Since last Monday, the New York State Senate has been gridlocked. As it currently stands, the Senate is divided evenly with 31 Democrats on one side, and 30 Republicans and 1 ethically-, morally-, and legally-challenged "Democrat" on the other. The state Supreme Court has refused to weigh in on the dispute, and both sides believe they should be in charge. But the real losers of the continued gridlock are the people of New York. A power-sharing agreement is needed to get the Senate back to doing the people’s businesses... and time is running out.
Proposals have been submitted from both sides to reach an operating agreement so that the Senate can get back to work. With pressing local and state-level legislation caught up in the logjam and looming June 22nd close of session, it is imperative the Senators reach a workable solution NOW.
The Democrats have put forward a proposal that would result in a true bipartisan operation of the Senate:
Operation of the Senate: The parties agree to rotating Presiding Officers of the Senate, alternating daily, one each to be designated by the Democratic Conference and the Republican Conference, respectively.
Bills for Consideration: The parties agree to establish a six-member Senate Conference Committee, comprising three members designated by the Democratic Conference and three members designated by the Republican Conference, to determine which bills and resolutions will reach the floor. On agreement by a majority of such Committee, an Active List for each session shall be compiled and advanced. No bill shall be advanced or voted on by the Senate without prior approval of a majority of such Committee.
Floor Leaders: The parties agree to rotating Floor Leaders, alternating daily, one be designated by the Democratic Conference and the Republican Conference, respectively. On each day that the Presiding Officer is named by the Democratic Conference, the Floor Leader for such day shall named by the Republican Conference, and on each day that the Presiding Officer is named by the Republican Conference, the Floor Leader for such day shall be named by the Democratic Conference.
Expiration Date: The agreement would stay in effect until the end of the 2009 session.
The Republican proposal simply reiterates what they put forward last week, and is "bipartisan" in name only:
Operation of the Senate: The Temporary President of the Senate, may preside, or if he chooses not to, the Majority Leader, may preside or choose another of either party to preside. The Presiding Officer, will have all the powers provided under law or rules to the President of the Senate.
Bills to be Considered: The parties agree that the Temporary President and the Majority Leader shall jointly publish a list of bills to be active on the Senate floor. A sponsor of legislation may move to have his or her bill on the calendar considered on the next active list if a majority of the members present and voting agree. Any bill on the calendar may be considered on the next active list upon the presentation of a petition signed by the majority of the members elected to the Senate.
Leadership of the Senate: The Temporary President of the Senate shall be Pedro Espada Jr., an enrolled Democrat, who shall jointly administer the Senate with Vice President Pro Tempore and Majority Leader, Dean Skelos, an enrolled Republican.
Expiration Date: The agreement would stay in effect until the beginning of the 2011 session (after the 2010 elections).
It is clear that the Democrats have put forward a workable, truly bipartisan solution that would allow the Senate to rise above politics so as to pass important and vital legislation before the close of session. In addition, it is becoming increasingly clear that the Republican conference got more than it bargained for in Senator Pedro Espada Jr., whom they attempted to install as Temporary President of the Senate and next-in-line to the governorship. The Bronx District Attorney has taken up further investigations into the numerous skeletons in Espada's closet, ranging from a complete and utter failure to comply with the state's campaign finance laws to allegations that he does not actually live in the district he suppposedly represents. A CBS story shed further light on his official residence in Mamoroneck just yesterday. NY State Attorney General Andrew Cuomo is also looking into his misuse of campaign funds.
In light of these events, the tide has been turning. With their Temporary President a hair's breath away from criminal charges, will the GOP rank-and-file members continue to support their proposal? Democratic Senators are calling upon them to exercise independent judgment and put the people of New York first:
"It is clear that under the control of Pedro Espada, the Senate Republican leadership is not interested in putting partisanship aside and the people first. They have failed their constituents and their conference by refusing to entertain any proposal that does not give Pedro Espada power to control the Senate and a position one heartbeat away from the Governor’s office."
-SENATOR JEFF KLEIN (D)
"New Yorkers have been through enough in the last few years. They do not need someone with only a passing acquaintance with honesty to be just one heartbeat away from the Governor's office. It is simply unacceptable to have such a person in any position with such direct influence over the lives of 19 million New Yorkers.
My conference and I are willing to meet with any senator from the Republican side who is willing to stand up to Pedro Espada, say enough is enough, and agree to a good faith, bi-partisan operating agreement."
- SENATOR LIZ KRUEGER (D)
Finally, it's important to note that bipartisan power-sharing agreements have worked in other states and even the U.S. Senate. The executive summary of the reports posted by the Dems states the following, and includes a helpful chart that synthesizes all of the examples:
"The bottom line is that neither conference is able to convene a quorum and do the people’s business without the cooperation of the other. Compromise and agreement is the only path left forward at this point. Over the past 40 years there have been dozens of examples of legislatures, including the United States Senate, that have developed bipartisan operating agreements to allow the passage of essential legislation and assure stable functioning of floor operations during the deadlock."
In this time of great turmoil for our state, our nation, and the world, it is time for out political leaders to be rational, reasonable, and focus on what they are elected to do: represent the people. Now is not the time for political power grabs. Though a Democratic majority was elected last fall, the Democrats have conceded that in the current situation a bipartisan power-sharing option will best address the vital issues most important to New Yorkers. It is time for all the New York State Senators to get on board with the Democrats' proposed bipartisan solution and get back to work.