Malone highway-department cases settled

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November 19, 2009

By DENISE A. RAYMO The Press Republican Fri Nov 20, 2009, 12:37 AM EST

DID YOU KNOW?

You can now view Calendars of Events for today and upcoming weeks? A complete and up-to-date list of local events is now available on every section of PressRepublican.com.

MALONE — Thomas Shanty returns to work on Nov. 30 as deputy highway superintendent in Malone, and Mark Besio keeps his 40-hour-a-week job as the bookkeeper there.

Those are the limited details released in settlements reached behind closed doors with both men at the Town Council meeting Wednesday.

Shanty had been suspended for 30 days on Oct. 14 for misconduct for failing a drug-screening test nearly a year ago, and Besio was threatened with firing or a reduction in hours for releasing documents to the Press-Republican relating to Shanty's case.

But, after conferring with attorneys in lengthy executive sessions, the town decided to keep each man.

The town dropped the charges against Shanty in exchange for him accepting an undisclosed penalty.

Town Supervisor Howard Maneely read a statement following a closed-door meeting that states the council had "a proposed settlement with Thomas Shanty to resolve that matter."

He declined to describe the settlement terms, but Town Attorney Lillian Anderson-Duffy said it could be obtained through a Freedom of Information request.

The Press-Republican made such a request Thursday with Town Clerk Susan Hafter and the Albany law firm the town hired for the case.

Hafter is out of the office for a personal matter and professional training until Monday, and there was no response from the office of Whiteman, Osterman and Hanna LLP as of late afternoon.

Shanty said Wednesday night that part of the agreement was that neither side discuss the terms with the media.

In a joint statement released earlier Thursday, Albany attorney Beth Bourassa and Shanty's attorney, William James of Willsboro, stated that the town and Shanty "reached a resolution of their differences regarding the Section 75 charge brought against him.

"Mr. Shanty has elected to waive his right to contest the charge against him and to accept a penalty," the statement reads. "As a result, the town has dismissed the charge."

Shanty was driving a snowplow that was struck in the rear by another vehicle on Dec. 8, 2008, and he failed a post-accident drug test.

Federal Department of Transportation rules state no one with a positive test can be restored to driving duties until they have been cleared by a substance-abuse counselor.

But Shanty told a labor-relations official during an investigation that he drove a plow more than 20 times between the date of the accident and when he was cleared to return to work in mid- January 2009.

He said he was assigned the duties by Highway Superintendent Alvin Livernois.

While he was on suspension, Shanty was elected highway superintendent and starts that job in January.

At the same time, Besio was being investigated for fulfilling a Freedom of Information request from the Press-Republican about Shanty's driving assignments. The town said he revealed confidential information and could be fired if found guilty.

But the town itself, in suspending Shanty, stated that the misconduct charge was related to marijuana use.

During 2010 budget talks, the council proposed that Besio's work hours be reduced from 40 to 30 hours, which would have meant an $8,500 pay cut to him.

However, following another executive session on Wednesday night, Maneely again read a statement, saying Besio would be restored to a 40-hour work week, "but we've canceled all raises for 2010."

The pay freeze impacts the town clerk, deputy town clerk, supervisor's secretary/budget officer, assessor's clerk, court clerk, town justices and town attorney.

A data-collection person in the Assessor's Office was restored to 30 hours per week in the town's 2010 tentative budget and will be the only position changed.

The restoration of work hours for Besio means the tax rate per $1,000 of assessed-property value for homes inside the village limits would be about $2.60 and $7.30 per $1,000 for homes outside the village, according to Budget Officer Andrea Stewart.

"I feel bad for the other people who will lose their raises," Besio said following Wednesday's meeting. "They should be given the same money."

E-mail Denise A. Raymo at: draymo@pressrepublican.com