ST. CROIX — After receiving a termination letter citing “continued insubordination,” Vernice Gumbs has filed a complaint with the Virgin Islands Superior Court claiming illegal termination as executive director of the Virgin Islands Taxicab Commission due to an unlawfully constituted Commission and the lack of a quorum.
Gumbs, who declined to comment on her complaint for injunctive relief and damages filed Thursday in the St. Thomas/St. John District, is seeking the reversal of her termination after serving as executive director since September 9, 2022.
Assistant Tourism Commissioner Elizabeth Hansen Watley, VITCC chair, who signed the termination letter dated February 20, is named in the complaint as the sole defendant.
At the time the VITCC made its decision, it was one member short of the five-member statutory quorum needed to conduct business, according to the nine-page complaint filed by Attorney Peter Lynch, of Fuller & Lynch Advocacy Group PLLC, d/b/a FLAG LAW VI.
Gumbs claims the nine-member VITCC only had four legal members present when it voted to terminate her, including Watley, chair and VI Department of Tourism representative from St. Croix; Licensing and Consumer Affairs Deputy Commissioner Myrna George, secretary and VI Department of Licensing and Consumer Affairs representative from St. John; Sweeny Toussaint Jr., St. Croix taxi medallion holder; and Julian Penn, St. Thomas taxi medallion holder.
Gumbs claims Franklin Brathwaite, a St. Thomas taxi driver who participated in the meeting as a VITCC member, never owned a taxi medallion and is not qualified to serve on the Commission as a result pursuant to the VI Code, Title 3, Section 274(b)(1). She claims VITCC members Vincent Georges, a retired law enforcement officer; and Loretta Lloyd, a public member from St. Thomas, did not attend the meeting because they were never notified about it. She indicated in the appeal the VITCC has three vacancies — a St. John taxi medallion holder, a public member from St. John, and a public member from St. Croix.
The VI Code, Title 3, Section 274(b) mandates that the VITCC membership must consist of nine members, including three taxi medallion holders (one each from St. Croix, St. Thomas, and St. John), three members of the public (one from each island), one retiree with a background in law enforcement or the legal profession, and one employee from the Department of Tourism and one DLCA employee (with one of these employees residing on St. Croix and one residing in the St. Thomas/St. John District.
Gumbs claims the VITCC’s decision to terminate her was unlawful because the Commission lacked a quorum, and because its composition was not in compliance with the law since two taxi drivers from St. Thomas were in attendance, including Brathwaite, a non-medallion holder who has been serving on the Commission since 2021. She further claims the Commission’s decision to terminate her was unlawful because the composition of the VITCC was not nine members.
George testified before the Committee on Government Operations, Veterans Affairs and Consumer Protection on February 24 in her capacity as DLCA deputy commissioner.
Senator Kenneth Gittens questioned George during the Senate meeting about the Taxicab Commission, asking how many members currently serve on the Commission. She said there were five members. After he asked if the VITCC had a quorum when it voted to terminate Gumbs, George said it did.
Gittens, in a letter to George dated February 25, the day after she testified before the Senate committee, wrote that he believed the Taxicab Commission has been operating without a quorum. He also noted that Governor Albert Bryan Jr., in a letter dated January 21, thanked Georges for his dedicated service while noting his term had concluded. Gittens wrote that the law requires VITCC members to serve until they are replaced, noting Georges has not been replaced by a law enforcement representative as required.
Gittens referred to an election for VITCC member leadership held on February 6. He requested the minutes from the election meeting, as well as from the meeting during which the Commission voted to remove Gumbs as executive director.
Watley, in a letter to Gittens dated February 26, noted she was officially elected to serve as VITCC chair. In response to the senator’s question about whether the Commission had the required number of members to vote on “both matters earlier questioned,” she wrote that the answer was yes. She noted the VITCC acted with five members of the body.
As far as executive meetings go, Watley noted in her letter to Gittens that those meetings are not public, so the minutes are closed. However, she wrote that actions taken were publicly announced, including to the Legislature in official correspondences from the Commission. She further recommended that Gittens reach out to Bryan regarding his reference on the appointments of VITCC members, noting the governor appoints the members.
While the termination letter, which Watley and George both signed, cited “continued insubordination,” Gumbs noted in her complaint that there was no insubordination, or any record of such prior to or on February 20. She noted she is aggrieved by the VITCC’s decision, and has the right under the Virgin Islands Code, Title 3, Section 274(g) to file an appeal with the Superior Court within 10 days after being notified about her termination.
Lynch, the attorney representing Gumbs, said the complaint was timely filed on the 10th day after Gumbs received her termination letter, noting the Virgin Islands Rules of Civil Procedure count business days when the number of days is fewer than 14. He declined further comment.
Gumbs requested the court to issue judgment in her favor, and against Watley, awarding declaratory judgment that her termination was unlawful. She also seeks an injunction prohibiting the effectuation of her termination, or ordering the reversal if it has been effectuated, as well as restoration of all back pay and withdrawn entitlements since February 20 in addition to costs and attorney’s fees.
