Revolt Against Silver is Gaining Momentum in Albany’s Hallways

ALBANY – Efforts to shake up the notoriously gridlocked state Legislature are gaining momentum in the Assembly, where 18 majority Democrats are calling for an overhaul of the house rules.The proposed changes, to be formally released at the Capitol today, would loosen the tight control of the Assembly speaker, Sheldon Silver of Manhattan, and give rank-and-file members more autonomy and more opportunity to influence legislation.The lead sponsors, Scott Stringer of Manhattan and Sam Hoyt of Buffalo, based their proposals on recommendations from New York University’s Brennan Center for Justice, which published a study this summer identifying New York’s Legislature as the most dysfunctional in America.The package suggests that members of the Legislature – all 212 of whom are up for election in November – are feeling the pressure to change the way they do business.“Rules changes have been thwarted for close to a century,” Mr. Stringer said. “The difference between then and now is that there seems to be a perfect storm for reform in New York State – from editorial boards, to average voters, to individual lawmakers. … There’s a recognition from all of us we can make Albany better, but you’ve got to change the rules.”The specifics of the reform proposals might seem subtle and arcane to outsiders. But supporters say they have the potential to make the legislative process in the Assembly more open and democratic. Minority parties in both the Assembly and Senate have offered similar proposals in the past, only to have them voted down in party-line votes.The proposed changes include:Making it easier for the legislators to force votes on the bills they sponsor, both in committee and on the house floor. Requiring members to be physically present for votes, rather than automatically being recorded as voting “yes” when they leave the chamber. Requiring a two-thirds majority to accept “messages of necessity” from the governor, which cut short the usual three-day waiting period before new bills can receive final passage. Giving each member a minimum allowance for staff and office expenses. Allowing committee chairmen to hire their own staff. Making attendance at committee meetings mandatory. Requiring that all bills go through a standing committee other than the Rules Committee, which is chaired by the speaker.The Assembly could make all of these changes on its own when it adopts its rules for the next two-year session in January.A separate resolution requiring the approval of the entire Legislature calls for the automatic use of conference committees made up of members of both houses to negotiate compromises when the Assembly and Senate approve competing versions of the budget or other legislation.A political scientist at the State University of New York at New Paltz, Gerald Benjamin, called the proposals “very important.”“The fundamental point is that the Legislature is not a deliberative body and it’s structured so as to diminish participation,” Mr. Benjamin said. “And this is exactly contrary to why we have legislatures.”Among the groups supporting the proposals are the Brennan Center, the Citizens Budget Commission, the New York Public Interest Research Group, and various upstate business organizations.Others are reacting with more skepticism, saying tinkering with procedural rules will not necessarily produce speedier or higher-quality solutions to the problems facing the state. “I understand the frustration with how long things take in Albany,” said a political scientist at Syracuse University, Jeffrey Stonecash. “But every critic of the Legislature never acknowledges that there is enormous diversity in this state, and it’s very hard to reach agreement about things.”Mr. Stonecash said some members of the Legislature genuinely want to change the system, while others are portraying themselves as reformers to avoid being voted out of office.“Democracy’s a wonderful thing to watch,” he said. “We are now five weeks away from a general election. If there was ever a time to make a lot of noise about this, it’s now.”A fiscal analyst with the Manhattan Institute, E.J. McMahon, said he was disappointed that some of the Brennan recommendations were part of the resolution, including one allowing each member of the Assembly to introduce no more than 20 bills a session.“At most it may be the beginning of a break in the facade,” said Mr. McMahon, a former member of the Assembly Republican staff. “But I would be hesitant to call it a breakthrough.”When the Brennan Center first issued its report in July, both the speaker of the Assembly, Mr. Silver, and the Republican majority leader of the Senate, Joseph Bruno of Rensselaer County, disputed its findings.“Nothing happens here in Albany without the input of the rank-and-file legislators,” Mr. Silver said at the time.Yesterday, the reform proposal received a noncommittal reaction from Mr. Silver’s spokesman, Bryan Franke.“Reform is part of the discussions he’s having with his colleagues,” Mr. Franke said. “Other members have approached him on this topic, and discussions continue.”Mr. Stringer said the resolution was not intended as a criticism of Mr. Silver’s leadership. “The dysfunction in Albany is not about individuals; it’s about a system,” he said. The speaker “said we’re going to have a discussion about it, and that’s all you can ask,” Mr. Stringer said.

Revolt Against Silver is Gaining Momentum in Albany’s Hallways

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