Hamilton's ODU deal spurs state ethics inquiry

Ranking GOP leaders formally requested an ethics investigation into the actions of Newport News Republican Del. Phillip 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 William J. Howell called for a state inquiry the same day that Democrats Creigh Deeds and Jody Wagner - candidates for governor and lieutenant governor, respectively - said Hamilton should immediately resign his House of Delegates seat.

Later Monday, Republicans Bob McDonnell, who is running for governor, and Lt. Gov. Bill Bolling issued similar statements indicating that it seems best for Hamilton to resign, given the circumstances.

Late Monday night, Hamilton continued to resist calls for his resignation, and he voiced his support for an ethics panel to examine his actions.

Last week, ODU released e-mails showing that Hamilton secured $500,000 a year in state funding for ODU'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 is a misdemeanor punishable by up to a year in jail and a $2,500 fine.

Any formal request for an ethics inquiry of a state delegate triggers a review by a five-member House ethics advisory panel, which can forward its findings to the attorney general for possible prosecution. Ordinarily, such reviews are confidential.

House Minority Leader Ward Armstrong, D-Henry, 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. Del. Hamilton is a public official, and any investigation into his actions should be conducted in full view of the citizens of Virginia," he said in a statement Monday.

In July, Hamilton told The 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 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'd made a mistake and said he didn't recall sending the e-mails.

Deeds, a state senator from Bath County, said Hamilton's actions "betray the public trust."

Wagner said Hamilton "abused his position as a public servant for personal gain."

Those opinions came a day after Steve Shannon, Democratic candidate for attorney general, said Hamilton should resign.

According to political sources, the timing of all three statements suggests a political calculation by Democrats searching for an issue to spark interest in the party's statewide candidates, who trailed their Republican rivals in recent polls.

GOP officials have been more moderate in their response. While some have expressed frustration about the controversy swirling around Hamilton - and privately seethed about the appearance of impropriety - most have been reluctant to publicly rebuke him.

That changed Monday when McDonnell and Bolling suggested that Hamilton step down.

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. His House seat is one of about six that Republicans consider vulnerable in the November election.

Likewise, Gov. Timothy M. Kaine has been more reserved than some Democrats in his response to the Hamilton affair.

Kaine said 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 hasn't called for him to resign, according to a spokeswoman.

Hamilton's professional fate, the governor has noted, is between the delegate and Newport News voters.

Hamilton continues to work to keep his seat, telling a Pilot reporter Sunday that public response to his situation was "overwhelmingly positive" as he campaigned this weekend.

This year, Hamilton faces a challenge from Democrat Robin Abbott, a n attorney who has made ethics reform a theme.

Were Hamilton to resign, a replacement candidate would have to file by the close of business Sept. 4 to have his or her name appear on the ballot.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com

Bill Sizemore, (757) 446-2276, bill.sizemore@pilotonline.com