[NYAPRS Enews] Gannett: 31-31 Split Looms For NYS Senate; Power Sharing Sought

[Matt Canuteson]

31-31 Split Looms For Senate
Work It Out, Judge Urges NY Lawmakers
By Joseph Spector and Cara Matthews Gannett News Service June 16, 2009

ALBANY - Chaos and uncertainty continued Monday in the state Senate as
Democrats changed leadership, Republicans held session without the votes
to pass legislation, and a state Supreme Court judge gave the sides
until today to sort out their differences.

A week after a stunning coup by Republicans and two dissident Democrats,
the Senate moved into deeper gridlock with the votes now split 31-31
between the parties. Sen. Hiram Monserrate, D-Queens, rejoined the
Democratic conference Monday after joining the coup a week ago.

His decision further complicated who is in charge of the Senate.
Republicans contended they still held power and the June 8 leadership
vote was legal, claiming Sen. Pedro Espada, D-Bronx, is the Senate's
temporary president.

Democrats argued the leadership vote was illegal and were instead
seeking a power-sharing agreement with Republicans. But Republicans
rejected any deal with Democrats and held a brief session where 30
Republicans and Espada showed up.

Espada took to the podium of the Senate chambers and asked senators to
convene, saying "Senators, we're asking that everyone come to work
today."

Without 32 votes, however, there was not a quorum to take any action. So
dozens of bills, from sales-tax extenders for local governments to
legalizing same-sex marriage, remain shelved.

"There's no relief in sight," said Blair Horner, legislative director
for the New York Public Interest Research Group. "At 31-31, it's going
to take bipartisan agreement, and there's no evidence as yet that
there's any thaw in the deep freeze."

Senate Democrats said they planned to file a contempt of court claim
against Espada, saying that a restraining order issued last week by a
state appeals court judge prohibits Espada from conducting session.

In state Supreme Court, meanwhile, a judge held off ruling whether the
coup by Senate Republicans last week was legal. He ordered the sides
back to court 10 a.m. today and urged them to reach resolution
themselves.

"Again, in the strongest way I can urge you, please resolve this without
the necessity of a court intervention," Judge Thomas McNamara said.

Legislative leaders were holding a closed-door meeting late Monday, but
Republicans insisted they would not agree to share power.

"The vote was legal," Senate Republican Leader Dean Skelos, R-Nassau
County, said of last week's vote. "Why would we negotiate something away
that we believe is legal?"

Gov. David Paterson tried to intervene and bring the sides together in
his office. But the legislators agreed to meet themselves without him,
saying it was a legislative issue.

Republicans contend Espada as temporary Senate president can break any
tie vote if the Senate is 31-31.

Normally, the state's lieutenant governor would break any tie vote, but
that position has been vacant since Paterson replaced disgraced Gov.
Eliot Spitzer in March 2008.

Leadership Switched

Senate Democrats established a new leadership structure as a way to lure
Monserrate back to the conference. One of Monserrate's conditions was
that Sen. Malcolm Smith, D-Queens, be removed as majority leader. That
request was granted: Sen. John Sampson, D-Brooklyn, was named leader and
will handle the conference's day-to-day operations.

Because there are not 32 votes to officially vote him out and because of
the court case, in which Smith is named as the plaintiff, Smith said he
will still hold the majority leader title. Smith was elected leader in
January, when Democrats took control of the Senate for the first time
since 1965.

"After what happened last week, we have to do some adjustments in how we
operate," Smith said.

Monserrate said he agreed to rejoin the conference because "I have
always been very clear about my loyalty to the Democratic Party, in fact
I have always been a progressive Democrat. The Democratic Party remains
the party of reform."

Power Sharing Sought

Democrats said they would like to reach a power-sharing agreement with
Republicans because of the 31-31 stalemate.

"There must be a power-sharing agreement for the Senate to operate,"
Democratic Senate attorney Richard Emery said. "That requires a lot of
negotiations, a lot of give and take between the parties and hopefully
that's what about to happen."

Espada told the Journal's Albany bureau he spoke Monday morning with
Monserrate and Monserrate is willing to sign an affidavit that last
Monday's vote was legal.

But Monserrate didn't indicate he would still support last week's vote,
saying the legality of the vote would be handled in a "judicial
process."

Espada said the Senate will not be at impasse.

"I totally disagree with the 31-31 scenario," he said. "Do we really
think we'll have a 31-31 Senate with a same-sex (marriage) bill on the
floor or a school governance bill on the floor? I think there's a host
of issues that we'll be taking on after today is said and done that
don't break down by party lines."

Republican senators said there are bi-partisan bills that could get
passed if Democrats returned to session.

"I think there is a lot of agreement on the bills and we should get
those done," said Sen. Thomas Morahan, R-New City.

http://www.poughkeepsiejournal.com/article/20090616/NEWS12/906160321

 

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