ODU board discusses Del. Hamilton issue

NORFOLK, Va. - ODU's Board of visitors met Thursday to address the possible conflict of interest issue regarding Republican State Delegate Phil Hamilton.

An audit presented to the ODU Board of Visitors confirms an earlier WAVY.com investigation into the University's hiring of the Newport News State Delegate. The audit says Del. Hamilton's hiring for a position in the Center for Teacher Quality and Educational leadership was inappropriate and possibly illegal because the position was not properly advertised.

WAVY.com dug deeper into the Board of Visitors' findings. According to an audit of the university's email system, Delegate Hamilton sent emails regarding a possible position "before, during and after the 2007 General Assembly Session at which initial funding for [the center] was secured."

The audit also found that, "Delegate Hamilton never states in any e-mail that his support in the General Assembly for funding of [the center] was contingent on his receipt of a position."

The audit further found Delegate Hamilton met with ODU's former President on several occasions between 2006 and 2007, but that such meetings would not by themselves be unusual.

After he was hired by ODU, according to the audit, more than $5,000 of office furniture was purchased, Delegate Hamilton sought to hire an assistant at a salary of more than $40,000, and Delegate Hamilton himself was paid 40,000 a year in monthly installments.

“There was a transgression that occurred. It was on the University's part as well as Delegate Hamilton's part. Two wrongs don't make a right,” ODU Rector Ross Mugler told WAVY.com. "I sit on a committee which deals with government affairs. I've been on that committee seven years. I'm from the Peninsula. I know Phil Hamilton, and I didn't know he was on the payroll until July. I know John [Broderick] didn't know either."

In the conclusion of the audit findings it stated, "The handling of Delegate Hamilton's position after his hire was not ideal. In addition to his correct hire as an employee rather than an independent contractor, his work was neither well documented nor supervised. ...These conditions were not unique to Delegate Hamilton."

In wake of the audit, ODU is changing its policy. Officials say any time an elected official is hired by the University, the President of ODU needs to approve the hire and inform the Board of Visitors.

WAVY.com attempted to speak with President John Broderick after the meeting at ODU, but he left without making a comment.

Last month, WAVY.com learned a federal grand jury issued a subpoena and a search warrant at ODU, similar to the one received by Hamilton's other employer, the Newport News Public School System.

The federal investigation includes the probing of emails sent to and from Del. Hamilton's work computer in Newport News and computers used by the Dean of ODU's Darden College of Education, William Graves, and Darden College Director David Blackburn.

As a result of the federal probe, Hamilton hired Attorney Andrew Sacks, who is experienced in federal investigations.

Sacks told WAVY.com, "As a professional educator and state legislator, Delegate Hamilton has always fought for our system of government. He has stood firmly for the rights of his constituents and all citizens. He faithfully believes in our democratic process. That process allows him to engage a counsel experienced in federal practice who can help Phil articulate his innocence. I have reviewed the publicly available emails and see nothing but an open, honest dialogue between Phil and ODU. I look forward to sharing my conclusions with the federal inquiry to help speed it to a quick and favorable close."

In one of those emails, Hamilton writes to then ODU President Roseann Runte before he got the $500,000 in-state funding for the ODU Teacher Center: "When we talked about the center...I expressed an interest in being associated with the initiative...Since then I haven't heard anything more about an employment possibility. If possible I would like to discuss this possibility with you prior to my leaving for the General Assembly."

When we spoke to Del. Hamilton, he understood that the emails appeared to show a conflict of interest. Hamilton told us, "Obviously this stack of emails indicate there were emails prior, during, and after the legislative session concerning employment, and for that I apologize."

We've been reporting ODU severed ties with Hamilton after it came to light he was receiving a $40,000 consultants fee after he got money for the new teaching center.

Hamilton maintains he did nothing wrong, and his 2008 and 2009 statements of economic interests on file with the General Assembly note he is receiving salary from ODU.

WAVY.com was there in October 2007 at the grand opening for the Center for Teacher Quality and Educational Leadership. While there we interviewed David Blackburn who was Hamilton's point person. The grand opening advertised Hamilton's attendance.

Following the Hamilton fallout, new President John Broderick, who claims he knew nothing about Hamilton's employment, severed ties with him. Broderick then reassigned Blackburn and put Dean William Graves in charge of the teaching center.

WAVY.com questioned the University whether it was appropriate for Dean Graves to be in a position of oversight when he was aware Hamilton was on the payroll and is deeply involved in all the email communications. Our ODU source told us Broderick has replaced Dean Graves as overseeing the teaching center to remove any appearance of impropriety.