AUBURN -- Less than 48 hours after George Fearon resigned from the Cayuga County Legislature, he was handed back his legislative seat and chairman position Tuesday night.

Peter Tortorici, R-Auburn, and Daniel Schuster, D-Auburn, unsuccessfully challenged Fearon for the chairman position during the 2007 reorganizational meeting.

"I'm displeased with the outcome and concerned with the direction the Legislature is going," Tortorici said.

Four legislators voted for Tortorici while Schuster both nominated and voted for himself. Tortorici, Minority Leader Michele Sedor, David Pappert, R-Auburn, and Chris Palermo, R-Sterling, voted for Tortorici.

"I appreciate the confidence the majority expressed. You can't hold high office without some people having problems," Fearon said.

Two members of the public expressed their concerns with the reinstatement of Fearon as chairman, encouraging legislators not to vote for him.

"George Fearon violated the trust of his office. George Fearon violated the trust of the chairman's office. George Fearon violated the trust of the public," Jerry Morgan said.

Pappert first motioned to appoint Fearon to fill the District 7, Springport, legislative seat he vacated Monday in order to receive retirement benefits from Union Springs Central School, where he previously worked.

Schuster motioned to appoint Aurora Town Board Trustee, George Farenthold, to fill the seat instead. The motion was defeated 11-2.

Fearon was elected 9-4 to fill the legislative seat. Sedor, Tortorici, Pappert and Schuster voted against this reappointment.

Paul Dudley, R-Cato, nominated Fearon to serve as the 2007 chairman. Chris Palermo, R-Sterling, nominated Tortorici for the chairman and Schuster nominated himself.

"I wasn't comfortable with voting for either of the Republicans. They decide things behind closed doors," Schuster said. "Republicans have the majority, we really don't have a say right now no matter what we do."

Following Fearon's oath of both offices, he assured the audience and legislators that he will only receive only one retirement package from the school and not from the county.

"I will receive retirement benefits from only one system, but am eligible to two," Fearon said. "The county will not have to make contributions toward my retirement."

For more, read Wednesday's Citizen