THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, January 22, 1997 TAG: 9701220430
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: BY LAURA LAFAY, STAFF WRITER
DATELINE: RICHMOND LENGTH: 66 lines
Democrats said Tuesday they may refuse to confirm Gov. George F. Allen's appointment of L. Thomas Hopkins as director of the Department of Environmental Quality in the wake of Hopkins' ``insufficient'' response to a report critical of his agency's performance.
``I think there is a serious question of performance,'' said Kenneth L. Plum, D-Fairfax, who chairs the subcommittee on natural resources and the House Nominations and Confirmations Committee.
Hopkins, whom Allen appointed in May to head the agency, must be confirmed by the General Assembly by Feb. 6.
Plum's remarks came after a three-hour hearing before the House subcommittee Tuesday. The all-Democrat panel had summoned Hopkins and some of his top aides to respond to a state watchdog agency's report that DEQ is badly mismanaged and that enforcement of state environmental laws has fallen to an historic low.
Members of the subcommittee listened to presentations by Hopkins and his aides, T. March Bell, Harry H. Kelso and Harry E. Gregori and grilled them on a range of subjects - from the agency's enforcement techniques to a purloined memo leaked to the legislators early this month.
The experience, the lawmakers said afterward, was not illuminating.
``It was amazing,'' said Galax Del. Thomas M. Jackson. ``I mean, what are they doing over there? Their presentation was as disorganized and disoriented as I perceive their agency to be.''
The session began with a speech by Hopkins, in which he complained that the report, issued in December by the Joint Legislative Audit and Review Commission, ``simply did not address the accomplishments and the highlights of the people of DEQ.''
Among the accomplishments JLARC failed to note, said Hopkins, were the agency's ``national award-winning wastewater training program,'' ``the construction loan program'' and the ``underground storage tank program.''
As the hearing wore on, legislators became impatient with Hopkins. Exchanges grew testy. At once point, Roanoke Democrat Clifton A. ``Chip'' Woodrum accused DEQ Enforcement Director Kelso of threatening to target businesses in his district in retaliation for Woodrum's criticism.
``I think, Mr. Kelso, that you are getting a little threatening,'' said Woodrum. ``But it doesn't scare me worth a toot. Try to answer the question.''
On the subject of the leaked memo, which was addressed to Hopkins, DEQ deputy director T. March Bell and a spokeswoman for the governor, Hopkins said he never saw it until after it appeared ``in the media.''
The memo, written by DEQ external director Michael McKenna, recommended a 30-day strategy of criticism, press leaks and harassment to discredit JLARC. McKenna resigned after it was publicized.
DEQ characterized the document as a ``rogue memo'' that was never taken seriously. Asked Tuesday about editorial changes marked on the text, Hopkins said: ``It could have been Mr. McKenna's markings. I don't know.''
Minutes later, however, Hopkins aide Kelso admitted that ``some'' of the marks were his. However, he said, he disregarded the document because he believed it was ``stupid'' and ``repugnant.''
In the end, the subcommittee asked the officials to come up with a written response addressing JLARC's findings point by point.
``I feel like I'm in the middle of a bad movie,'' said Norfolk Delegate William P. Robinson Jr.
``I've got one report that is critical of a key agency and I've got a piecemeal response. It seems to me that in order for this to make any sense, we need to get an entire response. . . . If there's a valid response, then for God's sake we ought to get it so we can read it.''
KEYWORDS: GENERAL ASSEMBLY