A two-hour preliminary hearing for a man accused of presenting a false claim to the city of Emporia has been set for 9 a.m. on Sept. 9.
Magistrate Judge Douglas Jones set the hearing date when Jeffrey Duane Herrick made his first appearance early Wednesday afternoon in Lyon County District Court.
He also is charged with theft. Both charges are felonies, valued between $1,000 and $25,000.
Herrick, represented by Emporia attorney Steve Atherton, waived reading of the charges against him.
Herrick owns Star Construction company, which did street work for the city and allegedly billed for equipment that was required on project specifications, but not installed by Star.
He was accused of the actions in the same affidavit as former city engineer Keith Beatty, who was charged on June 30 with official misconduct, permitting a false claim, and misuse of public funds in conjunction with the resurfacing projects done in 2006 and 2008.
Beatty resigned as city engineer on March 10, 2008, effective immediately.
The cases were investigated by the Kansas Bureau of Investigations.
Herrick remains free on a $5,000 oral recognizance bond.