Two days before he is to take the oath of office for a new term, Cayuga County legislator Steven Netti, R-Auburn, resigned from his seat representing District 15.

Netti provided no reason for stepping down in a resignation letter submitted to the office of Cayuga County Clerk of the Legislature. But the 10-year legislator had said previously he might temporarily resign so he would not have to leave office early because of the county's 12-year term limit law.

Netti submitted his resignation at 4 p.m. Friday.

A legal loophole allows Netti to escape term limits now that he has resigned because the law states legislators cannot serve more than 12 consecutive years - it does not address non-consecutive years of service. Essentially, county lawmakers could try to use the loophole to restart the term limit clock at any time, but normally they would need the Legislature to re-appoint them to their seats.

But because Netti was elected for a new term in November, he is guaranteed his old seat back on Jan. 1. It is not clear if he will take the oath of office on Sunday.

“I think that Mr. Netti is probably going to be sworn in Jan. 1,” said Cherl Heary, Cayuga County Republican Chairwoman and

the Republican Board of Elections commissioner. “I've not heard that he's not going to be sworn in.”

Heary declined to comment on why Netti was resigning,

saying that question would have to be directed to Netti. But he did not return two phone calls Friday.

Ray Lockwood, R-Aurelius, was also considering the loophole, but it appears he has chosen not to use it.

As with Netti, the 12-year

limit could force Lockwood out of office in the middle of a four-year term.

George Fearon, R-Springport, who is expected to be elected by his peers as the next county Legislature chairman, said Lockwood is not resigning.

“I'm going to say that I know that as a fact,” Fearon said.

Still, Lockwood declined comment when reached at home Friday on whether or not he was resigning prior to the swearing-in Sunday.

Fearon also said he was not consulted by Netti on his resignation and only learned about it Friday afternoon while in the clerk's office.

If Netti chooses to not be sworn in Sunday, the new Legislature would appoint someone to take his seat until the election in fall 2006.

Sam DeRosa, R-Auburn, who was defeated by Dan Schuster, D-Auburn, this fall, also faced an early end to his next term, but said during the campaign he would not consider a short-term resignation in order to serve another full term.