THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Thursday, January 19, 1995             TAG: 9501190391
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL 
SOURCE: BY ELIZABETH THIEL, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Medium:   82 lines

GROUP WANTS VINCENT REMOVED THE KIDS FIRST COMMITTEE SAYS HE SHOULD BE OFF SCHOOL BOARD WHILE HIS CASE IS REVIEWED.

Leaders of a political action committee plan to draft a petition calling for School Board member Charles W. Vincent, elected to the board in May, to be removed from his seat, the group announced Wednesday night.

Members of the Kids First committee, which includes some candidates who ran unsuccessfully in last spring's board elections, are angry that Vincent remains in office while a circuit judge decides whether to uphold his conviction on nine counts of violating state ethics codes.

``The future of our children is at stake,'' said Kids First Chairman John T. Early Jr. ``I think there's enough evidence of code violations, of incompetence, of misuse of the office to warrant his immediate removal from the School Board.''

Vincent's attorney, Andrew Sacks, said, ``We continue to feel strongly that no criminal offense was proven against Dr. Vincent.

``The court is currently examining this very question, having deferred accepting the jury's verdict. It is therefore unfortunate that some would choose to make an end-run around the legal system by turning this into a political witch hunt.''

Vincent is charged with criminal violations of the state's ethics code for soliciting campaign funds from businesses seeking school building contracts. On Jan. 11, a jury found him guilty, but the judge postponed a final verdict to consider a legal question. A ruling is scheduled for Feb. 22.

Early and other members of the Kids First committee also object to Vincent's use of the title ``doctor,'' based on a degree he received from a California college that authorities there said issued degrees illegally. Early also alleges that Vincent improperly used the Virginia state seal on a business card he distributed during the campaign.

Vincent has declined comment while his conviction is pending.

A petition for his removal would launch a complicated legal procedure that has been used only rarely in Virginia. Portsmouth Mayor James W. Holley III, voted out of his seat during a recall election in 1987 after allegations that he was involved in sending hate mail, was the only elected official in the state's modern history to be ousted from office.

Officials still are sorting through the law, but Virginia Beach apparently does not have the kind of provision Portsmouth has for recall elections. If that is the case, residents wishing to remove an elected official must petition Circuit Court to do so, said Michael G. Brown, state Board of Elections secretary.

Brown said petitioners would have to get enough registered voters' signatures to equal 10 percent of the votes cast for Vincent's seat, one of two at-large spots up for election last May.

Petitioners also would have to prove that Vincent neglected his duty, misused his office or was incompetent in the performance of his duties, and that such failure had an adverse effect upon the conduct of his office.

If the Circuit Court ruled that Vincent should lose his seat, Brown said, City Council would be required to ask the court to set a date for a special election. The court could appoint someone to fill the seat in the interim.

There are no estimates on how long the whole process would take.

Early said that once the Kids First petition is drafted, the committee will hold off temporarily on gathering signatures, to give the School Board another chance to vote to ask Vincent to resign.

A motion to request Vincent to step down ended in a deadlocked vote Tuesday night. The board cannot force Vincent from his seat. But Early said the board's refusal to take a stand showed a lack of leadership, and he is calling for another vote.

``It's a total lack of leadership from the top,'' he said.

Board Vice Chairwoman June T. Kernutt said she believed board members had the right to disagree over whether they should speak publicly against Vincent. Kernutt voted in favor of asking Vincent to resign until his court battle is over.

``I think everybody voted the way they felt that they should at the time,'' she said. ``I don't know that the vote would be any different now.'' ILLUSTRATION: Photos

Charles W. Vincent

John T. Early Jr.

KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB