Governor Paterson Asserts Constitutional Authority to Convene Special Session

ALBANY, NY (07/21/2010)(readMedia)-- Governor David A. Paterson today revoked the proclamations for extraordinary session he issued on January 17, 2010 and June 26, 2010. This revocation lays to rest spurious claims by both the Assembly and Senate that any prior extraordinary session convened by gubernatorial proclamation remains in progress. Governor Paterson stands ready to convene a new extraordinary session of the Legislature pursuant to his authority under Article IV, Section 3 of the Constitution should he deem such an action necessary in the coming weeks.

"It is clear to me that this Legislature would rather play parliamentary games than finish a budget that is fifteen weeks late due to their inaction. I cannot and will not allow politics to triumph over leadership in the most critical of times for our State," Governor Paterson said. "This is a silly charade, and the idea that the Legislature has been in extraordinary session for the last 185 days – ostensibly to discuss 'Race to the Top' legislation – is absurd. The Legislature has a duty to finish the budget and address other critical matters before the State, and I will exercise my constitutional authority to bring them all back to Albany, even if it is an election year."

Article IV, Section 3 of the New York State Constitution gives the Governor broad and unambiguous legal authority "to convene the legislature, or the senate only, on extraordinary occasions." This provision has been part of the New York State Constitution since it was first adopted on April 20, 1777. Since that time – more than 230 years and four constitutions later – the provision remains virtually unchanged and imposes no requirement on the Governor to seek legislative permission before convening an extraordinary session.

At an extraordinary session convened by gubernatorial proclamation on June 27, the Legislature claimed that it remained in the extraordinary session convened by the Governor on January 18, 2010 – a session that was called to help the State secure Federal funds for education in the "Race to the Top" competition. After the Legislature failed to act on that legislation in January, funding was awarded only to Tennessee and Delaware in March. The Legislature and Governor arrived at three-way agreement on "Race to the Top" legislation that passed in regular session on May 28.

The Legislature further argues that until such session is adjourned sine die, the Governor cannot convene a new extraordinary session. However, a review of the legislative record makes clear that neither the Senate, nor the Assembly actually has been in the extraordinary session they purport to continue since January. While the Assembly and the Senate claim to have gaveled in on more than 120 separate occasions in the aggregate, neither house ever has once been assembled ready to transact any State business on those occasions. Indeed, during each of the 120 plus extraordinary "session" days:

• almost no legislators were present;

• the Senate and Assembly chambers were virtually empty;

• no quorums ever were established;

• no State business was transacted;

• no "session" lasted much beyond a minute or two in length; and

• no State business has been on the agenda since the Race to the Top legislation passed in regular session on May 28.

"It is plainly obvious from the facts here that these so-called 'sessions' are a charade designed to nullify the Governor's authority under the Constitution. The Legislature wishes to arrogate for itself the right simply to disregard future gubernatorial calls for extraordinary session by deliberately claiming to continue a prior extraordinary session," Peter J. Kiernan, Counsel to the Governor, said. "This contortion of the Governor's long-recognized constitutional authority lacks a basis in law and must be recognized for what it truly is – a political maneuver to frustrate the Governor's efforts in convening the Legislature to address politically unpopular, yet critically important issues of public policy. The Constitution does not permit the Legislature to usurp gubernatorial authority in this manner."

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