ST. CROIX — West Indian Company Limited Board Chair Jason Charles said today that the board is still in the process of selecting a new president and chief executive officer to replace Anthony Ottley, who continues serving as WICO interim president and CEO after the board announced last October that it would not renew his contract.
As the WICO board continues its search for a new CEO, Charles said board members are considering multiple candidates.
“We’re right now working through that process,” he said.
Even though Governor Albert Bryan Jr. identified Tourism Commissioner Joseph Boschulte as a candidate who was offered the job to lead WICO during the weekly Government House press briefing on March 24, Charles would not confirm whether Boschulte was offered the position.
“I can’t confirm that he was offered the job or denied the job,” he said.
Boschulte previously led WICO as its president and CEO from May 1, 2012 to April 30, 2017. He has served on the WICO board since February 13, 2019. He served as board chair until he was removed on April 21, 2023, however, he remains a board member. Considering Boschulte is a board member, his ability to legally lead WICO is challenged.
READ MORE: “Virgin Islands law appears to restrict Joseph Boschulte from heading WICO as its president and CEO”
Virgin Islands law prohibits individuals from serving as an employee of a board or commission of the VI government, in any capacity, within one year of having served as a board or commission member of the same board with which they are seeking employment, according to Virgin Islands Code, Title 3, Chapter 5, Section 65d (c).
When asked whether this statute relating to public boards and commissions could prevent Boschulte from assuming the role, Charles highlighted what he sees as WICO’s unique operational status.
“WICO has existing legislation presented by the Legislature that allows us to work as a private corporation,” he said, but did not identify the legislation.
Local and federal courts, however, have ruled on the matter in multiple cases, confirming WICO became a public corporation of the Virgin Islands in 1993 when the VI government purchased 100% of WICO’s shares. The Legislature has also clarified that WICO is a public corporation.
Additionally, as the territory continues receiving federal disaster recovery funding, WICO has already been allocated $2.4 million in funds through the Federal Emergency Management Agency to make repairs to turnstiles, its office, and Estate Catherineburg. Private entities do not receive FEMA public assistance funding.
Since the courts have determined WICO is a public entity, Senator Alma Francis Heyliger is sponsoring a bill calling for WICO employees to contribute to the Government Employees’ Retirement System.
READ MORE: “WICO is not paying into GERS, Senator Alma Francis Heyliger seeks compliance through legislation”
Heyliger’s measure, Bill No. 36-0066, amends the law to require that all officials and employees of the PFA and its wholly owned subsidiaries — WICO and the Virgin Islands Next Generation Network — must be GERS members.
“The judicial system has already said they are legally government employees,” Heyliger said.
The bill has been assigned to the Committee on Government Operations, Veterans Affairs and Consumer Protection. Heyliger said it was supposed to be heard during today’s committee meeting, but it was removed from the agenda because invited testifiers from WICO and the PFA were unavailable. The bill is now scheduled to be considered by the committee on May 30.
The bill requires the PFA to contribute to GERS its share of the cost of the retirement of the officials and employees based on semi-annual billings as determined by the Division of Personnel, according to the bill. The retirement contribution of officials and employees must be deducted from their salaries in the same manner as in the case of regular government employees.
Charles, while discussing his position on the proposed legislation, said he would like to review what the cost would be to employees and the government if WICO became a GERS contributor. He expressed concern that mandating WICO employees to join GERS could financially burden them, noting WICO offers its employees a matching 401(k) retirement plan.
“I want analysis of what is better for our employees but based on my preliminary review of it, I can tell you GERS takes out 11% versus 401(k), which is 3% to 5%, so it would be costing employees at WICO more if they go on the GERS plan,” Charles said.
Heyliger said she has submitted an amendment to her bill that would give WICO employees of at least 10 years the option of staying on WICO’s 401(k) retirement plan.
“I wanted to give those that have already been there a while the option without saying they have to switch over,” Heyliger said.
Government employees who have paid contributions for 10 years to GERS are considered vested members of the pension system.
