Case against Avoca clerk adjourned on condition
By ROB PRICE THE COURIER-ADVOCATE

AVOCA - A misdemeanor case against Avoca town Clerk Kim Jackson in which Jackson was charged with official mismanagement has been adjourned with the possibility the charge may be dropped in six months.

Bath town Justice James Burns last month issued an adjournment with contemplation of dismissal for the Jackson case in an action that could clear Jackson of any charge of wrongdoing.

The Avoca clerk in November 2007 was charged with knowingly filing a false report in connection with a $14,700 grant the Town of Avoca received to pay for the organization of town records. Jackson allegedly signed off on a report claiming the project was complete when in fact it had not been finished within the prescribed period of time.

In the aftermath of the charge, Jackson completed the required work, leading the Steuben County District Attorney's Office to consent to the ACD.

"We were able to accommodate the completion of the project," said Jackson's attorney, Terry Baxter of Bath, Tuesday. "Proof was provided to the DA's office and the court."

District Attorney John Tunney said if Jackson does not violate the law over the six-month period starting from the issuance of the ACD, the criminal charge will be dismissed.

"Our proposal to her lawyer was, look, we want the work that was to be done, done," said Tunney Tuesday. "I am informed the project has been completed, and therefore things are as they should be and should have been from day one.

"There is no need from our point of view for this to result in a criminal record," Tunney added.

Jackson, 47, of Grant Street, Avoca, was charged after a state audit found the grant had been mishandled. The comptroller's report also alleged "the (town) Board provided little, if any, oversight for this project."

In the aftermath of the report and one day before the official charge was filed, Jackson was re-elected to the town clerk's position. She continues working in that capacity.