THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, January 18, 1995 TAG: 9501180457
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ELIZABETH THIEL, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 114 lines
School Board members Tuesday night broke a three-month silence they maintained while colleague Charles W. Vincent was indicted in November and tried last week on charges that he violated state ethics codes.
One member called for the board to ask Vincent, elected in May, to step down until his fate is decided in court, but the board deadlocked on the vote, with six members abstaining.
Circuit Judge Thomas S. Shadrick on Jan. 11 postponed a guilty verdict handed down by a seven-member jury. The judge said he wanted to have time to rule on a legal question in the case.
The ruling is scheduled for Feb. 22.
If Vincent's conviction is upheld, state law would require him to vacate his seat, although there is some question about whether he could stay on the board during appeals.
In making the motion that Vincent be asked to step aside while the verdict is pending, board member Joseph Taylor said: ``Meanwhile, Mr. Vincent plans to continue participating fully as a board member in meetings, School Board trips and other invitations extended to all board members. I am personally opposed to this and feel an obligation to my constituents to speak out against Mr. Vincent's intention to continue participating as a board member under these circumstances.''
Taylor was Vincent's colleague last summer on a committee that reviewed architecture and engineering firms seeking school building contracts. Vincent solicited campaign contributions from some of the firms the committee recommended for jobs. Vincent has since resigned from the committee.
Taylor said he spoke publicly because ``there's just so much tension on this board.''
Only one board member, Vice Chairwoman June T. Kernutt, supported Taylor in asking for Vincent to step down. Vincent and Ulysses Van Spiva voted against the motion. Chairman James R. Darden was absent.
``In no way does my abstention indicate that I condone the activities'' of Vincent, said board member Elsie M. Barnes.
Barnes said she did not believe it was proper for board members to censure their colleagues, particularly when they were popularly elected.
``In this instance, if the public is not satisfied with the outcome of the case, the public has the option of moving for a recall,'' she said.
Spiva, who walked out of a closed-door session on the issue just before the public debate, said, ``I am totally opposed to this board having any such discussion.
``It tends to - and please note my word here - it tends to give the impression of a lynch mob.''
Vickie J. Hendley, president of the Virginia Beach Teachers Association, which endorsed Vincent during last spring's School Board elections, said she agreed that the justice system should be allowed to run its course.
``Until that time, I think you have to withhold your opinions,'' she said.
Vincent declined to comment on his fellow board members' discussion.
But his attorney, Andrew Sacks, said it would be premature for Vincent to step down.
``There's no final disposition of the case,'' he said. ``I think it would be unfair to force Charles Vincent to step down before the legal process is concluded.'' ILLUSTRATION: Graphic
TAYLOR'S MOTION
This is the full text of the motion by Joseph Taylor of the
Virginia Beach School Board:
Throughout the lengthy investigation, board members have been very
respectful not to make any public comments or express opinions
about the charges brought against Mr. Vincent. It has not been our
place to interfere or to make a prejudgment.
Now a jury of his peers has found Mr. Vincent guilty of all counts,
but a final verdict will not be rendered by the judge for another
month. Meanwhile, Mr. Vincent plans to continue participating fully
as a board member in meetings, school board trips, and other
invitations extended to all board members.
I am personally opposed to this and feel an obligation to my
constituents to speak out against Mr. Vincent's intention to
continue participating as a board member under these circumstances.
With a conviction pending, I see it as very wrong that Mr. Vincent
will continue to:
1) Vote on issues that affect our schoolchildren, school employees,
and citizens of our city.
2) Spend school board money to participate fully in VSBA (Virginia
School Boards Association) and NSBA (National School Boards
Association) trips and functions.
3) Visit on our behalf with legislators and other key people in
Richmond concerning important issues that affect our school system.
If I were Mr. Vincent, I would feel obligated to step aside as a
board member, in light of the jury's decision, until this matter is
finally resolved.
I cannot speak for all the citizens of this great city, but I have
a hunch that they would appreciate and expect Mr. Vincent to step
aside as well.
Consequently, I move that the board request Mr. Vincent to
temporarily step aside as a board member until his criminal case is
finally resolved.
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB