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Albany, NY - Paterson to Name Ex-M.T.A. Chief as Lieutenant Governor

Published on:   Jul 08, 2009 at 03:24 PM
News Source:  NY Times
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Richard Ravitch (Photo credit Don Hogan Charles/The New York Times)
Richard Ravitch (Photo credit Don Hogan Charles/The New York Times)
Albany, NY - Gov. David A. Paterson will name Richard Ravitch, a former chairman of the Metropolitan Transportation Authority, as lieutenant governor in a televised speech he has scheduled for late Wednesday afternoon, according to an administration official.

The office of lieutenant governor has been vacant since Eliot Spitzer resigned in March 2008. The lack of a lieutenant governor — who casts tie-breaking votes in the Senate — has become a particularly pressing issue amid a nearly five-week old stalemate in the State Senate that has halted business in the chamber. The Senate has been deadlocked since Pedro Espada Jr., a Bronx Democrat, sided with the Senate’s 30 Republicans, dividing the 62-member chamber.

Mr. Ravitch, who is Jewish is a 76-year-old lawyer, is a veteran public servant, having been chairman of the state’s Urban Development Corporation under Gov. Hugh L. Carey in the 1970s before leading an overhaul of mass transit financing during his tenure as M.T.A. chairman, from 1979 to 1983. He has never held elected office, though he unsuccessfully sought the Democratic nomination for mayor in 1989.

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But the governor’s move is sure to be highly debated. Attorney General Andrew M. Cuomo, the state’s top legal officer, said this week that such a step would be unconstitutional and would entangle “the governor in a political ploy that would wind through the courts for many months.”

There is no provision in the New York State Constitution that provides for filling the office in the event of a vacancy, though some in Albany have pushed a legal theory that state law would allow the governor to name someone to the post.

The combination of an empty lieutenant governor’s office and a dispute in the Senate over which party is legitimately in control has created confusion about the line of succession to the governor. The Senate president is next in line to succeed the governor after the lieutenant governor. But Democrats and Republicans are both laying claim to the position.

Even the governor himself, who has not traveled out of state since the dispute began on June 8 to avoid any confusion about who is running the government, has said that he was unaware who would succeed him if he became incapacitated or unable to govern.

But whether Mr. Paterson can legally appoint a lieutenant governor has been a matter of some debate. One school of thought, which has been advanced in recent days by Democrats and government watchdog groups, is that a provision of state law allows the governor to fill elected offices for which there is no provision explicitly spelling out how the vacancy should be handled.

The governor’s office issued a vague statement on the question on Monday, after Assemblyman Michael N. Gianaris of Queens joined Citizens Union and Common Cause New York, two government watchdog groups, in calling on Mr. Paterson to make the appointment. Mr. Paterson’s office responded that it was reviewing the issue.

But an appointment would almost certainly face a legal challenge from Republicans, who have rejected the validity of such a move. Whomever Mr. Paterson appoints would probably be seen by Republicans as sympathetic to Democratic policy and ideology. And Republicans have been fighting to regain the Senate majority they lost in November, when Democrats picked up two seats in the election to capture control of the chamber by one vote.

Reaction to the possibility Mr. Paterson could appoint a lieutenant governor was mixed on Wednesday.

“It would guarantee a line of succession should something happen to the governor, and it would give the Senate a presiding officer to help get it out of the quagmire it’s been in for the last month,” Mr. Gianaris said.

But State Senator Diane J. Savino, a Democrat from Staten Island, said a lieutenant governor could only resolve part of the gridlock the Senate is now trying to overcome.

“It won’t change the fact that we won’t have a quorum to do business, and we’ll still be split in half on everything,” she said.


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Read Comments (7)  —  Post Yours »

1

 Jul 08, 2009 at 04:14 PM Anonymous Says:

oy, forget lt. governer - bring this guy back to the mta so he can fix up the mess these current mta clowns have made with subway fares...

2

 Jul 08, 2009 at 04:47 PM Anonymous Says:

Reply to #1  
Anonymous Says:

oy, forget lt. governer - bring this guy back to the mta so he can fix up the mess these current mta clowns have made with subway fares...

Read the facts sor. he hasnt been part of the MTA for twenty years!

3

 Jul 08, 2009 at 06:55 PM LESKid Says:

An empty suit. He's Jewish which means troubles for our institutions.

4

 Jul 08, 2009 at 06:54 PM Chanina says Says:

He is a Gem- Fixed up the NYC-MTA Should have moved up the ranks , except he was distraught that he lossed a mayoral bid; BTW Day 1 on the recent increase on the mta; Trains where'nt functional

5

 Jul 08, 2009 at 09:54 PM # 2 Says:

But tHats his claim to fame; Fixing up the MTA

6

 Jul 08, 2009 at 09:47 PM Clue Says:

Duties and compensation of lieutenant-governor; succession to the governorship]

§6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. The lieutenant-governor shall be the president of the senate but shall have only a casting vote therein. The lieutenant- governor shall receive for his or her services an annual salary to be fixed by joint resolution of the senate and assembly.

In case of vacancy in the offices of both governor and lieutenant- governor, a governor and lieutenant-governor shall be elected for the remainder of the term at the next general election happening not less than three months after both offices shall have become vacant. No election of a lieutenant-governor shall be had in any event except at the time of electing a governor.

In case of vacancy in the offices of both governor and lieutenant- governor or if both of them shall be impeached, absent from the state or otherwise unable to discharge the powers and duties of the office of governor, the temporary president of the senate shall act as governor until the inability shall cease or until a governor shall be elected.

In case of vacancy in the office of lieutenant-governor alone, or if the lieutenant-governor shall be impeached, absent from the state or otherwise unable to discharge the duties of office, the temporary president of the senate shall perform all the duties of lieutenant- governor during such vacancy or inability.

If, when the duty of acting as governor devolves upon the temporary president of the senate, there be a vacancy in such office or the temporary president of the senate shall be absent from the state or otherwise unable to discharge the duties of governor, the speaker of the assembly shall act as governor during such vacancy or inability.

The legislature may provide for the devolution of the duty of acting as governor in any case not provided for in this article. (Formerly §§7 and 8. Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 6, 1945; November 3, 1953; November 5, 1963; November 6, 2001.)

The above is from the NYS constitution. You do not have to be a constitutional expert to determine that Patterson can not legally appoint a lieutenant governor. Patterson is acting as a dictator and his actions warrant his impeachment.

7

 Jul 10, 2009 at 05:50 PM Milhouse Says:

Can someone explain what authority Patterson is even claiming to do this? Or does he admit he's just making it up on the spot?

8

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