ST. CROIX — The Virgin Islands Department of Labor has not yet approved leave required by law for one of its employees running as a candidate for delegate to the Sixth Constitutional Convention.
Stedmann Hodge Jr., who has served as DOL chief compliance officer for the past three years on St. Thomas, submitted leave and stopped going to work on June 10 after receiving confirmation from the Elections System of the Virgin Islands that he had been certified as a candidate for delegate to the Sixth Constitutional Convention.
Hodge initially requested administrative leave, followed by a leave of absence without pay. He then requested to use accrued annual leave toward his absence.
“They have not approved any, none at all,” he said when contacted by WTJX. “And right now, I’m still out. I will not be going into the building. I cannot go in there and say that I’m working because if I enter the building, I’m violating the law.”
Labor Commissioner Gary Molloy told WTJX he was committed to following the law, which requires any government employee who becomes a candidate for public office to be granted and take a leave of absence.
“If and when he submits a request, we will look at it and evaluate it and adhere to all laws in place,” Molloy said about Hodge.
The commissioner, however, has already notified Hodge in writing that he would not approve his request for leave, according to email exchanges between Molloy and Hodge obtained by WTJX.
Hodge initially submitted a request via email on June 10 to take “administrative leave” through November 5, which is Election Day. Molloy replied on June 12, informing Hodge that he followed up with the Elections System of the Virgin Islands and learned that Hodge’s interpretation of the matter was incorrect.
“The correct interpretation categorizes your request as running for a board position, which entitles you to request time off to attend board-related meetings,” Molloy wrote. “It does not categorize your request as running for the Senate, which would allow you to request the entire period off.”
Hodge, in a follow-up email on June 13, informed Molloy that ESVI provided him with incorrect information, clarifying that he was not running for any board position. Hodge sent Molloy a copy of the legislation that established the Sixth Constitutional Convention and outlined the leave requirements.
Supervisor of Elections Caroline Fawkes said it is “unconstitutional” for the head of a government agency to deny leave of absence for an employee running for public office, including as a candidate for delegate to the Sixth Constitutional Convention.
“It's up to the employer to follow the law and do what is required of them, but you cannot deny the person leave to run for office if they have leave,” Fawkes said. “If they don't have leave, they take leave without pay.”
Pursuant to Acts 8681 and 8814, any employee of the VI government who files a valid petition, as provided under section 4 (e) of Act 8681, and becomes a candidate for delegate to the Sixth Constitutional Convention, must be granted a leave of absence and may use accrued or accumulated annual leave in taking the leave of absence, the Elections System announced in a press release issued May 25. Persons taking such leave of absence who have no accrued or accumulated annual leave shall do so without pay, but without prejudice to seniority or their employment rights.
On June 18, Hodge sent an email to Molloy informing the commissioner that he submitted the “corrected” request for “leave without pay” from June 10 to November 5. Hodge subsequently emailed Molloy on July 14, attaching a request to use “annual leave” during his absence. Hodge notified Molloy the next day on July 15 that he amended his request for annual leave, providing an attached copy.
Molloy responded via email on July 15, informing Hodge he was still on “unauthorized leave without pay.” The commissioner reiterated that he made his position clear in a previous communication. He restated that position.
“I am not approving any leave request for you in this manner,” Molloy wrote. “Right now, VIDOL has several very time sensitive and critical issues and concerns from the area that you are in-charge of. Therefore, it is your best interest to either return to duty and/or turn in your resignation as soon as possible.”
When asked about his statement, Molloy said he could not discuss the specific personnel matter related to Hodge.
“I can tell you that the context of any leave that’s requested needs to be in the context of whatever statute or law that’s in place,” he said.
Fawkes said Molloy’s consideration of Hodge’s request for leave is a matter between a supervisor and an employee that Hodge could take to the Division of Personnel or the Public Employees’ Relations Board.
“I would recommend that he challenge his request to the Division of Personnel and also to PERB, because they cannot deny him taking leave to run for office,” she said.
Hodge said he will not take the matter to PERB, and he is not seeking any legal action against the Department of Labor. He said he simply wants the commissioner to follow the law that established the Sixth Constitutional Convention.
Molloy said he would consider the leave requirements in the legislation while reviewing Hodge’s request for leave.
“If that, in fact, happened, then leave would be granted in accordance with that,” he said.
Karl Knight, chief of staff to Governor Albert Bryan Jr., said he asked the commissioner to confirm with Fawkes the requirements of leave for government employees as outlined in the statute relating to the Sixth Constitutional Convention. He said he has confidence in Molloy’s ability to administer the law fairly to his employees.
“I trust him to abide by the law and handle it in the manner in which the law prescribes,” Knight said.
Editor’s note: Molloy has since approved Hodge’s request for leave from July 15 to November 5.
