Guy Cosentino: Paterson adds gas to fire in Albany

By Guy Cosentino

Thursday, July 9, 2009 11:36 PM EDT

If New Yorkers didn't think the circus in Albany could get any weirder, the announcement on Wednesday night by Gov. David Paterson, appointing Richard Ravitch as lieutenant governor, is the equivalent of adding a tanker of gasoline to an already uncontrollable forest fire. The arbitrary, and yes, capricious, decision by Paterson only makes matters in Albany worse.
While New York needs a lieutenant governor, the process Paterson is using is wrong.

The fact is it really isn't a process - one of the great shortcomings of his decision. While it might be debatable whether he has the ability to name a lieutenant governor, his being able to name someone to succeed him, without any process (other than the courts who will have their hands full on this one), could set a precedent for any future governor to name their wife, son or a political crony.

The Federal Constitution has Congress vet a vice presidential nominee, as they did when then New York Gov. Nelson Rockefeller was nominated in 1974 by Gerald Ford.

While former Metropolitan Transportation Authority Chairman Ravitch might be well qualified for this job, there has been no vetting process by an independent branch.

Whether or not you like Senate President Malcolm Smith - he at least was first vetted in Senate elections with the public and then chosen by his fellow Senators.

A constitutional change is needed that sets up a clear set of procedures for filling a lieutenant governor vacancy. Paterson, in a letter to New Yorkers Wednesday, said that “I am acting now to clear up the confusion.”

He has done anything but. What he has done instead is laid the groundwork for a myriad of lawsuits. This arbitrary act only creates more confusion and prolongs the crisis in Albany.

What will not be extraordinary is how quickly Paterson's opponents try to block this. Republicans, for example, did not go gently into the night but straight to court.

Also expect Attorney General Andrew Cuomo, who contended, prior to Wednesday, that this was not legal, to be more aggressive on this issue than he has been.

In his case, a victory for Paterson in the courts hurts Cuomo's credibility, especially if he wants to challenge Paterson next year.

Cosentino is a former mayor of Auburn and can be contacted at cozguytho@aol.com

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