"My name is Gustavo Rivera. I am running for State Senate," the well-dressed man says as he pushes his flyer toward a sweat-drenched man wearing shorts and a white t-shirt hurrying across the intersection of West 231st Street and Broadway in the Bronx. The hurried man puts up his shoulder, blocking the literature.
"I'm running against Pedro Espada," Rivera continues. The man pauses, stops and turns in the middle of the street. "Oh, you've heard that name before?" Rivera asks. The man smiles and tells Rivera that he lives in Espada's neighborhood.
"So you live in Mamaroneck," Rivera retorts, again smiling as he brings up one of the many controversies that swirl around incumbent State Sen. Espada, the architect of the Senate coup that threw the state into months of chaos last year, the man currently under investigation by Attorney General Andrew Cuomo and the federal government.
This is how it goes as Rivera, his campaign manager, treasurer and five young volunteers catch the rush hour crowd to hand out literature as they pound down the subway steps in the deep summer heat. The only relief is the filthy water that splashes down from the tracks above. Rivera is excited; he has just received an e-mail on his Blackberry informing him that he has won another union endorsement. A few minutes later he learns that the Albany Project has rated him the top challenger to watch this election season.
In the past few weeks Rivera has become the favorite among the three men challenging Espada to represent the 33rd State Senate district. The one-time assumed front runner, Desiree Pilgrim-Hunter, dropped out of the race, citing a lack of money. That event was quickly followed by a New York Times article announcing that the Working Families Party was endorsing Rivera and will lend its considerable muscle to help him beat Espada. The race has gone from snoozer to the hot list.
Rivera, born in Puerto Rico has lived in the Bronx near the Kingsbridge Armory for 10 years. He is a former director of outreach for Sen. Kirsten Gillibrand and served as chief of staff to State Sen. Andrea Stewart Cousins. Rivera came to New York City in 1998 from Puerto Rico to pursue his doctorate degree in political science from the CUNY Graduate Center and has taught political science as an adjunct professor at Pace University. He headed field operations for the Obama campaign in 2008.
The New Roosevelt Initiative, a political action committee that plans to dump big bucks behind the candidate, and the Working Families Party both back Rivera. He also has endorsements from Communications Workers of America, AFL-CIO, Local 1180, the 504 Democratic Club, Educational Justice PAC and the Tenants PAC. There is no question that Rivera is well connected.
His fellow challengers, Daniel Padernacht -- a life-long Bronx resident, lawyer and member of Community Board 8 -- and Fernando Tirado -- the district manager for Community Board 7 -- are nowhere near as tied in, but some say they have more first hand knowledge of the problems that face the community thanks to their work on the boards. Tirado moved to the Bronx from Queens in 2006.
According to the most recent campaign finance filings, as of July 1 Padernacht raised $19,405 and spent $16,101, leaving him with $957 on hand. Tirado raised $3,335, spent $3,087 and so had $387. Rivera raised $65,535, spent $27,092 and was left with $38,443. Espada, raised $81,775, in addition to the $252,478 he had left over from last year. After expenditures Espada has $322,903 on hand.
All three men answered a series of questions about the issues" for the Bronx News Network. The candidates generally agree on most issues. Espada declined to participate. His office did not return multiple calls seeking an interview or comment for this article.
Espada is by no means an easy target for Rivera. Besides having a sizable war chest, name recognition and incumbency to help him he also has his Soundview Health Clinic which many residents say have provided them with decent health care for years. During the senate coup while many mainstream papers tore Espada apart,local publications hailed Espada as a hero for Latinos. There is still the sentiment in the community that Espada is a Robin Hood figure being persecuted for sticking up for himself and the community he represents. Espada insists that he is being persecuted because of his race.
But a number of community members say the tide is changing. Cuomo's investigation and Espada's absence from the public eye as of late has a number of residents casting a more critical eye on the incumbent. Members of Espada's own party have tried to challenge his status as a Democrat.
Rivera hopes to take advantage of this.
Rivera's pitch is simple and direct. "What are you gonna do better than what he does?" asks a man who has already announced that he is "disgusted" with Espada."
"First of all, it's not going to be hard to do better than this guy," Rivera begins, tapping into the distrust of Espada that many people who stop him express. And then he moves into the catch line. "I am not magic. I am a human being. But I can promise to do what the incumbent does not. I will remember who put me here. I won't disappear into the other universe that is Albany. I will make sure that when I'm in Albany I will remember it is the people of the Bronx who put me there. And I want you to come and remind me who I work for."
In other words, Rivera says his door will be open to the people. Espada didn't open a district office for the first year he was in office and lately he has held town meetings by invitation only. Earlier this year he held a town hall meeting from the floor of the Senate chamber via the internet, taking questions by submission by phone and e-mail. Espada has said that he is very much a part of the community through his Soundview Health Clinic.
Unseating Espada is a crusade for many Democrats this year. They fear that having Espada on the Democratic ticket in November would be like a giant bull's eye on Democrats' backs, offering Republicans an opportunity to drag them over the coals for being corrupt. "If we don't beat Pedro Espada here, the Republicans will attack us with it throughout the entire state," said City Councilmember Oliver Koppell, who has endorsed Rivera.
Both parties, though have close ties to Espada. While Republican senators plotted with Espada and voted to make him the Senate president during the coup last year, rank and file Senate Democrats did nothing when their leadership wooed Espada back, making him majority leader — a title most Democrats will tell you is no more than that; it comes with absolutely no power.
Back on 238th street a woman named Holly stops to volunteer. She tells Rivera's staff she lives a few blocks up the street. "I read literature about the candidates and like that he supported Obama and Gillibrand," she says.
Rivera is definitely the hot shot at the moment. Today in the Bronx he is preparing to accept yet another endorsement, this one from the Benjamin Franklin Reform Democratic Club. He refuses to say the endorsement is a done deal, but his jubilation is a dead give-away.
As he makes his way up the hill from the subway stop to the Democratic club, Rivera jokes with one of his volunteers about his taste for PBR beer and promises to show him what a real beer tastes like after the meeting.
The meeting itself is a bit tense. Bill Samuels and his staffers hover around the crowded storefront as the members enter. The room is packed. Espada is a no-show. It is noted that he was invited by phone call and two certified letters.
Earlier in the year, Assemblyman Jeffrey Dinowitz" suggested the club put off endorsing a candidate so that challengers to Espada would have time to raise money and establish themselves. Now, the candidates are invited to speak on their own behalf.
Padernacht tells the crowd how he was recently encouraged by party members to drop out of the race. He mentions being warned that he will be a spoiler. He says he spent all night at the Board of Elections before the deadline for filing to get on the ballot, wavering about whether to run or not. He seems under siege, shaken. (The Daily News reported before the meeting that Diowitz organized a meeting with State Democratic leader Charlie King; Kevin Finnegan, political director at 1199 SEIU, and Public Advocate Bill DeBlasio to try to convince Padernacht to drop out of the race, saying he could split the vote like Ralph Nader.)
He notes that he has been endorsed by his mother.
Tirado gives a similarly wounded speech, noting that he was pressured to drop out by Democratic officials but plans to persevere.
They both say they feel like they know the community and are ready to run real grass roots campaigns.
The members of the club are then given a chance to speak. A few members voice their concern that Rivera has not lived in the community as long as Padernacht.
Koppell, who has already endorsed Rivera, tells the crowd, "If it wasn't for Nader, Gore would have won, and maybe we wouldn't have lost all those lives in Iraq."
The candidates take questions. Rivera is asked if any of his prominent former employers-- Gillibrand or Andrea Stewart Cousins — might endorse him. He notes they are both busy and that he already enjoys a slew of other major endorsements.
The vote is finally taken: Espada 0 votes, Tirado 0 votes, Padernacht 2 votes, and Rivera 43. Rivera thanks the crowd, telling them, "Now the real work begins." Samuels then strides up to the microphone to assure the members they made the right choice.
Padernacht leaves quickly, Tirado lingers outside. He has responded to multiple interview requests by insisting I e-mail him my questions. Tonight he insists again that he is very busy and that I should e-mail the questions. He looks disappointed, a bit lost.
Off the record, some members of the Benjamin Franklin Club say that Tirado and Padernacht mean well; they just don't have the connections and political muscle Rivera enjoys.
Outside the club, in the dark, Samuels is asked how Rivera will be able to deliver for the district, which faces some of the highest unemployment in the city and such major issues as a lack of affordable housing. Rivera will be a freshman, after all, and Espada is now the majority leader.
"He will have the tools he needs once he gets there. He will be able to deliver for the district," Samuels says. I ask him to elaborate. "He has the power of persuasion. Look at Daniel Squadron; he is a freshman but he puts up bills and people pay attention. Not to slight Daniel, but Gustavo has more of this energy. He is a star, and people all over the state are watching this race. He has connections."
Rivera, however is not nearly as bold. "We can't relax for one second to beat this guy," Rivera says of Espada, "We can't count him out for one second. All I can promise if I win is that I will be accountable to the people who put me there."
Earlier this month Republican State Chairman Ed Cox shook up the political narrative by backing a Democrat -- Suffolk County Executive Steve Levy-- to run for governor on the Republican ticket. The move angered some in his party who back Republican candidate Rick Lazio; it enraged conservatives and tea party members who do not want a Democrat at the top of the Republican ticket. But at the same time it put the names of the Republican candidates into the headlines and steered the conversation away from assumed Democratic nominee Andrew Cuomo.
"We've heard more from Lazio in the last few weeks, since Levy entered the race, than we have in the last five months," said Alex Carey, director of communications for the New York State Republican Party. "The public is now paying attention. All we heard about before was Cuomo and Paterson."
Cox's move is a brazen gamble, and he has a lot to lose, but with every major state office and both houses of the legislature in Democratic hands, some say Cox had to do something bold. While the Democrats are dogged by scandal and allegations of gross mismanagement of the state government, the Republicans so far have not been able to capitalize on that. Cox has been unable to find Republican candidates with a realistic chance of actually winning statewide office -- or energizing the party. Now, Cox hopes, Levy will do that -- and bring the Republicans, seemingly lost in the political desert after the 2008 elections, back to power and influence in Albany.
The results in November will determine not just who holds what state office but also the very future of the Republican Party in New York.
Following the 2010 census the legislature will have the power to redistrict the state. Experts say that, as Republican support in the state declined and population in the state has shifted to urban areas the party maintained political relevance in the state by controlling the districting process. In New York State, the legislature and the governor control redistricting. Last time around -- in 2001 -- the party held the State Senate and the governorship. This let them draw the lines to their advantage.
Now the Democrats control both houses of the legislature and the governorship. If the GOP does not win back two Senate seats to regain the majority there, the party will find itself facing permanent irrelevancy. "They are in danger of entering a state of being a perpetual minority party," said Ken Sherrill, a professor emeritus at Hunter College. "Malapportionment is the only thing keeping them near political power."
Some Republicans see things coming together so they can do that. "This will be the best year Republicans have had in 50 years," State Republican Chairman Ed Cox said during a recent interview.
Cox thinks the public will turn to Republicans in reaction to the passage of national health care reform, smoldering scandals that have marred Democratic control of Albany and the economy. "If you take a look at the big issues, economic issues, we have to close a $9 billion budget gap that will become a $20 billion deficit by the time the next elected governor takes office," said Cox. "The Democrats who control Albany can't confront it because of distractions: the scandal of an unelected governor who is being investigated by an attorney general who failed to recluse himself until after a 13 point drop in the polls. An unelected comptroller because of corruption by staffers of the previous comptroller. Democrats control the Senate, and both leaders are under investigations for problems that they have. It is a mess!"
Cox said the public will come to the conclusion that, "the political solution to this is to vote in a Republican governor who is fiscally conservative and a Republican Senate. Together they will be able to solve the problem. Being fiscally conservative is in our DNA."
Democrats counter that Republicans were in charge of the governorship and Senate for years and did not exercise much fiscal conservatism then.
Cox points out that a number of major Democrats were not elected by voters, but were instead appointed, either due to scandal or a seat opening. Those unelecteds include Sen. Kirsten Gillibrand, Comptroller Thomas Dinapoli and Lt. Gov. Richard Ravitch.
No one denies that scandal has dogged the Democrats during their recent period of control in Albany. The fall of Eliot Spitzer, the scandal surrounding Allan Hevesi, the domestic abuse trial of Hiram Monserrate, the continuing scandals and gaffes surrounding Gov. David Paterson -- and even the odd saga emanating from Rep. Eric Massa have left the Democrats scrambling to emphasize their accomplishments and push the ugly past under the carpet as they head into election season.
Yet the Republican Party is not exactly a betting favorite among political observers.
The top of the Republican ticket has Sherrill doubtful that the GOP can make any great gains come this fall. "They are right to think they have things going in their favor, but it's not clear they are going to get things together to have the ability to take advantage of it," Sherrill said, pointing out that the party does not yet have any challenger to Sen. Chuck Schumer or "formidable candidates" for attorney general, state comptroller or to face Paterson-appointed Sen. Kirsten Gillibrand.
"To use a sports metaphor," said Baruch professor of political science Douglas Muzzio, "the Republicans don't have a starting team, they don't have a bench and they traded to get a guy from the other team."
That "trade, as Muzzio calls it, has produced major tension within the Republican ranks. Insiders say Lazio supporters, including former Sen. Al D'Amato and former governor George Pataki, are very unhappy with Cox and would rather lose this year than see Cox get his way. "It looks like the Republicans have borrowed the Democrats' strategy of a circular firing squad," said Muzzio, "It is civil war."
Levy's nomination is by no means assured. He must now secure 51 percent of the party support at the convention to even get on the primary ballot, because he still is technically a Democrat. The struggle is on between the two candidates with the Conservative Party and tea party supporters insisting they will back Lazio into the general election. Observers say the move could lead to the kind of split that occurred in the race for Congress from New York's 23rd district upstate. Republicans backed moderate Republican Assemblywoman Dede Scozzafava while conservatives got behind Doug Hoffman. Scozzafava eventually quit the race but Democratic nominee Bill Owens was able to take the seat thanks to the split.
Cox sees little reason for his fellow party members not to back Levy.
"This is not a party of exclusion," said Cox of the move. "Levy is a real fiscal conservative. There is no Republican who is more fiscally conservative than Steve Levy."
Lazio supporters counter the Levy is in actuality a liberal and have put out numerous talking points attacking Levy in that manner. Lazio scored a recent victory by winning the endorsement of Nassau County Executive Ed Magano. Magano announced on Wednesday that he is "joining the Republican and Conservative Parties by endorsing Rick Lazio for Governor because of his solutions to change Albany. Rick will be a stronger partner for reducing taxes and fostering a business climate that puts people back to work in Nassau County. Rick has the right experience and the right message to succeed in November."
Cox also has come in for criticism for not being able to coax a big Republican name to challenge Gillibrand, whose poll numbers have remained stagnant since Paterson appointed her. A number of big-name Republicans have been rumored to be considering a challenge, but so far only lesser known candidates have announced. Pataki is one name who has yet to decide if he will challenge Gillibrand.
"I'm not sure you need a big name to win," said Cox, who pointed to the victories of Massachusetts Sen. Scott Brown over Attorney General Martha Coakley and Nassau County Executive Edward Mangano, who upset incumbent Tom Suozzi in November. "An unknown named Pataki came out of nowhere to beat Mario Cuomo," said Cox, "It just takes someone the public trusts."
Sherrill isn't so sure. He says without big, established names at the top of the ticket Republicans will have a hard time enticing voters to the booth to vote for candidates whose names appear lower on the ballot. "You can't beat somebody with nobody," he said.
That may hurt Republican chances to take two State Senate seats away from the Democrats and regain the GOP majority there. Sherrill says this should be within reach -- if Republicans can get their ticket in order. "They may have a better chance of that because of dissatisfaction with Albany, but again, if there is no one at the top of the ticket, there won't be any coattails," Sherrill said.
Muzzio agrees a Republican Senate majority be within their grasp and questions how much the top of the ticket will matter. "My gut tells me Levy, given his war chest and combative nature may have longer coat tails but politics is local," he said.
Cox pointed to a number of seats he thinks Republicans will wrest from Democrats because of local issues.
Sen. Darrel Aubertine, who holds the 48th district in northern upstate, faces a challenge from Patty Ritchie. Ritchie is currently a county clerk. "She was the clerk who first opposed the license plate fee that was just an insane move by Democrats," said Cox. "It was just another dumb way to come up with money."
On Long Island, Cox points to the Senate seat currently held by Brian Foley. He says Foley "took some bad votes that didn't match the needs of the district." The votes Cox is referring to include a vote to support the MTA bailout, which also established a payroll tax, and a vote for same-sex marriage. He says he is confident that Republican challenger Lee Zeldin will win.
Cox thinks Assemblyman Jack Quinn has a very good chance of unseating Democrat Sen. William Stachowski in the 58th Senate district around Buffalo. Stachowski has held the seat since 1981 and had a very tough time getting reelected in 2008. While Cox said he thinks Stachowski may be vulnerable because "he's been there a long time, maybe too long," he may also be having trouble because the Democratic leadership denied him the Finance Committee Chairmanship, which he was expected to inherit. This could reinforce the view upstate that the Democratic leadership, dominated by senators from New York City has ditched upstate Democrats. Stachowksi, who leans right, also voted no on gay marriage and is facing a number of primary challengers. Liz Benjamin reported earlier this year that Democrats are trying to push Stachowski out of the race to replace him with a more popular Democratic candidate so they don't have to spend money defending his seat.
But some Republican seats could be in play as well. Another New York incumbent, Republican Sen. Frank Padavan, had a rough reelection bid in 2008, pulling out a victory with a mere 480 vote lead against Democratic challenger James Gennarro. Democrats are confident Padavan won't be so lucky this year. Former 19th district Councilman Tony Avella has announced he will challenge Padavan. Sherrill thinks it will be a daunting challenge for Republicans to hold the seat. "The elderly constituents are aging out of the district or moving out," said Sherrill. He said Padavan's victory will depend a lot on "the top of the ticket."
But Cox sees things differently. He said in 2008 Democrats had momentum, but things have changed since then. He points out that three City Council seats in Queens were won by the Republicans in November. "I think Padavan is going to do well," Cox said. "Last time was a rough year."
Cox, also predicted Republicans "will pick up 15 Assembly seats. That won't give us control, but will allow us to uphold the governor's veto with some conservative upstate Democrats."
"There is no reason we can't win back seats traditionally held by Republicans," said Carey. "People are tired of senators who slash their girlfriend's throat, congressman who are involved in tickling and governors who take Yankees tickets."
Sherrill agrees with Cox that "all the macro things" are trending in the Republican's direction, but he said, "you have to look at whether they are capable of building the infrastructure and campaign to take advantage of that…They are under the gun, but I don't know that they can get themselves together to do anything about it. Wishing does not make it so," said Sherrill.
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At first it sounded like a stump speech. Gov. David Paterson, with his wife, Michelle Paige Paterson by his side, stood before the press gathered at his Manhattan office on Friday afternoon. Paterson listed his accomplishments in public office, saying he "improved the quality of life of all New Yorkers."
But very quickly his tone changed. There was a hint of finality, everything said in the past tense. "This is his 'You won't have Nixon to kick around anymore' moment," said one press observer.
Aides had told the press Paterson was going to announce the end of his campaign, but his words also rang for the moment as a final farewell.
"There are times in politics when you have to know not to strive for service but to step back. And that moment has come for me," he said.
Paterson, though, did not resign Instead he vowed to remain in office for 308 days until his term expires and said he would spend the time fighting for the people of New York.
The governor's statement on Friday, therefore, left New York in a state of limbo as high-stakes budget negotiations begin.
While some Democrats were glad to see Paterson bow out, a great many express concern that, at such a critical time, New York has a governor who is under investigation and completely without political capitol. They believe that, as the lamest of lame ducks, Paterson will not be able to corral legislators into tough but needed budget cuts. The state is facing an $8.2 billion deficit by spring of next year, according to the state budget office.
Some legislators and officials have called on Paterson to resign and hand over the reins to Lt. Gov. Richard Ravitch. The lieutenant governor, based on his past performances, is seen as a financial wiz and a crack negotiator. Others have come to Paterson's defense. They say the state does not need yet another governor to resign, especially during critical budget negotiations. And some legislators have simply called on Paterson to let Ravitch head negotiations, while Paterson remains in office.
Despite what Paterson said on Friday, some believe the governor is simply delaying the inevitable.
For weeks, rumors about the contents of a New York Times investigation had floated around the capital. The Times eventually ran three articles about Paterson and his aide David Johnson, the last of which detailed how state troopers pressured a woman who had allegedly been assaulted by Johnson not to seek an order of protection against him. The day before her scheduled court appearance, Paterson allegedly phoned the woman. The woman failed to show up for the hearing and her case was dismissed.
As the final Times story broke, Paterson called for Attorney General Andrew Cuomo to investigate his, his aides' and the state troopers’ involvement in the case. Cuomo, Paterson's chief political rival, agreed. Quickly pressure mounted on Paterson to exit the race, even to resign. For months, Paterson had been facing pressure to exit the race from Democrats who wanted to see Cuomo as the Democratic nominee for governor. On Friday, they got at least half of what they wanted as Paterson halted his campaign.
For some, though, that was not enough.
Perhaps the most striking call for Paterson's resignation came from the man who holds Paterson's former Senate seat, Bill Perkins. "He knows what he did, who he talked to," Perkins told WNYC. "He knows under whose order the state troopers contacted this woman. If the investigation turns out the way many suspect, his resignation is almost inevitable. If that is the case then it is in the best interests of the people of New York for him to cut bait now."
Having Paterson remain in office will only make it harder to move forward, U.S. Rep Michael McMahon said Friday. His "staying in office as a lame duck is a distraction," McMahon said to the Staten Island Advance. "There could be impeachment proceedings."
City Comptroller John Liu also called for Paterson's resignation Friday, citing the best interests of the city. "We have a $4.1 billion budget deficit to grapple with in New York City and cannot make real progress until the state budget is resolved on time one month from now," said Liu. "In order for this to happen, we need Gov. Paterson to step down now. Richard Ravitch has an abundance of integrity, experience and creativity. As governor, Richard Ravitch would be the person most able to steer clear of politics, bring people together, and bring about a balanced, on-time state budget.
While stopping short of calling for Paterson to resign, Liu's state counterpart, Comptroller Thomas DiNapoli agreed about the handling of budget talks. "The governor has made a wise choice to end his election campaign," DiNapoli said, according to the Village Voice. "Now he needs to make another wise choice and designate Lt. Gov. Ravitch to negotiate the budget with the legislature."
Even before the final Times story damned Paterson's campaign, Albany Sen. Neil Breslin was calling on Paterson to allow Ravitch to take the reins in budget negotiations.
"If the governor let the lieutenant governor negotiate on his behalf, he would be very well served," Breslin told Gotham Gazette last Tuesday. After the scandal broke, Breslin was more frank. "I think of this as the straw that broke the camel's back," said Breslin. "If the story proves to be true this will be the last in a lot of missteps for the governor. It is just too much, and a resignation should follow."
Sen. Liz Krueger also supports having Paterson put Ravitch in control of budget negotiations. "Somebody’s got to get this budget negotiated," Krueger told Business Week, saying that Ravitch, "has an experience in government budgeting and negotiating under complex circumstances. He is a very skilled public finance person."
Even without the scandal, some legislators had worried Paterson was too politically weak to negotiate the budget. The latest revelation only reinforced that. " "I don't know if he can find a way to walk himself back into the room and be part of the process," State Sen. Diane Savino told the Advance. "I don't know if he can find a way to walk himself back into the room and be part of the process."
Many legislators had hoped Paterson would draw on Ravitch's expertise during deficit reduction negotiations late last year; nevertheless Ravitch was isolated. It has been reported that Ravitch and Paterson haven't spoken in months.
Ravitch is working on a long-term plan for the state's finances. He wasn't willing to share much about the plan during a recent interview with Gotham Gazette and said he was unsure how it would be received by the legislature. "There are several possibilities," said Ravitch, "One is there will be a lot of screaming, yelling and people saying it's the dumbest idea they have ever heard. My guess is some people will be polite, and I think some people will think the ideas are good, but I really don't want to talk about it yet."
Ravitch indicated that he would be willing to take the lead on budget negotiations if he was asked to. "I'm fully prepared if it's useful to do that. I don't think that David Paterson has a problem communicating I think the problem is, as I suggested, is it's very, very difficult [to cut the budget].
Others argue that Paterson may now be in a better position to negotiate the budget than he was, say, a month ago. He, like Ravitch, who has said he has no plan to run for office in November, does not have to worry about poll numbers and can propose and push for unpopular cuts.
Bronx Democratic Chairman Carl Heastie supports this idea. "I join many of my colleagues in government asking that others refrain from calling for Gov. Paterson's resignation," said Heastie in a statement. "We are on a definitive clock with the state's budget, and I believe that having another transition at this time would put our state government in greater jeopardy of not meeting its obligations to the people of New York [i.e., with an on-time budget]."
Heastie said he respects Ravitch, "who is a man of great intellect and integrity. However, the people of the state of New York would be better served by a higher level of stability at this time. We accomplish that by having Gov. David Paterson lead us through this year's budget process."
"Great crises also sometimes bring about great opportunities," Assemblymember Adriano Espaillat told the New Times. He said that, without the distractions of running for office, Paterson would have more time to devote to crucial legislative business."
Critics of this idea say that Paterson is so politically damaged by scandal that legislators have no reason to listen to him. Nevertheless, some say Paterson should be left alone until Cuomo concludes his investigation.
"The calls for his resignation at this point are premature and I would urge everyone to cease and desist," said Assemblymember Hakeem Jeffries in a statement. "The governor, like every other individual, is entitled to a presumption of innocence and should not be hounded out of office unless a comprehensive investigation establishes clear evidence of wrongdoing."
If nothing else, some say, the calls for resignation represent another distraction from the real issues facing the state. "It makes it worse for all of us in terms of trying to put our agenda forward," said Assemblymember Keith Wright, the Manhattan Democratic chairman and one of Paterson's staunchest allies, said. "It weakens the agenda."
Of course, the governor's future hinges to some extent on the finding of Cuomo's investigation. The more damaging information that comes out, the more difficult it will be for him to hold on to his office until January.
Ironically, when Paterson became governor in 2008 following the scandal that sent Spitzer running from office, many legislators saw Paterson as a breath of fresh air. Spitzer had been cantankerous and unwilling to conform to Albany's backroom style. Paterson, as the Senate Minority leader, knew how to play the game. He had a great relationship with then Republican Senate Majority Leader Joe Bruno, where Spitzer’s relationship with Bruno was venomous. Observers saw Paterson as a cordial negotiator.
"David will sit down with Sen. Bruno and Speaker Silver, and he will be able to be, in part, a facilitator, and he will not be a lightning rod," said Breslin during a 2008 interview immediately following Spitzer's resignation. "It will be much easier for the three of them to agree on basic principles of a good, on-time budget." Assemblyman Ron Canestrari was a bit more guarded about Paterson's prospects at the time, but optimistic nonetheless. "Paterson has a reservoir of good will on both sides of the aisle,” said Canestrari. “He worked as a member of the Senate with Sen. Bruno and this could only help getting his agenda enacted into law. But we have to be realistic. The year of good feelings only goes so far, and strong philosophical differences with the Senate cannot be overcome with a smile and a wink. Our expectations, unlike when Spitzer was elected, should be more realistic this time around."
On Tuesday night around 9:30 p.m. Sen. Hiram Monserrate was expelled from the New York State Senate. All it took was a show of hands.
It came down to a vote of 53 to 8. The nay votes all came from Democrats: Monserrate himself, Conference Leader John Sampson, Majority Leader Pedro Espada Jr., Ruben Diaz, Carl Kruger, Kevin Parker, Eric Adams and Martin Malave Dilan all voted against expelling Monserrate. An alternative measure would have delayed Monserrate's expulsion until June, giving him time to appeal his misdemeanor conviction for dragging his girlfriend down a hallway after she suffered severe cuts on her face. That measure did not come to a vote.
Monserrate plans an immediate legal challenge with the help of civil rights attorney Norman Siegel. Legislators haven't expelled one of their own for decades.
The show of hands was simple, but the debate beforehand and the results of Monserrate's expulsion are anything but.
Overflow crowds flocked to the viewing galleries at noon as the session began. Some of the onlookers joked it was like attending a public execution. But they were in for a long wait, as the Senate considered a number of bills on other matters and then recessed to conference on what to do about Monserrate. The crowds slowly dissipated as it became clear that consensus would not be reached quickly.
Democrats holed up for hours behind closed doors and held what Sen. Neil Breslin described as an "animated" debate. Reporters who waited outside the chamber could hear shouting before the outer doors were finally shut and locked.
At one point Monserrate left the conference, saying he had been excluded. Asked if he could have stayed to simply sit and listen, Monserrate responded, "I don't think that was an option." Later Sen. Ruben Diaz, a close ally of Monserrate's, exited the conference with his hands in the air, waving off questions from reporters. Asked if Monserrate had been excluded from the debate, Diaz, still waving his hands, responded, "He was not excluded."
Hours later Diaz led Monserrate back into the meeting. Shortly thereafter Diaz exited screaming, "John Sampson doesn't have the leadership. John Sampson got defeated. He cannot produce. We don't have a leader. We don't have a leader. We don't have a leader. I don't know what's going to happen!" Diaz then told reporters that he wasn't sure whether he would switch parties, or perhaps just vote on his own.
A number of senators reported that the Democratic conference was evenly split (16-16) about whether to expel Monserrate immediately or to give him until June. Leaving Monserrate in place until June would made sure that Sampson would have the 32 votes he needs to pass anything for the rest of session. Sampson offered the measure that would have let Monserrate remain until then.
Gov. David Paterson announced after the vote that he will call for a special election on March 16 to fill Monserrate's seat. Monserrate has promised to run to get his seat back. If he does, he will probably face Assemblyman Jose Peralta, who enjoys the support of the Queens Democratic establishment.
Monserrate and his allies have attacked the way the Senate, which named a special committee to consider Monserrate's situation following his conviction, carried out its inquiry. They say it was all part of a political agenda, spurred partly by Monserrate's defection from the Democrats during last year's Senate coup.
Monserrate pledged to contest the legality of the expulsion.
Sen. Eric Schneiderman, who chaired the select committee that recommended Monserrate's expulsion, said that the Senate has every right to expel a member. He cited Legislative Law section 3, which states, "Each house has the power to expel any of its members, after the report of a committee to inquire into the charges against him shall have been made."
"Due process was followed, justice was served," said Schneiderman. He issued a statement following the vote to defend his committee and Monserrate's expulsion. "Make no mistake about it, this is a sad day for the Senate," read the statement. "The expulsion of a senator is a rare action that ought to be considered only in the most egregious of circumstances, but I believe the conduct of Sen. Monserrate -- his disregard for the law and for the safety of others -- meets that standard. Sen. Monserrate has not been honest about the events that led to his arrest and conviction, and, to this day, refuses to accept responsibility for his criminal conduct."
While there is concern among some legislators about what the temporary absence of one Democratic vote -- and the lack of the required 32 vote majority -- might mean to the body, a number of observers are not terribly concerned. Lobbyists and good government advocates point out that the Democratic majority hasn't exactly been steam rolling out bills, and things in the legislature won't really heat up legislatively until late March, when the budget deadline draws closer.
However, some still express concern that no matter how quickly Monserrate is replaced, his allies - -Diaz, Espada, and Carl Kruger -- could make it almost impossible for the Democrats and the Senate as a whole to accomplish anything, if the three decide to retaliate for Monserrate's expulsion.
Breslin and State Sen. Liz Krueger disputed Diaz's accusations about Sampson's leadership. "John Sampson solidified his leadership tonight," Breslin said.
Only three members chose to explain their votes on the floor. Diaz raged against what he saw as the hypocrisy of expelling Monserrate. He said that any number of legislators have been found guilty of corruption and misdemeanors but were not expelled. He said the Democrats had begged Monserrate to return during the coup, "Just to make a fool of him and put him to shame."
Lt. Gov. Richard Ravitch, who was presiding over the session, interrupted Diaz, who had exceeded the time limit, asking him, "How do you vote?" Diaz responded, "You ask me how I vote? I vote against all these people!"
Espada began by saying he wanted to "voice support for our fair and just leader John Sampson." Then Espada referred to a vote earlier in the day on a resolution to demand that terror trials not be held in Manhattan. Several senators, including Liz Krueger, stood to argue that combatants should be granted the rights of the American civil legal system. Espada said that those members could find it in themselves to afford terrorists due process but refuse to give Monserrate "due process rights."
Finally, Monserrate stood to defend himself. He told the chamber the Senate had not afforded him due process, and insisted, "We don't have the power to expel a member.” He also warned that any other senator could be next: "I will be voting no on this resolution. I will encourage every member of this chamber who believes in fundamental fairness and can put to the side the politics and the heated discussion of the issue and say, 'it's Hiram Monserrate today, it can definitely be me tomorrow.'" He said the vote to expel him was effectively "disenfranchising the voters of my majority minority district."
"I think it’s the height of arrogance for someone who has never pulled a lever in my community -- never saw the narcotics sales on Roosevelt Avenue, never saw the lack of services that my community receives -- to think that today they have more power than the constituent voters that sent me here to represent them," Monserrate said before asking for his colleagues to, "Let the people come this fall. Let them be the final word on the matter of Hiram Monserrate."
No one interrupted Monserrate's, 16-minute speech, and when he finished, the vote tally was read. Monserrate had been expelled. Senators quietly moved toward the exits. Monserrate stood near his, getting hugs from some colleagues, receiving conciliatory pats on the back from others.
Liz Krueger, the first Senator to openly call for Monserrate's ouster, made her way out the door away from where Monserrate was standing. "It was a long process, but you got the result you wanted. Are you satisfied?" she was asked. She paused briefly and replied, "We did what we needed to do."
Marcia Pappas of the National Organization for Women-New York State hailed the vote. "For over a year The National Organization for Women-New York State has repeatedly sent the message that anything less than expulsion was not acceptable. Any form of violence against women is not acceptable. We hope that this serves as a wake-up call to all lawmakers. Whether you are a candidate or a sitting elected official, if you are violent toward another person, you are not fit to hold office."
Councilmembers were asked by Gotham Gazette whether they would support (Intro 1105) legislation set to be re-introduced at the City Council, which would require certain recipients of city aid to pay a living wage.
Their responses are below.
Councilmember | Living Wage Position |
Margaret Chin | Supports |
Rosie Mendez | Out of town |
Christine C. Quinn | Undecided |
Daniel R. Garodnick | Undecided |
Jessica S. Lappin | Undecided |
Gale A. Brewer | Supports |
Robert Jackson | Supports |
Melissa Mark-Viverito | Supports |
Inez E. Dickens | Undecided |
Ydanis Rodriguez | Supports |
G. Oliver Koppell | Supports |
Larry B. Seabrook | Did not return phone calls |
James Vacca | Undecided |
Fernando Cabrera | Supports |
Joel Rivera | Supports |
Helen D. Foster | Supports |
Maria del Carmen Arroyo | Supports |
Annabel Palma | Supports |
Daniel J. Halloran | Against |
Peter Koo | Did not return phone calls |
Julissa Ferreras | Supports |
Peter F. Vallone, Jr. | Against |
Mark Weprin | Undecided |
James F. Gennaro | Undecided |
Daniel Dromm | Supports |
James Van Bramer | Supports |
Leroy G. Comrie, Jr. | Undecided |
Thomas White, Jr. | Undecided |
Karen Koslowitz | Undecided |
Elizabeth Crowley | Supports |
James Sanders, Jr. | Undecided |
Eric Ulrich | Against |
Stephen Levin | Undecided |
Diana Reyna | Undecided |
Letitia James | Supports |
Albert Vann | Undecided |
Erik Martin Dilan | Undecided |
Sara M. Gonzalez | Supports |
Bradford Lander | Undecided |
Mathieu Eugene | Supports |
Darlene Mealy | Supports |
Charles Barron | Supports |
Vincent J. Gentile | Undecided |
Jumaane Williams | Supports |
Lewis A. Fidler | Undecided |
Domenic M. Recchia, Jr. | Undecided |
Michael C. Nelson | Against |
Deborah Rose | Did not return phone calls |
James S. Oddo | Against |
Vincent Ignizio | Against |