MALONE — Deputy Highway Superintendent Thomas Shanty continued to drive a town snowplow, even though he wasn’t supposed to under federal regulations.

But he told a labor-relations official he was just following orders from his boss, Highway Superintendent Alvin Livernois.

Shanty, who is running for highway superintendent on Nov. 3, was involved in a property-damage accident on Duane Street Road near the intersection of Bull Run Road on Dec. 8, 2008.

The heavy-equipment operator submitted to mandatory alcohol-and-substance-abuse testing and was notified Dec. 12 that he tested positive for marijuana.

REMOVAL MANDATED

Under U.S. Department of Transportation regulations that his union participates in, Shanty was to be removed from safety-sensitive duties, such as snowplow driving, until he was evaluated by a substance-abuse counselor.

That counselor was to determine whether further drug-treatment assistance was needed, then decide when Shanty could return to safety-sensitive duties.

That evaluation took place in mid-December and was finished Dec. 31.

No follow-up treatment was recommended, so Shanty was cleared for return to duty on Jan. 15, 2009.

DROVE BEFORE CLEARED

But _ according to documents obtained from the Town Highway Department by the Press-Republican under the Freedom of Information law _ Shanty had plowed and sanded roads and driven other highway machinery at least 14 times between Dec. 12 and 31.

And between Jan. 2 and Jan. 16, when Shanty was filling in for his vacationing boss, he plowed and sanded another 10 times.

When asked Tuesday about the work-assignment records and Shanty’s driving, Livernois said, “The best thing for me to do is have no comment.