ALBANY - A dissident Democrat who helped Republicans seize power in the New York Senate a week ago has returned to the Democratic fold and declared that Democrats must retake the majority he cost them.
The Associated Press
State Supreme Court Judge Thomas McNamara looks over documents in his courtroom in Albany on Monday morning during a short hearing on the New York State Senate issue involving control of the Senate. Two dissident Democrats helped Republicans seize power in the New York Senate a week ago.
State Supreme Court Judge Thomas McNamara looks over documents in his courtroom in Albany on Monday morning during a short hearing on the New York State Senate issue involving control of the Senate. Two dissident Democrats helped Republicans seize power in the New York Senate a week ago.
“We need to take back the Senate,” said Sen. Hiram Monserrate of Queens, insisting Democrats were united.
A seven-day stretch that began with a shocking parliamentary revolt orchestrated by a coalition of Republicans and the two rogue Democrats - Monserrate and Sen. Pedro Espada - resulted Monday in a 31-31 split between the Democratic conference and the uneasy coalition.
In a raucous news conference that was cut short, Democrats refused to answer questions about control of the Senate or their own party with just four days left in the session.
Republicans and Espada held a brief session, but no other Democrat showed up, denying a quorum. The chamber doors and a cabinet holding bills were unlocked by Democrats on Monday but 70 bills planned for action were missing, Republicans said. Senate Democrats also refused to air the session on the Senate TV station.
Although there was no agreement on how to share power, Democratic Gov. David Paterson stepped in Monday to try to broker a deal. A state court that threatened to mandate a power-sharing structure, heartened by Paterson's involvement, gave senators until Tuesday morning to agree on a way to share power.
That led to a late afternoon meeting behind closed doors in which both sides continued to argue they control the Senate.
“They didn't show up for work,” said Republican Sen. Dean Skelos after the meeting, referring to two coalition Senate sessions boycotted by the Democratic conference. “They should be docked pay.”
“I'm not going to work out an agreement under unreasonable terms,” said Democratic Sen. John Sampson. “It's our position we are in the majority and the majority has its perks. I guess they want to be in our position.”
Without agreement, the case is headed toward a resolution by the courts, which have tried to avoid involvement in another branch of government's power squabble.
Paterson had no immediate comment.
“This is a case that is best resolved outside the parameters of a courtroom,” said state Supreme Court Justice Thomas McNamara.
But Republicans and Espada say the coalition created a week ago remains firmly in place, with Democrats unable to muster a 32-vote majority to undo the action.
“On June 8, we cast 32 votes to change the majority leader and the president of the Senate and it, too, will count,” Espada said.
Monserrate, who still faces an assault charge that could cost him his seat if convicted, extracted a leadership change among Senate Democrats before he rejoined the conference Monday. Sen. John Sampson of Brooklyn was named to a newly created position of conference leader in charge of daily operation and, as Monserrate put it, to be “the face of the conference.”
Monserrate described himself as a government reformer, saying he is “unbought and unbossed.”
“The voters in my district sent this ex-Marine, this ex-beat cop, to come up here and shake things up, and I'm not walking away from that,” Monserrate said.
Where that leaves Sen. Malcolm Smith of Queens, who was elected majority leader in January, and his deputy, Sen. Jeffrey Klein of the Bronx, wasn't clear. That will be decided in coming days, Smith said, although he insists he is still majority leader and president of the Senate.
In a news conference, Smith described his job as like a corporate chairman of the board, and Sampson as chief executive officer. But as the day unfolded, it became clear Sampson was calling the shots.
Espada, of the Bronx, maintained Monday that he is majority leader, the Senate's top position, because 32 senators voted for him during the takeover a week ago. Even though Monserrate has since rejoined Democrats, the party has only 31 votes, not enough to overcome what Espada says was last week's legally binding vote.
Paterson called a leaders' meeting of senators to work out a power-sharing agreement. He took the action because he said the Senate needs to convene this last whole week of session to pass important bills including funding for New York City's budget, the lapsing of mayoral control of New York City schools, approvals for critical local tax initiatives statewide, a bill to legalize same-sex marriage and renewal of a ticket-scalping law that has lapsed. Legislative leaders, however, don't have to attend a meeting called by the governor.
Senators from both sides eventually agreed to meet alone and then meet with Paterson if they failed to agree. Paterson didn't set a timetable for meeting.
The 31-31 tie is possible in the 62-seat Senate because there is no lieutenant governor to break deadlocks. Paterson was lieutenant governor in 2008 when Gov. Eliot Spitzer resigned in disgrace amid a prostitution investigation.
Democrats claim the coalition's parliamentary revolt was done after shocked Democrats hastily adjourned the session, making it invalid.
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Associated Press Writer Valerie Bauman in Albany contributed to this report.
AP-ES-06-15-09 1841EDT
A seven-day stretch that began with a shocking parliamentary revolt orchestrated by a coalition of Republicans and the two rogue Democrats - Monserrate and Sen. Pedro Espada - resulted Monday in a 31-31 split between the Democratic conference and the uneasy coalition.
In a raucous news conference that was cut short, Democrats refused to answer questions about control of the Senate or their own party with just four days left in the session.
Republicans and Espada held a brief session, but no other Democrat showed up, denying a quorum. The chamber doors and a cabinet holding bills were unlocked by Democrats on Monday but 70 bills planned for action were missing, Republicans said. Senate Democrats also refused to air the session on the Senate TV station.
Although there was no agreement on how to share power, Democratic Gov. David Paterson stepped in Monday to try to broker a deal. A state court that threatened to mandate a power-sharing structure, heartened by Paterson's involvement, gave senators until Tuesday morning to agree on a way to share power.
That led to a late afternoon meeting behind closed doors in which both sides continued to argue they control the Senate.
“They didn't show up for work,” said Republican Sen. Dean Skelos after the meeting, referring to two coalition Senate sessions boycotted by the Democratic conference. “They should be docked pay.”
“I'm not going to work out an agreement under unreasonable terms,” said Democratic Sen. John Sampson. “It's our position we are in the majority and the majority has its perks. I guess they want to be in our position.”
Without agreement, the case is headed toward a resolution by the courts, which have tried to avoid involvement in another branch of government's power squabble.
Paterson had no immediate comment.
“This is a case that is best resolved outside the parameters of a courtroom,” said state Supreme Court Justice Thomas McNamara.
But Republicans and Espada say the coalition created a week ago remains firmly in place, with Democrats unable to muster a 32-vote majority to undo the action.
“On June 8, we cast 32 votes to change the majority leader and the president of the Senate and it, too, will count,” Espada said.
Monserrate, who still faces an assault charge that could cost him his seat if convicted, extracted a leadership change among Senate Democrats before he rejoined the conference Monday. Sen. John Sampson of Brooklyn was named to a newly created position of conference leader in charge of daily operation and, as Monserrate put it, to be “the face of the conference.”
Monserrate described himself as a government reformer, saying he is “unbought and unbossed.”
“The voters in my district sent this ex-Marine, this ex-beat cop, to come up here and shake things up, and I'm not walking away from that,” Monserrate said.
Where that leaves Sen. Malcolm Smith of Queens, who was elected majority leader in January, and his deputy, Sen. Jeffrey Klein of the Bronx, wasn't clear. That will be decided in coming days, Smith said, although he insists he is still majority leader and president of the Senate.
In a news conference, Smith described his job as like a corporate chairman of the board, and Sampson as chief executive officer. But as the day unfolded, it became clear Sampson was calling the shots.
Espada, of the Bronx, maintained Monday that he is majority leader, the Senate's top position, because 32 senators voted for him during the takeover a week ago. Even though Monserrate has since rejoined Democrats, the party has only 31 votes, not enough to overcome what Espada says was last week's legally binding vote.
Paterson called a leaders' meeting of senators to work out a power-sharing agreement. He took the action because he said the Senate needs to convene this last whole week of session to pass important bills including funding for New York City's budget, the lapsing of mayoral control of New York City schools, approvals for critical local tax initiatives statewide, a bill to legalize same-sex marriage and renewal of a ticket-scalping law that has lapsed. Legislative leaders, however, don't have to attend a meeting called by the governor.
Senators from both sides eventually agreed to meet alone and then meet with Paterson if they failed to agree. Paterson didn't set a timetable for meeting.
The 31-31 tie is possible in the 62-seat Senate because there is no lieutenant governor to break deadlocks. Paterson was lieutenant governor in 2008 when Gov. Eliot Spitzer resigned in disgrace amid a prostitution investigation.
Democrats claim the coalition's parliamentary revolt was done after shocked Democrats hastily adjourned the session, making it invalid.
---
Associated Press Writer Valerie Bauman in Albany contributed to this report.
AP-ES-06-15-09 1841EDT
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