MARBLEHEAD — The state Ethics Commission is faulting former Marblehead Charter School head Tom Commeret and former board member Bob Erbetta for violating conflict-of-interest laws in 2003.
That year, Commeret hired Erbetta to oversee a $500,000 expansion of the school, adding four classrooms and a gym. According to the commission, the arrangement should have been revealed to the other members of the school's board of trustees, and it wasn't.
Commeret called the ruling "silly," retorting that the arrangement was known to the board at the time. Erbetta agreed, insisting that his costs could be found in the budget and his work was well-known.
Emil Ronchi, the current board chairman at Marblehead Community Charter Public School, backed them up, noting that the charges arose out of a bitter split over Commeret's leadership. "I don't believe Mr. Commeret is any more culpable than other board members. I really believe everybody was trying to do the right thing and they may have been careless."
Publicly released letters from the commission's executive director, Karen Nober, to Commeret and Erbetta cite evidence of a conflict. Erbetta's company, Management Design Associates, was hired as project manager and eventually paid nearly $100,000, she wrote.
"Although you told us in a statement under oath that board members knew of this project manager arrangement," Nober wrote to both men, "several board members stated that they were unaware you were being compensated for this work until after the fact."
Further, in 2006, Commeret hired Erbetta as a part-time facilities coordinator, paying him $20,000 for the year. The board learned of this afterward, according to Nober.
In a letter to Commeret, she pointed out, "It was standard operating procedure at the school for you to assume 'unilateral control' over staff hiring."
The Erbetta letter acknowledges that he informed the state Department of Education of his role in working occasionally as construction manager. Nober writes, however, that he failed to file a disclosure addressing the conflict-of-interest law. In addition, she cited a lack of detail regarding Erbetta's work.
Nober said in his dual role as board member and employee, Erbetta was "substantially involved in the ongoing review of your own performance ... even though the board was not aware of that fact." There was no specific, written disclosure to the board from Commeret regarding Erbetta's role, she indicated.
Meanwhile, even as he was being compensated by Commeret, Erbetta voted twice to renew Commeret's contract as head of school.
The release of the letter ends the matter without a formal hearing, which, according to commission spokesman David Giannotti, would potentially expose an individual to a $2,000 civil penalty.
Commeret and Erbetta agreed to its release, but in doing so did not acknowledge its truthfulness. For his part, Erbetta said he agreed to publicizing the letter because it is educational, teaching other officials what the standards are.
"My conscience is clear," he added. "I actually donated more hours than I was compensated for. I donated tools. And a snowblower. Those are still at the school." Involved at the school even now, he said, "I don't think you'll find too many people to duplicate my dedication to the school."
'All part of the turmoil'
For Commeret, 57, this is one more blow following a tumultuous tenure. He was the first head of school, coming on board in 1995 when the facility was first opened and leaving in 2007 after being charged with pushing a student. He was eventually cleared in that matter but complains that the taint has left him so far unemployable in his chosen field.
He sighed audibly when asked about the conflict-of-interest charge. "It's all part of the turmoil that was over there. Everything was done with the board's knowledge. ... We were just trying to build a school." He expressed pride in the Charter School, which is now considering an expansion.
"It's a darn good school. ... All the test scores prove it."
He credits Erbetta with helping build the facility. "We both thought the (ethics complaint) was ridiculous from the get go. We weren't trying to hide anything. That school was built with sweat equity by me and Bob Erbetta. ... We thought we were doing well by the kids."
From its inception, the charter school has drawn the ire of those dedicated to the town's traditional public school. Every Marblehead youngster who attends the charter school brings public funds that would otherwise go to the town's schools.
Thus, Commeret faced hostility from the start, but he also seemed to attract trouble, once engaging in a contentious face-off with then-Superintendent of Schools Ellen Minihan, later drawing fire from his own board for what some saw as a high-handed approach.
"I feel passionate about my students and want to do right by them," he said.
From time to time, Commeret, who still lives in Marblehead, attends board meetings to see how the school is doing.
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