Va. House speaker urges ethics probe of delegate

Speaker of the House William J. Howell, R-Stafford, has asked the House Ethics Advisory Panel to investigate Del. Phillip A. Hamilton, R-Newport News, for a possible violation of the state’s Conflict of Interest Act.

Howell called for the investigation yesterday as the three statewide Democratic candidates—and the top two statewide Republican candidates—called for Hamilton to resign because of budget actions he took to secure a job for himself.

Old Dominion University and Hamilton severed ties on Thursday. E-mails obtained by two newspapers showed he pursued a job at a new teaching center at ODU before he put in a $500,000 budget amendment for the center’s creation.

“The seriousness with which I view this matter dictates determining the facts and finding out if any impropriety occurred,“ Howell said. “I already have informed Delegate Hamilton of my decision.“

Hamilton said, however, he asked for the investigation last week.

“I am pleased that the speaker has initiated his process and intend to fully cooperate with the panel’s inquiry,“ he said.

Hamilton, a 21-year legislative veteran and vice chairman of the budget-writing House Appropriations Committee, has admitted he erred but said he will not resign.

Howell said: “Virginia has a reputation for good government, and I want to keep it that way.“

The conflict-of-interest law bars lawmakers from accepting money for services performed within the scope of their legislative duties.

In a July interview with The Virginian-Pilot in Norfolk, Hamilton said there was no conflict because he was not yet on the ODU payroll when he introduced the budget measure.

Late yesterday, Bob McDonnell, the Republican nominee for governor, said that based on the public information about the matter, “it would be in the best interests of his constituents for [Hamilton] to step down.“

But McDonnell, a former state attorney general, said that if Hamilton “believes that the due process of a full inquiry by the House Ethics Advisory Panel will clear his name, he should have a full opportunity to present his case.“

State Sen. R. Creigh Deeds of Bath County, the Democratic nominee for governor, said Hamilton’s actions “betray the public trust” and that he should resign.

Del. Stephen C. Shannon of Fairfax County, the Democratic nominee for attorney general, was the first statewide office-seeker to call for Hamilton’s resignation.

“The bottom line is that Phil Hamilton appears to have attempted to use his position of public trust and taxpayers’ money to enrich himself,“ said Shannon, who serves on the House Appropriations Committee with Hamilton.

State Sen. Ken Cuccinelli of Fairfax County, the GOP nominee for attorney general, described Hamilton’s conduct as “disappointing” but said “it’s an issue between [Hamilton] and the voters of the district.“

Lt. Gov. Bill Bolling, a Republican who is seeking re-election, said Hamilton’s actions “represent a serious error in judgment and an apparent conflict of interest” and that the delegate should resign.

Jody Wagner, the Democratic nominee for lieutenant governor, said Hamilton “abused his position as a public servant for personal gain” and that he should step down immediately.

E-mails obtained by the Daily Press of Newport News and The Virginian-Pilot show that Hamilton attempted to secure employment at ODU in a program that he helped create.

Hamilton had been paid $40,000 a year as an independent contractor for ODU’s Center for Teacher Quality and Educational Leadership since it opened in 2007.

Hamilton adamantly had denied that he had asked for a job before securing money to start the center. When confronted with the e-mails last week, he again said he didn’t remember doing so.

“I’m not trying to hide behind anything,“ he said. “I honestly had no recollection of that, but the e-mails don’t lie. The e-mails say it. And the e-mails have my name associated with it.“

The advisory ethics panel has five members, including two former legislators. The chairman is retired Judge William W. Sweeney of Lynchburg.

After Howell issued his call for the ethics-panel investigation, House Minority Leader Ward L. Armstrong, D-Henry, said the investigation instead should be handled by the House Privileges and Elections Committee in an open hearing. Ethics-panel investigations have been conducted behind closed doors, he said.

The Hamilton case has arisen as Republicans fight to maintain control of the House of Delegates. Democrats need a net gain of six seats in November to take control of the chamber.

Under state law, Hamilton would have to resign by Sept. 4—60 days before the Nov. 3 election—if the Republicans were to try to replace him on the ballot. Ballots have to be printed by Sept. 18.

Hamilton has been able to hold the seat in a Democratic-leaning district, which backed Barack Obama for president in 2008 and fellow Democrats John Kerry for president in 2004, Timothy M. Kaine for governor in 2005, and Jim Webb for Senate in 2006.

Democrat Robin A. Abbott is running for Hamilton’s seat.

Contact Tyler Whitley at (804) 649-6780 or .