Citizen Action of New York News

Capital News 9

Albany, NY

http://www.capitalnews9.com/content/headlines/474452/senate-holds-brief-session-after-judge-refuses-to-block-takeover/?RegionCookie=12

ALBANY, N.Y. — After a judge declined to stop them, members of the Senate coalition made their way through a frenzy of protesters and press, finally opening the Senate chamber doors for the first time since Monday’s coup.

But it was a treacherous road for the senators. Several called the protestors’ behavior general thuggery.

“My counsel, who’s about this big, someone had spit in her face. And as I was going through the door, I got knocked down to my knee. One of the sergeants caught me,” said Senator Jim Alesi.

“It’s threats through intimidation,” said Senator George Winner.

Once inside, the coalition leaders celebrated their victory.

“This is a new day in Albany,” said Senator Dean Skelos.

“Two brave Democrats joined a mission worthy of support, a coalition government,” said Senator Pedro Espada Jr.

Coalition fights way into Senate chamber

Despite the legal back and forth, the new coalition claims it was able to hold session Thursday. But lawmakers literally had to fight their way to get through the Senate chamber doors. Capital Tonight’s Erin Billups covers that angle of the story.

But it quickly became clear the session was largely symbolic. The Senate journal clerk, not present, had locked away the bill jackets, which are needed to officially pass legislation.

But that wasn’t the only setback to the progress the coalition promised. Dissident Democrat Hiram Monserrate left early, refusing to vote on any bills until more Democrats join the group.

“This chamber must not remain divided, so I’m going to excuse myself from this chamber,” Monserrate said.

A Democratic spokesman said that means, for now, they only have 31 members willing to vote on legislation.

“I think that speaks to the fragility of their alleged majority,” said Senate Democratic Spokesman Travis Proulx.

Senate Democrats said they will continue to fight the coalition in court, challenging the new leadership and rules reform passed Monday.

The coalition said session will reconvene Monday afternoon, with more Democratic members joining their ranks.

Times Union

Albany, NY

http://www.timesunion.com/AspStories/story.asp?storyID=809187

ALBANY — The battle for the state Senate remained in stalemate Thursday despite numerous political and legal developments, as breakaway Democrat Hiram Monserrate continued to keep both sides wondering where his shifting loyalties will settle.

Republicans had hoped to receive a final answer to that question at the first legislative session to be gaveled in since Monday’s dramatic coup, in which Monserrate and fellow Democrat Pedro Espada Jr. joined the chamber’s 30 Republicans to elect GOP Sen. Dean Skelos as majority leader and Espada as president pro tem.

But after Republican members managed to make their way past angry protesters and enter the chamber, the session lasted less than 20 minutes.

Addressing the chamber, Monserrate — the last member to arrive — stood with Espada amid a sea of empty chairs on the Democratic side of the hall. “My understanding and agreement to coalition government was under certain criteria,” Monserrate said. “I also understood the following: that for us to be an effective, bipartisan body, we need cooperation from both sides.”

“I spent the last two and a half days speaking to several of my Democratic colleagues, and it is unfortunate that they have decided not to join us,” he continued. “But the reality is that we need to continue to give them the opportunity to participate. This chamber must not remain divided.”

Monserrate is under intense pressure statewide and in his Queens district to rejoin the larger Democratic conference; recruiting additional members of the Democratic conference to the insurgent coalition would provide a degree of political cover to him as well as Espada, whose Bronx district is also heavily Democratic.

“I still remain committed to my party as a loyal Democrat, and I will continue to ask them to work with us,” Monserrate said.

When he was done speaking, Monserrate walked out — leaving the Republicans and Espada one vote shy of the 32 members required to enact legislation.

Monserrate’s conflicted loyalties continued to be on display outside the chamber, where he refused to tell reporters whether he supports Skelos as majority leader.

After his departure, the Republicans adjourned after noting that the desk containing the legislation scheduled for debate had been locked by ousted Democratic staffers. The next session was scheduled for 3 p.m. Monday.

Although Senate Democrats stayed away from the chamber on Thursday, they remained active in two different courtrooms.

Just before the abortive legislative session began around 11 a.m., a state Supreme Court justice in Troy denied a motion filed by lawyers for Democratic Leader Malcolm Smith for an injunction to resolve the leadership standoff.

Andrew Celli, representing Smith, said the senator was elected to a two-year term as leader in January. He said no resolution was made in committee to replace him, nor did insurgent senators make a “privileged” request.

“There is no vacancy. Sen. Smith remains the temporary president,” Celli said, referring to the opposition as “Sen. Espada and his confederates.”

Celli also told the judge that Sen. Neil Breslin, the Democrat who was presiding over the Senate at the time of the coup, said Republican Sen. Tom Libous was out of order when Libous called for a change in leadership on the Senate floor. He said Libous never tried to challenge Breslin’s statement.

John Ciampoli, a lawyer for Espada, told the judge that the majority of the Senate voted for the change in leadership, adding, “What Malcolm Smith is asking you to do is step in and substitute yourself for the 32 senators who represent the majority of the Senate.”

Saying he doesn’t have the authority in the issue, Supreme Court Justice George B. Ceresia criticized both sides for not being able to work out an agreement. “I think the people of the state of New York are the ones suffering from this,” he said. “It’s not indicative of good government — it’s indicative of anything but good government.”

The question arose in court of the possibility of a senator without ties to either Smith or Espada opening the session. During a break, lawyers for both sides met behind closed doors, but failed to reach an agreement.

“There’s not one person that they both liked — is that what you’re telling me?” Ceresia asked Ciampoli.

“Maybe not enough,” the attorney replied.

In the afternoon, the Democratic legal team appealed their complaint in Kingston before state Supreme Court Justice Karen Peters of the Appellate Division, who issued a temporary restraining order removing Espada from the line of succession that would make him governor in the event that David Paterson becomes incapacitated.

Smith’s marginal legal relief may be short-lived: A state Supreme Court justice will hear arguments at 9 a.m. today in Albany.

WXXI Public Radio

Albany, NY

http://www.publicbroadcasting.net/wxxi/news.newsmain/article/0/0/1517033/WXXI.Top.Stories/Senate.Stand.Off.Continues..as.Coalition.Falters

ALBANY, NEW YORK (WXXI) – The Senate coalition of thirty Republicans and two Democrats forced their way through an angry mob into the Senate chamber Thursday, and held a brief meeting. The remaining Democrats, who tried unsuccessfully to obtain a court order to stop the proceedings, called it a mockery and a sham.

It was a near- riot, as the 32 Senators had to shove their way through protesters, chanting “the Senate’s not for sale” to enter the chamber for the first time since the coup on Monday. The protesters were organized by Citizen Action and ACORN. Coup leaders Senators Pedro Espada and Dean Skelos said they could not say where they had obtained the key to open the Senate doors, but Democrats say they did not hand it over.

Once inside, the Senators did not act on any bills, as they had promised to do. They discovered that a cabinet containing the necessary documents was locked, and they did not have that key.

They did begin with the traditional Pledge of Allegiance, and made a few speeches. One of the two democrats in the coalition, Senator Hiram Monserrate, who rose first, appeared to still be wavering in his commitment to the coalition.

“This chamber must not remain divided,” said Monserrate. “So I’m going to excuse myself.”

Monserrate then left. Afterward, he said he was seeking more Democrats to join in.

“You can’t have a coalition government with two Democrats and thirty Republicans,” Monserrate said. “It’s just not reality.”

Senator Monserrate said he was firmly behind Senator Espada, who was elected President Pro Temp by 32 Senators on Monday, but would not say whether he backed Republican Dean Skelos, who was elected Senate Majority Leader in that session.

Senator Espada says other Democrats are awaiting the outcome of a court challenge by the remaining democrats, before they decide whether to defect and join in the coalition.

And though Monserrate appeared to be trying to remain neutral in the dispute, Espada says he’s not going back.

“My engines will never be in reverse,” said Espada, “I’m moving forward.”

There was no sign of the 30 remaining Democrats in the Senate, including Senate Democratic Leader Malcolm Smith, who hasn’t been seen in public since Monday. But a spokesman for Smith, Travis Proulx, says the session was a sham.

“It was a mock session,” said Proulx. “It was a disgusting display of political gamesmanship.”

The thirty Republicans plus two democrats say they intend to hold session again Monday, and actually pass some bills. Senator Espada says he may put a measure to legalize same sex marriage on the floor, and dare the rest of the Democrats, many of whom are strong supporters of the measure, to stay away then.

But those plans may now be on hold- late in the day the Democrats sought a temporary restraining order on any further Senate proceedings from a mid level appeals court- and won an injunction against Senator Espada acting as Temporary President of the Senate. Republicans insist that doesn’t mean that their session will have to be canceled.

New York Times

(see photo #10)

http://lens.blogs.nytimes.com/2009/06/11/pictures-3/?hp

There are terrible perils abroad. But a photographer who also found himself in harm’s way on Thursday was Nathaniel Brooks — at the New York State Capitol in Albany.

As the wild political battle continued between Republicans and Democrats for control of the State Senate, the Senate chamber was opened — over the Democrats’ strenuous objections — for what turned out to be a brief session, when the Republicans could not muster a quorum.

When the ceremonial entrance doors swung open, Mr. Brooks said, senators began pouring through what amounted to a vortex. And he was caught up in it. “It became an absolute melee,” Mr. Brooks said. “It was like a riot. At one point, I thought, ‘Oh, my gosh, I am going to go down.’”

Though photographers are normally barred from the floor of the Senate chamber, Mr. Brooks was able to catch the eye of a Republican aide, John McCardle, who offered him safe passage past the guards. That’s how he was able to get the picture of Senators Hiram Monserrate and Pedro Espada Jr., the Democrats at the heart of the political whirlwind. (Slide 11.)

Then Mr. Brooks took a shot through the ceremonial doorway out to the antechamber where protesters were holding signs. (Slide 10.) This view was partly blocked by the arm of the sergeant-at-arms, rather perfectly summing up the sense of chaos. Mr. Brooks, a Times freelancer, has been shooting in Albany for three years. “The last two days,” he said, “are, by far, the craziest I’ve ever seen it.”

WTEN, News 10 ABC

Albany, NY

http://www.wten.com/Global/story.asp?S=10518568&nav=menu30_2

The 30 Republicans and two rogue Democrats who formed a new State Senate coalition on Monday, finally got into the chamber Thursday morning. Not surprisingly, they were not joined by any other Democratic senators and the session, itself, lasted less than a half-an-our.

Three full days after their apparent takeover, the Republicans were headed back to the State Senate chamber. The new coalition had to elbow their way to the building’s entrance, as its perimeter was surrounded by demonstrators, protesting an end to all the chaos.

Once there, the Senators used a key supplied by Senator Pedro Espada, one of the two Democrats who switched sides, prompting other Democrats to shut down the house Monday and lock the doors.

With 32 of the 62 Senators in house the coalition declared a quorum. No tasks were accomplished, however, because all pending legislation was locked in a drawer for which no one had a key.

But even if they had that key no business would have gotten done, because Senator Hiram Monserrate, the other Democratic renegade, announced he was leaving right away.

Monserrate is said to be getting cold feet with the entire operation after reports of pressure against him for helping to oust Malcolm Smith; New York’s first African American Senate leader.

Republican Senators left town right after that, promising to hold another session next Monday, when they might actually take up legislation.

Governor David Paterson told NEWS10 Thursday evening that he will call lawmakers back to Albany if critical state issues are left dangling.

“The dysfunction and chaos in the Senate has wasted an entire week of the people’s business,” he said, adding, “I will convene the legislature in extraordinary session at a date to be announced so that we can finish the people’s business.”

Newsday/AP

Albany, NY

http://www.newsday.com/news/local/wire/newyork/ny-bc-ny–nysenatecoup0611jun11,0,5274230.story

“The upshot is it’s causing confusion. It’s causing chaos,” the justice said. “I think the people of the state of New York deserve an organized, unchaotic Senate.”

Ceresia ordered lawyers from both sides back to court Friday morning to argue whether Sen. Malcolm Smith, elected majority leader by the Democratic conference in January, remains in charge of the Senate or if Espada is the new top officer.

Ceresia said he probably would have issued a temporary restraining order against both sides to halt any further political shenanigans in the Senate, but law prohibited him from keeping public officers from their duties. However, Ceresia said he wants the leadership issue resolved quickly.

On Thursday afternoon, lawyers for the Democrats took their case to a higher court. Appellate Division Justice Karen Peters temporarily ordered that Espada couldn’t succeed the governor if the job should become vacant, but left the broader arguments over which group should control the Senate to court hearings on Friday. But both sides claimed victory.

Democratic Gov. David Paterson said he still recognizes Smith, a Queens Democrat, as majority leader and said he will call the Legislature back to Albany if they end the session without resolving several major issues, including whether to legalize same-sex marriage.

“The dysfunction and chaos in the Senate has wasted an entire week of the people’s business,” said Paterson, who is also head of the state party.

Back at the Capitol, more than 150 supporters from two groups closely aligned with Democrats chanted in the Senate lobby, thrusting signs that said: “Senate Not for Sale” and “Voters not Donors.” They referred to the involvement of billionaire B. Thomas Golisano, who has long sought to reform Albany politics and who helped broker the coalition deal.

Coalition senators nervously worked their way through the shouting crowd to reach the Senate doors, which opened just enough to let lawmakers through as the protesters clawed at them. Several Republicans are in their 60s and one, Sen. Thomas Libous, who ran Monday’s parliamentary overthrow, was using a cane Thursday after a flare-up of a herniated disk. Republican Sen. James Alesi of Monroe County said he fell to one knee because of the crush of the crowd and said his top staffer was spat upon.

Senators asked state police to monitor the protesters.

Espada said he has faced “intimidation, perhaps even criminal intimidation, harassment, my home was broken into, burglarized, my character was assassinated, my record has been distorted.

“But my mission, my purpose, has not been derailed or deflated,” Espada said in an emotional speech from the Senate floor. “I came here to rectify Democrats and Republicans … Like Sen. Monserrate, I am a Democrat. That is my registration. My obligation … is to represent all New Yorkers.”

The Senate adjourned this week without action on any major policy issues, with five days left in the scheduled session.

“It’s a total mess,” said Blair Horner of the New York Public Interest Research Group.

“This has gone beyond disgust,” said Barbara Bartoletti of the League of Women Voters. “It degrades the political system and it certainly degrades democracy,” she said.

Public News Service

Albany, NY

http://www.publicnewsservice.org/index.php?/content/article/9308-1

Albany, NY — With control of the state Senate in question, action on key issues such as worker rights, tenant rights, and control of city schools hangs in the balance. Passage of these measures could depend on which party ends up in control next week and how much longer the leadership fight drags on.

Jose Davila has been tracking issues in Albany for the New York Immigration Coalition and says reform bills on those issues were all making legislative progress until Monday, when control of the senate ended in chaos.

“We were very close to seeing passage of some of these worker rights bills, pro-tenant bills and reforms on the issue of mayoral control of New York City schools. Now, with the ugly politics, all of these critical reforms are in jeopardy.”

Rochester billionaire Tom Golisano has been predicting more Democrats will jump ship and join the Republican coalition, but they did not turn out enough members for the Senate to do business on Thursday. That left Charlie Albanetti, with Citizen Action, angry.

“We are incredibly upset that the Republican Majority and a billionaire who left the state are all turning their backs on the people of New York; people who need the legislature to be in session and the government to work for them.”

Democrats contend the Republican takeover was illegal, but one court refused to rule on the matter Thursday. Both sides are expected to appear in another Albany court today, while negotiations over which party will be in control Monday are expected to continue through this weekend.