Jul 7, 2009 6:00 am US/Eastern
Cuomo Against Idea Of Lt. Gov. Overseeing Senate
If Paterson Was To Appoint A New No. 2, Good Government Groups Say AG's Fears Likely Rest With Possible Choice
ALBANY (CBS) ―
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New York Attorney General Andrew Cuomo is very much against the idea of Gov. David Paterson appointing a new lieutenant governor to oversee the Senate.
AP
The Albany circus entered its fifth week Monday with no end in sight. But there is a new proposal to end the logjam.
The proposal to end the stalemate seems simple on its face: have Gov. David Paterson appoint a new lieutenant governor who would then be the presiding officer of the Senate and be able to break the 31-31 split that has paralyzed government for a month.
"It would resolve the issue of who presides over the Senate and the lieutenant governor gets to break ties in certain circumstances, so it could just eliminate the gridlock entirely," said Assemblyman Michael Gianaris, D-Queen.
The proposal by Gianaris and a number of good government groups came after a careful study of legal precedents. And sources say Paterson is considering this new interpretation of the constitution.
"We have, you know, looked at these options ourselves going back weeks, and we appreciate their interest," Paterson told WCBS radio.
Of course in typical Albany fashion there had to be a naysayer. Attorney General Andrew Cuomo put out a statement saying, in his view, "it is not constitutional" for Paterson to pick someone to fill out the unexpired term of the lieutenant governor.
But Albany sources pooh-pooh that interpretation, saying Cuomo is just afraid the governor will install potential Cuomo rival Tom Suozzi, the Nassau County executive, in the lieutenant governor's seat.
Besides, proponents of the idea said there are legal precedents.
"It seems to me that the public officers' law says that anytime there is a vacancy in an elected office the governor shall appoint a person to fill it until the next election," Gianaris said.
So, it's another day of inactivity in the Senate, but the day of reckoning may be coming. The comptroller says he's not going to pay them on Wednesday.
The bi-weekly payroll for senators is about $190,000. On Wednesday each of the 62 members will be docked abut $3,000.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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