restraining order. He called both sides back into conference at 1 p.m. Monday.

Republican attorney Jack Casey said there are “sensitive negotiations: between the sides to resolve the leadership fight.

Posted by Joseph Spector on Friday, June 26th, 2009 at 10:59 am |
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Parker Knocks Paterson’s Leadership (Updated)

June
25

Sen. Kevin Parker, D-Brooklyn, had some tough words for Gov. David Paterson today, calling him a “coke-snorting, staff-banging governor.”

Parker, who was recently charged with attacking a New York Post photographer, said Paterson has shown a lack of leadership. He brought up Paterson’s prior admission of past drug use and marital infidelity.

“He’s talked about how absurd this is,” Parker said. “But how absurd is it to have a, you know, coke-snorting, staff-banging governor lecture us about behavior in government. The reality if he wants to be somebody who brings us together, let him do that.”

Parker said Paterson should be bringing the sides together, but is instead throwing out “insults and accusations.”

Paterson has been drawing the ire of senators in his own party, who claim Paterson is illegally calling the sessions and demanding that they stay in Albany.

Paterson later told reporters that said senators are focusing on him instead of getting back to work.

“The issue is about the people of the state of New York,” he said. “The distractions, the whatever it
is, is really just designed to get the people of New York not to look at the real situation.”

Updated: Senate Democrats just put out this statement.

“Obviously this is an extraordinary situation and tempers are flaring, but we must maintain a level of civility and decorum befitting a senator and representative of the people of New York,” said Senate President and Majority Leader Malcolm Smith and Democratic Conference Leader John Sampson.

Posted by Joseph Spector on Thursday, June 25th, 2009 at 5:51 pm |
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Governor signs government-consolidation bill

June
25

   Gov. David Paterson announced today that he has signed legislation that would make it easier for citizens and local officials to consolidate or dissolve local governments. Residents and local governing bodies could petition for abolishing or combining special taxing districts, towns, villages or other government entities.

   New York has more than 10,500 taxing districts statewide, 6,900 of which are town special districts for water, fire and other services.

  “Our system of local government is outdated and overly complicated, and today we are making it easier to consolidate or dissolve local government entities,” Paterson said in a statement. “The legislation represents real reform and will result in bottom-line savings for taxpayers.”

   The legislation does not mandate that consolidation take place. Under a government-initiated process, consolidation or dissolution of local government entities other than towns or villages could take effect without approval from voters. A majority of voters would need to approve consolidation of towns and villages.

   Supporters of the bill said it will improve government efficiency and save money, which will help communities keep property taxes down. It was proposed by state Attorney General Andrew Cuomo.

    “With this new law, taxpayers are now empowered to cut the nation’s highest local tax burden by reining in the bloated and antiquated system that has left the state with layer upon layer of government entities,” Cuomo said in a statement.

   The governor said more changes are needed, such as capping state-government spending and local property taxes, reforming the pension system and providing other mandate

Posted by Cara Matthews on Thursday, June 25th, 2009 at 4:30 pm |
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Governor moves to dock Senate pay

June
25

   Gov. David Paterson said this afternoon that he is asking the state treasurer to withhold the per diem compensation and travel expenses for the Senate as long as they cannot resolve their leadership dispute and act on legislative business. 

   The governor said he has asked state Comptroller Thomas DiNapoli for an opinion on whether senators’ salaries can be withheld. Since Democrats and Republicans disagree over who controls the chamber, there is no official presiding officer of the Senate. That means no one has the authority to OK payments, he said. Senators’ base pay is $79,500 a year, but many get stipends on top of that for leadership positions.

   If any senators do not show up for work, the governor’s office will file a lawsuit to compel them to do so, Paterson said.

   The Senate has been in a stalemate since June 8, when two Democrats broke from the other 30 Democratic senators and voted to put Republicans back in power. One of the Democrats has since re-allied himself with the other 30 Democratic senators, creating a 31-31 deadlock.

   Paterson said senators told him they are close to an agreement and want to go back into session next week. The governor said he is wary, based on the lack of success and progress they have shown so far. “I demand the Senate stay in session until an agreement is reached,” he said.

   The governor responded to criticism he has been receiving from senators—Democrats and Republicans. They have accused him of not providing the leadership needed to resolve the issue.

   “This is a crisis that needs to be redressed and it needs to be redressed now. This is a crisis of governance. This is governance versus chaos, not the governor versus the Legislature,” he said late this afternoon, calling the Senate “derelict” in its duties.

Posted by Cara Matthews on Thursday, June 25th, 2009 at 4:06 pm |
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Senate Dems, GOP hold brief sessions, leadership stalemate continues

June
25

   As the leadership stalemate in the Senate continued today, the Democrats were the first to heed Gov. David Paterson’s call to session this afternoon. They gaveled into session, said the Pledge of Allegiance, and not having any business they could conduct, they ended a few minutes later. After that, Republicans opened their own session, said a Pledge of Allegiance, and ended it a few minutes later for the same reason.

   Senate leaders said they are working in earnest to reach an agreement that would allow the chamber and legislative business to move forward. They have been at a virtual standstill since June 8, when two Democrats allied themselves with Republicans and voted to throw out the Democratic leadership. The vote is in dispute, and Democrats said they would not accept Sen. Pedro Espada, D-Bronx, as Senate president in a coalition with Republicans. The other Democrat who helped the GOP regain power has since returned to the Democratic conference, and there is now a 31-31 deadlock in votes.

   Lawmakers maintain that Paterson cannot call the Senate into session unless he also calls the Assembly. The Assembly completed its business shortly after midnight Tuesday morning. There are legal questions about how bills passed in regular session and in a senate special session could be valid and become law.

Posted by Cara Matthews on Thursday, June 25th, 2009 at 2:41 pm |
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Senators Deliver Paterson Bills; Session Likely To Be Unsuccessful

June
25

The anger over Gov. David Paterson’s handling of the special session is growing among Senate Democrats.

Three of them, Sens. Hiram Monserrate, Carl Kruger and Eric Adams, hand delivered bills the Senate Democrats passed Tuesday and urged Paterson to sign them. They argued that if Paterson thinks Tuesday’s session was legal, he should sign the bills.

“We are calling on him to put his pen where his mouth is,” said Monserrate, who led the June 8 coup and now is back with the Democrats, creating the 31-31 stalemate. He has also been indicted for slashing his girlfriend in the face.

The senators ripped Paterson for calling just the Senate into session and not the Assembly, saying not doing so is illegal and none of the bills that they pass would be legal.

That seems to be the position of the entire Senate, which is planning to go into session at 3 p.m. Senators said they don’t expect much to happen in session because they contend that they can’t pass bills unless the Assembly is also called into special session.

Sen. Pedro Espada, D-Bronx, who is the Senate president of the new majority, said there won’t be dueling sessions like there was Tuesday. He said the sides are working on a resolution.

“You will not have that to report on anymore,” Espada said of Tuesday’s chaotic session. “Those dueling (sessions), that horrific sight will not reoccur.”

Posted by Joseph Spector on Thursday, June 25th, 2009 at 1:49 pm |
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Senate agrees to 3 p.m. session, possibly nothing else

June
25

   Sen. George Winner, R-Elmira, said senators are planning to go into session at 3 p.m. today, but it’s questionable as to why Gov. David Paterson would call a special session when his own counsel has said that any business conducted in the chamber in recent days is not binding or legal. Winner, speaking on Talk 1300 radio in Albany, said he thought the session would be “unproductive from a legislative standpoint.”

   The governor has called a special session for the Senate at 3 p.m. and has asked senators to act on about a dozen pieces of legislation.

   Earlier this week, Senate Democrats and Republicans held competing sessions in the chamber, and the scene was likened to a circus. Winner said he hoped today would not be a repeat of that.  GOP senators who formed a coalition with two Democrats to take over Senate control June 8. One Democrat has since withdrawn from the coalition and returned to the Democratic conference, leaving a 31-31 deadlock. Republicans contend they are in charge of the Senate, but the Democratic conference of senators dispute that. 

   “I would hope that it doesn’t happen again. It’s not productive to have any kind of an unruly atmosphere, but you’ll have to stay tuned. I don’t know whether there’s a resolution to that issue,” Winner said.

   Winner said the governor’s popularity among members of his own party, the Democrats, appears to be dwindling every day.

   “Granted I think that if the governor’s motives are to encourge the two sides to work together, I can only point out to you that both sides are talking. We did not need the governor’s rather bizarre interference here to take place,” Winner said on the radio.

   Democratic senators have also been critical of the governor’s involvement with the Senate. 

   Then again, Winner said, they want Paterson to be the Democrats’ candidate for governor next year because he has such poor approval ratings. That would assure Republicans enough senators to take back the Senate and the office of governor next year.

Posted by Cara Matthews on Thursday, June 25th, 2009 at 10:33 am |
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Senate To Convene Today

June
25

Senate Democrats and Republicans are following Gov. David Paterson’s call to hold a special session this afternoon after he threatened Wednesday to take them to court if they go home.

The sides were meeting this morning behind closed doors to continue discussions on whether the Senate leadership battle can be resolved to end a nearly three-week leadership dispute.

Paterson threatened to take the sides to court after Senate Democrats initially refused to re-enter the chamber because they claimed Paterson’s call of a special session was illegal.

But late Wednesday night Paterson issued a statement saying the sides will agree to meet in session today, the first time since the June 8 leadership coup that they’ll meet in the same session.

“The leadership from both the Republicans and Democrats has notified my office that they will attend (today’s) extraordinary session,” Paterson said.

“By complying with their constitutionally mandated obligations, there will be no need to seek a court order tomorrow. However, I will continue to use every power at my disposal to ensure that the Senate gets back to the people’s business.”

Paterson has asked lawmakers to take up 10 pieces of legislation today, including reforms to the state pension system, allowing the city of Peekskill to impose a tax on real property deeds and extending for two years the mortgage recording tax in Yonkers.

Since Tuesday Paterson has called special sessions, only to have the sessions blow up. On Tuesday, the sides held the dueling sessions, which led to chaos and nothing being accomplished. On Wednesday, only Senate Democrats entered the chamber and they gaveled in and out with taking any action.

The Senate has been deadlocked at 31-31. Republicans and two dissident Democrats voted out the Democratic majority June 8, but one Democrat, Sen. Hiram Monserrate, D-Queens, has rejoined the Democratic conference, leading to the gridlock.

Paterson has threatened to strip pay and stipends from senators until the Senate settles its leadership fight.

His strong attacks on senators have led to a war of words between him and senators in his own party. Senators have blamed Paterson for botching the special sessions by not also calling back the state Assembly, which they say is required by law.

“The one making a mockery of this whole situation is the governor,” Sen. Martin Malave Dilan, D-Brooklyn, said Wednesday. “And the level of incompetence in the second floor is unbelievable. They have no idea what they are doing.”

Posted by Joseph Spector on Thursday, June 25th, 2009 at 9:41 am |
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Paterson: You’re Not Going Home

June
24

An angry Gov. David Paterson said Senate Democrats will not be heading home and if they try, he’ll take them to court at 9 a.m. tomorrow to order them back into session.

Paterson said he will consult with the state Comptroller’s Office to see if he can dock senators their pay and stipends since the June 8 coup. The two-week payroll for the Senate is $2.4 million, and the senators themselves make $190,000 for the two weeks. Senators also get $160 per day for expenses.

“Senators, get to work tomorrow, you’re not going home, you’re not getting paid and you’re not going to disrespect the people of the state of New York any longer,” he said.

Dennis Tompkins, a spokesman for Comptroller Thomas DiNapoli, said there’s nothing in the state Constitution that allows a governor to strip senators of their pay. In fact, the Constitution includes language that prevents from their pay from being diminished, he said.

“It’s very questionable as to whether he can diminish their pay,” Tompkins said, adding the office with discuss the issue with the governor.

There is precedent for delaying lawmakers’ pay, however. If they don’t pass a budget on time, their pay is delayed.

Posted by Joseph Spector on Wednesday, June 24th, 2009 at 4:24 pm |
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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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