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Gaudio reinstated to job as deputy clerk
By PETER H. MILLIKEN
YOUNGSTOWN
Despite his legal and personal troubles during the past decade, Donald D. Gaudio Jr. has been reinstated to his job as deputy clerk and guardianship investigator at the Mahoning County Probate Court, Judge Mark Belinky announced.
Judge Belinky said he took the action because an internal investigation revealed that Gaudio “has not engaged in such egregious conduct during his employment that would warrant his dismissal.”
The judge said, however, that Gaudio’s “work performance needs to be improved to demonstrate a more-solid work ethic.” He placed Gaudio on a 120-day probationary period, after which his job performance will be evaluated. If it’s unsatisfactory, he’ll be fired, the judge said in a Monday judgment entry.
“This court believes in redemption, and the court does not apologize for trying to help a person rebuild his life,” the judge said. Gaudio did not respond to a request for comment.
During his probationary period, Gaudio will be assigned additional clerical tasks and will serve only as a backup investigator and function as a bailiff under court supervision, the judge said.
The judge hired Gaudio for the position Dec. 8, 2008, just over a month after Judge Belinky won election to the probate judgeship to which he had been appointed about a year earlier.
On April 5, Judge Belinky put Gaudio, 48, on unpaid administrative leave, saying he had obtained information concerning Gaudio’s employment and needed to determine whether he “engaged in any inappropriate behavior during his employment with this court.”
The judge explained the internal investigative findings and his reinstatement of Gaudio in the written judgment entry, but he declined to comment further.
Although state law says a court investigator shall have at least a bachelor’s degree in a social-service-related field, the judge noted the law allows him to waive that requirement if he’s satisfied the job candidate has equivalent life experience.
Gaudio has about two years of college and has been trained on the job as an investigator, the judge wrote.
On his employment application, Gaudio, of Applecrest Drive, Boardman, said he hadn’t been convicted of a felony involving dishonesty or violence.
The application form, however, did not ask about misdemeanor convictions.
A check of county court records shows Gaudio has several misdemeanor convictions.
The judge concluded that Gaudio’s legal and personal problems “were primarily in the past ... and that he could be a productive employee.”
A look at the past criminal misdemeanor activity involving Donald Gaudio Jr., a Mahoning County Probate Court employee.
In February 2000, Gaudio pleaded no contest and was found guilty of domestic violence in Boardman court and was fined $50 and placed on a year’s probation. All of a 30-day jail term was suspended, and he was ordered to undergo counseling for anger- management and gambling.
The following year, in the same court, Gaudio was again charged with domestic violence, this time at the fifth- degree-felony level. He pleaded no contest, however, after the charge was reduced to a first-degree misdemeanor. This time, Judge Joseph Houser fined him $25, suspended all of a 180-day jail term, put him on a year’s probation and ordered him to undergo an anger-management evaluation.
Later that year, Judge Houser conducted a probation-violation hearing concerning his failure to report to his probation officer, complete the anger-management program and pay his fine.
In another hearing in March 2002, Judge Houser told Gaudio he’d be jailed for 30 days if he didn’t complete the course and pay his fine.
In 2004, Gaudio reappeared before Judge Houser, pleaded no contest to a misdemeanor count of receiving stolen property and was fined $50 and put on six months’ probation. A 180-day jail term was fully suspended. Gaudio made $800 in restitution to his ex-wife, and an attempted- forgery charge was dropped.
In 2006, Judge Houser dismissed a charge of passing a bad check after Gaudio made $70 worth of restitution.
In a 2007 case in Austintown court, Gaudio was charged with driving under a license that had been suspended for nonpayment of child support, but that charge was reduced to failure to have his headlights on. Gaudio pleaded guilty to the reduced charge, and Judge David A. D’Apolito fined him $100.
Source: Court records