Corruption In Higher Education (PT2)
Corruption In Higher Education
How A Letter Delivered To Former Fairmont State University President Dr. Mirta Martin Uncovered A Corrupt World Of West Virginia Politics That Includes Secret Meetings at the Capitol, Personal Agendas, Deep Loyalties and Governor Jim Justice: (Part 2)
By Nicole Leigh
West Virginia Watchdog
September 2022
During the Martin Luther King Jr. weekend of January 2022, while the Northeast was being hit by a major snowstorm, Dr. Martin was in Washington D.C caring for her daughter who had just had major surgery only days before. On Tuesday, January 18th, the day following the holiday, Dr. Martin had a scheduled meeting in Charleston with Senate President Craig Blair (R Berkeley) and other state legislators, concerning the situation between Pierpont Community & Technical College and Fairmont State University.
Understanding the importance of the meeting, Martin left her daughter and drove over seven hours in extreme conditions, to head back to West Virginia. She arrived in Bridgeport, where she picked up Graduate Assistant and Legislative Liaison Ely Osborn, as well as Lt Col Joel Kirk, Director of the Aviation Center of Excellence.
It was at this time, due to the poor weather conditions, a phone call was made to Senate President Craig Blair’s office confirming the meeting was still taking place that day and the scheduled location. Senator Blair’s office did confirm that the meeting was still being held and that Dr. Martin was expected to attend. Blair’s office also shared that the meeting location had been moved to another, larger conference room. The trio then drove the additional two hours to Charleston.
Once arriving at the meeting, Dr. Martin was met by, extremely displeased Fairmont State Board of Governor’s Chair David Goldberg. He expressed that he was not happy that Dr. Martin had arrived for the meeting and was under the impression that, similar to Pierpont’s President Hancock, Martin had not been invited.
Dr. Martin was adamant in her assertion that she was invited to that meeting, specifically by Senator Blair’s office and Ely Osborn confirmed the details of the invitation with the Senator’s staff just hours earlier. According to a notarized letter written by Senator Bob Beach (D Monongalia), he had met with Senator Blair the week prior and confirmed that Blair had stated he had scheduled Martin for a meeting the following week. The letter states though, that Beach recalls Blair saying the meeting with Martin was for that Monday, not Tuesday. Monday was Martin Luther King Jr. Day, both a federal and state holiday. (Later, it also became the day of huge snowstorm that impacted most of the Northeast)
The scheduling of the former FSU President, for a meeting date that she is steadfast in her claims was for Tuesday the 18th, could easily have been an oversight on the Senator’s part. In an effort to give him the benefit of the doubt, one could say Senator Blair may have intended to meet with Martin at a different time, but with the meeting for FSU and Pierpont already scheduled, accidentally added her to the wrong meeting date. Of course, when she arrived, instead of apologizing for the error and making concessions, such as calling President Hancock and asking if he was also available to join considering the meeting was about both of these President’s institutions and the optics of them not being invited were suspicious, Senator Blair refused to address the issue in any capacity and Dr. Martin was made to leave the meeting.
Dr. Martin contacted several House Delegates, requesting assistance in the matter. The Delegates were also refused entry into that private meeting.
A source at the Capitol, who was witness to some of the events that transpired that day, recalls seeing Martin after being banished from the meeting, “Dr. Martin was always so professional. Seeing her, the President of one our major public state universities, her staff member and Joel Kirk, a veteran of this country, reduced to sitting on the steps of the capitol because they were kept out of that meeting, was shocking and very uncouth.”
The details of that private meeting and those who were allowed to attend, were recorded in that notarized letter written by Senator Bob Beach, a vocal opponent of the attempts to remerge to the two institutions. The letter Senator Beach drafted was titled “Details of Private Meeting Held on January 18, 2022”.
In the document Beach describes the days leading up to the meeting and his discovery that no invitation to attend the meeting was extended to Pierpont President Dr. Hancock, or to any member of his cabinet. Senator Beach goes on to list the Senators present in the meeting, Senate President Blair and his attorney, a couple of executive members of both FSU and Pierpont’s BOG, as well as lobbyist and political consultant Larry Puccio Sr. and his attorney. In what seems to be an oversight, the letter is missing only one Senator’s name and the members of the Governor’s office who were also in attendance.
The point of the meeting was purely to establish the steps to proceed with re merging Pierpont with FSU. I can say with certainty that both sides were strategically putting into motion the steps necessary to begin a merger. Both Chairs of the Board of Governors from Fairmont State and Pierpont in cooperation with Larry Puccio, Sr. wanted to proceed with a merger. When asked by Senator Blair, both parties agreed to a merger and believed they had the support of their respective Boards.
(Senator Bob Beach, Details of a Private Meeting Held on January 18th, 2022)
When talks of the remerger became public, many in the community wanted answers as to why the boards of both institutions were suddenly fighting to reconnect after just disbanding. The answers that were giving came only from board members and did little to satisfy public inquiries or understanding. The reason for the lack of transparency was the same reason President Hancock was not extended an invitation to the private meeting at the Capitol and why President Martin was kept out, the Presidents were against the remerger, as were numerous faculty, staff and students. Both Presidents were issued gag orders by their boards and neither were allowed to comment on the situation, forcing the public to assume that they agreed with the decisions of their boards, when neither actually did.
Testimony At the House Education Committee
It was Senate Bill 653, sponsored by Senators Mike Caputo (D-Marion), Ryan Weld (R-Brooke) and Mike Romano (D-Harrison), that brought testimony to the House Education Committee in March 2022. Held over a period of two days, March 5th and 7th, that testimony gives us some insight to the motivations of Pierpont’s BOG.
After Higher Education Policy Commission Chancellor Sarah Tucker, gave some background testimony, Pierpont’s BOG Member Anthony Hinton and Chairman David Hinkle were called in succession.
One listening to the testimony of only these two individuals and with no other context may have been swayed by their words, but any average citizen with just a basic education, would easily have become confused by the lack of information either men truly provided while insisting to move forward with a bill they claimed was in the best interests of all involved. The spin of half truths and contradictions, was not lost on the House Education Committee. In that testimony you can hear their audible frustrations with the merry go round of confusion.
Board Member Anthony Hinton begins by explaining to the committee members the major sticking points for Pierpont’s board: the $1.5 million the college must pay FSU each year, until 2032, and the airport hanger located in Harrison County at the Robert C. Byrd National Aerospace Education Center.
The Aviation Maintenance Technology Program, commonly referred to as A&P, can’t increase cohort size to the degree business and industry would like due to a lack of space. Also, the $1.5 million paid to FSU, as agreed to in the MOU (Memorandum of Understanding), was causing severe hardship on the institution. The current board, according to Hinton, was very concerned about their financial future going forward. By merging the two institutions, he claimed that they would save approximately $10 million and be able to acquire a new hanger.
After hours going back and forth listening to both Hinton and Hinkle testify to being the most informed on the subject and knowing what was best, yet still being unable to provide even basic information on their own institution outside of the scope of the A&P program, the Delegates had enough. Asking if they had brought with them either Pierpont’s President or CFO, Hinton stated that President Hancock did not join them that day and he “ABSOLUTELY” was not responsible for bringing their CFO Dale Bradley, though Mr. Bradley was in attendance.
President Hancock was prevented from attending the meeting by their board Chairman David Hinkle. Gagged, he was unable to not only attend, but to speak out and share his true thoughts on the board’s attempt of a remerger. CFO Dale Bradley was under no such gag order, since the Board of Governors is unable to issue such orders on administration, faculty, staff or students.
Upon arriving at the Capitol that day, Dale Bradley and Lyla Grandstaff, Former Vice President of Student Services (resigning just the day before),were met by the very displeased Hinkle. They were never expected to testify, but being personally asked by Delegate Danielle Walker (D-Monongalia), they came to clarify many untruths being told by some rogue board members. Much of their testimony didn't just “misalign” with that of Board Chair David Hinkle, Board Member Anthony Hinton and later FSU Board Member Jason Pizatella, but it completely contradicted it.
Bradley testified that Pierpont was under no such financial hardship. In fact, the institution was doing well considering the loss of enrollment during Covid and it had nearly $10 million in the bank, as of December 2021 and 180 days cash on hand. A report that Bradley stated was given to Pierpont’s Board of Governors during a December meeting along with additional supporting documents since then. He went on to testify that they had already completed their budget for the following year and payments to FSU were the first to be added.
During the testimony, Delegate Doyle (D-Jefferson) asked Bradley, “To your best judgement would Pierpont, remaining separate, be able to make those payments and… would be in good fiscal shape?” Bradley replied, “In my professional opinion, having been the CFO since 2010, absolutely. There is no question about it.”
When asked later if Pierpont’s financial model was sustainable Bradley confidently responded, “I believe it is. Its a very similar model that we’ve been running since I’ve been the CFO. It's not that different from before. We always have to adjust our budget based on enrollment. That goes on every year. You have to make adjustments and you have to live within your means and Pierpont has always done that,” He went on to state that in order for Pierpont to fail they would have to lose all state appropriations and never enroll another student.
It wasn’t just the financial stability of Pierpont that Bradley contradicted his Board on. There was also the matter of tuition, as well as room and board, that both he and Lyla Grandstaff, found to be of great concern.
Currently Pierpont’s yearly cost of attendance is $5,086, while Fairmont State’s is $8,208. Pierpont students would be subject to the tuition increase once merged with FSU. Pierpont would no longer be independent and would lose their accreditation. In addition to the tuition increase, all first and second year FSU students under the age of 21 living outside a 50 miles radius, would be required to live on campus. A cost of an additional $10,022 per year that would affect the majority of the nearly 400 Pierpont students currently under the age of 21.
Though FSU Board Member Jason Pizatella, made claims that students could apply for waivers and they would likely be approved, Lyla Grandstaff pushed back. Grandstaff stated that promises of a wavier before a student is enrolled can’t be done and that according to the Departments of Education’s Civil Rights Policy, all students are suppose to be equal and one can’t be afforded special tuition or privileges over another. She also asserted that the fear many students would be required to repeat classes, was a strong possibility.
When asked how Hinkle and Hinton could claim a savings of $10 million with the merger, CFO Bradley cited that it was his belief, the only way to achieve that was in firing more than 100 employees. The majority of those would be in duplicate services such as general education, admissions and recruitment, the business office, healthcare facilities and allover support services.
When the Delegates dug deeper into the series of events that led to the current bill coming before them for a vote, a bizarre web of intentional actions, designed to deceive the public, began to untangle.
A Vote Of No Confidence
After being appointed to the Pierpont Board of Governors, both Hinton and Hinkle asserted they discovered the old bill, drafted in 2017/2018. Despite the separation being widely publicized, they stated that they knew little about the agreement and wondered why the bill had not passed.
They testified that, for informational purposes only, numerous meetings with various individuals had been had, but the first meeting in Charleston with Senators was held in late 2021. (Hinton testifying to Nov/Dec 2021 and Hinkle testifying to Dec/Jan 2021/2022) The men claimed they only wanted to better understand the bill and the separation of the two institutions. Later, upon further questioning, those details changed greatly.
It was discovered that the late 2021 meeting was more in depth than originally portrayed and consisted of multiple Senators and FSU representatives. When asked who was first to contact the others regarding the remerger, Hinkle stated that the two institutions came together equally and at the same time, to facilitate remerger discussions. FSU Board Chair David Goldberg says otherwise.
We’ve been having conversations with Pierpont for a couple of years,… not this legislative session, but the legislative session before, there had been talks about the schools coming together. Some of the board members were not for it, some others in the community were and legislation did not pass. It was dead. A separation agreement was signed, moving on. Then, new board members were put in place at Pierpont and they resurrected conversations with us. Fairmont went through painstaking efforts to separate from the bonds, create a separation agreement, to completely…remove the programs from each other and their campuses with a timeframe that included moving the aeronautical off the facility and move forward. You can talk to Chairman Hinkle, Lisa Lang and some of their board members. They were the ones that approached us about bringing the programs back together.
(David Goldberg, Fairmont State Board Chair)
Surprised to hear of this additional secret meeting, the Delegates asked who was in attendance. Hinkle, stumbling over his words, first stated he couldn’t remember, then clarified by saying he didn’t know any of the individuals at the meeting except for Senator Bob Beach and HEPC Chancellor Sarah Tucker.
Sources say that this claim by Mr. Hinkle is untrue and that he did know all of the participates of the meeting.
It wasn’t until a special session of Pierpont’s Board on January 26th, after the late 2021 meeting and the January 18th meeting, that a vote was taken to explore the remerger of the two schools. This vote contradicted Hinkle’s assertion that he already had full board support to go forward with the remerger on January 18th. It was Board Member Anthony Hinton that brought forth the motion.
b. Move forward with a discussion of a strategic partnership with Fairmont State University
Anthony Hinton moved:
That the Pierpont Board of Governors will discuss a potential strategic partnership between Pierpont Community & Technical College and Fairmont State University to look at opportunities from an operational perspective.
Anthony Hinton moved to amend this motion by inserting the statement that Pierpont Community & Technical College will engage with a legislative consultant to assist in the exploratory process with the intent of maintaining the College’s best interests.
Jillian Sole seconded the motion. All agreed. Motion carried.
(Pierpont CTC Board of Governors Special Meeting, January 26, 2022)
Not long after that meeting, Pierpont’s Faculty Senate and Classified Staff Council voted “No Confidence” in the Pierpont Board of Governors. In a press release, Faculty Senate President Susan Coffindaffer stated,
Pierpont’s Board of Governors (BOG) is acting contrary to our distinct mission as an independent and autonomous college and is not acting in the best interest of our College. Following Chair Hinkle’s mischaracterization of a January 26 vote of Pierpont’s BOG as a vote for merger with Fairmont State University, Pierpont’s Faculty Senate held an Emergency Meeting to discuss the questionable activities of the 2021-2022 Pierpont Community and Technical College Board of Governors. Faculty Senate voted against a potential merger and directed the Senate Executive Committee to identify grievances and draft a Resolution and Complaint of No Confidence against Pierpont’s BOG… a valid vote required 2/3 vote or 37 faculty. The vote exceeded that threshold, and only one faculty oppose the Resolution and Complaint of No Confidence. Let me be clear so our elected leaders hear and know: This one-sided endeavor is not accepted by the groups that make up Pierpont.
Pierpont Community and Technical College (Pierpont) must remain independent to fulfill our community and technical college mission and better serve the citizens of our thirteen-county service region…
Now, Therefore, Be It Resolved that the Faculty Senate of Pierpont & Community Technical College approve this Motion and Vote of No Confidence in Pierpont’s Board of Governors.
We ask for that they and any other appointed member who cannot advocate for Pierpont’s independence and the separation of community and technical colleges be replaced with appropriately vetted, interested volunteers from within communities that include our thirteen-county service region.
(Pierpont Faculty Senate Statement February 15, 2022)
In the 18 page press release, the Faculty Senate identifies in detail, a timeline of events and specific violations. The statement went on to list grievance that facilitated the vote including: the board members strong conflicts of interest that “create the appearance of impropriety and taint the decisions of the whole.”, a lack of transparency and violations of the Open Meetings Act, not doing their due diligence before entering an agreement with FSU, and betraying the oath of loyalty and duty of obedience to Pierpont by not acting in its best interests or consistent with its mission.
In addition, Board Chair and Harrison County Commissioner David Hinkle’s continuous “misrepresentations to the press and college community”, as well as his poor and unprofessional behavior at recent County Commission meetings, were cited as a violation of Pierpont’s Code of Conduct.
Following the vote, no investigation from the state or Governor’s Office was done and no board members were replaced.
Delegates of the Education Committee posed the same question to Chairman Hinkle and Board Member Hinton numerous times during their testimony. If the A&P program was the financial hinderance to Pierpont that they claimed it was, why not turn over the program to FSU instead of giving up their independence and accreditation with a merger?
Though neither of the men could give an answer that any average person listening would be able to make sense of, both did admit numerous times that they weren’t involved with day to day activities and displayed to the committee that they did not have all of the information, one would expect, in order to make such a monumental decision.
When we step back from the situation, all these months later, we are able to better understand that this was not just about two institutions playing out a dramatic divorce with second guessing and regret. This was a game of chess. The players skilled in their strategy and ability to see moves they needed to make far in advance. The institutions, the Presidents, the faculty, the staff, the students and the community, just pawns with little value, and used to better their position. Because in chess the pawns are the pieces you sacrifice to win.
On July 6, 2021 Monongalia County Commissioner Tom Bloom had an important meeting. Over the previous three months, he had been quietly meeting with Jonathan Vrable, Director of the Morgantown Municipal Airport, Senator Bob Beach (D-Monongalia) and Pierpont CTC President Dr. Anthony Hancock. They had been working together to help Pierpont fulfill the requirements of their MOU.
The A&P program needed a new home and with many students at Pierpont coming from Monongalia County, Morgantown wanted to welcome them. Originally, discussions had been had to move the entire program to a new facility in Morgantown. It would’ve allowed the program to continue and to thrive under Pierpont. It would’ve allowed them to follow through with the MOU to vacate the Robert C. Byrd National Aerospace Education Center. It would’ve allowed them to expand their footprint in West Virginia by expanding to additional counties that they already serve. It would’ve allowed them to stay independent and maintain their accreditation. It was an answer to a problem, facilitated by individuals who came together and worked toward a legitimate solution in the best interests of all involved.
Unfortunately the deal would never be finalized and the discussions set off a domino effect that would bring to light the corruption in our Government.
Questionable Appointments
After discovering Dr. Hancock’s work to save the program and move it to Morgantown, Senator Mike Romano (D-Harrison) stepped in. Sources claim that Romano had confronted Hancock and made it clear to the President that he was “running the train and he [Hancock] better get on board.” It was at this time that Dr. Hancock backed away from the plans to move the entire program to Morgantown and instead, reworked the discussions to focus on the county becoming the home of the expanded program. The expansions would include a Hospitality Program, a Women In Aviation Program and an Engine Repair Program.
Plans for the city to build two new hangers to assist with these programs, a 20,000 square foot hanger and a 10,000 square foot hanger, were also discussed. The Engine Repair Program would, potentially be the the only one of its kind on the East Coast, if not, the country. Senator Bob Beach had pledged $100,000 to help fund the program with the City of Morgantown considering an additional pledge of $50,000.
According to County Commissioner Tom Bloom, before the deal with the City of Morgantown could be finalized, all conversations ceased and Dr. Hancock wasn’t returning phone calls. “There were private discussions being had with state officials to move the aviation program to Morgantown, but then they suddenly stopped.” Bloom remembered.
Coincidentally, at this same time, the Pierpont Board of Governors was experiencing an overhaul. For three years former BOG Chairman Tom Barlow had attempted to appeal to Governor Justice to appoint, or reappoint, board members. Many of the the current board members had expired terms and with no ending in sight, some were becoming fatigued while others just wanted continuity.
Barlow, Vice-Chair Chip Van Alsburg, as well as the former Executive Assistant, had contacted Governor Justice’s office in various ways. They had called, sent letters and even went down in person. For three years they were ignored, but just as the board and Dr. Hancock had made moves to fulfill the MOU and find a new home for the A&P program, Governor Justice stepped in.
At the end of June 2021, Dr. Hancock was notified that, effective immediately, Board of Governor’s Chair Tom Barlow and Vice Chair Chip Van Alsburg, strong advocates for Pierpont remaining separate from FSU, were being removed from their positions and five new board members would be appointed. No one knew who had recommended the new members or why they were suddenly appointed with no warning. These board members would be the same members to facilitate the remerger with FSU and to cause Pierpont’s Faculty and Staff to declare a vote of “No Confidence”.
Though not well known to many, the new board members were exactly what Governor Justice was looking for. Lacking any higher education background or diversity in their fields of business, almost every board member had one surprising thing in common; they all were associated with the aviation industry.
New Chairman David Hinkle is a Harrison County Commissioner, but also sits on the Board of Directors for the North Central West Virginia Airport Authority. Board hopper and new Vice Chairwoman Lisa Lang is the wife of Bridgeport Mayor Andy Lang who also serves on the Board of Directors for NSWV Airport Authority. Board Member Anthony Hinton is Head of Service Centers for Mitsubishi Heavy Industries Regional Jets, a company that only 2 weeks prior had, with Governor Justice and Senator Romano at the forefront, announced an expansion in Bridgeport that would include two new hangers. According to Romano, the announcement was years in the making. Hinton is also on the board of directors of WV Aerospace Alliance. Board Member Jeffery Powell is the Business Development Manager at Pratt and Whitney Canada, an aircraft engine manufacturer and he also serves on the WV Aerospace Alliance Board of Directors. Lastly, Board Member Thomas Cole is a retired physician’s liaison for Mon General, a Mon Health hospital which FSU Board Chair David Goldberg is the President and CEO.
In addition to the new board members, Governor Jim Justice also re-appointed Board Member Brian Bozarth, for an additional term. Bozarth works for Pratt and Whitney Canada as the Finance Supervisor and is also on the Board of Directors of WV Aerospace Alliance.
If the sudden and strategic appointments of the new members and removal of others, wasn’t already enough to raise eyebrows, two additional matters also added to the confusion. Though Former Chair Tom Barlow and Vice Chair Chip Van Alsburg had been removed without notice and all the board members had taken their positions on the board in late June, none of the appointments were ever confirmed until October 2021. There was also one board member who, interestedly enough, was neither re-appointed or replaced.
Larry Puccio Jr., the son of Joe Manchin’s former chief of staff turned lobbyist Larry Puccio Sr, was originally appointed to Pierpont’s BOG in August 2017. Though it was the same time Bozarth was appointed, unlike Bozarth, Puccio Jr. did not receive an official re-appointment, but was not replaced on the BOG despite his term expiring in August of 2020. It should also be noted that Jay Puccio, the brother of Larry Jr. was also appointed and currently serves on the Fairmont State Board of Governors.
At this time, in addition to Larry Puccio Jr., two other Pierpont BOG members are serving with expired terms. Both Anthony Hinton and Brian Bozarth have terms that expired this past June 2022.
FSU Board Chair, and President and CEO of Mon Health, David Goldberg was asked about the speculation of a conflict of interest in regards to Pierpont’s Board Chair David Hinkle’s position on County Commissioner.
“I met Chairman Hinkle through this process. I don’t know him over and above, since he became the chairman of Pierpont. We [Mon General] are quasi in Harrison County… anything we would want to do to come into any community, we have to file regulatory approaches, whether filing for a certificate of need or buy a practice or build a building. That’s all at the state level. That’s not at the county level, unless it’s zoning involved. But that’s about it. There is no other interest or personal agenda at all.”
(David Goldberg Fairmont State Board Chair)
Shortly after this statement, Mon Health announced they applied for a Certificate of Need to open a new hospital in Harrison County with an estimated project cost of $22.5 million.
Governor Jim Justice may appear as an unwitting participant in appointments that may or may not have benefited his friends, but his role in the Pierpont/FSU saga is substantial.
During the original negotiations for the separation of the two institutions, Justice requested an independent evaluation of the situation to be done. Dr. Jack Hershey, President of the Ohio Association of Community Colleges, was brought to West Virginia to review the institutions and give an opinion.
According to multiple sources, Dr. Hershey determined that the institutions should remain separated. When a copy of that report was requested by a few notable individuals involved with the Fairmont/Pierpont ordeal, including some in Charleston, they were told by Dr. Hershey that Governor Justice gave him specific instructions to not produce any written reports and that he was to give him a verbal report only.
During his testimony at the House Education Committee, Pierpont CFO Dale Bradley spoke on the procedures that were meant to be taken during the separation. Explaining that two state agencies can’t sue each other, Bradley added, “Code calls for an arbitration committee. We actually asked the Governor to take it through an arbitration process and he refused to do that. We’re not sure why.”
After Bradley’s testimony, which two members of the Governor’s office unexpectedly showed up to hear, sources say Senate President Blair was so enraged he threaten to have Bradley fired from his job and arrested for, what Blair claimed was, false testimony. Despite being able to corroborate that his testimony was accurate and his evidence contradicted that of Board Chair Hinkle and Board Member Hinton, no such threats or disciplinary action was ever taken toward the two men for perjury.
Naming it after the Fleetwood Mac song “Go Your Own Way”, Delegates Heather Tully (R Nicholas), Caleb Hanna (R-Nicholas) and Laura Kimble (R-Harrison) proposed an amendment to SB 653 that would keep the two institutions separate and independent, but turn over the A&P program to FSU, a solution recommended by Bradley.
“A simple solution would be; Pierpont is more than willing to allow the A&P program to go to the person who owns the facility [FSU]. We are willing to run the program for the next year to allow them to get through accreditation. That takes care of the industry needs. That takes care of the reason we're here and going through all of these complicated things. We’re going on about tuition and fees and all of this stuff, it fixes everything. Pierpont goes its way, FSU goes its way and the A&P program is safe. It's simple.”
(Pierpont CFO Dale Bradley; House Education Committee Testimony March 7, 2022)
Agreeing, the House passed the amendment 90-3 (7 absent). The bill never makes it to the Senate floor though. Sources at the Capital assert that Senator Blair, knowing that the new amendment bill would pass the Senate, confronted Education Committee Chair Senator Patricia Rucker (R-Jefferson). Rucker was not a supporter of the remerger, feeling that 4 year institutions and 2 year institutions should always remain separate. In his attempts to persuade Rucker to change her position, Senator Blair became aggressive, verbally accosting the female Senator to such a degree, that he scared those that could hear his yelling and a few prepared to call security to have the Senate President removed.
Blair eventually composed himself, but just weeks later, he removed Senator Rucker as Education Chair, replacing her with former teacher, Amy Grady. Spinning the narrative to all who questioned his motives, Blair declared that he appointed Grady because he wanted a teacher in that position. Speaking to the WV State Board of Education he stated “I wouldn’t send a welder to do an electricians’s job.”
But Blair had done exactly that. Blair was the one who appointed Rucker in the first place and was hoping that his reputation of intimidation and retaliation would be enough to keep those, in the know, quiet. The public didn’t know the truth and he just needed to sell them his story in order to escape accountability,
The Grandmaster
During the four months I investigated this story there was one burning question I was asked by almost every person I spoke with; Why?
Why did Governor Justice suppress the report of Dr. Hershey? Why did he not allow for an arbitration during the original separations? Why did Senator Romano prevent Dr. Hancock from fulling the MOU and relocate to Morgantown? Why did the Governor appoint Puccio brothers to both boards? Why did he replace Pierpont’s Board of Governors suddenly? Why did the new board revive meetings with Fairmont State? Why were Senators complicit in the discussions allowing the board to blatantly violate the Open Meetings Act? Why were the Presidents kept out of those meetings and prevented from speaking on the matter? Why did Senators Mike Caputo (D-Marion), Ryan Weld (R-Brooke ) and Mike Romano (D-Harrison) sponsor a bill to remerge the institutions without fully investigating the financial situation of Pierpont? Why did the board ignore the financial report and supporting documents provided by Pierpont’s CFO Dale Bradley? Why did Hinkle and Hinton commit perjury during their testimony at the House Education Committee in an effort to get them to pass SB 653? Why was Senate President Blair intimidating those who could block the bill and censoring students? Why was the Governors office quietly participating in the secret meetings and acting as spectators during Bradley’s influential testimony?
Without being able to see the entire picture, the public has had to fill in the blanks, with the little information provided by the institutions and our Legislatures, then build their own narrative. Every person you ask about the Pierpont/Fairmont State saga will likely give you a different answer as to what happened. Unfortunately, even with all the information already provided in this article, there is still a large piece missing. A piece that needs to be discussed in order for anyone to be able to form legitimate opinions.
During my many interviews with numerous sources who spoke with me candidly, there was one topic, one name, that spooked everyone. During one specific interview, which my source allowed me to record, they would require me to stop the recording any time this person was mentioned. After nearly every interview where his role in the story was discussed, I was given a similar warning. The words of one source rattled in my head weeks after they were spoken: “Be very careful. You’re playing with fire. He is the most powerful individual in West Virginia.”
Larry Puccio Sr., a lifelong friend to Senator Joe Manchin and former campaign consultant for Governor Jim Justice, could arguably be titled the Grandmaster of West Virginia politics.
Often operating in the shadows, Puccio has a degree of influence that many in West Virginia could never really understand. He is a controversial figure that has assisted many leaders of the state with becoming wealthy beyond comprehension while using the hard working and loyal people of West Virginia to do it.
He, and his partner Angel Moore, have made hundreds of thousands of dollars lobbying for large, and commonly out of state corporations, owned by many of our wealthy leaders. Many of the policies Puccio has lobbied for hurt West Virginia, our natural resources, our topography and our people.
Larry Puccio's conflict of interests with Fairmont State University and Pierpont CTC run deep and no one is discussing it publicly. Shortly after his friend, Governor Jim Justice, appointed Puccio’s sons, Larry Puccio Jr and Jay Puccio, to the boards of the dueling institutions, Puccio Sr. was quietly hired by Fairmont State as a lobbyist. President Martin, with her business background and always looking toward FSU’s financial situation, was strongly opposed to the hire. FSU had always had a Graduated Student appointed to the role of Legislative Liaison.
Puccio’s name never officially appeared on any Fairmont State BOG or Committee agenda, nor in any minutes. Our first notice of the hire comes in December 2020 when discussion of hiring a Governmental Affairs Liaison is presented to the board. Though the minutes show that the discussions were only to possibly hire someone, Jay Puccio's abstention from the vote, lead many to assume that the board had already had talks of an appointment outside of the official meeting and that Larry Puccio Sr. had already been decided on.
II. DISCUSSION AND POSSIBLE ACTION FOR BUDGET ALLOCATION OF FUNDS TO SUPPORT RETENTION OF A GOVERNMENTAL AFFAIRS LIAISON Chairman Goldberg advised that as we are going into the next legislative session, we would like to have a focused approach as we approach Charleston and our delegation. Therefore, we would like to have a discussion with the Board about potentially proceeding forward with a dedicated governmental affairs representative.
Mr. John Schirripa advised that in light of our current financial position, and the current environment, he would like to defer this item to the finance committee. Mr. Jay Puccio advised he would like to recuse himself from the discussion. John Schirripa made a motion to accept the following:
A.
I move to defer the discussion and possible action of a governmental affairs liaison to the finance committee.
Rusty Hutson seconded.
11 approved, 0 opposed, 1 abstained. The motion passed.
(Fairmont State University Board of Governors Meeting Minutes December 16, 2020)
In order to keep the hire quiet, the board sent the decision to the Finance Committee who’s members consist of only BOG Members Jennifer Kinty, David Goldberg, Jason Henderson, Rusty Hutson and Deborah Prezioso. On the committee agenda Puccio’s name is still not mentioned and instead an appointment for a “Pro-Bono Governmental Affairs Liaison” is. (No minutes for this meeting has ever been posted)
5. Information – Pro-Bono appointment of Governmental Affairs Liaison
(Fairmont State Finance Committee Agenda February 3, 2021)
Sources state that Puccio was hired for just under $50,000, which would prevent his name from appearing on the agenda for a BOG vote. Part of the conditions of his hire, were that he was to report to Dr. Martin each month.
Refusing to meet with Martin and instead only meeting with Board Chair Goldberg and Vice Chair Hutson, this was a condition that he never followed. It is only through the required lobbyists report disclosures to WV Ethics Commission, that we can confirm Puccio does, in fact, work for Fairmont State University.
It should also be noted that Larry Puccio Sr. is also a lobbyist for FSU Vice-Chair Rusty Hudson’s Alabama based company, Diversified Oil and Gas. Beating out ExxonMobil as America’s biggest natural gas well operator, Diversified Oil and Gas operates approximately 69,000 oil and gas wells and is worth over $1 billion.
One of the natural gas industry’s top lobbying priorities last year was stripping the methane fee — dubbed the “natural gas tax” by opponents — out of the Build Back Better Act.
The fee — meant to cut emissions of the potent greenhouse gas — represented a particular threat to one of the companies in the coalition, Diversified Energy. The company is the eighth-largest methane emitter relative to its natural gas production, according to an analysis of the 100 largest oil and natural gas producers in the country conducted last year for Ceres, a sustainability nonprofit.
“Their entire model is buying tired old wells and extracting the last bits of revenue they can out of them,” said Andrew Logan, the nonprofit’s senior director of oil and gas. “And the economics of that may not work in a world that actually puts a value on methane emissions.”
(Washinton Post)
Puccio was an instrumental part of the of the secret meetings and discussions regarding the remerger of Pierpont and FSU. His disclosures to the WV Ethics Commission show numerous dinners, paid for by Puccio, with the main figures behind the push for SB 653, including Senators Caputo, Weld, Romano, Rucker and Nelson, Senate President Blair, Delegates Amy Summers and Joe Staler, as well as Governor Jim Justice’s Chief of Staff Brian Abraham.
Disclosures filed with the WV Secretary of State’s office show that Puccio was also a contributor to the campaigns of Senator Mike Caputo, Governor Jim Justice and WV State Treasurer Riley Moore. Mr. Moore has been under national scrutiny for the banning of numerous financial firms from doing business in West Virginia, including JPMorgan that worked predominately with WV Public Universities. The five named firms, Goldman Sachs, Morgan Stanley, Wells Fargo, BlackRock and JPMorgan, had publicly declared they were reducing financing to new coal projects.
At the May 17th Fairmont State BOG meeting, where President Martin was stripped of her powers, a new face appeared. Without board approval or the knowledge of many board members and administrators, Puccio’s business partner, Attorney Angel Moore, took the role as FSU legal counsel. My sources state that due to the fear of retaliation from Executive BOG members, as well as Puccio and Moore, they have been apprehensive to challenge the appointment.
In addition to Hutson’s Diversified Oil and Gas and FSU, WV Ethics reports show that since 2017 Puccio’s lobbyist portfolio included: Broadband communications, telephone/ telecommunications, Internet security, business issues, collector licensing requirements, taxation, economic development, infrastructure development, construction, energy regulations, coal and coal mining, oil/gas regulations, tourism/travel, healthcare, medical cannabis, jails/ prisons/corrections, sports betting, gaming, horse racing and charter schools. Other prominent institutions on his lobbyist disclosures are companies owned by Governor Jim Justice, including The Greenbrier Resort.
According to Forbes, Governor Justice has a fortune of nearly $1.7 billion making him the richest individual in West Virginia. In 2009, he made a lot of money when he sold Bluestone
Resources, a company that consisted of a variety of West Virginia coal mines and is represented by Larry Puccio, to a Russian company for $500 million with additional millions being sold in stock. The Governor’s businesses include coal mines, resorts and numerous agricultural institutions. Most of these are all regulated by the same state agencies that he controls.
According to a report done by ProPubilca, Justice’s business have been sued numerous times for failure to pay their bills. The publication found more than $128 million in judgements and settlements involving the Governor. Forbes also contends that Justice had over $13 million in tax liens, which he states have since been paid.
In addition to the fortune he had already amassed, Governor Justice’s companies, reportedly took advantage of the PPP program to the tune of $24 million.
In all, Justice companies received between $11.2 million and $24.4 million in PPP money
Justice’s companies received PPP money from a mixture of small local banks and regional financial institutions. Previous reporting has shown banks were favoring their existing, regular customers when processing PPP applications.
( ProPublica)
It's not just our current Governor that has been the subject of numerous dirty dealings, former Governor and United States Senator Joe Manchin has also been the focus of many federal investigations.
For more than 20 years, Manchin stayed a step ahead of federal investigations as they closed in around his inner circle. A review of statehouse investigation reports, public court records, and sealed documents obtained by The Intercept reveals a decades long history of investigations into employees, contractors, and business associates of Manchin. These incidents involve investigations into tax evasion, grand larceny, campaign finance violations, and an investigation by federal agencies including the FBI and IRS into a wide range of alleged criminal activity centered around Manchin’s governor’s office.
In 2017, both Puccio and a spokesperson for Manchin made contradictory statements to the press about their respective connections to a firm named in a $14.6 million hotel bankruptcy suit.
Puccio had also played a role, which has not been previously reported, in the scheme to charge West Virginians more for electricity in order to keep Enersystems’ biggest customer viable…
Enersystems, which has been owned by the Manchin family for over three decades — Manchin launched it while serving in the state Senate — purchases low-quality waste coal from mines and resells it to power plants as fuel. In the affidavit, workers also alleged that they had seen an ongoing scheme to crush coal into a size that would be recorded as waste, and could then be hauled for free and sold at a profit by brokers.
During one surveillance period conducted by the West Virginia state police, according to the affidavit, all unreported coal leaving the Peabody mine arrived at Jolaco docks, a company owned by Joseph Laurita Jr. and James L. Laurita. James Laurita currently serves as an officer for LP Minerals LLC, which operates, among others, the Humphrey No. 7 mine site — which is the largest supplier of coal to Manchin’s company Enersystems.
(The Intercept)
Puccio was Manchin’s chief of staff before before becoming the Chairman of the West Virginia Democratic Party. He later resigned from his position after members called for his removal for donations he made toward the campaign of Jim Justice, a now registered Republican.
Speaking to the New Republic, Shane Assadzandi, Chairman of the Monongalia County Democratic Executive Committee, said, “People are afraid of Joe Manchin. He’s the king of the West Virginia Democratic Party, and it’s very hard to find anyone who’s willing to speak out against him. I’ve had people tell me West Virginia doesn’t have a Democratic Party. We have a Joe Manchin party.”
Though she once had blasted Larry Puccio for supporting Jim Justice, Puccio’s successor, former Chair of the WV Democrat Party Belinda Biafore encourages WV Democrats to ignore the blatant corruption of Senator Manchin, his obvious conflicts of interest and the positions he takes in Washington that contradict their Democratic policies and the best interests of the citizens of West Virginia.
Biafore suggested more Democrats should follow the senator’s example if they want to win in West Virginia. “Right now, the only Democrat winning is Joe Manchin. Maybe folks ought to play off him a little bit more,” she said. “He’s doing something right.”
(New Republic)
What Biafore fails to realize is that Senator Manchin, Governor Justice and Larry Puccio are more alike than different. Manchin telling Metro News, “Larry and I will always be together.”
If West Virginia is no longer divided by Republican or Democrat and instead as the parties of Justice and Manchin, then Larry Puccio would be the unofficial chairman, the middleman that controls both of West Virginia’s most powerful men.
If you want a successful political career in West Virginia or have aspirations of becoming governor, as my sources say Senate President Craig Blair does have, then Larry Puccio would be the man that you want in your corner. As a quid pro quo, you would do everything that you could to give him what he wanted, even if that meant remerging two institutions and hurting the community, students and the faculty in the process.
Still it was hard to understand why Governor Justice and Larry Puccio wanted so desperately for the institutions to be remerged and why Pierpont’s A&P program was so instrumental to these men that they would commit political corruption in order to get what they wanted. It's not until this past May, in Larry Puccio's lobbyist disclosure, that some evidence that this entire ordeal, paid for by tax payers and spun to remove accountability, was for personal gain.
In that report, Larry Puccio suddenly names five new institutions he was hired to represent. Those institutions being the Benedum Airport Authority dba North Central West Virginia Airport, Greenbrier County Airport, Huntington Tri-State Airport, Mid-Ohio Valley Regional Airport and the Raleigh County Memorial Airport.
In addition to these new declarations on Puccio's lobbyist reports, Harrison County held their groundbreaking for the $20 million expansion of Mitsubishi at the North Central WV Airport.
“This is a monumental day for us. This announcement is the summation of almost a decade worth of work by a lot of people,” Hinton stated, as reported by Connect-Bridgeport. “This expansion cements are commitment, MHI, to the State of West Virginia, and truly positions the North Central West Virginia Airport in being paramount in the regional aviation infrastructure.”
Senator Romano, who sits on the Benedum Airport Authority which oversees the NCWV Airport and had opposed the move of Pierpont CTC to Morgantown, as well as opposing the Morgantown Municipal Airport from being able to expand their runway, calling it a waste of resources, commended Governor Jim Justice for his strong support of the project.
Romano said there was no hesitation from Justice. “No governor believed in this project more than you did ... We could not have done it without you,” said Romano.
(Connect-Bridgeport)
For the final grand spectacle, United States Senators Joe Manchin and Shelly Moore Capito announced federal contributions from United State Department of Transportation, to three West Virginia airports, totally $8,756,448. $1,044,049 going to North Central WV Regional Airport, $3,142,899 going to Tri-State Airport and $4,569,500 going to Governor Justice’s Greenbrier Airport.
Repeated messages for comment made to Jordan Dameron, Director of Communications and the Assistant Legal Counsel of Governor Justice, were not returned.
Request for comment from FSU Board Member Jay Puccio were also met with resistance. Puccio stating “I have been advised not to speak on anything.” When asked who had advised Mr. Puccio, he refused elaborate or give any further comment on the subject.
Reflection And Hope
In the end, after many years of back and forth, ulterior motives and scheming, Pierpont CTC and Fairmont State University are separate and will remain so. Pierpont has their extension to vacate. FSU has an Interim President who loathes students and refuses to meet with them. Our airports have substantial federal funding. Both institutions have boards that have overwhelming conflicts of interests appointed by a Governor with just as many conflicts himself. There are Senators, Delegates and Commissioners, complicit in the corruption. FSU is censoring students, staff and faculty. Larry Puccio, and his partner, essentially running two higher education institutions with his sons on both boards. And the faces of the two separate colleges, who were gagged to prevent them from speaking out on their opposition to the dirty dealings of all involved, are both gone. Removed from their positions, because they were both outsiders. One a man of color, the other a hispanic women, neither from West Virginia and neither willing to put aside their convictions to play the corrupt game of political chess expected of them.
One West Virginia university President saw a lot of the events that transpired and shared their thoughts, “West Virginia isn’t very welcoming of outsiders and truthfully, there are two different measuring sticks they use: one for women and people of color and one for everyone else.
Some boards select presidents they think they can manipulate. It’s very lonely at the top, but all you can do is put on a positive face and keep going.”
I was advised by one source numerous times to “just let it go”. Saying that the two intuitions were separate now and there was nothing to report. I disagreed. I explained to them that this story isn’t just about Fairmont State University and Pierpont CTC, this story was about West Virginia. The two colleges only being an example of the bigger issue we are faced with. According to U.S. News and World Report we are a state ranked #47 in the country. With a median income of only $26,000 and only 29% of our citizens with a college education. We are #47 in Health Care, #45 in Education, #48 in economy and #50 in infrastructure. West Virginia is a poor, statistically uneducated, struggling state, being taken advantage of by billion dollar corporations and politicians who feed on our weakness.
West Virginia is one of the most beautiful states in this country. Rich with history, its people are inspiring. Beautiful, kind, wise and loyal, West Virginians make me proud to be able to live and raise my children here, but they deserve better. They deserve leaders that will make decisions in their best interests and not lie to them and sell them false promises while turning them into generational poor worker bees.
We need to demand more oversight of our boards and local councils. We need to hold those at the top accountable and demand transparency. We need insist that our “good” politicians stop being complicit or they will be replaced as well. We need to stand up to censorship of our citizens and the attempts at dividing us on issues and we need to remind those elected, that they work for us. There is so much we can disagree on, but our children’s future is one that can unite us all. The dream of every parent is that our children are able to achieve more than we did.
“Everyone wants change as long as it doesn’t affect them.” Dr. Mirta Martin said while reflecting her tenure as President of Fairmont State. They are words that easily define many of us.The average West Virginian, putting their child on the bus or getting into their car to drive to their blue-collar job, are not reading the Washington Post or the New York Times. They believe that their neighbors are honest and they believe their West Virginia sons are good, even if they should stumble sometimes. But they are making decisions without all of the information. If they want these men to stay in office, then so be it, but allow them to know the full truth so that they have the freedom afforded to them by our democracy, to decide for themselves.
Attempting to untangle the web of conflict of interests and pinpoint a single motivation behind all of this, would be impossible, but when we stop long enough to actually look at all of the elements in context, and can see the situation in aerial view (to throw in aviation pun), we can better see that each individual acted in their own self interests. Whether it was for political or financial gain, a quid pro quo or just loyalty to an old friend, the people of West Virginia have been gaslighted by the very individuals we elected to save us.
Citizens and students should not be charged for FOIA requests of any higher education institution and assistance from the state should be available to make lawsuits more feasible when violations have occurred. We are subjected to these institution’s constant lack of regard of those they serve and with their money and power they are given free rein to do as they please, knowing the students and parents of West Virginia can’t fight them. It's similar to the biblical story of David and Goliath, though we should also remember, it was only David, the young boy with a single pebble that brought down the giant.
One could argue all day about Pierpont and Fairmont State, about Dr. Martin and Dr. Hancock, about MOUs, the House vs the Senate, about Manchin, Justice and Puccio, the role of lobbyist in higher education, the lack of oversight of our BOG and a system that prevents citizens from being able to fight back due to a lack of resources and financial means, but as we sit around our tables and have these very important discussions, there is a demographic that is still being forgotten... the students.
We have somehow forgot in all of this that it is the students, those kids that fought for Dr. Martin, that signed that Pierpont letter opposing the remerger, those are the individuals that all of this is supposed to be for. Our BOG, our politicians, our communities, may want to cater to faculty, staff, and those in power, but they are disillusioned. This generation of students are strong, passionate and aware. They will not be so forgiven of our sins and they will come to power, hopefully sooner rather than later, and it will be them that will facilitate change. Perhaps now is the time we start listening to what they want, because someday, Justice, Manchin, Blair and Puccio will be gone and perhaps that passionate SGA president that you so easily dismissed, will be running this state, with more integrity and honor than any of our current elected officials and he will remember these days.
Our students are not ignorant. They may be young, but while doing this story, I have come to realize that their ethics are stronger than that of any adult I have known. Many times in my investigation, I found myself overwhelmed with hopelessness for West Virginia. It was only my conversations with students that my faith was restored again. West Virginia should be proud of them and we should do everything we can to protect them and their freedom of speech. We need to assure that our higher education institutions have strict oversight, no conflicts and are properly obeying the Open Meeting Acts and FOIA requests. It is also the obligation of our elected officials to be sure they do their research BEFORE approving any appointments of board members and that all complaints regarding institutions are taken seriously.
All hope is not lost though. There are those we can look toward as testimony of the strength of this state. In addition to the nearly forty anonymous sources interviewed for this story, willing to speak the truth, there are many others, not so anonymous that need to be commended for their courage.
Pierpont’s faculty and staff for their vote of No Confidence and their devotion and loyalty to their institution.
Senator Patricia Rucker for standing up to Senate President Blair and sticking to her convictions.
Pierpont’s CFO Dale Bradley for doing what was right and bravely testifying at the Education Committee meeting with facts that completely contradicted the lies of Pierpont’s Board Chairman David Hinkle and Board Member Anthony Hinton.
Our West Virginia House Education Committee, from both sides of the aisle, displayed incredible acts of leadership that we should all demand from others in office. They asked the right questions and amended a bad Senate bill. Delegates are often not elevated with the same respect afforded to our Senators, but do not underestimate the power they hold. Our Delegates are the closest thing we have to being a part of our state government. Often still holding everyday jobs, they have not yet disconnected from those they represent and they are not fools.
Fairmont State BOG Student Representative Maiya Bennett and Staff Representative Jon Dodds, for speaking out against removing President Martin. A decision they felt was made in poor faith, they demanded their words be put on the record.
Outspoken Monongalia County Commissioner Tom Bloom for not playing the political game of chess and allowing himself to be quoted about the meetings few ever knew about.
Dr. Mirta Martin and Dr. Anthony Hancock for being the Presidents they were hired to be. Both strong, powerful, intelligent and loyal individuals, they carried the weight of public perception, wishing so badly they could speak out yet not being allowed to. Despite what others may believe, these two people never spoke ill of one another. Both admiring the difficult position the other was in and commending their professionalism.
After four months investigating this story, I found myself one late evening overwhelmed. Reaching out the only person I felt could understand my struggle, and possibly care, I wrote an email; “After a long day of interviews and writing, I am more disheartened than I have ever been over where we are in this State. The ultimate optimist when it comes to politics, I'm typically the voice of empowerment. Preaching about how we can achieve so much change, if we truly want it, we just need to be patient and keep building… one brick at a time. Tonight though, I am disillusioned. Overcome with the reality that perhaps, no matter how hard we work to try to build something or change things for the better, all we are really doing is building around the dragon. Encasing it in our homes and becoming immune to its stench and burn…"
It was just days later that I picked myself back up and continued. It was one young man’s rectitude that forced me to keep writing. His words danced in my head as tears of pride came to my eyes. This young man, Fairmont State University Student Government President Zach Taylor, is the example of leadership we should demand and the words of this remarkable student are what I will leave you with;
What I do, I’m operating just for the students and I do feel as though it is in the best interests of the students when Im informing them, when I’m telling them everything. That’s why I do what I do. That why petitions, polls, things like that are necessary, so I know how the students feel. I don’t want to just be acting blind. Even if the majority of students on this campus disagreed with me, which I don't believe that they do, and I’ve never received anything to warrant that; If they all disagreed with me, then I would act differently.
Advisors come and go, they change all the time. Presidents come and go, they change all the time. I mean that with the University, I mean that with me. I'll be gone in a year. But until I leave, I want to know that I’m working toward leaving something better than when I found it and when I found it, it was an absolute train wreck. SGA was at the will and pleasure of many people at this University. We’re not anymore. I stood up against everyone at the University when I believed the students best interests were at heart. So, that’s what I’ll continue to do. So I just don’t want any lines to be drawn while I’m still standing in the same place, because I’m not going to move.
(Zach Taylor Fairmont State Student Government President)