BUFFALO, N.Y. — In an editorial published in the West Seneca Bee Thursday, Assemblymember Patrick Burke made the case why Governor "Cuomo's emergency powers should be rescinded."
That was also the title of the short two-block story published in the paper.
Over the past several months and as far back as June and July 2020, 2 On Your Side has heard from several lawmakers who believe stricter limits should be placed on the emergency powers granted to the Governor last year.
Burke is one of the only Democrats to speak out, and wrote in the editorial that while he approves of the Governor's pandemic response, he believes the time has come for legislative power to return to the legislature.
The joint measures presented in both the NYS Senate (53-4) and NYS Assembly (120-12) overwhelming passed with bipartisan support on March 2, 2020, and the bill was signed into law the next morning by Governor Cuomo.
"Recognizing the severity of the circumstances I took that vote, but also we are entrusted to protect our democracy and I told myself the second it was not absolutely necessary you know I would push to take that power back," Burke said in a Zoom interview with 2 On Your Side Thursday night.
Burke added knowing what he knows now, he would have voted the same way, in favor of the measure 9-months ago.
"New York's ability to function would have been very limited and many of the Governor's decisions saved a lot of people's lives," he said.
"You know during these times of crisis you really do rely on central figures to save us. Often times you can't deliberate for hours and hours and hours on every single thing. You have to make 50 rapid decisions and you do not want 150 members of the legislature debating every one of those."
Despite the new push to limit the Governor's power, Burke added that he doesn't want it to look like the end of what health leaders say is still a very active emergency. Yesterday New York recorded 202 COVID-19 related deaths and 13,661 new positive tests, according to state data.
"I think when it was that emergency and decisions had to be made, I think the Governor worked very hard and made many good decisions I believe but since then I think the governor has exceeded his authority," State Senator Patrick Gallivan said Thursday.
Gallivan, like Burke, voted to approve the Governor's emergency powers in March 2020 but unlike his colleague in the Assembly, now says he regrets that decision. He says while oversight was granted to the state legislature and lawmakers could have overruled any of Cuomo's executive orders with a simple majority, that power wasn't exercised.
"The legislature has failed in that oversight," said Gallivan, who represents New York's 59th Senate District which includes portions of four Western New York counties, including Erie, Wyoming, Livingston, and Monroe.
"We're planning for the future, we're planning to reopen the economy, to reopen businesses and to figure out a way around this and we still need to do it safely and follow science but our form of government is not intended to have one individual in power for 9 months," he added.
Gallivan said he's proposed requiring a 30-day renewal for the current and future executives, on which the legislature would have to vote, as well as greater reporting to lawmakers.
Both lawmakers stressed the importance of abiding by the recommended precautions of local health departments and the CDC.
Burke shared for the first time with 2 On Your Side his own experience with COVID-19.
"I just got out of quarantine myself, my 10-year-old son just got out of quarantine, you know my wife is still quarantining in her room and we're trying to protect our two other children and our dog right now and we did everything," Burke said.
"You know we didn't really have Christmas or Thanksgiving and we still caught it. I would encourage people out there not to be cavalier in any way and to take it seriously."
If not acted upon by lawmakers, the Governor's powers will lapse at the start of April. Any limits put in place before then would require the passage of bills in both the State Assembly and State Senate.