The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Thursday, March 7, 1996                TAG: 9603070428
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY ALETA PAYNE, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Medium:   65 lines

BEACH BOARD TO PAY LEGAL FEES OF MEMBERS

The School Board has voted unanimously to help pay the legal fees that its members may incur as a result of the special grand jury report.

Both board bylaws and state code provide for assisting board members with legal costs related to the performance of their duties, school officials said.

``Of course we're concerned about (additional) legal fees,'' said board chairwoman June T. Kernutt. ``But I think it was the feeling of the board that when a board member as a result of their serving incurs such fees, it is our responsibility to help pay those.''

So far, only Tim Jackson has said that he will not resign from the board. The special grand jury had suggested prosecution on malfeasance charges for seven of the board members and the budget development director if they did not resign. Five board members have announced their resignations since the grand jury released its report last week. Ferdinand V. Tolentino has not made his decision public.

``It is my hope that I don't have to use a single dime'' (of the division's money), Jackson said.

Previously, the board voted to deny former Superintendent Sidney L. Faucette's request to have the division pay his attorney's fees associated with testifying before the grand jury. Board members said his appearance did not require legal representation. They said the matter could be reconsidered if Faucette was indicted.

Faucette resigned from his job in Gwinnett County, Ga., last week in the wake of the grand jury's report.

Commonwealth's Attorney Robert J. Humphreys said he will pursue charges as suggested by the special grand jury even if school money goes toward the defense.

``I regret it's going to cost us all more to do it, but I'm not going to change my mind based on that,'' he said.

The board's decision came as an incipient backlash to the report's strongly worded criticism of its members is being felt in portions of the school district.

While the School Board should have paid closer attention to the district's finances and to Faucette's actions, there is sympathy for them as good people who were misled, said one administrator who asked not to be identified.

``Its sort of sweet and sour,'' the administrator said.

Vickie J. Hendley, president of the Virginia Beach Education Association, said she has been taking calls from staff and community members surprised by the nature of some of the jury's comments.

``I don't know if all the deficits and financial problems have been as devastating to the community as the grand jury report was,'' she said.

Humphreys, however, said he has been approached by teachers from several schools who have congratulated him on the report's contents. He said the document's tone was necessary to convey its message and that it has served as a ``clarion call'' on responsibility.

``This was a two-by-four against the head of the mule to get their attention,'' he said. ILLUSTRATION: Tim Jackson has said that he will not resign from the School

Board, despite a grand jury's report.

KEYWORDS: VIRGINIA BEACH SCHOOL BOARD LEGAL FEES by CNB