Delegate, university show poor judgment

Old Dominion University's Center for Teacher Quality and Educational Leadership is a worthy cause for any state leader to advocate. The center trains teachers who work with at-risk students in school systems across the state, including Norfolk and Virginia Beach.

As a retired teacher from Newport News, Del. Phil Hamilton understands the program's value, and he used his considerable influence as a legislative budget negotiator to secure start-up funding.

Virginian-Pilot writer Bill Sizemore reported this week that Hamilton collects $40,000 annually from the center to be its coordinator for recruitment and marketing. Hamilton and ODU officials say no conflict of interest exists because the lawmaker was not approached about the job until after the state budget was adopted in April 2007, along with an amendment for the center sponsored by the lawmaker. Hamilton went on the payroll when the center opened three months later. He is also a part-time teacher training coordinator for Newport News schools.

Both Hamilton and ODU showed poor judgment in this case. Hamilton decries the revelation as a "political hit job," noting that the issue is being raised for the first time amid his first serious election challenge in years. The timing is certainly inconvenient for him, but it was also predictable and avoidable. Questions about a possible quid pro quo were sure to arise.

ODU also suffers from the controversy. An admirable program has been sullied unnecessarily.

The responsibility falls first on the 20-year lawmaker and second-ranking member of the Appropriations Committee. State law admonishes legislators not to "accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties."

Hamilton says he has avoided any conflict of interest because he has not filed budget amendments for the center since his hiring. The center continues to receive $500,000 annually per Gov. Tim Kaine's budget plans. Hamilton noted that other legislators in both parties work for universities and have sponsored budget requests for their institutions.

"In my heart, I don't think I've done anything wrong," he said.

Legislators should not be following their hearts, heads or guts on such matters. Virginia lacks an independent ethics commission that could have advised Hamilton on the wisdom of accepting the ODU post outside the hurly-burly of campaign season. Such a commission could and should address the actions of other university employees who serve in the legislature, too.

In the absence of an advisory commission, Hamilton could have consulted the House Rules Committee or the attorney general, but he did not.

Hamilton takes great pains to report every gift he receives as a lawmaker down to a 25-cent pack of Lifesavers and a 99-cent head of lettuce. But he sometimes seems to miss the larger picture. He was plagued last year by questions over a golf outing funded by payday lenders, as well as over state support he won for a nonprofit that appointed him as an unpaid member of its board of directors.

Hamilton has the power and talent to do much good for his community and his state. But he undercuts his good deeds when he uses them to justify ancillary benefits for himself.