THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Monday, April 29, 1996 TAG: 9604270052
SECTION: DAILY BREAK PAGE: E1 EDITION: FINAL
TYPE: Column
SOURCE: Larry Maddry
LENGTH: Medium: 94 lines
AN INTERESTING LEGAL card game is being played out for the public between Virginia Beach School Board Member Tim Jackson and Commonwealth Attorney Robert J. Humphreys.
All the chips aren't on the table yet. But when we tuned in last week it seemed Humphreys had a bad hand and was bluffing.
Jackson, you recall, was one of the seven School Board members who were warned to resign or face criminal prosecution. The warning came from a Humphreys-directed special grand jury back in February.
The special grand jury's report looked at last year's $12 million deficit and laid much of the blame on what was deemed reckless and incompetent financial conduct by former superintendent Sidney L. Faucette and chief financial officer Mordecai L. Smith.
But the report also went after elected School Board members in language that seemed to many both unnecessary and excessive. Jackson and others were described as ``unfit,'' guilty of ``malfeasance,'' and - incredibly - ``poor role models for children.''
I remember getting chills when I read that report because I have served on a few boards in my time, although never a School Board. Just charitable boards. And I recall how my eyes glassed over and my stomach churned whenever the treasurer's report was presented.
I rarely understood a word the treasurer was saying. When I looked at the rows of figures on mimeographed sheets I got dizzy. Faking it, I doodled with a pen on the sheet margins, frowning slightly, hoping to give the impression of knowledgeable concern.
In time I talked to others on the board about my stupidity in financial matters. ``Didn't understand half of what the treasurer said myself,'' many conceded. I was told not to worry: If all the board members were auditors we'd get nowhere.
We all trusted the treasurer and the executive director. Maybe too much - but we didn't run up deficits.
Granted, we were dealing with thousands rather than millions of dollars. But I don't think the interests of children are served by limiting School Boards to lawyers, accountants or administrative consultants either.
I suspect that in the case of the School Board, members trusted the professionals: Faucette and Smith. Apparently too much.
But I haven't seen all the evidence. It may be that board member Tim Jackson - a staff member of Rock Church in Virginia Beach - is guilty of malfeasance. But he denies it. And he has stoutly refused to resign from the School Board, even though poker-faced Commonwealth Attorney Humphreys has attempted to drive him out by raising the ante.
Last week, Humphreys blew some smoke across the table and threatened to charge Jackson and board member Ferdinand V. Tolentino with conflict-of-interest violations.
Humphreys holds the view that Jackson and Tolentino were guilty of criminal conduct in voting - with six other School Board members - to have the school district pay their legal fees up to $25,000.
In so doing he brushes aside a section of the Criminal Code of Virginia that says - ``notwithstanding any other provision of law'' - a School Board may hire legal counsel to represent it, or any member, in criminal or civil matters arising from their School Board duties.
Humphreys says Jackson and Tolentino violated conflict-of-interest rules by voting to have the board funds used for their legal defense. He cites a section of the code dealing with board member who fail to disclose their interest in business or property transactions.
He wanted the pair, I suppose, to disclose something like this:
``We want the board to know before it votes on whether to pay our legal expenses that they will be voting to pay for our legal expenses.'' Huh?
The commonwealth's attorney says ``basically they're voting to put money in their pockets.'' Wrong. Jackson and Tolentino were voting to put money in the pockets of their lawyers.
Humphreys sweeps aside the more compelling section of the code dealing with the right of School Board members to hire lawyers at public expense - although it is difficult to imagine anyone running for a School Board without it.
Following his logic, if an entire School Board were sued, the board couldn't vote funds for its defense. Nonsense.
Last week Jackson's lawyer, Moody E. ``Sonny'' Stallings, said the school system will not have to pay any of Jackson's legal fees if he is found guilty of a malfeasance charge.
Stallings challenged Humphreys to provide similar reimbursement for any expenses he incurs prosecuting Jackson - if the School Board member is not convicted.
My, my. That's quite a legal card game we've got there. The commonwealth's attorney may yet prove to have a winning hand in court. But that conflict-of-interest card was a joker that should never have been played. ILLUSTRATION: FILE PHOTO
Commonwealth's Attorney Robert J. Humphreys:
raising the ante
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB