AUBURN - Cayuga County's legislators won't be getting more money for their miles, despite an increase in the reimbursement rate established by the federal Internal Revenue Service.

The county's gas mileage reimbursement rate for non-bargaining employees, appointed and elected officials was capped at August's Legislature meeting at 50.5 cents per mile. The IRS earlier this summer raised the rate from that level to 58.5 cents, which is the threshold for making business travel expenses tax deductible.

The county resolution, which was passed by a 9-5 vote, also stipulates that employees must request a reimbursement within 180 days after the end of a fiscal quarter and that any changes in the reimbursement rates will have to go through the Legislature. Steven Cuddeback, George Fearon, Raymond Lockwood, Roger Mills and Daniel Sincebaugh dissented.

“Previously when the IRS changed the rate, we just automatically paid the higher rate,” said Legislature Chairman Roger Mills, R-Owasco, who wanted to continue with the fluctuating rate.

The county had $13,500 in the 2008 budget allocated for mileage reimbursement for legislators, Mills said. But he does not think that the requested amount will be enough, especially since as of August, legislators have already been reimbursed a total of $8,347.23. The county is considering $15,000 for the 2009 budget.

Currently, Cortland, Oswego, Tompkins and Wayne counties reimburse their legislators at the 58.5 cents-per-mile rate. Seneca county reimburses at a rate of 39 cents per mile.

Onondaga County does not reimburse its legislators. Most legislators in Cayuga County do not feel that is a good option.

“If the legislators are putting in their hours, they should get reimbursed,” Mills said. “The vast majority of legislators do not submit vouchers for reimbursement.”

However, Sincebaugh, D-Auburn, questioned the entire program.

“Do the taxpayers know that we're getting mileage reimbursement?” he asked during last month's meeting.

Sincebaugh believes that as a legislator, incurring charges for gas is just part of the job. Legislators are already getting paid a salary and this is a public service job, he said.

“If the legislator cared about the taxpayer, they wouldn't accept the check,” he said. “They knew when they took the job that they would have to come to Auburn.”

Sincebaugh also points to the fact that he doesn't get reimbursed for mileage to drive to his full-time job.

“So why should I get paid (for gas) for my full-time legislator job?” he asked.

Like Mills, Lockwood, R-Fleming, is in favor of having the

reimbursement rate fluctuate. He also wanted to make sure that the rate was fair for all of the employees in the county who are affected by this resolution.

“I think it's only fair that we (legislators) be reimbursed as we have done in the past,” Lockwood said. “It's fair to reimburse those who drive because it is part of the job.”

Lockwood said he would be opposed to lowering the rate to a different amount set by the Legislature because if they decide to do it for one year, that would set the bar.

Christopher Palermo, R-Sterling, drives approximately 30 miles from home any time he has to go to the county office building. The majority of his job takes place in the district he represents, he said. However, he needs to come to the meetings to discuss issues that his constituents bring up to him.

“What happens if you don't reimburse for mileage is you put people further away at a disadvantage,” he said. “It becomes a burden both time-wise and financially. Unless there's reimbursement, you're giving more weight to those legislators who live closer.”

Most county employees only get reimbursed when they are using their vehicles to conduct county business. Also, approximately 85 to 90 percent of county workers are unionized employees, said county manager Wayne Allen, meaning that they get reimbursed at the IRS rate.

But if those people wanted to live closer to their job, they could, Palermo said.

“When I'm an elected person for that district, I have to live there or I would lose my seat,” he said.

Unlike others employed by the county, legislators are on the job 24/7, said Cuddeback, R-Niles.

“Because you don't have a county car and have to respond to county business, they thought it would be only fair just to reimburse you the mileage,” he said. “I think it's fair. We're not making up an inflated figure to pad our pockets.”

Cuddeback voted against the resolution because he also believes that the reimbursement rate should fluctuate based on the cost of oil, he said.

“Let's say that oil prices went down by 50 percent,” he said. “I think the IRS reimbursement is faster and it would be more accurate. We only meet once a month so things lag. The reimbursement rate should be a direct reflection of cost.”

Although mileage reimbursement was part of the package when Cuddeback became a legislator, he said that even if legislators stop getting reimbursed for mileage, he will continue to go to meetings. Sometimes he doesn't even bother to fill out a mileage reimbursement request and it would just be one less thing for him to do, he said.

While Palermo would not support getting rid of the mileage reimbursement completely, he would consider lowering the rate for legislators, he said.

“If there was an appetite to lower it, I would give it a serious thought and look around to see what local businesses are paying,” Palermo said. “Anything that could bring us closer to accuracy, I would be in favor of.”

Staff writer Gitana Mirochnik can be reached at 253-5311 ext. 237 or gitana.mirochnik@lee.net

Mileage checks for elected officials

2008 mileage reimbursement for county legislators. Legislators not listed have not filed for reimbursement:

Name Total through August

David Axton $96.96

Christopher Palermo $1,108.98

Michael Chapman $689.73

Raymond Lockwood $362.55

Francis Mitchell $2,222.60

Ann Petrus $1,574.34

George Fearon $1,809.83

Steve Cuddeback $482.24

Total 2008 $8,347.23

Source: Cayuga County Treasurer's office