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Updated 06/19/2009 11:29 PM

Governor To Force Special Legislative Session

By: NY1 News

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Governor David Paterson announced Friday that he will force a special legislative session on Wednesday if the New York State Senate does not resolve a two-week power struggle before then.

Senators would be required to attend, but the governor cannot make them vote.

Stalled State Senate Authorizes Paychecks

Should lawmakers continue to get paid during the stalemate in the Senate? Join the conversation on "The Call" at 9 p.m. with NY1's John Schiumo, or email your thoughts.

The Senate's session is set to end Monday, but Democratic leaders say no agreement was struck during a private meeting Thursday with members of the Republican-led coalition.

As a result, senators from both parties have returned to their home districts for the weekend.

The Reverend Al Sharpton is expected to meet with some Democratic senators on Saturday.

"Let me tell you, if I swung a golf club, it wouldn't be at the ball if they were around," said Paterson as he attended the U.S. Open golf tournament in Bethpage, N.Y. on Friday.

The governor is reportedly preparing a list of essential legislation that requires action – most of which will extend laws about to expire, including mayoral control of city schools.

Without action on mayoral control by July 1, the city school system reverts back to the much-criticized leadership of the Board of Education, which was controlled by borough presidents and local districts.

Yet Mayor Michael Bloomberg and City Hall officials did not want to discuss such a scenario Friday.

"We've had seven years to negotiate a renewal of mayoral control," said Bloomberg on his weekly morning radio show.

"I think it would be just an absolute misery," said former Schools Chancellor Harold Levy. "I think everyone understands that when you've got a politically tense board where there's horsetrading for every issue, you gets lots and lots more input, but you can't move the system."

Even critics of mayoral control, like Bronx Borough President Ruben Diaz Jr., said the state Senate needs to act decisively on the issue.

"I hope that the Senate gets their act together so that our kids can have a system where we can have some accountability," said Diaz.

The state Senate also needs to approve of the raising of the city's sales tax by a half-percent.

Before senators left Thursday, there was one thing both sides did agree on -- their paychecks. Party leaders from both sides last week submitted paperwork to authorize paychecks for their members and staff.

The GOP is claiming control after last week's coup, when Democrats Pedro Espada Jr. and Hiram Monserrate voted with the Republicans, giving them a majority. Monserrate has since gone back to the Democrats, deadlocking the Senate at 31-31.

Democrats are calling to split the Senate presidency, but Republicans say the June 8 vote established Espada as senate president pro tempore and Republican Senator Dean Skelos as senate majority leader.

"I will not move away from it. Obviously, I've been tested, my arms have been twisted, my name has been maligned and vilified," said Espada on Friday. "But the truth is that we're going to get to a resolution without betraying the principals that got us here, the agreement that got us here and the historic vote of June 8."

Espada added that despite the situation it has created, the vote provides an opportunity for change in Albany.

"It's a reality," said Republican Senator Dean Skelos. "Look at the film, read the transcript, the journal, the roll call, it was 32, actually it was 32 to nothing because [the Democrats walked out]."

"We really hope to resolve this by negotiations," said Democratic State Senator Eric Schneiderman. "We are here to talk, but they are not negotiating in good faith. They are not willing to give up their claim that Pedro Espada is president pro tempore or even put it aside."

Democrats pulled back on their request that a judge issue a temporary restraining order barring Espada from assuming the post of Senate president, but they say they have not ruled out going back to court.

Meanwhile, State Senator Thomas Duane said Friday that he will not stand behind any leader who does not support bringing gay marriage up for a vote this year.

In a letter to State Senator John Sampson, the new Democratic Conference leader, Duane called it "unacceptable" that neither State Senator Malcolm Smith nor Sampson have promised that same-sex marriage will come to the floor and pass in the State Senate.

He said, "I have come to the conclusion that I cannot support any leader who does not demand that marriage equality come to the floor and pass in 2009."

Duane is the only openly gay State Senator.

Also, NY1 exclusively obtained a document through the Board of Elections, which reveals that last week was not the first time Senator Hiram Monserrate sided with the Republican Party.

Records show that Monserrate was registered as a Republican from 1988 to the beginning of 1997. He was then registered with the Independence Fusion Party for nine months before registering with the Democratic Party in October of 1997.

A spokesperson for Monserrate says he joined the Republican Party in his 20s before he had time to develop his political identity.

On NY1's "Road to City Hall" last week, Monserrate said he has always been a Democrat. Monserrate now calls himself a progressive Democrat.