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. “I would like to say to the public that this is an election year and the Republicans aren't letting public into the process. 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.”

In other news:

- Linda Murphy, R-Auburn, was designated majority leader to the Legislature. Michele Sedor, D-Sennett, was designated minority leader.

- Ann Petrus, R-Brutus, and County Coroner James Dolan were sworn into office Tuesday night.

- Bernie Smith, R-Throop, was elected county vice chairman.

- Lee Brew, clerk of the Legislature, was reinstated by the Legislature 13-1. Michael Lepak, D-Auburn, voted against the reinstatement due to a clerk salary increase.

- Legislators voted 14-0, approving the creation of an austerity spending plan for the county. A 2/3 weighted majority vote will now be required to purchase equipment more than $1,000 or to establish a Capital H project. New capital improvement or renovation expenses greater than $1,000 need the weighted majority along with any transfers from the unappropriated fund balance.

Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net