ST. CROIX — The Senate’s legal counsel concluded the salary increases recommended by the Virgin Islands Public Officials Compensation Commission are not legally binding upon the government and Legislature if the VIOPCC did not submit its report and recommendations to the Senate president, according to the counsel’s legal opinion.
However, according to an email chain obtained by WTJX, the report was transmitted to Senate President Novelle Francis Jr. as well as Governor Albert Bryan Jr. and Chief Justice Rhys Hodge.
Senate Majority Leader Kenneth Gittens, in a statement on Tuesday, said he had requested a legal opinion to determine whether the raises could lawfully be automatically instituted.
“It is unclear to me whether these recommendations were properly submitted to the Legislature in order for them to automatically take effect,” Gittens stated. “I was personally unaware that the Public Officials Compensation Commission had completed its work and the governor’s financial team certainly did not bring this up when they came before the Legislature this fall to discuss the FY 2025 budget.”
In a response to Gittens on Wednesday, the Senate’s assistant legal counsel, Sharline Rogers, through Chief Legal Counsel Amos Carty Jr., indicated the senator’s inquiry of whether the recommendations are legally binding is based on the premise that they were “never formally submitted to the Legislature.” The legal counsel noted the law requires the recommendations be submitted to the Senate president, but it does not provide the method for submittal. The legal counsel further noted that the 90-day period within which the Legislature must act upon the Commission’s recommendations does not begin to run until the Commission submits its report to the Senate president.
The Commission submitted its report via email on August 13, 2024 to the governor, Senate president, and chief justice. The governor and Regina Petersen, administrator of courts for the Judiciary of the Virgin Islands, both confirmed receipt. Francis said he never received it.
The nine-member Compensation Commission must review the salaries of public officials every four years and submit a report with recommendations.
READ MORE: “Public Officials Compensation Commission clarifies no raises recommended for senators”
The Compensation Commission recommended compensation adjustment amounting to $199,005 for 12 public officials in the executive branch after reviewing 41 positions, according to the Public Officials Compensation Study.
The recommended raises were for the governor, lieutenant governor, attorney general, inspector general, supervisor of elections, four commissioners, and three executive directors of boards and/or commissions. The raises took effect January 1, according to Government House.
