An Auburn Department of Public Works landfill foreman rejected a plea deal offered by the Cayuga County District Attorney's Office Wednesday and will go to trial to fight charges that he illegally gave away nearly $720 worth of asphalt to a private contractor while on the job.
Thomas Gabak, of 106 N. Lewis St., Auburn, was charged in August with petit larceny, a misdemeanor, for allegedly giving the material to Timothy Blackman, a contractor who wanted inexpensive asphalt for the construction of a garage.
According to police reports, Blackman said the practice occurred multiple times.
Assistant District Attorney Chris Schlecht said Gabak was told in Auburn City Court that if he pleaded guilty to petit larceny, sentencing would be left at the judge's discretion.
A petit larceny conviction carries a one-year maximum jail sentence, but Schlecht said he doubted that would be given even if Gabak were convicted at trial.
“For first-time offenders the judge has a wide range of sentencing options,” Schlecht said. “I certainly don't think a year would be an option and I certainly don't think a judge would give him any jail time at all.”
Schlecht said he will attempt to reach an agreement with Gabak before the case goes to a jury on Feb. 24.
Gabak and his attorney, Paul Carbonaro, were not available for comment Wednesday.
Gabak's arrest came soon after the city issued a zero-tolerance policy regarding the lending or borrowing of city property.
DPW employees had commonly lent or borrowed items with contractors, a practice that may have gone on for decades, city officials previously said.
The zero-tolerance policy was instated less than a year after the DPW was involved in scandal involving the theft of city property.
Nearly $10,000 in stolen equipment was returned to the city by DPW employees through an amnesty program last fall.
When details of the amnesty program were released to the public in January, the city revealed that two long-time DPW employees used city-owned backflow gauges for their private monetary gain. Those employees were granted immunity from prosecution in accordance to the amnesty program.
Gabak is the first DPW employee to be charged under the zero-tolerance policy.
In September, Gabak was still listed as a landfill foreman, city officials said.
Notes:
The Citizen staff report
An Auburn Department of Public Works landfill foreman charged with stealing public property is the first worker to be charged since the city's new zero-tolerance policy prohibiting the lending or borrowing of workplace equipment went into effect.
Thomas Gabak, 39, of 106 N. Lewis St., Auburn, was charged in August with petit larceny, a misdemeanor, for allegedly giving away nearly $720 worth of asphalt for free to a private contractor without proper authorization.
According to police affidavits, Gabak, whose case was adjourned to Nov. 10 in Auburn City Court Tuesday, is accused of giving the material to Timothy Blackman, who wanted inexpensive asphalt for the construction of a garage.
Blackman said he knew to contact Gabak, a former president of the Auburn unit of the Civil Service Employee Association, because he had provided the material for free last year. Blackman said he hired several Auburn Sand and Stone trucks to transport the asphalt after Gabak agreed to the request.
The asphalt was supposed to be recycled at the city landfill and used as covering.
City Manager Mark Palesh said Gabak's arrest came soon after the city issued a zero-tolerance policy to its departments regarding the lending or borrowing of city property.
DPW employees had commonly lent or borrowed items with contractors, Palesh said, a practice that may have gone on for decades.
“We don't need to borrow items or let city property be borrowed by contractors,” Palesh said. “If our employees need something we can get it ourselves. (That practice) is not transparent enough.”
Palesh said he is concerned the practice could create a conflict of interest if the city were to award a contract offer to one contractor over another after opening a project for bidding.
Gabak's arrest came less than a year after the DPW was involved in another scandal involving the theft of city property.
Nearly $10,000 in stolen equipment was returned to the city by DPW employees through an amnesty program last fall.
When details of the amnesty program were released to the public in January, the city revealed that two long-time DPW employees used city-owned backflow gauges for their private monetary gain. Those employees were granted immunity from prosecution in accordance to the amnesty program.
Several of the employees said it was common practice to take city equipment home for personal use.
Gabak could face up to one year in jail if convicted.
While Palesh would not comment on Gabak's employment status, he is still listed as a sanitation foreman, according to the city's Civil Service Department.
Neither Gabak's attorney, Patrick Carbonaro, or Cayuga County District Attorney Jon Budelmann were not available for comment Tuesday.
According to police reports, Blackman said the practice occurred multiple times.
Assistant District Attorney Chris Schlecht said Gabak was told in Auburn City Court that if he pleaded guilty to petit larceny, sentencing would be left at the judge's discretion.
A petit larceny conviction carries a one-year maximum jail sentence, but Schlecht said he doubted that would be given even if Gabak were convicted at trial.
“For first-time offenders the judge has a wide range of sentencing options,” Schlecht said. “I certainly don't think a year would be an option and I certainly don't think a judge would give him any jail time at all.”
Schlecht said he will attempt to reach an agreement with Gabak before the case goes to a jury on Feb. 24.
Gabak and his attorney, Paul Carbonaro, were not available for comment Wednesday.
Gabak's arrest came soon after the city issued a zero-tolerance policy regarding the lending or borrowing of city property.
DPW employees had commonly lent or borrowed items with contractors, a practice that may have gone on for decades, city officials previously said.
The zero-tolerance policy was instated less than a year after the DPW was involved in scandal involving the theft of city property.
Nearly $10,000 in stolen equipment was returned to the city by DPW employees through an amnesty program last fall.
When details of the amnesty program were released to the public in January, the city revealed that two long-time DPW employees used city-owned backflow gauges for their private monetary gain. Those employees were granted immunity from prosecution in accordance to the amnesty program.
Gabak is the first DPW employee to be charged under the zero-tolerance policy.
In September, Gabak was still listed as a landfill foreman, city officials said.
Notes:
The Citizen staff report
An Auburn Department of Public Works landfill foreman charged with stealing public property is the first worker to be charged since the city's new zero-tolerance policy prohibiting the lending or borrowing of workplace equipment went into effect.
Thomas Gabak, 39, of 106 N. Lewis St., Auburn, was charged in August with petit larceny, a misdemeanor, for allegedly giving away nearly $720 worth of asphalt for free to a private contractor without proper authorization.
According to police affidavits, Gabak, whose case was adjourned to Nov. 10 in Auburn City Court Tuesday, is accused of giving the material to Timothy Blackman, who wanted inexpensive asphalt for the construction of a garage.
Blackman said he knew to contact Gabak, a former president of the Auburn unit of the Civil Service Employee Association, because he had provided the material for free last year. Blackman said he hired several Auburn Sand and Stone trucks to transport the asphalt after Gabak agreed to the request.
The asphalt was supposed to be recycled at the city landfill and used as covering.
City Manager Mark Palesh said Gabak's arrest came soon after the city issued a zero-tolerance policy to its departments regarding the lending or borrowing of city property.
DPW employees had commonly lent or borrowed items with contractors, Palesh said, a practice that may have gone on for decades.
“We don't need to borrow items or let city property be borrowed by contractors,” Palesh said. “If our employees need something we can get it ourselves. (That practice) is not transparent enough.”
Palesh said he is concerned the practice could create a conflict of interest if the city were to award a contract offer to one contractor over another after opening a project for bidding.
Gabak's arrest came less than a year after the DPW was involved in another scandal involving the theft of city property.
Nearly $10,000 in stolen equipment was returned to the city by DPW employees through an amnesty program last fall.
When details of the amnesty program were released to the public in January, the city revealed that two long-time DPW employees used city-owned backflow gauges for their private monetary gain. Those employees were granted immunity from prosecution in accordance to the amnesty program.
Several of the employees said it was common practice to take city equipment home for personal use.
Gabak could face up to one year in jail if convicted.
While Palesh would not comment on Gabak's employment status, he is still listed as a sanitation foreman, according to the city's Civil Service Department.
Neither Gabak's attorney, Patrick Carbonaro, or Cayuga County District Attorney Jon Budelmann were not available for comment Tuesday.
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