The Citizen
Linda Ober
The Citizen
AUBURN - The Cayuga County Legislature's Government Operations Committee has taken the first step toward fixing a term-limit law that over the past year has plagued some lawmakers with problems.
Legislators are now reviewing two versions of a proposed amendment to the 1995 local law. That original law states that no legislator can serve for more than 12 consecutive years, and many have classified it as a year limit rather than a term limit.
Dan Schuster, D-Auburn, who has worked with County Attorney Fred Westphal on revising the law, is hopeful that an amendment will clear up any confusion about what defines a term.
One version specifically leaves out any reference to the word “consecutive” and defines terms by days instead of years. It also spells out regulations for when to consider appointments as service.
Any amendment that the public votes on will likely not be retroactive, however, meaning that seated legislators will have to live with the consequences of the current law, Schuster said Tuesday at a Government Operations Committee meeting.
The term-limit law has been a subject of much debate, considering a supposed loophole that it offers.
The issue first came into the spotlight in October 2005, when Ann Petrus, R-Brutus, decided to step down so that she could legally receive retirement benefits from her other position as executive director of the water and sewer authority.
She was reappointed to her seat four days later, essentially resetting the clock for her 12 years because there was a break in service.
Then, on Dec. 30, Steve Netti, R-Auburn, resigned from the Legislature. Two days later, he was automatically sworn in as the legislator for District 15, having won his seat in November's election.
Had he not resigned, he would only have been able to serve until 2007.
Some legislators have questioned the validity of the loophole, but it has not been challenged legally.
Westphal has said that it's too early to see what action the Legislature - or county residents - can take should Netti not step down Dec. 31, 2007, the day Netti would reach his 12-year mark.
The issue also affects Ray Lockwood, R-Aurelius, who as of now must step down mid-term in 2008.
The Government Operations Committee is going to review the documents and get a second opinion on them from the New York State Association of Counties.
It will be on the agenda at next month's committee meeting.
In other news:
€ Government Operations Committee Chairman Paul Dudley, R-Cato, wants the Legislature to stop treating the county's contingency fund as if it were “a candy store.”
The Legislature needs to find other means of funding projects, rather than going to contingency every time, Dudley said.
Legislature Chairman George Fearon, R-Springport, agreed. The Legislature has already spent $72,726 of the $394,400 fund, he said.
“We need to slow our pace,” Fearon said, noting that some of the remaining funding has been earmarked for expenses associated with the hiring of a county manager. “That's a very big bite.”
€ Legislators tabled a discussion on whether or not to formulate a request for proposal regarding a comprehensive space needs study, though it was generally agreed that such a study would have to be budgeted for and not taken out of contingency.
“(We've) got to have the guts to put it in our budget to pay for what we need to do,” Fearon said of any long-term planning.
€ The county may be on its way to solving the space needs for at least one of its short-term problems: where to store 100 new voting machines.
The Board of Elections needs approximately 2,100 square feet of storage space, which the county must purchase to be in compliance with the federal Help America Vote Act.
Fearon said it would cost about $10,000 to renovate the fourth floor of the old county jail on Court Street, which is now home to some records but is mostly vacant.
Many of the renovations, including adding heating and air conditioning, could be budgeted for 2007, Dudley said.
Republican Election Commissioner Cherl Heary said that despite a small and slow elevator, the jail would be ideal for storage because of its proximity to the board of elections. The Government Operations Committee will tour the proposed location next month.
Staff writer Linda Ober can be reached at 253-5311 ext. 237 or linda.ober@lee.net
The Citizen
AUBURN - The Cayuga County Legislature's Government Operations Committee has taken the first step toward fixing a term-limit law that over the past year has plagued some lawmakers with problems.
Legislators are now reviewing two versions of a proposed amendment to the 1995 local law. That original law states that no legislator can serve for more than 12 consecutive years, and many have classified it as a year limit rather than a term limit.
Dan Schuster, D-Auburn, who has worked with County Attorney Fred Westphal on revising the law, is hopeful that an amendment will clear up any confusion about what defines a term.
One version specifically leaves out any reference to the word “consecutive” and defines terms by days instead of years. It also spells out regulations for when to consider appointments as service.
Any amendment that the public votes on will likely not be retroactive, however, meaning that seated legislators will have to live with the consequences of the current law, Schuster said Tuesday at a Government Operations Committee meeting.
The term-limit law has been a subject of much debate, considering a supposed loophole that it offers.
The issue first came into the spotlight in October 2005, when Ann Petrus, R-Brutus, decided to step down so that she could legally receive retirement benefits from her other position as executive director of the water and sewer authority.
She was reappointed to her seat four days later, essentially resetting the clock for her 12 years because there was a break in service.
Then, on Dec. 30, Steve Netti, R-Auburn, resigned from the Legislature. Two days later, he was automatically sworn in as the legislator for District 15, having won his seat in November's election.
Had he not resigned, he would only have been able to serve until 2007.
Some legislators have questioned the validity of the loophole, but it has not been challenged legally.
Westphal has said that it's too early to see what action the Legislature - or county residents - can take should Netti not step down Dec. 31, 2007, the day Netti would reach his 12-year mark.
The issue also affects Ray Lockwood, R-Aurelius, who as of now must step down mid-term in 2008.
The Government Operations Committee is going to review the documents and get a second opinion on them from the New York State Association of Counties.
It will be on the agenda at next month's committee meeting.
In other news:
€ Government Operations Committee Chairman Paul Dudley, R-Cato, wants the Legislature to stop treating the county's contingency fund as if it were “a candy store.”
The Legislature needs to find other means of funding projects, rather than going to contingency every time, Dudley said.
Legislature Chairman George Fearon, R-Springport, agreed. The Legislature has already spent $72,726 of the $394,400 fund, he said.
“We need to slow our pace,” Fearon said, noting that some of the remaining funding has been earmarked for expenses associated with the hiring of a county manager. “That's a very big bite.”
€ Legislators tabled a discussion on whether or not to formulate a request for proposal regarding a comprehensive space needs study, though it was generally agreed that such a study would have to be budgeted for and not taken out of contingency.
“(We've) got to have the guts to put it in our budget to pay for what we need to do,” Fearon said of any long-term planning.
€ The county may be on its way to solving the space needs for at least one of its short-term problems: where to store 100 new voting machines.
The Board of Elections needs approximately 2,100 square feet of storage space, which the county must purchase to be in compliance with the federal Help America Vote Act.
Fearon said it would cost about $10,000 to renovate the fourth floor of the old county jail on Court Street, which is now home to some records but is mostly vacant.
Many of the renovations, including adding heating and air conditioning, could be budgeted for 2007, Dudley said.
Republican Election Commissioner Cherl Heary said that despite a small and slow elevator, the jail would be ideal for storage because of its proximity to the board of elections. The Government Operations Committee will tour the proposed location next month.
Staff writer Linda Ober can be reached at 253-5311 ext. 237 or linda.ober@lee.net
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