VOTERS TO GET 1,000 FEET FREE OF ELECTIONEERING

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Sept. 13, 2002 – Thanks to a policy decision made by the Joing Boards of Elections in July, when voters go to the polls on Saturday for the primary balloting, they'll need binoculars to read the campaign posters.
Elections supervisor John Abramson Jr. said the boards decided that campaign supporters bent on trying to convince voters to cast ballots for their candidates must stand at least 1,000 feet away from polling places. The old rule specified 25 feet.
"We received so many complaints about their aggressive posture," Abramson said.
To put this in perspective, he said that for anyone seeking to influence those voting at Charlotte Amalie High School, the 1,000-foot rule would put them by the entrance to Roy L. Schneider Hospital.
A law passed by the 24th Legislature and signed by the governor called for a cutoff of all campaigning at 2 a.m. on election days. A District Court challenge led to that law being voided last month.
Abramson said the boards acted within their rights in making this 1,000-foot decision.
At least one candidate disagrees. St. Croix Democratic senatorial hopeful Ronald E. Russell, who is running in Saturday's primary, said despite the rule, he plans to have his supporters closer to the polling place, although he didn't know how close they would get. In a letter to Abramson, he said the 1,000-foot decision "lacks constitutional basis."
"As you must be aware, a local regulation does not supersede a constitutional provision," Russell, a lawyer, wrote in the letter, which he faxed to the Source. He said he would file for a temporary restraining order if Abramson enforces the long-distance decision.
However, since Territorial Court is closed on Saturday, Russell said he would wait until Monday to take action. He said a campaign-free zone of 125 to 150 feet would be reasonable. "One thousand feet takes you out of the perimeter of being close to the polling place," he said.
Abramson said he plans to proceed as planned with the 1,000-foot no-campaigning zone.
Polling times and places
The polls will be open Saturday from 7 a.m. to 7 p.m. Only registered party members will be able to vote, and only for the races within their respective parties. For a listing of races and candidates, see "Revised list of candidates for primary election".
In a departure from past primaries, when all of the polling places utilized in general elections were open, there will be three polling places each on St. Thomas and St. Croix, along with the usual two on St. John.
On St. Thomas, voting will be at:
Charlotte Amalie High School — for those who customarily vote at Winston Raymo Recreation Center, Oswald Harris Court, Joseph Sibilly School and CAHS.
Joseph Gomez Elementary School — for those who customarily vote at E. Benjamin Oliver, Ivanna Eudora Kean, Bertha C. Boschulte and Gomez Schools and the Anna's Retreat Center.
Addelita Cancryn Junior High School — for those who customarily vote at Dober, Michael J. Kirwan, Ulla F. Muller and Cancryn Schools.
On St. Croix, voting will be at:
Alexander Henderson Elementary School — for those who customarily vote at Claude O. Markoe, Evelyn Williams and Alexander Henderson Schools and St. Gerard's Hall.
Central High School — for those who customarily vote at Lew Muckle, Charles Emanuel, Eulalie Rivera, Ricardo Richards and Central High Schools.
Juanita Gardine Elementary School — for those who customarily vote at Florence Williams Library, Jackson Terrace, John F. Kennedy, and Elena Christian, Juanita Gardine and Pearl B. Larsen Schools.
On St. John, voting will be at Julius E. Sprauve and Guy Benjamin Schools.

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DEMOCRATS TO CHOOSE AT-LARGE CANDIDATE

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Sept. 13, 2002 – One of the four territorywide races for public office in the 2002 election gets a jump start Saturday with a primary race to determine the Democratic contender on the ballot for senator-at-large.
Registered Democrats in both districts may vote in the primary race between Craig Barshinger and Harry Daniel. The winner will square off in November against incumbent Almando "Rocky" Liburd, a member of the Independent Citizens Movement, and Republican Party candidate Wilma Marsh Monsanto.
Barshinger, a St. John businessman, has challenged Liburd for the at-large Senate seat in the last three elections. Daniel, vice chair of the Board of Education and former member of the Board of Elections, is making his first run for the office. Both men are community oriented activists and have served on the Democratic Party Territorial Committee.
Daniel, a retired police officer, said he's putting in his bid for the ballot spot because "people have asked me for the last three years, 'Why don't you run? You'd be a good candidate.'"
Barshinger says he's glad of the competition. "I welcome the fact that Harry has thrown his hat into the ring because a team needs depth," he said.
He said he was recruited by the Democrats in 1998 after running as an independent two years earlier. "I like it," he said when asked about the political life. "It's a tough business, but the way you improve our community, instead of complaining about it, is to get involved."
Daniel has devoted much of his life to community involvement, spending 23 years with the V.I. Police Department and two as chief ranger of the Virgin Islands National Park. A Vietnam veteran, he's an advocate for veterans' causes, a member of the V.I. National Guard, a longtime Red Cross volunteer and president of the St. John Community Foundation.
Barshinger serves on the board of the St. John Community Foundation, as well as the boards of the League of Women Voters, the Interfaith Coalition, Unitarian Universalist Fellowship and St. John Singers. He's a former member of the Girls Scouts Council nominating committee and is a member of the St. John Rotary Club and the Navy League.
One thing the candidates have in common is the desire to unseat Liburd. Barshinger said he took up the challenge because others seemed afraid to challenge the popular politician, who has served six successive terms in the Legislature, twice as Senate president.
Daniel described himself as the voice of St. John voters who feel they are not getting the representation they need from Liburd. "I can deliver to the people what they want. I'm professional enough to represent the needs of the people," he said.
The at-large senator, who must reside on St. John, is the island's de facto lawmaker, but the job entails representing the whole territory. The at-large senator has offices on St. Thomas and St. Croix as well, and election is on a territorywide basis.
Both Democratic candidates have been campaigning actively for Saturday's contest, with Daniel spending his time recently courting supporters on St. Croix and Barshinger making the rounds of radio talk shows to get his message across to those on all islands.

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DEMOCRATS TO CHOOSE AT-LARGE CANDIDATE

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Sept. 13, 2002 – One of the four territorywide races for public office in the 2002 election gets a jump start Saturday with a primary race to determine the Democratic contender on the ballot for senator-at-large.
Registered Democrats in both districts may vote in the primary race between Craig Barshinger and Harry Daniel. The winner will square off in November against incumbent Almando "Rocky" Liburd, a member of the Independent Citizens Movement, and Republican Party candidate Wilma Marsh Monsanto.
Barshinger, a St. John businessman, has challenged Liburd for the at-large Senate seat in the last three elections. Daniel, vice chair of the Board of Education and former member of the Board of Elections, is making his first run for the office. Both men are community oriented activists and have served on the Democratic Party Territorial Committee.
Daniel, a retired police officer, said he's putting in his bid for the ballot spot because "people have asked me for the last three years, 'Why don't you run? You'd be a good candidate.'"
Barshinger says he's glad of the competition. "I welcome the fact that Harry has thrown his hat into the ring because a team needs depth," he said.
He said he was recruited by the Democrats in 1998 after running as an independent two years earlier. "I like it," he said when asked about the political life. "It's a tough business, but the way you improve our community, instead of complaining about it, is to get involved."
Daniel has devoted much of his life to community involvement, spending 23 years with the V.I. Police Department and two as chief ranger of the Virgin Islands National Park. A Vietnam veteran, he's an advocate for veterans' causes, a member of the V.I. National Guard, a longtime Red Cross volunteer and president of the St. John Community Foundation.
Barshinger serves on the board of the St. John Community Foundation, as well as the boards of the League of Women Voters, the Interfaith Coalition, Unitarian Universalist Fellowship and St. John Singers. He's a former member of the Girls Scouts Council nominating committee and is a member of the St. John Rotary Club and the Navy League.
One thing the candidates have in common is the desire to unseat Liburd. Barshinger said he took up the challenge because others seemed afraid to challenge the popular politician, who has served six successive terms in the Legislature, twice as Senate president.
Daniel described himself as the voice of St. John voters who feel they are not getting the representation they need from Liburd. "I can deliver to the people what they want. I'm professional enough to represent the needs of the people," he said.
The at-large senator, who must reside on St. John, is the island's de facto lawmaker, but the job entails representing the whole territory. The at-large senator has offices on St. Thomas and St. Croix as well, and election is on a territorywide basis.
Both Democratic candidates have been campaigning actively for Saturday's contest, with Daniel spending his time recently courting supporters on St. Croix and Barshinger making the rounds of radio talk shows to get his message across to those on all islands.

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.

DEMOCRATS TO CHOOSE AT-LARGE CANDIDATE

0
Sept. 13, 2002 – One of the four territorywide races for public office in the 2002 election gets a jump start Saturday with a primary race to determine the Democratic contender on the ballot for senator-at-large.
Registered Democrats in both districts may vote in the primary race between Craig Barshinger and Harry Daniel. The winner will square off in November against incumbent Almando "Rocky" Liburd, a member of the Independent Citizens Movement, and Republican Party candidate Wilma Marsh Monsanto.
Barshinger, a St. John businessman, has challenged Liburd for the at-large Senate seat in the last three elections. Daniel, vice chair of the Board of Education and former member of the Board of Elections, is making his first run for the office. Both men are community oriented activists and have served on the Democratic Party Territorial Committee.
Daniel, a retired police officer, said he's putting in his bid for the ballot spot because "people have asked me for the last three years, 'Why don't you run? You'd be a good candidate.'"
Barshinger says he's glad of the competition. "I welcome the fact that Harry has thrown his hat into the ring because a team needs depth," he said.
He said he was recruited by the Democrats in 1998 after running as an independent two years earlier. "I like it," he said when asked about the political life. "It's a tough business, but the way you improve our community, instead of complaining about it, is to get involved."
Daniel has devoted much of his life to community involvement, spending 23 years with the V.I. Police Department and two as chief ranger of the Virgin Islands National Park. A Vietnam veteran, he's an advocate for veterans' causes, a member of the V.I. National Guard, a longtime Red Cross volunteer and president of the St. John Community Foundation.
Barshinger serves on the board of the St. John Community Foundation, as well as the boards of the League of Women Voters, the Interfaith Coalition, Unitarian Universalist Fellowship and St. John Singers. He's a former member of the Girls Scouts Council nominating committee and is a member of the St. John Rotary Club and the Navy League.
One thing the candidates have in common is the desire to unseat Liburd. Barshinger said he took up the challenge because others seemed afraid to challenge the popular politician, who has served six successive terms in the Legislature, twice as Senate president.
Daniel described himself as the voice of St. John voters who feel they are not getting the representation they need from Liburd. "I can deliver to the people what they want. I'm professional enough to represent the needs of the people," he said.
The at-large senator, who must reside on St. John, is the island's de facto lawmaker, but the job entails representing the whole territory. The at-large senator has offices on St. Thomas and St. Croix as well, and election is on a territorywide basis.
Both Democratic candidates have been campaigning actively for Saturday's contest, with Daniel spending his time recently courting supporters on St. Croix and Barshinger making the rounds of radio talk shows to get his message across to those on all islands.

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.

BALLOT DIVERSE FOR ST. CROIX DEMOCRATIC PRIMARY

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Sept. 13, 2002 – The 10 Democratic candidates running for the seven St. Croix Senate seats in Saturday's primary election are a well-educated group. But that, and a desire for public service, is about all they have in common.
The two women and eight men range in age from newcomer Juan Figueroa-Serville, 27, to former senator Mary Ann Pickard, 60. All hold college degrees, except Figueroa-Serville, who is a senior at the University of the Virgin Islands majoring in business administration.
Four of them – Figueroa-Serville, the Rev. Malcolm Harris, attorney Ronald Russell, and Michael Thurland, who is Sen. Emmett Hansen II's chief of staff – have never held public office. Two are incumbents, first-term Sen. Douglas Canton and four-term Sen. David Jones.
The candidates are:
– Elroi E. Baumann, 54, born on St. Croix.
Educational background: B.A. in psychology, Queens College, N.Y.; M.A. in health care administration, Long Island University, N.Y.
Former Chief Operating Officer at Juan F. Luis Hospital, and other health administration posts on St. Croix and in New York.
Baumann's main issues are health care and education reform.
– Douglas E. Canton.
Requested information not received.
– Ophelia Felix-Williams, 40, born on St. Croix.
Educational background: B.S. in intermediate education, Barber-Scotia College; currently enrolled in Nova Southeastern University graduate program.
Currently V. I. Housing, Parks and Recreation Department deputy commissioner.
Felix-Williams' main issues are health care and education.
– Rev. Malcolm Harris.
Requested information not received.
– David S. Jones.
Requested information not received.
– Mary Ann Pickard.
Requested information not received.
– Luther Renee, 53.
Educational background: B.A. in economics, University of the West Indies, Trinidad; M.A. in Education, University of Miami.
Currently head of Academic Services at University of the Virgin Islands, St. Croix campus, and a member of the Public Services Commission.
His main issue is education reform.
– Ronald Russell, 48, born on St. Croix.
Educational background: B.A. in chemistry from the College of the Virgin Islands; B.A. Rutgers University; and J.D. (law degree) from Rutgers.
Former teacher and currently a practicing attorney.
Russell's main issues are crime prevention and community sports and music events. He is a member of the St. Croix Festival.
– Juan Figueroa-Serville.
Requested information not received.
– Michael Thurland.
Requested information not received.

HUMANE SOCIETY BARKING UP FUNDS

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Sept. 13, 2002 – The Humane Society of St. Thomas is stocking the fall season with events designed to raise much-needed funds and to offer participants several chances to have a ball.
The fund-raisers kick off next week with "Humane Society Dining for a Cause, Help Support the Paws." Join the Humane Society at the XO Bistro in Red Hook on Wednesday for cocktails or dinner, and 10 percent of all you spend will be donated to the organization. No reservations are necessary.
Coming on Oct. 20, it's Barktober Fest at Latitude 18 on the east end of St. Thomas. The Humane Society will provide live music, and pets are invited to compete in contests with themes like worst breath, pet-owner look-alike and obedience. Primary sponsor Cape Air has donated round-trip airline tickets for contest and raffle winners. There will be a $5 registration fee for all participants.
West Indies Windsurfing will also participate in Barktober Fest, by donating 20 percent of rental costs of all registered participants to the Humane Society.
Humane Society board member Cara Hinton said the event will be fun for everyone. "I want it to be like a big fair," she said.
Animals from the shelter will be on hand so people can have a chance to play with them and, perhaps, set up an adoption plan, Hinton said.
Food will be sold, too. Vendor booth space is available for a $10 donation.
The all-day event begins at 11 a.m. and runs late into the evening.
The fall fund-raising season wraps up with the Halloween Freakers Ball at the Old Mill on Nov. 2. A portion of the cover charge will benefit the Humane Society. The animal-theme costume party starts with dinner at 7 p.m. Registration for the costume contest begins at 8.
The fund-raisers are all part of a broader campaign to help fund a new shelter. According to Joe Aubain, Humane Society board president, the current building in Nadir has been condemned as a result of the ongoing Nadir bridge project.
A model for the new shelter will be unveiled in December as fund-raising plans continue. For more information on any of the coming events, contact Hinton at 715-1379.

DIALYSIS DOCTOR: CANDIDATE'S ATTACK POLITICAL

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Sept. 13, 2002 – Dr. Walter H. Gardiner is a St. Croix internist and nephrologist — a medical doctor specializing in diagnosing and treating kidney diseases — whose work in the Juan F. Luis Hospital hemodialysis unit has become the subject of acrimonious debate and threatened job actions.
On Wednesday, Gardiner called a press conference and distributed a statement in which he took issue with information about dialysis centers he formerly operated in Tennessee that was faxed to news media on Tuesday by Raymond "Usie" Richards, a member of Sen. Adelbert M. Bryan's staff who also is running for the Senate himself.
The four-page document stated that some of the four centers were found by Tennessee state authorities to have deficiencies that led to their being disqualified as a supplier of dialysis services and as a Medicaid participant.
Richards' document says the information was taken from testimony at a Dec. 22, 1995, meeting of the Senate Health and Government Operations Committee, chaired by Bryan. Richards said he was distributing the material "in response to the continued disruption of service rendered at the hemodialysis unit" at the hospital "and the disregard and lack of respect exhibited by the members of the governing board and administration of this facility."
At the press conference, Gardiner said he was brought on board the hospital staff in 1995 by then-chief executive officer George McCoy to upgrade dialysis unit services so as to meet Medicare compliance and obtain certification. Under his direction, he said, the unit was fully certified within the year.
Although the hospital board voted to remove him from the dialysis unit in 1997 amid complaints from patients and staff of his bedside manner and treatment of patients, he said, he has continued to treat patients at the hospital over the years. He said he chooses to "take his licks" in order to ensure that requests for quality patient care are met.
He said the hospital board recently voted to reinstate him to the unit, but protests have threatened to jeopardize patient care.
Last Friday and again on Monday, after the unit staff was notified by the hospital administration that Gardiner had been reinstated to the unit, employee and patient protests forced the hospital to halt dialysis services.
On Monday afternoon, at the request of the hospital board, the staff returned to work with the promise that Gardiner's return to the unit would be on hold until a meeting scheduled for Sept. 25.
Gardiner, a native of Tobago, said there have been no charges of incompetence or malpractice levied against him at the hospital but that rumors are being circulated by dialysis unit staff and a handful of patients about his "callous" treatment of patients.
He declined to respond to questions concerning staff competence, other than to say that during his leadership, unit head nurse Lorna Davis was resistant to the changes he wanted to implement. He said the issues were not about "change" but about "doing things the right way."
Gardiner also said, answering an issue raised by Richards, that he had, indeed, invited a registered nurse in Tennessee to come to the Virgin Islands as part of a contingency plan amid rumors that Davis would resign if he returned to the unit. The stateside RN has more than 15 years of dialysis experience, he said.
"I invited her to come here when I learned that Ms. Davis had resigned and that a job action by the other RN's was being contemplated," he said.
"These patients can't go for days without treatment," he said.
Patients who have experienced kidney failure rely on hemodialysis machines to filter waste impurities from their blood. The approximately 70 patients on St. Croix are scheduled for treatments of two to three hours that are literally a matter of life and death. Six days a week, the unit operates three dialysis shifts between 7 a.m. and 9 p.m. utilizing some 16 hemodialysis machines.
The hospital board did not accept Davis's resignation, and on Wednesday afternoon, she was back on the job.
Gardiner said he has chosen over the years not to respond to rumors but that Richards has attacked his credentials and career performance. "Until today, I have remained silent, willing to let the issues sort themselves out," he said in the statement he handed out to the media. "However, yesterday the attacks took a personal twist with sinister implications."
Gardiner said Medicaid authorities had inspected all of his Tennessee facilities over the years and only one location was temporarily closed until deficiencies were corrected.
On St. Croix, under his guidance, he said, the number of patients being treated at the dialysis unit increased from 25 to 55 in two years and has since grown to 70. He said he has treated about 10 of the current patients.
"I'’m not looking for a difficult situation or being a glutton for punishment," Gardiner said. "There are patients I have been treating for years who should have the right to choose their own physician."
Gardiner said there is a great need for preventive care and he specializes in diseases related to high blood pressure. "There's only one thing I am asking for here," he said. "Patients ought to have the right to choose. That's the bottom line."
He said 10 of what were then 55 patients testified at a February 1997 hospital board meeting which led to his removal from the dialysis unit.
Despite the protests again his return to the unit now, Gardiner said, his colleagues have been supportive of his efforts to upgrade the quality of service provided. "What Mr. Richards did not tell or did not know was that it was experiences like this that prompted the JFL Hospital to recruit me," he said.
Richards' material ends with the comments: "This fact sheet is the first in a series of facts that will be shared with the administration of the hospital, the governing board, staff and patients of the unit and the public via the press. Coming soon a historical account of patients and staff in the Virgin Islands who have been in contact with Dr. Gardiner."
Gardiner said, referring to the 1995 Senate committee hearing, that Richards had "not uncovered anything then of substance and will not find anything now … If he thinks he is going to become a senator riding on my back, I've got news for him. I'm choosing not to throw kerosene on fire."

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PSC DROPS 911 FEE PROBE, DENIES ACCESS TO RECORDS

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Sept. 13, 2002 – The Public Services Commission voted on Thursday to suspend its investigation of Innovative Telephone's handling of the $1 surcharge the company collects on behalf of the government for 911 emergency services. Its reason was that a federal agency is about to do the same thing.
It also voted not to make the telephone company's financial records available for public scrutiny, rejecting the arguments of the hearing examiner for its Innovative rate investigation that the documents are public record under territorial and federal law.
Desmond Maynard, PSC chair, said the U.S. Inspector General's Office is initiating a federal audit of the surcharge funds. He suggested the PSC "might benefit" from the federal investigation and said he saw no reason to subject Innovative to two investigations. "If time is not a problem, why not wait?" Maynard said.
Sen. Emmet Hansen II, a non-voting commission member, objected to Maynard's suggestion. "I think it is ridiculous that the PSC would abdicate their statutory responsibility and oversight just because they heard that another entity is conducting a similar investigation," Hansen said. "The PSC needs to perform its function and conduct their own investigation."
Nonetheless, the commission voted unanimously to suspend its investigation.
Arnold Van Beverhoudt, Caribbean region audit manager for the U.S. Inspector General's Office, confirmed Friday that the office will initiate an audit the week of Oct. 7.
Fred Watts, PSC hearing examiner, said he has paper "a foot tall" already assembled in his investigation, comparing phone company bills sent out with the records of payments to the Finance Department. However, Watts said, "If you want to suspend the investigation, so be it."
Sen. Adlah "Foncie" Donastorg, long a critic of the telephone company's financial operations, has accused Innovative of wrongful collection practices and has sued the company on behalf of the people of the territory in District Court. Additionally, on May 1, he announced that he had requested a federal audit of the emergency services surcharge operations and had filed a new complaint with the Public Services Commission, which regulates the phone company.
Donastorg contends that the approximately $60,000 a month Innovative has been turning over to the government does not represent anywhere near the total amount it has collected each month. The amount corresponds roughly to the number of customers, he said, and not "the actual number of telephone lines, which is, by informed estimates, well over 90,000."
At the same time, Donastorg says the intent of the law making Innovative the collector of the surcharge was to impose a fee of $1 per telephone subscriber, regardless of the number of lines that a customer may have. Innovative has in most cases been billing customers $1 per phone line. Donastorg says many customers have multiple lines — he, himself, having five, and thus having gotten five bills with five surcharges..
In May, Innovative Vice President Holland Redfield wrote to Gov. Charles W. Turnbull asking that the company be relieved of responsibility for collecting the tax. (See "Innovative wants to stop billing for 911 tax".) Turnbull subsequently turned over collection of the surcharge to the Water and Power Authority.
In another Innovative matter, the PSC elected to recognize a highly debated "letter of confidentiality" over the V.I. Sunshine Act.
The V.I. Source newspapers had requested copies of Innovative Telephone's annual financial reports which the company is required to file with the PSC. The Source wrote to Maynard in May requesting the documents, which the newspaper believes are public record under the V.I. Sunshine Act and/or the federal Freedom of Information Act.
In May, Kevin Rames, attorney for Innovative Communication Corp., the parent company of Innovative Telephone, filed a complaint with the PSC opposing the release of the records. Rames also contended that the PSC had not notified him and that the agenda was not circulated in a timely manner. PSC hearing examiner Fred Watts called Rames's arguments "ridiculous," saying he had corresponded "four or five" times about the matter with ICC attorney J'Ada Finch-Sheen.
Rames argued that the Sunshine and FOI Acts are not applicable in the case. He said in his complaint that the FOI does not apply to "states, local governments, the courts, Congress or private persons, and is not applicable to the PSC." Nor does the Sunshine act allow the Source access to sensitive financial information, the complaint said.
Rames cited a 1989 settlement agreement between Vitelco and several other entities including the Rural Telephone Finance Cooperative and the PSC which protects certain information. Watts said the agreement doesn't apply in the case.
At a PSC meeting on St. Croix in July, the matter was supposed to be heard. The Source was represented, but Rames didn't appear. On Thursday, Rames again was not present, but attorney Julio Brady was there to represent ICC. Brady made many of the same arguments that Rames had previously made and also said releasing the financial documents would give competitors an "unfair advantage."
Watts again argued that the documents should be released under the Sunshine Act. He also reminded Innovative that it had three months in which to submit an affidavit citing any complaints.
Brady said the material in the financial records is confidential, citing a letter Innovative had written to Claudius F. Moore, PSC accounts maintenance officer, requesting confidentiality for Innovative's records.
Moore said the PSC never agreed to that request and said that it was not incumbent on the commission to do so. "There was no written response," he said. "The PSC did not accede [to that request]. It is the PSC's position that such documents are not confidential." Watts added, "There is not one document saying we agree to that letter of confidentiality."
On a 4-3 vote, the commission defeated a motion to order Innovative to make the financial records public. Watts said it was the first such case the PSC has experienced, adding, "It's a poor way to make public policy."
Voting against making the documents public were Valencio Jackson, Luther Renee, Alric Simmonds and Alecia Wells. Voting to make them available were Jerris Brown, Vernon David and Maynard.

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PSC DROPS 911 FEE PROBE, DENIES ACCESS TO RECORDS

0
Sept. 13, 2002 – The Public Services Commission voted on Thursday to suspend its investigation of Innovative Telephone's handling of the $1 surcharge the company collects on behalf of the government for 911 emergency services. Its reason was that a federal agency is about to do the same thing.
It also voted not to make the telephone company's financial records available for public scrutiny, rejecting the arguments of the hearing examiner for its Innovative rate investigation that the documents are public record under territorial and federal law.
Desmond Maynard, PSC chair, said the U.S. Inspector General's Office is initiating a federal audit of the surcharge funds. He suggested the PSC "might benefit" from the federal investigation and said he saw no reason to subject Innovative to two investigations. "If time is not a problem, why not wait?" Maynard said.
Sen. Emmet Hansen II, a non-voting commission member, objected to Maynard's suggestion. "I think it is ridiculous that the PSC would abdicate their statutory responsibility and oversight just because they heard that another entity is conducting a similar investigation," Hansen said. "The PSC needs to perform its function and conduct their own investigation."
Nonetheless, the commission voted unanimously to suspend its investigation.
Arnold Van Beverhoudt, Caribbean region audit manager for the U.S. Inspector General's Office, confirmed Friday that the office will initiate an audit the week of Oct. 7.
Fred Watts, PSC hearing examiner, said he has paper "a foot tall" already assembled in his investigation, comparing phone company bills sent out with the records of payments to the Finance Department. However, Watts said, "If you want to suspend the investigation, so be it."
Sen. Adlah "Foncie" Donastorg, long a critic of the telephone company's financial operations, has accused Innovative of wrongful collection practices and has sued the company on behalf of the people of the territory in District Court. Additionally, on May 1, he announced that he had requested a federal audit of the emergency services surcharge operations and had filed a new complaint with the Public Services Commission, which regulates the phone company.
Donastorg contends that the approximately $60,000 a month Innovative has been turning over to the government does not represent anywhere near the total amount it has collected each month. The amount corresponds roughly to the number of customers, he said, and not "the actual number of telephone lines, which is, by informed estimates, well over 90,000."
At the same time, Donastorg says the intent of the law making Innovative the collector of the surcharge was to impose a fee of $1 per telephone subscriber, regardless of the number of lines that a customer may have. Innovative has in most cases been billing customers $1 per phone line. Donastorg says many customers have multiple lines — he, himself, having five, and thus having gotten five bills with five surcharges..
In May, Innovative Vice President Holland Redfield wrote to Gov. Charles W. Turnbull asking that the company be relieved of responsibility for collecting the tax. (See "Innovative wants to stop billing for 911 tax".) Turnbull subsequently turned over collection of the surcharge to the Water and Power Authority.
In another Innovative matter, the PSC elected to recognize a highly debated "letter of confidentiality" over the V.I. Sunshine Act.
The V.I. Source newspapers had requested copies of Innovative Telephone's annual financial reports which the company is required to file with the PSC. The Source wrote to Maynard in May requesting the documents, which the newspaper believes are public record under the V.I. Sunshine Act and/or the federal Freedom of Information Act.
In May, Kevin Rames, attorney for Innovative Communication Corp., the parent company of Innovative Telephone, filed a complaint with the PSC opposing the release of the records. Rames also contended that the PSC had not notified him and that the agenda was not circulated in a timely manner. PSC hearing examiner Fred Watts called Rames's arguments "ridiculous," saying he had corresponded "four or five" times about the matter with ICC attorney J'Ada Finch-Sheen.
Rames argued that the Sunshine and FOI Acts are not applicable in the case. He said in his complaint that the FOI does not apply to "states, local governments, the courts, Congress or private persons, and is not applicable to the PSC." Nor does the Sunshine act allow the Source access to sensitive financial information, the complaint said.
Rames cited a 1989 settlement agreement between Vitelco and several other entities including the Rural Telephone Finance Cooperative and the PSC which protects certain information. Watts said the agreement doesn't apply in the case.
At a PSC meeting on St. Croix in July, the matter was supposed to be heard. The Source was represented, but Rames didn't appear. On Thursday, Rames again was not present, but attorney Julio Brady was there to represent ICC. Brady made many of the same arguments that Rames had previously made and also said releasing the financial documents would give competitors an "unfair advantage."
Watts again argued that the documents should be released under the Sunshine Act. He also reminded Innovative that it had three months in which to submit an affidavit citing any complaints.
Brady said the material in the financial records is confidential, citing a letter Innovative had written to Claudius F. Moore, PSC accounts maintenance officer, requesting confidentiality for Innovative's records.
Moore said the PSC never agreed to that request and said that it was not incumbent on the commission to do so. "There was no written response," he said. "The PSC did not accede [to that request]. It is the PSC's position that such documents are not confidential." Watts added, "There is not one document saying we agree to that letter of confidentiality."
On a 4-3 vote, the commission defeated a motion to order Innovative to make the financial records public. Watts said it was the first such case the PSC has experienced, adding, "It's a poor way to make public policy."
Voting against making the documents public were Valencio Jackson, Luther Renee, Alric Simmonds and Alecia Wells. Voting to make them available were Jerris Brown, Vernon David and Maynard.

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PSC DROPS 911 FEE PROBE, DENIES ACCESS TO RECORDS

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Sept. 13, 2002 – The Public Services Commission voted on Thursday to suspend its investigation of Innovative Telephone's handling of the $1 surcharge the company collects on behalf of the government for 911 emergency services. Its reason was that a federal agency is about to do the same thing.
It also voted not to make the telephone company's financial records available for public scrutiny, rejecting the arguments of the hearing examiner for its Innovative rate investigation that the documents are public record under territorial and federal law.
Desmond Maynard, PSC chair, said the U.S. Inspector General's Office is initiating a federal audit of the surcharge funds. He suggested the PSC "might benefit" from the federal investigation and said he saw no reason to subject Innovative to two investigations. "If time is not a problem, why not wait?" Maynard said.
Sen. Emmett Hansen II, a non-voting commission member, objected to Maynard's suggestion. "I think it is ridiculous that the PSC would abdicate their statutory responsibility and oversight just because they heard that another entity is conducting a similar investigation," Hansen said. "The PSC needs to perform its function and conduct their own investigation."
Nonetheless, the commission voted unanimously to suspend its investigation.
Arnold Van Beverhoudt, Caribbean region audit manager for the U.S. Inspector General's Office, confirmed Friday that the office will initiate an audit the week of Oct. 7.
Frederick Watts, PSC hearing examiner, said he has paper "a foot tall" already assembled in his investigation, comparing phone company bills sent out with the records of payments to the Finance Department. However, Watts said, "If you want to suspend the investigation, so be it."
Sen. Adlah "Foncie" Donastorg, long a critic of the telephone company's financial operations, has accused Innovative of wrongful collection practices and has sued the company on behalf of the people of the territory in District Court. Additionally, on May 1, he announced that he had requested a federal audit of the emergency services surcharge operations and had filed a new complaint with the Public Services Commission, which regulates the phone company.
Donastorg contends that the approximately $60,000 a month Innovative has been turning over to the government does not represent anywhere near the total amount it has collected each month. The amount corresponds roughly to the number of customers, he said, and not "the actual number of telephone lines, which is, by informed estimates, well over 90,000."
At the same time, Donastorg says the intent of the law making Innovative the collector of the surcharge was to impose a fee of $1 per telephone subscriber, regardless of the number of lines that a customer may have. Innovative has in most cases been billing customers $1 per phone line. Donastorg says many customers have multiple lines — he, himself, having five, and thus having gotten five bills with five surcharges..
In May, Innovative Vice President Holland Redfield wrote to Gov. Charles W. Turnbull asking that the company be relieved of responsibility for collecting the tax. (See "Innovative wants to stop billing for 911 tax".) Turnbull subsequently turned over collection of the surcharge to the Water and Power Authority.
In another Innovative matter, the PSC elected to recognize a highly debated "letter of confidentiality" over the V.I. Sunshine Act.
The V.I. Source newspapers had requested copies of Innovative Telephone's annual financial reports which the company is required to file with the PSC. The Source wrote to Maynard in May requesting the documents, which the newspaper believes are public record under the V.I. Sunshine Act and/or the federal Freedom of Information Act.
In May, Kevin Rames, attorney for Innovative Communication Corp., the parent company of Innovative Telephone, filed a complaint with the PSC opposing the release of the records. Rames also contended that the PSC had not notified him and that the agenda was not circulated in a timely manner. PSC hearing examiner Fred Watts called Rames's arguments "ridiculous," saying he had corresponded "four or five" times about the matter with ICC attorney J'Ada Finch-Sheen.
Rames argued that the Sunshine and FOI Acts are not applicable in the case. He said in his complaint that the FOI does not apply to "states, local governments, the courts, Congress or private persons, and is not applicable to the PSC." Nor does the Sunshine act allow the Source access to sensitive financial information, the complaint said.
Rames cited a 1989 settlement agreement between Vitelco and several other entities including the Rural Telephone Finance Cooperative and the PSC which protects certain information. Watts said the agreement doesn't apply in the case.
At a PSC meeting on St. Croix in July, the matter was supposed to be heard. The Source was represented, but Rames didn't appear. On Thursday, Rames again was not present, but attorney Julio Brady was there to represent ICC. Brady made many of the same arguments that Rames had previously made and also said releasing the financial documents would give competitors an "unfair advantage."
Watts again argued that the documents should be released under the Sunshine Act. He also reminded Innovative that it had three months in which to submit an affidavit citing any complaints.
Brady said the material in the financial records is confidential, citing a letter Innovative had written to Claudius F. Moore, PSC accounts maintenance officer, requesting confidentiality for Innovative's records.
Moore said the PSC never agreed to that request and said that it was not incumbent on the commission to do so. "There was no written response," he said. "The PSC did not accede [to that request]. It is the PSC's position that such documents are not confidential." Watts added, "There is not one document saying we agree to that letter of confidentiality."
On a 4-3 vote, the commission defeated a motion to order Innovative to make the financial records public. Watts said it was the first such case the PSC has experienced, adding, "It's a poor way to make public policy."
Voting against making the documents public were Valencio Jackson, Luther Renee, Alric Simmonds and Alecia Wells. Voting to make them available were Jerris Brown, Vernon David and Maynard.

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