The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Thursday, September 7, 1995            TAG: 9509070442
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY BETTY MITCHELL GRAY, STAFF WRITER 
DATELINE: RALEIGH                            LENGTH: Medium:   79 lines

HOUSE ETHICS PANEL TO INVESTIGATE MILLER TEEN PAGE CHARGES IMPROPER ACTIONS CAME FROM THE LEGISLATOR.

An ethics panel will investigate whether Rep. Ken J. Miller made improper sexual advances toward a Johnston County teenager. The members agreed on Wednesday that there is enough evidence to proceed.

The House Ethics Committee voted 14-1 to investigate the complaint made by a 16-year-old female page serving in the state House of Representatives after she agreed to appear at a closed meeting of the committee.

A subcommittee will recommend the rules under which the investigation will be conducted and will recommend whether the girl should be allowed to testify during a closed meeting.

Miller, an Alamance County Republican appeared before the ethics committee, denied the allegation and asked the panel to drop its inquiry.

Miller said ``the absence of proof, the absence of evidence, the absence of a formal charge - because of all of these absences, I would ask that you find there are no grounds and finish today and clear my name.''

But the committee accepted a letter addressed to Rep. Julia C. Howard, a Davie County Republican, from the girl's parents, that said Miller ``destroyed the innocence'' of their daughter. The letter said he took the girl's hand and wouldn't release it and licked her arm ``in a grotesque manner of assault'' in his legislative office in late July in the waning days of the General Assembly session.

In another letter, presented to the committee by Rep. Billy J. Creech, a Johnston County Republican, the girl's parents said she would be willing to testify before the committee if it agrees to hear that testimony in a meeting closed to the press.

Wednesday's ethics committee meeting was prompted by a request from Creech, the page's sponsor, who asked the committee to investigate the report.

``Be assured I take no pleasure in this. It was not a decision easily made,'' Creech told the committee. ``The integrity of the institution is at stake and Mr. Miller.''

Miller, 32, a native of upstate New York, was elected in November to his first term in the state House, defeating Democratic incumbent Rep. Bertha ``B'' Holt.

Shortly before the 1995 session began, Miller raised eyebrows in the legislative building when he wrote a letter to lobbyists asking for $500-a-person contributions to pay for a facsimile machine and computer in his office so he could write a newsletter for his constituents.

Miller, who served on an appropriations subcommittee on environmental and economic resources, was also labeled by fellow lawmakers and some environmental officials as abrasive in his effort to cut state spending.

In early committee discussions, Miller recommended eliminating the Division of Marine Fisheries and supported efforts to disband state environmental education offices.

After the allegations surfaced about his advances towards the page, Miller missed the last 10 days of the session, saying a funeral and family business in New York kept him away.

While Miller was out of town, several women working at the General Assembly said Miller also made advances toward them.

Miller appeared before the committee in a conservative dark suit, missing the array of a dozen or more lapel pins which he routinely wore during the session.

Before the meeting began, Miller remained at the back of the room with his wife and lawyer while the committee members kept their distance, standing together along the side of the room.

Action against Miller, if any is taken, will have to come from the House of Representatives.

After its investigation, the ethics committee will report its findings to the House of Representatives and can only recommend action against Miller that could range from a reprimand to expulsion from the law-making body.

In an interview after the committee meeting, Miller and his lawyer, William Lopp, said they would oppose any effort by the panel to hear testimony from the page in a closed-door session and said the meeting violated Miller's rights to due process.

``The committee process is inherently dangerous,'' Miller said. ``They don't have anything. They didn't produce anything.'' by CNB