ST. THOMAS — The West Indian Company Limited maintained during a board meeting Friday that it is a private corporation despite legislative acts characterizing it as a public corporation and local and federal court rulings finding it is a public entity.
Before entering executive session, WICO Board Chair Jason Charles asked for legal counsel to “jump in.” Attorney Shari D’Andrade said the board was moving into executive session pursuant to WICO’s enabling legislation, Act No. 5826. She said the act permits the company to function as a private corporation. Charles asked D’Andrade to repeat the act number, noting a WTJX article published Tuesday reported that he did not identify the legislation he claimed gave WICO authority to operate as a private corporation.
However, the relevant language in Act No. 5826 has been challenged in local and federal courts, which have all determined WICO is a public entity.
As the WICO board considers candidates to select the company’s next CEO after announcing last October that it would not renew Anthony Ottley’s contract, Governor Albert Bryan Jr. confirmed during a Government House press briefing on March 24 that Tourism Commissioner Joseph Boschulte was offered the job. Boschulte, who previously led WICO as its president and CEO, now serves as a WICO board member.
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).
After the Virgin Islands government purchased 100% of the shares of WICO, the Legislature of the Virgin Islands approved the stock purchase agreement in Act No. 5826. The act, which became law in 1993, specifically states that WICO “shall be deemed to be a public entity operating on behalf of the government.”
Additionally, local and federal courts have ruled that WICO is a public agency for purposes of the Virgin Islands’ taxpayer lawsuit statute and the VI Public Records Act.
READ MORE: “Virgin Islands law appears to restrict Joseph Boschulte from heading WICO as its president and CEO”
The Third Circuit Court of Appeals held in Sprauve v. the West Indian Company Limited that WICO is a public agency for purposes of the Virgin Islands’ taxpayer lawsuit statute. The Virgin Islands Supreme Court further held in Virgin Islands Taxi Association v. the West Indian Company Limited that WICO is a public agency for purposes of the Virgin Islands’ taxpayer lawsuit statute.
After WICO declined to provide board meeting minutes and a lease agreement the St. Croix Avis requested under the Public Records Act, the shuttered newspaper filed a Superior Court complaint against WICO on July 31, 2015.
The Virgin Islands Code in Title 3, Section 883 defines governmental agencies as “the Legislature, any governmental entity, board, bureau, commission, department, agency, division, authority, office, or agent, or semi-private governmental entity receiving governmental funds for its operation in whole or in part, or any entity having bonding authority under the United States Virgin Islands government in whole or in part.”
WICO, which argued it was not a government agency under the Public Records Act, asserted it does not receive any governmental funds for its operation in whole or in part. WICO, however, has been allocated $2.4 million so far in funds through the Federal Emergency Management Agency as the territory continues receiving federal disaster recovery funding following Hurricanes Irma and Maria in 2017.
WICO argued it is private because subsequent amendments to Act No. 5826 requiring WICO to make contributions to the general fund transformed it from a public entity back into a private entity. WICO further contended that the definition of a public agency under the Public Records Act clearly excluded WICO.
The Superior Court, however, held that WICO is a public agency within the executive branch of the VI government for purposes of the Public Records Act. The Superior Court found that none of the amendments expressed any intent by the Legislature to change the status of WICO to a purely private corporation from a government entity. The Legislature subsequently listed WICO as a semiautonomous agency of the government for emergency management and homeland security purposes in Act No. 7974 passed in 2009. The Legislature also amended Act No. 5826 in 2002, specifically to clarify that WICO is a public corporation.
During Friday’s meeting, board members discussed a projected growth in cruise traffic to 360 ship calls next fiscal year from 280 this fiscal year, a positive financial performance with a slight increase in revenues, ongoing infrastructure projects to include waterline replacement, and exploring microgrid energy solutions with the Government Employees’ Retirement System. The board also addressed challenges, including a delayed dredging project, challenges with larger cruise ships entering the market, and 14 ship call cancellations, with 10 due to itinerary changes.
After the meeting, WTJX obtained an internal memo Charles issued Friday stating Ottley immediately stepped down as WICO’s interim president and CEO.
Ottley was serving as WICO’s property manager when he became the president and CEO following the board’s termination of former Senator Clifford Graham from the position on May 31, 2019. The board announced in October 2024 that it would not renew Ottley’s contract as WICO president and CEO and would look for new leadership.
Charles said on Tuesday the board was still considering multiple candidates to replace Ottley, who stayed on as interim president and CEO. Charles identified Charlene Turnbull, WICO’s chief financial officer, as the new interim president and CEO in Friday’s staff announcement.
“Ms. Turnbull brings a wealth of experience and a strong understanding of WICO’s operations,” Charles wrote. “We are confident she will provide steady and effective leadership as we move forward.”
