Looking Ahead

New York State legislature has been at a standstill much of the time since the election of November 2008 that gave the Democrats control of both of its houses. Disputes among the Senate Democrats have affected their ability to govern, despite multiple extensions of the legislative session. The logjam at NYS Senate has incurred some financial costs – since June 22, the official closing date, the 59 out-of-town senators have racked up $160 per diem reimbursements. This is nothing compared to the expense and hardships their bickering has cost, starting with letting the NYC school control law lapse, and including the expiries of local pay, tax collection and expense laws throughout the state, which will incur major dollars to redress, once a compromise is reached.

How then did the NYS Senate come to this disgraceful state of affairs, after the Democrats won a 32-30 majority in November? Well , first there was the "Gang of Four," Senators Pedro Espada Jr., Carl Kruger, Hiram Monserrate, and Ruben Diaz, Sr., who wanted chairmanships, apportionments and suppression of the gay marriage issue before accepting Sen. Malcolm Smith as Majority Leader. The affairs of state were next disrupted on June 8, when Republican Senator Thomas Libous proposed a resolution for selection of a new leadership of the Senate, which was accepted by a vote of 32, including those of renegade Democrats Espada and Monserrate,. Thus, the GOP party head Dean Skelos was elected Majority Leader and Espada was chosen as Senate President pro tem, the position from which he can become Acting Governor, since NYS hyas no Lieutenant Governor. Governor Paterso has already declared that he will not travel away from the state, to avoid usurpations of his job. To confuse matters further, Monserrate rejoined the Democrats a week later, after they nominated Sen. John L. Sampson as caucus leader, satisfying Monserrate's wishes to downgrade Smith. This resulted in a 31-31 tie in the Senate, further hobbling the Governor's efforts to move necessary legislation along.

The sequence of betrayals, coups and deceits, dubbed Shakespearean by Steven Sanders in an earlier column, was followed by a ridiculous Democratic caucus move on June 30, claiming a 32-member quorum just because Queens Republican Senator Frank Padavan had walked through the rear of the Chamber during their strategy meeting, on his way to get a cup of coffee in the members' lounge. A truly Shakespearean dramatic device, the arrival of a stranger, as in The Tempest. Against the Republicans' protests, the caucus proceeded to pass a bunch of laws - not the ones that Paterson needed – and the Governor refused to sign them, because of their legal ambiguity.

The deadlock in Senate continues, with the parties discussing such solutions as joint leadership. The Republican leadership claims willingness to cooperate, provided apportionments are equalized, and admits that during the past 40 years of their leadership in the Senate the Democrats were denied their share of monies. Henceforth, though, going forward, they would be magnanimously willing to share.
As of the moment, the issue is at standstill. The Governor’s calls for extension of the sessions have been ignored by some Senators, with the Rev Ruben Diaz daring Albany to arrest him while he performs religious services.

Who are these elected mighties that they can get away with disrupting the legal processes of the Empire State? Pedro Espada, age 55, a Puerto-Rico born well educated, community organizer in the Bronx, acquired his reputation by setting up the Soundview Health Center in a badly neglected housing complex. His political career started in 1988, by running for the US Congress and being beaten. In 1993-96 and 2001-2 he was NYS senator from 32nd SD, (replaced by the Rev. Ruben Diaz, whose son is the Bronx Borough President), then moving on to NY City Council, 18th Councilmanic District, then, in 2008, to the 33rd NY Senate District. His son, Pedro G. was an Assemblyman, Feb-Dec 1996, then a Councilman, 1998-2002, subsequently running for the Assembly as an Independent and losing. The Bronx seems to run to dynastic elected officials. Espada Jr. , the father, has been indicted more than once, for use of the Soundview HMO monies to pay the family campaign expenses, an accusation which he successfully overcame. He has currently been fined $74K by the NYC Campaign Finance Board for misusing funds, and State Attorney general Andrew M. Cuomo and Bronx District Attorney Robert L. Johnson are both investigating his campaign financing. Monserrate, an ex-Marine , purportedly a gulf war veteran, also an ex-policeman released for psychological reasons, was recently in the news for cutting his girlfriend with a broken bottle .

Is there any hope for New York State? NYTimes, in an editorial, details a dozen complex reforms to remedy the legal failures in the sate constitution and laws, measures that only could pass if we were to have a California –like referendum scheme. A popular revolt would be necessary, and even a strong governor would be stymied by the ethnic and other state power group reactions. More anon.