ST. CROIX — Senate President Milton Potter is urging Governor Albert Bryan Jr. to not implement any salary increases for himself or Lieutenant Governor Tregenza Roach at this time, as doing so would “exceed the scope of executive authority and conflict with the established legal framework,” according to a letter obtained by WTJX that Potter wrote to the governor.
Potter, in his letter dated February 3, noted that he wrote the governor to address concerns regarding the recent recommendations of the Virgin Islands Public Officials Compensation Commission on salary increases for executive positions within the VI government.
Bryan, during an interview on Saturday with Jamila Russell, host of the “Just Jamila” radio talk show on WSTX 970-AM, said he will take his raise.
“It’s the law,” Bryan said.
When asked to comment on Potter’s letter, Government House maintained its position.
“Act Nos. 7878 and 8384 are law,” Richard Motta Jr., Government House spokesperson, wrote in a text message. “The governor of the Virgin Islands will not take any action that contravene those laws.”
Act No. 7878 established the Public Officials Compensation Commission in May 2016 to review the salaries of public officials and make recommendations for changes. Act No. 8384 amended the law in October 2020, offering key changes that required the Commission submit a report by May 30, 2022 and clarified the Commission’s recommendations would be automatically approved if the Legislature failed to act upon them within 90 days.
The report was transmitted to former Senate President Novelle Francis Jr. as well as the governor and Chief Justice Rhys Hodge via email on August 13, 2024.
While the governor said he is following the law, the Legislature’s legal counsel has a different opinion on how the recommended raises are to be implemented.
Potter wrote in his letter to the governor that it is the Legislature’s position that the authority to establish salaries for executive positions rests solely with the lawmaking body based on a legal analysis by the Legislature’s chief legal counsel and pursuant to the law, specifically the VI Code, Title 3, Sections 1 and 31, and the Revised Organic Act of 1954, Sections 11 and 20.
Title 3, Section 1 of the VI Code established the governor’s $150,000 annual salary, while Section 31 established the lieutenant governor’s $125,000 annual salary. The ROA in Section 11 outlines the duties of the governor and lieutenant governor. Section 20 of the ROA requires the VI government to pay the salaries of the governor, lieutenant governor, heads of executive departments, other officers and government employees, and members of the Legislature at rates prescribed by the laws of the Virgin Islands.
Attorney Amos Carty Jr., the Legislature’s chief legal counsel, indicated in his legal opinion to Potter dated January 24 that the governor cannot legally increase his salary or the lieutenant governor’s salary without the Legislature amending the VI Code, Sections 1 and 31. Carty indicated that the Public Officials Compensation Act requires the submittal of the commission’s report and recommendation to the chief justice of the Virgin Islands Supreme Court, the governor, and the Senate president. He noted the act requires the Legislature to act upon the recommendation not later than 90 days after its submittal.
Carty, in his legal opinion obtained by WTJX, noted that the recommendations “take effect for the legislative session immediately following the next general election” if the Legislature fails to act on the recommendations within the 90 days after submittal. Even if the governor had the authority to increase the salaries, Carty noted the raises would not take effect until after the next legislative session following the 2026 election. Accordingly, he wrote that there is no legal basis for implementation of the recommended raises before the next legislative session after the 2026 election.
In his letter to the governor, Potter also recommended caution in implementing salary increases for other executive-level officials. The Senate president noted that the people of the Virgin Islands expect both the executive and legislative branches to exercise prudent stewardship of public funds, ensuring that financial decisions align with the broader fiscal realities.
Potter indicated to the governor a desire to resolve this matter through open dialogue and mutual understanding. He noted, however, that the Legislature may have no alternative but to seek judicial intervention if this matter remains unresolved, stressing that he would prefer to avoid such an outcome.
The Compensation Commission recommended compensation adjustment amounting to $199,005 for 12 public officials in the executive branch, including the governor and lieutenant governor, after reviewing 41 positions, according to the Public Officials Compensation Study.
READ MORE: “Public Officials Compensation Commission clarifies no raises recommended for senators”
In addition to the governor and lieutenant governor, the Compensation Commission recommended raises for the attorney general, inspector general, supervisor of elections, four commissioners, and three executive directors of boards and/or commissions.
