Superior Court ruled governor retained authority over Territorial Hospital Board appointments and removals

The Virgin Islands Superior Court ruled that the governor retained executive authority to appoint and remove members of the Territorial Hospital Board, according to a Government House announcement published May 24, 2021.

In Bryan v. V.I. Government Hospital and Health Facilities Corporation, the court said the Hospital Board is an executive agency and that legislation eliminating the governor’s authority to remove board appointees violated separation-of-powers principles under the Revised Organic Act.

According to the announcement, the court held that executive power includes appointing, overseeing and controlling the persons and agencies that execute the laws, including the power of appointment and removal of executive officers.

Government House said the governor’s Office of Legal Counsel was reviewing the decision to determine whether it applied to other boards, commissions and legislation affecting their composition.

Official source: https://www.vi.gov/superior-court-clarifies-separation-of-powers-and-affirms-governors-authority-over-hospital-board/