Legislature must fix bad term-limit law

Saturday, January 6, 2007 11:24 PM EST

County Legislature Chairman George Fearon successfully executed the resignation loophole last week. He stepped down from his legislator post on Dec. 31 so he could be eligible to collect retirement benefits from his other public sector job in the Union Springs Central School District, and then he got his county job back two days later when his Legislature colleagues re-appointed him. As a bonus, they also made him chairman for another year.
While we found Fearon's move, also taken in recent years by legislators Ann Petrus and Steven Netti for various reasons, to be deplorable, at least it served as a helpful reminder that the Legislature has a major piece of unfinished business to address. It needs to fix the flawed county legislator term-limit law.

This 1995 law approved by county voters limits service on the Legislature to 12 consecutive years. But some people read the word consecutive as meaning no breaks whatsoever - even for a few days when you have every intention of coming back.

County attorney Fred Westphal holds that interpretation, which effectively means that Petrus, Netti and now Fearon all have started their term limit clocks over.

Both Petrus and Fearon have said they don't intend to serve beyond the limits established prior to their temporary resignations. In other words, they will abide by the spirit of the law. But you can't count on everyone doing that, which is why this Legislature needs to get the law fixed.

There was momentum for a fix early in 2006, but nothing materialized. Perhaps the business of hiring a county manager and then dealing with the asbestos scandal was a distraction. But that's a poor excuse.

We urge lawmakers to make it a priority to get a proposed revision to the term limit law - one that has no loopholes - before voters this fall, and that means they have to get to work quickly.

The Citizens' Say

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There are 4 comment(s)

Hammer wrote on Jan 7, 2007 12:01 PM:

" I agree with the Citizen's earlier comments prior to the vote to re-appoint gorge, It is a scam or was that a sham to george the taxpayers. "Same ting!"(sic).But as I understand it if you are doing federal time you do not collect pension and you are not able to be re-appointed upon release. I hear they are holding the prison Librarian job open.Have a nice trip to the Library. "

Sterling reader wrote on Jan 7, 2007 10:17 AM:

" What is "deplorable" is your condemnation of a practice that is forced upon us by a flawed system and your apparent ignorance of the facts. If a Town Board member(at $1500.00 per year),paid planning board member, Town Justice, etc. is retiring from a full time occupation in the State retirement system, it is mandated that he/she leave all positions relevent to that system for the one day that the retirement is effective. I fully agree that these temporary breaks should not constitute the beginning of a new term. But to force these people out, when many are willing to put in much more time than they are compensated for now that they are retired, would be a great loss to many Towns and Villages. "

Jerry Morgan Sr wrote on Jan 7, 2007 5:26 AM:

" George Fearon also stated that he will not double dip the system. Well if that statement were true, does he intend to resin again before he reaches his 10th year in office? If not, then when Mr Fearon reaches his 10th year he will be vested in the retirement system and he will recieve a retirement check from the county. The whole 12 year term limit was a scam. The 12 year limit still benefits the politican, not the taxpayer. They will still collect a percentage of a pension because they will be vested. And the more they make, i.e, pork handed out in the form of chairing committees, or majority, minority, leaders, the higher the percentage for their retirement. That whole 6th floor is nothing more than a scam to benefit the self serving politician. I only wish this paper would address that. "

I agree Limit term to 12 wrote on Jan 7, 2007 1:03 AM:

" years and go on with life. Thank you for your service, and hopefully it was good, then let someone else serve. The loophole should be corrected. But this time leave nothing to interpretation. Spell it out so it is clear otherwise we haven't seen the last of this. Thank you "

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