THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, February 3, 1995 TAG: 9502030267
SECTION: VIRGINIA BEACH BEACON PAGE: 12 EDITION: FINAL
TYPE: Cover Story
SOURCE: BY ELIZABETH THIEL, STAFF WRITER
LENGTH: Long : 265 lines
THE RESIGNATION of School Board Chairman James R. Darden did more than send shock waves through a board already rocked by controversies and the legal troubles of another of its members.
Darden's departure on Monday, to help a sick daughter care for his three grandchildren, set in motion a complex legal process never before used in Virginia.
Darden, elected during the state's first School Board ballots last May, will be replaced temporarily by someone appointed by the 10 judges of the Second Judicial Circuit, which includes nine judges from Virginia Beach and one from the Eastern Shore.
The appointment could give a leg up to the person named if he or she decided to run for the seat in May 1996, when a special election for the post would be scheduled under state law.
It also will set a precedent for how the judges make future appointments when elected School Board members vacate their seats. By June 1996, all 11 members of the board will be elected.
``They're faced with a tough, tough decision because what they do now may impact what they do in a future situation,'' said Board Chairwoman June T. Kernutt, who was vice chairwoman but took over Darden's leadership spot this week.
The experience of appointing someone to fill Darden's seat could be useful to the judges soon. A circuit judge will rule Feb. 22 on whether to let a guilty verdict stand for School Board member Charles W. Vincent, who was convicted by a jury on nine counts of ethics violations.
Under state law, a guilty verdict would require Vincent to vacate his seat, although attorneys are arguing whether he would have to vacate immediately or could remain on the board during appeals.
Board members have asked the judges to move swiftly to appoint someone to fill Darden's empty seat.
Jerome B. Friedman, chief judge of the circuit court, said the judges will act ``as soon as we possibly can.
``Without ever having done this before, we'll have to decide as a body how to proceed,'' he said.
Although it may seem unusual that state law would vest the court with the power to appoint School Board members, it is not unprecedented for judges to choose people for public service.
Circuit judges routinely make appointments to a variety of offices and boards, including the local Board of Elections and the city's Board of Zoning Appeals, a panel that rules on residents' complaints or requests to bend city zoning ordinances.
Friedman, who has presided over the Circuit Court since 1991, said he did not have experience appointing members to those boards, so he did not know the process the judges used.
Charles Salle, vice chairman of the Board of Zoning Appeals, said the process for appointments to that board is somewhat informal. Judges learn through friends or acquaintances or city officials the names of people who would be qualified and interested in serving.
Judges may call candidates to ask their permission to be nominated. Then the judges vote.
Appointments to the School Board could be more contentious. In last May's election, 24 people vied for six open slots after a heated five-month race. Past City Council appointments normally were surrounded by controversy.
At least one political action committee, Kids First, a conservative group whose candidates were defeated in May's elections, is viewing the opening as an opportunity.
Kids First Chairman John Early said his group would put forward a candidate for the judges to consider - Edward G. Kreyling, a retired railroad executive and a former board member who lost during last May's elections.
But Early said he did not want the appointment to take on the tones of the bitter battle waged during last spring's campaign between Kids First and a group of candidates backed by the city teachers' association.
``I don't think it should be a political sideshow or anything,'' he said. ``It really has to be deliberate. And, hopefully, they'll take written materials and know these people . . . before deciding anything.''
Vickie J. Hendley, president of the Virginia Beach teachers association, expressed the same sentiment about keeping politics out of the appointment.
But Hendley and Early differed somewhat on the qualifications they believed the judges should consider. Early said the person appointed should be someone who ran in last spring's campaign, with proven dedication and desire to be on the board. Hendley said it should be someone who did not run for election and does not plan to run in the future, so he or she could concentrate on helping the board through a transition.
Friedman said he did not know how the judges would identify candidates or make their selection.
``When we meet . . . we will certainly discuss how we will go about making this interim appointment.''
Board Chairwoman Kernutt said she just hopes they'll choose carefully.
``Of course, my preference would be that it would be someone with enough time to devote to the board because it requires many hours of work; someone who is truly concerned about children and their needs.''
Former School Board Chairman Samuel W. Meekins Jr., a vocal opponent of elected school boards who declined to run in last May's elections, said, ``There's a lot of potentially good board members out there. I don't know how you go about finding out who they are. . . . I don't think it's going to be very easy.
``If it were me doing it, probably I would call upon the mayor and the City Council, to garner some experience as to how they did it. Because it's not ancient history now, and you don't want to reinvent the wheel. But you have to be careful about it'' to avoid the appearance of cronyism, a charge often raised about City Council appointments.
Friedman said he did not expect politics to enter into the discussions.
``We're not involved in politics. Judges are not allowed to be. We'll follow the law.'' MEMO: RESIGNATION LETTER OF SCHOOL BOARD CHAIRMAN
Dear School Board Member:
It has been my honor and pleasure to serve the children, parents, and
citizens of our city as School Board chairman. It has also been a
pleasure working with you for the past 13 months. Together, we have made
decisions that demonstrate our commitment to the students and families
of Virginia Beach. I thank you for your confidence in me.
I promised you that I would give 100 percent to my responsibilities
as School Board chairman and as a member of this Board, and I have done
that. Recently, my family obligations have required my undivided
attention. I cannot meet those obligations without compromising my
commitment to both. It is with the deepest regret that I inform you of
my decision to resign, effective January 30, 1995, as School Board
chairman and as a member of the Virginia Beach City Public School
Board.
I thank the Mayor, Vice Mayor, City Council members, and other
political office holders who have given their support to me as School
Board chairman. I thank the Superintendent, PTA representatives,
administrators, teachers, and members of our support staff for their
dedication to improving the services our schools provide. I also thank
the citizens of Virginia Beach for their increased participation in
school initiatives. I especially thank the citizens of the Lynnhaven
Borough who elected me, and those very special people in this city who
have helped me throughout my career. Their confidence in me has been one
of the greatest rewards of my tenure as a School Board Member.
I know there is never a good time for a public official to resign his
position. However, if public servants do not put their families first,
where would our city be? Now is one of those times when I must put my
family first. Due to my daughter's ongoing illness and the needs of my
three grandchildren, I will be spending a great deal of time in North
Carolina.
I am proud to be a citizen of our great city, and you can be assured
that I will continue to support the goals that the Board and the
Superintendent have set for our schools. I ask each and every one of you
to continue your commitment to make this school system the best it can
be.
REPLACING A MEMBER
THE PROCESS
State law for filling vacant spots on the School Board differs
depending on whether the seat was appointed by the City Council or
elected by voters:
Appointed: City Council fills the spot for the remainder of the term
of the person who vacated. When the term is up, Council then makes a new
appointment.
Elected: Circuit Court judges choose, by majority vote, a person to
fill the spot until a special election can be held. State law does not
specify how the judges must make their choice, other than requiring that
the replacement be a qualified voter from the same voting district as
the person who vacated the seat. In the case of resigned chairman James
R. Darden's, for example, the replacement board member must be a
qualified voter from the Lynnhaven Borough.
State law requires the City Council to petition the court to set a
date for a special election, which must be held at the same time as
another general election, in this case May 1996.
WHO DECIDES
These 10 judges of the second judicial circuit, which includes nine
judges in Virginia Beach and one judge from the Eastern Shore, will
appoint School Board members to fill vacant seats until the next
scheduled election:
Jerome B. Friedman, chief judge
Robert B. Cromwell Jr.
Edward W. Hanson Jr.
Frederick B. Lowe
John K. Moore
Alan E. Rosenblatt
Thomas S. Shadrick
A. Bonwill Shockley
Glen A. Tyler (Eastern Shore)
Kenneth N. Whitehurst Jr.
ILLUSTRATION: [Cover]
WHO WILL FILL THIS SEAT?
James R. Darden
THE VIRGINIA BEACH SCHOOL BOARD
When the city's first School Board elections were held last May,
six of the board's 11 seats went on the ballot. The other five will
go up for election in May 1996. Here's how the board now breaks down
between elected members and those still under appointment by City
Council:
APPOINTED
Susan L. Creamer
Blackwater Borough
Appointed Dec. 1990
Reappointed Dec. 1993
Term up June 1996
APPOINTED
D. Linn Felt
Virginia Beach Borough
Appointed Dec. 1992
Term up June 1996
APPOINTED
Robert W. Hall
Princess Anne Borough
Appointed Dec. 1986
Reappointed Dec. 1989
Reappointed Dec. 1992
Term up June 1996
APPOINTED
Joseph D. Taylor
At large
Appointed Dec. 1993
Term up June 1996
APPOINTED
Ferdinand V. Tolentino
At large
Appointed Dec. 1993
Term up June 1996
ELECTED
James R. Darden
Lynnhaven Borough
Appointed Dec. 1993
Elected May 1994
Resigned Monday
ELECTED
June T. Kernutt
(replacing Darden as chairman)
Pungo Borough
Appointed Dec. 1991
Elected May 1994
Term up June 1998
ELECTED
Elsie M. Barnes
Bayside Borough
Elected May 1994
Term up June 1998
ELECTED
Tim Jackson
Kempsville Borough
Elected May 1994
Term up June 1998
ELECTED
Ulysses V. Spiva
At large
Elected May 1994
Term up June 1998
ELECTED
Charles W. Vincent
At large
Elected May 1994
Term up June 1998
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB