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Franklin County DA says he’ll force Malone highway superintendent to resign

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MALONE— Malone Town Highway Superintendent Thomas Shanty was charged Thursday with 10 more counts of official misconduct.

Mr. Shanty had originally been arrested May 21 by New York State Police on one count of official misconduct.

According to an email from the Franklin County District Attorney's Office, Mr. Shanty is accused of taking material from the town for his personal use and directing town employees to do private work for him while they were still being paid by the town.

• The first of the additional charges accuses Mr. Shanty of directing the town of Malone Highway Department's welder/mechanic to work on materials for private citizens while the worker was being paid by the town in June 2013.

• The second count accuses Mr. Shanty of obtaining gas from the town for personal use during the summer of 2013.

• The third count claims Mr. Shanty directed a town Highway Department employee to obtain materials in a town truck and deliver materials on town time to Mr. Shanty's private residence during the spring of 2013.

• The fourth count says Mr. Shanty directed a town Highway Department employee to use a town vehicle to obtain barrels from the county Highway Department and deliver them to Mr. Shanty's hunting camp while the town paid the employee in the early spring to the summer of 2012.

• The fifth count accuses Mr. Shanty of directing a Highway Department employee to work on a project involving Mr. Shanty's personal residence on town time and using materials and town equipment to do carpentry work for him during the fall of 2013.

• The sixth count claims Mr. Shanty directed a Highway Department employee to obtain brush clippers valued in excess of $100, which were paid for by the town, and were then taken by Mr. Shanty for personal use during the summer of 2013.

• The seventh count says Mr. Shanty directed a Highway Department employee to do welding of a personal nature for him using town materials and while being paid by the town from 2009 through 2010.

• The eighth count says Mr. Shanty used a Highway Department employee for plumbing work at his personal residence and transported the employee to and from his residence in a town vehicle during 2013.

• The ninth count claims Mr. Shanty directed a Highway Department employee, while on town time, to do personal work on parts for Mr. Shanty's personal mower using town materials around the end of October 2013.

• The final count accuses Mr. Shanty of ordering equipment to replace "existing fully functional equipment" and taking the replaced equipment from the town for his personal use during June of 2011.

The original complaint against Mr. Shanty alleged he made trips to the St. Regis Mohawk reservation to buy cigarettes in a town vehicle and that the trips allegedly took place from 2011 through 2013. District Attorney Derek Champagne said when the first complaint was filed that additional charges against Mr. Shanty would be filed.

Mr. Champagne also noted that an order of protection was issued that prevents Mr. Shanty from going to the town offices or town garage and from contacting any town employees; that order remains in effect.

Mr. Champagne said on Thursday that the Mr. Shanty is facing two years in jail.

Mr. Shanty was arraigned in Bangor Town Court in front of Town Justice Frederick Boardway and was released under supervision. Mr. Champagne said Franklin County Judge Robert Main will decide where the case will eventually be heard.

Mr. Champagne also stated if Mr. Shanty does not resign from his town position within the week, the District Attorney's Office would pursue legal steps to force him to resign.

Mr. Champagne said, "Any allegations of misuse of tax payers money is going to be taken seriously by this office."

Mr. Champagne also complimented the New York State Police on going a great job looking into these allegations.

Mr. Shanty did not respond to a telephone call seeking comment Thursday.

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