Tuesday, August 25, 2009
GOP leaders call for ethics investigation
Del. Phil Hamilton is accused of a conflict of interest involving his employment at ODU.
Associated Press | File May
Del. Phil Hamilton, R-Newport News, may face an ethics panel investigation over whether he improperly sought employment from Old Dominion University while also seeking state funding for a university teaching program.
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RICHMOND -- Ranking GOP leaders formally requested an ethics investigation into the actions of Newport News Republican Del. Phil Hamilton on Monday in the face of growing outcry about the influential legislator's $40,000-a-year job at Old Dominion University.
House Speaker Bill Howell called for a state probe on the same day that Democrats Creigh Deeds and Jody Wagner -- candidates for governor and lieutenant governor, respectively -- said that Hamilton should resign his House of Delegates seat immediately.
Last week, ODU released e-mails showing that Hamilton secured $500,000 a year in state funding for the university's Center for Teacher Quality and Educational Leadership while asking for a job for himself. He and university leaders agreed last week to end his employment.
In a statement, Howell said, "It is important to me and the citizens in whose name all delegates serve to know whether Delegate Hamilton's activities in this matter were legal and in keeping with expected standards of conduct for lawmakers."
Howell, a Stafford County Republican, also noted in the statement that other House leaders support that position.
Virginia's conflict of interest law bars lawmakers from accepting money for services performed within the scope of their legislative duties. Violation of the law is a misdemeanor punishable by up to a year in jail and a $2,500 fine.
Reviews of complaints are done confidentially by a five-member House ethics advisory panel, which can forward its findings to the attorney general for possible prosecution.
House Minority Leader Ward Armstrong, D-Henry County, urged Republican leaders to have a committee of legislators conduct a public investigation instead.
"Unfortunately, a lack of transparency is what led to this situation in the first place. Delegate Hamilton is a public official, and any investigation into his actions should be conducted in full view of the citizens of Virginia," Armstrong said in a statement Monday.
In July, Hamilton told The Virginian-Pilot there was no conflict of interest because he had no discussions with ODU officials about possible employment with the center before he introduced a budget amendment for it.
Yet e-mails show that Hamilton exchanged messages with ODU officials in 2006 and 2007 about obtaining funding for the center and getting a job, even specifying his desired salary. He acknowledged last week that he had made a mistake and said he did not recall sending the e-mails.
Deeds said Hamilton's actions "betray the public trust" and "deserve our outrage."
Wagner said Hamilton "abused his position as a public servant for personal gain," adding that "his apologies and denials fall short."
Those opinions came one day after Steve Shannon, the Democratic candidate for attorney general, said Hamilton should resign.
Some Republican legislators and aides, who spoke on condition of anonymity because they serve with Hamilton, said the party doesn't want to appear too supportive of Hamilton, but can't fully distance itself in a critical election year from a legislator who has held a House seat in a Democratic-leaning district for two decades.
Gov. Tim Kaine has been more reserved than some Democrats in his response to the Hamilton affair.
Kaine said that there should not have been any overlap between Hamilton's role in securing state budget funds for ODU and his eventual hiring by the school, but he hasn't called for Hamilton to resign, according to a spokeswoman.
Hamilton's professional fate, the governor has noted, is between the delegate and Newport News voters.
State Sen. Ken Cuccinelli, the Republican nominee for attorney general, echoed Kaine's position that it is an issue between Hamilton and the voters in his district.
"The Speaker has pursued a proper course of action ... which I support," Cuccinelli said in a statement.
Hamilton has resisted calls for his resignation, telling a Pilot reporter Sunday that public response to his situation was "overwhelmingly positive" as he campaigned in the district over the weekend.
On Monday, Hamilton said, "My office contacted the Speaker's office last week to volunteer having the House Ethics Advisory Panel examine issues. ... I am pleased that the Speaker has initiated this process, and intend to fully cooperate with the panel's inquiry."
Hamilton faces a challenge in November from Democrat Robin Abbott, an attorney who has made ethics reform a campaign theme.
Were Hamilton to resign, a replacement candidate would have to file with election officials by the close of business Sept. 4 in order to appear on the ballot.
