THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 22, 1994 TAG: 9410220273
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ELIZABETH THIEL, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 51 lines
Charles W. Vincent, the School Board member indicted earlier this month on charges that he violated a state ethics law, is scheduled to stand trial in Circuit Court on Jan. 11.
Attorneys will be allowed to present pre-trial motions Dec. 21. Vincent's attorney, Norfolk-based Andrew M. Sacks, said he plans to ask the judge to dismiss the case.
Vincent is accused of illegally soliciting campaign contributions from architecture and construction firms seeking school building contracts.
Vincent was one of two board members on a committee that screened the firms. He wrote a letter to businesses that appeared before the committee in August asking them to help him retire $4,600 in debt from his spring campaign. Vincent has since resigned from that committee. He remains on the School Board.
City Commonwealth's Attorney Robert Humphreys, whose office investigated the matter, said he believes Vincent's request for money violated ethics provisions of the Virginia Public Procurement Act. The act regulates how public officials, or businesses acting on behalf of public officials, purchase goods or services.
Under the law, public officials are prohibited from requesting or accepting gifts or money from businesses seeking public contracts.
But Sacks said he has serious questions about whether campaign fund raising is included among the law's banned activities. Also, Sacks said, the law stipulates criminal penalties only if someone willfully violates it.
``The reason for this is that the legislators had the sense to recognize that unless this was going to be a trap for the unwary, and a lot of innocent citizens were going to get caught, there would have to be criminal intent,'' Sacks said.
``There was certainly no criminal intent on the part of Dr. Vincent at all.
``We plan to raise questions about the clarity of this statute,'' he said. ``It certainly is not a model of clarity.''
Vincent faces up to nine years in jail and $22,500 in fines if convicted of all charges. If found guilty of any of the charges, he automatically loses his board seat.
In that event, state law requires the Circuit Court to set a date for a special election to fill the vacant seat.
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB