OWASCO - In 2005, Cayuga County Legislator Ann Petrus resigned from her seat temporarily to receive state retirement benefits from her former employer, the Cayuga County Water and Sewer Authority.

The resignation is required by state law and that's the only reason why she resigned, Petrus said, telling county officials in response to a motion presented before the Legislature to revise the proposed term limit law.

On Tuesday afternoon at Emerson Park, Petrus and nine other legislators voted down a motion to amend the proposed local law introduced by Peter Tortorici, R-Auburn. Legislators authorized a bill 12-2 to set a public hearing for June 26 to publicly discuss amendments to the proposed term limit.

The proposed local law states that no person shall be elected to more than three legislative terms on the Legislature. Tortorici proposed to add a statement at the end of this law stating that the resignation of a legislative seat cannot be filled by reappointment of the resigning legislator.

“I think we cleaned up a couple concerns we had but there are still a few loopholes,” Tortorici said.

Petrus, among other legislators, including Legislature Chairman George Fearon, recently retired from jobs that mandated they also must temporarily resign from other payroll occupations to receive retirement benefits. Petrus said the need to acquire the benefits was the only reason she was required to resign from the Legislature. She called Tortorici's motion “malarkey” stating that the only reason people retire temporarily to receive retirement benefits is because they are mandated to.

“These legislators knew when they took their seat and what their retirement situation was,” said David Pappert, R-Auburn. “Why do voters have to be inconvenienced?”

The proposed law eliminates the words consecutive and 12 years, two parts of the current law that legislators believe cause the most confusion.

If the law is eventually approved, all legislators will legally have the opportunity to reset their three terms. The opportunity is something legislators don't have control over but is mandated when creating local laws.

In other news:

- A request by Cayuga County legislators to the state to increase the county's occupancy tax from 3 to 5 percent has been introduced to both the state Assembly and Senate.

- Legislators unanimously authorized Cayuga County Sheriff Dave Gould to fund and fill the position of fiscal officer within the Sheriff's Department.

“The need in my mind has always been there,” said Ray Lockwood, R-Aurelius.

Legislators also authorized Gould to create the position of confidential secretary to the sheriff.

Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net