TRUMBULL COUNTY Conference reviews case of maintenance manager

The county had no one watching the ordering process, an official said.
& lt;a href=mailto:sinkovich@vindy.com & gt;By PEGGY SINKOVICH & lt;/a & gt;
and STEPHEN SIFF
VINDICATOR TRUMBULL STAFF
WARREN -- It will be about two weeks before Tony Delmont knows if a hearing officer thinks he should lose his job.
Evidence was presented at Delmont's predisciplinary conference Monday by James Misocky, an assistant Trumbull County prosecutor.
The conference, which was open to the public in the county commissioners' meeting room, lasted about 30 minutes.
The prosecutor's allegations state that Delmont, who is on unpaid suspension from his job as head of the county maintenance department, accepted bribes and free vacations in return for helping vendors steal from the county.
"Trumbull County had no one watching the ordering process," Misocky said.
The evidence presented by Misocky will be reviewed by hearing officer Thomas Holloway, the county's sanitary engineer. After the review is complete, Holloway will make his recommendation to the commissioners, who can accept Holloway's recommendation or make their own decision.
Even though it dealt solely with Delmont, neither he nor his attorneys attended Monday's conference.
His absence, however, was expected. Misocky said Atty. Daniel Thomas, representing Delmont, sent a letter to the prosecutor's office Friday saying they would not appear.
"I'm surprised they went forward with the hearing because there is no legal basis for a hearing," Thomas said.
The prosecutors had planned to compel Delmont to testify by stipulating that his testimony in the predisciplinary conference won't be used against him in any criminal case.
Has pleaded innocent
Delmont has pleaded innocent to a seven-count indictment accusing him of bribery, theft in office and money laundering.
Prosecutors say he participated in schemes that enriched vendors at the county's expense and cost taxpayers $400,000 since 1998.
Refusing to participate in the conference raises the possibility that Delmont could be charged with insubordination -- the same charge he could face had he gone to the conference but refused to testify.
"This could be seen as insubordination but the evidence outlined is so overwhelming that it is almost immaterial at this point," Misocky said during the hearing.
Commissioners already put Delmont on unpaid leave, without benefit of a conference, treating him as an unclassified employee who can be fired by commissioners without cause.
Misocky has told commissioners he thinks Delmont is an unclassified employee.
Delmont's lawyer thinks he is a classified employee.
It's a narrow legal issue, and Thomas said he plans to take it to the State Personnel Board of Review for determination.
Monday's conference for Delmont resembles the type of hearing held five or 10 times a year for classified employees.
Prosecutors said the hearing afforded Delmont additional rights that are normally accorded to unclassified employees.
Unclassified employees are typically higher-paid managers with some financial responsibilities.
In arguing that Delmont is unclassified, Misocky pointed out that his $71,000-a-year salary puts him among the 25 highest-paid county employees; that he negotiated labor contracts on behalf of management; and that he directs the requisition of millions of dollars of tools and supplies.
& lt;a href=mailto:sinkovich@vindy.com & gt;sinkovich@vindy.com & lt;/a & gt; & lt;a href=mailto:siff@vindy.com & gt;siff@vindy.com & lt;/a & gt;