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Senate Democrats Ready to Talk School Governance
July 1st, 2009

Senate Democrats are now very interested in addressing school governance. Today at a press conference Democratic leader Sen, John Sampson said he would like to start discussions with Mayor Michael Bloomberg about school governance legislation.

But yesterday, during their legally questionable voting spree, Democrats ignored the school governance measure, that had already passed in the Assembly. The Assembly bill would largely retain the Mayor’s general authority over schools.

What has changed in the last 24 hours to make Senate Democrats suddenly interested, even though the leadership struggle has yet to be decided? Oh, that’s right! Mayoral control of schools expired last night at midnight.

Sampson said today that he wants to “strengthen” the Assembly’s school governance bill and now clearly he feels he has more bargaining power to do that. At a press conference today, Sampson scolded a reporter, saying the proper term was not “mayoral control” but “school governance.”

A number of Democrats had been clearly preparing for the legislation to sunset, some seemed excited by the prospect. They called the June 30 deadline “arbitrary” and were clearly gearing up for post-control negotiations. Read the rest of this entry »

By David King on July 1, 2009, 3:48 pm
In category: Albany, Education, Eye on Albany
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The Board Delegates
July 1st, 2009

Today marked the first day after the end of mayoral control of schools — without mobs in the streets or armies of lawyers storming Tweed Courthouse. Instead the word of the hour was “stability,” as the mayor and borough presidents moved quickly to preserve mayoral control in practice, if not name.

By early this morning, when it became apparent the State Senate would not pass a school governance bill, the city resurrected the Board of Education and announced it would hold an emergency meeting at noon today at Tweed Courthouse.

The meeting started almost an hour late — and lasted only minutes. Read the rest of this entry »

By Gail Robinson on July 1, 2009, 1:02 pm
In category: Albany, Education, Eye on Albany, Gotham City
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Every Senator Counts
June 30th, 2009

The fate of a number of key pieces of legislation — including the hike in the city sales tax — apparently now hinges on whether or not GOP Sen. Frank Padavan of Queens was or was not on the Senate floor today.

Padavan’s alleged — and clearly brief — presence on the floor, along with that of all 31 Democrats, gave the body a quorum. (Senators do not have to remain in the chamber for the entire meeting to be counted as being there.) That has enabled the Democrats to begin passing legislation.

Its not over yet, though, Gov. David Paterson told a 12:30 p.m. briefing that the Republican conference maintains that Padavan never signed in and so cannot be counted as legally present. Referring to his eight years as a Senate floor leader, Paterson said,” Senators dont sign in. They just walk in, and they’re recognized.” He did express reluctance, however, to sign legislation that may have been passed without a quorum.
Read the rest of this entry »

By Gail Robinson on June 30, 2009, 12:14 pm
In category: Albany, Eye on Albany, Gotham City
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Judge Rules, Inaction Continues
June 29th, 2009

Supreme Court Judge Joseph Teresi has ruled that Democratic and Republican senators must report together for session tomorrow at 10 a.m. Teresi rejected the daily separate sessions both sides have been holding. “To come into session as separate groups is a fiction,” said Teresi.

So everyone is going to get right back to work then and that is that–not quite.

Republicans plan to file an appeal of the ruling at 9 a.m. tomorrow, thereby freezing Teresi’s order. Democrats have yet to announce whether they will seek an appeal–they may be setting up to vilify the Republicans for their appeal instead.

So it seems senators may not report to do their jobs yet again. Who would have guessed?

Meanwhile, power-sharing negotiations have gotten nowhere. Both sides tried their best to throw each other in front of the bus that is the looming June 30 deadline for renewing important pieces of legislation. Legislation scheduled to sunset tomorrow includes mayoral control of schools and measures to provide funding to municipalities across the state.

Democrats proposed holding a session at noon tomorrow if Republicans agree to their rules for a temporary power-sharing arrangement. Democrats put forward a slate of non-controversial legislation they feel must be acted on. Read the rest of this entry »

By David King on June 29, 2009, 5:13 pm
In category: Albany, Eye on Albany
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The Weekenders
June 27th, 2009

Most senators showed up for separate special sessions today. They were only there for a few minutes before they went back to their offices. There were appointments to approve but they didn’t bother with that.

The optimism that existed on Thursday has been muted. It could be that senators are just bummed to be working weekends but it is more likely because potential deals have come together and crumbled, over and over again. Sen. Pedro Espada and others insisted that they are doing their best to reach a deal this weekend.

The rest of the world is preparing for the Senate to remain deadlocked for the near future. Gov. David Paterson is meeting with Mayor Michael Bloomberg tomorrow to discuss the expiration of mayoral control. School governance legislation and a number of measures that help localities balance their budgets are set to expire on Tuesday.

Sen. Malcolm Smith appears to be less involved in negotiations than he was earlier this week. That could be because some Democrat’s were very unhappy about a possible deal that would have left him in charge.

Legislators are due back in the chamber tomorrow evening. With some luck they might stay in their seats for more than a few minutes. Read the rest of this entry »

By David King on June 27, 2009, 10:16 pm
In category: Albany, Eye on Albany, Gotham City
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Paterson Halts Senate Pork
June 26th, 2009

“The member item process is over,” said Gov. David Paterson moments ago at a press conference. Senators were set to allocate member items (also known as pork) on June 8 but a pesky coup happened before they could get to it. Now it seems they won’t get the chance at least until the leadership debacle is decided.

Republicans were upset that Democrats had given them a fraction of the member items they used to received when they controlled the Senate. Sen. Pedro Espada was reportedly angry that Democrats would not give more than $2 million in member items to groups hastily set up by his known associates.

Now Paterson says he will not process any member items. “We have informed leaders of both sides that we are no longer paying any member items to senators.” Paterson was asked if the process would resume if and when a power-sharing deal was reached. He did not respond. Without any member items lined out for this year there aren’t any for Paterson to stop.

Paterson also called shenanigans on assertions by senators that they are close to a power-sharing agreement. “They are now telling you that they are meeting and are very close to an agreement,” he said ” No, they are very close to the weekend. They have put the weekend over the interests of New Yorkers.”

Also part of the governor’s get-tough policy is a trip to court to try to get legislators to “compel the Senate to meet in session.” Paterson said that senators didn’t meet the requirements of extraordinary session by failing to reach a quorum and gavel into session.

Paterson reiterated that he will call senators back to work over the weekend and until the leadership crisis is resolved.

By David King on June 26, 2009, 12:52 pm
In category: Albany, Eye on Albany
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What's the Deal?
June 26th, 2009

Word is a deal is taking shape that that would allow the Senate to get back to work. The much talked about arraignment would have Sen. Malcolm Smith serve as president pro tempore, Sen. Dean Skelos as majority leader, Sen. Pedro Espada as vice president pro tempore and Sen. John Sampson as leader of the Democratic conference. The only problem is, well, there are lots of problems.

First off Republicans and Espada came out of negotiations this morning to deny they would accept a deal that recognized them as holding anything other than the posts they say they were elected to during the June 8 coup.

On the Democrats side there are hang-ups about giving Espada a significant post and how long the deal will last. Republicans want a deal to last for two years, while Democrats want a shorter term.

There is a lot at stake here, including eventual redistricting. Republicans want to keep themselves relevant as Democrats win more seats. And Democrats want to make sure they have the ability to flex their muscles if their ranks grow in next year’s election.

Perhaps more significantly, there is a lot of strife in the Democratic conference. Members are unhappy that Smith has managed to remain in control of the conference, after they say his “abysmal” leadership got them into this mess in the first place. The Democrats’ dissatisfaction with their leadership has been growing over the last few days. If the consternation continues some Democrats say it could lead to further splinters in the already fractured party. Read the rest of this entry »

By David King on June 26, 2009, 12:08 pm
In category: Albany, Eye on Albany
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The Hardscrabble Existence of State Senators
June 26th, 2009

Gov. David Paterson’s strategy to make senator’s more uncomfortable may not be producing legislation but it has has driven them closer together.

The warring factions of the Senate held separate extraordinary sessions today. Republicans and Democrats spent about seven minutes combined in the Senate chamber but there was clear coordination between them to hold the sessions. Democrats quickly ushered their staff off the floor to allow Republicans to take over the chamber. They wanted to avoid embarrassing clashes between legislators–the kinds of incidents that characterized session on Tuesday.

More obvious was the coordination by both sides to attack Paterson. “Throwing gasoline on the fire,” was the phrase used by Republicans and Democrats to describe Paterson’s repeated call for extraordinary session.

Sens. Carl Kruger, Hiram Monserrate and Eric Adams slammed Paterson’s sessions as a “farce.” They say that without having the Assembly in extraordinary session, to pass the same-as bills,” any legislation the Senate passes isn’t legal. The trio dared Paterson to sign the bills that Democrats managed to pass on Tuesday. Kruger said he felt like he was being “held hostage” and insisted Paterson doesn’t understand the negotiation process.

In seconds legislators went from angrily bashing Paterson to smiling while telling reporters that they are nearing an agreement. They insisted they simply needed a three-day weekend to finalize things. Read the rest of this entry »

By David King on June 26, 2009, 12:18 am
In category: Albany, Eye on Albany
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Cooling Off Period
June 25th, 2009

It’s not over until it’s over, but both sides in the State Senate feud have pledged to reach an agreement and come back to work on Monday, David King reports from Albany. There is a caveat, though: For that to happen, various senators say, the governor has to abandon the idea of special Senate sessions for the next three days. Promising to be good, the senators say they will then spend that time negotiating.

And so today’s bipartisan message was clear: The governor is not the solution but the problem. In fact, Brooklyn Sen. Kevin Parker told King, “The governor did what the rest of us couldn’t, which was to unite the Senate.”

Parker might really need the time to cool off. He had some choice words for Paterson. He told reporters that Paterson is a “coke snorting, staff-banging governor.”

Meanwhile three Democrats with wavering party allegiances — Pedro Espada Jr., Hiram Monserrate, and Ruben Diaz Sr. — were spied conferring in the corridors, whispering to one another. Diaz appeared upset, while Monserrate rubbed his shoulders and tried to calm him.

Any idea what that was about?

By Gail Robinson on June 25, 2009, 2:50 pm
In category: Albany, Eye on Albany
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Goading the Governor?
June 25th, 2009

As negotiations continue over if, when and how the State Senate can get back to business, the senators seems to be reaching consensus on one point, David King reports from Albany: They do not like the way Gov. David Paterson is dealing with the situation.

Republican leader Dean Skelos and the man who started all this, Pedro Espada Jr., both emerged from talks today to accuse Paterson of pouring gasoline on the fire.

Meanwhile three members of Paterson’s own party– Hiram Monserrate, who broke with the Democrats and then returned; Carl Kruger, who is allied with the Democratic renegades; and Eric Adams — now want the governor to put his signature where his mouth is. The three do not think the legislation passed during the special Senate sessions Paterson has called are legal, because the the Assembly has not been called into session as well. But in throwing down the gauntlet to Paterson, the three argue that, if Paterson thinks the legislation is legal, he should sign the 11 bills Senate Democrats passed on Wednesday. To bolster their argument that the Assembly should be on hand too, they note that some measures Paterson want the Senate to act on have not yet passed the Assembly.

To Paterson, of course, the passage of legislation may be a bit beside the point. He might well reason that the special session is the only way to keep senators in Albany, so they will negotiate and end this crisis sometime in the foreseeable future.

By Gail Robinson on June 25, 2009, 1:12 pm
In category: Albany, Eye on Albany, Gotham City
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An End in Sight?
June 25th, 2009

There may finally be a deal in the battle for control of the Senate. Representatives from both sides met this morning and neither Republicans nor Democrats are occupying the Senate chamber. An announcement could come shortly. Special session is still scheduled for 3 p.m.

By David King on June 25, 2009, 11:36 am
In category: Albany, Eye on Albany
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Third Time's the Charm?
June 25th, 2009

There will be another special session of the Senate tomorrow. The last two were pretty special. Why not have another? Gov. David Paterson won’t have to act on his threat to go to court to get get legislators to attend. Paterson’s office released this statement late this evening:

The leadership from both the Republicans and Democrats has notified my office that they will attend tomorrow’s Extraordinary Session. By complying with their constitutionally mandated obligations, there will be no need to seek a court order tomorrow. However, I will continue to use every power at my disposal to ensure that the Senate gets back to the people’s business.

It is doubtful that any legislating will occur. Paterson is also looking into docking the senator’s pay.

By David King on June 25, 2009, 1:01 am
In category: Albany, Eye on Albany
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Short but Sour Senate Session
June 24th, 2009

The Senate was in session for about five minutes today. Only Democrats showed up. They had been staking out the chamber since early this morning. In the end a few Democrats rose to question the legitimacy of Paterson’s special session and then they left.

Both Democrats and Republicans are concerned that under state law both houses of the legislature have to be called into extraordinary session to pass the same bills.

Both sides are attacking Paterson’s leadership. They say yesterday Paterson’s office did not have legislation ready to present to the Senate in time for the special session, but most importantly the governors office did not understand the implications of calling the Senate into special session without the Assembly.

Democrats say they are headed home. Republicans are staying put. Read the rest of this entry »

By David King on June 24, 2009, 3:37 pm
In category: Albany, Eye on Albany
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If You Thought Today Was Bad...
June 23rd, 2009

Chaos ruled the day in the New York Senate as dueling sessions, taunts, heckling and posturing took precedence over actual legislating. Both Republicans and Democrats acted to pass legislation, but it isn’t clear that any of it was done in a legal fashion.

Republicans came into the chamber after Democrats had arrived and began passing legislation on the “non-controversial calendar,” meaning that unless someone protested it was assumed the bill has full support of the chamber. Republicans passed around 85 bills in this fashion. Democrats remained silent as the votes were called but said later that Republicans did not take quorum to begin the session and therefore the legislation was not acted on legally. Republicans claim they took a quorum.

At 3 p.m., the scheduled start of the extraordinary session, Democrats began their session, while Republicans tried to move to address the legislation Paterson had directed to be addressed. Leaders from both sides spoke over each other. Charges of “you’re out of order” rang from both sides of the room. Republicans asked for the bills put forward by Paterson for the special session, Sen. Malcolm Smith said that the bills had yet to arrive.

Smith called the session at ease. But Skelos, still presiding over his session began to address his members. Skelos complained that Senate staff had not provided them with the bill jackets for the legislation that they acted on.

“If they were actually in charge, they would have the bill jackets,” said Sen. Kevin Parker who was standing at ease under Smith’s orders. Skelos glared at Parker and Democratic leader Sen. John Sampson told Parker to “Calm down.”

Republicans left the chamber saying they would return at 5 p.m. Democrats voted on a number of bills put forward by Paterson in the Republicans’ absence. And they acted, as the Republicans had, in reading from the “non-controversial calendar.” There were no objections and the bills passed.

At times the scene was disturbing for its utter lack of seriousness, civility and regard for the public trust. Some Senators joked, laughed and seemed to find particular glee in the mess they have created. But tomorrow, as impossible as it seems, may actually be even more chaotic. Read the rest of this entry »

By David King on June 23, 2009, 10:29 pm
In category: Albany, Eye on Albany, Finance
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Extraordinary Session Gets Bizarre
June 23rd, 2009

The extraordinary session of the Senate, called by Gov. David Paterson, is supposed to start at 3 p.m., the faux session called by Republicans was supposed to start at 2 p.m. Senate Democrats have apparently trumped all that by entering the Senate chamber and locking the doors.

Both sides say power-sharing negotiations have broken down. This could be a play by the Democrats to simply have control of the gavel before the special session starts. It could also be far stranger than that but who knows? At this point the Democrats have locked themselves away.

A Democratic Senator told me last week that Democrats could have entered the chamber to hold sessions as Republicans have, “just to lay physical claim to the chamber.” But he said Democrats wanted to focus on the “substance” of the debate, not “the spectacle.” Plans seem to have have changed.

Republicans still intend to hold session.

By David King on June 23, 2009, 12:21 pm
In category: Albany, Eye on Albany
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Paterson Puts His Foot Down
June 22nd, 2009

Gov. David Paterson has refused the pleas of Senate leaders to delay his call for an extraordinary session of the Senate. Democratic and Republican leaders reportedly asked Paterson for more time to negotiate. The governor declined. Paterson called for a special session at 3 p.m. tomorrow. The Times Union has the slate of legislation that is going to be considered. Legislators have to show up but they can’t be compelled to actually vote.

Republicans are holding another one of their faux sessions, while hoping one Democrat might just show up to give the quorum. The possibility of another Democratic defector seems to be increasing. Sen. Ruben Diaz told the Observer this morning that he may have to reconsider his allegiance to the Democrats if Paterson brings gay marriage to a vote as part of a special session. Paterson told the New York Times this morning that he intends to do just that.

Meanwhile, tenants advocates are at the Capitol demanding that pro-tenant legislation be included in that slate of legislation. Michael McKee of the Tenants PAC sent out an email this morning asking supporters to contact the Governors Office.

Deputy Mayor Kevin Sheekey paid Senate Democrats a visit during their conference this afternoon. It seems likely that Sheekey is pressing Democrats to pass the Assembly’s Mayoral control legislation. Sen. Daniel Squadron is now sponsoring the Assembly version in the Senate.

The Assembly is prepared to crank out legislation into tonight, seemingly in an effort to get out of Albany before the Senate actually gets around to any legislating, to ensure that the Senate does not attempt to tinker with any legislation the Assembly has already passed.

By David King on June 22, 2009, 3:01 pm
In category: Albany, Eye on Albany
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Senate Leaders in Negotiations (Updated)
June 18th, 2009

Sens. Dean Skelos and Pedro Espada, Jr., abandoned their regularly scheduled non session this afternoon to attend a meeting with Democratic leaders.

Democrats launched a campaign this morning for Republicans to ditch Espada as Senate President and there is talk that Republicans might be considering doing just that. Yesterday, Democrats began using the phrase “Espada Republicans,” and the Democratic Senate Campaign Committee began robocalling Republican Senate districts linking Republicans to Espada. The strategy could be paying off.

Skelos has stood by Espada for the past two weeks but when asked today if he would consider moving ahead without Espada in a leadership position he was less firm. Skelos replied only that there was going to be a “conversation.”

Update: The Times Union is reporting that some sort of power sharing agreement might have been close– at least one between Republicans and Sen. Darrell Aubertine. According to the report a disagreement over whether Espada would be president pro tempore led to negotiations collapsing. Republicans returned to the Senate Chamber to admonish Democrats for not “showing up to work.”

As non session ended Skelos was asked why Espada had not used the two votes he claims to have. “I think perhaps, and we’re checking that out…I don’t know if that is the case.”

Democrats have been hinting that Republicans want to negotiate without Espada. Republicans have returned fire by hinting that Sen. Darrell Aubertine might be considering attending session with them. Republicans said that Aubertine asked them to put legislation he favors on the active list and assumed that meant he might come to the chamber to vote on it. Aubertine’s representatives have denied Aubertine has interest in working with the Espada lead coalition. Aubertine told the Times Union that he was considering attending session under a failed power- sharing agreement.

Democrats say they are headed home for the weekend but that negotiations will continue.

By David King on June 18, 2009, 11:49 am
In category: Albany, Eye on Albany
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Senate Democrats Love Espada
June 17th, 2009

Democrats think they have a new ally in the battle for control of the Senate and the hearts and minds of New York’s voters. His name is Pedro Espada, Jr. “Espada Republicans” is a phrase being bandied about by Democrats who feel that the controversial Espada is doing them a big favor by being the mouthpiece of the Republican-plus-one-Democrat “coalition.”

The Democratic Senate Campaign Committee is running robocalls in the districts of Republican Senators, trying to connect them with Espada. “Pedro Espadas campaign was convicted of stealing from the elderly to pay for his campaigns, and was just accused of trying to steal millions of taxpayer dollars through bogus nonprofits!” goes the script for the calls. It continues by telling voters to call their local Senators and “tell him weve had enough corruption in Albany. We need him to stop the nonsense, get rid of Pedro Espada and get back to work.”

It certainly helps Democrats that the face of the coalition is confronting a number of investigations and owes the state thousands of dollars in fines for failure to submit his campaign filings.

But the icing on the cake for Democrats is that Espada has a tendency to make brash proclamations (sometimes in the third person) that turn out not to hold much water. Read the rest of this entry »

By David King on June 17, 2009, 8:33 pm
In category: Albany, Eye on Albany
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Assembly Passes Mayoral Control, Senate Does Nothing
June 17th, 2009

I got a little misty eyed today standing in the Assembly chamber watching bills come to a vote in orderly fashion, listening to civil but vibrant debate. I’ll chalk it up to the long hours and the kicking-and-screaming, name-calling accusation storm that is now the New York Senate.

But seriously, Assembly Speaker Sheldon Silver’s school governance bill did pass in the Assembly today by a vote of 121-18. Its just one of hundreds of pieces of legislation the Assembly has acted on whose fate is now uncertain because of the state of the Senate.

Silver’s bill largely preserves the current governance structure, which Mayor Michael Bloomberg favors. Those who voted against the bill are Democrats who want considerable more checks and balances in the system.

Their hopes rest on Sen. John Sampson, the new leader of the Senate Democrats. Sampson has made it clear he favors reforming the current school governance system to allow more public input. Sampson sponsored a bill in the Senate that some say would gut Bloombergs control of schools. Read the rest of this entry »

By David King on June 17, 2009, 7:12 pm
In category: Albany, Eye on Albany
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Assembly to Senate: Get it Together!
June 16th, 2009

A group of eight Assembly members who represent New York City signed a letter today asking Senate leadership to pull it together. The Assembly has been in session and passing legislation while the Senate has veered into chaos.

One of the legislators’ main requests is that the Senate vote to repeal vacancy decontrol. The prospects of that happening seem fairly slim.

Tomorrow the Assembly is expected to vote on school governance and the home rule message that needs to be approved for the city budget to go forward. It is not at all clear when the Senate will be considering legislation again.

The full letter follows: Read the rest of this entry »

By David King on June 16, 2009, 11:16 pm
In category: Albany, Eye on Albany
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