Spin Cycle

Gov. David Paterson reacted tartly, while introducing Richard Ravitch as his appointee for lieutenant governor, to a question about the Republicans' court challenge -- that the governor insists should be sited in Albany, not Nassau.

"What an interesting place to bring a court action!" he said of Nassau, aware that it is the home county of Senate GOP leader Dean Skelos. Paterson's lawyers are taking steps to move the case to Albany, where state business is transacted.

Otherwise, Paterson in the press conference said:

The lack of clear succession if he becomes incapacitated concerned him most in making the controversial move because "two if not three" Senators lay claim to Senate President, which is next in line behind lieutenant governor. "No tennis balls at Wimbledon moved as quickly" as certain Senators across the partisan divide, he said.

Senate officials are not to be taken at face value when they claim they are "close" to an operating agreement to break the 31-31 deadlock, and it indicates only that they wish to leave Albany.

He didn't go through the tortured vetting process that he did with picking a U.S. Senator because "I learned."

The administration is challenging the Skelos-Espada side's move in court to stop Secretary of State Lorraine Cortes Vazquez from certifying Ravitch in the post because she already has.

For his part, Ravitch said he had second throughts about taking the job be professed a personal loyalty to Paterson, citing the governor's "integrity" and "sincerity."

“Desultory” would be a good word to describe Thursday’s meeting of the Budget Review Committee of the Nassau County Legislature.

“Dispirited” might work too.

Committee chairwoman Judy Jacobs (D-Woodbury) explained that the gridlock in Albany left county government at sea. “We just want to know what you’re doing,” she told one witness, Arlene Sanchez, commissioner of mental health.

John Imhof, the commissioner of social services, said he had 40 workers ready to take the early retirement program being offered by the county, but the state has failed to authorize the bonding to pay for it.

And Arthur Gianelli, [in lower right of picture] president of Nassau University Medical Center, testified that he has already made some changes in work rules to save money.

In getting state Supreme Court Justice Ute Wolff Lally to issue a middle-of-the-night order barring Richard Ravitch from taking office as lieutenant governor, the Senate Republicans brought the venue back home to GOP Leader Dean Skelos' roots in Nassau County, at least for now. Just by way of casually drawing the landscape, the Senator's brother, Justice Peter Skelos, serves in the Supreme Court's appellate division for the region. Formerly of the law firm Lally and Lally, the order-signing judge's son at one point in the 1990's was a Republican candidate for Congress. Note, however, that in matters such as these, any judge can be selected to issue the order pending a court hearing, and parties commonly go to one they know or have access to.

From his side, as mentioned earlier, Paterson was the man who picked the system's current chief judge, Jonathan Lippman, a lifelong friend of Democratic Assembly Speaker Sheldon Silver.

Other local connection: John Ciampoli, acting in the Senate deadlock cases on behalf of coup-installed Senate President Pedro Espada of the Bronx, also has Nassau roots. NYC journalist Gerson Borrero has this quote from Espada this morning after being contacted by Ciampoli: "No prom night yet for them."

(2007 Newsday photo by James A. Escher)

One woman, Doris Stallings-Rodriguez, won her legal battle with Nassau County for equal pay just before she died in January, but what about other women in county government?

At its meeting Tuesday night, the Nassau County Legislature approved the payment of $150,000 to the estate of Stallings-Rodriguez, who had been one of two deputy directors in the county’s Office of Minority Affairs.

A 2006 report by the Office of Legislative Budget Review found that all four women in the office were paid less than the six men, and that the percentage of salary increases was “significantly” lower for women than men.

Aides to Nassau County Executive Thomas Suozzi said at the time that he was unaware of the report, and that it had been referred to the county’s Equal Employment Opportunity Office.

Chief Deputy County Executive Marilyn Gottlieb said Wednesday that the county EEO office did a review and concluded that the other women in the office were not victims of discrimination, and their pay was based on their job duties, even if the pay did not always reflect the job title.

She said the EEO review did not extend to women in other county offices because the complaint was only about the Office of Minority Affairs. She said the findings of the review were not a public document.

One postscript: Eric Naughton, director of the Office of Legislative Budget Review, conducted its study after a complaint about the situation from Legis. Roger Corbin (D-Westbury.)

Corbin had been the loudest voice on the 19-member legislature when it came to racial and gender equality — until this May, when he went into commentary-exile after being indicted on federal tax charges.

[Illustration from fistfuloftalent.com]

Trying to figure out Gov. David Paterson’s end game has become an Albany pastime. But in this crisis it seems clear he is determined to push the month-long, first-of-its kind state Senate deadlock toward a resolution in court. And for his immediate purposes, winning or losing in court may even be beside the point, just so long as it gets decided.

First the governor told his live TV and Web audience that the Constitution poses no bar to his appointing a lieutenant governor, Richard Ravitch. Paterson knew, but did not mention, that Attorney General Andrew Cuomo has said, as lawyer for the state, that the governor lacks the power to take this step.

“There is no presiding officer of the New York state Senate,” Paterson argued -- with “at least two Senators” laying claim to the post. He was alluding, of course, to Malcolm Smith, voted in as Senate president pro tem in January, and Pedro Espada, voted into the job in the now-famous June 8 parliamentary coup orchestrated by Senate Republicans.

Seconds later, the governor hinted at his intent by practically inviting a court challenge. “Though I seek closure to this crisis I am aware that I am not the final arbiter of legal issues,” he said. “And should there be any legal action, I just ask that that it be done expeditiously.”

Judges have kicked this deadlock out of their courtrooms, reluctant to rule on how a separate government branch is run. This has been generally OK with the GOP, which insists it won the leadership fair and square June 8. But Paterson’s move now introduces a big new Constitutional issue, probably the biggest since he nominated Jonathan Lippman as the state’s new chief judge.

And, even if the Ravich appointment is upheld, there may be questions about when he may cast a tie-breaking vote. There’s also a question....

Continue reading "Senate split: Paterson's end game" »

Robo-calls about 50 seconds long have been going out this evening from Gov. David A. Paterson, carrying the same message from the East End to Queens and Brooklyn. "This is Gov. David Paterson," the familiar voice states, then tells you he's appointed Richard Ravitch as lieutenant governor to get the state Senate moving again. He said the goal is quality health insurance, job creation, and alleviation of property taxes. He says he has no successor as governor and that as he feels this passes "legal muster," he knows he's doing the right thing. A voice follows identifying the source as Paterson 2010, with a 212 area-code phone number.

It is essentially a condensed, tweaked version of his message earlier in the day, the video of which is below:

Key words in Paterson's statement: "Though I seek closure to this crisis, I am aware that I am not the final arbiter of legal issues. And should there be any legal action, I just ask that it be done expeditiously...."

You can see why Judith Kaye, former chief judge, is not in the Ravitch role: As head of the committee that screens replacements for the high court, she wouldn't be an appropriate pick for a matter that's heading for the judiciary.

Former MTA Chairman Richard Ravitch, who headed the commission that ran into a frustrating time trying to sell the Legislature a financing package for the busted agency, is said to be the man to whom Gov. David A. Paterson will turn to break the state Senate deadlock when he goes on the air in the next 20 minutes.

Says Sen. Dean Skelos, GOP leader: " “It’s illegal, it’s unconstitutional.... I think he’s showing again a failure of leadership in terms of trying to resolve the gridlock that exists right now.”

“We’ll be in court over this,” his "coalition" leader Sen. Pedro Espada said. “I don’t understand how this contributes to the solution of the problem.”

Mr. Madore updates us on the speculation that Gov. David A. Paterson will use his statewide television address to discuss appointment of a lieutenant governor:

Paterson spokesman Peter Kauffmann has shot down a report that Paterson was poised to tap Nassau Executive Thomas Suozzi. People familiar with the situation said Paterson was likely to raise the prospect of a new lieutenant governor to preside over the warring State Senate. However, they doubted he would make a formal announcement.
“He’s trying to turn up the pressure on the Senate to get this thing resolved,” said one source. “But he also doesn’t want a lawsuit which would come with this appointment." Senate GOP Leader Dean Skelos and AG Andrew Cuomo, of course, have said the governor lacks authority to make such an appointment.
A top aide to Secretary of State Lorraine Cortes-Vazquez said she was “very happy” in her current post. “She will support the governor in any way that he asks,” said her spokesman Joel Barkin. Sources told Newsday that one who's often mentioned, Criminal Justice Division Commissioner Denise O’Donnell, has no interest in the lieutenant governor’s office.

(AP Photo from June 11, 2009)

Reports have come out of the Capitol in recent days that the dicey factor of racial alignment is a driving force behind divisions within the Democratic conference. Witness one caucus' questioning of Jeff Klein's racial sensitivities. Leaders within the conference include Malcolm Smith and John Sampson, African-American from the city, but also Klein, who's white, and of course the "three amigos," two Latino and one white.

The Republican conference right now totals 31 -- all Caucasian unless you count Espada, and he's actually elected as a Democrat. Two in the GOP half of the chamber are women. The 31 Democrats consist by a quick count of 23 males and eight females, more than two-thirds of that total from New York City.

This Democratic crew consists of 17 whites, 10 African Americans and four Latinos, excluding Espada. Up until now, the strains within their camp have been clearly geographic -- solidly-Democratic city districts in tension with more bipartisan suburban districts that have at least a chance of going at the polls into the Republican column. Especially, the political concerns of Long Island's two Democrats, Foley and Johnson, have been highlighted this session, regarding property taxes, MTA payroll charges, etc.

Klein reportedly aspired to majority leader prior to the onset of Smith's insipid six-month regime. The half-dozen Senate Democrats who this week signed on to a proposed "operating agreement" to break the deadlock with the GOP, as floated by Klein, are white, but mainly from outside the city, where they may face real-life election challenges -- as opposed to the Democratic primaries-as-elections held in most city districts.

Notably, Klein succeeded a Republican - the corruption-convicted Guy Vellela. By contrast, Smith, Sampson, Dilan and Diaz are safer in their Democratic-dominated seats than most of those who supported Klein's proposal.

(AP Photo / June 23, 2009)

Now Gov. David A. Paterson plans to take to the airwaves to address the state Senate deadlock, the exact likes of which have never been seen even in Albany a.k.a. Trenton-on-the-Hudson. It has been noted that an address on the fiscal crisis a year ago boosted the governor's approval ratings, which have since turned cryogenic.

WCBS is reporting, and we have yet to confirm, that Paterson will name a lieutenant governor -- notwithstanding that the AG, Andrew Cuomo, said he cannot do so under the Constitution.

The ability of every state Senator to retain effective veto power over all legisaltive business has contributed to the deadlock. Former Gov. Mario Cuomo says "You have to make improvements in the system. Everybody concedes that" in this WSJ piece. As noted here, Suffolk Executive Steve Levy asked the state Supreme Court to render a decision on the deadlock. Liz Benjamin interviewed him, posted here.

Those wacky guys and gals in the state Senate are getting some competition from the Nassau County Legislature, where backbiting, griping, sniping, innuendo, shouting and other bad behavior goes hand in hand with attempts to legislate.

The presiding officer, Legis. Diane Yatauro (D-Glen Cove) would no doubt challenge that assertion, maybe even calling it, “bull,” a word she used three times in quick succession Tuesday night during a debate on sewage.

Or maybe she would call the criticism, “nonsense,” another word she also used three times in quick succession.

The Tuesday night meeting may have set a new standard for grandstanding, silliness and posturing.

And most of the audience looked askance early in the evening at these two protesters (pictured) from Bay Park, part of a group that was critical of the county’s sewage plans. They turned out to be a sideshow.

Yatauro bridled at one witness, Barbara Reill of Bay Park, who raised her voice when criticizing the legislators for ignoring her community, the home of one of the county’s two sewage treatment plants.

“Take your temper down,” Yatauro told the woman.

“You’re not my mother,” Reill replied.

“And you’re not mine,” Yatauro shot back.

Minutes later, at 9:45 p.m., Yatauro cut off .....

Continue reading "Senate split? You oughta see Nassau Legis at work!" »

On a kind of victory lap, AG Andrew Cuomo rolled into Islip Town Hall to unveil a Web site designed to make it easier to dissolve local governments, tied to the legislation he recently championed to streamline the process.

Sandra Peddie's dispatch is here.

Meanwhile, Gov. David A. Paterson was due in Nassau a bit later for a different government efficiency-oriented event, while Suffolk Executive Steve Levy was in Albany as expected to deliver his effort to intervene in court.

Here's one view of the dueling (?) public events and their potential for relevance.

The latest word from Mr. Madore out of the state Capitol:

"Two senators have walked out on fellow Democrats minutes after a Republican-led faction claimed more Democrats will join them Thursday if the month long-standoff in the Senate isn't resolved.

"Democratic Sens. Hiram Monserrate and Ruben Diaz had no comment beyond saying the power struggle must end, they aren't abandoning the Democratic conference, and they'll talk about their role on Thursday.

Here's an account that points toward resolution one way or another.

Meantime, to follow up on an earlier theme: Alertly, our alert reader RB notes that the state Taylor Law -- which prescribes fines of two days' pay for each day on strike -- defines that offense as "any strike or other concerted stoppage of work or slowdown by public employees."

Isn't that what we're witnessing here? And how does the stoppage in Albany, shutting down a branch of government, differ in principle from what the transit workers wrought in 2005-06, which made them subject to Taylor Law penalties?

(AP photo from transit strike, December 2005)

After the jump is the text of a message received from the Espada-GOP camp. For what it's worth.

Continue reading "Senate split: More creaking along the fault lines" »

The fractures inside the Senate Democratic conference are well-documented, but their ultimate resolution remains unclear. Here is some of the air guitar being played at the one-month mark.

People who live near the Bay Park Sewage Treatment Plant are planning a rally Tuesday night at the Nassau County Legislature in Mineola to demand upgrades to the plant before any additional sewage is pumped there.

“As you probably know, the county's consolidation plan... will have the villages of Cedarhurst and Lawrence close their sewage plants, convert to pump stations and dump their sewage into the Bay Park plant,” rally organizers said in a flier.

“This will lead to almost 65 MILLION GALLONS A DAY of treated sewage effluent being dumped into the bay at Reynolds Channel. How much more can the bay take before it is pushed to its demise?

“We want to let the county know that it is their duty to restore the ecological health of the bay by performing necessary upgrades to the Bay Park sewer plant to provide tertiary treatment of the effluent and seek out the funding needed to construct an ocean outfall pipe.

“Please try to make arrangements to join with the Green Bay Parkers as we take to Mineola to hold a rally to let the county know it is time to "Save The Bay," the flier reads.

The rally is being organized by the Green Bay Parkers, a group with the streets attitude of legendary community organizer Saul Alinsky.

They court the media, but don’t rely on it.

The organize in Bay Park, but link up with community groups elsewhere.

They talk with politicians, but have no trouble getting in their face.

And they have a Web site that uses photo composites and vivid imagery to make their points, as can be seen with this altered photo of Nassau County Executive Thomas Suozzi.

The Nassau County Legislature will hold its only night meeting of the year Tuesday night, giving county residents with day jobs their one chance this year to address legislators.

As late as 2004, the legislature was holding as many as four nighttime meeting annually, but scaled that back to two last year and just one this year.

While most county residents might want to be home for dinner by the 6 p.m. start time, some people with even an occasional civic urge might like to let their legislators know in person how they’re doing.

“The decision to have only one night meeting this year was based primarily on the economy,” Legis. Diane Yatauro (D-Glen Cove), the presiding officer, said in a statement.

“For example, evening meetings increase overtime costs for security and stenographic services,” she said.

The Suffolk County Legislature holds two evening session a year, according to spokeswoman Kara Hahn. She said the March 24 meeting began at 4 p.m., and the Aug. 4 meeting will also be a 4 p.m. start.

Te Ara, the Encyclopedia of New Zealand, Graphic)

Some observers are interested in the political implications of Attorney General Andrew Cuomo's rejection of the idea that Gov. David Paterson can appoint his own lieutenant governor.

If the appointee were Tom Suozzi, that could install the Nassau executive in a position to succeed Paterson in office, perhaps jumping him ahead of said Cuomo.

But sometimes a no-cigar is just a no-cigar.