Sheldon Silver
Encyclopedia
Sheldon "Shelly" Silver (born February 13, 1944) is an American lawyer and Democratic politician from New York
. He has held the office of Speaker
of the New York State Assembly
since 1994.
of eastern European descent, Silver has lived all his life on Manhattan
's Lower East Side
. He lives with his wife Rosa a few blocks from their children and her parents. Friends regard him as rather cautious and reserved, though with a good sense of humor.
He graduated from the Rabbi Jacob Joseph High School
on Manhattan
's Henry Street. He was athletic and captain of the basketball team. He spent his undergraduate years at Yeshiva University
and obtained a law degree from Brooklyn Law School
. By the time he became Speaker of the Assembly, he was known to play basketball with other high-ranking officials, including former Governor Mario Cuomo
and Alan G. Hevesi the former New York State Comptroller. In addition to his duties in the Assembly he is an Of Counsel member in the Manhattan personal injury law firm of Weitz & Luxenberg.
, who had recently suffered a stroke and whose sons David
and Mark
currently serve on the New York City Council
and in the State Assembly respectively. He represents the 64th Assembly District, comprising much of lower Manhattan
, notably the former World Trade Center
site. He has a reputation as a liberal of the Lyndon Johnson mold.
In 1987, Silver, as an attorney, represented residents who sued to stop the City of New York from housing inmates on a former military barge that had last been used by the British in the Falklands War
. The residents, concerned that the barge would be disruptive to the neighborhood, argued that New York City had not followed required procedures in approving the plan. New York City argued in response that it was struggling with an overcrowded jail capacity and was therefore entitled to use the "emergency" exemption from the normal requirements. On February 26, 1988 an appeals court ruled that the inmates could be housed on the barge.
In the past, Silver has been critical of state fiscal policy. He was the chairman of the Assembly's Ways and Means Committee from 1992 to 1994, selected after Weprin replaced former Speaker Mel Miller
.
In December 1993, he criticized then New York City Mayor-Elect Rudy Giuliani
's appointment for budget director, Abraham M. Lackman, as "a person whose primary function [as director of fiscal studies for the State Senate Finance Committee] has been to limit the benefits for New York City."
Silver was instrumental in the reinstatement of the death penalty in New York State in 1995. The bill passed was ruled unconstitutional by the New York State Court of Appeals
(see People v. LaValle
), as the law stipulated that if jurors were deadlocked between sentences of life without parole and execution, the court would sentence the defendant to life imprisonment with parole eligibility after serving 20 to 25 years. The Court ruled that in such a case, execution would seem unfairly preferable to the jury. New York's crime rate had dropped significantly in the 10 years since the law was passed, without seeing an execution. Silver let the law expire in 2005 without much debate. In December 2005, after two New York City police officers were killed in as many months, Pataki called for reinstatement of the death penalty. The New York Times quoted Silver's spokesman Charles Carrier as saying, "He no longer supports [capital punishment] because Assembly hearings have shown it is not the most effective way to improve public safety.”
In 1999, Silver was instrumental in the repeal of New York City's commuter tax
, which taxed non-resident workers similarly to city residents. This was a great benefit to those commuting to work in the city from surrounding areas, but came at a tremendous cost to his own NYC constituents. Silver was criticized by city leaders for removing the tax, and though after 9/11 he has suggested he would support reinstating it, he has taken no steps to do so.
In 2000, Silver faced an attempted coup in the Assembly as members, primarily from Upstate New York
, tried to overthrow him. Michael Bragman
, one of the leaders of the backlash, lost his position as majority leader of the Assembly
On June 7, 2005, Silver blocked the proposal to build the West Side Stadium
in the area of Hell's Kitchen
. This project was heavily promoted by Mayor
Michael Bloomberg
, who claimed that it was crucial to New York's failed bid to host the 2012 Olympics. He was also involved in blocking the proposed Moynihan Station, a project which would have replaced Manhattan's aging Penn Station, as well as legislation that would stop city employees from collecting potentially-fraudulent duplicate retirement payments from multiple sources. In July 2007, Silver was a key voice of opposition to Mayor Bloomberg's congestion pricing
program and when a meeting of the Democratic Assembly Conference indicated the proposal lacked support, Silver declined to schedule a vote on the measure and it died. Although Silver personally stated that he would have "probably would have voted for the bill" on congestion pricing, a majority of his conference strongly opposed the proposed plan. Proponents argued it would reduce traffic congestion and vehicle emissions, lead to less crowded streets, and raise much-needed funds for public transportation, while opponents objected to the notion of a new driving tax.
In 2008, he had his first Democratic primary in over two decades beating his challengers, Paul Newell and Luke Henry, winning 7,037 votes. Newell and Henry received 2,401 and 891 votes respectively. He was reelected on November 4 with 27,632 votes overwhelming his Republican challenger, Danniel Maio, who received 7,387 votes.
of New York State government. During the administration of Governor George Pataki
, Silver was criticized for participating in a "three men in a room" system of government in which Silver, the governor, and Senate Majority Leader Joseph Bruno
exercised nearly all control over government business in the state.
Silver has taken major contributions from the Dolan family, owners of Cablevision, the Knicks, the Rangers, and Madison Square Garden, and then personally brought a stop to the development of the West Side Stadium for the Jets, which Cablevision strongly opposed because it would pull revenue from Madison Square Garden.
At times, Silver has been criticized as being aloof. In 2000, an editorial
written in response to the failed 2000 coup against his power in The Buffalo News
attributed that aloofness to having too much power:
Silver has long been criticized for his employment with Weitz & Luxenberg, one of the state's larger litigation firms. This has led some to accuse Silver of having a conflict of interest, as he has consistently blocked medical malpractice and other tort reform
in Albany. Weitz & Luxenberg insists that Silver's ties with the firm are "negligible" but Silver has refused to disclose the details of his employment or the salary he receives from the law firm.
In 2005, commentator Bill O'Reilly
of the Fox News Channel
lambasted Silver for blocking legislation that would mandate restrictions on child molesters after their sentences are finished (including possibly forcing them to become permanent residents in psychiatric wards).
In May, 2006, when legislators proposed a law to eliminate the state's 5-year statute of limitations
on rape charges, Silver tied the legislation to a proposal to eliminate a 10-year statute on filing civil lawsuits. In the ensuing controversy, then gubernatorial candidate Elliot Spitzer sided against Silver saying "...the two should not be held hostage, one to the other."
A former top aide to Silver, J. Michael Boxley, has been accused of raping two women while he was working for the speaker. Silver was said to have assisted in failing to properly investigate the Crothers case and of tolerating a culture of sexual harassment in the Assembly. In 2006, Mr. Silver and the Assembly leadership agreed to pay $500,000 to settle a lawsuit regarding this matter.
After the resignation of State Comptroller Alan G. Hevesi in December 2006, Silver and Governor Eliot Spitzer
attempted to work on a compromise on the appointment of a new Comptroller. According to the New York State constitution, the full legislature (Assembly and Senate) takes a majority vote for the replacement of certain Statewide offices. However, Silver has enough Democrats in his conference to pass anything he wants in a joint session without any Senate votes at all, giving him enormous power. The alleged deal was that a Blue Ribbon panel would formulate a list of up to five nominees. The panel, partially consisting of three former comptrollers, Edward V. Regan, H. Carl McCall, and former New York City Comptroller Harrison J. Goldin
, ultimately put forward three candidates, none of whom were members of the State legislature. They were: Nassau County Comptroller, Howard S. Weitzman, commissioner of the New York City Department of Finance
, Martha E. Stark, and William J. Mulrow, an investment banker who ran for state comptroller in 2002.
Silver, expressing disappointment in what he deemed as a broken promise by Spitzer, organized the legislature to approve sitting Assemblyman Thomas DiNapoli
as the new state comptroller.
Spitzer has since steadily attacked Silver and the Legislature for their maneuver, until he resigned from office due to a prostitution scandal.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. He has held the office of Speaker
Speaker of the New York State Assembly
The Speaker of the New York State Assembly is the highest official in the New York State Assembly, customarily elected from the ranks of the majority party....
of the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
since 1994.
Personal life
An Orthodox JewOrthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
of eastern European descent, Silver has lived all his life on Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
's Lower East Side
Lower East Side
The Lower East Side, LES, is a neighborhood in the southeastern part of the New York City borough of Manhattan. It is roughly bounded by Allen Street, East Houston Street, Essex Street, Canal Street, Eldridge Street, East Broadway, and Grand Street....
. He lives with his wife Rosa a few blocks from their children and her parents. Friends regard him as rather cautious and reserved, though with a good sense of humor.
He graduated from the Rabbi Jacob Joseph High School
Rabbi Jacob Joseph School
The Rabbi Jacob Joseph School is an Orthodox Jewish day school located in Staten Island, New York that serves students from nursery through twelfth grade. The school was founded in 1903 and named in honor of Rabbi Jacob Joseph, chief rabbi of New York City's Association of American Orthodox Hebrew...
on Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
's Henry Street. He was athletic and captain of the basketball team. He spent his undergraduate years at Yeshiva University
Yeshiva University
Yeshiva University is a private university in New York City, with six campuses in New York and one in Israel. Founded in 1886, it is a research university ranked as 45th in the US among national universities by U.S. News & World Report in 2012...
and obtained a law degree from Brooklyn Law School
Brooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...
. By the time he became Speaker of the Assembly, he was known to play basketball with other high-ranking officials, including former Governor Mario Cuomo
Mario Cuomo
Mario Matthew Cuomo served as the 52nd Governor of New York from 1983 to 1994, and is the father of Andrew Cuomo, the current governor of New York.-Early life:...
and Alan G. Hevesi the former New York State Comptroller. In addition to his duties in the Assembly he is an Of Counsel member in the Manhattan personal injury law firm of Weitz & Luxenberg.
Political career
Silver was first elected to the Assembly in 1976, and became Speaker on February 11, 1994. He replaced Saul WeprinSaul Weprin
Saul Weprin was an American attorney and politician. He was a Democratic member from Queens County of the New York State Assembly, and served as its Speaker from December 1991 until his death.-Early life and career:...
, who had recently suffered a stroke and whose sons David
David Weprin
David I. Weprin is a Democratic member of the New York State Assembly, representing District 24 in Queens since 2010. He was previously a member of the New York City Council, representing district 23...
and Mark
Mark Weprin
Mark Weprin represents District 23 in the New York City Council, which contains the Queens neighborhoods of Bellerose, Floral Park, Fresh Meadows, Glen Oaks, Holliswood, Hollis Hills, Oakland Gardens and Queens Village.-Career:...
currently serve on the New York City Council
New York City Council
The New York City Council is the lawmaking body of the City of New York. It has 51 members from 51 council districts throughout the five boroughs. The Council serves as a check against the mayor in a "strong" mayor-council government model. The council monitors performance of city agencies and...
and in the State Assembly respectively. He represents the 64th Assembly District, comprising much of lower Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, notably the former World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
site. He has a reputation as a liberal of the Lyndon Johnson mold.
In 1987, Silver, as an attorney, represented residents who sued to stop the City of New York from housing inmates on a former military barge that had last been used by the British in the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
. The residents, concerned that the barge would be disruptive to the neighborhood, argued that New York City had not followed required procedures in approving the plan. New York City argued in response that it was struggling with an overcrowded jail capacity and was therefore entitled to use the "emergency" exemption from the normal requirements. On February 26, 1988 an appeals court ruled that the inmates could be housed on the barge.
In the past, Silver has been critical of state fiscal policy. He was the chairman of the Assembly's Ways and Means Committee from 1992 to 1994, selected after Weprin replaced former Speaker Mel Miller
Mel Miller
Melvin H. Miller is an American lawyer and politician.-Life:He graduated from Brooklyn College and New York University School of Law. He was admitted to the bar in 1964, and is a member of the New York County Lawyers Association...
.
In December 1993, he criticized then New York City Mayor-Elect Rudy Giuliani
Rudy Giuliani
Rudolph William Louis "Rudy" Giuliani KBE is an American lawyer, businessman, and politician from New York. He served as Mayor of New York City from 1994 to 2001....
's appointment for budget director, Abraham M. Lackman, as "a person whose primary function [as director of fiscal studies for the State Senate Finance Committee] has been to limit the benefits for New York City."
Silver was instrumental in the reinstatement of the death penalty in New York State in 1995. The bill passed was ruled unconstitutional by the New York State Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
(see People v. LaValle
People v. LaValle
People v. LaValle, 3 N.Y.3d 88 , was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of the statute's direction on how the jury was to be instructed...
), as the law stipulated that if jurors were deadlocked between sentences of life without parole and execution, the court would sentence the defendant to life imprisonment with parole eligibility after serving 20 to 25 years. The Court ruled that in such a case, execution would seem unfairly preferable to the jury. New York's crime rate had dropped significantly in the 10 years since the law was passed, without seeing an execution. Silver let the law expire in 2005 without much debate. In December 2005, after two New York City police officers were killed in as many months, Pataki called for reinstatement of the death penalty. The New York Times quoted Silver's spokesman Charles Carrier as saying, "He no longer supports [capital punishment] because Assembly hearings have shown it is not the most effective way to improve public safety.”
In 1999, Silver was instrumental in the repeal of New York City's commuter tax
Commuter tax
A commuter tax is a tax levied upon persons who work in a jurisdiction, but who do not live in that jurisdiction...
, which taxed non-resident workers similarly to city residents. This was a great benefit to those commuting to work in the city from surrounding areas, but came at a tremendous cost to his own NYC constituents. Silver was criticized by city leaders for removing the tax, and though after 9/11 he has suggested he would support reinstating it, he has taken no steps to do so.
In 2000, Silver faced an attempted coup in the Assembly as members, primarily from Upstate New York
Upstate New York
Upstate New York is the region of the U.S. state of New York that is located north of the core of the New York metropolitan area.-Definition:There is no clear or official boundary between Upstate New York and Downstate New York...
, tried to overthrow him. Michael Bragman
Michael Bragman
Michael J. Bragman is a former member of the New York State Assembly. He lost his position as majority leader of that body in 2000, after leading a coup against Assembly Speaker Sheldon Silver....
, one of the leaders of the backlash, lost his position as majority leader of the Assembly
On June 7, 2005, Silver blocked the proposal to build the West Side Stadium
West Side Stadium
The West Side Stadium was a proposed football stadium to be built on a platform over the rail yards on the West Side of Manhattan in New York City....
in the area of Hell's Kitchen
Hell's Kitchen, Manhattan
Hell's Kitchen, also known as Clinton and Midtown West, is a neighborhood of Manhattan in New York City between 34th Street and 59th Street, from 8th Avenue to the Hudson River....
. This project was heavily promoted by Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
, who claimed that it was crucial to New York's failed bid to host the 2012 Olympics. He was also involved in blocking the proposed Moynihan Station, a project which would have replaced Manhattan's aging Penn Station, as well as legislation that would stop city employees from collecting potentially-fraudulent duplicate retirement payments from multiple sources. In July 2007, Silver was a key voice of opposition to Mayor Bloomberg's congestion pricing
New York congestion pricing
New York congestion pricing was a proposed traffic congestion fee for vehicles traveling into or within the Manhattan central business district of New York City...
program and when a meeting of the Democratic Assembly Conference indicated the proposal lacked support, Silver declined to schedule a vote on the measure and it died. Although Silver personally stated that he would have "probably would have voted for the bill" on congestion pricing, a majority of his conference strongly opposed the proposed plan. Proponents argued it would reduce traffic congestion and vehicle emissions, lead to less crowded streets, and raise much-needed funds for public transportation, while opponents objected to the notion of a new driving tax.
In 2008, he had his first Democratic primary in over two decades beating his challengers, Paul Newell and Luke Henry, winning 7,037 votes. Newell and Henry received 2,401 and 891 votes respectively. He was reelected on November 4 with 27,632 votes overwhelming his Republican challenger, Danniel Maio, who received 7,387 votes.
Criticism
As the chief officer of one house of a state legislature known for its political inertia (the 2005 New York state budget was the first in 20 years to pass the Assembly on time), Silver has often been criticized as characteristic of the inside power structurePower structure
Power Structure may refer to:* Hierarchy* The Establishment...
of New York State government. During the administration of Governor George Pataki
George Pataki
George Elmer Pataki is an American politician who was the 53rd Governor of New York. A member of the Republican Party, Pataki served three consecutive four-year terms from January 1, 1995 until December 31, 2006.- Early life :...
, Silver was criticized for participating in a "three men in a room" system of government in which Silver, the governor, and Senate Majority Leader Joseph Bruno
Joseph Bruno
Joseph L. Bruno is an American businessman, and Republican politician. He was the Temporary President of the New York State Senate and its majority leader. Most recently he also served as Lieutenant Governor of New York ....
exercised nearly all control over government business in the state.
Silver has taken major contributions from the Dolan family, owners of Cablevision, the Knicks, the Rangers, and Madison Square Garden, and then personally brought a stop to the development of the West Side Stadium for the Jets, which Cablevision strongly opposed because it would pull revenue from Madison Square Garden.
At times, Silver has been criticized as being aloof. In 2000, an editorial
Editorial
An opinion piece is an article, published in a newspaper or magazine, that mainly reflects the author's opinion about the subject. Opinion pieces are featured in many periodicals.-Editorials:...
written in response to the failed 2000 coup against his power in The Buffalo News
The Buffalo News
The Buffalo News is the primary newspaper of the Buffalo – Niagara Falls metropolitan area, and the area's only daily newspaper. It is the only newspaper owned by Berkshire Hathaway.-History:...
attributed that aloofness to having too much power:
- The problem–which also exists in the State Senate–can be boiled down to a single overarching issue: The Assembly speaker has too much power. He controls everything, from the legislation that can be voted on to how his normally docile members vote on it. He decides what the Assembly will accept in a state budget. He negotiates secretly with the other two leaders to hammer out important, expensive and far-reaching laws. And he ignores the wishes of less exalted lawmakers.
Silver has long been criticized for his employment with Weitz & Luxenberg, one of the state's larger litigation firms. This has led some to accuse Silver of having a conflict of interest, as he has consistently blocked medical malpractice and other tort reform
Tort reform
Tort reform refers to proposed changes in common law civil justice systems that would reduce tort litigation or damages. Tort actions are civil common law claims first created in the English commonwealth system as a non-legislative means for compensating wrongs and harm done by one party to...
in Albany. Weitz & Luxenberg insists that Silver's ties with the firm are "negligible" but Silver has refused to disclose the details of his employment or the salary he receives from the law firm.
In 2005, commentator Bill O'Reilly
Bill O'Reilly (commentator)
William James "Bill" O'Reilly, Jr. is an American television host, author, syndicated columnist and political commentator. He is the host of the political commentary program The O'Reilly Factor on the Fox News Channel, which is the most watched cable news television program on American television...
of the Fox News Channel
Fox News Channel
Fox News Channel , often called Fox News, is a cable and satellite television news channel owned by the Fox Entertainment Group, a subsidiary of News Corporation...
lambasted Silver for blocking legislation that would mandate restrictions on child molesters after their sentences are finished (including possibly forcing them to become permanent residents in psychiatric wards).
In May, 2006, when legislators proposed a law to eliminate the state's 5-year statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
on rape charges, Silver tied the legislation to a proposal to eliminate a 10-year statute on filing civil lawsuits. In the ensuing controversy, then gubernatorial candidate Elliot Spitzer sided against Silver saying "...the two should not be held hostage, one to the other."
A former top aide to Silver, J. Michael Boxley, has been accused of raping two women while he was working for the speaker. Silver was said to have assisted in failing to properly investigate the Crothers case and of tolerating a culture of sexual harassment in the Assembly. In 2006, Mr. Silver and the Assembly leadership agreed to pay $500,000 to settle a lawsuit regarding this matter.
After the resignation of State Comptroller Alan G. Hevesi in December 2006, Silver and Governor Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
attempted to work on a compromise on the appointment of a new Comptroller. According to the New York State constitution, the full legislature (Assembly and Senate) takes a majority vote for the replacement of certain Statewide offices. However, Silver has enough Democrats in his conference to pass anything he wants in a joint session without any Senate votes at all, giving him enormous power. The alleged deal was that a Blue Ribbon panel would formulate a list of up to five nominees. The panel, partially consisting of three former comptrollers, Edward V. Regan, H. Carl McCall, and former New York City Comptroller Harrison J. Goldin
Harrison J. Goldin
Harrison Jay Goldin is a lawyer and former New York politician. He served as New York City Comptroller from 1974 to 1989. He was a member of the New York State Senate from 1966 to 1973 and ran in the 1989 Democratic Primary election for Mayor of New York...
, ultimately put forward three candidates, none of whom were members of the State legislature. They were: Nassau County Comptroller, Howard S. Weitzman, commissioner of the New York City Department of Finance
New York City Department of Finance
The New York City Department of Finance is the local taxation agency of New York City. The New York City Sheriff's Office is its civil enforcement arm.-Mission statement:The Department's primary operational goals are:...
, Martha E. Stark, and William J. Mulrow, an investment banker who ran for state comptroller in 2002.
Silver, expressing disappointment in what he deemed as a broken promise by Spitzer, organized the legislature to approve sitting Assemblyman Thomas DiNapoli
Thomas DiNapoli
Thomas P. DiNapoli is the 54th Comptroller of the state of New York. He is a former state assemblyman in New York, who was appointed as New York State Comptroller on February 7, 2007. He was formerly the Chairman of the Assembly Environmental Conservation Committee. DiNapoli is a Democrat from...
as the new state comptroller.
Spitzer has since steadily attacked Silver and the Legislature for their maneuver, until he resigned from office due to a prostitution scandal.