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Budgetary Concerns and Election Integrity Debated at Senate Committee Hearing; ESVI Accuses OMB of Legal Oversight in Funding Proposal

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In what was meant to be a standard budgetary discussion, issues of election integrity dominated the conversation when election officials testified before the Senate Committee on Budget, Appropriations, and Finance last week.

Senator Donna Frett-Gregory, Chair of the Finance Committee, frequently noted that some topics broached were more suited for other committee discussions. Yet, these concerns echoed when Board of Elections Chair, Alecia Wells, and Elections Supervisor, Caroline Fawkes, stepped forward to testify.

Highlighting their faith in the recent election procedures, Ms. Wells read a statement from the board, emphasizing the rigorous measures they’ve implemented, namely the “triple redundancy accuracy protocol”. She pointedly described skeptics of the election process as “candidates grappling with loss”. Furthermore, the board’s dismissal of these doubts was anchored in the Superior Court’s precedents concerning Virgin Islands elections.

Drawing attention to local media, Wells highlighted allegations surrounding a senator-at-large’s qualification. However, she countered this by underlining how other island election bodies, like Tortola’s, have sought guidance from the Elections System of the Virgin Islands (ESVI).

A noteworthy mention was the viral video alleging misconduct by a deputy supervisor in the election process. Ms. Wells categorically denied these claims, referencing investigations by both the Federal Bureau of Investigation and ESVI which exonerated the accused. She empathetically noted the emotional toll this controversy has taken on the individual.

Shifting to broader concerns, Fawkes raised the alarm on the growing mistrust and, sometimes malicious, scrutiny aimed at election officials. Citing a Brennan Center poll, she informed that a significant portion of surveyed officials expressed concerns about their safety due to the rising tide of unfounded allegations. She asserted that this disturbing trend wasn’t isolated to the mainland but was seeping into the Virgin Islands as well. However, proactive measures are in the pipeline to counter this, she assured.

Delving into the crux of the hearing – the budgets – Fawkes laid out the financial requirements. The Board’s request of nearly $430,000, up more than 100% from last year, caught attention. A substantial portion of this would be earmarked for travel, necessitated by training requirements, explained Wells. Meanwhile, ESVI sought a $3 million allocation, which was $500,000 more than the proposal by the Office of Management and Budget (OMB). Fawkes stressed the importance of this increased allocation, especially given unforeseen expenses such as approved raises for managerial roles. In her view, the OMB’s proposal did not align with the legal stipulation for biennial salary increments.

Senator Angel Bolques Jr. probed deeper into how underfunding affected ESVI operations. Fawkes painted a picture of the challenges, ranging from ballooning costs to dependency on federal grants. On the topic of acquiring properties to reduce rental overheads, she expressed skepticism given past promises.

Highlighting the urgency with the upcoming 2024 elections, Fawkes stated a separate requirement of $950,000 for smooth conduct. She stressed on timely funding, indicating that delays could hamper the entire election cycle. Another crucial point was the loss of funds, amounting to over $189,000, at the end of the fiscal year, prompting a call for longer-term fund accessibility.

Fawkes shared detailed voter registration statistics, emphasizing the need for increased engagement and interaction with the public. The introduction of a more expansive database was also on the horizon, which would further refine the accuracy of voter lists.

However, as the hearing reached its final phase, a disagreement flared between Senator Alma Francis-Heyliger and Wells over the responsibility for candidate legitimacy checks. With Frett-Gregory’s intervention, clarity was achieved, confirming that the onus lies with the elections supervisor.

Wrapping up, Frett-Gregory expressed her exasperation over the deviations from the primary topic but also voiced appreciation for ESVI’s dedication to upholding democracy in the territory. She concluded, “No system is flawless, but we stand by the work you do.”

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USVI Senate Rejects Bill for Electing Attorney General Amid Concerns Over Political Influence

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A recent legislative effort to transition the appointment of the U.S. Virgin Islands Attorney General to an elected position was halted in the Senate on Tuesday. Spearheaded by Senator Alma Francis Heyliger, the proposed Bill 35-0248 sought to prompt the U.S. Congress to amend the Revised Organic Act, allowing the Attorney General to be elected directly by the populace.

This initiative rekindled a debate that began with a 1998 opinion poll indicating strong voter support for electing the Attorney General. The push for this change gains context from the recent terminations of former Attorneys General Denise George and Ariel Smith, followed by the appointment of Gordon Rhea by Governor Albert Bryan, with Ian Clement currently serving as acting Attorney General.

During a Committee on Homeland Security, Justice, and Public Safety session, Acting Attorney General Ian Clement outlined potential benefits and risks of the proposed electoral process. He highlighted the conflict of interest that could emerge if candidates for the territory’s chief legal position were to engage in fundraising activities.

Contrarily, Julie Smith-Todman, Chief Territorial Public Defender, maintained a neutral stance but expressed concerns about the possible undue influence of campaign contributions on candidates. She feared such influences might compel candidates to adopt excessively stringent measures to gain public approval.

Local attorney Russell Pate, a supporter of the bill, argued that the Attorney General should represent the people rather than the executive branch, adding to the voices calling for legislative enhancements to improve the bill.

The bill faced opposition from several senators, including Kenneth Gittens who expressed concerns about the potential for further politicization of the office and the loss of legislative oversight over the Department of Justice. Senator Franklin Johnson also voiced hesitations about the influence of political donors on an elected Attorney General.

While Senator Ray Fonseca initially leaned towards supporting the bill, he eventually abstained from the vote, influenced by his peers’ reservations.

Senator Francis Heyliger defended the bill passionately, countering arguments against politicization by stating the inherent political nature of the office and questioning the dismissal of the electorate’s ability to choose their representatives effectively.

Ultimately, the proposal was defeated, with only Senators Francis Heyliger and Dwayne DeGraff voting in favor. This decision comes over two decades after a significant portion of USVI voters expressed their desire to elect their Attorney General, leaving the issue unresolved.

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Senate Supports Revised “Serenity’s Nest” Project Following Amended Proposal

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The vision of Positive T.A. Nelson, known as the “Cannabis Czar,” to create a social hub at his St. Croix residence has gained new momentum with significant backing from legislators. Nelson’s revised proposal for land use, aiming to build a space for outdoor events and various activities in Estate Morning Star, has successfully garnered legislative favor.

Initially endorsed during a December Committee of the Whole Meeting, Nelson’s plan promised to mitigate potential noise disruptions with strategic tree planting and a commitment to conclude all activities by 2 a.m. This plan was bolstered by Nelson’s assertion of having alleviated the concerns of a previously dissenting neighbor through dialogue, suggesting a consensus had been reached.

However, subsequent revelations highlighted the continued resistance from several neighbors, concerned about preserving the tranquil nature of their surroundings. This led to a withdrawal of support from senators, including Alma Francis Heyliger, who emphasized fairness and the importance of maintaining residential peace, alongside Senators Franklin Johnson and Donna Frett-Gregory.

A shift occurred three months later when an amendment to the proposal, which removed the amphitheater component and adjusted the event curfew to 1 a.m., convinced 10 out of 11 attending lawmakers to approve the project. Senator Carla Joseph chose not to vote.

The adjustment to the bill came after Senator Angel Bolques Jr., following advice from peers, took the initiative to revisit and amend the proposal. Senator Novelle Francis, presiding as chair of the Committee of the Whole, was instrumental in addressing the concerns of the neighbors.

During a legislative session on Monday, Senator Johnson expressed satisfaction over the resolution between Nelson and the opposing neighbors, highlighting the legislative visit to the site to understand the nuances of the conflict better. Senator Javan James Sr. conveyed to Nelson the assembly’s intention to balance the project’s benefits with the well-being of local residents.

Senator Bolques praised the revised bill as a foundational step towards establishing “Serenity’s Nest” as a vibrant locale for cultural celebration, community vitality, and unity, reflecting a significant turn in the project’s journey towards realization.

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The Committee of Rules and Judiciary Endorses Governor Bryan’s Three Nominees

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The Committee of Rules and Judiciary recently expressed unanimous support for three distinguished nominees proposed by Governor Albert Bryan Jr., underscoring a promising direction for the U.S. Virgin Islands. Harold Willocks is set to grace the Supreme Court as its newest justice, Averil George is nominated to lead the Department of Human Services as its commissioner, and Antonio Stevens is poised to direct the Department of Fire and Emergency Services.

Judge Harold Willocks shared insights into his extensive service history during the committee meeting, reflecting on his roles ranging from the Chief Public Defender appointed in 1992 to a seasoned judge at the V.I. Superior Court, where he served three terms before his current nomination. When queried by Senator Marise James about his desire to ascend to the Supreme Court, Willocks emphasized his commitment to serving the community more effectively from the bench, showcasing his humility and dedication to justice.

Averil George, nominated for the Department of Human Services, outlined her vision for the agency, emphasizing her resolve to enhance operational efficiency and staff welfare. Her tenure thus far has been marked by significant initiatives, including the upgrade of facilities and the digitalization of the department’s fiscal operations, aimed at ensuring the well-being of the territory’s most vulnerable citizens. George’s nomination was met with strong support from the senators, recognizing the magnitude of her responsibility and her commitment to the task.

Antonio Stevens, stepping up as the director of the V.I. Fire and Emergency Medical Services, detailed his strategic plans to address the critical shortage of paramedics and firefighters through ambitious hiring goals and salary adjustments. His proactive approach to improving service delivery and morale within the department resonated with the committee, highlighting a forward-thinking leadership style that promises to strengthen the territory’s emergency response capabilities.

The committee also navigated through a diverse legislative agenda, advancing several bills aimed at enhancing social welfare, honoring notable citizens, and supporting public service. Among these were initiatives to assist the formerly incarcerated in finding employment, to establish a health registry for chronic diseases, and to increase support for government employees.

These developments reflect the U.S. Virgin Islands’ commitment to governance, public service, and community welfare, guided by the astute leadership of Governor Bryan and the dedicated public servants stepping into their new roles.

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