By DENISE RAYMO
MALONE — A candidate for highway superintendent was suspended Wednesday for reportedly testing positive for marijuana use following a 2008 snowplow accident.
Thomas J. Shanty, 52, of 74 County Road 28, who is the town’s deputy highway superintendent, was charged with misconduct and has been suspended for up to 30 days.
HEARING SET
A New York State Civil Service Law hearing is set for at 10 a.m. Monday, Nov. 9, at the Town Offices at Malone Dufort Airport.
Hearing Officer Louis J. Patack will review the charge and make a recommendation to the Town Council on Shanty’s guilt or innocence.
He could recommend a penalty, which may include firing.
According to a statement of charges obtained by the Press-Republican through a Freedom of Information request, Shanty is accused of misconduct.
“You tested positive for marijuana during mandatory post-accident urinalysis testing,” the charges state.
The crash occurred on Dec. 8, 2008, near Bull Run Road.
‘POLITICS’ CLAIMED
Shanty, a Republican and also a member of the Deer Party, is running against Democrat Ronnie Benware for highway superintendent in the Nov. 3 election.
Three of the four council members are Democrats, as is Town Supervisor Howard Maneely, but one councilor says party affiliation played no role in the town’s action.
“I knew people would make that speculation, but we can’t talk about anything until after the hearing,” said Town Council member Jack Sullivan.
He referred all other questions to Maneely.
Shant sees it differently.
“The only thing I’m going to say is that this is politics at its best. There’s been friction between me and Howard Maneely for two or three years, and he doesn’t want me running for highway superintendent, so he’s doing all he can to see that I don’t get in.”
Maneely said, “that’s his story, but I can’t really comment on anything because of the Section 75 hearing.”
MISCONDUCT CHARGE
Shanty was served with paperwork Thursday morning, but he said that alleged pot use was not the reason he was given for the suspension.
“That’s not true. They said it was misconduct. But I can’t say a lot about because of the hearing, when it will all come out.”
He admitted there had been an accident, but declined to comment when asked if he had used marijuana that morning. Shanty’s labor union is providing legal representation for him.
When asked why he thinks it took almost a year for the snow-plow accident to become public knowledge, Shanty said, “because it’s election time. This is bad politics at its worst.”
But Sullivan said “not everyone knew” a crash had taken place until now, when it came to the board’s attention.
Maneely said “we didn’t know” there had been an accident but said he could not say how the Town Council did learn of it.
He referred all other questions to Town Attorney Lillian Anderson-Duffy, adding that another attorney from Albany was hired for the town’s legal team. Anderson-Duffy was not available for comment.
STILL RUNNING
Shanty said the misconduct charge and suspension will not make him withdraw his candidacy.
“I don’t think this will have any effect at all. I’ve worked for the town for 31 years, I have the experience to be highway superintendent, and the people who will vote for me know that.”
Shanty, who worked as a heavy-equipment operator, has a salary of about $35,000.
According to a State Police accident report for Dec. 8, 2008, Shanty was driving a 1998 town-owned snowplow north on Franklin County Road 25 (Duane Road) and had stopped near the intersection with Bull Run Road.
A 1996 Jeep operated by Cody Lader, 20, of River Road, Norwood was also traveling north and saw the plow stopped in the road.
But when he tried to apply his brakes, the Jeep slid on the snow pavement and hit the rear of the plow.
Neither of the men was hurt, and the police report did not mention vehicle damage.
Lader was ticketed for failure to reduce speed for hazardous conditions.
‘PROBABLY CAUSE’
A late resolution was presented at the end of Wednesday’s regular Town Council meeting under a motion of Councilman Sullivan, which states that Maneely presented the board with the allegations and that the council determined “probable cause exists to commence proceedings against Thomas J. Shanty.”
Town Council member Paul Walbridge, who seconded the motion to suspend Shanty, declined to take telephone calls at his work site Thursday, even though it has been his regular practice to answer such calls from a reporter in the past.
Council members Louise Taylor and Irving Caplan were unavailable for comment.
E-mail Denise A. Raymo at:
draymo@pressrepublican.com
