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Now Out of Race, Can Paterson Hold On and Govern?


At first it sounded like a stump speech. Gov. David Paterson, with his wife, Michelle Paige Paterson by his side, stood before the press gathered at his Manhattan office on Friday afternoon. Paterson listed his accomplishments in public office, saying he "improved the quality of life of all New Yorkers."

But very quickly his tone changed. There was a hint of finality, everything said in the past tense. "This is his 'You won't have Nixon to kick around anymore' moment," said one press observer.

Aides had told the press Paterson was going to announce the end of his campaign, but his words also rang for the moment as a final farewell.

"There are times in politics when you have to know not to strive for service but to step back. And that moment has come for me," he said.

Paterson, though, did not resign Instead he vowed to remain in office for 308 days until his term expires and said he would spend the time fighting for the people of New York.

The governor's statement on Friday, therefore, left New York in a state of limbo as high-stakes budget negotiations begin.

While some Democrats were glad to see Paterson bow out, a great many express concern that, at such a critical time, New York has a governor who is under investigation and completely without political capitol. They believe that, as the lamest of lame ducks, Paterson will not be able to corral legislators into tough but needed budget cuts. The state is facing an $8.2 billion deficit by spring of next year, according to the state budget office.

Some legislators and officials have called on Paterson to resign and hand over the reins to Lt. Gov. Richard Ravitch. The lieutenant governor, based on his past performances, is seen as a financial wiz and a crack negotiator. Others have come to Paterson's defense. They say the state does not need yet another governor to resign, especially during critical budget negotiations. And some legislators have simply called on Paterson to let Ravitch head negotiations, while Paterson remains in office.

Off With His Head

Despite what Paterson said on Friday, some believe the governor is simply delaying the inevitable.

For weeks, rumors about the contents of a New York Times investigation had floated around the capital. The Times eventually ran three articles about Paterson and his aide David Johnson, the last of which detailed how state troopers pressured a woman who had allegedly been assaulted by Johnson not to seek an order of protection against him. The day before her scheduled court appearance, Paterson allegedly phoned the woman. The woman failed to show up for the hearing and her case was dismissed.

As the final Times story broke, Paterson called for Attorney General Andrew Cuomo to investigate his, his aides' and the state troopers’ involvement in the case. Cuomo, Paterson's chief political rival, agreed. Quickly pressure mounted on Paterson to exit the race, even to resign. For months, Paterson had been facing pressure to exit the race from Democrats who wanted to see Cuomo as the Democratic nominee for governor. On Friday, they got at least half of what they wanted as Paterson halted his campaign.

For some, though, that was not enough.

Perhaps the most striking call for Paterson's resignation came from the man who holds Paterson's former Senate seat, Bill Perkins. "He knows what he did, who he talked to," Perkins told WNYC. "He knows under whose order the state troopers contacted this woman. If the investigation turns out the way many suspect, his resignation is almost inevitable. If that is the case then it is in the best interests of the people of New York for him to cut bait now."

Having Paterson remain in office will only make it harder to move forward, U.S. Rep Michael McMahon said Friday. His "staying in office as a lame duck is a distraction," McMahon said to the Staten Island Advance. "There could be impeachment proceedings."

City Comptroller John Liu also called for Paterson's resignation Friday, citing the best interests of the city. "We have a $4.1 billion budget deficit to grapple with in New York City and cannot make real progress until the state budget is resolved on time one month from now," said Liu. "In order for this to happen, we need Gov. Paterson to step down now. Richard Ravitch has an abundance of integrity, experience and creativity. As governor, Richard Ravitch would be the person most able to steer clear of politics, bring people together, and bring about a balanced, on-time state budget.

A Pass to Ravitch?

While stopping short of calling for Paterson to resign, Liu's state counterpart, Comptroller Thomas DiNapoli agreed about the handling of budget talks. "The governor has made a wise choice to end his election campaign," DiNapoli said, according to the Village Voice. "Now he needs to make another wise choice and designate Lt. Gov. Ravitch to negotiate the budget with the legislature."

Even before the final Times story damned Paterson's campaign, Albany Sen. Neil Breslin was calling on Paterson to allow Ravitch to take the reins in budget negotiations.

"If the governor let the lieutenant governor negotiate on his behalf, he would be very well served," Breslin told Gotham Gazette last Tuesday. After the scandal broke, Breslin was more frank. "I think of this as the straw that broke the camel's back," said Breslin. "If the story proves to be true this will be the last in a lot of missteps for the governor. It is just too much, and a resignation should follow."

Sen. Liz Krueger also supports having Paterson put Ravitch in control of budget negotiations. "Somebody’s got to get this budget negotiated," Krueger told Business Week, saying that Ravitch, "has an experience in government budgeting and negotiating under complex circumstances. He is a very skilled public finance person."

Even without the scandal, some legislators had worried Paterson was too politically weak to negotiate the budget. The latest revelation only reinforced that. " "I don't know if he can find a way to walk himself back into the room and be part of the process," State Sen. Diane Savino told the Advance. "I don't know if he can find a way to walk himself back into the room and be part of the process."

Many legislators had hoped Paterson would draw on Ravitch's expertise during deficit reduction negotiations late last year; nevertheless Ravitch was isolated. It has been reported that Ravitch and Paterson haven't spoken in months.

Ravitch is working on a long-term plan for the state's finances. He wasn't willing to share much about the plan during a recent interview with Gotham Gazette and said he was unsure how it would be received by the legislature. "There are several possibilities," said Ravitch, "One is there will be a lot of screaming, yelling and people saying it's the dumbest idea they have ever heard. My guess is some people will be polite, and I think some people will think the ideas are good, but I really don't want to talk about it yet."

Ravitch indicated that he would be willing to take the lead on budget negotiations if he was asked to. "I'm fully prepared if it's useful to do that. I don't think that David Paterson has a problem communicating I think the problem is, as I suggested, is it's very, very difficult [to cut the budget].

Hold Your Horses

Others argue that Paterson may now be in a better position to negotiate the budget than he was, say, a month ago. He, like Ravitch, who has said he has no plan to run for office in November, does not have to worry about poll numbers and can propose and push for unpopular cuts.

Bronx Democratic Chairman Carl Heastie supports this idea. "I join many of my colleagues in government asking that others refrain from calling for Gov. Paterson's resignation," said Heastie in a statement. "We are on a definitive clock with the state's budget, and I believe that having another transition at this time would put our state government in greater jeopardy of not meeting its obligations to the people of New York [i.e., with an on-time budget]."

Heastie said he respects Ravitch, "who is a man of great intellect and integrity. However, the people of the state of New York would be better served by a higher level of stability at this time. We accomplish that by having Gov. David Paterson lead us through this year's budget process."

"Great crises also sometimes bring about great opportunities," Assemblymember Adriano Espaillat told the New Times. He said that, without the distractions of running for office, Paterson would have more time to devote to crucial legislative business."

Critics of this idea say that Paterson is so politically damaged by scandal that legislators have no reason to listen to him. Nevertheless, some say Paterson should be left alone until Cuomo concludes his investigation.

"The calls for his resignation at this point are premature and I would urge everyone to cease and desist," said Assemblymember Hakeem Jeffries in a statement. "The governor, like every other individual, is entitled to a presumption of innocence and should not be hounded out of office unless a comprehensive investigation establishes clear evidence of wrongdoing."

If nothing else, some say, the calls for resignation represent another distraction from the real issues facing the state. "It makes it worse for all of us in terms of trying to put our agenda forward," said Assemblymember Keith Wright, the Manhattan Democratic chairman and one of Paterson's staunchest allies, said. "It weakens the agenda."

Of course, the governor's future hinges to some extent on the finding of Cuomo's investigation. The more damaging information that comes out, the more difficult it will be for him to hold on to his office until January.

Remember When

Ironically, when Paterson became governor in 2008 following the scandal that sent Spitzer running from office, many legislators saw Paterson as a breath of fresh air. Spitzer had been cantankerous and unwilling to conform to Albany's backroom style. Paterson, as the Senate Minority leader, knew how to play the game. He had a great relationship with then Republican Senate Majority Leader Joe Bruno, where Spitzer’s relationship with Bruno was venomous. Observers saw Paterson as a cordial negotiator.

"David will sit down with Sen. Bruno and Speaker Silver, and he will be able to be, in part, a facilitator, and he will not be a lightning rod," said Breslin during a 2008 interview immediately following Spitzer's resignation. "It will be much easier for the three of them to agree on basic principles of a good, on-time budget." Assemblyman Ron Canestrari was a bit more guarded about Paterson's prospects at the time, but optimistic nonetheless. "Paterson has a reservoir of good will on both sides of the aisle,” said Canestrari. “He worked as a member of the Senate with Sen. Bruno and this could only help getting his agenda enacted into law. But we have to be realistic. The year of good feelings only goes so far, and strong philosophical differences with the Senate cannot be overcome with a smile and a wink. Our expectations, unlike when Spitzer was elected, should be more realistic this time around."

After Heated Closed-Door Debate, Senate Expels Monserrate


hiram monserrate
commons.wikimedia
Hiram Monserrate and State Senate President Pro Tem Malcolm Smith

On Tuesday night around 9:30 p.m. Sen. Hiram Monserrate was expelled from the New York State Senate. All it took was a show of hands.

It came down to a vote of 53 to 8. The nay votes all came from Democrats: Monserrate himself, Conference Leader John Sampson, Majority Leader Pedro Espada Jr., Ruben Diaz, Carl Kruger, Kevin Parker, Eric Adams and Martin Malave Dilan all voted against expelling Monserrate. An alternative measure would have delayed Monserrate's expulsion until June, giving him time to appeal his misdemeanor conviction for dragging his girlfriend down a hallway after she suffered severe cuts on her face. That measure did not come to a vote.

Monserrate plans an immediate legal challenge with the help of civil rights attorney Norman Siegel. Legislators haven't expelled one of their own for decades.

The show of hands was simple, but the debate beforehand and the results of Monserrate's expulsion are anything but.

Voicing Differences

Overflow crowds flocked to the viewing galleries at noon as the session began. Some of the onlookers joked it was like attending a public execution. But they were in for a long wait, as the Senate considered a number of bills on other matters and then recessed to conference on what to do about Monserrate. The crowds slowly dissipated as it became clear that consensus would not be reached quickly.

Democrats holed up for hours behind closed doors and held what Sen. Neil Breslin described as an "animated" debate. Reporters who waited outside the chamber could hear shouting before the outer doors were finally shut and locked.

At one point Monserrate left the conference, saying he had been excluded. Asked if he could have stayed to simply sit and listen, Monserrate responded, "I don't think that was an option." Later Sen. Ruben Diaz, a close ally of Monserrate's, exited the conference with his hands in the air, waving off questions from reporters. Asked if Monserrate had been excluded from the debate, Diaz, still waving his hands, responded, "He was not excluded."

Hours later Diaz led Monserrate back into the meeting. Shortly thereafter Diaz exited screaming, "John Sampson doesn't have the leadership. John Sampson got defeated. He cannot produce. We don't have a leader. We don't have a leader. We don't have a leader. I don't know what's going to happen!" Diaz then told reporters that he wasn't sure whether he would switch parties, or perhaps just vote on his own.

A number of senators reported that the Democratic conference was evenly split (16-16) about whether to expel Monserrate immediately or to give him until June. Leaving Monserrate in place until June would made sure that Sampson would have the 32 votes he needs to pass anything for the rest of session. Sampson offered the measure that would have let Monserrate remain until then.

Gov. David Paterson announced after the vote that he will call for a special election on March 16 to fill Monserrate's seat. Monserrate has promised to run to get his seat back. If he does, he will probably face Assemblyman Jose Peralta, who enjoys the support of the Queens Democratic establishment.

Monserrate and his allies have attacked the way the Senate, which named a special committee to consider Monserrate's situation following his conviction, carried out its inquiry. They say it was all part of a political agenda, spurred partly by Monserrate's defection from the Democrats during last year's Senate coup.

Monserrate pledged to contest the legality of the expulsion.

Sen. Eric Schneiderman, who chaired the select committee that recommended Monserrate's expulsion, said that the Senate has every right to expel a member. He cited Legislative Law section 3, which states, "Each house has the power to expel any of its members, after the report of a committee to inquire into the charges against him shall have been made."

"Due process was followed, justice was served," said Schneiderman. He issued a statement following the vote to defend his committee and Monserrate's expulsion. "Make no mistake about it, this is a sad day for the Senate," read the statement. "The expulsion of a senator is a rare action that ought to be considered only in the most egregious of circumstances, but I believe the conduct of Sen. Monserrate -- his disregard for the law and for the safety of others -- meets that standard. Sen. Monserrate has not been honest about the events that led to his arrest and conviction, and, to this day, refuses to accept responsibility for his criminal conduct."

A Majority of One

While there is concern among some legislators about what the temporary absence of one Democratic vote -- and the lack of the required 32 vote majority -- might mean to the body, a number of observers are not terribly concerned. Lobbyists and good government advocates point out that the Democratic majority hasn't exactly been steam rolling out bills, and things in the legislature won't really heat up legislatively until late March, when the budget deadline draws closer.

However, some still express concern that no matter how quickly Monserrate is replaced, his allies - -Diaz, Espada, and Carl Kruger -- could make it almost impossible for the Democrats and the Senate as a whole to accomplish anything, if the three decide to retaliate for Monserrate's expulsion.

Breslin and State Sen. Liz Krueger disputed Diaz's accusations about Sampson's leadership. "John Sampson solidified his leadership tonight," Breslin said.

The Nay Votes

Only three members chose to explain their votes on the floor. Diaz raged against what he saw as the hypocrisy of expelling Monserrate. He said that any number of legislators have been found guilty of corruption and misdemeanors but were not expelled. He said the Democrats had begged Monserrate to return during the coup, "Just to make a fool of him and put him to shame."

Lt. Gov. Richard Ravitch, who was presiding over the session, interrupted Diaz, who had exceeded the time limit, asking him, "How do you vote?" Diaz responded, "You ask me how I vote? I vote against all these people!"

Espada began by saying he wanted to "voice support for our fair and just leader John Sampson." Then Espada referred to a vote earlier in the day on a resolution to demand that terror trials not be held in Manhattan. Several senators, including Liz Krueger, stood to argue that combatants should be granted the rights of the American civil legal system. Espada said that those members could find it in themselves to afford terrorists due process but refuse to give Monserrate "due process rights."

Finally, Monserrate stood to defend himself. He told the chamber the Senate had not afforded him due process, and insisted, "We don't have the power to expel a member.” He also warned that any other senator could be next: "I will be voting no on this resolution. I will encourage every member of this chamber who believes in fundamental fairness and can put to the side the politics and the heated discussion of the issue and say, 'it's Hiram Monserrate today, it can definitely be me tomorrow.'" He said the vote to expel him was effectively "disenfranchising the voters of my majority minority district."

"I think it’s the height of arrogance for someone who has never pulled a lever in my community -- never saw the narcotics sales on Roosevelt Avenue, never saw the lack of services that my community receives -- to think that today they have more power than the constituent voters that sent me here to represent them," Monserrate said before asking for his colleagues to, "Let the people come this fall. Let them be the final word on the matter of Hiram Monserrate."

No one interrupted Monserrate's, 16-minute speech, and when he finished, the vote tally was read. Monserrate had been expelled. Senators quietly moved toward the exits. Monserrate stood near his, getting hugs from some colleagues, receiving conciliatory pats on the back from others.

Liz Krueger, the first Senator to openly call for Monserrate's ouster, made her way out the door away from where Monserrate was standing. "It was a long process, but you got the result you wanted. Are you satisfied?" she was asked. She paused briefly and replied, "We did what we needed to do."

Marcia Pappas of the National Organization for Women-New York State hailed the vote. "For over a year The National Organization for Women-New York State has repeatedly sent the message that anything less than expulsion was not acceptable. Any form of violence against women is not acceptable. We hope that this serves as a wake-up call to all lawmakers. Whether you are a candidate or a sitting elected official, if you are violent toward another person, you are not fit to hold office."



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