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Mezzatesta acquittal least surprising West Virginia news item of the week
The Friday acquittal of former Delegate Jerry Mezzatesta on charges of misdirecting state grants was about as surprising as ketchup on french fries, especially considering the help Mezz received from a couple of key witnesses.
Stan Hopkins, the assistant state superintendent of schools for the Division of Technical and Adult Education, testified that a letter he sent Mezz about the grant was vague, and David Pancake, the executive director of the Hampshire County Economic Development Authority, testified that Mezzatesta did not misapply the
grant. Sometimes, friends are forever.
Mezzatesta, of course, claimed vindication and accused prosecutors of a "witch hunt." Nevertheless, the fact remains that he pled no contest in 2004 to a misdemeanor charge of altering and destroying legislative computer records, and his wife admitted dictating a phony letter for her husband to give to the ethics commission. Voters figured him out and defeated him in the 2004 election. Along with Bob Kiss, he is undoubtedly the least missed member of the legislature among his former colleagues.
Citizen watchdog groups are not the best line of defense
I have never been a big fan of so-called "citizen watchdog" groups. More often than not they are formed by people who become angry over a personal issue and decide to devote way too much time and energy to getting even.
A couple of news items from last week bring back memories of one such group that grabbed quite a few headlines in 2004 and 2005. The first item was former Delegate Jerry Mezzatesta's trial in Martinsburg (story above), and the second was this item from The Charleston Gazette:
Nitro Mayor Rusty Casto says he will dismiss City Treasurer Tifney Terry if Terry can’t prove she’s been bonded by an insurance carrier... Casto said the city’s treasurer is required to carry a surety bond in the amount of at least $15,000 to hold the post. Insurance bonds are required in part so the city can be paid back in case the treasurer makes off with city funds. When Terry took office in August 2005, she was not bonded, Casto said. But he said he didn’t find out until later.
Along with a woman named Wanda Carney, Tifney Terry was an original co-founder of what they humbly labeled "West Virginia Wants to Know," and for many in the media it was love at first sight. Headlines blared nearly every week about what the "watchdog group," as the papers always dubbed them, was up to now.
The media's fascination with Wanda and Tifney elevated them to the status of a sort of local version of Angela Lansbury solving crimes ala "Murder She Wrote." Reporters, and probably more than a few citizens, were captivated and bemused at the antics of these two ladies who were stirring up state and local governments
Their greatest success was in the case of none other than Mezzatesta himself. They filed ethics complaints and did countless media interviews, and without a doubt contributed mightily to the charges that were eventually brought, and to Mezzatesta's ouster from the Legislature. (The Gazette's Eric Eyre was also key to the Mezz' downfall, and I would be remiss not to note that the state Republican Party was actually the first to file ethics charges against him.)
One of WVWTK's next targets was the city of Nitro, with the group filing papers demanding city records so they could launch a vague investigation into spending and nepotism. Before long, though, a Nitro councilman, Bill Clark Jr., filed a suit claiming Carney had offered to drop her investigation in exchange for some intimate playtime, and Carney sued right back, claimng Clark was lying and that he had "knowingly, recklessly, willfully, wantonly and maliciously" slandered her.
The battles between Nitro and WVWTK raged on through the year. In September of 2005, the city of Nitro -- deciding to keep its enemies close -- offered Terry a job as city treasurer, and she accepted. Now, it turns out, she was never properly bonded and is having difficulty attaining the necessary bonding because, according to the Gazette, she has past bad check charges and a couple of other legal actions against her, one for failing to pay a car loan, and another regarding an unpaid medical bill.
The Gazette reported that Terry had "promised a Gazette reporter she would provide documents to prove she had been bonded. As of Friday evening, neither the Gazette nor Casto had seen any proof of the insurance bond."
Carney also became involved in a Mingo County legal hassle during one of her "investigations" and eventually was found guilty of a misdemeanor charge and sentenced to house arrest, although since it was Mingo County, it's impossible to say whether justice was served.
Tifney Terry's bad debt issues seem little more than those faced by many people -- the bad check was for about $13, and tons of people have problems paying their medical bills. But self-proclaimed "watchdogs" are particularly vulnerable to the legal issues in their own lives.
West Virginia Wants to Know has faded from the spotlight in recent months, no doubt in part due to the problems faced by its most high profile members. WVWTK had at one time opened an office, but closed it after it was unable to afford its costs.
The problem with most citizen watchdog groups is that they are often populated by people who have difficulty separating real scandal from run-of-the-mill sloppiness or innocent errors. They are just mad at government in general, and want to pick it apart person by person.
But a state like West Virginia is particularly wide open for the emergence of such groups because it does such a poor job of policing itself. The official government watchdog agencies are too often self-serving, politically shackled, or politically motivated (i.e. the Bill Charnock case), and the number of full-time investigative reporters working for the media around the state could be counted on one hand, even with a couple of fingers missing. Frankly, if the media had not become enamored of West Virginia Wants to Know, it is possible the Mezzatesta case never would have gained traction.
From what I understand, WVWTK is still somewhat active, particulary via Wanda Carney, but it likely will never reclaim the credibility or attention it once enjoyed. And while it did hit a home run or two, it suffered several more strikeouts than hits.
Perhaps the group's greatest legacy is the spotlight attention it received for a while, which should serve as a subtle reminder that trails of evidence like those followed by two inexperienced ladies from Kanawha County continue to exist for qualified agencies and journalists to pursue at any time.
West Virginia Wants to Know has faded, but its heyday offered evidence of a lack of oversight across the state
WVU alumnus McKinney issues open letter to president search committee
Dr. Doug McKinney, a WVU alumnus, former head of the state medical association, and now chairman of the West Virginia Republican Party, today issued the following open letter to the WVU president search committee.
Dear Search Committee Members:
As an alumnus of West Virginia University and a native son of West Virginia, I am gravely concerned about the continuing politicization of higher education in our state. The path your committee has taken in the selection process for the next President of West Virginia University raises serious concerns of political cronyism.
To most onlookers, the process appears to have proceeded as follows: Mike Garrison, the Chairman of the Higher Education Policy Commission of West Virginia, which oversees all public four-year public colleges and universities in the state and must ultimately approve the new WVU President, submits his application to be President of WVU. The search committee appointed by the WVU Board of Governors, who must be sensitive to its higher governing board (the Higher Education Policy Commission), then selects Mike Garrison as one of just three finalists, from dozens of applicants. Mr. Garrison then resigns his position with the Higher Education Policy Commission one day prior to his name being revealed as a finalist. This is a difficult “coincidence” for many of us to accept.
The dominant relationship held by any member of an oversight commission should on principle alone disqualify them from becoming a candidate for a position under their oversight.
Based on public information and media reports, Mike Garrison is a nice young man, a lobbyist, a lawyer, and a close friend and “insider” of both the former and current gubernatorial regimes. He is by all accounts an overachiever. But does that make him qualified to lead West Virginia's flagship academic university? I think not.
Higher education is too important to West Virginia's future to turn over to political patrons or connected cronies. The position of President of West Virginia University should be filled by someone who has a substantial record as a leader in the world of academics. Today’s global economy requires us to compete with the entire world in the academic arena. We can and must do better.
Accordingly, I challenge the WVU Presidential Search Committee to go back to the drawing board and seek out the best candidates available for this most important academic job. Take off the political or financial chains that may be holding you back and make the best decision for West Virginia's academic community, not our political community.
Some have expressed concerns that we cannot afford the best that the academic world has to offer as President of WVU. I'm sure budgetary concerns are always a challenge for higher education. But surely, in a day and age where our sports coaches command impressive and competitive salaries with other top-tier schools, we can provide no less for the President of the University. In fact, we have sacrificed and raised the necessary private funds to find and keep two of the best college coaches in America. Why can't we do the same for our college President? Perhaps Eddie Pastilong should be on this search committee.
Through the appropriate process, I would gladly lend my assistance and recruit others as well to establish and raise the funds necessary to attract the best college president who can be found. Promise Scholars, as well as all WVU students, deserve no less.
Judge Robert King has reportedly expressed similar concerns. I read that his letter was greeted by Search Committee Chairman Steve Goodwin with the criticism that the search has been underway for months, but Judge King just now decided to raise questions. I would respond by noting that there was little reason for concern until the three finalists were announced and countless applicants with impressive education resumes were passed over in favor of a political insider.
As someone once said, “If you think education is expensive, try ignorance.” Let’s Go, Mountaineers! We can do better.
Sincerely yours,
Douglas E. McKinney MD
All opinions are those of The Republican Gazette and its editor, Gary Abernathy, except letters or commentary signed by others, and do not reflect the views of anyone else, including clients of Abernathy Strategies.