ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

Sep 25, 2025

Former Fire Department Treasurer convicted of Jobbery

The Merriam-Webster dictionary defines jobbery as "the improper use of public office or conduct of public business for private gain".

On September 24, 2025, New York State Comptroller Thomas P. DiNapoli, Oneida County District Attorney Todd Carville, and New York State Police Superintendent Steven G. James announced that the former treasurer of the Durhamville Fire Department, Kimberly Simchik, pleaded guilty to stealing over $92,000 from the fire department over a seven-year period. As part of the plea, she will pay restitution of just over $92,000 and faces 1 to 3 years in jail at sentencing.

“Kimberly Simchik diverted fire department resources to bankroll her personal life, betraying the trust of the community she served,” DiNapoli said. “My thanks to Oneida County District Attorney Carville and the New York State Police for their partnership in holding her accountable.”

Carville said, “The Oneida County District Attorney’s Office would like to thank the New York State Police and the New York State Comptroller’s Office for their assistance in bringing the defendant to justice. This reprehensible act has no place in our society.  Stealing from our volunteer service, the great men and women who dedicate their time and talent to the Durhamville Fire Department, is wholly unacceptable and inexcusable.  I would like to thank my Assistant, Assistant District Attorney Kurt Schultz, for holding Ms. Simchik accountable for her actions.”

James said, “For years this suspect stole funds from the Durhamville Fire Department, using the money for her own enjoyment and personal gain. This guilty plea exemplifies that public servants who take advantage of their position will be held accountable for their actions. The State Police will continue to work with the Comptroller’s Office and Oneida County District Attorney’s Office to end these types of crimes and hold accountable those who mistakenly think they can get away with them.”

Simchik stole over $90,000 in fire department funds by using the department’s debit card to make payments at local casinos and by diverting checks made out to the department into her personal account.  She also spent department funds on plane tickets, spas, and nail salons.

The theft was discovered when a fire department member attempted to make a deposit and was informed by the bank that the department account had been closed due to a negative balance. The fire department subsequently reached out to the New York State Police, who partnered with DiNapoli’s office to conduct an investigation and forensic analysis. Simchik has since resigned from the fire department.

Simchik, 62, of Durhamville, pled guilty to grand larceny in the second degree and corrupting the government in the second degree before Judge Michael R. Nolan in Oneida County Court. She is scheduled for sentencing on Nov. 21, 2025.

###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a complaint to: The Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236. or by filing a complaint online at https://www.osc.ny.gov/investigations



NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law. Email: publications@nycap.rr.com