Will he return to the Niagara County Legislature next year?

Only Sean O’Connor knows for sure and, as of Thursday, he’s not saying.

Repeated telephone calls seeking comment from O’Connor were not returned, leaving open the question of what will happen Jan. 1 when the “former” lawmaker is scheduled to be sworn in for a new, two-year term.

“When I first decided to run for a seat on the Niagara County Legislature, I did so believing it to be an opportunity to give back to my community, which has been good to me,” O’Connor said in a statement released to the media this week. “I have served proudly, knowing that my decisions were always made in what I believe to be the best interests of my district.”

O’Connor resigned from office last week to avoid losing lifetime medical benefits provided to him as a veteran of county government. He has represented the Legislature’s 5th District in Niagara Falls for 22 years. He was first appointed to the post in June 1985 when he replaced his father, Lloyd, who served the district for 10 years.

In his statement, O’Connor cites the partisan politics involved in the health insurance issue as his primary motivation for leaving office. He did not, however, say that he’s done with politics for good, nor did he offer any indication of what he intends to do about his legislative seat next year.

“This certainly has been a very difficult and stressful time ... not just for me, but for my wife, Doreen, and for my entire family, during this whole ordeal,” O’Connor said. “It certainly has ruined our Christmas spirit.”

By leaving office last week, O’Connor seems to have found a way to maintain free, lifetime health insurance from the county. Such benefits were owed to him under a 1998 resolution that provided lawmakers with more than 20 years of service with full coverage free of charge. In June, those eligibility guidelines were altered so that any lawmaker with O’Connor’s years of experience would have to pay 50 percent of their premiums if they were sworn in Jan. 1. By resigning when he did, O’Connor becomes immediately eligible for free coverage, while retaining his ability to return to office next year.

Niagara County Attorney Claude Jeorg said he fully expects O’Connor to return to office and said, legally, there’s nothing that would prevent him from doing so. He added that there may be some questions about O’Connor’s health insurance eligibility, some of which may be answered by the county’s insurance department and others that may require court action to sort out.

“There’s no prohibition for him to get sworn in on the first of the year,” Jeorg said.

O’Connor called the Republicans’ handling of the health insurance issue “politics at its worst” and said his opponents tried to use the potential loss of coverage to deter him from seeking re-election this year.

“Isn’t it ironic, that this resolution was introduced right before designating petitions (for elections) were to be circulated?,” O’Connor said. “I certainly have to believe that this mean-spirited resolution was a Republican Party driven political tactic that was used as an attempt to prevent me from seeking re-election.”

He pointed to former colleague Mal Needler, a North Tonawanda Republican, as evidence that politics was in play. He noted that Needler, who did not seek re-election this year, will receive 100 percent county-paid coverage for his 20 years of service simply because he will not be sworn in for duty in 2008.

“I have over 22 years and became eligible for this benefit over two years ago and now I should be penalized?” O’Connor said. “Is it because I am a Democrat and belong to the minority party?”

Majority Leader Jason Murgia, a Niagara Falls Democrat who caucuses with the GOP, said O’Connor’s wrong to suggest the health insurance issue was politically motivated. He said the change in rules governing legislative benefits could eventually impact several long-time Republican legislators as well, including veterans like Clyde Burmaster and Gerald Farnham. The intention, he said, was to trim the county’s overall health insurance costs in an effort to save taxpayers’ money.

“What’s unfortunate is that they are leaving out the fact that this has impacted people on the majority side, not just the minority side,” Murgia said. “All these people can qualify for lifetime health insurance benfits. It’s not just Sean O’Connor. If it’s politics, then we hurt our own people as well.”