2009 New York State Senate leadership crisis

The 2009 New York State Senate leadership crisis was a political dispute in New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

that began on June 8, 2009. The State Senate

New York State Senate

The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

was controlled by Democrats

Democratic Party (United States)

The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

with a 32-30 majority, when a bipartisan coalition of all 30 Republicans

Republican Party (United States)

The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

and two Democrats, Hiram Monserrate

Hiram Monserrate

Hiram Monserrate is a former member of the New York State Senate. He represented the 13th District which includes the Queens neighborhoods of Jackson Heights, Corona, East Elmhurst, Elmhurst and Woodside...

and Pedro Espada Jr., voted to replace the Majority Leader

Majority Leader of the New York State Senate

The Majority Leader of the New York State Senate is elected by the majority of the members of the New York State Senate. The position usually coincides with the title of Temporary President of the State Senate, who presides over the session of the State Senate if the Lieutenant Governor of New York...

and Temporary President of the Senate. Senate Democrats attempted to block the change, but it was uncertain whether they were successful, or if the Republicans had legally changed the Senate leadership.

The coalition appeared to have gained control in a move that was described as a political coup

Coup d'état

A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...

. However, on June 15, Monserrate left the coalition and returned to the Democrats' side. The result was a 31-31 tie in the Senate, with no clear Senate president, and, due to the vacancy of the Lieutenant Governor's

Lieutenant Governor of New York

The Lieutenant Governor of New York is a constitutional office in the executive branch of the government of New York State. It is the second highest ranking official in state government. The lieutenant governor is elected on a ticket with the governor for a four year term...

office, no apparent way to break the deadlock. Governor David Paterson

David Paterson

David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...

attempted to force the Senate into action by withholding the Senators' salary and convening mandatory special Senate sessions, but the Senate remained deadlocked.

On July 8, Governor Paterson appointed Richard Ravitch

Richard Ravitch

Richard Ravitch is an American politician and businessman who served as the 75th Lieutenant Governor of New York from 2009 to 2010. He was appointed to the position in July 2009 by New York Governor David Paterson...

as Lieutenant Governor in an effort to break the deadlock. However, Attorney General Andrew Cuomo

Andrew Cuomo

Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...

argued that the appointment was illegal. The next day, Espada announced that he was returning to the Democrats, giving them a 32-30 majority once more, and effectively ending the crisis. The appointment of Ravitch was eventually upheld by the New York Court of Appeals

New York Court of Appeals

The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

Background and leadup

The State Senate had been controlled by Republicans since 1964, but Democrats were able to win a majority in the 2008 elections. The change was helped by upstate

Upstate New York

Upstate New York is the region of the U.S. state of New York that is located north of the core of the New York metropolitan area.-Definition:There is no clear or official boundary between Upstate New York and Downstate New York...

Republican billionaire Tom Golisano

Tom Golisano

Blase Thomas Golisano is an American businessman and philanthropist. He is the founder of Paychex, the second-largest payroll processor in the United States and former co-owner of the Buffalo Sabres hockey team and of the Buffalo Bandits lacrosse team...

, who had donated $5 million to the Democrats' campaigns. However, dissatisfaction with the job that Majority Leader Malcolm Smith was doing was growing with his fellow Democrats, as well as with Golisano.

Golisano, with the aid of his political adviser Steve Pigeon, set up a series of private meetings between Republican senators Dean Skelos

Dean Skelos

Dean G. Skelos is an American politician and the Republican Temporary President and Majority Leader of the New York State Senate. Skelos represents District 9 in the State Senate, which comprises the southwest region of Nassau County. He is the second Long Islander to hold the position of Majority...

, Tom Libous, and George D. Maziarz

George D. Maziarz

George D. Maziarz is a Republican politician from New York State. He currently represents the 62nd District in the New York State Senate, which includes Niagara County , all of Orleans County, and the western portion of Monroe County.-Biography:Maziarz is a native of North Tonawanda, New York,...

, and after Pigeon convinced him, Democratic senator Pedro Espada Jr. The first meeting took place at a club in Albany

Albany, New York

Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...

, followed by one at Golisano's house in Rochester

Rochester, New York

Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...

, followed by a series at Espada's house in Albany. Espada said that Senator Monserrate was the only one among his fellow Democrats that knew of the meetings.

Roger Stone

Roger Stone

Roger J. Stone, Jr. is an American political consultant and lobbyist who specializes in opposition research for the Republican National Committee in the United States....

, Republican strategist and political infighter may have been involved in the discussions, and according to Pigeon, knew about the plan in advance.

Golisano, who recently moved to Florida

Florida

Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

, did not take part in the meetings at Espada's house, but was kept informed by Pigeon. On June 4, Pigeon told Golisano that the deal "was real solid," and on June 8, Golisano was in Albany to watch the events unfold from the Senate chamber balcony.

Attempted change

During the Senate session on June 8, Republican Senator Thomas Libous proposed a resolution, similar to a motion of no confidence

Motion of no confidence

A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...

, that would allow for the election of a new leader of the Senate. The entire 32 Senator coalition voted for the resolution. After the resolution was passed, but before the vote was recognized by officiating officer, Senator Neil Breslin

Neil Breslin

Neil Breslin is a member of the New York State Senate. A Democrat, he represents Albany, New York. His district follows the Albany County, New York boundaries exactly....

, Senator Jeffrey Klein

Jeffrey Klein

Jeffrey David Klein is a New York State Senator representing parts of Bronx and Westchester Counties. He was elected to his first term in the Senate in 2004....

moved for adjournment. Libous demanded that his resolution be recognized, but instead Breslin quickly granted Klein's motion for adjournment. Republicans objected, claiming a majority of the Senate did not vote to adjourn. After Breslin declared the meeting adjourned, all but four Democratic senators walked out of the Senate chamber. The Democrats who stayed were Espada and Monserrate, who had voted for the resolution, and Carl Kruger

Carl Kruger

Carl Kruger is an American politician, a Democrat who represents District 27 in the New York State Senate, which comprises Brighton Beach, Sheepshead Bay, Gravesend, Bergen Beach, Mill Basin, and Midwood, among other neighborhoods found within his native Brooklyn...

and Ruben Diaz, who abstained from all voting during the course of events, but stayed to show their support.

After the 28 Democratic senators walked out of the Senate chamber, Secretary of the Senate Angelo Aponte turned off the lights in the Senate chamber and stopped the TV broadcast of the Senate session. Nevertheless, the remaining senators proceeded to vote for new leadership, removing Democratic Senator Malcolm Smith from his position as Majority Leader and Temporary President of the Senate, and replacing him with two people: Republican Minority Leader Dean Skelos

Dean Skelos

as Majority Leader, and Pedro Espada as Temporary President.The position is named "temporary" because the Lieutenant Governor is the ex officio President of the State Senate, while the Temporary President is chosen by the senators. It is common, especially in the newsmedia, for the terms "temporary president", "president pro tempore

Pro tempore

Pro tempore , abbreviated pro tem or p.t., is a Latin phrase which best translates to "for the time being" in English. This phrase is often used to describe a person who acts as a locum tenens in the absence of a superior, such as the President pro tempore of the United States Senate.Legislative...

", or "Senate president" to be used synonymously. In addition, the legal terminology has changed as the New York Constitution was changed. For more, see Majority Leader of the New York State Senate

Majority Leader of the New York State Senate

. Historically, the majority leadership and the temporary presidency of the Senate were held by the same person. However, in the new arrangement, Espada was to be the Temporary President of the Senate, while Skelos would become Majority Leader.

After the election of the new leadership, the coalition enacted reform rules including a six-year term limit for the majority leader, steps to equalize budget differences between opposing parties, as well as rules about the distribution of pork barrel

Pork barrel

Pork barrel is a derogatory term referring to appropriation of government spending for localized projects secured solely or primarily to bring money to a representative's district...

projects.
Despite voting for the change in leadership, Espada and Monserrate stated that they were still Democrats, and that there was still a 32-30 Democratic majority in the Senate.

Immediate reaction

The Democrats claimed that the change was illegal, and that therefore Malcolm Smith was still the Majority Leader and Temporary President. According to Smith and other Democrats, Senator Neil Breslin

Neil Breslin

Neil Breslin is a member of the New York State Senate. A Democrat, he represents Albany, New York. His district follows the Albany County, New York boundaries exactly....

had accepted a motion to adjourn, and therefore ended the session before the Republicans voted to change leadership. Republican Senator Libous argues that since his original motion was on the floor, the session could not have been adjourned. According to Libous, the rules of order used by the State Senate, “you cannot adjourn when a motion is on the floor.” Furthermore, like all motions, motions for adjournment require a vote, which never took place before Breslin adjourned the session.

Malcolm Smith also claimed that the attempted power shift was not legal, even if the resolution did pass. He issued a statement saying that he "was elected to a two year term pursuant to a resolution passed by a majority of Senators in January 2009", and that "the purported coup was an unlawful violation of New York State law and the Senate rules" which he does not accept. However, there was precedent for changing the majority leader midterm, as Ralph J. Marino

Ralph J. Marino

Ralph John Marino was majority leader of the New York State Senate from 1989 until 1994. He was ousted during the Thanksgiving holiday in 1994 by allies of then Governor-elect George Pataki and replaced by Joseph Bruno....

was ousted during the Thanksgiving holiday in 1994.

Governor David Paterson

David Paterson

criticized the initial motion by Senator Libous' as "despicable" and "an outrage" due to the issues that are still on the table in the remainder of the legislative session.

Former Governor Eliot Spitzer

Eliot Spitzer

Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...

has been more supportive of the moves, saying: "The use of that power by two Democratic senators, though perhaps for questionable purposes, is emboldening others to use their leverage to bargain for worthwhile causes."

Legal actions

On June 10, Malcolm Smith said he was seeking a temporary court order to prevent the Republicans from taking power. Later in the day, Justice Karen Peters, a judge in the Appellate Division

New York Supreme Court, Appellate Division

The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...

of the Supreme Court, granted Senator Smith's request for a temporary restraining order against Espada. The restraining order prevented Espada from exercising the power granted to the temporary president of the Senate under Article IV, §6, of the New York Constitution, which include the elevation of Senate president to acting governor when the governor is out of state or incapacitated. The order was valid until the outcome of a Supreme Court hearing, which was scheduled for the next day. The ruling put Sheldon Silver

Sheldon Silver

Sheldon "Shelly" Silver is an American lawyer and Democratic politician from New York. He has held the office of Speaker of the New York State Assembly since 1994.- Personal life :...

, Speaker of the New York State Assembly

Speaker of the New York State Assembly

The Speaker of the New York State Assembly is the highest official in the New York State Assembly, customarily elected from the ranks of the majority party....

, temporarily next-in-line of succession to the governor's office. This restraining order was vacated by Justice Thomas J. McNamara on June 16. McNamara refused to intervene in the dispute, saying that "a judicially imposed resolution would be an improvident intrusion into the internal workings of a co-equal branch of government", and he urged the senators to solve the problem by negotiation.

Separately from Senator Smith's request, Senator Neil Breslin

Neil Breslin

Neil Breslin is a member of the New York State Senate. A Democrat, he represents Albany, New York. His district follows the Albany County, New York boundaries exactly....

attempted to file an injunction on June 11. The injunction was denied by New York Supreme Court

New York Supreme Court

The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...

Justice George Ceresia.

On June 24, Republican senators John Flanagan

John J. Flanagan

John J. Flanagan represents the 2nd District of the New York State Senate, which includes the entire Town of Smithtown and portions of both the Town of Brookhaven and the Town of Huntington, all located in Suffolk County, New York. Flanagan was first elected to the State Senate in 2002, after...

and George Winner filed a petition with Justice McNamara, requesting that Aponte be forced to recognize the authority of Skelos and Espada. Aponte had instructed the chamber's stenographer, journal clerk, and sergeants-at-arms to ignore any orders from the Republican leaders. On June 26, McNamara adjourned the case to allow the Senators more time for discussion.

Initial attempts to hold session

On June 9, the day following the attempted power shift, Aponte denied Espada the keys to the Senate chamber, at which point Espada accused Aponte of abusing his power and asked for his resignation. Aponte refused, responding "I was appointed legislatively for a two year term and I intend to serve out my two year term." The following day, June 10, Espada acquired the keys, but not from Aponte or any of the Senate Democrats.

On June 11, minutes after Neil Breslin's requested injunction was denied, the Republican-led coalition held a brief session, but they were unable to conduct business because the Democratic conference had locked away the bills, and also had withheld the stenographer, who is required for official business. This proved immaterial, as the coalition would not have had the required votes necessary to pass a bill. Hiram Monserrate voted "present", and then left the session, leaving 31 senators in the session, one shy of the 32 votes needed to pass a bill. Monserrate said that he would not vote on anything until more Democrats joined the Senate session, and instead wanted to create a compromise that included the Democrats who were boycotting the session. Monserrate's decision to not vote on any issues led to rumors that he might flip back to the Democrats side.

The tie

Monserrate flips

Senate Republicans were confident that Monserrate would stay on their side. However, on June 12, Monserrate was praising Democratic Senator John Sampson

John L. Sampson

John L. Sampson represents District 19 in the New York State Senate, which comprises Crown Heights, East Flatbush, as well as portions of Brownsville, Canarsie and Spring Creek Towers....

, who was the front-runner to replace Senator Smith as the Democratic leader. On June 15, in an apparent effort to woo Monserrate, Democrats voted Senator John Sampson as their de facto leader. The move proved successful for the Democrats, as later that day Senator Monserrate declared he would once again caucus with the Democrats.

No way to break the tie

Monserrate's decision to return to the Democrats meant that the Senate was evenly divided 31-31, without a clear way to break the tie. In the case of a tie in the Senate, a casting vote

Casting vote

A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...

, also called a tie-breaking vote, is issued by the Lieutenant Governor.For more information about legislative crises in New York, see Theophilus C. Callicot

Theophilus C. Callicot

Theophilus Carey Callicot was an American lawyer, newspaper editor and politician.-Early life:He was born in Cornwall, England, and came with his parents to the United States as a child. The family settled at Fairfax, Virginia...

and the tied Assembly of 1863; the seven weeks lasting deadlock of the United States Senate special election in New York, 1881; John C. Jacobs

John C. Jacobs

John C. Jacobs was an American politician from New York.-Life:...

and the Senate leadership crisis of 1882; Daniel D. Frisbie

Daniel D. Frisbie

Daniel Dodge Frisbie - August 6, 1931 Middleburgh, Schoharie Co., NY) was an American newspaperman and politician.-Life:...

and the U.S. Senatorial election crisis in 1911; and Joseph Zaretzki

Joseph Zaretzki

Joseph Zaretzki was an American lawyer and politician from New York. He was Majority Leader of the New York State Senate in 1965, the only Democrat in this position since the adoption of the New York State Constitution of 1938 until Malcolm Smith attained the position in 2009.-Life:He served in...

and the Senate leadership crisis of 1965. The lieutenant governorship, however, had been vacant since David Paterson

David Paterson

ascended to the governor's office upon the resignation

Eliot Spitzer prostitution scandal

The Eliot Spitzer prostitution scandal began on March 10, 2008, when The New York Times reported that Democratic New York Governor Eliot Spitzer had patronized a prostitution service called Emperors Club VIP...

of former Governor Eliot Spitzer

Eliot Spitzer

. According to the State Constitution, if the Lieutenant Governor's office is vacant, the Temporary President of the Senate is to perform all of his duties, which includes making the casting vote. However, since Senators Smith and Espada both claimed to be Senate president, the tie could not be clearly broken.

Special elections for lieutenant governor were forbidden by an amendment to the State Constitution after the death of Thomas W. Wallace

Thomas W. Wallace

Thomas W. Wallace was an American lawyer and Republican politician. Running on the ticket with Governor Thomas E. Dewey, he was elected Lieutenant Governor of New York in November 1942, but died less than seven months into his only term.-Life:Wallace was corporation counsel of Schenectady, New York...

and subsequent election of Joe R. Hanley

Joe R. Hanley

Joseph Rhodes Hanley was an American lawyer and Republican politician who served as Lieutenant Governor of New York from 1943 to 1950.-Life:He served in the U.S. Army during the Spanish-American War...

in 1943, and according to traditional interpretation of the statute, there is no provision in state law that allows the governor and legislature to appoint a replacement, as there is with other statewide positions."No election of a lieutenant-governor shall be had in any event except at the time of electing a governor." see New York Constitution, Art. 4, § 6 As a result, it was suggested that the stalemate could continue until the 2010 Elections

New York state elections, 2010

The 2010 New York state elections took place on November 2, 2010. These included elections for both Senate seats and a gubernatorial election....

, when a Lieutenant Governor would be elected.

On June 17, Espada asserted that because he was Senate president, he would effectively get to vote twice: once as a Senator, and again as Temporary President, who "[performs] all the duties of lieutenant governor", which includes breaking ties in the Senate.

Legislative deadlock

On June 30, the Democrats took advantage of Republican State Senator Frank Padavan

Frank Padavan

Frank Padavan is an engineer and was a Republican New York state senator representing District 11, located in Queens County. His district included the communities of Queens Village, Flushing, Bayside, Whitestone, Douglaston, Little Neck, College Point, Bellerose, Hollis, Jamaica Estates, Floral...

's brief walk through the Senate chamber to claim a quorum, but Governor Paterson said he did not believe Padavan's merely walking in to the chamber created a quorum and so he would not sign any of the bills passed during that alleged quorum. They passed "non-controversial" bills, including a motel tax, 911 service fees, and a bond authorization for Nassau

Nassau County, New York

Nassau County is a suburban county on Long Island, east of New York City in the U.S. state of New York, within the New York Metropolitan Area. As of the 2010 census, the population was 1,339,532...

.

On July 7, Monserrate, accompanied by fellow Democratic Senator Ruben Diaz, walked out on the Democrats, saying that they aren't abandoning the Democratic conference, but that the power struggle must end.

Governor Paterson's actions

Staying in-state

Shortly following the attempted change in Senate leadership, Governor David Paterson

David Paterson

announced that he would avoid out-of-state travel, saying "the best thing for me to do is to stay here."

The New York Constitution states that whenever the governor is out of state, the lieutenant governor becomes acting governor

Acting governor

An acting governor is a constitutional position created in some U.S. states when the governor dies in office or resigns. In some states, the governor may also be declared to be incapacitated and unable to function for various reasons, including illness and absence from the state for more than a...

. Since there was no clear line of succession, it was unclear who would have become acting governor, which is a situation the Governor attempted to avoid. Paterson did not leave the state from June 8 until the resolution of the crisis, which required him to skip several events, including the annual meeting of the National Governors Association

National Governors Association

The National Governors Association , founded in 1908 as the National Governors' Conference, is funded primarily by state dues, federal grants and contracts and private contributions. NGA represents the governors of the fifty U.S. states and five U.S. territories The National Governors Association...

in July, because it was in Mississippi

Mississippi

Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

Calling special Senate sessions

On June 21, Governor Paterson announced that he would convene a special session on June 23 - setting "routine" but "time-sensitive" bills such as mayoral control over New York City

New York City

New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

schools, sales tax, and same-sex marriage

Same-sex marriage

Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

bills on the agenda. He also stated that he would convene a special session every day, including weekends and July 4, until the senators finished their job.

On June 23, all senators met in the Senate chamber but each caucus held a separate session, ignoring the other.This erratic behavior has a historic precedent: in 1853

New York state election, 1853

The 1853 New York state election was held on November 8, 1853, to elect the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer, two Judges of the New York Court of Appeals, a Canal Commissioner, an Inspector of State Prisons and the Clerk of the...

, at the Democratic state convention two Chairmen were elected by the opposing Hard and Soft

Barnburners and Hunkers

The Barnburners were the more radical faction of the New York state Democratic Party in the mid 19th century. The term barnburner was derived from the idea of someone who would burn down his own barn to get rid of a rat infestation, in this case those who would destroy all banks and corporations,...

factions which then sat side by side and presided over the convention ignoring each other amid much confusion. Governor Paterson then called daily extraordinary sessions of the State Senate, but each caucus met separately and adjourned without doing any business for lack of quorum

Quorum

A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...

.

On June 29, on request of Governor Paterson, Justice Joseph C. Teresi ordered the State Senators to convene together on June 30. The Republicans appealed.

Withholding Senators' pay and grants

On June 24, Governor Paterson asked that New York State Comptroller

New York State Comptroller

The New York State Comptroller is a state cabinet officer of the U.S. state of New York. The duties of the comptroller include auditing government operations and operating the state's retirement system.-History:...

Thomas DiNapoli

Thomas P. DiNapoli is the 54th Comptroller of the state of New York. He is a former state assemblyman in New York, who was appointed as New York State Comptroller on February 7, 2007. He was formerly the Chairman of the Assembly Environmental Conservation Committee. DiNapoli is a Democrat from...

withhold the paychecks and per diems of the Senators retroactively from June 8, when Senate crisis initially started. Senator Kevin Parker rejected the idea, saying that Governor Paterson "doesn't have any constitutional or legal authority to dock our pay." DiNapoli initially said that he would look into the legality of the request. However, on July 2 he agreed to withhold the Senators' pay, even though no court ruled that he had the authority to do so. Although the Senators' pay was being withheld, it could not be kept permanently, as the Constitution restricts changing the legislature's pay during session; it was disbursed after the crisis was resolved.

Paterson also declared that he would withhold $85 million in pork barrel

Pork barrel

Pork barrel is a derogatory term referring to appropriation of government spending for localized projects secured solely or primarily to bring money to a representative's district...

grants. These grants were given to the senators individually to be spent on pet projects in the Senators' districts. However, the impact was negligible because no such projects had been approved in 2009.

Appointment of a Lieutenant Governor

The Governor's speech

On July 8, at 5:01 pm, Governor Paterson appointed former MTA

Metropolitan Transportation Authority (New York)

The Metropolitan Transportation Authority of the State of New York is a public benefit corporation responsible for public transportation in the U.S...

chairman Richard Ravitch

Richard Ravitch

as Lieutenant Governor of New York

Lieutenant Governor of New York

, although, despite numerous vacancies, no lieutenant governor had ever been appointed in New York history.Vacancies in the lieutenant governor's office have been filled by special elections in 1811, 1847

New York state election, 1847

The 1847 New York state election was held on November 2, 1847, to elect the Lieutenant Governor, the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer, three Canal Commissioners and three Inspectors of State Prisons, as well as all members of...

and 1943

New York state election, 1943

The 1943 New York state election was held on November 2, 1943, to elect the Lieutenant Governor and a judge of the New York Court of Appeals.-Background:...

, or were filled at the next gubernatorial election. Otherwise, the temporary presidents of the State Senate have acted as lieutenant governors under the provisions of all State Constitutions since 1777. However, Paterson believed that the current governor has the authority to fill the vacancy due to provisions of the New York State Public Officers Law.

Legality of the appointment

The New York Constitution prohibits electing a lieutenant governor "except at the time of electing a governor," and provides that the "temporary president of the senate shall perform all the duties of lieutenant governor" in the absence of a lieutenant governor, and that the Speaker of the State Assembly

Speaker of the New York State Assembly

The Speaker of the New York State Assembly is the highest official in the New York State Assembly, customarily elected from the ranks of the majority party....

is then next-in-line of succession to the governor's office in case of a vacancy of the temporary presidency of the Senate. However, State Assemblyman Michael N. Gianaris

Michael N. Gianaris

Senator Michael Gianaris was elected to the State Senate in 2010 with over 81% of the vote after a decade of dedicated public service in the State Assembly...

formed an interpretation of the Public Officers Laws that would allow Patterson to fill the vacancy by appointment. This interpretation was supported by an analysis by the Brennan Center for Justice

Brennan Center for Justice

The Brennan Center for Justice at New York University Law School is a non-partisan public policy and law institute that focuses on issues involving democracy and justice...

at the New York University School of Law

New York University School of Law

The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....

. It is also supported by good government

Good government

Good government is a normative description of how government is supposed to be constituted. It has been frequently employed by various political thinkers, ideologues and politicians.- Thomas Jefferson and Good government :...

groups Citizens Union

Citizens Union

Citizens Union is one of the United States' first good government groups. Founded in 1897 as a political party, the group was reconstituted in 1908 as a non-partisan member organization with the broad mission of serving "as a watchdog for the public interest and an advocate for the common...

and Common Cause

Common Cause

Common Cause is a self-described nonpartisan, nonprofit lobby and advocacy organization. It was founded in 1970 by John W. Gardner, a Republican former cabinet secretary under Lyndon Johnson, as a "citizens' lobby" with a mission focused on making U.S. political institutions more open and...

, both of which urged Paterson to make an appointment.

Attorney General

New York State Attorney General

The New York State Attorney General is the chief legal officer of the State of New York. The office has been in existence in some form since 1626, under the Dutch colonial government of New York.The current Attorney General is Eric Schneiderman...

Andrew Cuomo

held that Paterson's interpretation was unconstitutional, and that the appointment was not valid. Senator Espada announced he would sue to prevent the appointment, and said that this appointment had ruined Paterson's reputation as an impartial mediator of the situation. Senator Skelos also expressed his concern with the appointment, stating that "it's illegal, it's unconstitutional", and believed that it would create more chaos and government gridlock.

Ravitch's swearing-in and legal battle about the appointment

Ravitch was initially expected to be sworn in July 9, the day after his appointment, at 11:30 am. However, Paterson's administration officials rushed to swear in Ravitch quicky, ahead of the expected legal battles. He was sworn in at approximately 8 pm, just 3 hours after his appointment, and the necessary paperwork was shortly filed with the Secretary of State's

Secretary of State of New York

The Secretary of State of New York is a cabinet officer in the government of the U.S. state of New York.The current Secretary of State of New York is Cesar A...

office.

Republicans attempted to block Ravitch from taking the oath of office by seeking a temporary restraining order. They successfully acquired one shortly after 11 pm, signed by State Supreme Court Justice Ute W. Lally. The Republicans initially thought that this was early enough to prevent Ravitch from entering office, but they later learned that he had already been sworn in. The restraining order prevented Ravitch from taking any actions as Lt. Governor. However, it was vacated the next day, and a hearing to rule on the legality of the appointment was scheduled for the following day, Friday, July 10. At the hearing in the State Supreme Court in Mineola

Mineola, New York

Mineola is a village in Nassau County, New York, USA. The population was 18,799 at the 2010 census. The name is derived from a Native American word meaning a "pleasant place"....

, the judge adjourned matters until July 15.

On July 15, lawyers for Governor Patterson and Senators Skelos and Espada presented their arguments. On July 21, New York Supreme Court

New York Supreme Court

Justice William R. LaMarca said that the plaintiffs “have established a likelihood of success on the merits for their claim that neither the Constitution nor legislative enactment authorized the governor to make the appointment," and issued a preliminary injunction

Preliminary injunction

A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...

which barred Ravitch from carrying out the duties of the office. A new hearing was scheduled for August 25, but lawyers for Governor Paterson filed an appeal in the Appellate Division

New York Supreme Court, Appellate Division

. The preliminary injunction was stayed

Stay of execution

A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....

by Appellate Division

New York Supreme Court, Appellate Division

Justice L. Priscilla Hall, who had been appointed to the Appellate Division by Paterson in March 2009.

On July 30, a four-judge panel of the Second Department of the Appellate Division ruled that Ravitch "can continue serving as lieutenant governor pending a legal challenge over his appointment - but he cannot preside over the State Senate." A hearing was held on August 18 before the Appellate Division's Second Dept. in Brooklyn

Brooklyn

Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...

, at which lawyers for both sides presented oral arguments. David Lewis, attorney for Dean Skelos

Dean Skelos

and the Republican Senate caucus, likened the appointment of Ravitch to the Roman Emperor Caligula

Caligula

Caligula , also known as Gaius, was Roman Emperor from 37 AD to 41 AD. Caligula was a member of the house of rulers conventionally known as the Julio-Claudian dynasty. Caligula's father Germanicus, the nephew and adopted son of Emperor Tiberius, was a very successful general and one of Rome's most...

’s naming of his horse to public office. Justice Thomas A. Dickerson said that "there is to be no one who is appointed to take this office." Justice Steven W. Fisher said he expected the Court to rule as soon as possible, referring the case directly to the New York Court of Appeals

New York Court of Appeals

. On August 20, the Appellate Court rejected the appointment, saying that "the Governor’s purported appointment of Mr. Ravitch was unlawful because no provision of the Constitution or of any statute provides for the filling of a vacancy in the office of lieutenant governor other than by election."

However, on September 22, 2009 the New York Court of Appeals ruled 4-3 that the appointment of Lieutenant Governor Richard Ravitch by Governor David Paterson was constitutional.

Espada flips back and return to normality

On July 9, Senator Espada announced that he would return to the Democrats' side, which effectively ended the Senate deadlock as Democrats once again had a 32-30 majority. Espada claimed to have a "handshake agreement

Gentlemen's agreement

A gentlemen's agreement is an informal agreement between two or more parties. It may be written, oral, or simply understood as part of an unspoken agreement by convention or through mutually beneficial etiquette. The essence of a gentlemen's agreement is that it relies upon the honor of the parties...

" with Democratic leader Senator John Sampson

John L. Sampson

John L. Sampson represents District 19 in the New York State Senate, which comprises Crown Heights, East Flatbush, as well as portions of Brownsville, Canarsie and Spring Creek Towers....

which would make Espada Senate president for the rest of 2009. Later on the same day, Espada officially became majority leader, while Malcolm Smith remained Senate President. Senator John L. Sampson

John L. Sampson

John L. Sampson represents District 19 in the New York State Senate, which comprises Crown Heights, East Flatbush, as well as portions of Brownsville, Canarsie and Spring Creek Towers....

, who remains as the Democratic conference leader, was said to be in line take over for Smith as Senate president at an undetermined date in the future. This, however, never happened, and Smith retained hold of the Senate presidency until the end of the term, when control of the chamber passed to the Republicans as a result of the November 2010 elections. Later that day, the Senate passed 135 bills in a session that lasted until 2 am.

Governor Paterson estimated that the crisis cost the state $125–$150 million in routine taxes that weren't collected.

External links

New York State Senate Official New York State Senate website
New York State Constitution
Rules of order used by the State Senate

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.