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Posted: Sunday, 21 June 2009 9:37PM

Paterson Orders Special New York State Senate Session



ALBANY, N.Y. (AP)  -- Gov. David Paterson on Sunday ordered New York's Senate into special session beginning Tuesday in a bid to end a partisan power struggle that has paralyzed the chamber for two weeks. He said he will compel senators to stay in Albany indefinitely until they act.

"I will convene a special session every day until they do," Paterson said. "That means Saturdays, Sundays, that includes July 4, there will be no excuses and there will be no tolerance to noncompliance with this order."

Asked by a reporter if that included using state troopers to bring senators into the chamber, Paterson said he does not expect any elected official to refuse to attend. He added, however, that he would take action against those who defy the order, but declined to elaborate.

The 2009 regular session ends Monday.

The coalition that voted to seize control of the Senate on June 8 from the Democratic conference said Paterson's call for a special session violates the separation of powers and his proposal to allow a judge to preside over the Senate during the session would be unconstitutional. Paterson has said the senators would have to agree to allow the judge to preside as an objective temporary president.

"By threatening to call a special session each day, the governor is attempting to dictate a solution on a separate branch of government," said Sen. Pedro Espada of the Bronx, the dissident Democrat who was elected Senate president by the Republican-dominated coalition. "Without resolving the legitimacy of the leadership of the Senate, that won't work."

The Democratic conference welcomed Paterson's plan for a special session presided over by Chief Judge Jonathan Lippmann, who oversees the state's judicial system. Democrats won majority control of the Senate in the November election only to face a revolt June 8 by a coalition of 30 Republicans and two dissident Democrats who voted to take majority control.

The Senate hasn't been able to assemble enough of its members to begin action since one of the coalition's Democrats, Sen. Hiram Monserrate, returned to the Democratic conference, leaving the chamber in a 31-31 deadlock.

"To the people of New York, I tell you that this situation will be addressed and we will get the people's business done," Paterson said. "We're not a government of people. We're a government of laws."

Although a governor can compel legislators into special session and set the agenda of bills, lawmakers can't be forced to vote. Paterson said his agenda will include more than a dozen measures to authorize local governments, including New York City, to arrange taxing or borrowing to raise revenue already planned for in their budgets. He also seeks to extend major laws without substantive change including those providing mayoral control of New York City schools and a program that provides lower cost energy to major employers.

A bill held up in the Senate to legalize same-sex marriage won't be on the special session's agenda, but could be added if the Senate acts first on the bills that are Paterson's top priorities and then tries to make up for its two weeks of inaction.

The coalition's leaders said no special session is needed and they plan to continue meeting in the chamber through the week and beyond Monday's scheduled end of the 2009 legislative session. But the Democratic conference has boycotted.

"We will stay in session to get the people's business done and hope that we reach an agreement that will get the members of the Senate Democratic conference to join us," said Republican Sen. Dean Skelos of Nassau County, the coalition's majority leader.

The Democrats, however, won't work under the coalition's leaders and the coalition won't relinquish control.

"We have to put partisanship aside and work together so we can work to serve the people," said Democratic conference spokesman Austin Shafran.


TM & Copyright 2009 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & Copyright 2009 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. TheAssociated Press contributed to this report.
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