ASSEMBLYMAN MICHAEL GIANARIS CITIZENS UNION OF THE CITY OF NEW YORK COMMON CAUSE/NY Contact: Michael Gianatis 917 881-5730 Dick Dadey 917-709-2896 Susan Lemet 917-670-5670 NEWS RELEASE For immediate release: ‘Monday, July 6, 2009 ASSEMBLYMAN GIANARIS, CITZENS UNION, COMMON CAUSE/NY CONTEND CURRENT STATE LAW ALLOWS GOVERNOR PATERSON. TO APPOINT LT. GOVERNOR Shows How State Constitution and Public Officers Law Can Be Used to Break Albany Impasse New York State Assemblyman Michael Gianatis, Citizens Union Executive Director Dick Dadey, and Common Cause/NY Executive Director Susan Lemer today sent Governor David A. Paterson aletter ‘outlining how under current law he can appoint a Lt. Governor and in doing so resolve the impasse that has paralyzed state government. ‘Though it Has become accepted conventional wisdom that a vacancy in the office of Lt. Governor cannot be filled until the next statewide election, the letter posits that the plain language of the Constitution and the Public Officers Law gives the Governor the power to appoint a Lt. Governor who can serve until next year’s elections. “The letter contends that Section 43 of the Public Officers Law applies in this situation and is not precluded by the Constitutional mandate that the Temporary President of the Senate shall perform the duties of the Lt. Governor duting a vacancy. Public Officer Law Section 43 states “ [fa vacancy shall occur, otherwise than by expiration of tezm, with no provision of law for filling the same, ifthe office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election...” “The answer to the state's gridlock was sight under own noses the entire time: the law allows Governor Paterson to choose a Lieutenant Governor when there is a vacancy,” said Assemblyman Michael Gianasis. "Tusge the Governor to make this appointment as quickly as possible so the state legislature can resume its work and pass the dozens of important measutes that await action." Dick Dadey, executive director of Citizens Union said, “Hidden in plain sight in our Constitution and the Pubic Officers Law lays the solution for Governor Paterson to fil the vacancy in the office of Lieutenant Governor. In doing so, he can end the partisan chaos in the State Senate that has gridlocked our state ‘government, and the business of the people of New York can finally be addressed”Susan Lerner, executive ditector of Common Cause/NY, said “Today we provide a straightforward interpretation of the law, harmonizing the Constitution with the provisions of the Public Officers Law, to address the continuing crisis in the State Senate. It makes sense that the Public Officers Law applies to fill the gap in the Constitution. Governor Paterson should act quickly to end the stalemate by appointing 4 Lieutenant Governor to break the unacceptable deadlock that has prevented the Legislature from doing its work” “The letter to the Governor lays out the legal theory behind this contention, including reference to a 1943 decision affirmed by the state's highest court, Ward v. Curran, 266 A.D. 524, 44 N.Y,S.2d 240, (3d Dept 1943), afPd 291 NY. 642, 50 N.E.2d 1023 (1943), that holds that a Constitutional provision that the “Temporary President of the Senate performs the duties of Lt. Governor during a vacancy does not preclude a section of the Public Officers Law that provides for filing vacancies in elective offices generally. Decisions from other states facing similar circumstances ate also cited inthe letter. “The issue was carefully examined before it was embraced by Gianatis, Dadey and Lerner. Several state legal and constitutional experts were consulted in recent days, including, but not limited to, Richard Buiffaule, a noted professor in state and local law at Columbia Law School, who also serves as vice chair of the Citizens Union Board of Directors. ‘The letter in its entirety is attached.ASSEMBLYMAN MICHAEL GIANARIS Ei Serer a anaes CITIZENS UNION OF THE CITY OF NEW YORK CATE ncaa LA Ua Abed COMMON CAUSE/NY Ene 5 r Pel July 6, 2009 Governor David Paterson Executive Chamber Capitol Building Albany, NY 12224 Dear Governor Paterson: “The current crisis in staté government has us all searching for ways to resolve the impasse and get our state moving in the tight direction once agrin. We, like so many others, are anxious to see a resolution in accordance with out State Constitution and statutes and have been researching possible solutions. In that regard, we believe that the current provisions of the Public Officers Law, in conjuaction with the State Constitution, provide you with a road map out of the gridlock that has paralyzed out government. thas become accepted conventional wisdom in New York that a vacancy in the office of Lieutenant Governor remains unfilled until the following statewide election, yet the plain language of the Constitution and the Public Officers Law indicate that you have the power to appoint a Lieutenant Governor who can serve until next year’s elections. ‘The Constitution states that “)he legislature shall provide for filling vacancies in office,” NY. Const, Art. XIII, §3. Although the legislature has not adopted a law specifically addressing a vacancy in the office of Lieutenant Governor, Section 43 of the Public Officers, Law, entitled “[fllling other vacancies,” covers that office. Section 43 states: “Ifa vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election...” N.Y. Public Officers Law, §43. ‘The office of Lieutenant Governor is an elective office, and a vacancy has occurred otherwise than by expiration of term, so under Section 43, the Governor has the power to fill the vacancy. Nothing in section 43 indicates that it does not apply to the office of