Del. Phil Hamilton quits House amid ethics inquiries

RICHMOND

Rejected by voters in his bid for another term and under scrutiny from a state ethics panel, Del. Phil Hamilton has decided to quit the Virginia House of Delegates.

His resignation, effective Sunday, ends a long and productive legislative career on an ignominious note but appears to have at least one benefit for him: It may also end the state ethics investigation.

Several officials said state law gives the ethics panel jurisdiction to investigate alleged conflicts of interest by current members of the General Assembly, not former ones.

On Monday, the clerk of the House of Delegates received a letter from the embattled Newport News Republican announcing his resignation after 21 years in office.

"It has been an honor and a privilege to serve in, what I consider to be, the most distinguished legislative body in the world," Hamilton wrote in the letter, dated Nov. 10.

Hamilton became embroiled in a scandal during the final months of his re-election campaign after The Virginian-Pilot reported that he had negotiated a $40,000-a-year job for himself at an Old Dominion University teacher training center while securing startup funds for the facility in 2007.

The revelation prompted Hamilton and ODU to sever the relationship.

It also became an issue in the statewide campaigns this fall and led House Speaker William Howell, R-Stafford, to call for a state ethics panel inquiry into Hamilton's conduct.

Now it appears that investigation is over.

The fact that Hamilton has resigned "would lead us to believe that the point is moot," said Howell's chief of staff, Paul Nardo.

Some believe the panel's purview extends only to active legislators because Virginia law refers to "members" and "legislators" as potential targets of ethics inquiries.

Although the state code isn't explicit on the subject, an official close to the process, who spoke on the condition of anonymity, said, "If the person is no longer in public office, at that point we have no case."

Ethics investigations are conducted in secret, and the public seldom learns of them unless the panel finds that wrongdoing occurred and publishes its findings, which is a rarity.

In those situations, cases can be referred to the General Assembly or the attorney general for possible punitive action.

The attorney general's office declined to comment on legal questions about the scope of the panel's power, as did Gov. -elect Bob McDonnell.

Attorney General-elect Ken Cuccinelli said he thinks the panel's jurisdiction applies only to current General Assembly members.

"To that extent, I suspect, but do not know, that their work is probably cut off," said Cuccinelli, a Republican.

House Minority Leader Ward Armstrong, D-Henry, who has been a vocal critic of Hamilton since the ODU deal became public, said he believes the panel should continue active investigations until they're concluded, regardless of other developments.

Armstrong also said he will push for ethics reform measures in the upcoming legislative session.

Neither Hamilton nor his legislative aide returned calls seeking comment about the resignation and how it affects the ethics inquiry.

Hamilton remains under investigation by a federal grand jury.

The timing of his departure creates the possibility that Hamilton could be back in Richmond next winter as a lobbyist. State law bars lawmakers from lobbying their former colleagues for one year after leaving office.

While state law gives Democratic Gov. Timothy M. Kaine the authority to call a special election to fill Hamilton's seat, his spokesman said the governor does not plan to exercise that power.

If that holds, the seat will remain vacant until Democrat Robin Abbott takes office in January. Abbott defeated Hamilton in the Nov. 3 election for the 93rd House District, which covers parts of Newport News and James City County.

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