By a vote of 10-4 the 23rd Legislature agreed Monday to restrict the access of reporters to caucuses and unofficial meetings.
The bill, sponsored by Sen. Lorraine Berry, was introduced after the Virgin Islands Daily News filed suit to get access to caucuses. The paper went to court, claiming caucuses were covered by the Sunshine Act, after its reporter was prevented from entering a caucus at the St. John Westin Resort during the 1998 budget hearings. The paper has lost its court battles so far.
Supporters of Berry's bill, such as Sens. Roosevelt David, Donald "Ducks" Cole, Ann Golden and Almando "Rocky" Liburd, said the press should not be privy to all gatherings of lawmakers.
Liburd said the incident that led to creation of the bill was created when the caucus meeting was erroneously posted on a public agenda.
"Apparently what happened is that the caucus became part of this official agenda, for some reason or the other," Liburd said. "I have known for years that I've been in this body that caucuses never are placed on the agenda, and I think what really happened is that that came up when there was a group that didn't want some others to be there, but somebody make a slip. Well, you know in your haste – you know, Gov. Farrelly used to say 'Hurry dog eat raw meat,' but that's what happened."
But the senator-at-large went on say that everything a lawmaker says and does should not be subject to public scrutiny because the brainstorming process that goes on during meetings like caucuses is the process that produces the policies that later appear in the public eye.
Sen. Adelbert M. "Bert" Bryan, speaking in opposition, said "when a majority of the elected members . . . can meet and discuss a public policy or particular piece of legislation that has to do with the masses of the people, I think the people of the Virgin Islands has a right to know. I have been here and I've seen legislation come to the floor, and I've heard the proponent –- Berry said –- it was the consensus of the body. And I and many senators didn't even know there was a consensus on these discussion on these positions or these proposals."
Bryan was joined by Sen. Norman JnBaptiste and others wishing to uphold the Sunshine Act that gives the public access to nearly all meetings of public boards, commissions, agencies and official bodies.
But the majority prevailed, with many lawmakers criticizing the press, saying even when reporters have access to meetings, it's rare to see verbatim coverage of statements made by individual senators.
Others, like Sen. Allie- Alison Petrus, expressed distrust of the media, claiming that as the "Fourth Estate" the press claims co-equal power with the Legislature, the judiciary and the executive branches of government.
"It is time now that we tell the press there is a time and place for everything and for everyone," said Petrus, now the majority bloc leader. "When we are in caucus meetings, that is not the time. We're having discussions. The issue is not ripe at that moment. It is ripe when we bring it to the public by way of committee meetings, by way of sessions, by way of even special sessions. The issue is ripe at that moment, not before, not after, but it is ripe when we bring it to the public."
Here is how the senators voted.
— In favor: Sens. Gregory Bennerson, Lorraine L. Berry, Donald "Ducks" Cole, Roosevelt David, Judy Gomez, George Goodwin, David Jones, Alamando "Rocky" Liburd, Allie-Allison Petrus and Vargrave Richards.
— Against: Sens. Adelbert M. "Bert" Bryan, Adlah "Foncie" Donastorg. V. Anne Golden and Norman JnBaptiste.
Sen. Alicia "Chucky" Hansen was absent.
