ST. CROIX – The Committee on Rules and Judiciary, chaired by Senator Diane T. Capehart met in the Frits E. Lawaetz Legislative Conference Room to consider nominations, bills, and resolutions. Approved items on today’s agenda will be forwarded to the full body at the next scheduled Legislative Session.
The nominations of The Honorable Ernest E. Morris, Jr., to serve as a judge on the Superior Court of the Virgin Islands – District of St. Croix and Harith Wickrema to serve on the Virgin Islands Conservation District – District of St. John were approved.
Testimony was heard concerning Bill No. 35-0229, An Act honoring and commending the Eighth elected Governor of the Virgin Islands, Kenneth Ezra Mapp for his years of service to the people of the Virgin Islands and naming Route 75 on the island of St. Croix from Bassin Triangle intersection at Route 70, Estate Richmond and ending at Krausse’s Lagune the “Gov. Kenneth E. Mapp Highway”; appropriating $45,000 from the General Fund of the Treasury of the Government of the Virgin Islands to the Department of Public Works to implement the mandates of this Act, to bestow the Virgin Islands Medal of Honor on Kenneth Ezra Mapp and for other related purposes. The measure was sponsored by Senators Franklin D. Johnson, Donna A. Frett-Gregory, Milton E. Potter, Samuel Carrión, and Javan E. James, Sr.
Various members of the Virgin Islands Community supported the measure. Mona L. Barnes called Mapp a person who craved knowledge and was passionate about learning. She recalled Mapp’s passion while recalling his tenure as a Senator. Barnes called Mapp tough and sometimes brash, but said it was always in the best interest of the people. Barnes stated that while you may not have admired his style, you must admire his tenacity and ability to get things done. She called Mapp a Virgin Islands Hero. Pedro Cruz said Mapp distinguished himself as a passionate leader who served with dignity for improving the Virgin Islands. Cruz stated that Mapp was a patriot who truly cares and loves the US Virgin Islands and has gone the extra mile to solve matters affecting the US Virgin Islands. He stated that the honor was well deserved and that he was a true hero. Guarino met Mapp in 2002 when he served as the Director of Finance and Administration at the Public Finance Authority. Guarino stated she was impressed with Mapp’s intelligence and ability to understand the complexities of the finance world. Guarino stated that Mapp’s leadership following the two category five storms of 2017 was remarkable, as he advised residents where to find shelter, as well as continuing with daily post storm reports, which brought sense and security for many residents. Guarino stated that his ability to foster relationships with national leaders and secure important funding is a testament to his dedication and skill. Guarino stated that Mapp was more than deserving of the honor.
Peter Hierbert, a retired partner at the International Law Firm of Winston & Strawn LLP noted Mapp’s during the aftermath of Hurricanes Irma and Maria in September 2017, which led to private and federal funds that assisted with the territory’s recovery. During Mapp’s career in public service, he has served as a police officer, the Assistant Director of the Industrial Development Commission, a Senator in the Legislature of the Virgin Islands, Lieutenant Governor of the Virgin Islands, where he served as Commissioner of Insurance and Chairman of the Virgin Islands Banking Board. Mapp served as the eighth elected governor of the US Virgin Islands from January 2015 to January 2019. Valdamier Collens, President of Merchants Commercial Bank, stated that while his experience paled in comparison to Mapp’s he was grateful to have assisted with Mapp’s career. Collens assisted Mapp during times of strained liquidity, the settlement agreement with HOVENSA, and assisted the territory after the catastrophic hurricanes in 2017. The proposed measure was voted upon favorably.
Furthermore, lawmakers considered testimony concerning Bill No. 35-0227, An Act amending title 3 Virgin Islands Code, chapter 37 to enact the Virgin Islands Commission on Ethics and Conflicts of Interest. The measure was sponsored by Senators Kenneth L. Gittens, Franklin D. Johnson, and Marvin A. Blyden and Bill No. 35-0228 – An Act amending title 3 Virgin Islands Code, chapters 8 and 37 to enumerate the duties and functions of the Virgin Islands Commission on Ethics and Conflicts of Interest; appropriating $500,000 from the General Fund of the Treasury of the Government of the Virgin Islands to the Virgin Islands Commission on Ethics and Conflicts of Interest and for other related purposes. The measure was sponsored by Senators Kenneth L. Gittens, Franklin D. Johnson and Marvin A. Blyden. Additionally, lawmakers considered Bill No. 35-0269, An Act amending title 2, Virgin Islands Code, chapter 1 by adding a section 10 providing a penalty for the commission of perjury in proceedings before the Legislature of the Virgin Islands. The measure was sponsored by Senator Kenneth L. Gittens.
Testimony was heard from Dr. Gwen-Marie Moolenaar, President of the League of Women Voters. Dr. Moolenaar voiced concern that as it pertained to Bill No. 35-0227, the composition is too heavily influenced by the governor and the chief judge of the VI Supreme court in that the Governor and judge are authorized to identify four members and the legislature one member. Moolenaar recommended that the membership should be broader to prevent wide influence by public officials. The League of Women Voters recommended that the membership be expanded to seven members to include the following: Governor, Chief Judge of the Supreme Court, and the Legislature each appoint one person; Governor and Chief Judge each nominate one private citizen; the Bar Association nominates one person from the Bar membership; UVI nominates one Human Resource administrator. Moolenaar recommended that language that stated that “two members who are jointly appointed by the Governor and Chief Justice” and insert “other four members shall serve a full term of five years” should be removed. Additionally, the League was concerned that there were no guidelines as to what constituted meaningful time spent to qualify for the reimbursement of $200 and suggested that members be compensated at a rate of $200 a day “for meetings of the Commission, its committees and subcommittees and for related work of no less than two hours per day that is approved or verified by the Executive Director”.
As it pertained to Bill No. 35-0228, Moolenaar stated that the bill’s description was cryptic and caused concern and needed to be specified. She recommended that language allowing “other uses” and “for other related purposes” be removed if it could not be specific. The League also rejected the requirement of a training course of not less than 2 hours. A penalty of $25 a day and a maximum of $250 was suggested to be reviewed. As it concerns Bill 35-0269, it was proposed that section 10 be added, however this section already exists, and it was suggested that this becomes a new section. The League also considered clarifying language that would levy a fine of no more than $250 or imprisonment for not more than 30 days, stating that the addition of “or both” would serve as a deterrent.
Ian Clement, Deputy Attorney General for St. Thomas and St. John and current Acting Attorney General of the Virgin Islands stated that the proposed Bill 35-0227 satisfies Virgin Islands Law about Commissioner eligibility, filling vacancies on boards, terms of commissioners, and composition of the board. Clement’s testimony mentions that nationally, the establishment of ethics commissions or committees is a growing trend. As of March 22, 2024, 392 ethics bills were introduced in the United States, including one in at least all 50 states. Of these measures, 72 were enacted across 31 states. Clement stated that the Department of Justice had reservations about how the bill was composed. The proposed Bill No. 35-0227 requires that the Attorney General “make available to the commission such personnel, facilities, and other assistance as the commission may request to assist in the performance of duties”. Clement voiced concern that the commission must have enough staff to carry out its duties. Also, Clement voiced concern that the Department of Justice is understaffed. Clement said he could not support Bill No. 35-0228 and that the bill required major revision. Clement stated that this proposed bill would seize the power of the Attorney General to prosecute all offenses against the laws of the Virgin Islands. Clement stated that Section 1 of the proposed bill would replace language that says that the Attorney General shall “administer and enforce laws about ethics and conflict of interest,” and replace it with language stating the Attorney General shall enforce laws about the ethics and conflicts of interest in conjunction with the Virgin Islands Commission on Ethics and Conflicts of Interest.” Clement stated that this would create confusion and conflict with the role of the Attorney General. Clement recommended that the bill be amended to allow the commission to refer cases to the Attorney General for criminal prosecution.
As it pertained to Bill No. 35-0269, Clement stated that similar provisions for perjury are found in federal and state law. A violation of Title 18, United States Code, which covers perjury is a crime punishable by a fine, up to five years in prison, or both. Federal Law does not specifically include perjury committed in a legislative hearing but includes “in any case in which a law of the United States authorizes an oath to be administered.” Many states do not carve out a specific statute for perjury that occurs before the legislature. However, one state, Maine, has a specific statute, and it includes the offense, at least one affirmative defense, and definitions. Other states do not have a specific criminal offense or penalty for the commission of perjury before the legislature. The language in the proposed bill is similar to the 14 Virgin Islands Code, Section 1541, which identifies perjury as a criminal offense. Clement mentioned that prosecuting a violation of the proposed bill would be difficult as the prosecution would have to prove that a person knowingly made false statements, present evidence that the defendant acted deliberately and knew that the statements were false. Additionally, the accused could state that they did not know the statements were false when they made them. Furthermore, the imposition of stiff fines and penalties could discourage citizens from testifying.
Julie Smith Todman, Esq. Chief Public Defender from the Office of the Public Defender delivered testimony relating to the proposed measures. Smith Todman stated that the Office of the Territorial Public Defender had no comment relating to Bill No. 35-0227. Smith Todman reminded the body that attorneys are bound by an ethical code. As it pertains to Bill No. 35-0228, she mentioned that the bill must be considered carefully because some portions of the proposed measure could be considered unconstitutional, as interpreted by the Third Circuit of Appeals. Section 1110(k) of Bill 35-0228 states in part that “No person may disclose or acknowledge, to any other person, information relating to a complaint, preliminary inquiry, investigation, hearing, or petition for reconsideration that is before the Commission.” Smith Todman stated that there are similarities between the proposed bill 35-0228 and the “Pennsylvania Public Official and Employees Ethics Act”, which sought to prevent financial conflicts of interest between a public official’s duties and his or her private financial affairs. The Third Circuit Court of Appeals in a case known as Stilp vs Contino found that language in that act violated the first amendment. The proposed section 1110k was similar to the same provision that was ruled unconstitutional in the Pennsylvania Act. Smith Todman stated that the OTPD did not take a position on the necessity of Bill 35-0269, as it created another criminal offense.
However, Bill 35-0227 and Bill 35-0228 were both held in Committee at the call of the Chair.
Lawmakers approved the following bills and resolutions:
Bill No. 35-0240 – An Act transferring the administration of the Government Insurance Fund from the Commissioner of the Virgin Islands Department of Finance to the Commissioner of Virgin Islands Department of Labor and amending various sections of title 24 Virgin Islands Code, chapter 11 to facilitate better recovery for injury or disease that arises out of and in the course of employment in the Virgin Islands under the Workers’ Compensation Administration, and to ensure that workers entitled to Workers’ Compensation benefits receive medical coverage, rehabilitation services, and disability compensation without undue delay by merging the benefits and payment components of the Workers’ Compensation Insurance Program. The measure was sponsored by Senator Novelle E. Francis, Jr., by Request of the Governor.
Bill No. 35-0262 – An Act appropriating $1,434,950 in Fiscal Year 2024 from the Community Facilities Trust Fund for the pre-construction soft cost funding to prepare the Charlotte Amalie harbor for dredging. The measure was sponsored by Senator Novelle E. Francis, Jr., and Marvin A. Blyden by Request of the Governor.
Bill No. 35-0284 – An Act approving the lease agreement between the Government of the Virgin Islands, acting through its Commissioner of the Department of Property and Procurement and Role Enterprises, Inc., d/b/a/ Best Car Rental, Parcel No. 294 Estate Contant and Enighed, Cruz Bay Quarter, St. John, Virgin Islands for the continued operation of a car and jeep rental business, and for other related purposes. The measure was sponsored by Senator Novelle E. Francis Jr.
Bill No. 35-0294 –An Act approving the lease agreement between the Government of the Virgin Islands and Banco Popular de Puerto Rico for a portion of Lot No. 48b Norre Gade, Kings Quarter, St. Thomas, Virgin Islands. The measure was sponsored by Senator Novelle E Francis Jr. by request of the Governor.
Bill No. 35-0195 – A Resolution honoring and commending Mr. Willard John for his many contributions to the youth and the culture of the Virgin Islands. The measure was sponsored by Senator Marise C. James.
Bill No. 35-0239 – An Act honoring and commending Mrs. Claire Lorraine Brown Roker for her dedicated service to the Virgin Islands community by naming the visitors center at the Ann E. Abramson Marine Facility, St. Croix, Virgin Islands, the “Claire L. Roker Visitors Center”. The measure was sponsored by Senators Novelle E. Francis, Jr., Javan E. James, Sr., and Angel L. Bolques, Jr.
Bill No. 35-0242 – A Resolution honoring and commending Miguel Santos, Jr., aka “DJ Poppy Pops” for his contributions in the field of music and in radio broadcasting of musical events and local social musical events and specifically contributing to the art of deejaying and the teaching of deejaying. The measure was sponsored by Senator Angel L. Bolques, Jr.
Senators present at today’s Committee meeting included: Diane T. Capehart, Milton E. Potter, Marvin A. Blyden, Novelle E. Francis, Jr., Alma Francis Heyliger, Ray Fonseca, Kenneth L. Gittens, Marise C. James, Javan E. James, Sr., Franklin D. Johnson, and Carla J. Joseph.
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