AUBURN - Unclear wording in Cayuga County law may force three legislators - including Chairman Herb Marshall - to resign in 2008 if they are re-elected in November.

According to a local law that took effect in 1996, legislators may not serve more than 12 consecutive years in office. Any service before January 1996 was not considered.

"The intent of the law was to change legislators' terms and stagger them," said Dennis Sedor, county Democratic election commissioner.

But it has created a problem for legislators who, if elected, will hit the 12-year mark in the middle of their terms. Legislature Chairman Herb Marshall, R-Throop, and Auburn Republicans Steve Netti and Sam DeRosa were on the Legislature when the change was made.

Sedor and Republican Commissioner Cherl Heary alerted the county's Government Operations committee to the problem Tuesday. The state elections board takes the stance that it is the Legislature's problem, not the election commissioners'.

"It's more of a functional problem for this Legislature and how they would deal with it," Sedor said. "The problem won't correct itself."

The law is inconsistent with itself, Sedor said, and could be ruled unconstitutional. But rulings of constitutionality can only be made by a judge, said county attorney Fred Westphal.

Changing the wording of the local law would require a public referendum.

The county could have to hold a special election to bring up the referendum, Westphal said.

If the situation is not addressed, term limits could become an election issue, Sedor said. Challengers in those three races could tout they can deliver four years in office while their incumbent opponents could only stay for two years.

It could also raise issues of disenfranchising voters in those three districts, Marshall said. If the affected legislators step down, then the remaining legislators would appoint their replacements.

"My concern is because of the number involved, the board, not the people, are going to be determining the makeup of the board," Marshall said.

In other news:

- The committee asked Westphal to revise the current proposal for a "professional administrative assistant" to the Legislature chairman.

After reviewing a draft local law to establish a county manager, the committee felt that some job characteristics from that proposal could be incorporated into the administrative assistant's duties.

- The committee unanimously approved a resolution proposed by legislator Bill Catto, R-Auburn, to abolish the Legislature's pre-meeting, which usually takes place at 5:45 p.m.

The 45-minute pre-meeting was originally intended to make time for presentations or for legislators to ask questions of department heads before voting on a resolution during the meeting, said Lee Brew, clerk of the Legislature.

Staff writer Liz Hacken can be reached at 253-5311 ext. 267 or

elizabeth.hacken@lee.net