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4 Q UARTERLY MAGAZINE Summer/Fall 2013 Issue Barring October surprises, expect a close election for the Gibson Commonwealth’s next governor ...... 4 Ethics to be a widely discussed issue in the 2014 session . . . . 5 5 Ethics In Government: Money, Power, and Corruption ...... 6 An open and transparent government process is important to Virginians ...... 7 Reforming Virginia’s Ethics Laws: Hyland Restoring Accountability and Punishing Violators ...... 7 Virginia ethics laws should be the floor not the ceiling . . . . .8 Delegates look forward to tackling ethics 6 and disclosure during the 2013 session ...... 9 Stepping In It: Avoiding Troubling Outcomes for Ethical Dilemmas ...... 9 Consideration of Ethics in the Preparation of Teachers . . . . . 10 Obenshain Ethics & Disclosure Reform in 2014 ...... 11 & Herring Ethics: The Threads that Bind the Fabric of Society ...... 11 Virginia Governors Pay Tribute to Lacey Putney ...... 12 7 River North Correction Center–A Day Of Celebration ...... 13 Letter to the Publisher ...... 14 A plea for the Conflicts of Interest Act ...... 14 The Importance of Medicaid Expansion ...... 15 It’s time to bring gift disclosure into the digital ...... 15 The Lieutenant Governor plans for serious ethics reform . . . . 16 Brewster We must renew the spirit of the Conflict of Interest Law . . . . 17 An excerpt from The American Creed at Risk: The Clash of Egalitarianism, Community and Individualism ...... 18 9 In Memoriam: A Tribute to the Honorable H . Selwyn Smith ...... 19 through Wishon Elvira Shaw, Virginia Capitol Advocate ...... 19 The David Bailey Associates interns 11 visit the United States Capitol ...... 20 Association and Business Directory ...... 22 Olive On The Web www.vccqm.org Volume 19 Number 3 Editor–Brennan Long Feature Writer–Mike Belefski Publisher–David Bailey • Art Director–John Sours School Distribution–Kristen Bailey-Hardy Northam Advertising–[email protected] • Printer– Wordsprint Virginia Capitol Connections Quarterly Magazine (ISSN 1076-4577) is published by: 14 Virginia Capitol Connections • 1001 East Broad Street • Suite 215 Richmond, Virginia 23219 • (804) 643-5554 Copyright 2013,Virginia Capitol Connections, Inc. All rights reserved. The views expressed in the articles of Virginia Capitol Connections Quarterly Magazine, a non-partisan publication, are not necessarily those of the editors or publisher.

Virginia Capitol Connections, Summer/Fall 2013 3 Barring October surprises, expect a close election for the Commonwealth’s next governor An interview with Dr. Larry J. Sabato By Mike Belefski

sabato

This interview with Dr. Larry J. Sabato, Director of the Center 3. Scandal—NO ADVANTAGE for Politics at The University of Virginia, that I conducted in late Both sides have big problems in this September indicates that on November 5th, we may have a cliffhanger category. It’s GreenTech versus Giftgate— race for governor, a Democratic lieutenant governor, and a toss-up and plenty more besides. Belefski contest for attorney general depending on circumstances that will occur during the last weeks of the 2013 campaign cycle. 4. Campaign Organization/Technology—NO ADVANTAGE Dr. Sabato, who authored “The Ten Keys to the Governor’s I’m not sure about this one yet. McAuliffe has bought the Obama Mansion” published in The University of Virginia Newsletter in voter contact technology that worked so well for the President in 2008 1998 was extremely accurate in analyzing prevailing political party and especially 2012. McAuliffe’s money edge is also enabling him to conditions in the general election for governor. From 1969 to 1977, run a much stronger campaign than Creigh Deeds did four years ago. he analyzed that when Republicans had only one to three advantages, But Cuccinelli has intense support among the GOP base from the Tea the winners were in 1981, Chuck Robb, (D) (53.5%); 1985, Gerald Party, NRA, and pro-life groups. Baliles, (D) (55.2%) and 1969 Doug Wilder, (D) (50.1%). When Democrats had only one to three advantages, the winners were in 5. Campaign Money—DEMOCRAT 1969, Linwood Holton, (R) (52.5%); 1973, Mills Godwin (R) McAuliffe has used his money-raising talent well, and probably will (50.7%); 1977 John Dalton, (R) (55.9%); 1993 George Allen, (R) retain a spending edge. But Cuccinelli isn’t being blown out of the water. (58.3%); and 1997 Jim Gilmore, (R) (55.8%). National conservatives and the Republican Governors Association are I asked Dr. Sabato for his thoughts on this campaign cycle based keeping him competitive, if behind, in the money game. on his “Ten Keys to the Governor’s Mansion.” He briefly commented on each of the current prevailing conditions 6. Candidate Personality/Appeal—NO ADVANTAGE as to which political party has the advantage—to let our readers This is a classic lesser-of-evils, process-of-elimination election. know whether the advantage in each area goes to the Democrats, Most votes are being generated by dislike of the other guy. As many Republicans or No Strong Advantage to one side. polls have shown, we’ve never had a gubernatorial election where the Barring a major impact event this October, the current outlook two major-party candidates had such low favorability ratings. looks like a close election with both the Democrats and the Republicans having an advantage in only two of the ten prevailing 7. Prior Office Experience of Candidates—REPUBLICAN conditions in the general election for governor. Cuccinelli’s service as a state senator and state AG is a traditional pathway to the governorship. McAuliffe has never served in public 1. Economy—NO ADVANTAGE office, like Mark Warner and Linwood Holton. Most Virginians believe the economy is decent but not roaring. 8. Retrospective Judgment on Previous Governor— It’s better than four years ago, but Democrats give the credit to President Obama and Republicans to Gov. Bob McDonnell. I don’t NO ADVANTAGE see a strong advantage here for either side. A year ago we all thought this might be one of the reasons why a Republican could get elected in 2013. Bob McDonnell was soaring 2. Party Unity—DEMOCRAT in the polls, and the last time a party got just one term in the Mansion Almost no Ds have defected to Cuccinelli. Moderate Republicans was in the 1880s. But Giftgate has made Governor McDonnell a by the score have endorsed McAuliffe or are not lifting a finger for neutral factor, at best. As this is written, we don’t know whether an Cuccinelli. And then there’s Bill Bolling, who appears to favor indictment is coming, or when, but regardless, too much has come out McAuliffe over Cuccinelli. for McDonnell to be of much help to Cuccinelli. They aren’t exactly close anyway. Continued on next page

Virginia Capitol Connections, Summer/Fall 2013 4 Ethics to be a widely discussed issue in the 2014 session Barring October By Bob Gibson A dictionary definition of ethics differs What remains unclear is whether ethics reform can be a set from a definition of law. of issues that drives voters to the polls on Nov. 5 and whether the surprises, expect Ethics is defined in Merriam-Webster as proposals provide a significant advantage to one political party’s “an area of study that deals with ideas about candidates. what is good and bad behavior: a branch “Hopefully we can find some things both parties can agree on,” a close election for of philosophy dealing with what is right or House Minority Leader David J. Toscano, D-Charlottesville, said. wrong.” “The proof is in the specific requirements of disclosure,” he said. Ethics implies a choice or choices while Toscano, a member of the House of Delegates since 2006, said the Commonwealth’s law is more of a hard floor for behavior legislators might find a $50 gift limit too restrictive. He said a $100 below which it is unlawful. Merriam- limit on gifts might be more realistic. “It’s hard to totally regulate Webster calls law “the whole system or set ethical behavior. A lot of it is personal responsibility,” he said. next governor of rules made by the government of a town, state, country, etc.” “I think there is absolutely no doubt that the public would like to The Virginia General Assembly generally spends a lot of time on see us change the way we do business in Richmond,” Toscano said. An interview with laws and not so much on ethics, but next year may be different. “I think there will be an effort, at least on the Democratic side, for an Dr. Larry J. Sabato The legislature may move to elevate the floor a little as it considers ethics commission. There is going to be a lot of discussion about how sets of bills to limit gifts to officials and members of their families, they work in other states.” By Mike Belefski to establish tighter reporting and perhaps even an ethics commission Delegate Edward T. Scott, R-Madison, said the public would like more powerful than an advisory afterthought. to see more transparency. “There is voter interest in it,” said Scott, a House of Delegates candidates on both sides of the aisle have member of the House since 2004. raised ethics reform as a major issue for the 2014 session of the “We have operated for a number of years on the principle we are General Assembly. transparent,” he said. “We have lost some confidence from the public Bills are being introduced to limit the size of gifts to $50 or that we are transparent.” There will be discussion about gifts made to $100 and increase reporting requirements in a state that has among immediate family members of officials, Scott said. the nation’s most lax rules governing gifts to elected officials and If there are maximum gift limits under discussion, would that rule their families. Current Virginia law places no limit on the value of out expense-paid trips to conferences? Scott said. “Then you start reportable gifts that elected officials can receive. Disclosure of gifts to getting into what is a gift.” A lobbying group’s annual conference at family members is left up to officials and often avoided. a nice hotel could run $1,500. Such conferences can be of value to a Proposals to establish an independent ethics commission that is legislator, he added. more than just an advisory body of former legislators also are being “If you are having a burger and a beer with a lobbyist instead of discussed as possible ethics reforms. a Morton’s steak, fine,” Scott said. “I always reported it if Tech or UVA invited me to a football game,” he said. That might not pass a $50 gift limit test. 9. Presidential Popularity—REPUBLICAN Will ethics drive voters to the polls? “Outside of the governor’s As I write this, Obama’s popularity has fallen in Virginia and race, I don’t think so,” Scott said. “My sense is a number of my is in the low to mid-40s. If he goes much lower, it could cause the colleagues are giving this some thought. I think it will definitely be ‘presidential curse’ to kick in. The last year when Virginians elected a focus.” a governor of the same party as the incumbent president was 1973. “I don’t think it’s going to drive voters to the polls,” but the public would like to see action on ethics, said Speaker William J. 10. Special Issues and Dominant Circumstances— Howell, R-Stafford County. NO ADVANTAGE Howell, a member of the House since 1988, agreed that it can Again, we’ll see. First, we have to see what happens in both be hard to define what is a gift and said he personally does not favor the SEC investigation of GreenTech and the feds’ investigation into limits on gifts. One emphasis may be on better reporting and more McDonnell. I could see an October event having a major impact on transparency. this contest. “I think it is going to be a big issue” in the 2014 session, he said. “We have had a task force looking at it for a month or so…I think Where do you see the races for Lt. Governor and Attorney we are going to come up with some good and successful solutions,” General at this time? he said. Ralph Northam leads E.W. Jackson, and barring a solid Cuccinelli Bob Gibson is the executive director of the Sorensen Institute for victory with coattails, Northam should win. The AG contest is close, Political Leadership at the University of Virginia.V so far as of late September a toss-up. This could be a coattail race for the Democrats, or Republicans could continue their string of AG wins going back to 1993. Can you tell us what trends to look for on Election Night? Will Fairfax County still be the ‘bellweather’ county? Fairfax has a strong Democratic tilt. The real bellwethers now Donald L. Ratliff in Northern Virginia are Loudoun and Prince William counties. VP–Virginia Government and External Affairs Another key county to watch will be Henrico outside of Richmond. Alpha Natural Resources Other localities worth following to see the trend on election night are One Alpha Place • Bristol, VA 24202 Virginia Beach, Albemarle County and Montgomery County. P.O. Box 16429 • Bristol, VA 24209 276.619.4479 (office) • 276.623.2891 (fax) Michael E. Belefski, is President of CPC CORPORATION, a 276.275.1423 (cell) • [email protected] Communications and Marketing Firm specializing in Performance www.alphanr.com Management Analysis in Business, Law and Political Systems.V

Virginia Capitol Connections, Summer/Fall 2013 5 Ethics In Government: Money, Power, and Corruption By Tom Hyland “If men were angels, no government As a college student in political history and political science would be necessary,” James Madison in the 1950s, I learned that Virginia was (in the not entirely wrote in the Federalist Papers. “If angels complimentary words of political scientist V. O. Key, Jr.) a were to govern men, neither internal or “museum of democracy” with low taxes and limited services, but external controls on government would honest government. be necessary. In framing a government, For more years than I care to acknowledge, I have which is to be administered by men over unhesitatingly and sincerely defended the Virginia political men, the great difficulty lies in this: you campaign disclosures laws as adequate in meeting the public‘s must enable the government to control “need to know.” But as times and conditions change—availability the governed; and in the next place of big money, more competitive districts, more frequent and larger oblige it to control itself. A dependence party primaries, increased political partisanship, development of on the people is, no doubt, the primary new and pernicious devices to disguise sources of money and control of the government; but experience has taught mankind the expenses, etc—experience (as Madison noted) should have taught necessity for auxiliary precautions.” us “the necessity for auxiliary precautions.” Weak disclosure rules This treatise on the separation of powers is equally relevant no longer adequately meet the public’s “need to know” when all to the matter of ethics in government. Madison, posting under sorts of political action committees and other modern devices and the name of Publis further noted that “Justice is the end of ruses—sometimes enacted into law, by knowing legislators— government. It is the end of civil society. It is and ever has been exist primarily to disguise donors and the actual sums donated. and ever will be pursued until it can be obtained, or until liberty The current problems ongoing in Richmond and elsewhere be lost in the pursuit.” in the Commonwealth tell me that I have been wrong in my past For the past six months, The Washington Post, has regularly support for unlimited expenditures and bare bones disclosure. informed me about allegations of what are at best unethical conduct Even Virginia lobbyists acted affirmatively to deal with in the executive and legislative branches of the state government unethical conduct in their ranks when they recognized what they in Richmond as well as here in Northern Virginia. I personally regarded as a deterioration in the professional conduct of a few know many of the people mentioned in these reports from my of their fellow lobbyists in the mid-1990s. A number of the older more than twenty years of service as a part-time legislative staff and more conscientious lobbyists banded together and formed member and lobbyist at the Virginia General Assembly. the Virginia Association of Professional Lobbyists, quickly As a resident of the Washington, D.C. area for more than 52 developing a much needed Lobbyist Code of Ethics, and later years, and a historian trained in American political history, I am Standards of Professional Practice and Personal Conduct. not naïve about the long-standing ethical problems and culture of Since my retirement in 2008 from lobbying at the General corruption in federal and state politics. As a former Congressional Assembly, I have often wondered about the potentially corrosive Fellow in 1969, I was a second-hand witness to the on-going effect on Virginia state politics from the large amounts of corruption and ethical lapses during the Nixon Administration. money required for political candidates to compete in modern state elections. Likewise, I often ponder the possible negative effects of that money upon the ethical conduct of candidates and legislators in pursuing the money they felt they needed to help acquire or keep the legislative powers they sought. I remembered PARHAM CHAPEL 1771 Parham Road vividly that back in the 1980s I had the unpleasant experience (804) 288-3013 of observing a state senator being censured for the act of selling his vote and the Senate Banking Committee being unable to HUGUENOT CHAPEL 1020 Huguenot Road obtain a quorum because of the potential conflicts of interest for (804) 794-1000 some members. That also was about the same time that the two RICHMOND, VIRGINIA competing candidates for a state senate seat in the Richmond area ATLEE CHAPEL shocked much of the public’s conscience when each raised more BERNIE HENDERSON 9271 Shady Grove Road Funeral Celebrant (804) 730-0035 than the previously unheard of million dollars. Director for Family and Community Relations My current reading of American history is that large [email protected] amounts of unregulated and unreported money in elections— the U. S. Supreme Court’s current opinion in Citizens United notwithstanding—inevitably leads to corruption and abuse of power and is FutureLaw, L.L.C. destructive of good ethics both in government and public life. That position is supported by Andrew Rosenthal, editorial page editor of John G. “Chip” Dicks the New York Times who has paraphrased Martin K. Johnson British Lord Acton’s famous 1887 phrase on the relationship between power and Sarah D. Dicks corruption with the following observation: Timothy S. Reiniger “Money corrupts, unlimited money corrupts Roger G. Bowers absolutely.” Tom Hyland is a retired local, state and 1802 Bayberry Court • Suite 403 • Richmond, Virginia 23226 federal lobbyist residing in Centreville, VA. Phone: 804-836-1980 • 888-252-6299 • Fax: 804-225-5508 V Website: www.futurelaw.net • E-mail: [email protected]

Virginia Capitol Connections, Summer/Fall 2013 6 An open and transparent Reforming Virginia’s government process is Ethics Laws: important to Virginians Restoring Accountability By Senator Mark Obenshain I have served as the chief ethics officer and Punishing Violators in the law firm that I started in 2003 and By Senator Mark Herring which has grown to nearly 50 employees Egregious lapses in ethical judgment in Harrisonburg and Charlottesville. It is from our state’s two highest elected officials important that we have an Attorney General have tarnished our Commonwealth’s who will not only hold himself and his reputation and shaken Virginians’ trust in office to the highest standards, but has the their public institutions. Governor Bob experience and a plan to do so. McDonnell and Attorney General Ken We have a system of government in Cuccinelli have both contributed to an Virginia that operates on the basis of voter environment where special treatment before confidence. Voters in Virginia want to know the state is available in exchange for gifts. that their elected officials are working on the This undermines Virginia’s economic behalf of their constituents, and not using their positions for personal development goals and erodes confidence in gain. I have for a long time supported Virginia’s strong disclosure state government. laws, but it has become clear over the course of this year that there’s After I called for a Federal investigation into the financial more that we need to do to uphold voter confidence. Regardless of relationship between Star Scientific, McDonnell and Cuccinelli, we whether any laws have been broken, I believe we must learn from found out that Cuccinelli was also helping an out-of-state energy experience and I have put forward a number of proposals to address company in a class action lawsuit against Southwest Virginians for gifts and transparency. over $30 million in gas royalties. At the same time, Cuccinelli received I support a ban on gifts to elected officials over a $100 threshold, more than $110,000 in campaign contributions from the company. and believe that the same rules should apply to members of an elected I condemned his actions and stated that I would run my office in a official’s household as well. I have pledged in this campaign to abide completely different manner. by these rules as Attorney General regardless of General Assembly The Attorney General is charged with defending Virginia and its action. In order to maintain the public trust, I believe that Virginia residents when companies petition the state. If the Attorney General must also promptly conduct a thorough review of gift disclosure receives stock, gifts, or meals from a company with business before the laws, which would include evaluating the penalties or sanctions for Commonwealth, how can we trust that elected official to represent all failure to disclose. Virginians and not the special interests lining their pockets? We need to work to proactively on prevention, and to do that we My opponent in this race to replace Ken Cuccinelli, Senator Mark must ensure that state officials and employees understand the laws. Obenshain, has been silent on these ethics scandals. When asked As Attorney General, I will see that all Office of the Attorney General whether Cuccinelli should return the Star Scientific gifts, he said he attorneys and staff receive professional ethics training and will offer would leave it to others to figure out the ‘political calculus’. Senator conflict of interest and ethics training to all political appointees in the Obenshain also took a $15,000 contribution from this same out-of- executive branch. state energy company as Cuccinelli, signaling a willingness to continue Transparency and accountability must also be a focus of any undermining Southwest Virginians. ethics reform. Speaker Howell has joined me in putting forward the That is the wrong approach. Transparency in Private Attorney Contracts Act (TIPAC) in Virginia, As Virginia’s next Attorney General, I will be committed to legislation to ensure that the actions of the Attorney General’s office restoring trust in state government and punish those who violate our always benefit the office’s ultimate client: the people of Virginia. The ethics laws. McDonnell and Cuccinelli prove that we can’t expect Office of the Attorney General frequently retains outside counsel to everyone to do the right thing; we can’t legislate honesty. But we can pursue specialized litigation on behalf of the Commonwealth; this make it harder—and more costly—to do the wrong thing. legislation will ensure that these contracts are open and procured In August, I rolled out my comprehensive ethics plan to update and through a competitive process, and will establish caps on the fees strengthen our ineffective ethics and conflict-of-interest laws. collected by outside counsel to ensure that the interests of all My plan includes the creation of a State Ethics Commission Virginians come first. And with or without the passage of such with broad authority to administer and enforce Virginia’s ethics rules legislation, as Attorney General, I will always insist on an open and and conflict-of-interest laws. It will be empowered to independently transparent process because the Attorney General is the people’s investigate and hold hearings on potential ethics violations and lawyer. conflicts-of-interest as well as assess the gaps to eliminate the “grey My focus as Attorney General will be keeping our communities areas” plaguing our current system. safe and making sure that Virginia continues to be a place of My plan prescribes a $100 annual limit on gifts to elected officials opportunity. However, the primary duty of the Attorney General is and their immediate family members. There will be no more gifts from to be a good lawyer, and to give good advice to state agencies. I have lobbyists and both full disclosure of corporate loans and creditors will practiced law for 26 years, and managed one of the 50 largest law be required. No longer will gifts to lawmakers remain in the dark, firms in the Commonwealth of Virginia. I have handled complex because all disclosures must be made publicly available online within constitutional cases, and know the office. I will be ready to step in on ten days. day one and make sure that the Attorney General’s office is working I will require independent audits of financial disclosures and for all Virginians. increase penalties for officeholders who knowingly violate ethics and Mark Obenshain is a senator representing the 26th district of conflict-of-interest laws. Gone are the days where those tasked with Virginia. He is the Republican candidate for Attorney General.V safeguarding our Constitution can plead ignorance when it’s clear they knowingly violated the law—willfully breaking our ethics laws will result in stiffer penalties. See Herring, continued on page 8

Virginia Capitol Connections, Summer/Fall 2013 7 Virginia ethics laws should be the floor not the ceiling By Senator R. Creigh Deeds For 22 years, I have travelled from bucolic Bath County to Richmond every January to meet for a hectic legislative session during which thousands of bills are considered. With few exceptions, the men and women with whom I have served have been hard-working and conscientious civil servants. We have functioned under minimal campaign finance and ethics laws. A former colleague professed that if you could not have dinner with a lobbyist and vote against him or her the following day, then you have no business being in Richmond. The people I was surrounded by were primarily interested in serving their constituents and doing what is right for the Commonwealth. We operated with the knowledge that our laws were the floor, not the ceiling, when it comes to ethics. In recent years, the tone has changed to a large extent. Legislators have become more polarized and resistant to compromise. The sense of camaraderie is dissipating. The focus seems to have shifted. Within the past four years, our historic institution and Capitol grounds have been plagued by the scandal involving a former member of the House of Delegates and now the swirling controversy surrounding the Governor. Perhaps these are isolated incidents rather than a new trend in our state government. Regardless the incidents highlight flaws in our system. The integrity of our government must be restored. When the legislature convenes for the 2014 General Assembly Session, it is my hope we can revamp our laws to achieve such things as improved disclosure, closure of loopholes utilized by some to exempt gifts to staff and family members, and increased transparency to the public. If anyone in Richmond sees our ethic laws as the ceiling, we need to raise the floor. Creigh Deeds is a Democratic senator representing the 25th district of Virginia.V Virginia State Firefighter’s Association

Larry Logan • President • 540.798.9111 • [email protected]

ORGANIZED DECEMBER 2, 1886 FOR THE PEOPLE’S GOOD • INCORPORATED FEBRUARY 14, 1897

Herring from page 7 When I’m Attorney General, there will be no more using campaign contributions for personal expenses, like our current Governor did for his spouse, and I will make sure we expand public access to government records by honoring and expanding the scope of FOIA requests. As Attorney General, I will work tirelessly to clean up the mess in Richmond, to restore the public trust and press for new laws that hold elected officials accountable for their actions. It’s time to enforce ethics laws that root out corruption and level the playing field for all of Virginia’s businesses. Mark Herring is a senator representing the 33rd district of Virginia. He is the Democratic candidate for Attorney General.V

Virginia Capitol Connections, Summer/Fall 2013 8 Delegates look forward to Stepping In It: tackling ethics and disclosure Avoiding Troubling during the 2013 session Outcomes for Delegate J. Randall Minchew Ethical Dilemmas I strongly support a dedication of By Thomas M. Brewster substantial time during the 2014 session to While serving on the Virginia State consider, review, and adopt bills to reform Board of Education, I approached our and improve our Commonwealth’s ethics conscientious Executive Assistant to and disclosure laws. I completely concur the Board, Dr. Margaret Roberts, about with the words of Speaker Howell and a situation that I viewed as a potential Majority Leader Cox who wrote last month: conflict of interest. After her consultation, “We agree with both Governor McDonnell she reminded me that it was her job to keep and Attorney General Cuccinelli that me, as well as other Board members, from serious steps need to be taken to reform “stepping in it.” Virginia’s disclosure and transparency laws. As we have previously As school superintendent, there are stated, we are committed to seeking the strong reforms necessary to many decisions that have to be made guarantee the integrity of that system.” during the course of the school year. Virginia has been blessed since the days of our Founding Fathers Many of these decisions involve unanticipated ethical dilemmas with ethical leaders and exemplars and in this Commonwealth we that sometimes require immediate and decisive action. In fact, one demand that traditional principles of honor be treated as directive would only have to peruse local and statewide newspapers to see rather than advisory or aspirational. As such, when fact patterns troubling ethical dilemmas that often develop within other school emerge that show shortcomings in our existing ethics and disclosure districts. Though it can be impossible to anticipate some of these laws, we are duty-bound to reform them. situations, there are three key principles that you can follow to As a lawyer and member of the House Courts of Justice avoid “stepping in it.” Committee, I look forward to commencing this work. J. Randall Minchew is a Republican delegate representing the 10th Define Your Ethical Standards district of Virginia. Each year, our local Board adopts the Virginia School Board Association’s Code of Ethics. This Code contains the framework Delegate Rich Anderson that commits Board members to be advocates for students and Ethics reform is a front-and-center issue public education. The document further outlines 12 principles for in Virginia, and that responsibility rests Board members to follow in order to successfully meet the criteria squarely on the shoulders of the General of the Code. In the book “The Leadership Challenge,” Jim Kouzes Assembly. and Barry Posner write, “When you clarify the principles that Over the last six months, I have govern your life and the ends that you will seek, you give purpose been working on a bill with the National to your daily life. A personal (or organization) creed gives you a Conference of State Legislatures (NCSL), point of reference for navigating the sometimes-stormy seas of which consists of all 7,300 state legislators organizational life.” A leader in any field should adopt a personal in the U.S. As one of 30 legislators who sits or collaborative code that addresses fundamental beliefs and sets on the organization’s governing body, my high standards. After all, the leader’s actions will be viewed and approach has been to tackle this from an analytical and best-practices judged by the organization’s employees and the individuals served perspective. by the organization. Other perspectives will be offered by other delegates who craft their own bills, and I look forward to working with my Republican Anticipate Ethical Dilemmas and Democrat colleagues in the House and Senate to find a way As mentioned earlier, it can be impossible to anticipate all forward that meets the expectations of our fellow Virginians. ethical dilemmas. However, by using a problem-based approach, All can agree that our republic works best if its public officials leaders have the opportunity to explore real-world problems and fulfill their public trust with integrity, transparency, and accountability. challenges. This means studying real-life situations relevant to your Our fellow Virginians expect it…our history and heritage demand it. field of expertise, and asking what you would do in these situations. Rich Anderson is a Republican delegate representing the 51st Anticipating ethical dilemmas using a problem-based approach will district of Virginia. prepare leaders to do the right thing if a similar situation does arise. Surround Yourself with Good People Delegate Joe Morrissey As a State Board member, I was fortunate to have someone like I know that ethics, specifically the Dr. Roberts guiding me through the maze of ethical dilemmas. As a reporting of gifts, will be a primary topic of leader, there is no reason to make decisions in isolation. My staff and debate during the 2014 General Assembly I meet regularly in an offsite location within one of our schools. This session. We should all seriously consider regularly scheduled meeting gives us an opportunity to confidentially imposing a monetary cap on political discuss each area of responsibility. The information shared is often donations to members of the General useful to the entire group. However, sometimes the discussion of Assembly. How about capping a political ethical dilemmas within each area allows members of our leadership contribution at $1,000 for a start! team the opportunity to share the burden of leadership, and discuss Joe Morrissey is a Democratic delegate the grey areas where policy and practice are not well defined. representing the 74th district of Virginia.V See Stepping In It, continued on page 14

Virginia Capitol Connections, Summer/Fall 2013 9 with our moment in history…claim it and act upon it with more Consideration of Ethics in seriously and humane intention? In business and industry, in the trades and professions, in the Preparation of Teachers public service—in all human affairs—questions about ethics and By Phil Wishon character challenge us. Millions of American families continue to be burdened by poverty and its attendant social ills: crime, addictive Imagine that it is the fall of 1927 and behavior, and mental illness. In too many of our communities there that you are a student in a Biology class are too many incidences of violence and disregard for the rights at the Pennsylvania College for Women and property of others. (now Chatham College). Imagine also that The gap between the haves and the have-nots in our country is your lab partner is a young woman named wider than ever, and its consequences are mirrored in our schools Rachel Carson, just starting her junior by declines in student interest, behavior, and performance. They are year, a dedicated student eager to discuss also mirrored in our neighborhoods and workplaces by inequality with you her developing intellectual of opportunity, by disparate levels of income, and by inequitable interests: marine life and the oceans. What access to gainful employment across gender, race, and culture. are the chances that your exchanges with Understandably, these disparities result in widespread individual Rachel would be engaging in a way that and collective malaise and discontent as they continue unabated. would sustain her interest in science—an In addition to helping future teachers learn to improve the interest that would eventually lead her to publish Silent Spring, her intellectual capacities of their students, faculty members in landmark book about the vulnerability of the natural environment? Virginia’s educator preparation programs are also committed to Jump ahead thirty years to the fall of 1957, and imagine that engaging them in informed, thoughtful conversations about what its the beginning of your senior year in high school. Let’s make it type of communities they most desire and about the way they September 25 to be exact—and imagine yourself mingling among (and their students) ought to conduct their lives. We embrace the hundreds of other members of the student body outside of your challenge of trying to raise not just the intellectual quotient of our school, Central High School in Little Rock, Arkansas as nine black candidates and the students they teach, but also the ethical, just, students attempted for a second time to begin classes, escorted this and moral quotient of professional practice and personal choice. time by troops from the 101st Airborne. What are the odds that Investment in character development and ethical reasoning you would have joined with a number of other students who had serves Virginia’s and our nation’s economic agenda as well as their welcoming sentiments for the “Little Rock nine” or with the many interest in social justice. Our responsibility as teacher educators students (and adults) who chose to express only hate? goes beyond merely transmitting whatever values happen to be in As William Faulkner noted, History is not was, History is. vogue in society but to question those assertions and—drawing While we don’t get to choose our moment in time, we do get to upon the best that humankind has imagined—contemplate choose whether, in the time given to us, we will speak out, take possibilities that promise to enrich the lives of all. To this end, we action, and inform unfolding events, or whether we will remain choose to engage our teacher education candidates in meaningfully silent by-standers to history. We are attached to this time and to the exploring: How can we reach out in more consequential ways places that stretch before us, but how many of us will ever bond See Consideration of Ethics, continued on page 15 At Alpha, it’s not about pats on the back. It’s about watching each other’s back.

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Virginia Capitol Connections, Summer/Fall 2013 10 Ethics & Disclosure Reform in 2014 By Speaker William J. Howell, Majority Leader M. Kirkland Cox, Caucus Chairman Timothy D. Hugo & Majority Whip Jackson H. Miller Over the past several months, Virginia’s ethics and conflict of family gifts. We need to review when it is appropriate for a spouse or interest laws have become the subject of scrutiny and debate. As family member to be required to disclose a gift, as well as how and leaders in the General Assembly and believers in a responsive and when those disclosures are made. The law should be applied in a way responsible government, we plan to address these issues during the that is simple and straightforward. 2014 General Assembly Session. Reporting requirements must be streamlined and reformed. Our We recognize that earning and maintaining the trust of the system should encourage transparency, not make it more difficult. citizens we are elected to serve is paramount to providing effective Legislators and lobbyists should be on a similar reporting schedule. service and leadership. Virginians have and should continue to hold Disclosures should occur more than once per year. their elected officials to high standards because that trust is necessary There should be more comprehensive ethics and disclosure for government to function in an orderly and effective manner. training for legislators, executive branch officials and local and Historically, Virginia has approached government ethics and constitutional officers. We are exploring the idea of mandatory ethics financial disclosures differently than many other states. We have and disclosure training for incoming lawmakers and new lobbyists, as implemented a system that relies on the principles of full disclosure well as the creation a continuing education program to ensure officials and complete transparency. We believe this approach works, but we stay apprised of changes to Virginia’s ethics and disclosure laws. recognize the need for reform and understand the need to be vigilant Ethics reform is a serious and complicated issue, vitally important in safeguarding the public trust. to Virginia’s citizens. These reforms require our full attention and Over the past few months, we have been working to review every thoughtful consideration. The legislature must be measured and aspect of Virginia’s ethics and disclosure system. That work will responsible in the actions we take. Those actions must be consistent continue throughout the fall and as we head toward the 2014 Session. with Virginia’s transparency first approach. Most importantly, we When the General Assembly convenes in January, we plan to enact cannot let political motivations be the driving force behind our policy strong reforms to our transparency and financial disclosure system. decisions. While there are a number of areas that will likely be considered, three We look forward to continuing to explore this issue over the issues in particular must be addressed. next several months and presenting our solutions during the 2014 We must reform our system to require disclosure of spousal and legislative session.

Ethics: The Threads that Bind the Fabric of Society By DAvid Olive Much of this year’s gubernatorial Whether written in law or not, as a whole, our society still seems race has focused on each candidate’s capable of understanding right from wrong. To ensure there are no shortcomings and questions about each lapses of judgment by our elected officials, laws have been written candidate’s past decisions. Political to guide and safeguard behavior so that public trust is maintained. observers might say this is no different However, a good attorney can parse words, and we have seen words from past campaigns. However, with parsed down to the lowest degree, such as the defining of what “is” is. present questions surrounding the Office of What’s at question in the actions of those previously referenced the Governor as a backdrop to this election goes beyond the letter of the law to that of the spirit of the law. While cycle, this race seems to be accentuating a ethics laws may not encompass every situation where public trust can central issue that most of society believes is be violated, there is the expectation that elected officials, as well as important—ethics. all members of society, have integrity. Integrity is a characteristic that Ethics are the threads that bind the fabric of our society. Merriam- reflects honesty and moral principles. We all know integrity is doing Webster defines ethics as “a set of moral principles; the principles of the right thing even in situations where no one else is present to witness conduct governing an individual or a group.” Given what some would our decisions and actions. Our Commonwealth—our country—has say has been moral decline in our country, we still seem able as a benefited from public servants who have practiced integrity in their society to note when ethical guidelines, written or unwritten, have decisions and actions. Without such moral principle, we will end up been broken or violated. with a society devoid of values and ethical behavior. When Bernie Madoff made off with billions of dollars he bilked As previously stated, time will tell whether citizens of the from thousands of unsuspecting investors, we seemed to figure out Commonwealth deem the aforementioned conduct as unethical, he crossed an ethical boundary. When former Congressman and New notwithstanding legal outcomes. What is certain is the need to strengthen York City mayoral candidate Anthony Weiner exposed more than his the ethics laws governing the conduct of our elected officials. While we policy positions on Twitter, we seemed to know that he crossed a expect the best of elected officials, we have unfortunately witnessed moral line…and apparently lacked any common sense. examples where the position blinds one to his or her obligation to the While it appears that perhaps no ethics laws were broken by the public trust. As is often repeated, “Power corrupts, and absolute power current Governor when reportedly he and his family took more than corrupts absolutely.” $145,000 in personal gifts, cash and loans from a political donor and We, as a society, need to recommit ourselves to virtue and good his company, time will tell whether society deems such behavior as character, and we need to ensure our ethics laws continue to evolve having crossed an ethical boundary. The same is true for the Attorney in order to provide safeguards to moral lapses and ensure a strong General who went back to amend four years of required annual state public trust in our government. Those called forth from society to serve economic disclosure forms to divulge forgotten gifts of vacations and as elected officials should heed the words of John Adams, “Because a Thanksgiving dinner. The other contender for Virginia’s top job power corrupts, society’s demands for moral authority and character has been caught in at least one less-than-accurate statement about increase as the importance of the position increases.” We want greater GreenTech, and a federal investigation is underway of the company. moral authority and good character, not less. Is there veracity and truthfulness evident in all these instances? Or, David Olive is the ninth president of Bluefield College, an ordained are these indiscretions just explained away as misunderstandings, Baptist minister and the chair of the International Association of forgotten oversights, or politics-as-usual? Baptist Colleges and Universities.V

Virginia Capitol Connections, Summer/Fall 2013 11 www.wandajudd.com 12 Putney andGovernors Holton,Gilmore,Wilder, Allen,&McDonnell Putney withGovernorAllen adjustingGovernorGilmore’sGovernor Wilder tie August 20,2013 PayTribute Governors Virginia toLaceyPutney V irginia C apitol Putney asayoungDelegate C onnections , S ummer /F all with oldestlivingGovernorHolton DelegatePutney Longest-serving 2013 photographs BY W anda Judd River North Correction Center–A Day Of Celebration September 25, 2013 • Independence, Virginia

Express the County’s “appreciation to Governor McDonnell, Senator Carrico, Delegate O’Quinn, Secretary Marla Decker, the former Board of Supervisors, the Twin County Chamber of Commerce and all those citizens who stood beside Senator Carrico and the Grayson County leadership and literally fought for this facility to be built here. Kenneth R . Belton” Chair of the Grayson County Photos by Stuart Higley, Senator Carrico’s Legislative Assistant Board of Supervisors A prison is not a place of hope. “ It symbolizes entrapment through barbed wire fences and cells. However, for Grayson County, hope is found in these walls. Hope is found in the employment that will be generated and the people that will bring money into the economy as they visit their friends and relatives. And even though right now that hope is a waiting hope, the people of Grayson County know that it is a hope that will be fulfilled. Lydia Freeman ” Virginia Capitol Connections Quarterly Magazine, Fall 2012V

Virginia Capitol Connections, Summer/Fall 2013 13 Letter to the Publisher A plea for the By Charlie Todd Dear David, Conflicts of Interest Act Thank you for suggesting that I By Senator Ralph Northam write an article on “Ethics in the General At the Virginia Military Institute, cadets Assembly.” Your idea was apparently the live by the honor code. During my time at result of several articles in the Times- VMI, I served as the President of the Honor Dispatch and Washington Post involving Court, which enforces that code, and have elected Virginia officials who forgot since continued my commitment to public or otherwise failed to report gifts from and professional integrity by teaching friends and business acquaintances. courses on medical ethics at Eastern Virginia I really don’t think I’m morally Medical School. In our Commonwealth, we capable of writing about ethical matters. teach our students to hold themselves up to Although as a teacher and school the highest ethical standards, and we should administrator I have never forgotten, or expect the same from our elected leaders. failed to thank, anyone who gave me $5,000. I was personally Unfortunately, the flood of stories very careful about reporting expenses. Our finance officer checked about Governor McDonnell’s and Attorney General Cuccinelli’s ties our claims carefully and demanded receipts. Once I attended a to STAR Scientific CEO Jonnie Williams and the undisclosed gifts superintendents’ conference and had a quick lunch at a fast food they received from him gave Virginia a glimpse into how badly we restaurant on the way home. I charged $1.69 but had no receipt and need to reform our ethics laws in Richmond. This conduct by two of was told I could not be reimbursed. Fortunately, I had the bag from our highest ranking elected officials has not only created political Hardee’s in my car and I stapled it to my voucher, and she allowed problems for those involved but has also given Virginia a blemish me to collect. on the national stage and betrayed the trust of millions of Virginians. I don’t think members of the Assembly should be subjected to The people of our Commonwealth deserve better, and the General such scrutiny, but the “rules of the game” should be clearly stated. Assembly must act to prevent it from ever happening again. Personal integrity is of the greatest importance, and Members of Ethics reform cannot just be an election year slogan; it must be the Assembly are faced with ethical choices daily. A year or so ago, a sincere effort to upend the current culture of corruption on Capitol officials were given a five-day trip to France and took a two-hour tour Square. Unlike people in many states who accept, or at least tolerate, of a defunct uranium mine. Those attending felt it was educational; scandalous behavior by public figures as the norm, Virginians have those not attending said it was not right to take such a trip because always expected more from their leaders. Until recent years, our it could influence their vote. The trip was sponsored by those who state has had a sterling record of integrity. When then Delegate Phil wished to remove the ban on uranium mining in Virginia. Hamilton was caught using his position on the House Appropriations I’ve never reconciled promoting the Virginia Lottery with Committee to secure a job with Old Dominion University in 2009, its poor odds for players, while at the same time encouraging people were shocked. A House ethics panel ended its investigation youngsters to take more algebra where permutations and into Hamilton’s wrongdoing because Hamilton resigned his seat and combinations are taught. There seems to be no place for the people were outraged. Hamilton ultimately earned a nine-year prison practical use of mathematics when it comes to finding more state sentence for his misconduct. I introduced the Conflicts of Interest Act money for education. in an attempt to toughen the ethics code for members of the Virginia When I think about ethics, I refer to a favorite book: “Moral General Assembly and make sure that politicians can never again Clarity” by Susan Neiman, a guide for grown-up idealists. It’s use loopholes to evade justice. My legislation aimed to establish an good reading and would be a valuable resource for a committee on open board to investigate politicians who break the law and to pursue state ethical behavior. prosecution even after an elected official leaves office. I’m sorry I can’t write an article on Ethics, but you may publish Now, it is apparent that we need to extend ethics reform beyond this letter if you wish. Meanwhile, keep your fast-food bags and the General Assembly. As Lieutenant Governor, I will work with encourage everyone to vote for candidates who display the highest both sides of the aisle to ban gifts over $100 to anyone serving the ethical standards. Commonwealth in an official capacity, as well as to their immediate Sincerely, families; lower the threshold for elected officials to disclose financial Charlie investments from $10,000 to $5,000; and establish an open ethics Dr. Charles Todd is a retired teacher and public school administrator.V board that reviews all financial disclosures for discrepancies and has subpoena power and can punish those who violate the law. Stepping In It from page 9 I have always felt that there should not be two sets of rules: one for the hard-working families of Virginia and one for Virginia’s Virginia High School Hall of Fame football coach Glynn leaders. We must pass the Conflicts of Interest Act in the next session Carlock and his staff would spend countless hours reviewing game along with even more comprehensive ethics reforms to make sure film prepping for the next opponent. When asked by others why he everyone plays by the same rules. spent so much time in preparation, the coach would simply reply, “I I have joined my running mates in supporting a ban on gifts, only know one way, and that is the right way, there are no shortcuts. and I will apply the ban to myself and my immediate family moving “It takes a lot of hard work to prepare oneself to face the many ethical forward even if the General Assembly fails to act next session. The dilemmas of one’s profession. In the book Lincoln on Leadership, combination of banning gifts, increasing the level of disclosure, and Donald Phillips writes, “The architect of leadership, all theories establishing an independent board will help prevent the next ethics and guidelines, falls apart without honesty and integrity. It’s the embarrassment from happening in the first place and help restore the keystone that holds organizations together.” There are no shortcuts, people’s trust in our Commonwealth’s leaders. and the leader’s decisions have a direct impact on the organization’s Ralph Northam is a senator representing the 6th district of Virginia. employees and the individuals served by the organization. He is the Democratic candidate for Lieutenant Governor.V Thomas Brewster is the superintendent of Pulaski County schools.V

Virginia Capitol Connections, Summer/Fall 2013 14 The Importance It’s time to bring of Medicaid Expansion gift disclosure By David DeBiasi The 2013 General Assembly passed into the digital age legislation that would expand Medicaid By Delegate Robert Krupicka once specific reforms are put into place. The investigation into Governor Why is Medicaid expansion—which would McDonnell’s receipt of gifts has drawn extend Medicaid health coverage to people attention to the drastic need for ethics who earn about $15,000 a year (138% of reform in our state’s political system. Like the federal poverty level)—so important? my colleagues, I have heard about the need Here are the top 5 reasons: for reform from hundreds of citizens and 1. 50- to 64-year olds: Medicaid ex- more each day through my web site www. pansion will provide health care cover- VAEthicsReformNow.com. Regardless of age to 62,000 hard-working Virginians what the investigation concludes, it is clear between the ages of 50 and 64. These individuals are more likely as elected officials we are losing the trust to face the onset of health conditions that, if left untreated, could of the people we are supposed to represent. inevitably increase their need for health and long term care. Many On both sides of the aisle, politicians of these citizens have lost their jobs or are struggling in jobs without have come forward to call for ethics reform. It is encouraging to health benefits but don’t qualify for Medicaid health coverage and see Republicans and Democrats come together on this important won’t be eligible for Medicare, the federal health insurance pro- issue. We cannot allow this opportunity to pass without making gram for older Americans, until they turn 65. How many of us know meaningful reforms to our political system. We have the support, someone in this situation? it is time to move past generalities and begin discussing specific 2. Adults without children (or with adult children): Medicaid reform measures. expansion will provide health coverage for adults who don’t have While there are many aspects of ethics reform that should be children—or whose children are 19 years of age or older. Currently, addressed, one of the most critical is adding more transparency in Virginia, Medicaid only provides coverage for children age 18 or to our financial and gift disclosure system by bringing it into the younger and adults with children. electronic age and allowing online reporting and monitoring. We 3. Preventive care: Medicaid expansion will give many more need a system that allows for easier and more consistent reporting Americans access to critical, life-saving (not to mention, less of gifts. We should also make it easy for Virginians to access expensive) preventive care—and treatment for chronic diseases like politician’s financial and gift reports. The Virginia Public Access diabetes, cancer, heart disease and stroke. Project (VPAP) has worked for years to make financial records 4. ER care: Medicaid expansion will ease the emergency room easily available for the public to view. It is time for the General overcrowding that threatens us all, because up to 400,000 Virginians Assembly to bring similar transparency to our financial and gift will no longer need to use the ER as their only point of access to reporting system. All financial reports regarding politicians, health care. candidates, and political committees should be easily available 5. The economy: Medicaid expansion will pump money into online for the public. Requiring politicians to file electronically is Virginia’s economy, create jobs, increase tax revenue and help the natural evolution of our system as we now file our campaign hospitals keep their doors open without losing the doctors and nurses reports online. Instead of locking away financial and gift reports in we all depend on—at minimal cost to the state. The Department of file cabinets around the Commonwealth, I’d like to work with my Medical Assistance Services (DMAS) which oversees Virginia’s colleagues to bring these reports into the modern technology era. Medicaid program has estimated that over the next 9 years Virginia Of course there are further discussions to have about what would receive $20 billion dollars and spend just $137 million. That information should be reported, what format it should take and the means for every $1 we put in there would be $146 gained. Where frequency of reports. It is becoming increasingly obvious that the can you we find an investment like that? current requirements leave too much space for ambiguity. I believe Medicaid expansion gives access to health care coverage for up the State Board of Elections, with their experience with online to 400,000 Virginians who desperately need it and infuse Virginia’s campaign reports, could be the logical entity to host and manage economy with billions of dollars. AARP Virginia is encouraged this updated financial and gift reporting system. Providing easy by DMAS’s work with ongoing implementation of reforms to online access to all financial reports creates a connection between Medicaid as required by 2013 legislation. AARP Virginia urges the politicians and the people we are elected to represent. It encourages Medicaid Innovation and Reform Commission to do its work with a honest and ethical behavior and will help us all reestablish the focus on what is right for the health of Virginia’s residents and for public’s trust. We cannot effectively serve our state as officials if we the state budget. do not hold the trust and respect of the citizens of Virginia. Online David DeBiasi is the Director of Advocacy for AARP Virginia. He access to financial reports should be a part of a comprehensive was previously the Director of Advocacy for the American Lung approach to ethics reform in Virginia politics. Association in Virginia.V Robert Krupicka is a Democratic delegate representing the 45th district of Virginia.V Consideration of Ethics from page 10 to policy-makers and others to offer hope to those who see little students in our schools whose lives we will touch mainly through reason to feel hopeful? What more can we do together to appreciate the teaching skills and the compassion of our candidates and those and help uplift Virginia’s citizens and those of other states and who support them. other nations who struggle with their history-making? How can we Phil Wishon is the Dean of the College of Education at James respond more effectively to a wounded planet in desperate need of Madison University and President Emeritus of the Virginia healing? Ultimately, hope rests in the promise and possibility of Association of Colleges of Teacher Education.V

Virginia Capitol Connections, Summer/Fall 2013 15 The Lieutenant Governor plans for serious ethics reform By Lieutenant Governor Bill Bolling Friends – Over the past few months, a series of unfortunate events have revealed to us several deficiencies in Virginia’s current ethics laws. As a result, the confidence of the people of Virginia in their state government has been eroded. This week, I proposed a series of comprehensive reforms to Virginia’s ethics laws. These changes are designed to enhance Virginia’s ethics laws and begin the process of restoring the confidence hen it comes to events no one of the people of Virginia in their state government. Through the Virginia Mainstream Project, I proposed the following throws a party like David Napier. ethics reforms: • Banning the receipt of gifts in excess of $250 in aggregate for a calendar year. Known throughout Central Virginia for his • Expanding gift reporting requirements and limitations to spouses and dependent family members. wonderful food and hospitality, David is • Requiring the disclosure of additional information regarding Board memberships, income, investments and loans. • Prohibiting the use of campaign funds for personal expenditures. delighted to have opened his catering facility in • Prohibiting lawyer legislators from representing clients before state agencies. the heart of Shockoe Bottom. No event is too • Prohibiting law firms who are assigned business by the Office of the Attorney General from making political contributions or giving gifts to the AG, any candidate for AG, or member of AG’s small or large. Delicious Box Lunches delivered. staff. • Creating a statewide Ethics Review Commission to review ethics related complaints against elected officials and issue advisory opinions on ethics related issues. O ne of Richmond’s most elegant dining • Additional details can be found here. You can also read about the proposals in the Washington Post and the Richmond Times- rooms is now exclusively available for your Dispatch. This is an election year in Virginia and it is important for candidates seeking our support to speak out on the important issues private parties and special events. Our award facing our state. I’ve challenged the candidates for Governor to pledge to implement these proposals for themselves and their staffs through winning chefs produce an array of dishes from Executive Order until they can be acted on by the General Assembly. When I announced the formation of the Virginia Mainstream Project in June, I indicated that one of our goals was to propose specific steaks and seafood to vegetarian and policy solutions to the important issues facing Virginia. These ethics reform proposals are the first policy proposals released by the Virginia international masterpieces that will satisfy the Mainstream Project. We look forward to sharing additional proposals in the coming weeks and using them to encourage candidates to support responsible, common-sense solutions to the challenges we face. most discriminating palate. The Old City Bar Sincerely, Lieutenant Governor Bill BollingV is the perfect place to celebrate.

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Virginia Capitol Connections, Summer/Fall 2013 16 We must renew the spirit of the Conflict of Interest Law By Delegate Vivian Watts Just when I think I’ve heard it all, form, which is underscored by the fact that there is no definition another incredible act is reported that is of “personal friend” anywhere in the Code. against the spirit of Virginia Conflict of I believe gifts exceeding $100 for the year from personal Interest laws that have been on the books friends to the official and his/her spouse and dependents should for more than 20 years if not, against the be reported. However, if such gifts are going to be excluded, we letter of the law. must adopt a clear definition of personal friend. Yes, I am fully behind “ethics In addition to these specific changes, we need a carefully reform.” We need to establish oversight. considered discussion of We need to remove ambiguities. We need • Government sanctioned cultural exchanges: to increase penalties—especially for multiple criminal acts—from the current “We are part of a global economy and it will not serve possible penalty which is one year in jail Virginia’s future to isolate elected officials.” and $2500 fine. But the reality is that much of what will be done • Extending prohibitions against accepting gifts: is word-smithing of what is already clearly stated in Virginia law and followed by most. “Currently, we only prohibit the official from directly Virginia law (§2.2-3101) clearly defines gifts to include accepting anything of value that reasonably tends to anything of value: influence the performance of his official duties. Gifts to spouses and dependents likewise could influence “Any gratuity, favor, discount, entertainment, hospitality, the official.” loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, • Appropriate inflationary indexing: local travel, lodgings and meals, whether provided in- kind, by purchase of a ticket, payment in advance or “The effect of inflation should be reflected in the levels reimbursement after the expense has been incurred.” of economic interest that must be reported; in addition, we need to consider the ramifications of not increasing The law requires any gift over $50 be reported, including gifts Delegate and Senator compensation in several decades.” to “immediate family” members. Furthermore, under §2.2-3103, any officeholder and any The bottom line is that there is no substitute for personal judge, agency head, or cabinet member cannot accept gifts, “for responsibility. I know it is complex to properly report expenses services performed within the scope of his official duties,” or and income to the IRS, to bill all expenditures that directly support “that reasonably tends to influence him in the performance of his my campaign or list them as my personal donation on campaign official duties,” or any payments that exceed the IRS per diem finance reports, and to accurately disclose my annual conflict of travel allowance for government workers. interest report any expenditures made by others on anything of These are not weak provisions. However, there are two value that I ultimately received. My rule always has been if you loopholes: First and foremost, we must establish systematic think you might be close to the line, take 10 steps back. oversight and enforcement to ensure that officials are following I know that I’ve benefitted from three key sources of the law. Second, reporting gifts from friends must be clarified. information about where the line might be: the Va Society of CPAs The Virginia Code (§2.2-3117) is oddly structured regarding booklet discussing tax-deductible legislative business expenses, gifts from friends. The form that all officials must fill-out annually the full afternoon legal briefing I received which was required to disclose gifts and economic interests is completely laid out in by Governor Baliles for his Cabinet members; and compliance §2.2-3117. It begins with “Definitions and Explanatory Material,” with federal requirements imposed on my husband as a Senior which states gifts that must be reported only excludes presents Executive Service employee. from relatives. This is followed by a narrow list of specific Virginia government has been built on a centuries-old relationships to define relatives. Under this detailed section, gifts tradition of honor. Unfortunately, we must now try to enshrine from friends are not excluded. such a personal commitment to duty in the letter of the law. It is Nevertheless, in the same Code section, the wording of the an essential step on the long road to rebuild public trust. form itself reads “other than a relative or personal friend.” There Vivian Watts is a Democratic delegate representing the 39th no basis for inserting “personal friend” as an exclusion on the district of Virginia.V

Virginia Capitol Connections, Summer/Fall 2013 17 An excerpt from The American Creed at Risk: The Clash of Egalitarianism, Community and Individualism By Bill Shendow Editor’s Note: This is an excerpt from a 36 page paper on the American Creed written by William Shendow, the political science chair at Shenandoah University. We plan to publish a shorter, 25- page version of the paper on our website.

Sitting in church on a Sunday morning asking whether the damaged state of our political value root system I listened as my pastor preached a sermon is such that we are about to experience a decline, unable to bear the from Luke 13: 1-9 about the biblical fig fruits of our democracy we have previously enjoyed. A response to tree. It reminded me that I had frequently this question is the focus of this paper. referenced this parable in my upper level The vertigo surrounding our national identity and engulfing our American Political Culture class. The point political dialog is troubling to academics, politicians and anyone who of my reference was to draw a comparison values the political principles which have sustained us as a people. of the roots of a tree to our nation’s political I am among those who are deeply concerned about our current values system. Like the roots of a fruit tree divisiveness. My concern is based on a belief that our political values which provides subsidence and stability so are at the very core of our democracy and is most representative of very necessary for the tree to bear fruit, our who we are as a people. Therefore, I believe an ongoing examination nation is largely dependent on the roots of of the evolution and overall state of our values is critically important our value system if we are to bear the fruits of our democracy. What and most appropriate when, as is the case today, our common values is so marvelous about the fig tree and makes it different from the are seen by many to be in peril. This is not the first time nor is it average fruit tree is not what one sees above the ground, but rather likely to be the last time our nation’s attention has had to refocus on that part of the tree which exists below ground…its system of roots. those values which determine our national identity. History reveals The fig tree has the deepest root system of any tree in the world. As that attention to the importance of our values and their saliences to our nation goes through what many consider a crisis of American our national identity have varied over time. In times of war, natural values, it is appropriate to re-examine the status of our root system, or man-made disasters or perceived or real threats to our security we those political values which provided the impetus for our Founding unite as a people. External challenges have always seemed to trump and early recognition among our forbearers that they were a unique internal conflicts of values. We appear to be at our best when we people. They were Americans. are challenged or in peril. Similarly, in relative tranquil times when A re-examination of our political values is particularly important things are going well for all segments of society, the importance because as a people we have primarily been defined and united by of values to our national identity is given little attention. On the our commitment to political principles. Unlike other countries that other hand, it is in times of internal economic, social and political define themselves in terms of their racial, ethnic, and religious or stress when divisions over values take on greater importance in our some other cultural factor, the basis of American’s national identity collective consciousness and is the subject of extensive debate in is political ideas, an American Creed, which was present at the academic and political circles. This begs the question what can be Founding, sustained us through internal and external conflicts and added to the dialog which might prove meaningful? The answer lies allowed us to evolve into an exceptional nation defined by principles in the value of a dialectic in which new and often better ideas emerge not ascription. Now many believe we are in midst of a harsh, divisive from different views of a given issue. This paper is written in hope political environment which threatens the sum and substance of who of contributing to the current dialectic surrounding the perils to the we are as a people. Observers of this peril to our identity have been American Creed.V

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Virginia Capitol Connections, Summer/Fall 2013 18 In Memoriam A Tribute to the Honorable H. Selwyn Smith By Bernie Henderson Senator Charles J. Colgan said H. Selwyn Smith “was truly one of overwhelmingly Democratic General Assembly. our community’s finest sons.” This takes on added meaning because I had the honor of working closely with Senator Smith when he Senator Colgan defeated Senator Smith in the 1975 Democratic was a member of a joint subcommittee to address the highly volatile primary and went on to take his seat in the Senate. Five years later, and unstable electric rates during the energy crisis of the 1970s. I was Senator Colgan nominated his former opponent for a Circuit Court the State Corporation Commission’s liaison to that body. It was no easy judgeship. Even though they had political differences, they shared or popular task for an elected official to be a voice of reason seeking an enormous mutual respect for one another and a close personal to craft workable, albeit unexciting, solutions to this extraordinarily friendship. complex situation, but Senator Smith assiduously labored to lower Few public servants have had the honor of serving in all three the volume and heat of public frustration and political grandstanding. branches of our commonwealth’s government, but H. Selwyn Smith He tenaciously worked with his colleagues on proposals to restore was proud to be one of them. He died on August 24, 2013, at the age and enhance confidence, accountability and stability in the ability of 91. of utilities to provide sufficient, reliable and economical service and H. Selwyn Smith served as a captain in the U. S. Army during for Virginia’s government to properly regulate and oversee those World War II, fought in the Battle of Bulge and was wounded while operations. The fact that Virginia weathered this crisis with virtually commanding Company K of the 26th Infantry Division. He was no damage to the viability of our electricity providers to serve the elected Commonwealth’s Attorney of Prince William County in 1960 public with proper government regulation is a testament to the and served in that office until 1968. In 1971, he was elected to the courageous statesmanship of Senator Smith and his colleagues, who Senate of Virginia, where he served until 1976. When the Office of steadfastly refused to compromise public responsibility for political Secretary of Public Safety was created in 1976, Governor Mills E. expediency. Godwin, Jr. appointed him as the first person to hold that office. In The quality of government does not solely depend upon the 1978, Governor John N. Dalton reappointed him to that position. He distinguished service of those few men and women who receive resigned from Governor Dalton’s cabinet on July 1, 1980, to accept some semblance of immortality by having things named in their the judgeship of the 31st Judicial Circuit of Virginia and served until memory; it depends much more upon those dedicated public servants he retired on June 30, 1993, but continued as a substitute Circuit who conscientiously and diligently work on tough challenges and do Court Judge for ten years. the right thing that will stand the test of time, giving no regard to The important thing about Judge Smith’s career in public office achieving fame, recognition or even appreciation. If things are named was not the number or the variety of positions of trust he held, but after H. Selwyn Smith, so much the better, but whether they are or the distinctively honorable manner in which he served. Even though not, Virginia benefitted greatly because of his public service: Captain; his career was focused on a time when partisanship was not so Mr. Commonwealth’s Attorney; Senator; Mr. Secretary; Your Honor polarized as it seems to be today, it was no simple feat to run so – are titles he received, but the title H. Selwyn Smith truly earned is often and to serve so long as a Democrat, then to serve in the Cabinet Statesman. of two Republican Governors and to be nominated for a Virginia Senator Colgan said it well, “I never met a finer man.”V judgeship by a Democratic Senator and elected to that position by an

Elvira Shaw, Virginia Capitol Advocate Elvira Beville Shaw, 93, of Colonial Heights, died Thursday, October 3, 2013. Public service epitomized her life and her many involvements included the Virginia United Methodist Conference serving on the Board of Church and Society, Virginia Federation of Women’s Club, Colonial Heights Women’s Club and Petersburg Women’s Club. She was the secretary for the Virginia Electoral Board for 25 years, the Colonial Heights Electoral Board since 1960, the Social Service Board for Colonial Heights and Chesterfield, the Criminal Justice Board, Chester Agency on Aging, Central Virginia Health Agency, Inc., the State Department of Volunteerism and the Department of Aging Board. She was a board member of the Richard Bland College Foundation and a citizen advocate for AARP and had been on its legislative committee since 1976. Elvira’s dedication to good government kept her actively involved at the Capitol. She was a colleague in the struggle for justice and when the 2014 Session convenes she shall be missed. SHAW Photo taken during the 2013 Session of the General Assembly by her friend, David Bailey.V

Virginia Capitol Connections, Summer/Fall 2013 19 The David Bailey Associates interns visit the United States Capitol By Direll Bodin, Ta’Mar Boyd and Shataya Gilstrap

Direll Bodin, Ta’Mar Boyd, Shataya Gilstrap and Congressman Bobby Scott.

On the afternoon of September 19, we, the three newest interns at After being dropped off we proceeded to the Rayburn Building. David Bailey Associates, met Mr. Bailey at the his office to prepare We walked in confident with our red bags through the security for what we had no idea would be a challenging but incredible day system, just to be stopped by the Capitol Police, who informed of bonding, team building, and networking. When we arrived we us that we could not distribute the publications in the building grabbed some breakfast at the office, where we introduced ourselves and that we had to take them to a building at 2nd street and D to one another. After breakfast we headed to the car to load the trunk street. After the first mishap with the Rayburn Building we were with copies of Elect No Strangers, a directory of Virginia candidates a little skeptical about going to the Longworth Building. Direll for public office, and 2013 Virginia Capitol Connections Redbook, suggested we try our luck with the next building and we found a directory of officials from the 2013 General Assembly session, ourselves sitting outside with phone numbers trying to call the that we would be taking to Washington, D.C. to distribute to the congressmen’s offices. After getting in touch with Congressman Virginia senators and congressmen. That evening in Washington we Scott’s secretary, she kindly agreed to come downstairs to get the were planning to attend an Intelligent Illuminations event in honor of pamphlets for the entire building. Glad to have one less bag we Congressman Robert C. “Bobby” Scott. We then got in the car and moved on to the Cannon Building. Before entering this building headed to I-95 to Washington. we decided to designate one member of our group to go inside. The two-hour car ride was an enjoyable experience. We laughed, Direll volunteered to go get the contact numbers for the legislators joked, and played road games and became more comfortable with each in that building. After retrieving the correct contact information other. As we approached Washington we had to make a swift decision he gave them to Shataya and Ta’Mar to make some phone on how we would be delivering the copies of Elect No Strangers. The calls. Luckily, Shataya reached Congressman Hurt’s secretary three of us had to decide if we wanted to stay together or separate and we went around the building to meet her. She informed us while passing out the copies of the publication. Eventually we made that she could only take the publications that were intended for the decision to work as a team. The task at hand seemed very easy, Congressman Hurt. almost a no-brainer. We felt that the two hours we had to deliver the Now left with two bags we headed to the building at 2nd Street publications would be more than enough time. Little did we know and D Street. When we arrived, we found ourselves surrounded that we were going to need every bit of the two hours we had allotted by houses. We asked each other, “What Now?” We decided to call that afternoon. Mr. Bailey gave us a list of the Virginia senators’ and Mr. Bailey and ask him what we should do. Mr. Bailey said that congressmen’s offices to distribute the publications to and he told us he was having a little trouble himself and he told us just to keep to report to the Grand Hyatt Hotel by the end of the two hours. looking for the building. We walked to the corner of 2nd Street and D Street where we saw two Capitol Police who told us to try our luck in the library that was across the street. We proceeded to the David L. Bailey library, went through the security system and we were finally told [email protected] that there was not anywhere in the Capitol for us to drop off the 804.643.5554 directories to be distributed. A little discouraged, we thanked the Cell 804.405.8108 officers for their help and left the library. We stood outside until we could flag down a cab and headed to the Grand Hyatt to attend the Bobby Scott event. www.dbava.com We had the opportunity to meet Congressman Scott and network with many important people, which was a great end to our long afternoon. We learned about Intelligent Illuminations and 1001 East Broad Street street lighting controls. We heard great music, ate good food, and Suite 215 Richmond, VA 23219 truly enjoyed ourselves. The trip to Washington gave us time to www.vccqm.org 804.643.5554 get to know one another and to work as a team.V

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Virginia Capitol Connections, Summer/Fall 2013 22 Another AccolAde for Bluefield college’s quAlity AcAdemic progrAms:

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Committed to academic freedom, excellence and accountability at America’s colleges, the ACTA works with alumni, donors, trustees and education leaders across the country to support liberal arts education and to uphold high academic standards.

“We are honored and delighted to receive this special recognition by ACTA for the exemplary general education core our students receive in preparing them for productive and meaningful lives. We are humbled in being recognized for find out more about the quality this extraordinary achievement.” academic programs at Bluefield College — President David Olive by visiting www.bluefield.edu. V IRGINIA

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