Pubdate: Thu, 15 Mar 2007 Source: Morning Call (Allentown, PA) Copyright: 2007 The Morning Call Inc. Contact: http://www.mcall.com/ Details: http://www.mapinc.org/media/275 Author: Steve Esack, Matt Assad of The Morning Call TEACHERS NO-SHOWS IN ACERRA PROBE They Fear District Is Trying to Blame Them for Principal's Actions. The internal investigation into former Nitschmann Middle School Principal John Acerra's questionable work habits hit a wall this week when the Bethlehem Area School District's $400-an-hour lawyers had trouble finding teachers willing to talk to them, according to district sources. School board President Craig T. Haytmanek said interviews with employees have been rescheduled for next week because of PSSA testing and teachers who are unwilling to attend meetings without their union attorneys. However, three teachers who spoke on condition of anonymity said they did not go to meetings with investigators because there's confusion about whether they can bring their lawyers and they believe the administration is using the investigation to shift blame to them. Acerra, who had been principal since 2000, resigned last week after his Feb. 27 arrest on drug charges in his school office. "None of us is going to our interviews," one teacher said Tuesday, a day when several scheduled interviews never happened. "It just seems like they are looking for someone to point the finger at, when they should be pointing it at themselves." Union officials declined to comment about the interviews, but teachers union President Craig Zieger noted, "Teachers had absolutely nothing to do with this whole incident." Haytmanek said employees have nothing to fear. The interviews are voluntary, and the district doesn't have subpoena power to compel staff to cooperate with the investigation. He said trying to schedule interviews with Pennsylvania State Education Association lawyers has been difficult because there are only a few days when the lawyers are available. "Staff are requesting PSEA counsel be present during some of the interviews," said Haytmanek, who is leading the investigation. "That is a bit problematic because there is somewhat ? of a limit on the number of available dates PSEA has provided." When Acerra, 50, was arrested in his Nitschmann office, police say, he had a glass pipe, $200 in marked money and a small bag containing crystal methamphetamine he planned to sell to an informant. Twice before, police say, Acerra had sold crystal meth. He remains in Lehigh County Prison under $200,000 bail. In the days after the arrest, teachers said they had been complaining for more than a year about Acerra's frequent absences. The school board launched an independent investigation to determine how he was allowed to remain in charge of about 950 students. Anxious teachers met Monday with Zieger, who in turn met Tuesday with PSEA lawyer A. Martin Herring of Philadelphia. Zieger said Herring has advised him not to comment on the investigation. Interviews that were supposed to be held this week were canceled and rescheduled for next Thursday and March 26, teachers said. Pennsylvania System of School Assessment tests began Monday and run through March 23. Investigators are also trying to interview members of Nitschmann's secretarial and custodial-maintenance staffs. Secretaries and maintenance workers are represented by Teamsters Local 773. It could not be determined whether those union members were also seeking legal representation before they talk to investigators. Local 773 President Chuck Shafer and union lawyer Bill Josem of Cleary & Josem in Philadelphia did not return a call for comment. "We as a district do not have subpoena power," Haytmanek said. "We as a district are running this investigation to clear up this matter. I think it is incumbent upon [district employees] to cooperate." Haytmanek said the district's investigators from the regional law firm of White and Williams told him Monday they have interviewed Superintendent Joseph Lewis and his seven-member Cabinet. The investigators also interviewed six other administrators, including Nitschmann's acting principal, Jackie Santanasto, and Assistant Principal Jonathan Horvath. Haytmanek said investigators are also reviewing personnel records and district policies to determine whether Acerra's spotty attendance record should have been an indication something was amiss. Teachers said it remains unclear whether they will attend interviews next week or whether they will cooperate, even if they do. One thing is clear, they say. "This whole building is a ball of nerves," one teacher said. "We feel like targets." - --- MAP posted-by: Elaine