THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, August 23, 1995 TAG: 9508230444
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ALETA PAYNE, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 59 lines
The Virginia Court of Appeals has agreed to review the case of ousted School Board member Charles W. Vincent, who lost that elected post after being convicted of misdemeanor ethics violations in February.
Vincent's attorney, Andrew M. Sacks, said Tuesday that he would petition for an immediate ruling to have his client reinstated to his School Board seat until the appeal is decided.
``Although it doesn't mean the case is reversed, it is significant,'' said Sacks. ``We're one step closer to his possibly being reinstated.''
The precedent-setting case marked the first time in the city's history that an elected official was forced from office and the first time in the state that one has been prosecuted under that ethics code.
Commonwealth's Attorney Robert J. Humphreys said he was not surprised by the court's decision to hear the case because it is the first time this law has been tested. However, he was confident that the original verdict would stand.
``I'm very comfortable with the commonwealth's position,'' he said.
In February, Vincent lost his board seat after being convicted of nine counts of illegally soliciting contributions from architecture and engineering firms who were seeking contracts from the school district. Vincent, who sat on a board committee that reviewed building contracts, was raising money to pay back his campaign debt.
Sacks argued that such campaign solicitations were common in elections and did not break the law. A jury, however, convicted Vincent of all nine counts and fined him $1,800.
Circuit Court Judge Thomas S. Shadrick, over Sacks' objections, ordered Vincent to step down immediately from the School Board.
Vincent, who was elected in May 1994, appealed the conviction on several grounds, including that the prosecution failed to prove that he willfully broke the law.
Donald F. Bennis, who was appointed by the Circuit Court to replace Vincent on the School Board, could not be reached for comment Tuesday evening.
The scandal divided the community with some board members hesitant to take a stand on the situation while Vincent's critics waged a campaign to unseat him. At one point, local legislators refused to dine with the School Board if Vincent were present.
John T. Early, president of the watchdog group Kids First, said the group has continued to gather signatures for a recall campaign even though Vincent has been off the board.
``We definitely do not want him back on the board,'' Early said. ``We would fight every effort to have him put back on the board, and we would definitely exercise a full-court press to have him removed.'' MEMO: Staff writer Elizabeth Thiel contributed to this story.
ILLUSTRATION: Charles W. Vincent
by CNB