John R. Roby

jroby@pressconnects.com | @PSBJRoby

A special prosecutor alleges former Broome County Executive Debbie Preston's misuse of a municipal credit card goes back nearly six years longer than she has previously acknowledged.

Preston, 62, was arrested Monday by state police and accused of three misdemeanor counts of official misconduct, according to the special prosecutor assigned to investigate her actions during and just after her time as Town of Conklin supervisor.

A document filed Monday in Town of Conklin Court claims Preston unlawfully obtained the credit card, used it inappropriately while serving as supervisor, and continued to do so after leaving office despite being told to stop. She was supervisor from 2003 through 2011.

The misdemeanor charges carry a maximum penalty of one year in jail. Preston is scheduled to be arraigned April 25 in Conklin.

In an emotional news conference in October, Preston acknowledged placing personal charges on the municipal credit card.

"Back in 2011, we all know a lot was going on with the flood and a lot of things, and yes I had a credit card that had my name and the town [of Conklin]," Preston said in October. "I used it for personal use. I paid tax on all purchases. I made payments every month. No town or taxpayer money was ever, ever used."

Yet based on documents acquired through a public records request, the Press & Sun-Bulletin reported in December the card carried a $23,000 balance for at least nine months before being paid off in 2012. That balance existed two months before the flood occurred.

Monday, investigative documents released by Schuyler County District Attorney Joseph G. Fazzary point to an even longer timeline.

Preston special prosecutor: 'I have a free hand'

The first count of official misconduct alleges Preston obtained and used a Town of Conklin credit card without authorization "as a continuing crime during the interval from October 5, 2005 through early June 2012." The count further alleges Preston knew that doing so "was unauthorized" by the town.

Conklin officials have said the town became aware of the card in early 2012, when it started receiving statements in the mail. By that time, Preston had won election as Broome County executive.

A statement from the credit card company acquired through an open records request to Conklin recorded more than a dozen transactions in June 2012, including $2,000 in new charges during six trips to Talbot's in Vestal over two weeks, and $270 during two trips to Kmart in Binghamton.

The third count of the complaint against Preston is focused on the time between April and June 2012. It states she made personal purchases on the card though she had been "specifically told to stop using the card and return it to the town."

Preston's description of how she used the card — regardless of whether she was in office — runs against established policies of several towns and Broome County itself, as well as best-practice guidelines by the state comptroller's office, according to an October report by the Press & Sun-Bulletin.

A district judge assigned Fazzary special prosecutor after Broome County District Attorney Steve Cornwell recused himself from the investigation and potential prosecution, citing a conflict of interest. The judge ordered Cornwell to deliver "all documents, records and materials" associated with the case to Fazzary.

"I'm charged with going through the process the way I normally would, and I'm not going to speed up or slow down due to political considerations," Fazzary said in an October interview. "I will do what I think is right and investigate fully."

Preston, a Republican, won a special election in November 2011 to serve the final year of former Broome County Executive Barbara J. Fiala’s second term. She was elected county executive in 2012 to a four-year term, and lost her re-election bid to Democrat Jason Garnar in November.

Documents: Preston carried $23K on town's credit card

Review: Preston's card use ran against common policy

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