Former Sennett Highway Superintendent James F. Smith pleaded guilty in Brutus Town Court Tuesday to one misdemeanor count of filing a false instrument for doctoring records to cover up his theft of $565 from Sennett, officials said.
Cayuga County District Attorney Jon Budelmann said Smith, who resigned from his position on March 20, was granted a one-year conditional discharge on the condition that he makes full restitution to the town and returned three vacation days that he had illegally claimed.
If Smith violates the conditions of his discharge, he could be re-sentenced up to 1 year in jail.
"I am pleased to see that he accepted responsibility and repaid the town in full," Budelmann said.
Smith, 58, of Center Street Road, Auburn, and his attorney, Thomas Shannon, were not available for comment.
Smith was originally charged with filing a false instrument in the first degree, a felony and two misdemeanor counts of petit larceny in October after Sennett Town Supervisor David Sikora alerted the Cayuga County Sheriff's Office to discrepancies in Smith's expenditures and other financial matters.
Smith had been employed by the town for more than 25 years as highway superintendent. Smith's salary for 2008 was $45,840.37 and his yearly salary in the 2009 budget is listed as $47,673.98.
Smith was re-elected highway superintendent in 2007 and his term was set to expire in 2009, according to the Cayuga County Board of Elections. He was president of the Cayuga County Town Highway Superintendents Association in 2004 and 2005.
If Smith violates the conditions of his discharge, he could be re-sentenced up to 1 year in jail.
"I am pleased to see that he accepted responsibility and repaid the town in full," Budelmann said.
Smith, 58, of Center Street Road, Auburn, and his attorney, Thomas Shannon, were not available for comment.
Smith was originally charged with filing a false instrument in the first degree, a felony and two misdemeanor counts of petit larceny in October after Sennett Town Supervisor David Sikora alerted the Cayuga County Sheriff's Office to discrepancies in Smith's expenditures and other financial matters.
Smith had been employed by the town for more than 25 years as highway superintendent. Smith's salary for 2008 was $45,840.37 and his yearly salary in the 2009 budget is listed as $47,673.98.
Smith was re-elected highway superintendent in 2007 and his term was set to expire in 2009, according to the Cayuga County Board of Elections. He was president of the Cayuga County Town Highway Superintendents Association in 2004 and 2005.

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pentangelli wrote on Apr 9, 2009 7:03 AM: