Councilman Files Lawsuit Against Governor
Eric Ortner
North Buffalo Rocket / West Side TimesMarch 2000: As many people are aware, The City of Buffalo has no State Senate representation. This resulted when former 57th District New York State Senator Anthony Nanula took office as City of Buffalo Comptroller on January 1, 2000.
A State Senate Seat cannot be filled by appointment. Therefore, a special election must be called by the Governor. With this in mind, the Democratic Party nominated Delaware District Councilmember Alfred T. Coppola for the position.
The Republican Party is in the process of making a nomination. Stacy Hartley, Chief of Staff for Erie County Republican Committee said, "We had an Executive Committee Meeting last night (February 7th), and the purpose of that was to interview some candidates for that seat. The outcome of that meeting gave the authorization to Chairman Robert E. Davis to meet with John Long, who is the Chairman of Niagara County Republican Party, for the purpose of endorsing a candidate. Because it is a two county seat they need to make that decision jointly. They plan on meeting later this week for this purpose."
Governor George E. Pataki has not called a special election to fill the vacancy. As a result, Coppola filed a lawsuit against the Governor on February 7th. This action was taken for a variety of reasons. Coppola maintains that Pataki could have called a special election a long time ago.
Pataki did call for a special election earlier in the year to fill a vacancy in the 129th Assembly District. That district borders on Yates and parts of Ontario counties. Coppola claims that this is primarily a Republican controlled area and that was Pataki's reasoning for the swift decision to hold a special election there. As a result of the election in the 129th district, the seat has already been filled by Craig J. Dorgan.
Coppola has filed a lawsuit because he feels that Pataki is required by law to proclaim the vacancy in the 57th Senate District so that it is not denied equal representation in the State Senate. Therefore, the vacancy violates the equal protection clauses of the federal and state constitutions. Moreover, the suit alleges that the Governor has violated the civil rights of the citizens of the 57th District. For payment, Coppola has suggested that Pataki pay for the damages of this violation by refunding the state income taxes to all the residents of the 57th District. A court date has been set on February 16th in regards to the case. Barbara Howe is the presiding justice in the New York State Supreme Court. She has ordered that George E. Pataki shall Show Cause at a special term of the court.
This court case and its ramifications are significant. The lack of representation does have an effect on North Buffalo. According to Kathleen Peterson, Executive Director of the Parkside Community Association, "We sent out a request for funding to all of the State Assembly and the State Senators (in the Western New York Delegation) to support the Parkside Community Association. I've sent them out to the Assembly, but not having anyone in our senate position, I've sent it to Dale Volker. I would normally request it from the 57th District State Senator at this point, but we have none."
Although the lawsuit is definitely a political move on the part of Alfred Coppola, he does seem to have the 57th District's constituents at heart. Mr. Coppola said, "I think the most important thing is the seat needs to be filled here no matter what. It doesn't really matter if it's Al Coppola or someone else. The fact of the matter is when you have a vacancy in the Senate, the people of Buffalo, Grand Island and the City of Niagara Falls won't have any representation during the budget process. We don't have a lot from what we get in Albany as it is, and our economy is hurting. I really think that to keep the seat vacant is a detriment to our whole area."
There may be a legitimate defense to the Governor's reluctance to hold a special election. The Public Officers Law says that Pataki has the "discretion" to proclaim a vacancy. However, Governor George E. Pataki's press office had no comment in regard to Mr. Coppola's lawsuit.
Should Al Coppola be elected after a special election is finally held, the Delaware District will not be cursed with an empty seat. Coppola's current seat will be filled by appointment. The five zone chairmen in Delaware District will hold a committee meeting and make a recommendation to the Common Council. The Council in turn will vote on the chairmen's suggestion. Next fall, there will be a general election in which the public can decide who they want as a representative.
In regard to his lawsuit, Coppola has concluded, "My earliest history lessons in grammar school taught me about the Boston Tea Party and the phrase, 'No taxation without representation.' I don't know why the taxpayers are paying taxes for legislative services they're not receiving."
