THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Friday, February 2, 1996               TAG: 9602020399
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY ALETA PAYNE, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Short :   43 lines

COURT UPHOLDS EX-BEACH OFFICIAL'S CONVICTION EX-SCHOOL BOARD MEMBER CONVICTED OF ETHICS VIOLATIONS.

The Virginia Court of Appeals has upheld the conviction of ousted School Board member Charles W. Vincent for ethics violations.

Vincent's lawyer, Andrew M. Sacks, said he will seek a rehearing of the case by the entire Court of Appeals. A three-judge panel of the court ruled unanimously Tuesday.

Vincent lost his School Board seat almost a year ago and was fined $1,800 after being convicted on nine counts of illegally soliciting contributions from architectural and engineering firms seeking contracts from the school district.

Vincent, who sat on a board committee that reviewed building contracts, was raising money to pay his campaign debt.

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.

Vincent had appealed the convictions on several grounds, including the prosecution's failure to prove that he willfully broke the law.

``I'm very pleased,'' said Commonwealth's Attorney Robert J. Humphreys of the decision. ``I certainly think it sends the right message that when you get in public office, it doesn't give you the right to line your pockets.''

Sacks said his most substantial argument remains - that Vincent did not willfully break the law. The court cites a School Board manual given Vincent that included bylaws, policies and division regulations as proof that he was aware of guidelines of ethical behavior.

``There was no evidence that he was aware of that (portion of the manual), that he read it, that he was required to read it,'' Sacks said. ``It's a guess and a guess does not support a conviction. If the full court rejects the case, Sacks said he'd appeal to the Supreme Court.

KEYWORDS: APPEAL ETHICS VIRGINIA BEACH SCHOOL BOARD by CNB