The Senate that's Not Worth its Salt

Many of the laws of New York set to expire July 1 have had the sun set on them because the New York State Senate refuses to meet and act on them. New York City's school system has expired like a carton of milk with last month's date on it, and they're plenty of sour milk to go around.The State Comptroller estimates that the failure of the State Senate to meet has cost taxpayers three billion dollars.

The New York Senate makes the "do nothing Congress" look like FDR's first hundred days.

Woody Allen is quoted (perhaps incorrectly) as having set that 90% percent of life is showing up. (The other ten percent he doesn't address--it's probably New York State Income Tax.)

The New York State Senate is a house divided against itself, and cannot....be paid? The Senate is not worth their salt. As you know, the word "salary" comes from the time Roman soldiers were paid in salt. Should New York Senators get paid? Can they?

The first problem is who verifies the payroll. The presiding officer in the Senate is supposed to sign the payroll, verifying to the Comptroller that these people on it should be paid. But neither party can agree who the presiding officer is.

"Our belief is that the controller can't really verify that it's an authorized [payroll] form because there is no known authorized presiding officer," the governor said. "It's in dispute right now.

"It is a technicality that - finally, around here - works in the public's favor," the Daily News notes.

The State Comptroller has refused to process vouchers for the Senators, so he will stop their pay. He can't do that, can he ?

Maybe he must. In People v. Ohrenstein 77 NY2d 38 a state senator was charged with creating no show jobs for campaign workers. He defended on the grounds of legislative immunity, but the Court of Appeals wrote :

" But no matter how far the immunity may extend under the State Constitution, it cannot be said that it was intended to provide a sanctuary for legislators who would defraud the state by knowingly placing on its payroll employees who were never intended to do anything but receive state moneys."

Is it larceny under false pretenses when someone claims to be a legislator, but refuses to legislate? Is it criminal impersonation of a State Senator to hold yourself out to be a senator, yet refuse to vote on anything ? Stay tuned.