ST. CROIX — The Virgin Islands Board of Elections voted 8-1 during an emergency meeting today to authorize Board Chair Raymond Williams and Supervisor of Elections Caroline Fawkes to retain independent legal counsel to defend against a federal lawsuit filed by disqualified delegate to Congress aspirant Brett “Mac” McClafferty.
The board opted to seek outside counsel instead of relying on the Virgin Islands Department of Justice after Attorney General Gordon Rhea advised that Williams and Fawkes — the only two defendants named in the lawsuit — obtain independent representation because of potential conflicts of interest.
Board members convened in the boardrooms of the Virgin Islands Public Services Commission while the Elections System of the Virgin Islands’ offices on St. Croix and St. Thomas were occupied with early voting, which began today.
In a July 13 letter, Rhea noted the possibility that the board could refer the election matter to the DOJ for investigation. The AG indicated that it would be “imprudent” for the department to investigate election matters involving the board while simultaneously defending those same actions in federal court. He also cited the department’s ongoing criminal prosecution of McClafferty and noted that Title 18 of the Virgin Islands Code authorizes the board to retain independent counsel.
READ MORE: DOJ recommends Elections Board retain independent counsel in McClafferty suit; board to meet Monday
McClafferty was arrested February 21 and charged with grand larceny, passing or possession of forged bills, obtaining money by false pretenses, making and passing fictitious bills, and drawing and delivering worthless checks in connection to an alleged $888,500 counterfeit check scheme.
READ MORE: Prosecutors ask court to sanction Brett “Mac” McClafferty over alleged social media violations
Following an executive session, the board approved a motion moved by Cornelius JnBaptiste authorizing Williams and Fawkes to retain counsel. Williams said board members would be notified as soon as an attorney is selected.
“I commit to letting the membership know via email when that determination is made, and that will happen posthaste simply because there is a complaint to be answered and the clock is running,” Williams said.
Before the meeting, McClafferty offered to dismiss his lawsuit if the board agreed to revisit his disqualification.
In a July 17 email to Fawkes and Williams that was also sent to WTJX, McClafferty reiterated that it was never his intent to sue the Elections System of the Virgin Islands or the Board of Elections and said he had done everything in his power to avoid legal action. He offered to immediately dismiss his lawsuit in its entirety if the board reconsidered his disqualification during Monday’s emergency meeting.
“This would allow the BOE to conserve precious financial resources and to move forward with the business of administering the upcoming elections free of this legal controversy, while demonstrating to the public that the BOE believes in free and fair elections where voters get to make the ultimate decision on who represents them,” McClafferty wrote, adding that the offer would remain open until the meeting adjourned.
The meeting also featured renewed disagreement over the board’s decision to disqualify McClafferty from the delegate to Congress race.
Before the vote on legal representation, board member Cleopatra Peter moved to rescind the board’s earlier action disqualifying McClafferty and allow both him and fellow candidate Ida Smith to appear on the ballot. Peter argued the six documents presented by Fawkes regarding McClafferty were not notarized and that he had been denied a hearing.
“It was kind of like a kangaroo trial,” Peter said.
Williams ruled the motion out of order, saying the board had already acted on the matter.
“The board made a determination,” Williams said.
“An illegal determination,” Peter replied.
Peter challenged the chair’s ruling, but the board voted 8-3 to uphold it. Peter, Harriet Mercer, and Barbara LaRonde voted to overturn the ruling.
Earlier in the meeting, Mercer sought records related to the board’s July 1 vote affirming McClafferty’s disqualification. She moved to obtain a copy of the motion adopted that day and the evidence reviewed by the board before making any decision on legal representation.
The board split the motion into two parts. Members voted 9-2 to provide Mercer with the requested documents, with Williams and Lilliana Belardo de O’Neal voting against the request.
However, the board rejected, by an 8-3 vote, Mercer’s proposal to delay the vote relating to hiring legal counsel until she had reviewed the materials. Peter, LaRonde, and Mercer voted in favor of postponing the decision.
Mercer also questioned who would represent Williams and Fawkes. Fawkes said the board was considering Scot McChain, of St. Croix; Treston Moore, of St. Thomas; and Bruce Harvey, of Atlanta.
The legal dispute stems from the board’s July 1 vote to uphold Fawkes’ investigation into alleged irregularities involving nomination petition signatures gathered on McClafferty’s behalf on St. Croix. The board voted 7-2, with one abstention, to affirm his disqualification from the delegate to Congress race. During the same meeting, the board unanimously voted 8-0 to uphold the disqualification of fellow independent candidate Smith.
READ MORE: Board of Elections upholds Brett McClafferty, Ida Smith disqualifications during contentious meeting
McClafferty, who sought to qualify as an independent candidate for delegate to Congress, filed suit in District Court on July 8 challenging his disqualification. A day later, he filed an emergency motion seeking a temporary restraining order and preliminary injunction requiring election officials to certify his candidacy while the lawsuit proceeds.
READ MORE: Judge denies emergency TRO for disqualified congressional aspirant Brett McClafferty, sets hearing
In addition to Williams, JnBaptiste, Belardo de O’Neal, Peter, LaRonde, and Mercer, the other board members who participated in the meeting were Franz Christian Jr., Nathan Fletcher, Kareem Francis, Lydia Hendricks, and Shikima Jones. Atanya Springette and Chaneel Callwood were absent. The vacancy left by the death of Michael Joseph has not yet been filled.
