THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, April 20, 1996 TAG: 9604200341
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ALETA PAYNE, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 97 lines
Commonwealth's Attorney Robert J. Humphreys is investigating new charges involving School Board members Tim Jackson and Ferdinand V. Tolentino that, if proved in court, could land them in jail.
Jackson's attorney, Moody E. ``Sonny'' Stallings, said Humphreys was pressuring the School Board member to resign to avoid the new charges, which carry a punishment of up to a year in jail.
``I don't consider it an offer,'' Stallings said. ``I consider it a threat.''
Jackson said he would take the weekend to think over his options.
``I guess I have to evaluate things,'' he said. ``I found out (Thursday) that my wife is having my third child. I'm thinking about that more than Mr. Humphreys.''
On Tuesday, new School Board member Roger L. ``Buddy'' Riggs had questioned the legality of Jackson and Tolentino voting on a resolution in March to have the school division pay up to $25,000 of each member's legal fees resulting from a special grand jury investigation into the division's finances.
The grand jury report called for most of the School Board members to resign or face misdemeanor malfeasance charges. Although all denied malfeasance, five board members did resign. Jackson and Tolentino said they would stay on to clear their names. Both were indicted by a regular grand jury this month.
Humphreys has criticized the board's decision to pay the fees, saying taxpayers should not have to pick up that cost. The City Council approved a resolution calling on the board to reconsider the vote. Riggs was appointed by the council to temporarily fill the Beach borough seat left vacant by the resignation of D. Linn Felt, prompting some to question whether the council was acting through Riggs to get thelegal-fees vote reversed. Riggs said that was not the case.
``No one has put me up to this, no one at all,'' he said.
Until he saw minutes of the meeting when the vote took place, Riggs said, he wasn't even certain there had been a conflict of interest.
By state law and board bylaw, the legal fees of board members may be paid by the division if the members are involved in litigation related to their official duties. It is unclear whether Jackson and Tolentino violated conflict-of-interest laws by voting on the matter.
``There may or may not be something there,'' Humphreys said. ``It's becoming increasingly obvious that Mr. Jackson and Mr. Tolentino voted to provide contracts paying their attorneys $25,000, and if that isn't personal enrichment I don't know what is.''
He said he was prepared to carry out the grand jury's intent, which was that no charges would be pressed if the members resigned.
``My goal is to bring this whole thing to closure,'' he said. ``I consider this whole thing to be a festering sore.''
James O. Broccoletti, the attorney representing Tolentino, declined to comment on the possibility of new charges. Tolentino could not be reached for comment.
Stallings said Humphreys told him Thursday that new charges were likely unless Jackson resigned, in which case ``all charges would go away.''
The original malfeasance charge carries a maximum fine of $250 and no jail time. Although conflict of interest is also a misdemeanor, it can result in up to a year in jail and a $2,500 fine.
``Quite frankly, this has upset Mr. Jackson quite a bit,'' Stallings said. The possibility of jail time ``changes the ball game.''
Stallings said Humphreys wants to end the case before trial.
``It is a political nightmare for him,'' Stallings said. ``This is a long trial, it's an expensive trial. And quite frankly, I don't think he will convict Tim Jackson of what he is charged. And if he loses this trial, Bob Humphreys is going to look pretty bad.''
Humphreys said the public and school system's interests - not politics - motivated him.
``Except for the lawyers who are being paid with taxpayers' money, nobody is being helped by this situation,'' Humphreys said. ``His client can have his day in court. I'm prepared to give it to him. It's just a shame no one gives a damn about the kids.''
Stallings said an announcement would be made Monday afternoon about his client's plans.
Humphreys endorsed Jackson when he ran for School Board two years ago and contributed money to his campaign.
``Obviously he's let me down as well as others in this community,'' Humphreys said. He described Jackson as a good person who must bear his share of responsibility, along with six other board members, for what happened to the district's finances. ILLUSTRATION: [Color Photos]
SHOULD TIM JACKSON AND FERDINAND TOLENTINO HAVE VOTED TO HAVE THEIR
OWN LEGAL FEES PAID BY THE SCHOOLS? THE BEACH PROSECUTOR IS
INVESTIGATING.
SCHOOL BOARD MEMBERS' RESPONSE TO THE NEW ISSUE
TIM JACKSON
FERDINAND V. TOLENTINO
[For graphic, see microfilm for this date.]
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB