Time's up for Netti's seat on the legislature

Cayuga County Legislator Steven Netti is apparently ready to return after being absent for more than a year because of serious health problems.

And while it's admirable that he's making an attempt to return, we do not believe he should remain on the legislature in 2008.

The issue has nothing to do with his health or with his long absence; His 12-year term limit expires at the end of this month.

County voters in 1995 passed a resolution limiting legislative terms to 12 years.

The law was tweaked this year over a discrepancy between the words “years” and “terms,” but the original law still applies in this case, as it does to Legislator Mike Lepak, who did not run for re-election this year because his 12-year limit was also set to expire Dec. 31.

On Dec. 30 2005, Netti, having recently won re-election, resigned his seat. He was then sworn in two days later, believing he had “re-started” his 12-year limit.

That sham did not sit well with many, and Democratic legislators challenged the validity of the short-term resignation.

Perhaps believing that Netti's ensuing health problems made the argument moot, the challenge was never followed through, and the ability of a legislator to circumvent the rules remains unsettled.

Netti still has an opportunity to do the right thing and follow Lepak's example. If the people vote for term limits, you need to step down when your time is up, not try to find a way to get around the rule.

But since Netti has indicated he believes he can continue to lawfully serve, it is now imperative that the Legislature move quickly and figure out a way to prevent him from continuing to serve as a member in 2008.

Whether it's been 12 years or three terms, Netti will have served his legally allowable length of time on Dec. 31.