ODU leaders testify before panel in Hamilton case

RICHMOND

A House of Delegates ethics panel has interviewed Old Dominion University President John Broderick and two other administrators in its investigation of the university's relationship with Del. Phil Hamilton.

In addition to Broderick, the panel has interviewed William Graves, dean of ODU's Darden College of Education, and David Blackburn, the administrator who put Hamilton on the university's payroll in 2007, two sources close to the inquiry said Wednesday. They spoke on condition of anonymity because the panel's proceedings are not public.

The ethics investigation was launched in late August after e-mails released by ODU showed that Hamilton was negotiating a job with a teacher training center at the university while he was working to secure the center's startup funding in the General Assembly.

The Newport News Republican's $40,000-a-year contract was canceled after the e-mails came to light. An internal ODU audit found little documentation of any work he did for the money.

Broderick has said he was unaware that the lawmaker was on the university payroll until The Virginian-Pilot began making inquiries about it in July. He has relieved Graves and Blackburn of their leadership responsibilities with the teacher center.

Others interviewed in connection with the ethics inquiry include officials with the House Appropriations and Senate Finance committees, through which state spending proposals travel. Those interviews were conducted about a month ago. Staff from both committees also provided the panel with documents related to Hamilton's 2007 budget amendment for the ODU teaching center.

One person who hasn't been contacted to appear is Hamilton, according to a campaign adviser, who noted the legislator has not decided whether he will permit public hearings if the investigation advances beyond a preliminary stage.

Proceedings of the ethics panel are shrouded in secrecy by state law but can be opened if the subject of an inquiry permits that to happen.

Efforts to confirm the panel met Tuesday in Richmond have been unsuccessful, though there are indications it did. That day, the names of at least two panel members appeared on a sign-in sheet at the General Assembly Building on the state Capitol grounds.

One was panelist Bernard Cohen. The other was somewhat illegible but appeared to be the signature of panel Chairman William Sweeney. Next to that name, the word "ethics" was written as the reason for the visit. Both signed in at 10 a.m. Tuesday.

Cohen and Sweeney declined to comment Wednesday, citing the confidential nature of the process.

When the panel will complete its work is another mystery. State law provides 120 days for the body to conclude ethics investigations once a complaint is received. Based on that time frame, and the Aug. 24 investigation request from House Speaker William Howell, R-Stafford, the panel should wrap up its work around Christmas at the latest.

By then, the Nov. 3 gubernatorial election would be long over and legislators, potentially including Hamilton, could be preparing to return to Richmond for another General Assembly session.

Hamilton has resisted bipartisan calls to resign the seat he has held for two decades and is running for re-election against Newport News attorney Robin Abbott, a Democrat.

The ethics panel can dismiss a complaint or determine that a violation - unwitting or willful - occurred. If the panel finds a violation was committed unwittingly, the matter would be referred to a legislative committee with the power to mete out punishment. The attorney general would receive the case if it is determined that a lawmaker knowingly broke the law.

The panel's report would then be a public document.

Hamilton, who also is the target of a federal grand jury investigation, has expressed confidence that he will be found innocent of wrongdoing.

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

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