Judge Denies Monserrate’s Case to Stay in New York State Senate

As Alex V wrote, former State Senator Hiram Monserrate was expelled from the State Senate earlier this month for being convicted of misdemeanor assault on his girlfriend. He was the first state legislator to be from office since the early part of the last century. His response was to sue a bunch of state officials arguing that the Senate had no power to expel him. Further he and voters from his district claim in the suit that by expelling him the State Senate denied the rights of the voters who elected him.  Today Judge William H. Pauley denied those claims. You can read the decision on the NY Times site here.

My favorite quotation from the the decision:

In an ironic twist, [Moserrate's] attorneys characterize the Senate’s action as an “unlawful coup” and argue that the voters in the 13th Senatorial District have been disenfranchises by this removal.

Let hope that the appeals court also finds more irony than merit in Monserrate’s suit. Pauly continues:

While this Court concludes it has no legal basis to preliminarily enjoin the decision of the Senate, a ‘fundamental principle of our representative democracy is, in (Alexander) Hamilton’s words, ‘that the people should choose whom they please to govern them…Thus, the March 16 special election furthers the goals of Plaintiffs’ current application to protect the voters of the 13th Senatorial District more effectively than judicial intervention.

The judge also said “expulsion of a sitting legislator is infrequent and the power of a body to determine the fitness of its members is embedded in American democracy.”

Onorato Is Out

82-year old State Senator George Onorato will not run for re-election this year. Onorato voted against marriage equality last year, and part of the reason for his stepping aside is equality advocates threatening to field a primary candidate against him.

That leaves 7 other Democratic State Senators who voted against equality last year.

Looks like there’s one candidate already thinking of running in his place — Assemblyman Michael Gianaris. He (rightly) says the Senate is the place that is screwing up life for New Yorkers:

“The Senate is where the battle has been joined in many ways… For better or worse, the fate of New York will be decided in there.”

Albany veteran George Onorato bows out, young foe Michael Gianaris steps in – Daily News

Senators — We’ll Be Back

From NY ME advocates:

Daily News: Liz Benjamin

Young Getting It Done: The Bruno Gap

I live in Carroll Gardens, and I’m lucky enough to have Dan Squadron as my State Senator. A couple months ago, I bumped into him talking to constituents outside of the entrance to the Bergen Street subway stop on the F line. (He’s now put together a town hall with actual MTA reps for people who use the F — I should go and give them a piece of my mind…) MYD also honored him with a “Young Gets It Done” award at our party at the Griffin.

He’s not even 30, but he arrived at the State Senate in 2008 and has been introducing legislation many of his fellow Senators have nightmares about.

Exhibit A: Ethics overhaul, which is gaining steam in light of the conviction of former Senate Majority Leader Joe Bruno (R) on corruption charges.

“I call it the Bruno gap, and it needs to be filled,” Squadron said.

The draft bill would abolish the much-criticized Public Integrity Commission and replace it with two different bodies – one to oversee the executive branch and another the lobbying industry.

A third commission, with an independent investigatory arm, would be created to police the Legislature.

That commission also would have the power to randomly review lawmakers’ financial disclosure forms.

Any recommendations investigators made would be public, a change from current law.

Lawmakers would also be subject to more stringent public disclosure laws.

For the first time, they would be required to publicly report the range of their outside income.

Lawmakers with consulting businesses, like Bruno, would be required to list all clients, their compensation level and what services they did for them.

The bill would not require legislators who are lawyers, like Assembly Speaker Sheldon Silver, to list their clients. Schneiderman, a lawyer, said that’s because of lawyer-client issues.

The bill has an anti-nepotism provision that would bar the hiring of relatives of elected officials to high-level positions in the same house or for state jobs with salaries over $84,000.

The bill would also revamp the toothless Board of Elections and make it easier for investigations to move forward.

Two Best Speeches from Today

From Senator Hassell-Thompson:

From Senator Savino:

Full Vote Tally

(24 Votes)
3. Brian X. Foley, D-Long Island (Blue Point)
7. Craig Johnson, D-Long Island (Port Washington) S.4401 sponsor
14. Malcolm Smith, D-NYC (St. Albans)
16. Toby Ann Stavisky, D-NYC (Flushing) S.4401 sponsor
17. Martin Malave Dilan, D-NYC (Bushwick) S.4401 sponsor
18. Velmanette Montgomery, D-NYC (Brooklyn) S.4401 sponsor
19. John Sampson, D-NYC (Brooklyn)
20. Eric Adams, D-NYC (Brooklyn) S.4401 sponsor
21. Kevin Parker, D-NYC (Brooklyn) S.4401 sponsor
23. Diane Savino, D-NYC (Staten Island) S.4401 sponsor
25. Dan Squadron, D-NYC (Brooklyn) S.4401 sponsor
26. Liz Krueger, D-NYC (New York) S.4401 sponsor
28. Jose M. Serrano, D-NYC (Spanish Harlem) S.4401 sponsor
29. Thomas Duane, D-NYC (New York) S.4401 sponsor
30. Bill Perkins, D-NYC (Harlem) S.4401 sponsor
31. Eric Schneiderman, D-NYC (Washington Heights) S.4401 sponsor
33. Pedro Espada, D-NYC (Bedford Park) S.4401 sponsor
34. Jeffrey Klein, D-NYC (Throgs Neck) S.4401 sponsor
35. Andrea Stewart-Cousins, D-Westchester (Yonkers) S.4401 sponsor
36. Ruth Hassell-Thompson, D-Bronx/Westchester (Williamsbridge)
37. Suzi Oppenheimer, D-Westchester (Mamaroneck) S.4401 sponsor
46. Neil Breslin, D-Upstate (Albany) S.4401 sponsor
49. David Valesky, D-Upstate (Syracuse/Onondaga/Madison Counties)
60. Antoine Thompson, D-Upstate (Buffalo) S.4401 sponsor

(38 Votes)
1. Kenneth LaValle, R-Long Island (Port Jefferson)
2. John J. Flanagan, R-Long Island (East Northport)
4. Owen H. Johnson, R-Long Island (West Babylon)
5. Carl Marcellino, R-Long Island (Syosset)
6. Kemp Hannon, R-Long Island (Garden City)
8. Charles Fuschillo, R-Long Island (Merrick)
9. Dean Skelos, R-Long Island (Rockville Centre)
10. Shirley Huntley, D-NYC (Jamaica)
11. Frank Padavan, R-NYC (Bellerose)
12. George Onorato, D-NYC (Astoria)
13. Hiram Monserrate, D-NYC (Jackson Heights)
15. Joseph Addabbo, Jr., D-NYC (Ozone Park)
22. Martin Golden, R-NYC (Bay Ridge)
24. Andrew Lanza, R-NYC (Staten Island)
27. Carl Kruger, D-NYC (Brooklyn)
32. Rubén Díaz, D-NYC (Soundview)
38. Thomas Morahan, R-Rockland/Orange (Clarkstown)
39. Bill Larkin, R-Westchester (New Windsor)
40. Vincent Leibell, R-Westchester (Patterson)
41. Stephen Saland, R-Westchester (Poughkeepsie)
42. John Bonacic, R-Delaware/Sullivan/Orange/Ulster Counties
43. Roy McDonald, R-Upstate (Wilton)
44. Hugh Farley, R-Upstate (Schenectady)
45. Betty Little, R-Upstate (Queensbury)
47. Joseph Griffo, R-Upstate (Rome)
48. Darrel Aubertine, D-Upstate (Cape Vincent)
50. John DeFrancisco, R-Upstate (Syracuse/Onondaga Counties)
51. James Seward, R-Upstate (Milford)
52. Thomas W. Libous, R-Upstate (Binghamton)
53. George H. Winner, Jr., R-Upstate (Elmira)
54. Michael Nozzolio, R-Upstate (Fayette)
55. James Alesi, R-Upstate (East Rochester)
56. Joseph Robach, R-Upstate (Greece)
57. Catharine Young, R-Upstate (Olean)
58. William Stachowski, D-Upstate (Hamburg)
59. Dale Volker, R-Upstate (Depew)
61. Michael Ranzenhofer, R-Upstate (Clarence)
62. George Maziarz, R-Upstate (Newfane)

Marriage Equality Being Debated RIGHT NOW

vote count being updated LIVE below the live feed:

ALSO – KEEP UP THE PRESSURE @
http://www.newyorkequality.com/

YES: 18
NO: 1
(32 votes needed)

SEN DIAZ: NO
SEN SCHNEIDERMAN: YES
SEN ADAMS: YES
SEN KLEIN: YES
SEN VALESKY: YES (was an unknown)
SEN PARKER: YES
SEN ESPADA: YES
SEN SAVINO: YES
SEN KRUEGER: YES
SEN SQUADRON: YES
SEN MONTGOMERY: YES
SEN SERRANO: YES
SEN HASSELL-THOMPSON: YES (was an unknown, and wow.)
SEN JOHNSON: YES
SEN PERKINS: YES
SEN OPPENHEIMER: YES
SEN STAVISKY: YES
SEN SMITH: YES
SEN DUANE: YES

Getting Democracy Back in NY State, Step 1: Campaign Finance Law Reform

Earlier this year, I had an interview with a mayoral campaign, and I asked the Deputy Campaign Director why he worked on campaigns. His answer still rings true for me: “Because getting the right people elected is the single most important decision we can make it in a democratic system.”

And how can we get the right people elected? Well, making it so they’re not lap dogs to only the rich and powerful could be a start. A Times editorial, written with the help with the independent watchdog group NYPIRG, lays out the sordid details of just how lax campaign finance laws are in the state of New York. Here in the city, the laws are much more strict; but Albany is still ruled by the iron law of cash.

Here’re the (frightening) numbers:

The average national limit for contributions in governor’s races is around $7,500 per election. In New York, the limit, if you can call it that, is $55,900 per person, more than the average New Yorker’s salary. The limits are high for other races as well — $15,000 per donor for a Senate race and $7,600 for an Assembly candidate.

Donations from individuals to political parties are limited to $94,300 per year, but there are no limits at all for contributions to something called party housekeeping, or party building.

New York law requires politicians to use campaign funds for campaigns. But most incumbents do not have to spend a lot since, thanks to gerrymandering, service in New York’s Legislature is almost a lifetime sinecure.

Making democracy work better for average New Yorkers, instead of special interests and folks who have the hundreds of thousands of dollars to give away, has to start with with reforming campaign finance law. The Times suggests:

¶Bring campaign contribution limits in line with those in most other states. That means no person or corporation could give more than a few thousand dollars to any one candidate.

¶Require politicians to fully and more precisely identify donors, including “bundlers” who give huge amounts by organizing groups of individual donors.

¶Get rid of the “housekeeping” accounts, which just give the rich even more political advantage.

¶No more slush funds. Politicians should spend campaign contributions only on offices, mailings, signs, ads — the real stuff of elections.

¶Create a workable enforcement unit at the Board of Elections and give it the authority to levy fines that bite. Refer the worst cases for prosecution.

The good news is that Senators Schneiderman and Squadron in the NY State Senate have introduced ethics legislation to bring about some of these changes. You can find out more about the legislation and give your own State Senator a ring to support the legislation at just about the only thing that works in Albany: the NYSenate.gov website.

Agree or Disagree? Albany Is Like Iran or Bosnia

Gov Paterson on the Senate’s refusal to deliver a joint emergency budget message to the Legislature:

“Now if this was Bosnia or in the middle of Tehran, maybe I would understand why this is happening, but this is New York State and the United States of America.”

Personally, I think the statement’s unfair to the Iranians or Bosnians. Thoughts?

Remember NY4ME? Summer’s Over, It’s Time To Take Action

A vote on marriage equality in the NY State Senate could come up as early as this week. Write a letter or call your State Senator to support marriage equality in NY now:

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