March 13, 2003 -More than a dozen white-owned companies won contracts totaling more than $26 million to repair St. Croix's sewage system under the governor's public exigency order that allows the bypass of the normal bidding process, former Sen. Alicia "Chucky" Hansen said on Thursday.
And the single black-owned company that received a contract fell under scrutiny and was blocked by the federal government as an act of racism, she charged at a press conference.
Hansen called the meeting to address a portion of District Judge Thomas K. Moore's ruling this week barring the government from awarding a $3.6 million sewage system repair contract to a company which employs her husband.
When U.S. Attorney David Nissman filed a petition in District Court last month seeking to halt the V.I. government's contract awarded to Global Resources Management Inc., Hansen told reporters outside the courtroom that it was a "racial trial."
She said Thursday that she stands by that statement and takes issue with Moore's mention of it in his opinion.
Moore in a lengthy memorandum filed on Monday described as "outrageous assertions" Hansen's statements to the press. He said Hansen had characterized Nissman as being "motivated by racial or anti-local prejudice to challenge the conflict of interest of the governor's administrator in the procurement process and the validity of awarding this multimillion-dollar contract to an assetless consulting company with no construction experience or equipment or employees."
The "governor's administrator" to whom he referred is Ohanio Harris, special assistant to Gov Charles W. Turnbull, who was listed as chief executive of Global Resources Management until a year ago.
"Such public comments maligning the motives of federal of offices and, by implication, this court, simply do not help solve the serious problems of sewage running in the streets and harbors of St. Croix," Moore wrote.
Hansen said Thursday that her statement was made as a private citizen. "I still believe it was a kangaroo court, and I still believe it was a racist act," she said.
The companies she said were granted contracts without going through the normal bidding process were also not required to have a surety bond, while Global Resources was. But those contracts apparently were for services that did not require such a bond, Moore said in a footnote to his memorandum.
Hansen served 16 years in the Senate but did not seek re-election last fall, instead making an unsuccessful run for the governorship. She said Thursday that she had been aware of St. Croix's sewage problems while in office and had tried for years to persuade her colleagues to address the issue of the island's aging sewer system.
Moore, in his opinion, noted that the system continued to deteriorate while Hansen was in office and went on to say that her husband, Esdel Hansen, was a supervisor at the Public Works Department during the years of deterioration.
"That's why I called this a political opinion," Hansen said. "My husband was selected for his position by someone who wanted to see him shine, former Commissioner Gordon Finch."
She said others in powerful political positions over the years looked to Esdel Hansen on sewage issues because of his experience.
Esdel Hansen, also at the press conference, broke his silence on the contract controversy. He said GRM owner Ashley Andrews approached him — and so did several white-owned companies — to head up the project. "We worked out a payment plan that was very nice to me," he said, "and we started to make contact with the companies and with the other parts to put this thing together."
He said GRM was hiring employees and contractors as well as preparing to open a new office. But before happened, he said, the U.S. attorney began to question the contract's validity.
Esdel Hansen said he agrees with his wife that the questioning and ultimate blocking of the contract was racially motivated.
Asked about the awarding of contracts by the V.I. government to the white-owned firms, Alicia Hansen said the "powerhouse" companies with the most money are the ones that get chosen.
She declined to provide any information about a $25,000 contract she awarded to GRM during her last term as senator, except to say that she hired the firm to do work "dealing with the technology park," an apparent reference to the University of the Virgin Islands Research and Technology Park that is to be developed on St. Croix.
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CZM APPROVAL OF YACHT HAVEN PLANS ANNOUNCED
March 13, 2003 – Plans to rebuild and expand the old Yacht Haven Hotel and Marina won unanimous approval from the St. Thomas Coastal Zone Management Committee, the parent company of the property owner announced in a release Thursday night.
The committee "voted to grant IN-USVI's CZM permits Thursday evening after a brief meeting," the release from Insignia Nautica stated.
Insignia Nautica acquired majority interest in the derelict Long Bay hotel and marina complex from PRM Realty Group of Chicago last July.
In December, the board of The West Indian Co., which owns some 7.5 acres of landfill adjacent to the four-acre hotel property, approved a long-term lease of that land to IN-USVI for development as part of the resort rehabilitation project.
IN-USVI submitted its CZM application — 800 pages of documents — in January and made a formal presentation to the committee on March 3. The proposal calls for the development of a new hotel and marina, retail and commercial facilities, and a boardwalk-style esplanade linking Havensight and Yacht Haven to downtown Charlotte Amalie. It also includes the rehabilitation of a public park at the west end of the WICO land.
CZM program director Janice Hodge told the committee that her staff found the redevelopment project consistent with the goals of the CZM program, the release stated. It quoted her as saying that "the granting of this permit for the proposed activity will clearly serve the public good, will be in the public interest and will not adversely affect the public health, safety and general welfare."
"This is a crucial step toward achieving final approval of this project," Andrew L. Farkas, IN-USVI chief executive, said. "We will continue to move ahead with our plans."
He said his company looks forward "to being a good neighbor and helping to enhance the territory's marine and tourism industries."
Plans call for razing all of the existing structures of the old hotel, which has stood largely abandoned since Hurricane Marilyn devastated the site in 1995. A local bank acquired the hotel and marina in bankruptcy proceedings and the property has changed hands three times since then.
Insignia Nautica announced earlier this month that its parent company, Insignia Financial Group Inc., has entered into an agreement to be acquired by CB Richard Ellis, a Los Angeles commercial property management firm. Insignia officials have said the planned corporate acquisition "in no way affects plans for the Yacht Haven development."
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The committee "voted to grant IN-USVI's CZM permits Thursday evening after a brief meeting," the release from Insignia Nautica stated.
Insignia Nautica acquired majority interest in the derelict Long Bay hotel and marina complex from PRM Realty Group of Chicago last July.
In December, the board of The West Indian Co., which owns some 7.5 acres of landfill adjacent to the four-acre hotel property, approved a long-term lease of that land to IN-USVI for development as part of the resort rehabilitation project.
IN-USVI submitted its CZM application — 800 pages of documents — in January and made a formal presentation to the committee on March 3. The proposal calls for the development of a new hotel and marina, retail and commercial facilities, and a boardwalk-style esplanade linking Havensight and Yacht Haven to downtown Charlotte Amalie. It also includes the rehabilitation of a public park at the west end of the WICO land.
CZM program director Janice Hodge told the committee that her staff found the redevelopment project consistent with the goals of the CZM program, the release stated. It quoted her as saying that "the granting of this permit for the proposed activity will clearly serve the public good, will be in the public interest and will not adversely affect the public health, safety and general welfare."
"This is a crucial step toward achieving final approval of this project," Andrew L. Farkas, IN-USVI chief executive, said. "We will continue to move ahead with our plans."
He said his company looks forward "to being a good neighbor and helping to enhance the territory's marine and tourism industries."
Plans call for razing all of the existing structures of the old hotel, which has stood largely abandoned since Hurricane Marilyn devastated the site in 1995. A local bank acquired the hotel and marina in bankruptcy proceedings and the property has changed hands three times since then.
Insignia Nautica announced earlier this month that its parent company, Insignia Financial Group Inc., has entered into an agreement to be acquired by CB Richard Ellis, a Los Angeles commercial property management firm. Insignia officials have said the planned corporate acquisition "in no way affects plans for the Yacht Haven development."
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SCHOOL BOARD SPLITS OVER VOTE TO OUST CHAIR
March 13, 2003 – Acrimony was the order of the day Thursday as accusations and barbs dominated a Board of Education meeting at which a motion was passed, 5-3, to oust Dr. Jorge "Tito" Galiber as chair.
There was disagreement as to whether the move was legal.
According to a release sent by the board executive director, Evadney Hodge, the meeting was called to "reorganize the board." Newly hired board attorney Nandi Sekou said a reorganization of the board requires a two-thirds majority vote. The five board members who presented a signed "Petition to Remove Chairman" maintained their position held water.
However, attorney Sekou said the vote on the petition was not valid. "The bylaws say the board may elect a chairman and vice chairman," she said, "and they may be replaced by members, but it doesn't specify how it should take place." She added: "In the absence of specifics, you must comply with 'Roberts Rules of Order.'" That reference work states that a two-thirds vote is necessary. For the nine-member board, that would be six votes.
Galiber was the only board member not present at the meeting. He had written the board secretary, Gerald E. Hodge Sr., on Monday stating that he would not be able to attend Thursday's meeting because of prior commitments. He said, in part, "Unlike you and Mr. Daniel, I am not a retiree and cannot meet on a whim."
He concluded by saying: "I wish the five of you would stop wasting the government's funds and work for the best interests of the children of the Virgin Islands."
Galiber sent an addendum to the letter noting that he had a clinic from 9 a.m. to 2 p.m. Thursday and saying he didn't understand "the rush to have this meeting."
The petition was signed by the board vice chair, Harry Daniel; Yvonne H. Williams-Henry; Gerald Hodge, former board chair Keith Richards; and Linda V. Thomas. It reads: "We, the undersigned and duly elected members of the V.I. Board of Education, have decided to remove Dr. Jorge Galiber from the position of chairman and place the current vice chairman as the acting chairman.
"This emergency action is necessary to protect the interest of the V.I. Board of Education the election of a new chairman will take place at the next scheduled board meeting."
One of the board members opposing the petition, Malik Sekou, said: "It's not a petition — it's a coup." He also told his colleagues that "what we did here today is wrong."
Also in opposition were St. Croix members Claudette Petersen and Terrence D. Joseph. Although Daniel and Richards claimed the petition had "been circulated" on St. Croix, Petersen, Joseph and Malik Sekou all said they had not received a copy.
"This is the first time I'm seeing it," Joseph said. Petersen and Malik Sekou concurred.
Richards said it was "not a document that had to go to all members."
According to reports in the V.I. Daily News, the board had been at odds with Galiber's management style. Some members were displeased by a press conference he called on March 5, apparently without consulting other members. At that time he announced the board had drafted teacher certification guidelines but would not say what they were. He also announced the hiring of Nandi Sekou, a report said, without stating when a vote was taken on that action.
Nandi Sekou is the ex-wife of Malik Sekou. She was hired to replace Ronald Russell, who resigned from the post after being elected to the 25th Legislature.
Malik Sekou called the vote on Thursday "morally and ethically unacceptable." He said: "It stinks to heaven. They show no courage. They wait until Tito [Galiber] can't make it. It lacks moral authority."
Petersen told the five: "The petition is obsolete. I'm a mom, not a politician. I want to go home now. You play dirty and you play rough."
Joseph, the board's public relations officer, questioned the vote. No agenda was presented, he said, which is not normal board procedure. "We need to validate the process; that's Boardship 101," he said.
Ignoring of counsel's advice an issue
All three opposing the vote raised the issue of why the board had hired an attorney, only to disregard her advice. "We hired her for her legal advice, and now we are ignoring her," Petersen said.
Daniel said the five who brought the petition "figure it's time to make a change, to move on. A majority has decided." His explanation was that "an ethical investigation can become a whole long story, and we didn't feel it was the thing to do. I think we're right; we elected the chair, and we have the right to remove him."
In answer to repeated calls for an explanation of why the five wanted Galiber replaced, Thomas said: "I will answer that. On numerous occasions, he has spoken for us, though the board has asked [him] time after time not to do so. He cannot speak for the whole board."
Shaking her head, she continued: "After this last time, I have had it. He placed the board in an embarrassing position. I have no apologies; it's time to move on."
Following the vote, Daniel, eliminating further discussion, banged the gavel and declared the meeting adjourned.
Afterward, Malik Sekou expressed disappointment and frustration. "We decided we wanted governance, and now we question the attorney, and she is correct," he said.
He also said the hiring of his ex-wife did not present a conflict of interest. "I was present for the vote for her, but I kept a very low key; I stepped back," he said. "I respect her professionally, and there is no conflict. We have been divorced for some time."
He also said there was "nothing secret" about the board hiring her. "It was not well organized, but it was no secret," he said.
Reconsideration to be sought
At the next school board meeting, Malik Sekou said, "I will use my political skills to get them to reconsider. Right now it's gloomy, negative, and the kids are the ones who will suffer. This is the third time they have tried this."
The other attempts took place in executive session, he said, adding, "We try to keep internal matters among ourselves."
He charged that the reason for Thursday's vote was "ambition, pettiness on some people's part," but he declined to name names.
Petersen and Joseph said they will back Malik Sekou in trying to get Daniel to reconsider the action. "We need proper procedures, without which we have total chaos," Joseph said after the meeting, lamenting the board action.
Petersen reiterated: "I am a mom. I'm about getting things done. What about the "No child Left Behind' program? We'll find ourselves in 2005 with no teachers unless we address the issues."
Gerald Hodge, asked about Malik Sekou's plan to ask for a reconsideration, said it was "very clear we had the right to remove him. I'm solid. I don't want to go into details. I'll stay above problems, but if I feel in my heart to correct a problem I have to act on it."
He challenged Nandi Sekou's comments. "Who is she representing? She came in representing Galiber. I could not tell a soul that that lady was representing the board today."
Daniel said later he would not change his mind on the vote. "That would be going backwards," he said. "We want to move forward with the board certification guidelines."
Daniel said the guidelines will be made public soon, possibly by the end of the month.
Galiber, a staff physician at Juan F. Luis Hospital, said later Thursday: "I really don't have any comment. I'm just hearing what they did now — I just finished seeing my last patient."
He said he would consult with his attorney and then make pu blic his plans.
Two years ago, Galiber replaced Richards, of St. Thomas, as board chair. The position rotates between the two districts every four years.
In another dispute, Petersen also took issue with the management style of Evadney Hodge. "If we're going to clean house," Petersen said during Thursday's meeting, "we need to get rid of the executive director."
Petersen had written to Galiber on March 8 lodging a formal complaint against Evadney Hodge, asking that an "investigation be conducted immediately."
Petersen said the executive director pits one board member against another and "acts as a board member. We have to be accountable to the public, not to her," she said.
Evadney Hodge's shortcomings, Petersen said, include "insubordination, failure to deal with the board members impartially, and failure to inform the board about pertinent information" concerning Education Department and Board of Education policies.
Hodge declined to comment on Petersen's letter after the meeting, other than to say that "it would be unethical to report on anything a board member said."
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There was disagreement as to whether the move was legal.
According to a release sent by the board executive director, Evadney Hodge, the meeting was called to "reorganize the board." Newly hired board attorney Nandi Sekou said a reorganization of the board requires a two-thirds majority vote. The five board members who presented a signed "Petition to Remove Chairman" maintained their position held water.
However, attorney Sekou said the vote on the petition was not valid. "The bylaws say the board may elect a chairman and vice chairman," she said, "and they may be replaced by members, but it doesn't specify how it should take place." She added: "In the absence of specifics, you must comply with 'Roberts Rules of Order.'" That reference work states that a two-thirds vote is necessary. For the nine-member board, that would be six votes.
Galiber was the only board member not present at the meeting. He had written the board secretary, Gerald E. Hodge Sr., on Monday stating that he would not be able to attend Thursday's meeting because of prior commitments. He said, in part, "Unlike you and Mr. Daniel, I am not a retiree and cannot meet on a whim."
He concluded by saying: "I wish the five of you would stop wasting the government's funds and work for the best interests of the children of the Virgin Islands."
Galiber sent an addendum to the letter noting that he had a clinic from 9 a.m. to 2 p.m. Thursday and saying he didn't understand "the rush to have this meeting."
The petition was signed by the board vice chair, Harry Daniel; Yvonne H. Williams-Henry; Gerald Hodge, former board chair Keith Richards; and Linda V. Thomas. It reads: "We, the undersigned and duly elected members of the V.I. Board of Education, have decided to remove Dr. Jorge Galiber from the position of chairman and place the current vice chairman as the acting chairman.
"This emergency action is necessary to protect the interest of the V.I. Board of Education the election of a new chairman will take place at the next scheduled board meeting."
One of the board members opposing the petition, Malik Sekou, said: "It's not a petition — it's a coup." He also told his colleagues that "what we did here today is wrong."
Also in opposition were St. Croix members Claudette Petersen and Terrence D. Joseph. Although Daniel and Richards claimed the petition had "been circulated" on St. Croix, Petersen, Joseph and Malik Sekou all said they had not received a copy.
"This is the first time I'm seeing it," Joseph said. Petersen and Malik Sekou concurred.
Richards said it was "not a document that had to go to all members."
According to reports in the V.I. Daily News, the board had been at odds with Galiber's management style. Some members were displeased by a press conference he called on March 5, apparently without consulting other members. At that time he announced the board had drafted teacher certification guidelines but would not say what they were. He also announced the hiring of Nandi Sekou, a report said, without stating when a vote was taken on that action.
Nandi Sekou is the ex-wife of Malik Sekou. She was hired to replace Ronald Russell, who resigned from the post after being elected to the 25th Legislature.
Malik Sekou called the vote on Thursday "morally and ethically unacceptable." He said: "It stinks to heaven. They show no courage. They wait until Tito [Galiber] can't make it. It lacks moral authority."
Petersen told the five: "The petition is obsolete. I'm a mom, not a politician. I want to go home now. You play dirty and you play rough."
Joseph, the board's public relations officer, questioned the vote. No agenda was presented, he said, which is not normal board procedure. "We need to validate the process; that's Boardship 101," he said.
Ignoring of counsel's advice an issue
All three opposing the vote raised the issue of why the board had hired an attorney, only to disregard her advice. "We hired her for her legal advice, and now we are ignoring her," Petersen said.
Daniel said the five who brought the petition "figure it's time to make a change, to move on. A majority has decided." His explanation was that "an ethical investigation can become a whole long story, and we didn't feel it was the thing to do. I think we're right; we elected the chair, and we have the right to remove him."
In answer to repeated calls for an explanation of why the five wanted Galiber replaced, Thomas said: "I will answer that. On numerous occasions, he has spoken for us, though the board has asked [him] time after time not to do so. He cannot speak for the whole board."
Shaking her head, she continued: "After this last time, I have had it. He placed the board in an embarrassing position. I have no apologies; it's time to move on."
Following the vote, Daniel, eliminating further discussion, banged the gavel and declared the meeting adjourned.
Afterward, Malik Sekou expressed disappointment and frustration. "We decided we wanted governance, and now we question the attorney, and she is correct," he said.
He also said the hiring of his ex-wife did not present a conflict of interest. "I was present for the vote for her, but I kept a very low key; I stepped back," he said. "I respect her professionally, and there is no conflict. We have been divorced for some time."
He also said there was "nothing secret" about the board hiring her. "It was not well organized, but it was no secret," he said.
Reconsideration to be sought
At the next school board meeting, Malik Sekou said, "I will use my political skills to get them to reconsider. Right now it's gloomy, negative, and the kids are the ones who will suffer. This is the third time they have tried this."
The other attempts took place in executive session, he said, adding, "We try to keep internal matters among ourselves."
He charged that the reason for Thursday's vote was "ambition, pettiness on some people's part," but he declined to name names.
Petersen and Joseph said they will back Malik Sekou in trying to get Daniel to reconsider the action. "We need proper procedures, without which we have total chaos," Joseph said after the meeting, lamenting the board action.
Petersen reiterated: "I am a mom. I'm about getting things done. What about the "No child Left Behind' program? We'll find ourselves in 2005 with no teachers unless we address the issues."
Gerald Hodge, asked about Malik Sekou's plan to ask for a reconsideration, said it was "very clear we had the right to remove him. I'm solid. I don't want to go into details. I'll stay above problems, but if I feel in my heart to correct a problem I have to act on it."
He challenged Nandi Sekou's comments. "Who is she representing? She came in representing Galiber. I could not tell a soul that that lady was representing the board today."
Daniel said later he would not change his mind on the vote. "That would be going backwards," he said. "We want to move forward with the board certification guidelines."
Daniel said the guidelines will be made public soon, possibly by the end of the month.
Galiber, a staff physician at Juan F. Luis Hospital, said later Thursday: "I really don't have any comment. I'm just hearing what they did now — I just finished seeing my last patient."
He said he would consult with his attorney and then make pu blic his plans.
Two years ago, Galiber replaced Richards, of St. Thomas, as board chair. The position rotates between the two districts every four years.
In another dispute, Petersen also took issue with the management style of Evadney Hodge. "If we're going to clean house," Petersen said during Thursday's meeting, "we need to get rid of the executive director."
Petersen had written to Galiber on March 8 lodging a formal complaint against Evadney Hodge, asking that an "investigation be conducted immediately."
Petersen said the executive director pits one board member against another and "acts as a board member. We have to be accountable to the public, not to her," she said.
Evadney Hodge's shortcomings, Petersen said, include "insubordination, failure to deal with the board members impartially, and failure to inform the board about pertinent information" concerning Education Department and Board of Education policies.
Hodge declined to comment on Petersen's letter after the meeting, other than to say that "it would be unethical to report on anything a board member said."
Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
SCHOOL BOARD SPLITS OVER VOTE TO OUST CHAIR
March 13, 2003 – Acrimony was the order of the day Thursday as accusations and barbs dominated a Board of Education meeting at which a motion was passed, 5-3, to oust Dr. Jorge "Tito" Galiber as chair.
There was disagreement as to whether the move was legal.
According to a release sent by the board executive director, Evadney Hodge, the meeting was called to "reorganize the board." Newly hired board attorney Nandi Sekou said a reorganization of the board requires a two-thirds majority vote. The five board members who presented a signed "Petition to Remove Chairman" maintained their position held water.
However, attorney Sekou said the vote on the petition was not valid. "The bylaws say the board may elect a chairman and vice chairman," she said, "and they may be replaced by members, but it doesn't specify how it should take place." She added: "In the absence of specifics, you must comply with 'Roberts Rules of Order.'" That reference work states that a two-thirds vote is necessary. For the nine-member board, that would be six votes.
Galiber was the only board member not present at the meeting. He had written the board secretary, Gerald E. Hodge Sr., on Monday stating that he would not be able to attend Thursday's meeting because of prior commitments. He said, in part, "Unlike you and Mr. Daniel, I am not a retiree and cannot meet on a whim."
He concluded by saying: "I wish the five of you would stop wasting the government's funds and work for the best interests of the children of the Virgin Islands."
Galiber sent an addendum to the letter noting that he had a clinic from 9 a.m. to 2 p.m. Thursday and saying he didn't understand "the rush to have this meeting."
The petition was signed by the board vice chair, Harry Daniel; Yvonne H. Williams-Henry; Gerald Hodge, former board chair Keith Richards; and Linda V. Thomas. It reads: "We, the undersigned and duly elected members of the V.I. Board of Education, have decided to remove Dr. Jorge Galiber from the position of chairman and place the current vice chairman as the acting chairman.
"This emergency action is necessary to protect the interest of the V.I. Board of Education the election of a new chairman will take place at the next scheduled board meeting."
One of the board members opposing the petition, Malik Sekou, said: "It's not a petition — it's a coup." He also told his colleagues that "what we did here today is wrong."
Also in opposition were St. Croix members Claudette Petersen and Terrence D. Joseph. Although Daniel and Richards claimed the petition had "been circulated" on St. Croix, Petersen, Joseph and Malik Sekou all said they had not received a copy.
"This is the first time I'm seeing it," Joseph said. Petersen and Malik Sekou concurred.
Richards said it was "not a document that had to go to all members."
According to reports in the V.I. Daily News, the board had been at odds with Galiber's management style. Some members were displeased by a press conference he called on March 5, apparently without consulting other members. At that time he announced the board had drafted teacher certification guidelines but would not say what they were. He also announced the hiring of Nandi Sekou, a report said, without stating when a vote was taken on that action.
Nandi Sekou is the ex-wife of Malik Sekou. She was hired to replace Ronald Russell, who resigned from the post after being elected to the 25th Legislature.
Malik Sekou called the vote on Thursday "morally and ethically unacceptable." He said: "It stinks to heaven. They show no courage. They wait until Tito [Galiber] can't make it. It lacks moral authority."
Petersen told the five: "The petition is obsolete. I'm a mom, not a politician. I want to go home now. You play dirty and you play rough."
Joseph, the board's public relations officer, questioned the vote. No agenda was presented, he said, which is not normal board procedure. "We need to validate the process; that's Boardship 101," he said.
Ignoring of counsel's advice an issue
All three opposing the vote raised the issue of why the board had hired an attorney, only to disregard her advice. "We hired her for her legal advice, and now we are ignoring her," Petersen said.
Daniel said the five who brought the petition "figure it's time to make a change, to move on. A majority has decided." His explanation was that "an ethical investigation can become a whole long story, and we didn't feel it was the thing to do. I think we're right; we elected the chair, and we have the right to remove him."
In answer to repeated calls for an explanation of why the five wanted Galiber replaced, Thomas said: "I will answer that. On numerous occasions, he has spoken for us, though the board has asked [him] time after time not to do so. He cannot speak for the whole board."
Shaking her head, she continued: "After this last time, I have had it. He placed the board in an embarrassing position. I have no apologies; it's time to move on."
Following the vote, Daniel, eliminating further discussion, banged the gavel and declared the meeting adjourned.
Afterward, Malik Sekou expressed disappointment and frustration. "We decided we wanted governance, and now we question the attorney, and she is correct," he said.
He also said the hiring of his ex-wife did not present a conflict of interest. "I was present for the vote for her, but I kept a very low key; I stepped back," he said. "I respect her professionally, and there is no conflict. We have been divorced for some time."
He also said there was "nothing secret" about the board hiring her. "It was not well organized, but it was no secret," he said.
Reconsideration to be sought
At the next school board meeting, Malik Sekou said, "I will use my political skills to get them to reconsider. Right now it's gloomy, negative, and the kids are the ones who will suffer. This is the third time they have tried this."
The other attempts took place in executive session, he said, adding, "We try to keep internal matters among ourselves."
He charged that the reason for Thursday's vote was "ambition, pettiness on some people's part," but he declined to name names.
Petersen and Joseph said they will back Malik Sekou in trying to get Daniel to reconsider the action. "We need proper procedures, without which we have total chaos," Joseph said after the meeting, lamenting the board action.
Petersen reiterated: "I am a mom. I'm about getting things done. What about the "No child Left Behind' program? We'll find ourselves in 2005 with no teachers unless we address the issues."
Gerald Hodge, asked about Malik Sekou's plan to ask for a reconsideration, said it was "very clear we had the right to remove him. I'm solid. I don't want to go into details. I'll stay above problems, but if I feel in my heart to correct a problem I have to act on it."
He challenged Nandi Sekou's comments. "Who is she representing? She came in representing Galiber. I could not tell a soul that that lady was representing the board today."
Daniel said later he would not change his mind on the vote. "That would be going backwards," he said. "We want to move forward with the board certification guidelines."
Daniel said the guidelines will be made public soon, possibly by the end of the month.
Galiber, a staff physician at Juan F. Luis Hospital, said later Thursday: "I really don't have any comment. I'm just hearing what they did now — I just finished seeing my last patient."
He said he would consult with his attorney and then make pu blic his plans.
Two years ago, Galiber replaced Richards, of St. Thomas, as board chair. The position rotates between the two districts every four years.
In another dispute, Petersen also took issue with the management style of Evadney Hodge. "If we're going to clean house," Petersen said during Thursday's meeting, "we need to get rid of the executive director."
Petersen had written to Galiber on March 8 lodging a formal complaint against Evadney Hodge, asking that an "investigation be conducted immediately."
Petersen said the executive director pits one board member against another and "acts as a board member. We have to be accountable to the public, not to her," she said.
Evadney Hodge's shortcomings, Petersen said, include "insubordination, failure to deal with the board members impartially, and failure to inform the board about pertinent information" concerning Education Department and Board of Education policies.
Hodge declined to comment on Petersen's letter after the meeting, other than to say that "it would be unethical to report on anything a board member said."
Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
There was disagreement as to whether the move was legal.
According to a release sent by the board executive director, Evadney Hodge, the meeting was called to "reorganize the board." Newly hired board attorney Nandi Sekou said a reorganization of the board requires a two-thirds majority vote. The five board members who presented a signed "Petition to Remove Chairman" maintained their position held water.
However, attorney Sekou said the vote on the petition was not valid. "The bylaws say the board may elect a chairman and vice chairman," she said, "and they may be replaced by members, but it doesn't specify how it should take place." She added: "In the absence of specifics, you must comply with 'Roberts Rules of Order.'" That reference work states that a two-thirds vote is necessary. For the nine-member board, that would be six votes.
Galiber was the only board member not present at the meeting. He had written the board secretary, Gerald E. Hodge Sr., on Monday stating that he would not be able to attend Thursday's meeting because of prior commitments. He said, in part, "Unlike you and Mr. Daniel, I am not a retiree and cannot meet on a whim."
He concluded by saying: "I wish the five of you would stop wasting the government's funds and work for the best interests of the children of the Virgin Islands."
Galiber sent an addendum to the letter noting that he had a clinic from 9 a.m. to 2 p.m. Thursday and saying he didn't understand "the rush to have this meeting."
The petition was signed by the board vice chair, Harry Daniel; Yvonne H. Williams-Henry; Gerald Hodge, former board chair Keith Richards; and Linda V. Thomas. It reads: "We, the undersigned and duly elected members of the V.I. Board of Education, have decided to remove Dr. Jorge Galiber from the position of chairman and place the current vice chairman as the acting chairman.
"This emergency action is necessary to protect the interest of the V.I. Board of Education the election of a new chairman will take place at the next scheduled board meeting."
One of the board members opposing the petition, Malik Sekou, said: "It's not a petition — it's a coup." He also told his colleagues that "what we did here today is wrong."
Also in opposition were St. Croix members Claudette Petersen and Terrence D. Joseph. Although Daniel and Richards claimed the petition had "been circulated" on St. Croix, Petersen, Joseph and Malik Sekou all said they had not received a copy.
"This is the first time I'm seeing it," Joseph said. Petersen and Malik Sekou concurred.
Richards said it was "not a document that had to go to all members."
According to reports in the V.I. Daily News, the board had been at odds with Galiber's management style. Some members were displeased by a press conference he called on March 5, apparently without consulting other members. At that time he announced the board had drafted teacher certification guidelines but would not say what they were. He also announced the hiring of Nandi Sekou, a report said, without stating when a vote was taken on that action.
Nandi Sekou is the ex-wife of Malik Sekou. She was hired to replace Ronald Russell, who resigned from the post after being elected to the 25th Legislature.
Malik Sekou called the vote on Thursday "morally and ethically unacceptable." He said: "It stinks to heaven. They show no courage. They wait until Tito [Galiber] can't make it. It lacks moral authority."
Petersen told the five: "The petition is obsolete. I'm a mom, not a politician. I want to go home now. You play dirty and you play rough."
Joseph, the board's public relations officer, questioned the vote. No agenda was presented, he said, which is not normal board procedure. "We need to validate the process; that's Boardship 101," he said.
Ignoring of counsel's advice an issue
All three opposing the vote raised the issue of why the board had hired an attorney, only to disregard her advice. "We hired her for her legal advice, and now we are ignoring her," Petersen said.
Daniel said the five who brought the petition "figure it's time to make a change, to move on. A majority has decided." His explanation was that "an ethical investigation can become a whole long story, and we didn't feel it was the thing to do. I think we're right; we elected the chair, and we have the right to remove him."
In answer to repeated calls for an explanation of why the five wanted Galiber replaced, Thomas said: "I will answer that. On numerous occasions, he has spoken for us, though the board has asked [him] time after time not to do so. He cannot speak for the whole board."
Shaking her head, she continued: "After this last time, I have had it. He placed the board in an embarrassing position. I have no apologies; it's time to move on."
Following the vote, Daniel, eliminating further discussion, banged the gavel and declared the meeting adjourned.
Afterward, Malik Sekou expressed disappointment and frustration. "We decided we wanted governance, and now we question the attorney, and she is correct," he said.
He also said the hiring of his ex-wife did not present a conflict of interest. "I was present for the vote for her, but I kept a very low key; I stepped back," he said. "I respect her professionally, and there is no conflict. We have been divorced for some time."
He also said there was "nothing secret" about the board hiring her. "It was not well organized, but it was no secret," he said.
Reconsideration to be sought
At the next school board meeting, Malik Sekou said, "I will use my political skills to get them to reconsider. Right now it's gloomy, negative, and the kids are the ones who will suffer. This is the third time they have tried this."
The other attempts took place in executive session, he said, adding, "We try to keep internal matters among ourselves."
He charged that the reason for Thursday's vote was "ambition, pettiness on some people's part," but he declined to name names.
Petersen and Joseph said they will back Malik Sekou in trying to get Daniel to reconsider the action. "We need proper procedures, without which we have total chaos," Joseph said after the meeting, lamenting the board action.
Petersen reiterated: "I am a mom. I'm about getting things done. What about the "No child Left Behind' program? We'll find ourselves in 2005 with no teachers unless we address the issues."
Gerald Hodge, asked about Malik Sekou's plan to ask for a reconsideration, said it was "very clear we had the right to remove him. I'm solid. I don't want to go into details. I'll stay above problems, but if I feel in my heart to correct a problem I have to act on it."
He challenged Nandi Sekou's comments. "Who is she representing? She came in representing Galiber. I could not tell a soul that that lady was representing the board today."
Daniel said later he would not change his mind on the vote. "That would be going backwards," he said. "We want to move forward with the board certification guidelines."
Daniel said the guidelines will be made public soon, possibly by the end of the month.
Galiber, a staff physician at Juan F. Luis Hospital, said later Thursday: "I really don't have any comment. I'm just hearing what they did now — I just finished seeing my last patient."
He said he would consult with his attorney and then make pu blic his plans.
Two years ago, Galiber replaced Richards, of St. Thomas, as board chair. The position rotates between the two districts every four years.
In another dispute, Petersen also took issue with the management style of Evadney Hodge. "If we're going to clean house," Petersen said during Thursday's meeting, "we need to get rid of the executive director."
Petersen had written to Galiber on March 8 lodging a formal complaint against Evadney Hodge, asking that an "investigation be conducted immediately."
Petersen said the executive director pits one board member against another and "acts as a board member. We have to be accountable to the public, not to her," she said.
Evadney Hodge's shortcomings, Petersen said, include "insubordination, failure to deal with the board members impartially, and failure to inform the board about pertinent information" concerning Education Department and Board of Education policies.
Hodge declined to comment on Petersen's letter after the meeting, other than to say that "it would be unethical to report on anything a board member said."
Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
SCHOOL BOARD SPLITS OVER VOTE TO OUST CHAIR
March 13, 2003 – Acrimony was the order of the day Thursday as accusations and barbs dominated a Board of Education meeting at which a motion was passed, 5-3, to oust Dr. Jorge "Tito" Galiber as chair.
There was disagreement as to whether the move was legal.
According to a release sent by the board executive director, Evadney Hodge, the meeting was called to "reorganize the board." Newly hired board attorney Nandi Sekou said a reorganization of the board requires a two-thirds majority vote. The five board members who presented a signed "Petition to Remove Chairman" maintained their position held water.
However, attorney Sekou said the vote on the petition was not valid. "The bylaws say the board may elect a chairman and vice chairman," she said, "and they may be replaced by members, but it doesn't specify how it should take place." She added: "In the absence of specifics, you must comply with 'Roberts Rules of Order.'" That reference work states that a two-thirds vote is necessary. For the nine-member board, that would be six votes.
Galiber was the only board member not present at the meeting. He had written the board secretary, Gerald E. Hodge Sr., on Monday stating that he would not be able to attend Thursday's meeting because of prior commitments. He said, in part, "Unlike you and Mr. Daniel, I am not a retiree and cannot meet on a whim."
He concluded by saying: "I wish the five of you would stop wasting the government's funds and work for the best interests of the children of the Virgin Islands."
Galiber sent an addendum to the letter noting that he had a clinic from 9 a.m. to 2 p.m. Thursday and saying he didn't understand "the rush to have this meeting."
The petition was signed by the board vice chair, Harry Daniel; Yvonne H. Williams-Henry; Gerald Hodge, former board chair Keith Richards; and Linda V. Thomas. It reads: "We, the undersigned and duly elected members of the V.I. Board of Education, have decided to remove Dr. Jorge Galiber from the position of chairman and place the current vice chairman as the acting chairman.
"This emergency action is necessary to protect the interest of the V.I. Board of Education the election of a new chairman will take place at the next scheduled board meeting."
One of the board members opposing the petition, Malik Sekou, said: "It's not a petition — it's a coup." He also told his colleagues that "what we did here today is wrong."
Also in opposition were St. Croix members Claudette Petersen and Terrence D. Joseph. Although Daniel and Richards claimed the petition had "been circulated" on St. Croix, Petersen, Joseph and Malik Sekou all said they had not received a copy.
"This is the first time I'm seeing it," Joseph said. Petersen and Malik Sekou concurred.
Richards said it was "not a document that had to go to all members."
According to reports in the V.I. Daily News, the board had been at odds with Galiber's management style. Some members were displeased by a press conference he called on March 5, apparently without consulting other members. At that time he announced the board had drafted teacher certification guidelines but would not say what they were. He also announced the hiring of Nandi Sekou, a report said, without stating when a vote was taken on that action.
Nandi Sekou is the ex-wife of Malik Sekou. She was hired to replace Ronald Russell, who resigned from the post after being elected to the 25th Legislature.
Malik Sekou called the vote on Thursday "morally and ethically unacceptable." He said: "It stinks to heaven. They show no courage. They wait until Tito [Galiber] can't make it. It lacks moral authority."
Petersen told the five: "The petition is obsolete. I'm a mom, not a politician. I want to go home now. You play dirty and you play rough."
Joseph, the board's public relations officer, questioned the vote. No agenda was presented, he said, which is not normal board procedure. "We need to validate the process; that's Boardship 101," he said.
Ignoring of counsel's advice an issue
All three opposing the vote raised the issue of why the board had hired an attorney, only to disregard her advice. "We hired her for her legal advice, and now we are ignoring her," Petersen said.
Daniel said the five who brought the petition "figure it's time to make a change, to move on. A majority has decided." His explanation was that "an ethical investigation can become a whole long story, and we didn't feel it was the thing to do. I think we're right; we elected the chair, and we have the right to remove him."
In answer to repeated calls for an explanation of why the five wanted Galiber replaced, Thomas said: "I will answer that. On numerous occasions, he has spoken for us, though the board has asked [him] time after time not to do so. He cannot speak for the whole board."
Shaking her head, she continued: "After this last time, I have had it. He placed the board in an embarrassing position. I have no apologies; it's time to move on."
Following the vote, Daniel, eliminating further discussion, banged the gavel and declared the meeting adjourned.
Afterward, Malik Sekou expressed disappointment and frustration. "We decided we wanted governance, and now we question the attorney, and she is correct," he said.
He also said the hiring of his ex-wife did not present a conflict of interest. "I was present for the vote for her, but I kept a very low key; I stepped back," he said. "I respect her professionally, and there is no conflict. We have been divorced for some time."
He also said there was "nothing secret" about the board hiring her. "It was not well organized, but it was no secret," he said.
Reconsideration to be sought
At the next school board meeting, Malik Sekou said, "I will use my political skills to get them to reconsider. Right now it's gloomy, negative, and the kids are the ones who will suffer. This is the third time they have tried this."
The other attempts took place in executive session, he said, adding, "We try to keep internal matters among ourselves."
He charged that the reason for Thursday's vote was "ambition, pettiness on some people's part," but he declined to name names.
Petersen and Joseph said they will back Malik Sekou in trying to get Daniel to reconsider the action. "We need proper procedures, without which we have total chaos," Joseph said after the meeting, lamenting the board action.
Petersen reiterated: "I am a mom. I'm about getting things done. What about the "No child Left Behind' program? We'll find ourselves in 2005 with no teachers unless we address the issues."
Gerald Hodge, asked about Malik Sekou's plan to ask for a reconsideration, said it was "very clear we had the right to remove him. I'm solid. I don't want to go into details. I'll stay above problems, but if I feel in my heart to correct a problem I have to act on it."
He challenged Nandi Sekou's comments. "Who is she representing? She came in representing Galiber. I could not tell a soul that that lady was representing the board today."
Daniel said later he would not change his mind on the vote. "That would be going backwards," he said. "We want to move forward with the board certification guidelines."
Daniel said the guidelines will be made public soon, possibly by the end of the month.
Galiber, a staff physician at Juan F. Luis Hospital, said later Thursday: "I really don't have any comment. I'm just hearing what they did now — I just finished seeing my last patient."
He said he would consult with his attorney and then make pu blic his plans.
Two years ago, Galiber replaced Richards, of St. Thomas, as board chair. The position rotates between the two districts every four years.
In another dispute, Petersen also took issue with the management style of Evadney Hodge. "If we're going to clean house," Petersen said during Thursday's meeting, "we need to get rid of the executive director."
Petersen had written to Galiber on March 8 lodging a formal complaint against Evadney Hodge, asking that an "investigation be conducted immediately."
Petersen said the executive director pits one board member against another and "acts as a board member. We have to be accountable to the public, not to her," she said.
Evadney Hodge's shortcomings, Petersen said, include "insubordination, failure to deal with the board members impartially, and failure to inform the board about pertinent information" concerning Education Department and Board of Education policies.
Hodge later declined to comment on Petersen's letter after the meeting, other than to say that "it would be unethical to report on anything a board member said."
Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
There was disagreement as to whether the move was legal.
According to a release sent by the board executive director, Evadney Hodge, the meeting was called to "reorganize the board." Newly hired board attorney Nandi Sekou said a reorganization of the board requires a two-thirds majority vote. The five board members who presented a signed "Petition to Remove Chairman" maintained their position held water.
However, attorney Sekou said the vote on the petition was not valid. "The bylaws say the board may elect a chairman and vice chairman," she said, "and they may be replaced by members, but it doesn't specify how it should take place." She added: "In the absence of specifics, you must comply with 'Roberts Rules of Order.'" That reference work states that a two-thirds vote is necessary. For the nine-member board, that would be six votes.
Galiber was the only board member not present at the meeting. He had written the board secretary, Gerald E. Hodge Sr., on Monday stating that he would not be able to attend Thursday's meeting because of prior commitments. He said, in part, "Unlike you and Mr. Daniel, I am not a retiree and cannot meet on a whim."
He concluded by saying: "I wish the five of you would stop wasting the government's funds and work for the best interests of the children of the Virgin Islands."
Galiber sent an addendum to the letter noting that he had a clinic from 9 a.m. to 2 p.m. Thursday and saying he didn't understand "the rush to have this meeting."
The petition was signed by the board vice chair, Harry Daniel; Yvonne H. Williams-Henry; Gerald Hodge, former board chair Keith Richards; and Linda V. Thomas. It reads: "We, the undersigned and duly elected members of the V.I. Board of Education, have decided to remove Dr. Jorge Galiber from the position of chairman and place the current vice chairman as the acting chairman.
"This emergency action is necessary to protect the interest of the V.I. Board of Education the election of a new chairman will take place at the next scheduled board meeting."
One of the board members opposing the petition, Malik Sekou, said: "It's not a petition — it's a coup." He also told his colleagues that "what we did here today is wrong."
Also in opposition were St. Croix members Claudette Petersen and Terrence D. Joseph. Although Daniel and Richards claimed the petition had "been circulated" on St. Croix, Petersen, Joseph and Malik Sekou all said they had not received a copy.
"This is the first time I'm seeing it," Joseph said. Petersen and Malik Sekou concurred.
Richards said it was "not a document that had to go to all members."
According to reports in the V.I. Daily News, the board had been at odds with Galiber's management style. Some members were displeased by a press conference he called on March 5, apparently without consulting other members. At that time he announced the board had drafted teacher certification guidelines but would not say what they were. He also announced the hiring of Nandi Sekou, a report said, without stating when a vote was taken on that action.
Nandi Sekou is the ex-wife of Malik Sekou. She was hired to replace Ronald Russell, who resigned from the post after being elected to the 25th Legislature.
Malik Sekou called the vote on Thursday "morally and ethically unacceptable." He said: "It stinks to heaven. They show no courage. They wait until Tito [Galiber] can't make it. It lacks moral authority."
Petersen told the five: "The petition is obsolete. I'm a mom, not a politician. I want to go home now. You play dirty and you play rough."
Joseph, the board's public relations officer, questioned the vote. No agenda was presented, he said, which is not normal board procedure. "We need to validate the process; that's Boardship 101," he said.
Ignoring of counsel's advice an issue
All three opposing the vote raised the issue of why the board had hired an attorney, only to disregard her advice. "We hired her for her legal advice, and now we are ignoring her," Petersen said.
Daniel said the five who brought the petition "figure it's time to make a change, to move on. A majority has decided." His explanation was that "an ethical investigation can become a whole long story, and we didn't feel it was the thing to do. I think we're right; we elected the chair, and we have the right to remove him."
In answer to repeated calls for an explanation of why the five wanted Galiber replaced, Thomas said: "I will answer that. On numerous occasions, he has spoken for us, though the board has asked [him] time after time not to do so. He cannot speak for the whole board."
Shaking her head, she continued: "After this last time, I have had it. He placed the board in an embarrassing position. I have no apologies; it's time to move on."
Following the vote, Daniel, eliminating further discussion, banged the gavel and declared the meeting adjourned.
Afterward, Malik Sekou expressed disappointment and frustration. "We decided we wanted governance, and now we question the attorney, and she is correct," he said.
He also said the hiring of his ex-wife did not present a conflict of interest. "I was present for the vote for her, but I kept a very low key; I stepped back," he said. "I respect her professionally, and there is no conflict. We have been divorced for some time."
He also said there was "nothing secret" about the board hiring her. "It was not well organized, but it was no secret," he said.
Reconsideration to be sought
At the next school board meeting, Malik Sekou said, "I will use my political skills to get them to reconsider. Right now it's gloomy, negative, and the kids are the ones who will suffer. This is the third time they have tried this."
The other attempts took place in executive session, he said, adding, "We try to keep internal matters among ourselves."
He charged that the reason for Thursday's vote was "ambition, pettiness on some people's part," but he declined to name names.
Petersen and Joseph said they will back Malik Sekou in trying to get Daniel to reconsider the action. "We need proper procedures, without which we have total chaos," Joseph said after the meeting, lamenting the board action.
Petersen reiterated: "I am a mom. I'm about getting things done. What about the "No child Left Behind' program? We'll find ourselves in 2005 with no teachers unless we address the issues."
Gerald Hodge, asked about Malik Sekou's plan to ask for a reconsideration, said it was "very clear we had the right to remove him. I'm solid. I don't want to go into details. I'll stay above problems, but if I feel in my heart to correct a problem I have to act on it."
He challenged Nandi Sekou's comments. "Who is she representing? She came in representing Galiber. I could not tell a soul that that lady was representing the board today."
Daniel said later he would not change his mind on the vote. "That would be going backwards," he said. "We want to move forward with the board certification guidelines."
Daniel said the guidelines will be made public soon, possibly by the end of the month.
Galiber, a staff physician at Juan F. Luis Hospital, said later Thursday: "I really don't have any comment. I'm just hearing what they did now — I just finished seeing my last patient."
He said he would consult with his attorney and then make pu blic his plans.
Two years ago, Galiber replaced Richards, of St. Thomas, as board chair. The position rotates between the two districts every four years.
In another dispute, Petersen also took issue with the management style of Evadney Hodge. "If we're going to clean house," Petersen said during Thursday's meeting, "we need to get rid of the executive director."
Petersen had written to Galiber on March 8 lodging a formal complaint against Evadney Hodge, asking that an "investigation be conducted immediately."
Petersen said the executive director pits one board member against another and "acts as a board member. We have to be accountable to the public, not to her," she said.
Evadney Hodge's shortcomings, Petersen said, include "insubordination, failure to deal with the board members impartially, and failure to inform the board about pertinent information" concerning Education Department and Board of Education policies.
Hodge later declined to comment on Petersen's letter after the meeting, other than to say that "it would be unethical to report on anything a board member said."
Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
RULING ALLOWS HARASSMENT CASE TO PROCEED
March 13, 2003 – A federal judge has given the go-ahead for a 1999 sexual harassment case to proceed against former acting Tourism commissioner Clement "Cain" Magras.
District Judge Raymond Finch said in a ruling issued on Tuesday that the Attorney General's Office could represent Magras in his capacity as a government official and also as an individual.
A hearing scheduled for later this month will set the dormant case in motion again, once a magistrate provides lawyers with a timetable to present their arguments. Attorneys for Magras said the case has been at a standstill for three years awaiting a decision as to their latitude in representing their client.
Plaintiff Heather Carty brought charges against Magras both in his capacity as acting Tourism commissioner and in his role as a private citizen. When the Attorney General's Office moved to defend him in both capacities, Carty's lawyer objected, saying that government lawyers were stepping outside of their legal jurisdiction in representing the private citizen Magras.
In his decision, Finch said the Justice Department has "broad authority" which allows it to defend Magras in both regards.
"Finch has issued a ruling allowing the Attorney General's office to take action," Assistant Attorney General Kerry Drue said on Wednesday.
Drue said the ruling also paves the way for the Justice Department to countersue Carty for defamation and emotional damage, alleging that "some of the assertions made in the complaint prevented him from becoming confirmed as Tourism commissioner."
Carty filed her initial complaint on April 27, 1999, immediately after the Senate Rules Committee approved Magras's nomination by Gov. Charles W. Turnbull to become Tourism commissioner.
Turnbull said in broadcast remarks on May 31 that Attorney General Iver Stridiron, whom he had asked to look into the charges against Magras, "said he could find nothing" that would call for the governor to withdraw the nomination.
The full Senate rejected the nomination on June 17. Various tourism sector entities had gone on record as opposing the nomination because, they said, Magras lacked both expertise and experience for the position. St. Croix hospitality officials expressed concern that he would not represent their island's interests.
Carty's attorney, Lee J. Rohn, said on Thursday that she is glad the wait is over and that she is confident the case will be decided in favor of her client.
According to Carty, the alleged incident that triggered her complaint took place on Feb. 5, 1999, on St. Croix. She said Magras invited her out to dinner, then invited her to his hotel room to use the telephone after she had received a message on her pager as they were traveling.
Carty alleges that after she used the phone she was accosted by Magras and that he grabbed her and fondled her.
Drue said Magras gives a different account of events: that he answered a knock on the door of his hotel room to find Carty standing there, and that this surprised him because they had agreed to meet elsewhere on their way to dinner at the Galleon Restaurant.
Carty initially filed sexual harassment complaints with the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission. In the case before District Court, she is charging civil rights violations — specifically, employment discrimination — under Title VII of the 1964 Civil Rights Act.
At the time the incident is alleged to have occurred, Carty was employed in the Tourism Department as project coordinator on St. Croix. Rohn said she it still on the job with the department.
Magras, a longtime Democratic Party stalwart and former senator and Licensing and Consumer Affairs commissioner, left the territory after the Senate rejected his nomination. After living for two years in Florida, he returned to the territory and assumed the position of associate director of federal grants in the Office of Management and Budget on May 8, 2001. (See "'Cain' Magras back with $54K government job".)
Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
District Judge Raymond Finch said in a ruling issued on Tuesday that the Attorney General's Office could represent Magras in his capacity as a government official and also as an individual.
A hearing scheduled for later this month will set the dormant case in motion again, once a magistrate provides lawyers with a timetable to present their arguments. Attorneys for Magras said the case has been at a standstill for three years awaiting a decision as to their latitude in representing their client.
Plaintiff Heather Carty brought charges against Magras both in his capacity as acting Tourism commissioner and in his role as a private citizen. When the Attorney General's Office moved to defend him in both capacities, Carty's lawyer objected, saying that government lawyers were stepping outside of their legal jurisdiction in representing the private citizen Magras.
In his decision, Finch said the Justice Department has "broad authority" which allows it to defend Magras in both regards.
"Finch has issued a ruling allowing the Attorney General's office to take action," Assistant Attorney General Kerry Drue said on Wednesday.
Drue said the ruling also paves the way for the Justice Department to countersue Carty for defamation and emotional damage, alleging that "some of the assertions made in the complaint prevented him from becoming confirmed as Tourism commissioner."
Carty filed her initial complaint on April 27, 1999, immediately after the Senate Rules Committee approved Magras's nomination by Gov. Charles W. Turnbull to become Tourism commissioner.
Turnbull said in broadcast remarks on May 31 that Attorney General Iver Stridiron, whom he had asked to look into the charges against Magras, "said he could find nothing" that would call for the governor to withdraw the nomination.
The full Senate rejected the nomination on June 17. Various tourism sector entities had gone on record as opposing the nomination because, they said, Magras lacked both expertise and experience for the position. St. Croix hospitality officials expressed concern that he would not represent their island's interests.
Carty's attorney, Lee J. Rohn, said on Thursday that she is glad the wait is over and that she is confident the case will be decided in favor of her client.
According to Carty, the alleged incident that triggered her complaint took place on Feb. 5, 1999, on St. Croix. She said Magras invited her out to dinner, then invited her to his hotel room to use the telephone after she had received a message on her pager as they were traveling.
Carty alleges that after she used the phone she was accosted by Magras and that he grabbed her and fondled her.
Drue said Magras gives a different account of events: that he answered a knock on the door of his hotel room to find Carty standing there, and that this surprised him because they had agreed to meet elsewhere on their way to dinner at the Galleon Restaurant.
Carty initially filed sexual harassment complaints with the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission. In the case before District Court, she is charging civil rights violations — specifically, employment discrimination — under Title VII of the 1964 Civil Rights Act.
At the time the incident is alleged to have occurred, Carty was employed in the Tourism Department as project coordinator on St. Croix. Rohn said she it still on the job with the department.
Magras, a longtime Democratic Party stalwart and former senator and Licensing and Consumer Affairs commissioner, left the territory after the Senate rejected his nomination. After living for two years in Florida, he returned to the territory and assumed the position of associate director of federal grants in the Office of Management and Budget on May 8, 2001. (See "'Cain' Magras back with $54K government job".)
Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
RULING ALLOWS HARASSMENT CASE TO PROCEED
March 13, 2003 – A federal judge has given the go-ahead for a 1999 sexual harassment case to proceed against former acting Tourism commissioner Clement "Cain" Magras.
District Judge Raymond Finch said in a ruling issued on Tuesday that the Attorney General's Office could represent Magras in his capacity as a government official and also as an individual.
A hearing scheduled for later this month will set the dormant case in motion again, once a magistrate provides lawyers with a timetable to present their arguments. Attorneys for Magras said the case has been at a standstill for three years awaiting a decision as to their latitude in representing their client.
Plaintiff Heather Carty brought charges against Magras both in his capacity as acting Tourism commissioner and in his role as a private citizen. When the Attorney General's Office moved to defend him in both capacities, Carty's lawyer objected, saying that government lawyers were stepping outside of their legal jurisdiction in representing the private citizen Magras.
In his decision, Finch said the Justice Department has "broad authority" which allows it to defend Magras in both regards.
"Finch has issued a ruling allowing the Attorney General's office to take action," Assistant Attorney General Kerry Drue said on Wednesday.
Drue said the ruling also paves the way for the Justice Department to countersue Carty for defamation and emotional damage, alleging that "some of the assertions made in the complaint prevented him from becoming confirmed as Tourism commissioner."
Carty filed her initial complaint on April 27, 1999, immediately after the Senate Rules Committee approved Magras's nomination by Gov. Charles W. Turnbull to become Tourism commissioner.
Turnbull said in broadcast remarks on May 31 that Attorney General Iver Stridiron, whom he had asked to look into the charges against Magras, "said he could find nothing" that would call for the governor to withdraw the nomination.
The full Senate rejected the nomination on June 17. Various tourism sector entities had gone on record as opposing the nomination because, they said, Magras lacked both expertise and experience for the position. St. Croix hospitality officials expressed concern that he would not represent their island's interests.
Carty's attorney, Lee J. Rohn, said on Thursday that she is glad the wait is over and that she is confident the case will be decided in favor of her client.
According to Carty, the alleged incident that triggered her complaint took place on Feb. 5, 1999, on St. Croix. She said Magras invited her out to dinner, then invited her to his hotel room to use the telephone after she had received a message on her pager as they were traveling.
Carty alleges that after she used the phone she was accosted by Magras and that he grabbed her and fondled her.
Drue said Magras gives a different account of events: that he answered a knock on the door of his hotel room to find Carty standing there, and that this surprised him because they had agreed to meet elsewhere on their way to dinner at the Galleon Restaurant.
Carty initially filed sexual harassment complaints with the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission. In the case before District Court, she is charging civil rights violations — specifically, employment discrimination — under Title VII of the 1964 Civil Rights Act.
At the time the incident is alleged to have occurred, Carty was employed in the Tourism Department as project coordinator on St. Croix. Rohn said she it still on the job with the department.
Magras, a longtime Democratic Party stalwart and former senator and Licensing and Consumer Affairs commissioner, left the territory after the Senate rejected his nomination. After living for two years in Florida, he returned to the territory and assumed the position of associate director of federal grants in the Office of Management and Budget on May 8, 2001. (See "'Cain' Magras back with $54K government job".)
Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
District Judge Raymond Finch said in a ruling issued on Tuesday that the Attorney General's Office could represent Magras in his capacity as a government official and also as an individual.
A hearing scheduled for later this month will set the dormant case in motion again, once a magistrate provides lawyers with a timetable to present their arguments. Attorneys for Magras said the case has been at a standstill for three years awaiting a decision as to their latitude in representing their client.
Plaintiff Heather Carty brought charges against Magras both in his capacity as acting Tourism commissioner and in his role as a private citizen. When the Attorney General's Office moved to defend him in both capacities, Carty's lawyer objected, saying that government lawyers were stepping outside of their legal jurisdiction in representing the private citizen Magras.
In his decision, Finch said the Justice Department has "broad authority" which allows it to defend Magras in both regards.
"Finch has issued a ruling allowing the Attorney General's office to take action," Assistant Attorney General Kerry Drue said on Wednesday.
Drue said the ruling also paves the way for the Justice Department to countersue Carty for defamation and emotional damage, alleging that "some of the assertions made in the complaint prevented him from becoming confirmed as Tourism commissioner."
Carty filed her initial complaint on April 27, 1999, immediately after the Senate Rules Committee approved Magras's nomination by Gov. Charles W. Turnbull to become Tourism commissioner.
Turnbull said in broadcast remarks on May 31 that Attorney General Iver Stridiron, whom he had asked to look into the charges against Magras, "said he could find nothing" that would call for the governor to withdraw the nomination.
The full Senate rejected the nomination on June 17. Various tourism sector entities had gone on record as opposing the nomination because, they said, Magras lacked both expertise and experience for the position. St. Croix hospitality officials expressed concern that he would not represent their island's interests.
Carty's attorney, Lee J. Rohn, said on Thursday that she is glad the wait is over and that she is confident the case will be decided in favor of her client.
According to Carty, the alleged incident that triggered her complaint took place on Feb. 5, 1999, on St. Croix. She said Magras invited her out to dinner, then invited her to his hotel room to use the telephone after she had received a message on her pager as they were traveling.
Carty alleges that after she used the phone she was accosted by Magras and that he grabbed her and fondled her.
Drue said Magras gives a different account of events: that he answered a knock on the door of his hotel room to find Carty standing there, and that this surprised him because they had agreed to meet elsewhere on their way to dinner at the Galleon Restaurant.
Carty initially filed sexual harassment complaints with the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission. In the case before District Court, she is charging civil rights violations — specifically, employment discrimination — under Title VII of the 1964 Civil Rights Act.
At the time the incident is alleged to have occurred, Carty was employed in the Tourism Department as project coordinator on St. Croix. Rohn said she it still on the job with the department.
Magras, a longtime Democratic Party stalwart and former senator and Licensing and Consumer Affairs commissioner, left the territory after the Senate rejected his nomination. After living for two years in Florida, he returned to the territory and assumed the position of associate director of federal grants in the Office of Management and Budget on May 8, 2001. (See "'Cain' Magras back with $54K government job".)
Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
RULING ALLOWS HARASSMENT CASE TO PROCEED
March 13, 2003 – A federal judge has given the go-ahead for a 1999 sexual harassment case to proceed against former acting Tourism commissioner Clement "Cain" Magras.
District Judge Raymond Finch said in a ruling issued on Tuesday that the Attorney General's Office could represent Magras in his capacity as a government official and also as an individual.
A hearing scheduled for later this month will set the dormant case in motion again, once a magistrate provides lawyers with a timetable to present their arguments. Attorneys for Magras said the case has been at a standstill for three years awaiting a decision as to their latitude in representing their client.
Plaintiff Heather Carty brought charges against Magras both in his capacity as acting Tourism commissioner and in his role as a private citizen. When the Attorney General's Office moved to defend him in both capacities, Carty's lawyer objected, saying that government lawyers were stepping outside of their legal jurisdiction in representing the private citizen Magras.
In his decision, Finch said the Justice Department has "broad authority" which allows it to defend Magras in both regards.
"Finch has issued a ruling allowing the Attorney General's office to take action," Assistant Attorney General Kerry Drue said on Wednesday.
Drue said the ruling also paves the way for the Justice Department to countersue Carty for defamation and emotional damage, alleging that "some of the assertions made in the complaint prevented him from becoming confirmed as Tourism commissioner."
Carty filed her initial complaint on April 27, 1999, immediately after the Senate Rules Committee approved Magras's nomination by Gov. Charles W. Turnbull to become Tourism commissioner.
Turnbull said in broadcast remarks on May 31 that Attorney General Iver Stridiron, whom he had asked to look into the charges against Magras, "said he could find nothing" that would call for the governor to withdraw the nomination.
The full Senate rejected the nomination on June 17. Various tourism sector entities had gone on record as opposing the nomination because, they said, Magras lacked both expertise and experience for the position. St. Croix hospitality officials expressed concern that he would not represent their island's interests.
Carty's attorney, Lee J. Rohn, said on Thursday that she is glad the wait is over and that she is confident the case will be decided in favor of her client.
According to Carty, the alleged incident that triggered her complaint took place on Feb. 5, 1999, on St. Croix. She said Magras invited her out to dinner, then invited her to his hotel room to use the telephone after she had received a message on her pager as they were traveling.
Carty alleges that after she used the phone she was accosted by Magras and that he grabbed her and fondled her.
Drue said Magras gives a different account of events: that he answered a knock on the door of his hotel room to find Carty standing there, and that this surprised him because they had agreed to meet elsewhere on their way to dinner at the Galleon Restaurant.
Carty initially filed sexual harassment complaints with the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission. In the case before District Court, she is charging civil rights violations — specifically, employment discrimination — under Title VII of the 1964 Civil Rights Act.
At the time the incident is alleged to have occurred, Carty was employed in the Tourism Department as project coordinator on St. Croix. Rohn said she it still on the job with the department.
Magras, a longtime Democratic Party stalwart and former senator and Licensing and Consumer Affairs commissioner, left the territory after the Senate rejected his nomination. After living for two years in Florida, he returned to the territory and assumed the position of associate director of federal grants in the Office of Management and Budget on May 8, 2001. (See "'Cain' Magras back with $54K government job".)
Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
District Judge Raymond Finch said in a ruling issued on Tuesday that the Attorney General's Office could represent Magras in his capacity as a government official and also as an individual.
A hearing scheduled for later this month will set the dormant case in motion again, once a magistrate provides lawyers with a timetable to present their arguments. Attorneys for Magras said the case has been at a standstill for three years awaiting a decision as to their latitude in representing their client.
Plaintiff Heather Carty brought charges against Magras both in his capacity as acting Tourism commissioner and in his role as a private citizen. When the Attorney General's Office moved to defend him in both capacities, Carty's lawyer objected, saying that government lawyers were stepping outside of their legal jurisdiction in representing the private citizen Magras.
In his decision, Finch said the Justice Department has "broad authority" which allows it to defend Magras in both regards.
"Finch has issued a ruling allowing the Attorney General's office to take action," Assistant Attorney General Kerry Drue said on Wednesday.
Drue said the ruling also paves the way for the Justice Department to countersue Carty for defamation and emotional damage, alleging that "some of the assertions made in the complaint prevented him from becoming confirmed as Tourism commissioner."
Carty filed her initial complaint on April 27, 1999, immediately after the Senate Rules Committee approved Magras's nomination by Gov. Charles W. Turnbull to become Tourism commissioner.
Turnbull said in broadcast remarks on May 31 that Attorney General Iver Stridiron, whom he had asked to look into the charges against Magras, "said he could find nothing" that would call for the governor to withdraw the nomination.
The full Senate rejected the nomination on June 17. Various tourism sector entities had gone on record as opposing the nomination because, they said, Magras lacked both expertise and experience for the position. St. Croix hospitality officials expressed concern that he would not represent their island's interests.
Carty's attorney, Lee J. Rohn, said on Thursday that she is glad the wait is over and that she is confident the case will be decided in favor of her client.
According to Carty, the alleged incident that triggered her complaint took place on Feb. 5, 1999, on St. Croix. She said Magras invited her out to dinner, then invited her to his hotel room to use the telephone after she had received a message on her pager as they were traveling.
Carty alleges that after she used the phone she was accosted by Magras and that he grabbed her and fondled her.
Drue said Magras gives a different account of events: that he answered a knock on the door of his hotel room to find Carty standing there, and that this surprised him because they had agreed to meet elsewhere on their way to dinner at the Galleon Restaurant.
Carty initially filed sexual harassment complaints with the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission. In the case before District Court, she is charging civil rights violations — specifically, employment discrimination — under Title VII of the 1964 Civil Rights Act.
At the time the incident is alleged to have occurred, Carty was employed in the Tourism Department as project coordinator on St. Croix. Rohn said she it still on the job with the department.
Magras, a longtime Democratic Party stalwart and former senator and Licensing and Consumer Affairs commissioner, left the territory after the Senate rejected his nomination. After living for two years in Florida, he returned to the territory and assumed the position of associate director of federal grants in the Office of Management and Budget on May 8, 2001. (See "'Cain' Magras back with $54K government job".)
Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
RED CROSS SETS INSTRUCTOR, SWIM COURSES
March 13, 2003 — The American Red Cross St. Thomas-St. John Chapter has announced its next course schedule.
— March 22-April 26, Water Safety Instructor Course. The course will be taught from 7:30 a.m. to 3:30 p.m. Saturdays at Magens Bay. Cost is $150. Instructors will be in demand as summer camps soon will look for properly trained instructors and the Learn to Swim Program gets started in the public schools in the fall.
— March 22-April 26, Learn to Swim Program. This program, offered for ages 5 to 105 will be taught Saturdays at Magens Bay. Adult classes are from 8 to 9 a.m. and children's are from 9 to 10 a.m. Cost is $50.
For more information about either course, call the headquarters at 774-0375 or Gayle Deller at 774-0352.
Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
— March 22-April 26, Water Safety Instructor Course. The course will be taught from 7:30 a.m. to 3:30 p.m. Saturdays at Magens Bay. Cost is $150. Instructors will be in demand as summer camps soon will look for properly trained instructors and the Learn to Swim Program gets started in the public schools in the fall.
— March 22-April 26, Learn to Swim Program. This program, offered for ages 5 to 105 will be taught Saturdays at Magens Bay. Adult classes are from 8 to 9 a.m. and children's are from 9 to 10 a.m. Cost is $50.
For more information about either course, call the headquarters at 774-0375 or Gayle Deller at 774-0352.
Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
RED CROSS SETS INSTRUCTOR, SWIM COURSES
March 13, 2003 — The American Red Cross St. Thomas-St. John Chapter has announced its next course schedule.
— March 22-April 26, Water Safety Instructor Course. The course will be taught from 7:30 a.m. to 3:30 p.m. Saturdays at Magens Bay. Cost is $150. Instructors will be in demand as summer camps soon will look for properly trained instructors and the Learn to Swim Program gets started in the public schools in the fall.
— March 22-April 26, Learn to Swim Program. This program, offered for ages 5 to 105 will be taught Saturdays at Magens Bay. Adult classes are from 8 to 9 a.m. and children's are from 9 to 10 a.m. Cost is $50.
For more information about either course, call the headquarters at 774-0375 or Gayle Deller at 774-0352.
Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
— March 22-April 26, Water Safety Instructor Course. The course will be taught from 7:30 a.m. to 3:30 p.m. Saturdays at Magens Bay. Cost is $150. Instructors will be in demand as summer camps soon will look for properly trained instructors and the Learn to Swim Program gets started in the public schools in the fall.
— March 22-April 26, Learn to Swim Program. This program, offered for ages 5 to 105 will be taught Saturdays at Magens Bay. Adult classes are from 8 to 9 a.m. and children's are from 9 to 10 a.m. Cost is $50.
For more information about either course, call the headquarters at 774-0375 or Gayle Deller at 774-0352.
Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.
