Delmont appeals firing to state personnel board

The board is expected to decide within a week if it will hear the appeal.
By PEGGY SINKOVICH
and STEPHEN SIFF
VINDICATOR TRUMBULL STAFF
WARREN -- Former county maintenance director Tony Delmont wants his job back.
Delmont, who was fired by Trumbull County commissioners last week, has filed an appeal with the state personnel board of review.
"We sent the appeal Tuesday, and we are asking for the board to determine if he is a classified employee," said Atty. Dan Thomas, who represents Delmont. "If the board determines that Delmont is a classified employee, we are then asking them to grant us a hearing."
Classified employees, although still considered management, cannot be discharged as easily as unclassified workers, who are generally higher-level.
County prosecutors have maintained that Delmont was an unclassified employee who served at the pleasure of county commissioners.
Following procedure
However, the predisciplinary hearing that preceded his termination was a procedure generally used for more protected, classified workers.
"This is exactly why we wanted to make sure we followed the proper procedures," Commissioner Joseph Angelo said. "He is allowed to appeal. We followed the law, and I'm confident we fired him the correct way."
Thomas said he hopes to hear a reply on the appeal from the state board in the next week.
If the board grants a hearing, Delmont's attorneys would be able to issue subpoenas, examine witnesses and give opening statements and closing arguments, much like in a regular court, officials said.
Witnesses couldn't be called under the rules of the county predisciplinary hearing held for Delmont last month. Delmont failed to show up or offer a defense.
During the hearing, James Misocky, assistant county prosecutor, presented evidence that Delmont accepted bribes, vacations and gifts in return for allowing vendors to overcharge and oversell goods to Trumbull County.
Earlier vote
Delmont, a 27-year county employee, has not been receiving pay or health benefits from the county since commissioners Angelo and James Tsagaris voted in September to suspend him. Commissioner Michael O'Brien wanted to fire him then.
Angelo said he held off on firing Delmont because he wanted to make sure the proper process was followed. Since 1978, three employees fired by commissioners were eventually reinstated, costing taxpayers $267,000.
Delmont has been off work since crashing a county truck in February. He will continue to receive workers' compensation checks for 72 percent of his $71,000-a-year salary, regardless of his employment status, officials say.
Workers' compensation would be discontinued only if he is incarcerated or if doctors say his back injury will improve no further, officials say.