Monday, September 22, 2003
The grand jury is expected to meet again Wednesday to hear more testimony.
By STEPHEN SIFF
and PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Trumbull County commissioners voted 2-1 this morning to place Tony Delmont on unpaid administrative leave.
Commissioner Michael J. O'Brien cast the dissenting vote, saying Delmont should be fired from his job as county maintenance department director.
Commissioner James Tsagaris said that by putting Delmont on leave, the county would no longer be paying anything toward his employment.
However, other officials said Delmont could still get workers' compensation payments as the result of an accident he was in with a county truck last winter. He will have to apply directly to the state bureau to get continued payments, but the bureau previously approved the payments he is getting now.
"Everyone is innocent until proven guilty; everyone deserves a day in court," Commissioner Joseph Angelo said. "I don't think Delmont was even charged. If he is, we will reconvene."
Tsagaris, who Thursday said Delmont should be fired, said this morning, "We don't even know what he did," Tsagaris said. "He's never gotten charged at all."
In favor of firing
O'Brien thinks the information presented in court Thursday was sufficient for Delmont to lose his job.
"We know there is alleged wrongdoing and one person has pleaded guilty. There was a sworn affidavit there with a check," he said, referring to $17,000 in personal checks written to Delmont's wife which was presented as evidence on a charge of bribery yesterday.
O'Brien said removing Delmont would help restore public trust in the commissioners. He also said he spoke with the county prosecutor's office and was told it would have defended a commissioners' decision to fire Delmont.
In a letter Thursday, James Misocky, first assistant county prosecutor, notified commissioners Jacobson was going to swear that he paid tens of thousands of dollars in bribes to Delmont and told commissioners they had legal authority to fire Delmont.
"You are hereby advised that based upon his job duties and history with Trumbull County, he is considered to be an at-will employee that may be dismissed without cause," the letter states.
"Therefore, based on the admissions in common pleas court today in addition to the prior relevations concerning the excessive prices charged to Trumbull County, it is imperative that the situation be reviewed by the board."
The letter ends by saying "termination is fully defensible based upon the facts of this situation."
What happened
Shortly after Bedford Heights businessman Barry Jacobson admitted Thursday in Trumbull County Common Pleas Court to paying thousands of dollars in bribes to Delmont, commissioners called a special meeting for this morning.
"I am really surprised by this. I think he should be fired, but I don't know the legal aspects. I don't know if he will turn around and sue us," Tsagaris said at that time.
Delmont, who has worked for the county since 1975 and earns $71,081 annually, has not been charged.
He has been off work on workers' compensation since February when a county snowplow he was driving crashed. He was receiving full salary.
No one answered the door at Delmont's Willard Avenue N.E. home Thursday. He has an unpublished telephone number.
Robert Shaker, Delmont's attorney, declined to comment on the case or to say if his client would testify before the grand jury Wednesday. Delmont and several others received subpoenas ordering them to appear Wednesday.
County Prosecutor Dennis Watkins and Chris Becker, an assistant prosecutor, declined to comment.
Background
Jacobson is the former mayor of Lyndhurst, a Cleveland suburb, and an owner of Envirochemical Inc. He pleaded guilty to one charge each of bribery and complicity to theft in office, both third-degree felonies, in a continuing investigation into Trumbull County purchasing practices. The probe was prompted by a series of stories in The Vindicator last year.
"I never saw Jacobson before, and I learned about the problems with the maintenance department when The Vindicator started writing about it," Tsagaris said.
Paperwork submitted to the court includes photocopies of two checks totaling $17,000 that Jacobson said he wrote to Delmont's wife, Karen, as a bribe to secure county business. The checks were deposited into an account for an ITAM Lodge that Delmont owned.
Jacobson said in a sworn statement that he paid "tens of thousands of dollars" in bribes from 1999 to 2002.
As part of a plea agreement, Jacobson agreed to give $200,000 back to Trumbull County. He wrote a $30,000 check to the county Wednesday, court officials said.
He faces up to six months in jail.
Jacobson served as Lyndhurst mayor from January 2001 to June 2002.
"He is a good guy who made a bad mistake, but he acknowledged it, and he wants to get on with his life," said Atty. Roger Synenberg, who represents Jacobson.
What happened
Watkins said Jacobson's company was selling supplies to the county at prices inflated as much as 500 percent. He cited a can of wasp spray for $73 as an example.
Records uncovered by The Vindicator indicate that air freshener listed in Envirochemical's catalog for $59 a case sold to Trumbull County for $120; spray cleaner listed in the catalog for $34 a case sold to Trumbull County for $90.
The supplies were never made available for competitive bidding.
In an interview with The Vindicator last year, Delmont acknowledged that supplies could have been bought cheaper had the county shopped around.
Watkins is investigating several other companies that did business with the county maintenance department.
In a press release, Envirochemical announced Jacobson has resigned as vice president and salesman, although he remains a co-owner. The other owner is Brian Fox.
The company sold more than $923,000 worth of janitorial supplies to Trumbull County over six years, until it was cut off last September.
"Envirochemical remains dedicated to providing quality cleaning and paper products at competitive prices," the company's release says. "This incident will not affect our commitment and service to our customers."
From August 2001 until August 2002, when The Vindicator began examining Trumbull County's purchasing procedures, the county spent more than $300,000 for janitorial supplies.
From January until now, the county has spent only $44,385 for maintenance supplies, according to the county auditor's office.
siff@vindy.comsinkovich@vindy.com