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2 Say They Quizzed Ely on Expenses : Trial: The college trustees testify that their colleague insisted that his activities were ‘on the up-and-up.’

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TIMES STAFF WRITER

Two Ventura County Community College District trustees testified Thursday that they often informally questioned Tom and Ingrid Ely’s practice of charging travel expenses and personal items to the district, but Ely always assured them that he was following district policy.

Trustee Tim Hirschberg said that while he and several other trustees were in Washington, D.C., for a convention, Ely insisted on purchasing theater tickets for the group on his district-issued American Express credit card.

“I was queasy about it,” Hirschberg said. “But Tom insisted that it was on the up-and-up.”

Hirschberg told jurors at the Ventura County Superior Court trial that he repaid the district for the tickets when he returned from the trip, something county prosecutors allege Tom Ely never did.

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Trustee Greg Cole told the jury that he once questioned Ely about how he was able to get the district to pay for the travel expenses of his wife, Ingrid.

“I wanted to know what the policy was,” Cole said.

Cole said Ely “just laughed” and said Moorpark College President Stanley L. Bowers would take care of it.

In an unrelated matter, Bowers is being fired from his job in the wake of questionable financial dealings between the college and its private foundation and could not be reached for comment.

Tom Ely is charged with 28 counts of fraud and embezzlement and one count of conspiracy. Ingrid Ely is charged with one count of grand theft and one count of conspiracy.

The two are accused of stealing $15,000 in district funds by padding expense accounts between April, 1988, and January, 1990. If convicted, Tom Ely could spend up to six years in prison and Ingrid Ely up to three years in prison.

For nearly six hours Thursday, attorneys questioned Hirschberg and Cole on the financial policies of the district, and whether those practices are in accordance with state law.

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The Elys’ attorneys, James Farley and Willard P. Wiksell, tried to establish that the couple were following the policies of the college district and had not set out to commit crimes. In some cases, the Elys acted on the advice of district officials, they argued.

But Deputy Dist. Atty. Carol Nelson tried to show that while the Elys said they were following district procedure by charging expenses to the district credit card, state law prohibits officials from using public funds for personal use.

Nelson also attempted to depict Ely as a man who got his way by intimidating district officials and staff.

Hirschberg testified that district officials who pay the bills would have no way of questioning a trustee’s travel expenses except by complaining to the Board of Trustees.

“They just paid the bill instead of hassling with the trustee,” Hirschberg said.

District Chancellor Barbara Derryberry is expected to testify today when the trial resumes in Judge Lawrence Storch’s courtroom.

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