THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Wednesday, December 21, 1994           TAG: 9412210255
SECTION: LOCAL                    PAGE: B5   EDITION: FINAL 
SOURCE: BY ELIZABETH THIEL, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Short :   42 lines

SCHOOL BOARD MEMBER TO ASK FOR DISMISSAL OF CHARGES TODAY VA. BEACH'S VINCENT IS ACCUSED OF ETHICS VIOLATIONS BY SEEKING ELECTION DONATIONS.

Charles W. Vincent, a School Board member who was indicted in October on nine counts of ethics violations, will petition a Circuit Court judge today to dismiss the charges against him.

Vincent is scheduled to stand trial Jan. 11 in Circuit Court for soliciting campaign contributions from architecture and construction firms seeking school building contracts.

The indictments charge that Vincent's request for money violated ethics provisions of the Virginia Public Procurement Act. The act regulates how public officials, or businesses acting on their behalf, buy goods or services.

Under the law, public officials are prohibited from requesting or accepting gifts or money from businesses seeking public contracts.

Vincent faces up to nine years in jail and $22,500 in fines if convicted of all charges. If found guilty of any of the charges, he automatically will lose his board seat.

But a motion to dismiss the case, filed by Vincent's attorney, Andrew Sacks, asserts that campaign fund-raising is not included among banned activities under state law. The motion also questions whether the law is so vague that it should be ruled unconstitutional.

Another motion asks that the charges against Vincent be dismissed because the indictments did not specify that Vincent willfully violated the law. For there to be criminal penalties, Sacks said, the prosecution must prove that Vincent willfully broke the law. ILLUSTRATION: Photo

Charles Vincent faces 9 counts and a Jan. 11 trial.

by CNB