THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, April 23, 1996 TAG: 9604230347
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ALETA PAYNE, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 91 lines
Declaring his intentions to have his day in court, School Board member Tim Jackson said Monday he will not resign despite a new investigation that could result in a new, more serious charge being filed against him.
At an afternoon press conference, Jackson and his attorney, 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. The trial is scheduled to begin in July.
And they urged Commonwealth's Attorney Robert J. Humphreys to pay back the school system for the costs of prosecuting Jackson if he is found not guilty.
``Let's see who's worried about the taxpayers' money,'' Stallings said.
Reached by phone at his office, Humphreys laughed at the suggestion.
``I'd hate to start that precedent,'' he said. ``I guess I don't have the resources the School Board and Mr. Stallings do.''
``This is a criminal case. And I guess what they're doing with some success is diverting attention'' from that, Humphreys said.
On Friday, Humphreys said he was looking into the possibility of conflict of interest charges against Jackson and board member Ferdinand V. Tolentino because they voted to have the school district pay their legal fees up to $25,000. Six other board members also voted in support of the motion. Only Karen O. O'Brien voted against it. Delceno C. Miles abstained.
Humphreys has been critical of the vote, saying taxpayers should not have to pay for Jackson and Tolentino's defense.
The two already face misdemeanor malfeasance charges after refusing to resign in the face of a scathing special grand jury report into the district's finances. The February report urged that seven of the board members resign or be charged with malfeasance in office, punishable by a $250 fine. Although all denied malfeasance, five members did resign.
In March, the board voted on the legal fee issue. By state code and board bylaw, the division can pay such fees for any board member when the legal action arises out of their official activities on the board. The conflict of interest charge, while still a misdemeanor, carries the possibility of a $2,500 fine and up to a year in jail.
Jackson, who said he's received about a thousand supportive phone calls, as well as letters and unsolicited financial contributions, called the possibility of new charges ``a smoke screen.'' Speaking with his wife, Robin, and two young children at his side, Jackson said Humphreys wants to make the situation go away. But Jackson said he knows that he is innocent and is confident a jury will agree.
``I have worked hard to do well for the children of Virginia Beach,'' Jackson said.
Stallings said his staff has researched the statute and that there was no conflict of interest because the legal fees are a benefit of office provided by state law. In addition, he said the vote was openly discussed and everyone knew what it was for. Conflict of interest laws were intended to be used when there is not such full disclosure, Stallings said.
Humphreys said payment of legal fees is allowed if the board so votes, but that it is not an entitlement. And he said Jackson and Tolentino should have abstained even if their personal interest in the outcome of the vote was clear.
``Basically, they're voting to put money in their pockets,'' he said.
While his staff is still investigating the issue, Humphreys said he anticipates the May session of the regular grand jury may result in more charges against the two.
Tolentino, who appeared briefly before the press conference, said he would confer with his attorney before making any announcements.
Board member Roger L. ``Buddy'' Riggs, who first raised the conflict of interest issue and was not on the board when the vote was taken, said Jackson's proposal could be a better deal for the citizens of Virginia Beach, but that they still should not have to absorb any costs.
Riggs said he still plans to pursue the issue at the board's next meeting.
``I think it still should be discussed and furthermore, I think (the vote) should be rescinded,'' he said.
Stallings said Circuit Court Judge Glen Tyler from the Eastern Shore is being brought in for the malfeasance trials after local judges had recused themselves because of their role in appointing replacements for elected members who leave the board.
Stallings also said he and Jackson had planned to pursue a change of venue for the highly publicized case, but Jackson asked him to drop the issue after being told it would increase the cost to taxpayers.
At a hearing scheduled for Monday, Stallings said he expects Humphreys to request a joint trial for Tolentino and Jackson. Stallings said he would fight such a motion. ILLUSTRATION: Photo
Virginia Beach School Board member Tim Jackson said he has received
about 1,000 supportive phone calls.
KEYWORDS: VIRGINIA BEACH SCHOOL BOARD by CNB