Legislature expected to fill seat this month

Wednesday, November 14, 2007 11:10 AM EST

ByShane M. Liebler / The Citizen
AUBURN - The Cayuga County Legislature may fill one vacant seat in a few weeks and deal with another in 2008.

At the next meeting of the full legislature, Tuesday, Nov. 27, District 3 Legislator-elect David Axton plans to request an appointment to the seat left vacant by Bernard Smith, who died in August. Axton won a special election last week for Smith's unexpired term that runs through 2010.

“I'm ready,” said Axton, R-Mentz. “I've been trying to hit all the meetings so I can prepare, and this would add to that.”

Another empty seat may stay that way for a while. District 14 Legislator Steven Netti, R-Auburn, has not attended a Legislature meeting in more than a year due to serious health problems.

“Once you're voted in, whether you show up at meetings or participate is voluntary,” Ways and Means Committee Chairman Paul Dudley said, adding it's his understanding Netti can continue to collect a paycheck and benefits for the final two years of his term unless he resigns.

Netti resigned his seat on Dec. 30, 2005 and was sworn in two days later to restart his service and to avoid the 12-year term limit law. The validity of that resignation was challenged, but never settled.

Netti's original 12 years would end Dec. 31. County voters last week passed a law that redefines the county's term-limit law as three consecutive terms instead of 12 years. The amended law takes effect Jan. 1, 2008.

County Attorney Fred Westphal was not available for comment Tuesday. The situation should at least be discussed once the legislature is sworn in and reorganized in 2008, Axton said.

“Definitely something needs to be done,” he said. “I'm surprised there's not something in place to deal with a situation like this.”

If Axton is appointed later this month, the Legislature will continue operate with 14 members.

Staff writer Shane Liebler can be reached at 253-5311 ext. 248 or shane.liebler@lee.net

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