Assembly fails to override vetoes

[Families Together in NYS]

Silver fails to rally an override
Albany -- Assembly falls one vote short in bid against Pataki's budget
vetoes; speaker accuses governor of inducing some members to skip session

By JAMES M. ODATO, Capitol bureau
First published: Tuesday, September 21, 2004
In a surprising setback for Speaker Sheldon Silver, the Democrat-led
Assembly failed on Monday to override Gov. George Pataki's vetoes of the
Legislature's budget.

Clearly angry, Silver charged that Pataki had twisted arms of key Assembly
members to foil the override. He said Pataki had won just one round in a
continuing fight and that the Democratic majority will ultimately prevail.

Pataki called Assembly members to "encourage them to be AWOL," Silver said.
He accused the Republican governor of threatening GOP members with political
retribution and of bribing Democrats with sweeteners if they joined the
minority to block an override.

Indeed, Assembly Democrats Steve Kaufman and Carmen Arroyo of the Bronx and
Ronald Tocci of New Rochelle never even made it to Albany, despite Silver's
expectations. Silver said he was told Arroyo was in Florida and the others
may have reported being ill.

And John Cahill, Pataki's top aide, met behind closed doors with Assembly
Republicans several times during multiple private conferences on both sides
of the aisle.

Before Silver called the Assembly back after a month away, he had been
assured by enough of his 102-member conference that he had at least the 100
votes needed for an override, which requires the votes of two-thirds of the
150 Assembly members.

With Arroyo, Kaufman and Tocci missing, Silver was one vote shy.

Assemblyman Joel Miller, R-Poughkeepsie, also had said Monday morning that
he would break with his own conference to vote with Silver because he wanted
hundreds of millions of dollars more for higher education, funds to keep
Mount McGregor prison open and more spending on libraries.

But Miller said he was summoned to Pataki's office in the afternoon and was
persuaded to see things the governor's way. He said Pataki's aides told him
that his needs will be met through a three-way agreement between the Senate,
Assembly and governor, and that Senate Republicans did not want the Assembly
to leave the issue hanging over their heads during this election season.

Senate Majority Leader Joseph Bruno's office did not respond to inquiries,
but Bruno has said he will call his members back to session after the Nov. 2
election.
"This is the process of politics," Miller said. "This isn't the best
picture. It's the making of sausage. ... This is the part you don't want the
public to see."

The Assembly planned to override about 100 of Pataki's 195 vetoes, or all of
the items that the Assembly passed before the Senate in August. A few
attempts to override specific measures Monday failed along partisan lines.
That allowed Democrats to put Republicans on record voting against bringing
back money for social service programs, libraries and community colleges,
and perhaps using the votes against the GOP in the upcoming elections, some
majority members said. Pataki's aides acknowledged that the governor had
used some leverage.

"As he always does, the governor urged the members of the Assembly to vote
based on principle," said Kevin Quinn, Pataki's spokesman.

After the Assembly broke at 9 p.m., Assembly Minority Leader Charles Nesbitt
said his members chose to stick together to thwart the overrides in hopes of
getting Silver to agree to cost-saving reforms, such as an overhaul of the
Medicaid program. "Nobody wants to withdraw money from libraries. But we
need to work that out within the framework of a balanced budget," Nesbitt
said.

Silver's list of override targets included measures appropriating tens of
millions of dollars for library funding and extra cash for school districts
and governments, such as $1 million for Schenectady schools and $100,000 for
the city of Saratoga Springs, and more than $5.5 million for community
colleges.

He said he is committed to overcoming Pataki's $235 million in vetoes,
leaving a $101.3 billion budget for this year. The speaker also wants to
restore $1.6 billion in vetoed borrowing, largely for upgrades and
construction at colleges.

The Assembly did repeal a law that authorized the state to collect speeding
ticket revenues now kept by towns.

Pataki said the reversal, which will short the state $22 million, is one of
a host of bad decisions made by the Assembly on Monday. As he blasted Silver
for proposing to add to state debt and to harm state finances, he criticized
the Assembly for not taking up other important legislation, such as fixing
the death penalty law and other tough-on-crime measures.

"The revenue isn't there, the money isn't there," said Pataki, envisioning
massive shortfalls if the Legislature's budget were to stand. "Somebody's
got to be an adult here."

Silver responded that Pataki is the party exhibiting juvenile behavior. He
said that if the governor had worked as hard on the budget as he has in
raising money for President Bush's re-election, state finances would be in
better shape.

"This is all about politics," Silver said.

Assemblyman Jose Rivera, Bronx Democratic chairman, said Kaufman and Arroyo
displayed a lack of responsibility by failing to show up for work Monday. He
said Kaufman had told him he would be there to join in the override.

"I feel embarrassed by this," he said. "Two members of the Bronx delegation
are missing in action. Send them to Iraq!"

The three seemed easy targets for Pataki, members said. Kaufman had broken
with Democrats to make an unsuccessful Senate primary bid as a Republican
this month. Arroyo had joined Democrats for Pataki in 2000. And Tocci has
shown a willingness to go against Silver in the past. A lame duck, he will
retire from the Assembly at year's end.

Asked if Silver has egg on his face, Assemblyman Richard Brodsky,
D-Westchester responded: "This is absolutely no criticism of his management.
The governor reached out and played political hardball."

But he added that "it's an inning in a game that has nine innings." 

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