New York Public Personnel Law: Governor Paterson revokes his proclamations calling for extraordinary legislative sessions

July 21, 2010

Governor Paterson revokes his proclamations calling for extraordinary legislative sessions

Governor Paterson revokes his proclamations calling for extraordinary legislative sessions
Source: New York State Office of the Governor

On July 21, 2010, Governor David A. Paterson revoked his proclamations for the extraordinary sessions he issued on January 17, 2010 and June 26, 2010.

The Governor explained that “This revocation lays to rest spurious claims by both the Assembly and Senate that any prior extraordinary session convened by gubernatorial proclamation remains in progress."

Governor Paterson said that he stands "ready to convene a new extraordinary session of the Legislature pursuant to his authority under Article IV, Section 3 of the Constitution should he deem such an action necessary in the coming weeks.”

According to the Governor’s Office's statement, Article IV, Section 3 of the New York State Constitution gives the Governor broad and unambiguous legal authority "to convene the legislature, or the senate only, on extraordinary occasions."

This provision, said the Governor's Office, has been part of the New York State Constitution since it was first adopted on April 20, 1777.* “Since that time – more than 230 years and four constitutions later** – the provision remains virtually unchanged and imposes no requirement on the Governor to seek legislative permission before convening an extraordinary session.”

* Article XVIII of The Constitution of 1777, in pertinent part, provides that “[The Governor] shall have power to convene the assembly and senate on extraordinary occasions; to prorogue them [i.e., discontinue a session of a legislative body without dissolving it] from time to time, provided such prorogations shall not exceed sixty days in the space of any one year…."

In 1812, then Governor Daniel D. Tompkins [1807-1817; 1817-1825], pursuant to the authority set out in Article XVIII of the Constitution of 1777, "prorogued the legislature" -- the only recorded instance of a New York State governor exercising such power. The full text of the Constitution of 1777 is posted on the Internet at: http://www.nhinet.org/ccs/docs/ny-1777.htm

** New York State has had five constitutions, adopted in 1777, 1821, 1846, 1894, and 1938, respectively.

The full text of the Governor’s Office's statement is posted on the Internet at: http://www.ny.gov/governor/press/072110Session.html

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.