The Republican Leaders in the New York State Senate and Assembly joined members of their respective conferences in Albany on Monday to announce the introduction of a concurrent resolution that would terminate the state disaster emergency declared by Governor Andrew Cuomo on March 7, 2020 under Executive Order 202.
The action seeks to finally revoke his unilateral decision-making authority and restore the Legislature’s rightful role as an equal branch of state government with the Executive.
“We are in a state of recovery – not emergency – and it’s time New Yorkers are able to return to their daily routines and a sense of normalcy,” declared Assembly Republican Leader Will Barclay (R-Pulaski). “The process has been long. Many lessons have been painful, but it’s time to finally move forward.”
The original March, 2020 order was set to expire on April 30 of this year. More than three months ago, however, Legislative Democrats effectively extended it indefinitely under legislation negotiated with the Governor. Democratic leaders claimed they came to an agreement that largely ended the emergency while allowing Cuomo to extend some orders with “consultation” with the Legislature. The deal actually extended the powers until the end of the declared disaster emergency.
Senate Republican Leader Robert Ortt (R-North Tonawanda) called the deal a “sham.”
“We are in the last week of the legislative session, and the majorities in the Legislature are content to leave Albany and let the scandal-engulfed Governor have total control over every aspect of New Yorkers’ lives,” noted the GOP Leader.
“We have repeatedly advanced an amendment to strip the Governor of his emergency powers and the Democrats unanimously reject it, despite it being clear that their sham repeal bill passed in March did nothing. Today, we have joined the Assembly to introduce a concurrent resolution that would terminate the state disaster emergency and remove the governor’s unilateral control once and for all,” Ortt said on Monday.
Barclay agreed, noting that “the state’s COVID infection rate is reaching its lowest levels while the number of vaccinations steadily increases. The virus is no longer stressing the limits of our health care system. We’ve made great progress fighting back against the virus and restrictions have been loosening for months. While there is still work to do and goals to achieve, New York State doesn’t need to operate under a state of emergency to get there,” the Assembly Leader said.
Local Lawmaker Concur
Suffolk Legislators in the Assembly and Senate have all joined in the effort, some citing the most recent controversy over confusing and contradictory guidance for school districts and students wearing masks inside schools.
“Following the confusion of this weekend’s school mask fiasco, it is beyond time to make sure that the voices of all New Yorkers are clearly heard, said Senator Mario Mattera (R,C – Smithtown), who was present for Monday’s Albany press conference.
“While there are many legislators who seem content with having decisions made without their input, it is imperative that those who are elected to represent the residents of our state have a say in their future. We have continually fought to end the unilateral powers that Governor Cuomo wields so that we can work together to build a stronger New York for all. It is time for the Senate Democrats to join us,” Mattera added.
Assemblyman Michael Fitzpatrick (R,C,I – Smithtown) said “It’s time to end the emergency powers.”
“Things are getting better every day; the science has us there. Other states are passing us by. We need to get the masks off of the child and businesses open. The Governor has used the pandemic to avoid facing the tough questions about the multiple controversies and investigations threatening his stature.)
Also on hand were Assemblyman Doug Smith (R,C,I-Holbrook) and Assemblywoman Jodi Giglio (R,C,I-Riverhead).
“The governor has been using these last few months to hold onto whatever total control he can in the midst of scandals and problems, but the time has come to return to normal operations,” said Smith, describing Executive Order 202 as “an instrument of domination the governor has used to totally control state operations.”
“The emergency order that could have been justified as necessary in March 2020 is clearly outdated today. With positive COVID cases on Long Island down to 0.4% over the last seven days, we must not leave Albany this week without finally repealing the long-abused and now unnecessary emergency powers of Governor Cuomo,” Smith added.
Repealing the order would be the final step in returning life in New York to complete pre-pandemic operations, he said.
Giglio said it is “time to finally get New York State off of life-support. We’ve had a successful vaccine rollout and we’ve complied with the regulations.”
“Our children need a care-free summer, our businesses should be fully open and we have all earned a well-deserved respite. It’s time to go back to normal and repeal the state of emergency,” she concluded.
Assemblyman Joe DeStefano (R,C-Medford) also announced his support for terminating the state disaster emergency.
“As more people are getting vaccinated, the numbers continue to trend downward and restrictions are being lifted, it is time to remove this executive order, return to normal and begin rebuilding our economy,” said DeStefano.
“The governor’s emergency powers have remained unchecked for over a year and he has shown just how misguided he is. This is long overdue; we cannot leave Albany this week without removing this order,” he stated.
Pandemic Powers
At the onset of the COVID 19 pandemic, under the emergency declaration, Governor Andrew Cuomo was given broad emergency powers to issue directives and suspend and modify statutes, local laws, ordinances rules and regulations in order to handle the state’s pandemic response.
The original March, 2020 order was scheduled to expire on April 30, 2021. Democratic lawmakers, who hold a majority in both Senate and Assembly, effectively extended the powers indefinitely after negotiations with the Governor – certainly until the end of the declared disaster emergency.
Most other states have ended, or have a plan to end, their state’s declared disaster emergencies.
New York State law grants the Legislature the authority to terminate – at any time – a state disaster emergency by concurrent resolution, explained Assemblyman Phil Palmesano (R,C,I-Corning).
“It is time to return checks and balances back to our state government and return local control and authority back to our local municipalities and school districts,” Palmesano concluded.
Hiding Behind Pandemic?
Governor Cuomo has relaxed several orders pertaining to the pandemic, but critics suggest it’s more about distraction than data.
“Nearly every week he hosts a shameless photo op to announce the loosening of one restriction or another, which has helped perpetuate a ‘business as usual’ narrative and distract from the multiple scandals and investigations that he is facing. Before we adjourn, Democrats have a responsibility to end this charade,” said Senator George Borrello (R-Sunset Bay), sponsor of the concurrent resolution in the Senate.
“By extending his emergency powers indefinitely, Democrats handed the governor a tool for his political survival and he has used it to his full advantage,” Borello added.
Although Cuomo has rejected calls for his resignation, even a number of Democrats have called on the governor to resign in light of accusations of sexual harassment and his administration’s handling of the COVID crisis.
Cuomo faces an independent review overseen by NYS Attorney General Letitia James regarding sexual harassment allegations, as well as a federal probe over his administration’s handling of nursing home patients. He ordered nursing homes and other facilities to take in patients with COVID-19. Then his administration admitted to providing inaccurate information regarding deaths related to the requirement.
On top of those investigations, the Assembly Judiciary Committee is conducting an impeachment inquiry.
This past weekend, Cuomo’s team created confusion for students and schools over whether children would be able to go without masks.
NYS Health Commissioner Dr. Howard Zucker sent a letter to the federal Centers for Disease Control and Prevention (CDC) on Friday saying the state planned to lift the regulation on Monday.
On Sunday night, however, State education leaders sent a memo to school districts contradicting the Friday guidance. “If there’s ever been an advertisement to remove these powers, it’s been these last 48-72 hours,” Ortt said Monday.
