Poll: Most in Va. want public ethics investigations

When a state legislator is being investigated for possible ethical misconduct, most Virginians want the inquiry made public, according to a new poll.

More than eight of every 10 likely voters who participated in a recent telephone survey said investigations of legislators by an appointed state panel should be open.

About 1 in 10 said the inquiry should follow current law, which requires that it be closed unless the subject gives permission, according to a poll conducted by the Judy Ford Wason Center for Public Policy at Christopher Newport University.

"Wow," said Megan Rhyne, executive director of the Virginia Coalition for Open Government, a group that has lobbied state legislators for years to require that more government actions be made public. "That's a pretty emphatic statement."

The poll, which involved phone interviews with 506 likely voters Oct. 8-13, was conducted for The Virginian-Pilot and WVEC-TV.

"People just want to be informed so they can be part of the process," said Rhyne, who added that the public is less suspicious if such complaints are dealt with openly. Legislators under investigation should be allowed some privacy, but there should be more public access to the proceedings, she said.

"The public does seem to be more forgiving if government in general or an individual is upfront about something," she said.

Under current law, complaints against legislators are sent to a panel of citizens for review.

In August, House Speaker Bill Howell asked the panel to investigate Del. Phil Hamilton.

The Newport News Republican, who is up for re-election Nov. 3, is under fire for negotiating a $40,000-a-year job for himself at Old Dominion University while also seeking state aid for the school. He has expressed confidence that he will be found innocent of wrongdoing.

The five-member advisory panel, which has been interviewing ODU officials and others in private, can dismiss the complaint or determine whether a violation has occurred. If there is a violation, the matter is turned over to a legislative committee for possible action.

The attorney general would receive the case if it was determined that the lawmaker knowingly broke the law.

The advisory panel's report will be made public if the group determines Hamilton violated ethics rules. If they find no wrongdoing, the report is kept private unless Hamilton chooses to have it released.

Republican and Democratic leaders in the House of Delegates disagree on whether the state's ethics investigation laws should be revamped.

Minority Leader Ward Armstrong, D-Henry, wants change.

"The bottom line is it has to be a public process, and it's not there now," said Armstrong, who would prefer a bipartisan panel of citizens and legislators that deliberates openly.

He expects House Democrats to push legislation next year to reform the way ethics investigations are conducted.

Howell, R-Stafford, likes the current approach.

"The system as it's been set up in the code for years has worked very well," he said, likening it to a grand jury that starts in secret but can become public if an indictment is handed down.

"If any wrong was done, it will be open."

Bill Bartel, (757) 446-2398, bill.bartel@pilotonline.com

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