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

DATE: Wednesday, March 13, 1996              TAG: 9603130558
SECTION: LOCAL                    PAGE: B5   EDITION: FINAL 
SOURCE: BY KAREN WEINTRAUB, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Short :   43 lines

BEACH URGES SCHOOL BOARD TO AVOID FEES

The City Council asked the School Board Tuesday to ``immediately reconsider'' its decision to pay legal fees for two board members who don't want to resign.

A special grand jury recommended last month that seven board members step down or face prosecution for malfeasance in office. The jury said the board had not exercised enough control over the school administration, which mismanaged public funds.

In the week after the jury issued its report, five of the seven board members announced they would resign, but Tim Jackson and Ferdinand V. Tolentino said they would rather fight the accusations.

Last week, the School Board - including the five members who announced their resignations but have not yet stepped down - voted unanimously to pay the two men's legal fees if they are charged with malfeasance.

State law allows for school boards to pay legal fees for employees or officers in cases arising from the performance of their duties.

``Of course we're concerned about (additional) legal fees,'' board chairwoman June T. Kernutt, who will step down in May, said at the time. ``But I think it was the feeling of the board that when a board member as a result of their serving incurs such fees, it is our responsibility to help pay those.''

Several board members have complained that the jury's report was unfairly critical and ignored the fact that top school administrators misled the board when questioned directly about potential financial problems.

The council's resolution, which passed by an 8-0 vote Tuesday, called the decision to pay the legal fees ``a questionable and unnecessary expenditure of taxpayers' dollars which would otherwise be available for the education of our children.''

The council has no authority to prohibit the expenditure.

KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB