LTE: Delgaudio Attorney Requests Due Process

The lawyer for the Sterling supervisor responds to comments at York’s town hall meeting.

Responding to the discussion at the town hall meeting hosted by the Hon. Scott K. York, Charlie King, attorney for Supervisor Delgaudio, issued the following response: If anybody warned Chairman York last Tuesday’s meeting was a bad idea, he should have listened.

Since the Chairman admitted keeping Ms. Mateer’s documents was his decision alone, his remarks dispel any notion Supervisor Delgaudio acted behind the scenes to derail an inquiry.

Since when is the Chairman's file cabinet an evidence locker? His mistaken belief he could keep the documents because he expected the prosecutor to call Ms. Mateer would be plausible for a few weeks, but not longer.

As the Chairman said he started the investigation, there are now two official versions of how the investigation began. Last week the County Attorney released a letter stating, at his request, the County's private investigators reviewed the documents and they believed a referral to law enforcement was appropriate. There was no mention of the Chairman's role and his actions in actually investigating the case by making phone calls.

It usually doesn't matter who calls the police, but it may be significant later that the Chairman kept the evidence, shielded his role in starting a criminal investigation and justified his actions by throwing the Commonwealth's Attorney under the bus.

Chairman York owes the public a more forthcoming explanation of his conduct.

Several citizens asked the fair question of why Mr. York announced a meeting to take action against Supervisor Delgaudio and never scheduled the meeting?

Even Supervisor Delgaudio has a right to due process.

Due Process comes only from the Constitution. Modern cases establish an elected official subject to discipline has a right to due process. The Board must provide Supervisor Delgaudio written notice of specific charges and the chance to defend himself.

If the Chairman called a meeting on a Friday afternoon to be held the next Tuesday, there could be no serious argument Supervisor Delgaudio had been accorded even the barest rudiments of due process.

I suspect the County Attorney discussed the issue of due process with the Chairman.

Everybody needs to be patient and let Ms. Stamos and the investigators do their jobs.

David Weintraub November 26, 2012 at 05:15 PM
Requiring supervisors to sign a pledge in and of itself doesn't prevent misconduct, but it does provide a framework for disciplinary action when someone has violated that pledge. What it *might* prevent is the ducking and spinning by York we are now seeing. Janie, I believe that's why there's now an investigation. If CA Stamos had been given the documents and asked to investigate back in March, we would be that much closer to having these questions answered.
joe brewer November 27, 2012 at 07:26 PM
What framework are you speaking of? Your passive aggressive spinning and Monday morning quarterbacking is just that until Stamos renders her judgment. A pledge to a narcissistic cad is just so much wasted paper and time. Get over the pledge thingy.
David Weintraub November 27, 2012 at 08:09 PM
"You are correct Anthony signing a code of ethics pledge would have stopped anyone from doing anything wrong." Perhaps you inadvertently left out the word "not." It otherwise appears to be your "thingy."
joe brewer November 27, 2012 at 08:23 PM
who is anthony? I checked yesterday or sunday on real advocate and didn't find much that i haven't seen. is there any time frame for the Ca too get back to us?
joe brewer November 29, 2012 at 02:02 AM
The paperwork that CA Stamos is supposed to be reviewing is still sitting in Plowman's or Roberts office because for some strange reason the police have not delivered it to the CA. If they will not do it hire a courier. This case should be drawing to a close instead she has only seen the 8 page report? C'mon man! Collusion, inept or just stupid e-mail CA Stamos at tstamos@vacao.com and ask what in the world is causing this unnecessary delay.


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