Oct. 25, 2006 — Taking to heart concerns raised by members of the Police Benevolent Association, senators voted on Wednesday to disapprove a controversial bill that would allow unclassified security personnel working with the governor's office to retain certain benefits they received while working as classified police officers.
During a meeting of the Committee on Public Safety, Homeland Security and Justice, senators did not discuss the bill, but read into the record a letter from Detective Maria Colon-Petersen, PBA's vice president, which stated that the union "stands firm in its position that this action would be discriminatory against our union members and is a clear violation of the law."
Colon-Petersen questioned why unclassified officers working with the governor's office should be allowed to retain retirement and promotion benefits while officers working in other agencies, such as the V.I. Housing Authority, are not able to do so.
Officers working in the executive security unit are considered unclassified, while other "peace officers" work as classified employees. Colon-Petersen wrote that allowing unclassified employees to transfer benefits would violate certain provisions in the PBA contract relating to seniority.
"Members of the executive security unit are on leave without pay from the Police Department and are in the unclassified service of this government," she wrote. "This intended language would not only violate Article IV of the PBA contractual agreement, but it would also be discriminatory towards other classified employees that serve in law enforcement agencies such as Housing Police, Finance, etc. that were not able to keep their seniority when they transferred to the Police Department."
Voting against the bill on Wednesday were Sens. Liston Davis, Pedro "Pete" Encarnacion, Shawn-Michael Malone and Celestino A. White Sr.
Sens. Craig W. Barshinger and Louis P. Hill were absent at voting time. Sen. Lorraine L. Berry did not attend the meeting.
Senators were more responsive, however, to a bill which seeks to prohibit "unreasonable, excessive and annoying noise levels."
The bill defines a noise disturbance as any sound that exceeds 55 decibels. Exempt from this provision are aircrafts, authorized emergency vehicles, construction work and activities sponsored by public safety organizations, educational institutions or facilities and public utilities.
"We have received numerous concerns from residents about noise pollution throughout town which are simply disturbing," said Davis, the bill's sponsor. "So we've put together a comprehensive bill that covers noise pollution in many areas."
However, Davis added that the bill "would not be worth the paper it is written on" if it is not properly enforced. Keeping that in mind, he said that one of the bill's provisions allows residents affected by "excessive noise to file a complaint with the courts."
Testifying in support of the bill was Hernando T. Ike Williams, a local community activist, who said that several residents have been affected by loud music emanating from bars and restaurants in downtown Charlotte Amalie.
"On Sunday at 8 a.m., they're up and playing the music," he said. "Students, librarians and residents have also complained about the bar located across the street from the Salvation Army. Students working in the library in the afternoon have a hard time concentrating on homework or whatever books they're trying to read. We need to have this law."
The bill states that bars or taverns "creating a noise disturbance" would be found in violation of the law if that establishment is located within 500 feet of a residential area.
Williams said that he has tried to contact the Police Department about noise disturbances in the past but has received no response. "Once this bill has been passed, and the officers decide not to enforce the law, then they need to be fined or go to jail," he added.
Voting in favor of the bill on Wednesday were Barshinger, Davis, Encarnacion, Hill, Malone and White.
Berry was absent.
Senators also voted to hold in committee a bill that requires all vehicles be calibrated for left-hand driving. A bill eliminating the Arson Prevention and Fire Investigation Unit within Fire Services and establishing a Fire Prevention Bureau and Hazardous Material Intervention Unit was also held.
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