Cosentino: Process needs to be defined

By Guy Cosentino

Tuesday, March 25, 2008 11:49 AM EDT

As The Citizen reported Tuesday, the process is under way to fill the seat of recently deceased Cayuga County Legislator Steven Netti. Whoever is decided on, the process that the Legislature has used in the past has been flawed, mainly because of the non-uniform method that has been used to fill vacancies. Once this seat is filled, the Legislature should, for the sake of consistency, fairness and process, come up with a standard system for filling vacancies, including when a seat is vacated by illness for any extended time.
Netti was a very likable member of the Legislature and when he took ill more than a year ago, with the exception of a few rumblings that quickly dissipated when it looked as if those who were raising the issue were being morbid or power hungry, the issue of dealing with his absence dissolved. The result was that the voters in District 15 did not have a legislator able to vote on their behalf. Just as importantly, they didn't have someone to attend to constituent business, outside of the monthly meetings.

Not having an active legislator in place is a direct contravention of the Legislature's past premise, that voters deserve, especially during the budget process, a voting member.

In the county's recent past, who gets appointed has also been entangled with whose faction (best identified with fissures within the local Republican Party) is in power or may tip the scales of power to one group or another. On very rare occasions has it been about “giving the people of the district a voice.”

Up until recently, almost half the members of the Legislature first got there not through election, but by fulfilling the unexpired term of someone else. Putting in place a set of protocols for appointment is long overdue.

For example, what happens if the vacancy is for someone who represents the minority party; does that party make a recommendation (especially if they can claim to have won the seat) or is it always going to be the majority's choice? Should a spouse or a relative of a deceased legislator be given the opportunity to serve? Should there be a cut-off in time, for when appointments are made, so that an appointee is not given a specific electoral advantage? Should it be someone who won't run, who is “above politics” for the remainder of the term?

These are all questions that the Legislature is long overdue in addressing. One can hope they won't do what they have done in the past - make an appointment and then wait for the next time to make the rules up as they go.

Cosentino is a former mayor of Auburn and can be contacted at cozguytho@aol.com

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