Official: Fight Carson's compensation award

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The former administrator has also been one of the county's landlords since 1999.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

WARREN — The Trumbull County prosecutor has advised county commissioners to appeal the unemployment compensation award for former county Administrator Tony Carson Jr.

Commissioner James Tsagaris says he hasn't decided how he will vote Wednesday. Commissioner Paul Heltzel has said he will vote for the measure. Commissioner Dan Polivka did not attend today's planning meeting and has been unavailable to comment on how he will vote.

Prosecutor Dennis Watkins wrote that the board should appeal the Ohio Office of Unemployment Compensation decision. The office ruled Carson should receive $416 per week in benefits up to a maximum of $10,816 because he resigned July 26 "with just cause" — because carrying out his job would have caused Carson to "violate the law, compelled him/her to quit for ethical reasons."

The county would have to pay the amount.

Prosecutor's comments

"It is noted that none of the three commissioners asked or threatened Mr. Carson's employment to our knowledge," Watkins wrote to the commissioners. "Therefore, although Ohio law provides for instances in which voluntary resignations are 'just cause,' this office was surprised by the award and the language contained within the award.

"Under normal circumstances, an employee is precluded from receiving benefits when he or she has voluntarily quit," the letter says. "To that extent, the award in this case creates a dangerous precedent in dealing with the expenditure of public funds."

Watkins added that Carson receives $54,000 per year in lease payments as owner of the Central District Court building in Cortland, and said he doesn't know whether that income should be a factor in determining whether Carson is eligible for unemployment.

After Carson became administrator in 2004, he sold a private jail program he'd operated and said he had put the court building up for sale, after questions were raised about possible conflicts of interest.

County records, however, indicate that Carson continues to receive $4,500 per month in rent and has been collecting rent on the building since 1999.

Put on agenda

A resolution was placed on the agenda for Wednesday's meeting asking that the benefits claim be appealed.

Tsagaris said he needed to first read Watkins' letter, but noted in the eight years he's been a commissioner the county has lost 90 percent of the appeals it has filed. If the unemployment compensation office approved, "Why should I question it?" he said.

James Keating, county human resources director, said the unemployment office told him Carson did not name any commissioners in his application, and the agency did not state any specific allegation.

Carson's phone number is unlisted and recent attempts to reach him at home have failed.

Heltzel said he has been told that filing the appeal will be the only way county officials will learn what Carson's allegation is. "My position is we have to file our appeal, get the information and decide what to do," he said.

Heltzel added that he has a "personal interest" in Carson's allegation because he appeared to have more conflicts with him than the other two commissioners, including one about failing to complete an assignment to gather information for him on the Niles-Trumbull Transit System.

Heltzel said he never asked Carson to do anything illegal.

runyan@vindy.com

Tuesday, September 12, 2006