Two Proposals, Claims of Progress

By Jimmy Vielkind

July 7, 2009 | 5:18 p.m

ALBANY—After meeting over 30 minutes with David Paterson, leaders of the competing factions in the State Senate leadership battle said they're now hashing out details of two long-term operating agreements.

The big shift here is on the part of the Democrats, who had been looking for a short-term solution to this dispute. Now the conversations are focused on what can work in the long term.

"I just know this is a good step, that we don't have proposals," Senator Jeff Klein, a sometime-leader of the Democratic conference said to reporters.

David Paterson participated in the discussion is and according to Klein is still "digesting" the proposals.

"He's encouraging both sides. He saw the inherent fairness of the letter from us to the members, and he understands that they have to look at it, perhaps tweak it a little bit," Senator Dean Skelos, the Republican leader, said.

Republicans are saying that Thursday is a deadline for action; Democrats acknowledge no such thing.

A key difference is that the Democratic proposal would have a co-president pro tempore, while the Republican proposal would keep that title vested in Senator Pedro Espada Jr. but scatter the duties and powers accorded with it throughout the body. I'm not sure this can be easily resolved, given the strong enmity toward Espada that exists in some corners of the Democratic factions.

UPDATE: It seems that this proposal, drafted by Klein, is not the consensus proposal of the ever-united Democrats. They put out this statement from the two leaders, John Sampson and Malcolm Smith.

"There are a number of public proposals regarding a governing agreement for the Senate which the Democratic Conference will be discussing tomorrow. We are encouraged by the progress that has been made thus far and will continue to bridge the gap on a reasonable solution that will allow the Senate to get back to passing legislation critical to millions of New Yorkers."  

In any case, here is each side's proposal, in full, starting with the Democratic proposal:

*The powers traditionally exercised by the President Pro Tempore of the Senate will be shared jointly by a 2 Conference Presidents who shall also serve as Co-Presidents Pro Tempore. These Co-Presidents Pro Tempore will alternate daily during scheduled session days and weekly during periods when the Senate is not in regular session.  

*Neither Co-President Pro Tempore may cast a "casting vote" on any procedural or legislative matter before the Senate. 

*Each Conference shall also designate a Co-Majority Leader.

* The 2 Conference Presidents shall act jointly to make any appointments of Senate officers, non-partisan employees, and appointments or nominations to state boards and commissions.

*There shall, however, be 2 Co-Secretaries of the Senate appointed by each Conference President with each having veto power over the decisions of the other to jointly execute the powers of that office.

*During days when the legislature is in Regular Session or Extraordinary Session, the acting President Pro Tempore shall designate a Presiding Officer and the opposing Conference President shall designate a Floor Leader.

*Should an Extraordinary Session be called by the Governor, the Conference President acting as President Pro Tempore on the designated day shall designate a Presiding Officer for the first day of that Extraordinary Session.  If the Extraordinary Session lasts for more than a single day, the Presiding Officer shall alternate daily until the conclusion of that Extraordinary Session.  The opposing conference shall designate a Floor Leader, which shall also alternate daily.  

*In the event that the Governor is out-of-state or temporarily unable to perform his duties, the acting Co-President Pro Tempore for that day shall temporarily assume his duties.  In the event of a permanent vacancy in the position of Governor, the acting Co-President Pro Tempore on the day that the vacancy is created shall accede to the position.

*There shall be equal representation of each conference on all Senate Committees, with all committees having a Co-Chair designated by each Conference President.  Co-Chairs shall jointly convene meetings and determine the committee agenda.  The Co-Chairs shall alternate presiding over committee meetings, unless they agree to an alternate arrangement.  Each Co-Chair shall be able to place up to 3 bills on each committee agenda without the consent of the other. 

*3/5 votes of each committee shall be required to report a bill out of committee.

*If a committee declines to act upon a particular bill, the introducer of that bill shall be able to discharge the bill from committee with a 3/5 vote of the entire chamber, and such bill shall be placed on the active list.

*Committee Co-Chairs shall jointly convene Public Hearings, issue Committee Reports and conduct Committee Investigations.  However, each Co-Chair may conduct up to 2 Public Hearings per year and up to 3 Presentations of Bills per year without the consent of his or her fellow Co-Chair.

* The calendar and active list shall be prepared by a committee of six Senators.  The 2 Conference Presidents shall each appoint 3 members to that committee.  At least 4 committee members must vote to place a bill on the active list.  The committee shall also be responsible for designating dual references of bills to the Senate Committees on Codes and Finance subject to guidelines approved jointly by the 2 Conference Presidents.  In the event of a tie vote, only a single joint vote of the 2 Conference Presidents may break the tie.

*Each Conference President is responsible to referring that Conference's bill to the appropriate committee.

*Conference Committees and Joint Budget Hearings shall only be conducted with equal participation by both Conference.

*A Nonpartisan Fiscal Office shall be established to serve each member equally and confidentially.  Each conference shall also have its own Finance Committee Oversight Office to serve its own members.

*In the event of a conflict between the Rules of the Senate and this agreement, this agreement shall prevail.

 *This agreement shall remain in effect until December 31, 2010, unless a special election to fill a vacancy allows either conference to obtain a majority of 32 votes.

Here's the Republican proposal:

 

LEGISLATIVE BUSINESS WILL BE CONDUCTED IN A BIPARTISAN MANNER

 

      The Coalition and Conference will each have a leader who will share a

      Co-Leader role.

      The Temporary President will delegate his authority to preside to the

      Coalition and the Democratic Conference, who will alternate in the

      selection of a Presiding Officer, who will alternate weekly (during

      the first few months of the legislative calendar) or alternate daily

      (in the month of June or beyond the legislative calendar).

      The Floor Leader will be selected by the Conference or Coalition

      which has not selected the Presiding Officer, who will also alternate

      between the Coalition and Conference each week or day, depending on

      the legislative calendar.

      There will now be a Motion for Consideration or a Petition for

      Consideration which will empower rank-and-file lawmakers and allow

      them to bring a bill on the floor to a vote without the consent of

      the Leaders.

      The Active List will be jointly created by a working committee

      composed of an equal membership from the Coalition and the

      Conference, with participation from the Temporary President of the

      Senate.

      A vote to amend a bill on the floor will only require a majority of

      the members present and voting.

      Bills shall always be sponsored by a member-- there will be no Rules

      bills.

      Messages of necessity will not be utilized unless it is an actual

      emergency situation.

      The professional staff of the Senate Finance Committee will be

      preserved to serve all 62 members following the best practices of

      other states and the NCSL model with a Non-Partisan Senate Central

      Finance Office. This office will, like 40 other states, have

      co-managers who will administer the Office for the benefit of all 62

      members of the Senate. The Coalition and Conference would also each

      have a small, partisan staff who could utilize the office's work

      product-- such as revenue projections, analysis of the budget, and

      creation of reports or fiscal studies.

      Legislative Sessions, committee meetings, hearings and other

      legislative business will begin airing on a C-Span- like channel

      called NYSPAN pursuant to a plan adopted by the Senate.

 

FAIRNESS AND EQUALITY FOR INDIVIDUAL MEMBERS

 

      The Senate will be administered in a fair, equitable and non-partisan

      manner. There will be two Co-Secretaries of the Senate who will

      ensure that all Departments are adhering to this established creed.

      All members will now receive equal access to the resources of the

      Senate for printing, mailing, and other services provided by the

      Senate's central administrative departments.

      The positions necessary for the central, administrative functions of

      the Senate will not be charged against either the Conference or

      Coalition.

      The Coalition or Conference shall have the authority to approve its

      own expenses and shall be its own appointing authority for its own

      employees.

      The amount allocated for the Central Staff of both the Coalition and

      Conference will be equal. Central staff will include the Counsel and

      Program staff, the Communications Staff, and other staff needs as

      determined by either the Coalition or Conference. The amount likewise

      allocated for additional staff for Committee and Leadership positions

      will be equal for both the Coalition and Conference.

      Committees will operate in a more democratic manner- Committee

      co-chairs will be created to jointly administer the Committee

      functions, and there will be equal committee membership between

      Conference and Coalition. The Co-Chairs will jointly agree on a

      Committee agenda. In an instance of a Chair and Ranker, the Rankers

      will have a formal role in the development of a committee agenda.

 

EMPOWERING MEMBERS, DILUTING POWER OF LEADERS

 

      The Senate will adopt the Congressional model to establish a

      realistic and workable base allocation for each member, to adequately

      staff their individual offices. This figure may be augmented by a set

      amount for additional staff necessary to accommodate a Chair or

      Leadership position, not dependent on which member holds the

      position. The current staff that individual members rely on to serve

      the needs of their constituents  and implement their legislative

      agenda will be preserved.

      The Agreement will preserve resources for the benefit of all 62

      members of the Senate, rather than simply the few, favored members.

      The Motion for Consideration and Petition for Consideration will

      empower rank-and-file lawmakers by opening up the active list without

      the consent of the Leadership.

      The Active List will no longer be created by one leader, but rather a

      working committee composed of equal membership from both the

      Coalition and the Conference.

      Each member will be able to fulfill commitments made to his or her

      constituents for community projects.

      Each member will be allocated an amount for a district office and/or

      satellite offices pursuant to a geographic formula, which will

      accommodate cost, size, or other geographic limitations which

      necessitate a satellite office.

      There will be term limits for leadership positions and Committee

      Chairs.

 

LONG-TERM, BIPARTISAN PLAN

 

      The agreement will be in effect through December 31, 2010.

      The agreement will be adopted by the Senate as a whole by Resolution,

      and may not be altered during the legislative term except by the vote

      of  3/5 of the members elected to the Senate.

      The agreement will, however, allow for only a proportional change in

      the distribution of resources if the make-up of either the Conference

      or Coalition changes.