Senate Chaos Yields Possible Change: Analysis

The revolt in New York's Senate that happened lightning fast two weeks ago only to drag through the end of the session has been called a circus and an embarrassment with comparisons to banana republics that was offensive even to bananas. One New York tabloid even sent in a clown, then gave her a byline.
    
But it's possible something noble will come from all this finger-poking and chest thumping of the still unresolved power play. It's not making many headlines, but the June 8 power grab by the Republican-dominated coalition resulted in significant reforms to open up government and give all senators -- regardless of party -- more authority to serve constituents.
    
The coalition adopted the first term limits on powerful legislative leaders -- six years -- which would immediately reduce the power of the jobs and empower the rank and file. The rules would distribute resources and staff more evenly to minority and majority senators, reveal their voting records on the Internet, and make dozens of other improvements.
    
Although the Democratic conference doesn't recognize the changes, they have since proposed some Albany-shaking reforms of their own. They propose rotating daily the top two jobs -- Senate president and majority leader -- and using a bipartisan group to set the agenda until the leadership challenge is settled.
    
They might seem like small steps outside Albany, but they would deliver reform after years of promises. And with years of slim majorities ahead, perhaps even seesawing majority power, both sides have finally put their promises to paper. That makes it harder to step away from and easier for voters to hold them accountable.
    
As for Gov. David Paterson, he is seen by pols and pundits as ineffective in trying to resolve the power struggle, a view that could be the final blow in 2010 campaign.
    
But Paterson's little-noted reasoning is worth considering: While each side accuses the other of twisting, breaking or ignoring the law to gain power, Paterson refuses to trample the law.
    
While saying he's outraged at the behavior in the Senate, he said he won't try to use executive branch power to force action in the legislative branch, even though just such a strategy might boost his dismal poll ratings. Instead, he coaxes and prods them to talk to each other, and is threatening a special session while they're on summer vacation.
    
In this approach, Paterson has an kindred spirit: State Supreme Court Thomas McNamara avoided such inter-branch involvement and said the Senate itself must solve their leadership fight.
    
McNamara noted senators should fear the wrath of voters if they continue to spend their time calling each other names instead of voting on bills.
    
"The court is aware that the inability of the Senate to resolve these issues has had, and may well continue to have, a profound affect on the ability of government to address many issues which are of vital importance to the citizens of the state,'' McNamara ruled Tuesday. "The practical effect of having a court decide this issue would be that its decision, if only by perception, would have an influence on the internal workings of the Senate including the setting of the Senate agenda. To have a court do so would be improper.''
    
Political scientist Gerald Benjamin said the coalition's reforms voted into the Senate rules are important.
    
"I think they will stick, or many will stick,'' said Benjamin of the State University of New York at New Paltz. "The question is, `Will their effect be real?' I am an optimist.''
    
He said the temporary power-sharing proposal by the Democratic conference appears to mirror how other states have successfully handled splits in power.
    
Benjamin said the court hit the mark best by refusing to settle a legislative fight. But he also sees merit in Paterson's position, which has drawn ridicule.
    
"It's honorable,'' Benjamin said of the governor's refusal to try to fashion a solution, as Gov. Nelson Rockefeller did with a split Senate in 1965. "My academic self respects it and I suppose if he does that and keeps holding them to special sessions, I would be even more supportive of that position.''