"There have been some discussions internally about the possibility of expanding senators' roles in decision-making in the Senate; just being more inclusive and making sure everyone has a seat at the table," said Aubertine, who I found walking in a Capitol hallway toward his office. He said the discussions have not progressed "to the point of actually making any concrete decisions."

But he did not deny what I reported yesterday: that Senator George Maziarz, a Niagara County Republican, was being considered to take over the Energy Committee, which Aubertine now chairs. (A dairy farmer, Aubertine also chairs the Agriculture Committee.) I asked Aubertine whether he would be willing to let go.

"I think that any of us who believe in a bipartisan body would, because anyone who wants a much better functioning body realizes that inclusion is going to be a much better way to get there," Aubertine said.

Also, I called Senator Ruben Diaz Sr., a Bronx Democrat and sometime frustrationist whose unpredictability was a motivating factor in Democrats opening their tent.

"It's a good idea. It's a great idea. Because if we ever lose the majority, that means we would be able to keep some committees," Diaz Sr. said. "I congratulate John Sampson on doing this. It's good. It's okay."

UPDATE: Maziarz returned my call from yesterday, and said that he is talking to Democrats about the Energy Committee.

"Senator Sampson reached out and asked if I'd be interested, and I'd be interested," he said.

"I said last night we're only $200 million apart on a $3.2 billion DRP," State Senator Liz Krueger said this morning. We've gone back in this morning with a number of additional proposals, as the governor himself has said that he would come back with."

"I hope that we get this done before the weekend," Senator Malcolm Smith said. "We're close. We're still working. Senator Sampson is meeting now with some of the finance people."

Legislators today met in a closed-door conference to discuss the outlines of a proposal. It would include cuts to health care and education, but the health care cuts would be structured to avoid the loss of federal matching funds and the education cuts would not be directly for school aid, according to Senate sources.

Many of the sweeps and one-shots proposed by David Paterson in his deficit-reduction plan remain. It's unclear whether the overall number that the Senate Democrats are willing to vote for as a bloc will total the $3.2 billion that Paterson has set as a target.

Democratic Leader John Sampson came onto the chamber floor briefly where members are lingering. He spoke with Senators Darrel Aubertine, Neil Breslin, Brian Foley and Jeff Klein before walking to a meeting in the office of  with Senate Republican Leader Dean Skelos.

It seems there's a game of who's-pushing-who going on, with David Paterson continuing to rattle sabres as negotiations continue. He has said, variously, that a deficit plan must contain real cuts and that he will accept something that bridges the deficit that is agreeable to all parties. Senator Pedro Espada Jr. told me this about the governor:

"I think the challenge to the governor is that an executive needs to consider all options and not be fixated on particular cuts because one needs to appear tough," Espada said.

If Paterson does not agree to a plan that contains fewer cuts--which appears to be the only thing able to gain 32 Democratic votes in the Senate--some of the chamber's Republicans would be needed.

"I thought it demonstrates a new way that the entire state is looking at candidates, and that the Democratic Party is demonstrating the type of responsibility I think both parties aspire to, but right now I think the victor of Bill Owens and the victory of Scott Murphy in the 20^th District earlier this year, and even going back a couple of years to the State Senate victory of Darrel Aubertine. These are districts that no one has ever won: There's no seat safe," Paterson told Susan Arbetter on The Capitol Pressroom.

Arbetter then asked Paterson if the election results--including the defeat of Andrew Spano in Westchester County and the loss of the Nassau County legislature--were in any way a referendum on his leadership.

"This whole idea of lowering taxes that magically reignites the engine of an economy is wrong," Paterson replied.

And the Republican wave that Rick Lazio, Paterson's only declared opponent for the governorship talked about?

"I think what is having a resurgence in New York is that you can't spend money that you don't have, and that we are going to have to cut our spending, and I think the Republican Party has been a champion for a number of years," he replied.

There are now five Democratic state senators either publicly calling Monserrate to resign or for the chamber to take what action it can to rebuke him: Liz Krueger (who was the first to call for Monserrate to resign) David Valesky, Darrel Aubertine, Brian Foley and Neil Breslin. More are grumbling expletives on background.

But, Senators have told me privately, there are those in the conference who support him staying. I called State Senator Ruben Diaz Sr., who like Monserrate is part of the "four amigos" faction in the chamber, and asked him for his thoughts.

"He will not step aside, and the senate will not do anything more. It is over," Diaz told me by phone. "He has paid enough money, he has paid enough embarrassment. The case is over. Done. Finito. Se acabó."

I asked Diaz about Senator Marty Golden's continuing attacks on Monserrate.

"They're always going to be people that will try to get their way with things, when things don't come out the way they wanted. But those people that were actually accusing him without knowing, they should be embarrassed. They're embarrassed because of the verdict and now they don't know anymore," Diaz Sr. said. "They're embarrassed, and they want his blood. But his blood they will not get.

"Guilty of a misdemeanor for trying to get her to go to the hospital. Fine. If they found it was wrong for him to try and drive her to the hospital, we accept that. But the four amigos still are stronger than ever, more united than ever, and ready to work."

Diaz sent a letter to his colleagues dubbing their calls "hypocrisy" and pointing to the case of John Sabini. Another amigo, Senator Pedro Espada Jr., told the Buffalo News that "the matter was adjudicated and we don't get to do do-overs or second guesses.

I reached out to one of Monserrate's aides, who said the senators comments from yesterday still stand.

"There are no winners here today," he said then.

For Immediate Release

Contact: Drew Mangione

 

Aubertine on Championship Celebrity Cow Milking Team

Team of state officials and Onondaga County Dairy Princess win milk off by about a 2-1 margin

SYRACUSE (August 31, 2009)—A team of milkers that included New York State Senate Agriculture Chair Darrel J. Aubertine won the Celebrity Cow Milking Contest today at the New York State Fair to benefit Coaches Vs. Cancer

 “It’s good to get back in the saddle again,” said Sen. Aubertine, who retired as a dairy farmer after he was elected to the state Assembly in 2002, but continues to raise livestock and grow crops on his Cape Vincent Farm. “It was a fun competition for a good cause, Coaches for Cancer, which (Syracuse Basketball Coach) Jim Boeheim is involved in. I’m glad that everyone came out today for this cause. I was very pleased to have had the team I did and to have been a part of this.”

The contest started around 3 p.m. in the coliseum after cattle judging had concluded. The Senator’s team featured New York State Agriculture and Markets Commissioner Patrick Hooker, State Fair Director Dan O’Hara, State Fair Deputy Director Matt Morgan, and Onondaga County Dairy Princess Erin Rowe. This team beat out a team from Byrne Dairy and a Coaches Versus Cancer team of Syracuse area coaches that was to feature Coach Boeheim, though traffic prevented his arrival.

Today is dairy day at the fair, and Sen. Aubertine has spent the day with farmers, attending events and looking at the prize winning livestock.

“There were some fabulous animals there and I had a chance to look at them as well,” Sen. Aubertine said. “It’s really great to see New York’s best in Agriculture on show for the public and have this opportunity to talk to the farmers here today.”

The contest raised $2,500 for Coaches Versus Cancer, thanks to a donation by Byrne Dairy.

-30-

--
Drew Mangione, Communications Director
Sen. Darrel J. Aubertine, 48th District

 

"All of a sudden we've got to go out and get a non-party person to run on the Democratic ticket? I guess the question is, are they running away from their president?" said Jim Ellis, chairman of the Franklin County Republican Party.

I spoke with Ellis for several minutes just now, and he said that he expected Owens to run to the right of Assemblywoman Dede Scozzafava, his party's nominee for the seat. (Scozzafava's campaign hasn't returned several inquiries I've made over the course of the day.)

This echoes the sentiment of Conservative Party leader Mike Long, who said Scozzafava is "the most liberal" of the candidates in the race. The Conservative Party has nominated accountant Doug Hoffman.

"I would expect that he's going to run to the right of him. He's Darrel Aubertine without being Darrel Aubertine," Ellis said of Owens, invoking the name of the popular state senator who was the presumptive Democratic nominee before withdrawing from consideration after Republicans preemptively attacked. "If it had been him, or Darrel Aubertine, or Mr. X, they would have all run to the right of Dede. Because that's what the data is telling them. I've got to be honest, I don't really know. But the data, supposedly, is that people are fed up with the spending and fed up with the arrogance of the Congress of the United States. As Jefferson said, a little rebellion is a good thing."

Ellis had a tough time actually coming up with anything too bad to say about Owens himself, though. He said he didn't consider his lack of legislative experience a problem. The phrase he repeated to me was "running away from their president," which foreshadows a talking point we're likely to hear more of in this race.

Last night, National Republican Congressional Committee spokesman Paul Lindsay issued a statement that didn't address the merits of Owens's candidacy, or attack it. It just pre-emptively defended Scozzafava, who Owens has yet to mention.

"Now that Bill Owens has been selected by his party, it is only a matter of time before he will try to distort Dede Scozzafava's work to create jobs and fight against wasteful spending in Albany," Lindsay said. "We are prepared to assist Dede in whatever capacity we can to fight against the false attacks and personal smears that have already been spread by her opponents. Voters in central and northern New York are looking for a common-sense leader who can work across party lines to better their communities, and Dede is the only candidate in this race who has a record of doing just that."

A special election for the seat is expected to fall in November, but has not been formally called.

"I know you already have me down as a B list candidate, so I can only assume that is because you know knowthing of my background, and experience. Let me try to correct that," he wrote.

And after I reached him on his cell phone, the 62-year-old deputy director of the Medicaid Inspector General's office explained that he's stepping up his campaign to win the Democratic nomination to succeed John McHugh in Congress, a designation he hopes to receive Monday when the 11 county chairs meet in Blue Mountain Lake.

"This is the first day that I've been really free to get out there and get my message across. I've been really chained, to some extent," he said. "Darrel Aubertine was the biggest constraint, and he Hatch Act said that if some of your monies come from the federal government, as it does here, you can't engage in party politics."

Some other candidates--there are nine--have hired consultants, developed web sites aggressively pushed for press attention. Not Sullivan.

He explained that he's now taken a leave of absence from the Medicaid position until Monday, and will then retire if nominated. He proceeded to walk me through the C.V. he had forwarded to the chairs--a stint as mayor of Oswego, where he began the Harborfest event; years practicing as an attorney; five years as an assistant attorney general in Watertown and years of activity in the state Democratic Party.

Sullivan began making fund-raising calls today, and said that in five hours he was able to raise "in the tens of thousands of dollars range." A widowing father of three four, he currently resides in Green Island, a village just west of Troy.

In making his pitch to party leaders, Sullivan included another credential that caught my eye: "If a special election were to be held, the time frame would be doable for me, and given my age (62) the threat that the district may not exist in three years does not bother me!"

Sullivan told me, unequivocally, he would not run in a primary against sitting Representatives Michael Arcuri, Dan Maffei or Scott Murphy if the 23^rd district were gutted in redistricting.

"I would consider putting the cherry on the top of the cake on my political career, and retiring with the title of congressman," he said. "That would be an honor. But I think if the Republicans are successful, you can kiss it goodbye. I think if a Democrat wins we have some chance of maintaining some semblance of a North Country district."

Republicans have designated Assemblywoman Dede Scozzafava as their candidate. While McHugh has not yet resigned from this seat, a source inside the Paterson administration said the governor expects to call a special election for the same day as either the primary or general election.

The A-list choice, State Senator Darrel Aubertine, bowed out. So did Assemblywoman Addie Russell, who has an (albeit newly constructed) track record as an elected legislator, and Dan French, whose résumé reads close to ideally for a Congressional run.

Several Democratic sources have pointed to the fizzling debate over health care legislation—a tough vote for moderates or conservatives in that party—as casting a tough cloud over the race. The DCCC seems more reticent about getting conspicuously involved the A-listers are out.

The 11 Democratic county chairs representing the district will gather on Aug. 10 to interview the candidates listed and make their choice. On Thursday, I asked Sean Hennessey, chairman of the Jefferson County Democratic Committee, what the biggest challenge would be.

"I guess wading through such a group of candidates that have such a varied background. Many we know very well here in the North Country, trying to choose one from that group," he said. I asked if things were complicated by Russell and Aubertine dropping out.

"No. I actually take my hat off to the senator and the assemblywoman. Here in New York State we're in a truly difficult economic time, and I applaud them for staying in and doing the tough job of a budget," he said. "New York State needs our assemblywoman and senator."

So what's left, I asked. What are you looking for in a candidate?

"I personally would be looking for someone that has strong labor background, somebody who has a connection with as much of the district as they could," he said. "Name recognition, obviously, doesn't hurt, and the ability to mobilize troops is key."

Two candidates have that quality: Bill Owens and Brian McGrath. I'm hearing some favorable things about Owens coming out of Washington, and McGrath has flashed some cash and already hired a political team. Of the two, Owens has much more of a profile within the district, but he is not a registered Democrat, according to the State Board of Elections. He would need to either enroll in the party or have a Wilson-Pakula agreement.

"While I intend to return to public service in the future, this is not the right time for me or my family," French just told me by phone.

The former U.S. attorney had told me and other reporters since State Senator Darrel Aubertine dropped out of contention last week that he was mulling a run. He said he never submitted a résumé to the 11 county chairs in the district, as required, pending Aubertine's decision. (Aubertine was the presumptive favorite to win the nomination.) News of Aubertine's exit was made public just after the 5 p.m. deadline last Thursday. French said he did not contact party chairs afterward to try and be considered.

Sean Hennessey, the chairman of the Jefferson County Democratic Committee, issued a press release early this morning saying that Democrats will interview 11 candidates for the seat on August 10, then make a decision.

"We will continue to review the applications we have received," Hennessey said in a statement. "We will nominate a strong candidate who will campaign aggressively and win this special election before heading to Congress to work to create jobs in our district and get our economy back on track."

Here are the 11 candidates:

Andy Bisselle, Essex County
Stu Brody, Essex County
Steve Burke, St. Lawrence County
Danny Francis, Jefferson County
Bob Johnson, Jefferson County
Rudolph Johnson, Franklin County
Brian McGrath, Lewis County
David Ryan, Franklin County
John Sullivan Jr., Oswego County
Michael Oot, Madison County
Bill Owens, Clinton County

"There were many variables that I considered, including continuing my rewarding work on behalf of the people of the 118th River District as well as the upcoming birth of my second child," Russell said in a statement. "I look forward to continuing to work in the Assembly on the many projects in which I am currently involved, and with Senator Aubertine on the critical issues facing our region."

Russell follows Aubertine out of the race. Sources indicated that one of the largest determining factors was personal: she is due to give birth within a month. A special election for the seat is expected within that time frame.

That leaves an increasingly sparse Democratic bench: There's Dan French, a former U.S. Attorney; John Sullivan, the former mayor of Oswego; Stuart Brody, the former chairman of the Democratic Rural Conference; Bill Owens, a businessman from Plattsburgh; Andrew Bisselle, who failed to secure the Republican nomination and Brian McGrath, a Manhattan attorney. McGrath has hired the D.C.-based polling firm of Greenberg, Quinlan, Rosner and has committed to spending a large amount of his own money in the race.

A conference call among the 11 Democratic county chairs comprising the district--as well as outgoing State Chairwoman June O'Neill--will take place tonight. Democratic sources said they expect the chairs to schedule interviews with candidates who have expressed interest. No decision about the party's candidate is expected until August 10.

Republicans have designated Assemblywoman Dede Scozzafava as their candidate.