Republicans retake state Senate, aided by renegade Democrats
ALBANY - A plan hatched six weeks ago in an Albany bar erupted today when Republicans, with the help of two renegade Democrats, seized control of the State Senate in a flurry of maneuvers that stunned the Capitol and threw into doubt the remaining three weeks of the legislative session.
Taking Democrats by complete surprise, Republicans, in what was to be an otherwise unremarkable session, introduced a resolution making one of the dissident Democrats, Bronx Sen. Pedro Espada Jr., the president of the Senate and Dean Skelos, a Long Island Republican, its majority leader.
Democrats, after considerable huddling, balked, and eventually walked out of the chamber. But left behind were two Democrats, who joined with the 30 Republicans to provide enough votes to make the switch back to Republican control … just six months after Democrats took over following last fall's elections.
The ousted majority leader, Sen. Malcolm Smith, insisted he and his fellow Democrats are still in charge, though he said there would be no legislative session until the smoke cleared and the power feud was resolved.
Republicans, meanwhile, insisted they will hold session Wednesday.
"It was absolutely necessary," said Espada, who, unless Smith can change things, now becomes first in line to succeed Gov. David A. Paterson should he for any reason leave office.
Paterson said tonight he still recognizes Smith as leader.
Espada said a coalition government was being created, and he has commitments from five more Democratic senators who will join his cause. He did not name them.
Sen. Antoine Thompson, of Buffalo, said he is remaining firm with the majority of Democrats, while Sen. William Stachowski, a Lake View Democrat, declined comment this afternoon and could not be reached for comment tonight.
Espada blamed the coup on the "sheer chaos" of the past six months - including a secretive state budget process and lack of reforms. Espada and the Republicans immediately approved new rules, including an independent legislative budget office and term limits for legislative leaders.
But Smith, seeking to soothe Democratic tensions, sought to blame the Republicans for moving to "disrupt" the Senate.
"I would hope the public is outraged," he said, urging voters to call their senators to keep the Democrats in control. The matter could end up in court, though judges rarely like to venture into the affairs of the Legislature, lawyers said.
Paterson emerged tonight to deride the actions by the GOP and two Democrats as "a dereliction of duty." He said the ensuing chaos has "shut the government functions down" at the Capitol with dozens of major issues still on the table before lawmakers leave town.
"This is despicable what happened here today," he said of a move that overturns the will of voters last fall turning the Senate into Democratic control.
"With all due respect to the governor, he has no vote in this matter," Espada said.
Working to help the coup happen was Buffalo Sabres owner B. Thomas Golisano, who spent more than $4 million last fall helping Democrats take the Senate. But he has since become disillusioned with the Senate Democrats. He and his political advisor, Steve Pigeon, spent the past several weeks helping the Republicans with the plan.
Sources told The Buffalo News the coup was initially planned six weeks ago in an Albany bar called Red Square in a meeting with Pigeon and other Golisano advisors, Skelos and Sen. Thomas Libous, a Binghamton Republican who led today's floor fight.
By last week, Espada and Sen. Hiram Monserrate, a Queens Democrat, were on board. In a town that can't keep a secret, this one was amazing: even rank-and-file Republicans were not told what would be happening Monday.
Golisano, who recently moved his legal address to Florida, was at the Capitol to watch the drama.
"It was obvious to us they weren't going to keep their commitment, and that was very bad for New York state," Golisano said of Senate Democrats in an interview with The News. He called today "a great day for New York," and said his disappointment with his financial investment with the Senate Democrats helped force Monday's coup. "It didn't materialize," Golisano said of his donations he thought were going to fuel change in Albany.
A person involved in the planning said it became clear to Golisano six weeks ago in a meeting with Smith that things were not going to change.
Paterson bristled at Golisano's role. "Wealthy donors walking around take credit for it moments after it happened, is that reform?" Paterson said.
Espada, though, said it was Smith and others who benefited from Golisano's donations last year. "I didn't receive a penny from Mr. Golisano," he said of last fall or in the coup.
If the takeover holds, Democrats were clearly out-maneuvered by Republicans, who ran the Senate for most of 70 years and became experts in parliamentary rules.
Libous offered the new leadership resolution, which was ruled out of order by the senator presiding over the chamber. Republicans then demanded a vote on that order, which, after considerable legal huddling by Democrats, was permitted. In the far corner of the room, Espada and his seatmate, Monserrate, rose to join the Republicans on the other side of the chamber.
But Democrats then stormed out. Moments later the lights were turned off, Internet service and closed-circuit TV of the proceedings was stopped and guards threatened to lock the door. The remaining 32 members - a majority in the 62-member house - then ruled the move by Democrats to adjourn out of order. They gaveled back in, pushed through the leadership change and swore in the new leaders.
The confusion spread. A photographer who worked for the Republicans last year and then for the Democrats this year shouted into her cell phone on the Senate floor soon after the coup: "I don't know who I should be photographing right now."
Down the hall, state troopers suddenly began guarding the Democrats in their closed-door strategy session.
A couple hours later, Smith went before reporters to say everything would be fine.
But two immediate problems emerged: seven Democrats were missing from the photo opportunity to show Smith in command and he could not say when the Senate, which he insisted he still controlled, would be back in session - except when all is "straightened out and clear."
Unless the coup is overturned, Skelos, who has insisted upstaters have been abused since Democrats took the Senate in January, returns to the job he held seven months ago. Espada becomes president in a rare power-sharing arrangement. "The two of them have to even agree on office changes," one staffer said.
The drama is remarkable even by the standards of Albany, which has seen a rash of soap operas play out over the past few years of scandals and a disgraced former governor. It comes as lawmakers are ending their last three weeks of the 2009 session, and throws into the air everything from the future of the state's main economic development program to legalization of gay marriage, which are among the many contentious issues still on the table.
Asked if the Senate was now in the hands of Republicans, Espada said, "I am a Democrat and I am president of this chamber."
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