Patersons Lieutenant Governor Pick Reignites N.y. Senate Fight
Paterson named the former Metropolitan Transportation Authority chairman in a bid to break a 31-31 deadlock between Republicans and Democrats. The state has lacked a lieutenant governor, who serves as Senate president empowered to break tie votes, since March 2008 when Eliot Spitzer resigned under pressure and Paterson, a Democrat, became governor.
“One thing the governor will accomplish is that he will create even more chaos that will result in more lawsuits and more government gridlock,” said Senate Republican leader Dean Skelos in a written statement. “The governor has said that he expects his decision to be challenged in court. He is right.”
Paterson, describing the appointment as unprecedented, said he based his decision on a state law providing for gubernatorial appointment to fill vacancies of elected officials. Republicans, citing an opinion from Attorney General Andrew Cuomo, called the action unconstitutional.
Democratic leader Malcolm Smith, who praised Ravitchs appointment, predicted the Senate would go into session today and approve bills to permit municipalities and counties statewide to enact some $2.9 billion in revenue measures.
Lacks Authority
Skelos, who like Smith claims the title, “Senate Majority Leader,” disputed that scenario. Ravitch “has no legal authority to preside over the session and doing so only delays our ability to reach a long-term resolution” to disputes over power sharing, he said.
The impasse began June 8, when Democratic Senators Pedro Espada of the Bronx and Hiram Monserrate of Queens joined the Republicans to wrest control of the chamber. Within days, Monserrate returned to the Democratic fold, creating the tie.
In the month that followed, Paterson said he met with dozens of senators in groups and individually, issuing proclamations forcing them into session every day including over the July 4 holiday, refusing to pay their expense vouchers and yesterday withholding their pay.
The crisis, Paterson said in a five-minute televised address, “goes well beyond the squabble in the Senate. The real issue is the economy.” Revenue projections are down 36 percent in the last three months, he said. “If the Legislature does not come back and pass serious cuts, the financial picture of the state is bleak.”
With no lieutenant governor and with leadership of the Senate in dispute, Paterson said New York lacked a clear line of succession.
Rules of Succession
The governor will order the full Senate into session today. Democrats, who retain control of the gavel, will accept Ravitchs authority as Senate temporary president, calling for legislative votes that have been blocked for a month, Democratic leader Smith said.
“With the full Senate in session, we will have a quorum and the bills will be called to a vote,” said Senator Eric Schneiderman, a Bronx Democrat. “If the Republicans really want to walk out on votes to fund job programs and enable towns to balance their budgets, they have that choice.”
Cash Shortage
In Yonkers, a city of 200,000 north of New York City, Mayor Phil Amicone said his city may run out of operating cash due to Senate inaction on revenue measures that have held up state approval of his $900 million budget and barred him from sending out property tax bills.
Paterson said he decided to make the appointment after consulting with Columbia University constitutional law professor Richard Briffault and other scholars on the legality of the appointment.
Cuomo on July 6 said a state constitutional provision giving the temporary Senate president “all the duties of the lieutenant governor” would supersede Patersons appointment of one.
Filling the position “would not provide long-term political stability but rather the opposite, by involving the governor in a political ploy that would wind through the courts for many months,” Cuomo said.