This newspaper, his constituents and colleagues would like nothing more than to see state Sen. Andrew Maynard stand aside fellow lawmakers Jan. 7 and take his oath of office for a fifth term. However, that possibility grows more remote. It has now been four months since the senator from Stonington has been seen publicly.

Sen. Maynard suffered what the family describes as a traumatic brain injury when he fell down a set of stairs in the early morning hours of July 21. He continues to convalesce at the Hospital for Special Care in New Britain, a long-term acute care facility that offers specialized treatment for acquired brain injuries.

Despite his inability to campaign, voters in his 18th Senatorial District re-elected Sen. Maynard handily. The Democrat has a strong record of constituent service, a moderate political demeanor and a willingness to buck the party leadership when his views diverse with theirs.

But the question remains, can he serve and what should happen if he cannot?

The first issue is whether he will be able to take the oath of office. The Connecticut Constitution makes it clear that is a necessary step to carrying out the duties of a state senator.

It reads, "Members of the General Assembly … shall, before they enter on the duties of their respective offices, take the following oath: You do solemnly swear … that you will support the Constitution of the United States, and the Constitution of the state of Connecticut … and that you will faithfully discharge, according to law, the duties of the office."

If Sen. Maynard cannot take the oath as the session begins, he cannot serve and should resign and set the stage for a special election so that towns in the 18th District have representation in the Senate.

However in September, his sister, Denise Mahoney, released a statement to the press that Sen. Maynard "can answer 'yes' and 'no' to questions." Even if unable to attend ceremonies in Hartford, Sen. Maynard may be able to take the oath at the treatment facility. But if there is no prospect of him serving his constituents anytime soon, we would question the point of doing that.

This brings us to a second matter in this most unusual situation, the reports that Sen. Maynard may receive a special benefit from his colleagues.

In the event he cannot serve his fifth term, there are unofficial discussions about awarding the senator, by way of special legislation, the post-retirement benefits and, more critically, the lifetime health care coverage he would normally qualify for after 10 years - five terms - in office.

While empathetic with the kind motives behind these discussions, such a move would be unfair, a bad precedent and potentially unconstitutional. We oppose it.

If the legislature did take such an action, would all state employees thereafter expect such treatment if they come close to achieving a benefit milestone, but fall short due to injury or accident? Many families in the private sector face unfortunate circumstances with no expectation that government will come to their rescue to "fix" the situation for them only.

There is also the mandate set by the Connecticut Constitution that "no man or set of men are entitled to exclusive emoluments (compensation) or privileges from the community."

Ideally, none of these tough choices becomes necessary because Sen. Maynard is able to soon return to his senatorial work.