By Jeremy Walsh
After a month of Senate gridlock brought the legislative process to a grinding halt, Gov. David Paterson appointed former MTA Chairman Richard Ravitch as lieutenant governor Wednesday night in an attempt to provide a tie-breaking Senate vote and a clear successor to Paterson.
“This is the right thing to do, I have no doubt about that,” Paterson said even as he admitted the move could be challenged in court. “We cannot allow for any further exposure to uncertainty and risk at a time of unparalleled fiscal difficulty.”
Crucial legislation addressing mayoral control of city schools, extending unemployment benefits and approving municipal sales tax languished in the Senate after a June 8 coup led by Republican senators and state Sens. Pedro Espada (D-Bronx) and Hiram Monserrate (D-East Elmhurst) appeared to oust the Democrats from majority leadership. The Democrats wooed Monserrate back to the fold, however, leaving the Senate split evenly 31-31.
In cases of tie votes, the lieutenant governor casts the deciding vote. However, no new lieutenant governor was selected when Paterson moved to the governor spot after Eliot Spitzer resigned in 2008 because the state constitution did not clearly provide for such a scenario. Without a lieutenant governor, Espada, who was named president pro tem of the Senate during the Republican-run session June 8, could be considered next in line for Paterson’s seat.
Paterson said he made the appointment based on advice from several constitutional attorneys, but anticipated the court battle to come. He made it clear the 76-year-old Ravitch would serve in the position only until the 2010 election.
Ravitch, who has been an advocate for and builder of affordable housing in New York City,was chairman of the MTA from 1979 through 1983.,He ran an unsuccessful campaign for mayor and lost to David Dinkins in the Democratic primary in 1989.
In 2008, Paterson appointed Ravitch to head a commission to come up with ways to provide revenue for the financially strapped MTA to head off steep fare increases and cutbacks in subway as well as bus service.
“Though I seek closure to this crisis, I am aware that I am not the final arbiter of legal issues,”Paterson said. “Should there be any legal action, I just ask that it be done expeditiously.”
It appeared the challenges would not come from Senate Democrats, who praised the appointment of Ravitch, a longtime Democrat.
“Extraordinary times call for extraordinary action,” Senate Majority Leader Malcolm Smith (D-St. Albans) said in a statement. “We applaud and congratulate Gov. Paterson’s bold decision. … Today the constitutional issue of succession to the office of governor has been settled, removing a major stumbling block to our negotiations.”
But Senate Republicans appeared unwilling to accept Ravitch as Paterson’s new protege. In a televisied message, Sen. Dean Skelos (R-Rockville Centre) attempted to recast the situation as the inevitable consequence of Democratic spending habits.
“Attorney General Andrew Cuomo has already said it’s unconstitutional … and I agree,” Skelos said of Ravitch’s appointment before accusing Paterson and his fellow Democrats of raising taxes and spending in a financial crisis.
“They went behind closed doors and delivered the worst budget in state history,” he said, noting the two warring Senate factions were “on the verge of a long-term bipartisan agreement that will change the way the senate operates, hopefully forever.”
Reach reporter Jeremy Walsh by e-mail at jewalsh@cnglocal.com or by phone at 718-229-0300, Ext. 154.
