DiNapoli To Withhold Senators’ Pay
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- July
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They won’t get pork-barrel money and per diems, and now Comptroller Thomas DiNapoli said he’s going to move to withhold senators’ pay during the leadership standoff.
Democrats already said they’ll take the matter to court.
“We don’t think there is any legal justification for withholding the pay,” said Senate Democratic spokesman Austin Shafran.
DiNapoli’s office had indicated last week that legislative pay could be off limits because the state constitution says their pay can’t be altered during their term.
But DiNapoli thinks it’s doable.
Here’s DiNapoli’s statement:
“Shortly after the Senate leadership controversy arose, I directed my staff to stop processing any Senate vouchers, including those for Senators’ travel. To date, we are holding more than 250 vouchers, totaling $560,000.
The question of withholding Senators’ pay has raised complicated legal and constitutional issues. My staff has been meeting with Governor Paterson’s staff to resolve those issues. These discussions are ongoing.
Out of respect for the separation of powers, I have strived to avoid inserting my office into what is essentially an internal matter within a separate branch of government. But the deadlock in the Senate is undermining the ability of state government to function. Taxpayers are paying a very high price. The stalemate is costing taxpayers across the state millions of dollars a day.
As the state’s fiscal officer, I have a responsibility to taxpayers to safeguard their interests. These are difficult fiscal times. The state needs leadership and action.
I have instructed my staff to initiate the process to hold Senators’ pay. I have also filed suit in Supreme Court seeking declaratory judgment to clarify the Constitutional and statutory obligations surrounding this matter.
Every elected official has a duty to serve the people of this great state. I urge Senators to resolve their differences now. The people of New York deserve no less.”
This entry was posted
on Thursday, July 2nd, 2009 at 5:49 pm by Joseph Spector.
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This guy is going bald and just lost 45 billion dollars. What in hell is he always smiling about?
I guess DiNapoli thinks he was elected Comptroller in 2007.
But he was not elected pursuant to the Statue, which mandates a vote by “Joint Ballot”
NEW BLOW FOR HEVESI. Gov opens probe but not urging ouster yet
... Alternatively, if Hevesi resigns, then the state Assembly and Senate would vote
by joint ballot to elect a new controller – a contest Democrats would almost …
Article
New York Daily News, New York, N.Y
2006-10-28
2.
WHAT WILL HAPPEN TO ALAN ?
... A. The 212 Assembly and Senate members vote by joint ballot to decide his successor,
who will complete the remainder of Hevesi’s four-year term. ...
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Why Tom DiNapoli’s election is a nullity
?The election of Washington Hunt on 2/17/1849 (See Assembly Journal pg 507)?was the first time Sec 41 was used.
This Sec was passed into law because of the resignation of Millard Fillmore (See Assembly Journals
1/25/1849 pg 231
1/30/1849 pg 269
1/31/1849 pg 280 (letter from Millard Fillmore) Gentlemen-Anticipating that my duty may soon compel me to resign the office which I now hold, and being anxious to avoid any inconvenience which might result from a vacancy, I thought that the public interest would be best consulted by a resignation to take effect at some future day, which should not only give time for the Legislature to pass a law for filling the vacancy, but also allow him time to reach the capital before I leave I therefore respectfully resign on the 20th day of February next.?I cannot suffer the opportunity to pass without expressing to you my heartfelt thanks for the courtesy and kindness which on your part have market all our official intercourse.
I have the honor to be,
Your obedient servant
MILLARD FILLMORE?Comptroller?=================================
2/2/1849 pg 309 & 310
On 2/17/1849 (Pg 507) The hour of 1pm having arrived, In pursuant of the statute in such case made and provided, and of a concurrent resolution of the two houses, the Senate attended in the Assembly chamber, and proceeded to elect by ballot a person to fill the vacancy which will occur in the office of Comptroller on the 20th inst, occasioned by the resignation of Millard Fillmore and the ballots having been taken and counted, it appeared that Washington Hunt received 89 votes?Charles A. Mann received 15 votes, Nathan Dayton received 7 votes, and William S. Johnson received 1 vote.
Whereupon. Washington Hunt received a majority of all the votes cast was declared duly elected Comptroller in place of Millard Fillmore resigned.
Then Senate then, withdrew from the Assembly chamber.?==================================
The first election under this section was by “Joint Ballot” not “Viva Voice”
Thus any and all elections that took place “Viva Voice” and not by “Joint Ballot” would seem to be “Noll & Void”
See State vs Shaw, 9 S.C.144?Pages 94 to 147
Mason’s Legislative Manual Sec 536 Voting by Ballot
If one looks back into other elections under this section one will find that they voted by Viva Voice and not by “JOINT BALLOT”
It would seem, they all were not “ELECTED” This would seem to hold for any Law (Sec 202 Education) that says election by “JOINT BALLOT”
That is why I believe that Tom DiNapoli election is a nullity, since he was elected by “VIVA VOICE” and not by “JOINT BALLOT”
VJ Machiavelli
NO MORE SCHUMER
NO MORE PELOSI
NO MORE RANGEL
NO MORE ENGEL AND HIS MILLION DOLLAR HOME IN MARYLAND
I commend Mr. DiNapoli for this action. I hope it goes through. Politicans need to be held to the same standards employees in general have to deal with. Do your job or do not get paid.
They get paid every two weeks FOR THE ENTIRE ELECTED TERM. BASE SALARY OF 79,500. Divide that down and they get a hefty check every two weeks WHETHER THEY WORK OR NOT. Best part is from Jan. thru June they average 3 days a week…LESS THAN 80 DAYS A YEAR. Health benefits, dental, retirement credit, travel and room and board reimbursement.
People think teachers have a racket….THESE LOOSERS NEED TO GET LOST. they are lazy and spoiled and think they are all deserving.
Why are we not starting impeachment proceedings for these chumps??? Voters should mobilize and fire all 62 of these worthless bums…
What a fiasco. Not only do we have a useless legislature, many States, while the government urgently talks emergency stimuli, are unable even to issue refund checks to their sinking citizenry. NY will soon realize if they haven’t already, that they cannot pay bills, and that’s WITH the legislature working. They should have long ago stopped hiring except for bona fide emergency services, and released some of these mandates on local government. They will soon have no alternative but to raise taxes on “millionaires” making over 25 grand. As Obama’s moron, Rahm Emanuel said, “Never let a crisis go to waste.” Socialism, anyone? Such is the state of our leadership
Read Tom Robbins in the Village Voice (OOPS I forgot, you’re all conservatives and hate govt). His article outlines that this coup was about de-railing the Senate Dems progressive plans on rent control, gun control, criminal justice, etc. Espada and Monserrate are not conservatives – they’re open to the highest bidder. So, all the “send in the clowns” talk is baloney. This was a power grab that reversed the Nov. election, and restored the 44-year reign of Republicans. Why should any Dem agree to that? To please the yelping tabloids that support conservative policies???
At best – 31-31 means equal power-sharing through the year. Once Espada and Moserrate go to jail, where they richly deserve to be, the gridlock will be broken.
They’re both despicable. What did your posse offer Monseratte to again switch aisles and return to the scene of his crimes? That there resides little or no ethics in Albany and the fact that the people of NY have not insisted on some honest ombudsman of justice to effectively investigate and police these fools (almost all of them) and all of their myriad quasi-legal and outright illegal activities inside and outside of chambers, tells us in no uncertain terms that NYS gets what it deserves and will continue on that path to ultimate fiscal and social ruin. Furthermore, Democratic control of both the Assembly and Senate, had it happened years ago, as per your wishes, would have us today in complete and total bankruptcy, we being effectively buried with not even a sliver of hope of disinterment.
No matter what…these clowns are doing nothing, will get paid …whether delayed or not. The clowns only know how to play, misbehave and cause taxpayers lots of money.
Dump the bunch for all this nonsense. We need people in Albany to help the hard working people who are living on the brink of having nothing.