Trumbull lawyer threatens to sue over bureau funds

The convention bureau chairman says the money shouldn't be returned.
By STEPHEN SIFF
VINDICATOR TRUMBULL STAFF
WARREN -- The lawyer for Trumbull County commissioners has threatened to sue the county convention and visitors bureau if it doesn't turn over about $200,000 in savings.
In the letter dated Thursday, first assistant prosecutor James Misocky tells board members that it is his understanding that the bureau's contract with the county, first signed in 1983, prohibits investments.
"Therefore, it is apparent that the funds currently invested by the bureau violate the terms of the original contract and must be returned to Trumbull County," Misocky wrote. "Your prompt attention to this matter is greatly appreciated in order that we may avoid potential litigation."
The money was accumulated over the course of several years after a reduction in staff at the bureau, said chairman Richard Alberini. It has been kept in bank certificates of deposit.
"The money is not invested. It is in the bank where it belongs," Alberini said. "Investing is when you go out and buy stock or real estate or gamble it in any way. This is a savings account."
He said he does not think the money should be given back.
"Convention bureaus across the state are doing this," he said. "We are not the first."
About the contract
The two-page contract between the convention bureau and commissioners says "the bureau acknowledges that the funds paid to it pursuant to this contract are derived from a hotel-motel lodging tax and must be used by the bureau for the purposes required by said tax. It is further understood that the funds paid pursuant to this agreement are for the operation of the bureau and shall not be used for investment purposes."
Until last year, proceeds of the room tax could be used only to promote tourism.
But a change in state law, backed by Trumbull County commissioners, allows the room tax to be used for Western Reserve Port Authority projects, including the Youngstown-Warren Regional Airport.
Commissioner James Tsagaris has said he would like to the money for other port authority projects, including a possible indoor automobile racetrack. He could not be reached to comment.
Prosecutor Dennis Watkins declined to comment, and Misocky could not be reached. Commissioner Dan Polivka did not return a message.
Commissioner Joseph Angelo Jr. said he hoped the convention board members follow Misocky's recommendation.
"I still don't think they have done anything wrong, but if the prosecutor is adamant, I would hope they listen to him to avoid any further conflict," said Angelo said.
siff@vindy.com