"Who controls the New York state Senate?"
It's a trick question until at least today, when the chamber is scheduled to enter session and a judge may be forced to answer that question for the legislators.
Do the steadfast Democrats, the 29 who have stood by their leader, Sen. Malcolm Smith, retain their rule because the procedures to oust them last week were illegal? Or are they simply poor sports against the GOP and two dissident Democrats, refusing to admit that votes are binding even when they go against them?
At this point, who's right is almost irrelevant. What's really wrong is how nothing has changed in the nation's most dysfunctional state government.
For decades, some of the blame was deflected by the explanation of split rule. With a Republican Senate and Democratic Assembly, each with wildly different constituencies, the apologists said, no wonder there was gridlock. And both chambers would butt heads with the governor, regardless of party, as the governor was the only official who had to answer to the whole state.
Well, with a fully Democratic government this year, there was swift action in some senses. Unfortunately, it was all done secretively, without meaningful ethics reform, and without a fix for billions in projected budget deficits in 2010 and beyond.
How can this gridlock be fixed? Whatever the answer, it may need to be preceded by a severe humbling. Hopefully, whatever the ruling is, it will remind all sides of the shame and embarrassment they regularly bring to New York politics. That realization would be a start.
Enforce the rules for Empire Zones
Another state government initiative with mixed results, the Empire Zone program, has also affected our area lately, as Norwich-area businesses have been decertified and Otsego County firms put on notice.
We applaud this move, with a caveat. Obviously, enforcement of the Zone rules has been lacking, failing around the state to force businesses to live up to their ends of the bargain: jobs in exchange for tax breaks.
It's not always the fault of a business, as the economy may have failed it, but those are the risks.
With this push to hold businesses accountable, however, we do hope to see cases decided on their own merit. Businesses flunking should be decertified, but only after they're given a chance to improve or explain their actions. Sometimes, as in Otsego County, that may just require updated paperwork.
Going through the process may take more work, but it will ensure fair treatment and benefit us all.
