Monday September 27, 2004

Some state workers were concerned an ethics controversy involving Del. Jerry Mezzatesta, D-Hampshire, might end with their work habits being scrutinized.

According to a report by a House of Delegates investigative team, several employees in the House Education Committee offices were trying to find ways to either delete or overwrite large portions of their computer hard drives should files be confiscated.

"They were concerned about disclosure of personal information and appearing that they were being paid for doing nothing," the report states.

The House of Delegates completed a month-long investigation that found staff members of Mezzatesta, including his wife, Mary Lou, had fabricated a letter to deflect allegations he sought state funds for school projects in his home district, where he works as a school administrator.

The report said employees in his office were concerned either that investigators or the media would gain access to their computers, and asked several computer gurus how to rid their hard drives of old and deleted records of activity and files.

"I believed this was more an attempt to delete and conceal personal items on the office staff's computers than an attempt to conceal (the letter)," Mary Lou Mezzatesta told investigators.

One employee went so far as to download legislative documents and portions of the state code that deal with education, then delete them and repeat the process to fill up her computer's hard drive.

Employees also considered downloading movies from DVDs to "take up space" and overwrite files.

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In the wake of the report showing the Mezzatesta letter was a fake, Republicans have criticized House leaders for not moving now to oust the delegate from his post.

At least one GOP leader put the request in writing, asking House Speaker Bob Kiss to move swiftly to reprimand Mezzatesta and his employees.

Del. Cindy Frich, R-Monongalia, wrote Kiss a letter Friday asking for Mezzatesta's removal from the education, finance and rules committees on which he serves.

Mezzatesta earlier this summer stepped down from his post as education chairman. It's not clear whether he initiated the move or was asked to step down.

"Being a member of the Minority (Party), it is not my place to initiate impeachment proceedings," Frich wrote last week.

"However, I stand ready to participate in such a measure. It is my steadfast belief that this is not the first violation of the people's trust by those involved, but it must be the last."

Kiss said last week that findings from the House investigation would be turned over to the state Ethics Commission and the Kanawha County prosecutor's office.