Cuomo rejects legality of Paterson appointing a lieutenant governor
ALBANY — Gov. David A. Paterson on Monday was not ruling out trying to appoint a lieutenant governor to break the month-old stalemate in the State Senate, although state Attorney General Andrew M. Cuomo dismissed the idea as unconstitutional.
Two government watchdog groups and a Democratic member of the Assembly insisted Monday that a section of state law permits the governor to choose a second-in-command, who would then serve as the presiding officer of the Senate and be in a position to break the current 31-31 tie between the warring factions.
The latest twist in the saga, which continued to evolve with no end in sight, came as Democratic and Republican leaders appeared Monday to be pulling farther apart in talks to try to resolve the gridlock that began June 8.
With two new lawsuits filed and one threatened — making seven legal actions in this impasse— several Democrats held a private lunch with Sen. Pedro Espada of the Bronx, the dissident Democrat who made the coup possible. They sought to bring Espada and several Republicans to their side.
Sources said talks involved possibly agreeing to make Espada the Senate’s president if he returned to the Democrats, though ousting Sen. Dean G. Skelos, the Long Island Republican named majority leader after the coup. Espada said no, sources said.
“Folks understand that where I’m at is where I’m going to stay,” Espada said.
Later, Democratic senators held a long closed-door session to discuss a brewing leadership fight within their own ranks. Democrats have been restless since June 8, and the tensions appear to be rising with each day, lawmakers said. They said there is a softening to the prospect of having Espada rejoin their conference; the debate is over what title he could hold.
Senators held another Paterson-ordered special session Monday. Again, they met for less than 10 minutes and passed no bills. But Democratic Sen. Malcolm A. Smith of Queens, ousted June 8 as Senate president, told them they had served “one of the most distinguished bodies in this country.”
Ideas to break the logjam have flowed mightily: put a neutral person in the presiding officer's chair so dozens of time-sensitive bills can get passed, bring in a mediator, bring in an arbitrator, get senators to flip their allegiance, have Senate co-presidents, or just create a unicameral legislature.
The newest idea for possibly breaking the logjam came from Assemblyman Michael N. Gianaris, a Queens Democrat who has his eyes on the attorney general’s job someday. Gianaris, backed by Citizens Union and Common Cause, said his reading of state law allows Paterson to appoint a lieutenant governor. That post has been empty since Paterson became governor in March 2008 after Gov. Eliot L. Spitzer resigned in a prostitution scandal.
“We think we’re on very sound legal ground,” Gianaris said.
"We do feel that this interpretation is sound. We think it's strong. It is an interpretation," said Susan Lerner, executive director of New York Common Cause.
"There isn't black letter law. There isn't every point laid out in the statute, but there is no reason why the governor cannot take this interpretation, fill this vacancy, and end this train wreck that has appalled the entire state."
Wrong, said Cuomo, noting that the state constitution says the Senate president takes over the duties of lieutenant governor if the post is empty. He said the section of law Gianaris cited never was meant to give the governor the power to name an official to serve as next in line for state government’s top job.
Cuomo said that he understands the "apparent political convenience" of the Gianaris idea but that it is not legal.
He added it would only further the gridlock by providing months' worth of court challenges.
Whether he was being purposely coy or not, Paterson did not rule out the idea. Instead, in a statement, he thanked the backers for the thought, said it has been under review in his office for some time and that he looks forward to working with Gianaris and others "to find a way to end the stalemate and get the Senate back to work."
The new gridlock-breaking idea - which would almost certainly see a Democratic governor appointing a Democratic lieutenant governor to help the Democrats take back the chamber - was dismissed by Senate Republicans. Sen. George Winner, an Elmira Republican, called it "silly" and a "publicity stunt."
"If the governor wants to violate the constitution, I guess he can do that," Skelos said.
. He should spend his energy in getting the Democrats to get a total global solution to this problem so we don't have it in the future," said Skelos.
Republicans want a long-term deal to fix the current impasse; Democrats want a short-term fix and one that ignores the June 8 coup's results.
Assemblyman Robin Schimminger, a Kenmore Democrat who for years has had legislation to fill a vacancy in the lieutenant governor's office, called the idea by his fellow Democrat "quite a stretch to use that provision to fill a vacancy in an elected office, especially a statewide one."
Beyond Albany, radio and television ads sponsored by Buffalo Sabres owner B. Thomas Golisano’s Responsible New York political committee began airing statewide. Golisano’s political adviser, G. Steven Pigeon, said they explain why Golisano helped instigate the coup.
Pigeon said Golisano has spent about $200,000 on the new round of ads and estimated he has spent at least $350,000 since June 8.
"We look to do more if this thing continues," he said.
On the legal front, state Comptroller Thomas DiNapoli made good on his vow to seek a court ruling that gives him the authority to withhold senators' paychecks because of the leadership dispute. He plans on withholding the 62 paychecks this Wednesday.
And Sen. Darrel Aubertine, a Watertown-area Democrat, sued in state court Monday to compel the Assembly to transmit more than 100 bills passed last week in the Senate. Democrats argue their session was legal after a short-cut seeking Republican walked through the chamber and provided a quorum to pass bills. Assembly Democrats have refused to accept the bills, and Paterson has said he won't sign them with a legal cloud hanging over their passage.
And Suffolk County Executive Steve Levy this morning will file suit asking a state court to settle the Senate leadership fight so that dozens of local bills … such as extension of existing sales tax surcharges … can emerge from the gridlock.
471554
News Political Reporter Robert J. McCarthy contributed to this report. tprecious@buffnews.com
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.
Reader comments