Renegades help GOP retake State Senate
Two Break Ranks With Democrats. Coup aided by Golisano follows 6 weeks of planning
ALBANY — A plan hatched six weeks ago in an Albany bar erupted Monday 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 had been expected to be an unremarkable session, introduced a resolution making one of the dissident Democrats, Sen. Pedro Espada Jr. of the Bronx, the president of the Senate and Dean G. Skelos, a Rockville Centre Republican, its majority leader.
After considerable huddling, Democrats 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 switch control of the chamber back to Republicans — just six months after Democrats had taken over as a result of last fall’s elections.
Sen. Malcolm A. Smith of Queens, the ousted majority leader, insisted he and his fellow Democrats remained in charge, although he said no legislative session would be held until the smoke had cleared and the power feud 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 Monday night he still recognizes Smith as leader.
Espada said a coalition government was being formed. He claimed five more Democratic senators had committed to join his cause but did not name them.
Sen. Antoine M. Thompson of Buffalo said he was remaining firm with the majority of Democrats.
Sen. William T. Stachowski of Lake View this morning said he is not joining with the dissidents. "I'm a Democrat," he said in a break from a closed-door meeting with Democrats trying to figure out ways to wrestle control back from the Republicans.
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 actions 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 Monday night 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” in 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 the move that overturns last fall’s vote giving Democrats control of the Senate.
“With all due respect to the governor, he has no vote in this matter,” Espada said.
Buffalo Sabres owner B. Thomas Golisano, who spent more than $4 million last fall helping Democrats take the Senate, aided Monday’s coup. After becoming disillusioned with the Senate Democrats, he and G. Steven Pigeon, his political adviser, spent several weeks helping the Republicans with the plan.
Sources said planning for the coup began six weeks ago in an Albany bar called Red Square in a meeting involving Pigeon, other Golisano advisers, Skelos and Sen. Thomas Libous, a Binghamton Republican who led Monday’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 happen Monday.
Golisano, who recently moved his legal address to Florida, was in 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. He called Monday “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 would fuel change in Albany.
A person involved in the planning said Golisano became convinced six weeks ago after a meeting with Smith that things would not change. Smith kept fiddling with his BlackBerry during the meeting, which angered the billionaire and three-time gubernatorial candidate, the person said.
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 Smith and others had benefited from Golisano’s donations last year. “I didn’t receive a penny from Mr. Golisano,” he said of last fall and the coup.
If the takeover holds, Democrats were clearly outmaneuvered 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 Monserrate, his seat-mate, 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 of 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 intended to show Smith in command, and he could not predict when the Senate, which he insisted he still controlled, would be back in session — except to say that would be when all is “straightened out and clear.”
Unless the coup is overturned, Skelos, who has insisted upstaters have been abused since Democrats took control of the Senate, will return 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, where, in recent years, rash of soap operas have played out involving scandals and a disgraced former governor. Coming as lawmakers are ending their last three weeks of this year’s session, it throws into the air everything from the future of the state’s main economic development program to legalization of gay marriage, among the many contentious issues still on the table.
“I feel it will certainly make it more difficult,” the Rev. Duane Motley, head of a conservative religious group, said of the gay marriage push.
Espada is no stranger to Democratic upheaval.
He once sat with the Republicans conference, although he remained a Democrat. He has also run afoul of campaign finance laws and has owed $60,000 in election law fines from a New York City campaign.
Monserrate was indicted in March on charges of slashing the face of his girlfriend with a broken glass.
Asked if the Senate now was in the hands of Republicans, Espada said, “I am a Democrat, and I am president of this chamber.”
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