Jan. 13, 2009 — Eugene "Doc" Petersen's legislative branch committee of the 5th V.I. Constitutional Convention ground away at the meat of government making Tuesday, shaping a future V.I. legislature with a system of district and at-large senatorial seats and restrictions on lame-duck sessions.
The committee met Tuesday in Christiansted's D.C. Canegata Multi-Purpose Center, reading through draft constitutional language and voting on amendments, preparing a package to present for approval by the entire convention in its next plenary session.
"I am one that wants some restrictions on actions by lame-duck, outgoing senators and governors," Petersen said. "We've had problems in the past, especially with pardons."
Delegate Arnold Golden responsded, "There is nothing we can do as a convention to prevent wrongdoing by elected officials. That is a risk the voters take with every election. I don't see us getting into the specifics of these things in the constitution."
Ultimately the committee voted for an amendment to ban regular legislative sessions in the time between a legislative election and the swearing in of the new legislature. The governor could still call a special session and the legislature could vote by a two-thirds super majority to call one, too.
Voting yes were Petersen, delegates Cain Magras, Frank Jackson and Gerard "Luz" James III. Voting no were delegates Douglas Brady and Lisa Williams. Absent were Michael Thurland, Elsie Trotman and Arturo Watlington Jr.
After extensive discussion of the pros and cons of different configurations, the delegates settled on a 15-person legislature serving four-year terms, elected two years after the gubernatorial election, with both at-large and district-based senators.
St. Croix and St. Thomas would each be split into three subdistricts with two senators per district, for a total of 12 senators representing subdistricts. St. John would have one dedicated senator. And St. Croix and St. Thomas would each have one at-large senator.
All members present voted in favor.
When it came to the power to impeach and remove government officials, the committee started with language giving the legislature wide power over both elected and appointed officials. But over the course of discussion, they drew back that scope somewhat to encompass only elected officials.
As the draft stands amended, the legislature would have the power to impeach any elected official with a two-thirds super majority. After an official is impeached, the V.I. Supreme Court would try the official and determine whether to remove him or her from office.
Voting in favor were Brady, Golden, Magras, Petersen, and Williams. Jackson voted no, preferring V.I. Superior Court try officials instead of the V.I. Supreme Court. James had left the room at the time of the vote. Absent were Michael Thurland, Elsie Trotman and Arturo Watlington Jr.
Delegates Mary Moorhead and Claire Roker were also present throughout the meeting, but as they are not committee members, they participated in discussion but did not vote.
This convention has a deadline of May 31 to produce a draft document.
The U.S. Congress passed a law in 1976 to allow the people of the Virgin Islands and Guam to adopt territorial constitutions. Any constitution has to be consistent with federal law and with the U.S. constitution. The government must be republican in form, with executive, legislative and judicial branches, and it must have a bill of rights. But there are few other restrictions. Itsourfuture.vi has excerpts and links to the full text of the relevant laws and much more information.
There have been four previous constitutional conventions, but no territorial constitution yet. The most recent convention was in 1980. For a detailed history of previous conventions and extensive background information on the subject, see "V.I. CONSTITUTIONAL CONVENTIONS: BACKGROUND."
Committee members present at Monday's meeting were Douglas Brady, Gerard "Luz" James, Frank Jackson, Cain Magras, Arnold Golden, Eugene "Doc" Petersen and Lisa Williams.
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