Citizen Action of New York News

Music from a Keyless Piano

http://keylesspiano.blogspot.com/2009/06/coup-in-new-york-senate.html

The spectacular New York State Capitol building stands glorious and stately. It’s a building to be proud of but civic prides stops at the magnificent doors. Inside the halls feel slimy with the corruption of “pay to play”.

As of January, Republicans had 40 consecutive years of majority in the NY Senate during which New York’s “Empire State” image decayed. Democrats took over in January and several bills to benefit the general public made it into committees, a discussion series that was meant to culminate with a celebration of democracy – public hearings that would send bills to Assembly and Senate floors.

On Monday the Assembly Standing Committee on Insurance and the Senate Standing Committee on Judiciary met publically. On Tuesday, buses from around the state were set to bring citizen groups to several more hearings when legislative directives supported by up to 70% of the state’s voters were expected to be passed to the full floor with probability that they would become laws.

Now forget that for-the-people stuff. Instead, a Florida billionaire strode the Capitol’s halls making arrangements with New York’s legislators, an entourage of suits jogging in his money-power wake.

Tom Golisano, founder of Paychex, a NY business worth billions, said that New York’s tax system was too high and he moved to Florida. Even though he moved, he reportedly poured money into legislative campaigns to change the leadership in the Senate where Republicans have led the agenda and created tax codes for decades.

According to the Buffalo News, Golisano was dissatisfied with tax rates and with the staffing of the Senate’s Buffalo office so, reportedly, Golisano tugged on his financial ropes to bring politicians to his way of thinking leading to a coup in the New York Senate.

Golisano was photographed with Pedro Espada and Hiram Monserrate who announced they would caucus with the Republicans. Why is this a big deal? There are 30 Republican and 32 Democratic senators – a majority margin of 2. With Espada and Monserrate crossing the aisle to the Republican side, the majority structure flipped. The majority party chooses who will chair each committee and those chairs choose what legislation to consider and what to send to the shredder. The majority party can kill bills by simply not allowing them to come to the floor.

It is also no small matter that the majority party draws the lines for legislative districts, a deed regularly done with regard not to community lines but to party lines thereby ensuring the reelection of the majority party (gerrymandering). Republicans have controlled those lines for the last 70 years.

Changing the majority meant changing all committee chairs and cancelling all the hearings scheduled for this week “for the people.”

According to officials of Citizen Action NY, corporate lobbyists outside the Senate Chamber cheered as the Republicans declared control of the Senate on Monday. Republican control likely signaled job security for them with the “Pay to Play” culture in Albany for lobbyists and bad deals for millions of work-a-day people.
The busloads of citizens took their meeting rooms in a spirit of anger rather than excitement over being involved in the political process. About 100 people from Citizen Action NY protested outside the office of Pedro Espada just after Golisano exited.

News crews from all major stations filmed the group and recorded statements, both prepared and impassioned off-the-cuff, while the majority of citizens stood behind them holding placards and wearing tape over their mouths to illustrate that the voices of the people have been cut from the process. After the statements, they tore the tape off and chanted “Golisano pays, Pedro plays.”

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Citizen Action of NY then occupied the office of Hiram Monserrate until he met with them. Monserrate, while he has personal legal problems outside the legislature, had worked with several citizen and labor groups to sponsor the legislative measures that were to have been ushered out of committee that day. Monserrate told Citizen Action NY that he would work with the Democratic Party to try to find a resolution to the stalemate and on Wednesday he refused to caucus with Republicans instead meeting with Democratic senators.

For the rest of the week there were protests in Buffalo, Rochester and Albany and negotiations among lawyers for both parties. As of Friday, the legality of the coup remains under discussion, government work has halted and those who hoped that clean elections would come to New York are once more disappointed.

On Monday, Hiram Monserrate returned to the Democratic Caucus resulting in a 31-31 tie thus sending the decision of leadership to the courts.

The “Wonkster”

Gotham Gazette

http://www.gothamgazette.com/blogs/wonkster/2009/06/15/senate-gridlock/

Democrats and Republicans emerged separately from a meeting this evening and declared they have not been able to negotiate a power-sharing agreement.

Supreme Court Justice Thomas McNamara delayed ruling on the matter this afternoon to allow more time for both sides to negotiate. “I urge you in the strongest way I can,” said McNamara today, “You’ve got to work this out yourselves.” So much for that idea.

New Democratic “CEO”  Sen. John Sampson said that Republicans were too preoccupied with titles to negotiate. Republican leader Sen. Dean Skelos asserted that Democrats need to recognize that last Monday’s vote was legitimate and that he is Majority Leader and Sen. Pedro Espada is temporary President of the Senate.

Sampson and the rest of the Democrats are unwilling to cede that point. So Republicans and Espada, who previously insisted the court had no place deciding the legitimacy of Monday’s leadership vote, now say the judge needs to rule.

“We need judicial intervention, we need judicial action,” declared Espada after the meeting.

Earlier this morning Democrats held a press conference to announce that Sen. Hiram Monserrate had returned to the Democratic fold and that Sen. Sampson will run the conference’s “day to day operations” and function as it’s “CEO,” as Sen. Malcolm Smith put it. What that means isn’t exactly clear.  Smith still claims to be the majority leader and president of the Senate. Monserrate said Democrats will discuss the new leadership structure in the conference over the next few days.

Smith’s pained facial expression told the  story as Monserrate described his leadership as dysfunctional and praised the new structure. “I remain unbought and unbossed,” Monserrate declared. The press release his staffers handed out after the conference  had that phrase underlined and in bold type.

Only a while after Monserrate made his switch official a crowd of “protesters” wearing shirts that read “Reform Coalition-Espada, Monserrate, Skelos-Here to Stay” gathered on the east steps of the Capitol. Their shirts were apparently manufactured before Monserrate decided to switch things up again. It is hard to keep up with events at the Capitol these days.

Rain poured down as the protesters, who had come from the Bronx on a chartered bus, chanted, “Ho-ho, hey-hey, Pedro Espada is here to stay!” Supporters declared they had organized independently, but it was clear that Espada’s office had had a hand in arraigning the effort. Some of the protesters had strong ties to Espada’s campaign. One of the group expects to be working for Espads in the near future.

Eventually Espada made his way out of the Capitol building to talk to gathered members of the press. Espada downplayed Monserrate’s return to the Democratic fold and insisted that that Monserrate has pledged to support him as temporary president of the Senate. Espada denied that the coup that he helped orchestrate is creating gridlock. “There is no gridlock!” he insisted. Espada said that it is the Democrats who refuse to come to session who are delaying legislative action.

Later, outside the Senate chamber, Espada’s supporters and members of Acorn, Citizen Action and other groups that had come to protest the new coalition and the influence of Tom Golisano tried to shout each other down.

Republicans entered the Senate chamber to put on a mock session. Without Monserrate they don’t have the 32 votes needed for a quorum to start a session. That didn’t stop them from standing for the pledge of allegiance. Espada’s Chief of Staff Andrew Yong delivered an invocation.

“Lord, we pray that before us, that we would enact real reform, that there will be true transparency, and that there would be justice in this state,” he said.

Espada told reporters that his Democratic colleagues are creating “gridlock” by not showing up to session. He said they aren’t “showing up to work.” He again threatened to bring gay marriage to a vote to get Democrats to show up. He asked reporters, “Are you telling me that If I introduce, as I will, same-sex marriage onto the floor of the Senate chamber that we will be deadlocked at 31-31? I don’t think so.”

Fox 23 News

Albany, NY

http://www.fox23news.com/news/local/story/Both-sides-of-Senate-coup-protest-at-Capitol/-jKtcNgvzUKrA1GG80ig_w.cspx

As the politicians were in court and meeting the media on Monday, civilians upset about what’s been happening, or rather not happening, at the Capitol were making their voices heard.

In the midst of all the chaos over who will run the leadership of the Senate, protestors from both sides showed up to say the Senate’s not for sale, and others to say that the reform of Pedro Espada and others is very real.

Several dozen protestors organized by Citizen Action and other advocate groups began protesting rather silently, but then chanted down the hall toward where senate republicans were meeting — complaining that a billionaire’s big bucks had bought the power of the senate and taken it away from the people’s duly-elected representatives.

Marc Greenberg/Anti-coup protestor: “People that we elected should serve those who elected them, not those who paid for their campaigns and Pedro Espada apparently is happier to serve those who foot the bill for those who pay for his campaign, and not even disclose who pays for his campaign than to serve the people who elected him.”

Moments later, a group of counter protestors from Pedro Espada’s district in The Bronx faced off with the anti-coup protestors, saying that Pedro Espada had taken steps toward reform that senators who had been office for decades had neglected to take up.

Sigfredo Gonzalez/Pro-Espada protestor: “He has joined, we have joined parties together so that business can take place in the state of New York, Republicans and Democrats working together, to make issues take place so we can pass our budget, so the only ones prolonging this is the other side.”

So as these protests continue, the work of the Senate continues to be stalled, which could prompt further protests from taxpayers upset that the work of the people is not getting done.

The Daily Politics

The Daily News

http://www.nydailynews.com/blogs/dailypolitics/2009/06/espada-fights-fire-with-fire.html

There is what amounts to a shout-off going down just outside the Senate chamber between supporters of Sen. Pedro Espada Jr. and anti-Espada protestors.

The anti group appears to be the same people who were here the other day to protest the ceremonial Senate session at which Sen. Hiram Monserrate took his first public steps away from the so-called coalition government and back into the arms of the Democrats.

(That would be members of Citizen Action and ACORN; they’re holding signs and yelling: “Senate Not for Sale!”)

On the other side are people who identified themselves as Espada constituents from the Bronx. They’re wearing T-shirts that say: “Reform Coalition – Espada, Monserrate, Skelos – is Here to Stay.”

(Apparently, they didn’t get the memo that one of those three bolted the coalition earlier today).

I spoke with one pro-Espada protestor who declined to give his name. He insisted that Espada didn’t organize supporters, saying they came up here of their own accord in a sort of organic show of support for their beloved Bronx senator (who just so happens to be a Westchester County homeowner).

This gentleman told me he came up to Albany on a chartered bus. Who paid for it? He had no idea. He heard about it “through word of mouth.”

As for Espada, he insisted that he remains temporary president of the Senate and has no plans to give that post up anytime soon, nor does he plan to follow Monserrate back to the Democrats – no matter what Sen. Malcolm Smith might claim – arguing: “We can’t undo our legally-binding vote; it’s a very dangerous precedent .”

“The Democratic conference is going to collaborate with its new president pro tempore,” Espada said. “That’s a better way and a more accurate and legal way to frame that argument.”

“I am the president pro tem because if I am not then we all have to be very, very scared
about how we’re violating the Constitution that governs many, many important things beyond this Senate here.”

“… Are you telling me that If I introduce, as I will, same-sex marriage onto the floor of the Senate chamber that we will be deadlocked at 31-31? I don’t think so.

“Are we saying that when school governance comes before this body, are we saying that will be 31-31? I don’t think so. I think as we start to do our job that we will do our job for the people that we serve.”

“There is a bipartisan agreement. It was reached last Monday. There was most assuredly a bipartisan agreement.”

Dueling Protests from Elizabeth Benjamin on Vimeo.

Legislative Gazette

Albany, NY

http://www.legislativegazette.com/day_item.php?item=997

Voters and their advocates held a press conference and protest just outside the Senate Chamber lobby to speak out against the recent turn of events in the state Senate — specifically billionaire businessman Thomas Golisano’s role.

The protesters, from Citizen Action of New York, the Justice and Peace Resource Center in Binghamton, the East Broome Parishes in Broome County, the West Side Neighborhood Alliance and the Long Island Progressive Coalition, say Golisano, who, with the support of the political action committee he founded, played a key role in last week’s Senate power flip, should not be allowed to buy the state Senate and go against the will of the citizens of New York.

They say the new leadership — which they refer to as the “Golisano majority” — does not actually stand for reform, and overthrowing the Senate Democrats blocks real reform that could be accomplished by passing specific pieces of legislation.

“The coup didn’t just change leadership, it put a stop to the people’s agenda — affordable housing, control of health insurance rates, public funding of elections and many other critical issues that impact the lives of average New Yorkers,” said the Rev. Kevin Bunger of East Broome Parishes in Broome County.

The protesters also say the Senate leadership flip undermines the votes of New Yorkers. “The struggle in the state Senate is not a game,” said Veronica Horne from the Capital District Chapter of Citizen Action of New York. “It’s about whether the people’s vote really counts.” Horne also spoke about the history of voting rights in the country, saying the right to vote was “won only with people’s blood and tears,” and therefore “we don’t take the stealing of our democracy by the Golisano majority lightly.”

WNED

Buffalo, NY

http://www.publicbroadcasting.net/wned/news.newsmain/article/1/0/1517274/WNED-AM.970.NEWS/Citizens.Group.Blasts.Golisano

BUFFALO (wned) – Citizen Action of New York has targeted its anger at two men who, they claim, orchestrated this week’s events in Albany: Tom Golisano, the Rochester billionaire; and adviser Steve Pigeon, a former head of Erie County’s Democratic Party.

“Since when does one man have the right to buy legislators? If people were not convinced that we need to remove the power of money in politics before this week, Golisano’s actions should certainly convince them, ” said Ellen Kennedy, President of Citizen Action of New York, from the steps of the Mahoney State Office Building on Court Street.

Citizen Action also held similar events in Rochester and Albany

“Golisano did not like what the Legislature did about fair taxes, so he uses the power of money to change the Senate to his liking,” said Kennedy.

Citizen Action claims Golisano’s deep pockets and Pigeon’s sour grapes attitude over some political patronage jobs for which some of his cronies were denied led them to successfully overthrow the Democratic leadership and return the majority to the Republicans who lost control of the Senate for the first time in decades last November.

Examiner.com – New York

http://www.examiner.com/x-6452-NY-Progressive-Examiner~y2009m6d11-Inside-the-Albany-coup-part-II

Earlier today State Republicans, along with rogue Democrats Pedro Espada Jr. and Sen. Hiram Monserrate attempted to hold the first state senate session since the coup this past Monday. The session was shortlived, however because Monserrate of Jackson Heights Queens left almost immediately, stating that he was looking to bring in more Democrats to the meeting. He later stated that he would vote “no” on all of the new proposals brought by Skelos until the Democratic electeds returned to the halls of Albany. To further complicate any matters for those present in the chambers, Democratic members allegedly had hidden all of the bills and other paper work needed to get any work done.

Meanwhile Malcolm Smith and twenty Democratic representatives spent the day in court after the former majority leader filed a lawsuit earlier in the week, claiming the take-over was illegal. The judge denied the claims and allowed the sessions to move forward. The case will now move to the State Supreme court tomorrow at 9:15am. David Patterson is expected watch the outcome closely. The Democrats did receive two minor victories, however. A Kingston Appellate Division judge issued a temporary restraining order that will prevent Senator Espada from becoming president of the Senate until a decision is handed down possibly as early as Friday, according to James T. Madore of News Day.

There are now also signs that Hiram Monserrate may be considering voting with his own party and caucus with the Democrats. Such a move would create even more chaos in the final two weeks of the Senate’s normal operating period.   As a side note, Pedro Espada claims that his home was broken into by protestors who were angry over his role in the coup.

State Republicans were met in the morning by protesters from the group Citizen Action, among others. The crowd chanted “Voters Not Donors” while holding signs, some of which said, “Senate Not For Sale”. In Rochester the offices of Paychex, which is owned billionaire Tom Golisano, also was also the site of protests.  Golisano, who broke with the Democratic body after he felt betrayed by the tax hikes on the State’s wealthiest, has since backed Espada and the Republicans and may be responsible for orchestrating the takeover. The groups Citizen Action stated that,  “Today we sent a strong message that a billionaire’s political power grab will not silence the people’s reform agenda – legislation that would create affordable health care and housing, environmental protections, marriage equality, and public financing of elections.” Citizen Action, along with other groups like Tenant Pac, are expected to flood the telephone lines in order to get Democrats out to the voting booths in November. Friday, the group Community Association for Safe Apartments will hold a rally in front of Pedro Espada’s empty district office in the Bronx. For those who wish to attend, the address is  400 E. Fordham Road, at Webster Ave.  The rally starts at 11:30Am.

As this unholy dance continues, legislation which would preserve rent stabilization and a move closer to home rule for New York City now sits in Limbo. Pedro Espada Jr’s Bronx district is made up largely of rent stabilized tenants, which should raise more than a few eyebrows when considering the fact that Republicans, who receive more landlord funding than most Democrats, are often hostile to rent regulation itself. Espada’s decision to sell his own constituents up the river came after Senate Democrats denied earmarks to two organizations connected to Espada, either directly or by proxy. As I wrote in a previous report, the first organization “Green ECO Energy Incorporated” is run by Daniel Pagano who works part time as Espada’s lawyer. The center also shares the same address as Espada’s political action committee and the home of Dr. David C. Collymore, who works as the medical director at the Soundview center, which was found by Espada.

In short, the Senator was trying to strong-arm members of his own party to fund groups that directly benefit Espada – or he was going to sell those who voted for him and his own party up the river. There’s a name for any entity operating in this fashion, it’s called a rogue. When one also considers the fact that Espada is under investigation for questionable election funding practices which brought Soundview Center under Attorney General Andrew Cuomo’s scrutiny, it maybe time to consider the recalling of Pedro Espada. Even those in his district, according to people I’ve talked to, are disgusted with the state Senator and would have preferred to vote for someone else.

Until next time….

WIVB Channel 4

Buffalo, NY

http://www.wivb.com/dpp/news/political_theatre_plays_out_in_albany_090611

ALBANY, N.Y. (WIVB) – The Senate showdown got physical and very loud Thursday in the state capitol. Neither side is budging, no work is getting done and now a court may have to step in to clean up the mess of our elected leaders.

So where do we go from here?

The new coalition has been put on “hold.”

Friday, a five-judge panel will consider the issue of who controls the State Senate.

Thursday, Tom Golisano told reporters why he got involved in the struggle for power.

Protesters staged a noisy demonstration outside the State Senate chambers, shouting the Senate’s “not for sale.” Critics say Golisano, who once ran for governor and now owns the Buffalo Sabres, made a deal with two Democrats to stage a coup.

Golisano, who made an appearance in Buffalo, proudly says he got involved after the so-called three men in the room controlled the budget process and came up with a budget he couldn’t stomach.

Golisano said, “We decided after watching that about six to eight weeks ago, that we’re going to revert back and try and do something.”

Ellen Kennedy of Citizen Action of New York said, “We’re outraged that someone can buy out our votes just because he’s a billionaire.”

A coalition of leaders against the coup accused Golisano of using his money to manipulate the system.

Edwin Martinez of the Hispanic Alliance said, “Basically take away the voter’s rights by buying these two senators.”

Golisano said, “There’s nothing in it for me, other than the fact that I was born and raised here, created a very successful business organization, and I care about the people and the status of the state.”

The new coalition would be more favorable to upstate interests, according to Senator Dale Volker.

Senator Volker said, “They’re aligned with Republicans primarily from upstate and Long Island, so we now have a fighting chance to get some decent help.”

But others say ensuing court battles and dissension threaten to tie-up the State Senate.

Assemblyman Sam Hoyt said, “If only one house is operational, it means that there’s a lot of legislation that might not get acted on.”

But the two rogue Democrats say a new coaltion must replace the old way of doing things.

Senator Hiram Monseratte said, “Reforms that we have laid out in a very approriate manner that deal with decades and decades of disfunction and unfairness in this house.”

The shake-up comes in the final two weeks of the legislative session. U.B. 20/20 and $250 million dollars of Buffalo school construction work still need approval.

Assemblyman Hoyt is proposing the session be extended beyond June 22nd if necessary.

Newsday

Long Island, NY

http://www.newsday.com/news/local/state/ny-stcoup1212871344jun11,0,6949172.story

ALBANY – State Sen. Hiram Monserrate blocked action from being taken in the Senate Thursday by announcing that he would oppose all legislation until more Democrats join the new majority coalition.

The Jackson Heights Democrat also wouldn’t recommit to reporters that he supported Dean Skelos (R-Rockville Centre) to be the majority leader. On Monday, Monserrate and Pedro Espada Jr. (D-Bronx) had joined with 30 Republicans to take over the Senate and installed Espada and Skelos as co-chiefs.

Monserrate’s pledge to vote “no” on all bills creates a 31-31 tie with no lieutenant governor to cast the deciding vote.

Meanwhile, the lawmaker ousted by the coalition, Malcolm Smith (D-St. Albans), won a restraining order last night from a state Appellate Division judge in Kingston that bars Espada from serving as Senate temporary president in some instances until a court hearing this morning. Both sides were expected in State Supreme Court in Albany seeking a judgment on the rightful Senate leader.

Earlier Thursday, a State Supreme Court judge in Troy refused Smith’s request to stop the new majority from convening a session. Minutes later, Skelos led Republicans to the Senate chamber through about 100 jeering protesters from Citizen Action and the Association of Community Organizations for Reform Now.

Espada met Skelos at the locked chamber door, opening it with a key that Democrats said Espada shouldn’t have had. However, the pair didn’t have a key for the drawer where bills are kept, so no votes could be taken.

But Monserrate said he would not have voted with the coalition on bills anyway because other Democratic senators had not joined the group.

As Monserrate spoke to the half-empty chamber, protesters pounded on gallery windows.

Later, he told reporters that more Democrats were needed to legitimize the new majority. “You can’t have a coalition government with two Democrats and 30 Republicans. . . . My role is to ensure the Democratic Party is here at the table,” he said.

Espada expressed confidence in Monserrate, who is under intense pressure from unions and others to rejoin the Smith camp.

Espada also said he wanted to encourage Democrats to return to the chamber by bringing the gay marriage bill to a vote. “As I get the same-sex marriage bill on the floor, they’ll take their seats, they’ll debate it,” he said.

But Skelos, who opposes same-sex marriage, was skeptical. “If there’s a conscious decision, at least for now, not to come to the chamber, I don’t believe that bill is necessarily going to get them there,” he told Newsday.

The new majority adjourned yesterday’s session after 30 minutes and said it would reconvene on Monday at 3 p.m.

Responding to the chaos, Gov. David A. Paterson warned that he would compel lawmakers to return to Albany after the June 22 scheduled close of the legislative session. “There are critical issues that need to be addressed,” he said, referring to property tax relief, ethics reform and limits on state spending.

WIVB Channel 4

Buffalo, NY

http://www.wivb.com/dpp/news/political_chaos_continues_in_albany_090611

ALBANY, N.Y. (WIVB) – The political chaos continues in Albany. A state judge is refusing to stop the Republican take over of the State Senate, but it is not over yet.

“Senate Not For Sale” chanted lobbyists as the new majority leaders made their way to open the Senate chambers and hold session for the first time since a surprise majority shift.

A Senate speaker said, “Senator Lippes, a quorum is present.”

There was barely a quorum, 32 members, and only for 19 minutes. One of the two renegade Democrats, Hiram Monseratte was unwilling to cast any votes.

Senator Monseratte said, “I am not a Republican, I am a Democrat, but more importantly, I am a New York State Senator with an obligation to work for the people of the State of New York. I am here because of that obligation, because I believe this session should continue.”

The session could not continue when Monseratte left.

“Voters Not Donors” was the chant in the halls of the Capitol, and also the message in

Downtown Buffalo Thursday as members of Citizen Action protested billionaire Tom Golisano’s role in the surprise majority shift.

Ellen Kennedy of Citizen Action of New York said, “Gollisano didn’t like what the Legislature did about fair taxes, so he uses the power of money to change the Senate to his liking.”

But hours after the protest, Golisano spoke at HSBC Arena, urging people to remember what the new Majority already changed on Monday, while Senate Democrats went to court

Thursday morning and Senate Republicans held a brief session in Albany.

Members of Citizen Action and even a local Labor representative blasted Buffalo Sabres owner Tom Golisano for his role in overthrowing the Democratic Senate Majority just days before the session ended.

They believe he was trying to avoid passage of a campaign finance reform bill.

He said hours later speaking at HSBC Arena that he was simply disappointed by the

Democratic Majority, “Malcolm Smith made a commitment to me before he was elected to office that he would work on fiscal restraint, that they would put forth some of the reforms, that they would go after property taxes, campaign finance reform. Well, he was in office for a little over five months, and nothing happened. So, we decided after watching, that six or eight weeks ago, that we were gonna revert back and try to do something.”

There was a brief Senate session Thursday, but there were no votes.

Those challenging the new majority go back to court Friday morning, and the Republicans have scheduled the next Senate session for Monday afternoon.