Action marks first time commission has reopened a case after dismissing a complaint

By Eric Eyre
Staff writer

The state Ethics Commission has reopened an investigation into whether House Education Committee Chairman Jerry Mezzatesta improperly solicited grants from the state Department of Education.

It’s the first time in the Ethics Commission’s 15-year history that it has reopened a case after dismissing a complaint. A two-member commission panel voted Thursday to renew the Mezzatesta probe.

“We found sufficient new and material evidence which warrants reopening the complaint,” said commission Executive Director Lew Brewer. “We’ve never had a case we had to start over like this.”

Previously, the commission has concluded that state legislators who work for county school systems would violate ethics law if they solicit state grants for their employers. Mezzatesta, D-Hampshire, makes $60,000 a year as a “community specialist” for Hampshire schools.

Mezzatesta has said he never requested any state education grant money. He could not be reached for comment Thursday.

Also Thursday, Hampshire County Schools Special Education Director Nancy Hill said Mezzatesta requested a $100,000 state grant directly from West Virginia schools Superintendent David Stewart in October.

Hill is the first Hampshire school board office employee to speak publicly about Mezzatesta. The Ethics Commission’s attorney has interviewed her.

Hill said Mezzatesta called former Department of Education Special Education Director Dee Braley about the grant money on Oct. 10, 2003. Hill sat in on the telephone conference call with Mezzatesta at the Hampshire board office in Romney.

Mezzatesta wanted the money because the school system had to hire an additional teacher and two aides to supervise two disruptive special education students who lived at the Potomac Center, a residential treatment center for teens in Romney, Hill said.

“Mezz told Dee that Hampshire County was suffering,” Hill said. “Dee said, ‘I’m not going to give Hampshire the money.’ Mezz said, ‘That’s OK. I’ll just call Dave [Stewart].’”

Hill said Mezzatesta’s request surprised her because Hampshire schools had recently received $880,000 in federal Medicaid reimbursement money.

According to Hill, Mezzatesta immediately called Stewart and said, “We need $100,000. Now.”

“He was asking for money for Hampshire County schools,” Hill recalled. “Dr. Stewart told him, ‘We’ll see what we can do.’”

Stewart didn’t release the money to Hampshire schools. He said Thursday that he couldn’t recall the Oct. 10 conversation, but he declined to dispute Hill’s statements.

Braley confirmed Thursday that the telephone conference call with Mezzatesta took place. She could not recall how much money Mezzatesta requested.

“I don’t have any notes on the call, but I do remember we didn’t give him any additional money,” said Braley, who retired last month.

Last spring, Stewart submitted an affidavit to the Ethics Commission, saying Mezzatesta never requested grant money from him “personally.”

Mezzatesta and Hampshire schools Superintendent David Friend also gave sworn statements to the Ethics Commission. They said Mezzatesta never requested state Department of Education grants.

Last month, however, after reviewing a letter he had written to Mezzatesta at the time, Stewart acknowledged that Mezzatesta requested a separate special education grant in January 2003.

In the letter, Stewart confirmed a Jan. 2, 2003, telephone conversation the two had about Mezzatesta’s request for $100,000 — the same amount Hill alleged Mezzatesta asked for in October 2003.

On July 1, Mezzatesta released a Jan. 13, 2003, letter that he said he wrote to Stewart in response, purporting to show the he hadn’t solicited grant money for Hampshire schools.

Earlier this week, House Speaker Bob Kiss, D-Raleigh, started in investigation into whether the letter was backdated and fabricated. The letter was written on House stationery that didn’t exist at the time it was written. Mezzatesta’s lawyer gave the letter to Stewart and the Ethics Commission on July 1.

Stewart said he doesn’t recall ever receiving or reading the January 2003 letter until then.

Mezzatesta said the letter “sat idle” in his office for three weeks until the new stationery arrived.

Mezzatesta’s critics praised the Ethics Commission decision to reopen the case. The commission’s attorney, Theresa Kirk, already has interviewed several Department of Education administrators about Mezzatesta.

“I hope this is not for show,” said Wanda Carney, co-director of West Virginia Wants to Know, a state government watch group. “I hope the Ethics Commission is going to stand up and let the people of West Virginia know what’s going on.”

To contact staff writer Eric Eyre, use e-mail or call 348-4869.