Ely Says He Won’t Resign Trustee Post Over Charges : Colleges: He says he did nothing wrong because he followed district policy. He is accused of embezzlement and related criminal counts.

Ventura County Community College Trustee James (Tom) Ely, charged with eight counts of embezzlement and 19 counts of making fraudulent claims to the college district, said Friday that he will not resign from his post.

“I haven’t done anything wrong,” said the 54-year-old trustee, who was arrested Tuesday along with his wife, Ingrid.

Ely is suspected of billing the district for thousands of dollars in improper travel expenses incurred in 1988 and 1989. In addition, Ely and his wife have been charged with two counts each of conspiracy to commit grand theft.

The charges have resulted from his following district policy, he said.

“In a criminal investigation, they have to show intent,” Ely said. “How is it fair to say that I intended to defraud the district when I relied on an established policy?”

If the district had questions about his past expenses, Ely said, it had a responsibility to inform him about them so he could straighten them out.

However, Deputy Dist. Atty. Carol J. Nelson, who is prosecuting the case, said that, as a trustee, Ely had ultimate authority at the district.

“He sets the policy,” Nelson said. “He was not an employee; he was the employer. He has to police himself.”

Nelson said Ely would automatically be removed from his trustee post if he is convicted of one of the eight embezzlement charges against him.

Among the charges pending is an allegation that the Elys double-billed the district for some expenses, with Tom Ely submitting vouchers to the district and his wife submitting claims for the same expenses to the Moorpark College Alumni Assn.

“I always reimbursed the district for Ingrid’s expenses,” Ely said.

Ely chastised Dist. Atty. Michael D. Bradbury’s office for “creating a media event” out of the couple’s arrest in front of their Simi Valley house Tuesday night. “It was absurd, obscene and heavy-handed,” Ely said. “I think it was highly improper.” Ely said that if Bradbury’s office had called him, he and his wife would have surrendered without incident.

Nelson dismissed Ely’s contention that the Elys’ arrest was politically motivated.

“It’s a symphony I’ve heard before,” Nelson said. The two were arrested instead of being asked to surrender, Nelson said, because they have a reputation for taking a lot of trips out of state.

“We didn’t do this to make a big splash,” Nelson said. “We just wanted to get this thing rolling and in front of a court before there was any more conjecture. You do what you think is right at the time, and you take your lumps.”

Ely, who is being represented by attorney James M. Farley, said attorney Willard P. Wiksell will represent his wife, Ingrid. Wiksell could not be reached for comment Friday.

The couple is scheduled to be arraigned on Aug. 28. If convicted, Tom Ely could be sentenced to up to six years and his wife to up to three years and eight months in prison.