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New York State: Officially FUBAR

By Cary Tiernan

Tags: Politics, Stupid

Monday, 22 March 2010

If you don't live in New York State, good for you! Stay far, far away. That stench on the subway platform? It's not urine - it's just state politics. Take two parts shifty Senator, one part partisan rancor, mix vigorously and garnish with a messianic complex. Voilá! You have the current New York State Senate! Possibly the only legislative body that can claim its President was appointed while being subpoenaed by an Attorney General.

The Facts

The New York State Senate is now deadlocked 31-31, with no tiebreaker. Nothing is being voted on, leaving important legislation, like legalizing gay marriage, in limbo. While chronic partisan warfare is par for the course in state capitals across the country, the almost-routine turnarounds and switcheroos in NY have stopped any work from getting done for the final two weeks of the regular legislative session - during the most severe recession since World War II. The main culprits, democratic senators Pedro Espada and Hiram Monserrate, defected to the Republicans in early June. This gave Republicans a 32-30 majority, and returned the Democrats to minority status after being in charge for only a few months. Monserrate then switched back to the Democrats after voting for Espada as the President of the Senate and ensuring that his rival, Democratic Senate Leader Malcolm Smith, was ousted as the Dem's caucus leader. With Monserrate's second defection, the chamber is now stuck at 31-31. Under normal circumstances, the Lieutenant Governor would break a tie vote. But wait! There is no Lieutenant Governor anymore, since the previous one, David Paterson, was promoted when America found out then-governor Eliot Spitzer liked hookers. No one replaced him because the drafters of the New York Constitution, in their infinite wisdom, never actually described how one could seat a lieutenant governor outside of an election. Because, really, New York would never be in this sort of situation, right?

 

hiram monserrate

Hiram Monserrate

 

The Defectors

With the Senate in a stalemate, the future of the New York State government is in the hands of two men: Pedro Espada Jr. and Hiram Monserrate. That's a very scary thought because both are facing legal troubles but likely won't go down without a fight. Senator Espada is currently under investigation to determine whether he actually lives in the district he represents. Meanwhile, the Attorney General is currently looking into whether state money sent to a clinic, Soundview Healthcare Network which Mr. Espada runs as its Chief Executive, was misused for campaign purposes. This isn't the first time the Senator has been under investigation. In 2000, Pedro Espada was tried and acquitted for charges that he used Soundview money to cover campaign expenses. And in 2005, six employees of Espada were convicted of misusing taxpayer money to support campaigns for Espada and his son, though the Senator was not. Even more troubling, his reasons for switching may have come down to simply $2 million in dubious pet projects. The Senator requested $2 million to two nonprofit groups affiliated with his clinic.  The Democratic leadership refused to grant him the funding because it could not determine whether the two groups were actually nonprofit organizations they had registered as organizations with the state just a few weeks earlier.

 

 

So, Espada picked up his toys and went to play with the Republicans, who gave him a grand welcome. When the Republicans staged their coup, Espada was named Senate President Pro Tempore, and has since been referring to himself as the acting lieutenant governor. Much to his consternation, not everyone is a fan of the new President Pro Tem, and Espada has complained that he's the victim of a political jihad. If you think that's a little presumptuous, at least Mr. Espada doesn't compare himself to a biblical figure. That's Monserrate's shtick. At a recent event, Senator Hiram Monserrate compared himself to Jesus Christ when justifying his double-defection. You can see a video of his statement here. But quite unlike Jesus Christ, Monserrate was indicted by a grand jury andstands accused of giving his girlfriend 20 stitches in the face with a piece of glass during a domestic dispute. He could face up to seven years in jail if proven guilty. And like Espada, Senator Monserrate is linked to his own nonprofit mess; Libre, an organization created to deliver social services to immigrant families in Queens, was under investigation to see whether its staff worked on Monserrate's campaign and counted it as hours worked at the nonprofit. It's unclear whether this was the case, because Libre is now closed, and no record exists of how the $250,000 granted to it as a member item by Monserrate was spent.

Why This is Really, Really Bad

Despite their ridiculous public displays of narcissism, these two men have been calling the shots in New York politics for the past two weeks. Their whims determine whether decisions on important issues, like a sales tax increase, control of NYC schools and marriage equality, can be made. With a senate tied at 31-31 and no tiebreaking vote, NY state government is failing due to two slick politicians. Monserrate and Espada may claim to be representing New Yorkers, but I think all we're seeing is politics at its basest, most selfish level. It's a stand off, and neither side is blinking.  Republicans can't get a quorum, and Governor Paterson is looking even more powerless than usual. While the governor has proposed bringing in a judge as mediator, Republicans have balked. So nothing is getting done. There is a sliver of hope: if one of the Senators is found guilty from an investigation, the senator could lose his seat, breaking the tie. Of course, if both were found guilty, then the Senate would still be tied at 30-30. If that happens, my advice to New Yorkers is this: move to New Jersey.

 

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