In response to my previous article on the pros and cons of expelling Hiram Monserrate from the State Senate due to his misdemeanor conviction for reckless assault (basically abusing his girlfriend on camera), I got a response from someone closely associated with the State Senate which contradicts what I presented State Senators Eric Adams and Velmanette Montgomery and Assemblywoman Joan Millman as believing. Adams, Montgomery and Millman basically argued variations on three themes. 1.) the State Senate rules allows expulsion for felonies but is silent on misdemeanors, and thus it sets a possibly unwelcome precedent to expel Monserrate 2.) the voters should decide whether Monserrate should represent them in the senate or not, and 3.) if Monserrate is thrown out, the Republicans will likely re-paralyze the legislature and prevent anything from getting done.

In response to this, someone well-connected to the State Senate, but who wishes to stay anonymous, wrote the following in response: (altered slightly to mask style)

I read your post re: Monserrate and the CBID meeting. Allow me to help you clarify a few things.

First, the legislature absolutely has the authority to expel a member...the law is clear. It does not speak to felony or misdemeanor convictions. If a member is convicted of a felony, they are required to resign, as you know.

The statute states that the legislature has the power to discipline a member up to an including expulsion, but, prior to that action, a committee must review the facts and circumstances around any alleged wrongdoing. In this case, it is the conviction of monserrate for misdemeanor reckless assault.

The senate convened a select committee to study the facts and circumstances, after two months and thousands of pages of testimony we concluded that his actions warrant the consideration of the most severe penalty, and if that does not pass the senate, then the second most severe penalty, revocation and stripping of priveleges and censure. [Editor's note: as noted, the committee has already been convened and the recommended expulsion or censure. This procedure arguably fulfills the due process required to legally expel a member of the State Senate, but I am sure that would be decided in court. As stated in the previous article, previous case law includes one case where expulsion was upheld because due process was observed, another case was thrown out because due process was not observed].

I suggest you read our report [PDF],review the evidence we did, then make up your own mind. We also included twenty pages of legal research to establish the right of the legislature to invoke the section of the public officers law we are acting under. Contrary to what senator adams said, or anyone else, it is undeniable [the State Senate] has the right to act.

In response to the fear of chaos if the senate expels monserrate, that is the most unpersuasive argument. Consider this, if [the State Senate does] not expel him, but censure and punish him, it is foohardy to assume he will be a willing vote for our conference. The governor has assured those concerned he will in fact call a special election to fill the seat as soon as possible.

He can run again, and if the voters of his district re-elect him, so be it. Then they own him...[the State Senate] shouldn't.

Hope that was helpful

It will be interesting to see if Paterson does or does not call a special election if Monserrrate is expelled. Some I talk to are convinced Paterson WANTS chaos in the State Senate and so will not call a special election. Others say he has assured them he will. If expulsion occurs, time will tell. A court case could give Paterson the excuse not to call a special election if he so chooses.

A further discussion of this same issue was carried out on the Albany Project.

You can also read a discussion of the State Senate's report on Daily Kos (yes, Albany's problems are so entertaining in that train wreck kind of way that it reaches national media as well).

All of this reminds me of that old Chinese curse: may you live in interesting times. Well, Albany sure makes our times interesting around here.