Lame Duck Session Likely to Confront a Rasher of Deals
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
Secret negotiations are under way between Governor Pataki and state lawmakers to hash out a last-minute deal that would give legislators a pay raise and would give the governor last-minute policy and development victories that could give him a boost at a moment when he is weighing a presidential run, several sources told The New York Sun.
Mr. Pataki and lawmakers have agreed to convene a special session in mid-December, ostensibly to hammer out an agreement on a civil confinement bill for sexual predators. Sources say talks between the governor and legislative leaders in the lead-up to the session have already extended far beyond that issue, and involve pay raises, an expansion of charter schools, judicial appointments, an appointment to the board of the City University of New York, and possibly an agreement on a plan to build Moynihan Station.
“They’re dealing. How close or far apart I don’t know, but they’re dealing,” said a source familiar with the legislative negotiations.
Fueling the talks is an unusual confluence of interests among the political players, sources say. While Mr. Pataki has indicated that he is adamantly opposed to awarding lawmakers with a salary increase, his power to grant a pay raise is a valuable piece of leverage for a lame duck governor with presidential ambitions who is fighting to remain relevant in his last days of office.
Mr. Pataki has said he would decide whether to run for president before the end of the year. For Mr. Pataki, the headlines generated by high-profile victories on key issues could outweigh the negative attention that a pay raise would draw. “The governor is looking to go out with some big accomplishments,” said another source knowledgeable about the talks.
Mr. Pataki is dangling a pay raise over lawmakers in the hopes of scoring last-minute triumphs on his pet issues. As a starting point in negotiations, the governor is demanding that lawmakers approve an expansion of charter schools beyond the legal limit of 100. This year, the governor’s budget proposal to add 150 more charter schools was opposed by the state’s teachers unions and rejected by lawmakers.
In 1998, Mr. Pataki agreed to give lawmakers a 38% pay raise after they authorized the creation of 100 charter schools, which are publicly financed, generally not unionized, and independent of local board regulations. This time around, the Pataki administration has indicated that a charter school bill is not enough to earn lawmakers a pay raise. An administration source said the governor is aiming to leave office with an agreement to build Moynihan Station, a proposed transit hub across from Penn Station in the location of the Farley Post Office. In October, the Democratic speaker of the Assembly, Sheldon Silver, using his power as a member of the Public Authorities Control Board, blocked the governor’s $900 million plan to build the station. The project could be approved when the board meets in December, the source said.
Mr. Silver also has an incentive to negotiate. Lawmakers are hungry for their first pay raise in eight years. If Mr. Pataki doesn’t approve a raise before he leaves office, lawmakers won’t be eligible for one until January 2009. The 212 legislators make a base salary of $79,500 a year for what is defined as part-time work. Many earn thousands of dollars more for leadership roles. Putting additional pressure on Mr. Silver to deliver a pay raise, the City Council earlier this month voted themselves a 25% pay raise, which brought their base salaries to $112,500.
Sources say Governor-elect Spitzer is encouraging Mr. Silver to negotiate. By approving a pay raise, Mr. Pataki would also be doing a favor for Mr. Spitzer, who ran a campaign pledging to clean up state government and has said he is opposed to giving lawmakers a salary hike. If Mr. Pataki does not act, Mr. Spitzer would be under pressure to grant lawmakers a raise in two years, a move that could taint his image as government reformer. Mr. Spitzer could also be well served by having the charter school debate settled before he takes office, obviating the need to take a position on a controversial educational issue.
The CUNY board appointment is that of Jeffrey Wiesenfeld, whose reappointment Governor Pataki submitted too late for Senate approval in the regular session.