September 3, 2004

Ethics revision to include penalties for lying

By Phil Kabler
Staff writer

In what could be called the Mezzatesta amendment, a revised, tougher state ethics law could include penalties for providing false information or testimony to Ethics Commission investigators.

“Right now, it could be the basis for some criminal charge, but it would not be a violation of anything under the Ethics Act to lie to the commission under oath,” Ethics Commission executive director Lew Brewer said after Thursday’s commission meeting.

Last month, in an unprecedented move, the commission reopened an ethics investigation against House Education Chairman Jerry Mezzatesta, D-Hampshire, after evidence surfaced that a letter that had previously exonerated him may have been fabricated. House Speaker Bob Kiss later removed Mezzatesta from his leadership position.

At issue in the ethics complaint is whether Mezzatesta solicited state grants for his employer, Hampshire County Schools, in violation of a 1999 Ethics Commission advisory opinion that said he could not solicit grants in his position as a school system administrator.

Under the current law, the Ethics Commission has no power to sanction people for providing false information to the commission.

The allegations can be turned over to county prosecutors to pursue criminal charges, but Brewer said commissioners are concerned that false swearing cases will not be top priority in prosecutors’ offices.

“If he’s got meth labs in his county that he’s trying to clean up, he may not have time to deal with a minor violation of the ethics law,” Brewer said.

Under the proposed change, providing false evidence or testimony to an Ethics Commission investigation would be a separate offense under the ethics law. People found guilty by the commission could be subject to fines, public reprimands, and other sanctions.

The commission is considering a number of legislative proposals intended to expand the commission’s authority and powers.

Commission members tentatively plan to approve recommendations for ways to toughen the law at the December commission meeting.

On Thursday, Commission Chairman John Charnock said the commission’s proposals should be submitted to the Legislature as a draft bill. He said that if the commission simply submits recommendations, there’s a greater likelihood the Legislature will send them to an interim committee to study for a year.

“The magnitude is so great right now, I think a draft bill — a starting point — should be given to them,” he said.

Brewer said commission staffers would spend this month reviewing ethics laws in other states for provisions West Virginia may want to adopt.

“The recommendations we’ve given you so far just deal with our experience working with the ethics law, and encountering loopholes,” Brewer told the commission.

To contact staff writer Phil Kabler, use e-mail or call 348-1220.