Democrats claim Republican passing through chamber provided quorum to act on legislation
Short-cut takes bizarre twist in State Senate gridlock
Published: July 01, 2009, 12:30 am
Story tools:
Share this story:
ALBANY — State senators were paid Tuesday to argue over who could sit in the biggest chair in the chamber, debate whether a Republican looking for a can of Coke could be counted for a quorum and to haggle over whether bills passed by one faction are legal or a sham.
Welcome to the State Capitol, where every day now is just a bit more bizarre than the previous 24 hours.
By midnight, the Senate divide became more than just Albany theater.
Laws began expiring because of the wrangling. They included a discount energy program to help companies and not-for-profits lower their utility bills.
Senate Democrats, taking advantage of a GOP senator taking a short-cut during a session that the GOP was boycotting, claimed they finally had the necessary 32 senators in the chamber for a quorum and began passing bills.
Gov. David A. Paterson initially declared the move, which stunned lawmakers on both sides, was legal, but then reversed himself, saying he would not sign the bills. He then ordered the two sides back to a special session Tuesday night, which like the others over the past week, did not pass any bills.
By nightfall, though, Senate Democrats and Republicans were saying Paterson was wavering and that he might sign the bills.
“I think he’s waffling,” Sen. Dean G. Skelos, a Rockville Centre Republican, said of Paterson.
“Last we heard the governor was doing his famous ‘I don’t remember what I said 10 minutes ago,’” added Sen. Pedro Espada Jr., the Bronx Democrat who joined with Skelos and 30 Republicans in the June 8 coup to take over the chamber.
But Peter Kauffmann, a Paterson spokesman, said the governor will not sign the bills. But if the bills are sent to him, he can do nothing, and they automatically would become law in 10 days.
“That’s on him,” Sen. Antoine M. Thompson, a Buffalo Democrat, said of Paterson. “I think our conference has forced him to sign them even if we have to take him to court to do it.”
Senate Democrats declared victory in the three-week impasse with what they insisted was a legal session that approved 125 bills, including the extension of Power for Jobs, along with sales tax surcharges for Cattaraugus, Niagara and other counties, plus hotel taxes for counties that included Chautauqua.
Republicans warned that the bills risk litigation if signed into law under a legal cloud. Buffalo Public Schools, for instance, should be wary about a bill Democrats passed approving a $200 million bonding plan for a new school construction effort, they suggested. Bond underwriters would shy away from such a program, they said.
The parliamentary fun started with a thirsty senator, Sen. Frank Padavan, a veteran Queens Republican.
A couple hours before Padavan went in search of the drink heard ’round Albany, Democrats and Republicans met together for the first real session since the June 8 coup.
Republicans participated after an appeals court refused to stay an order issued Monday by a state judge that the warring partisan factions come together — instead of meeting in dueling, separate gatherings — in the chamber for a 10 a. m. special session ordered by Paterson.
Sen. Malcolm A. Smith, a Queens Democrat who was president and majority leader before the coup, whispered on the floor to Skelos, who claimed the majority leader’s title after the coup. Republicans said Smith suggested the warring sides quickly end the session and go negotiate. They did.
As noon approached, chairs and a table were set up outside the Senate chamber for what was billed as a chance for a public airing of the dispute by the leaders. A large scrum of reporters then filled the hallway.
Enter Padavan.
Padavan said he saw the hallway logjam and decided to take a short-cut to a Senate lounge for a Coke.
At that moment, Democrats were beginning their own session. They only had 31 senators — not enough for a quorum. But senators said they saw Padavan ambling through the back of the chamber. He was logged in as present. They quickly gaveled in, counted Padavan as the 32nd senator in the room, and claimed a quorum. Bills started passing immediately.
Down the hall, harried Republican lawyers rushed about as a confused-looking Padavan listened to aides describing what just happened.
Democrats claimed that, under a long tradition, a senator spotted in the chamber is counted as present. Wrong, Padavan said.
“I think it’s a fraud,” Padavan said.
Downstairs, Paterson was holding a news conference. He praised the surprise Senate voting. Moments later, he stepped out of the room to take a call from Padavan.
“I’ve known you for 25 years. Were you in the chamber when it gaveled in?” Paterson said to Padavan, according to a source who heard the call on a speaker phone. “Absolutely not,” Padavan told him.
“Frank, none of this counts,” the governor said. Paterson then walked back to the news conference to say he believed Padavan and the bills would not be signed.
Republicans called it a show, insisting only Espada and Skelos can call a session.
“They can recognize Frank Padavan or the ghost of Frank Padavan, but the bottom line is they called a session that is illegal,” said Sen. Thomas Libous, a Binghamton Republican.
The governor ordered the sides back into another special session at 3 p. m. today.
Democrats and Republicans say the sessions are illegal because Paterson has failed to call the Assembly back.
The stalemate’s ramifications could become far more serious. All sides expect the state budget to fall out of balance, requiring both houses to return to cut spending. A gridlocked Senate then could create havoc for the state’s fiscal plan.
Lobbyists weren’t sure what to think. To be safe, several frantically tried to pull Democratic senators off the floor to get bills they wanted onto the calendar — just in case what was going on was legal.
For their part, Democrats were gleeful with the parliamentary exercise they pulled on the Republicans.
“We have a coalition,” said Sen. John L. Sampson, a Brooklyn Democrat, mocking the one Democrat and 30 Republicans claiming control. “Thirty-one Democrats and one Republican, Sen. Frank Padavan.”
tprecious@buffnews.com
Reader comments
Log into MyBuffalo to post a comment
MyBuffalo is the new social network from Buffalo.com. Your MyBuffalo account lets you comment on and rate stories at buffalonews.com. You can also head over to mybuffalo.com to share your blog posts, stories, photos, and videos with the community. Join now or learn more.
Comments have been disabled.
Due to a high volume of submissions that violate The News’ guidelines, commenting is no longer available on this story. If you’d like to share your thoughts on this story, click here to get information on contributing to The News’ opinion pages.