Showdown in Albany The month-long standoff in the New York Senate was one of the more unusual legislative spectacles in recent memory. PHOTO: TIMES UNION BY IRENE JAY LIU and two dissident Democrats staged a stun- New York Senator Pedro Espada holds up a ning coup, seized control of the Senate, and key to the Senate chamber while reporters and hen Democrats won control of the set off a summer stalemate that paralyzed photographers crowd around on June 10. It New York Senate last November the state’s upper chamber for more than four was just one of the unusual scenes that played after nearly 70 years in the minor- weeks. Republican Senator Thomas Libous out in Albany during a month-long standoff ity, Senate Democratic Leader Mal- introduced a resolution electing Democratic between Republicans and Democrats. Wcolm Smith triumphantly declared, “Today, Senator Pedro Espada as president pro tem- change begins.” pore and Senate Republican Leader Dean tisan strife. While few expected Republicans to go Skelos as Senate majority leader, ousting Democrats scrambled to block the move, quietly into the minority, no one predicted a Queens Democrat Smith, who had been calling for the Senate to adjourn and filed GOP-led leadership revolt. elected to both positions in January. out of the chamber. Staffers turned down the On June 8, the chamber’s 30 Republicans The insurgent coalition made its move chamber lights and shut off microphones and with two weeks remaining on the legisla- television cameras. Irene Jay Liu covers the New York Legislature for the Albany tive calendar, a session already beset by a The 30 Republicans and the two dissident Times Union. billion-dollar budget deficit and bitter par- Democrats—Espada from the Bronx and 26 state legislatures SEPTEMBER 2009 SENATE MINORITY SENATE MAJORITY SENATE PRESIDENT LEADER LEADER MALCOLM SMITH DEAN SKELOS PEDRO ESPADA NEW YORK NEW YORK NEW YORK Senator Hiram Monserrate of Queens—voted ity, Golisano expected Smith to grant him an join the GOP-led coalition. to pass the resolution and a rules change that attentive audience. Instead, Golisano said, the Smith, meanwhile, decried the vote as ille- would establish more equality between the Democratic leader fiddled with his Black- gal and criticized the timing of the coup. “We minority and majority parties in the Senate. Berry. have many crucial issues important to us that In the darkened chamber, Espada and Ske- “I thought it was very rude,” Golisano said have to get done, some of which are expir- los were sworn into their new positions. one day after the coup. ing,” said Smith, referring to dozens of home So he set out to bring the Republican rule bills requiring authorization by the Leg- THE PLAYERS leadership on board and then to recruit Dem- islature for local governments to levy sales The fight in New York came against a back- ocrats to cross over. Espada, who had once taxes and authorize labor contracts, among ground of historic change. When Democrats caucused with Senate Republicans, agreed other issues. took control of the Senate in November 2008, to join the effort and and in turn recruited The situation devolved into a tit-for-tat it was the first time since 1935 that the party Monserrate. exchange. Smith vowed not to call the Sen- had control of both legislative chambers and Even after he threw his support behind ate into session until he was certain there the governor’s seat. Even so, the margin of Smith in January, Espada clashed with Senate would not be a “circus.” The gates leading to control was only two votes, the same number leadership over office space, resources, dis- the darkened chamber were shut and locked. the Republicans claimed before November’s cretionary grants, and bills being stalled in the But Senate Republicans and Espada vowed to election. housing committee, which Espada chaired. hold a session. On June 11, they pushed their Governor David Paterson only has been in Monserrate was also a member of the way through throngs of angry protestors and office since the March 2008 resignation of original “Gang of Four,” but was quickly per- stormed the chamber, unlocking the door with Eliot Spitzer. That move left his previous post suaded to support Smith. a key procured by Espada from an unknown as lieutenant governor vacant and meant the Espada and Monserrate were controver- source. president pro tempore of the Senate was next sial allies for Republicans from a public That same day, attorneys for Smith filed in line to be governor. relations perspective. Espada has been fined the first of more than a half-dozen lawsuits Even though the Democrats won control, more than $60,000 for flouting the state cam- that each side would file in the imbroglio. it took them two months of internal maneu- paign finance disclosure law, and the Bronx On June 12, Albany County Supreme Court vering to agree on the leadership. Espada was district attorney is investigating whether he Judge Thomas McNamara told both sides to one of the “Gang of Four” Democrats who even resides in the Bronx district he repre- take the weekend to seek a resolution. withheld support of Smith shortly after the sents. And the state attorney general is look- November election, imperiling Democrats’ ing into whether a nonprofit he founded and STALEMATE hold on the majority and delaying their transi- runs as chief executive officer misappropri- Pressure mounted on Monserrate to rejoin tion for months ated funds. Monserrate is awaiting trial on the Democratic caucus. Monserrate represents That was the backdrop for the coup, which felony assault charges for allegedly slash- a heavily Democratic district in Queens and was the brainchild of mercurial billionaire B. ing his girlfriend’s face with broken glass in was backed by organized labor. In the days Thomas Golisano, founder of the payroll out- December. following the coup, he was bombarded with sourcing firm Paychex and a three-time unsuc- calls from local leaders, robocalls to his con- cessful candidate for governor. STORMING THE CHAMBER stituents, and community pressure to return to Golisano had spent millions of his fortune Within hours of the coup, the leaders of the fold. aiding the Democratic takeover of the Senate, the self-dubbed “reform coalition” along with On June 15, one week after the coup, Mon- only to be disappointed by Democrats’ votes Golisano held a press conference touting their serrate announced that he would return to the for the FY 2010 budget in April, which he felt commitment to reforming the Senate. Democratic conference, which would now be did not cut spending enough and included a “The new rules adopted today will cre- lead by Brooklyn Senator John Sampson. The tax hike on the wealthy. In May, Golisano ate a more open, bipartisan, transparent and Senate was now split 31-31. announced that he was moving to Florida to member-driven body that will take dramatic Democrats asked Republicans to negoti- escape New York’s taxes. new steps to end Albany dysfunction,” said ate a power-sharing arrangement and offered Golisano said he began planning to over- Skelos. a “bipartisan operating agreement” based on throw Smith in the spring. After spending Espada said he had received commitments power-sharing agreements from other split millions to help Democrats win the major- from additional Democrats who would soon legislative bodies. SEPTEMBER 2009 state legislatures 27 CHANGING THE RULES over the 3 p.m. extraordinary session. But hese are some of the rule changes agreed Democrats began camping out in the locked to in the New York Senate. Senate chamber hours before either side was T SENATOR u Any senator can bring a bill to the floor scheduled to convene. Democratic Sena- if the majority of the senators support the tor Andrea Stewart-Cousins of Westchester CARL KRUGER move. stood at the rostrum, flanked by Senate NEW YORK u Lawmakers can now move their bills out counsel and surrounded below by two ser- of committee if 37 of their colleagues sign geants-at-arms. a petition. This applies only to bills intro- At 2 p.m., the Republicans and Espada duced in the first three and a half months of joined the Democrats in the chamber. When least two senators that lay claim to its highest the session. Senator George Winner was refused entrance post. So there is no successor to governor,” u Transcripts of debates and floor proceed- to the rostrum, he proceeded to call the ses- Paterson said. ings, and other records will now be avail- sion to order from the floor. When the coali- He announced his decision in a statewide able to the public online. tion stood for the Pledge of Allegiance, the address, tapping businessman and longtime u Majority and minority leaders and com- Democrats stayed glued to their seats. public servant Richard Ravitch. mittee chairmen and ranking members will The GOP-led coalition proceeded to pass Attorney General Andrew Cuomo, Pat- now be limited to eight-year terms. noncontroversial bills. erson’s potential Democratic rival for the u Committee membership will be propor- At 3 p.m., Stewart-Cousins banged her governorship in 2010, declared such a move tional to each party’s representation in the gavel and called the Senate into special ses- would violate his office’s reading of the state Senate. sion. Winner then banged his gavel and called Constitution and public officers’ law. u The minority party will receive one-third the Senate into extraordinary session. The following day, Espada announced he of the money for legislative earmarks— The scene soon devolved into a shouting would rejoin the Democratic conference, giv- funds for individual lawmakers’ projects.