State ethics board rules against former Marblehead charter school head in probe

MARBLEHEAD – In an historic decision, the State Ethics Commission has found “reasonable cause” to believe that a former head of school and board member of the Marblehead Community Charter Public School violated the state conflict of interest law.This is the commission’s first publicized matter involving charter school officials and their compliance with the requirements of the conflict of interest law, Karen L. Nober, the Commission’s Executive Director, announced Tuesday.The commission voted on the matter April 17 after a preliminary staff inquiry which involved testimony by former Head of School Thomas Commeret.There will be no public hearing on the matter and no formal action against Commeret or former board member Robert Erbetta, the commission stated. Both men agreed to the so-called public education letters they received as a resolution of the matter.After a decade of building the MCCPS as its chief administrator, Commeret became a magnet for controversy due to a 2006 drunken driving arrest and a 2007 arrest for assaulting a student. After the arrest he was placed on administrative leave with pay for what became the remainder of his contract, which ended June 30. A jury found him not guilty of the assault in 2008.The commission noted that Erbetta was appointed to the MCCPS board of trustees and served from 2001-2007.In 2003 the board voted to add four classrooms and a gym to its leased space and designated Erbetta, the owner of Management Design Associates, to serve as liaison to the contractor.That same year Commeret hired Erbetta and Management Design Associates to be the school’s project manager on that project, serving until early 2006. The company earned $93,833, including $12,482 for what Erbetta described to the commission as “miscellaneous labor” that was not related to the expansion project. Meanwhile he continued to serve as board liaison to the project.In 2006 Commeret hired Erbetta as the MCCPS part-time facilities coordinator, working what appeared to be “about 10 hours ? a week” for $20,000 a year. He received a $400 pay hike for 2007.In March 2005 and in March 2007, Erbetta used his board member vote to support two-year renewals of Commeret’s contract.The commission noted that the board was unaware of Erbetta’s part-time hiring until after the fact and although Erbetta said under oath that he filed disclosures in 2004 and 2005 and believed that board members knew about his project manager arrangement, several unidentified board members said they were unaware of it “until after the fact.”The commission told Commeret that his actions violated a section of state law that deals with the appearance of a conflict of interest and it could appear that Erbetta, a member of the board that appointed him and a school contractor, could influence him improperly.The commission told Erbetta that he became a special state employee when he was appointed to the MCCPS board and should not have participated in board matters in which he had a financial interest.In serving as liaison and project manager simultaneously, the commission said, “You were substantially involved in the review of your own performance?even though your own board was not aware of that fact.” The commission called Erbetta’s disclosures “insufficient” to meet the requirements of state law and he did not make a disclosure before his votes on Commeret’s contract. The commission also said that Erbetta’s actions gave the appearance of conflict.