Sen. Roosevelt David proved Thursday that his committee's recent declaration of war on the Department of Labor was no idle threat, as he and Labor Commissioner Sonia Jacobs-Dow finally met head-on with horns firmly locked.
Jacobs-Dow made her appearance before the Senate Labor and Veterans Affairs Committee after having failed to respond to three previous summonses. She and several other Labor officials had been subpoenaed by the committee to attend Thursday's hearing and to bring certain documents with them.
The Labor officials arrived on time. The documents arrived about 30 seconds after David banged the gavel adjourning the meeting at 4:30 p.m.
The documents included compliance reports of the V.I. Telephone Corp., an IDC beneficiary; IDC beneficiary rosters showing all nonresident employees and their job descriptions; information on a Labor Department employee retreat earlier this year; and the rules and regulations of the Workers' Compensation program.
Jacobs-Dow at first said some of the material couldn't be made public. After the legislative legal counsel verified the legality of making the requested documents public, the commissioner was directed to bring them to the Senate chambers later in the day.
The hearing, scheduled for 10 a.m., started more than an hour late because committee chair David and some other senators had been called unexpectedly to Government House Friday morning. The committee meeting was a continuation of an Aug.14 fact-finding hearing on the status of Labor Department's Workers' Compensation Division, morale in the department, and employment practices of IDC beneficiaries. The meeting was continued then due to Jacob-Dow's absence.
Previous testimony repeated
Much of the morning was spent taking testimony almost identical to that of the preceding hearing. Workers' Compensation claimants Joanne Mize and Adelbert Anduze, a former director of the division, again related accounts of mistreatment at the hands of division personnel.
Anduze described a series of events that resulted, he said, in the death of his son earlier this year. His case had been pending since 1997.
Mize told of waiting almost seven months for benefits, going into debt, and of the ongoing saga of her husband, who is currently filing for benefits. In her testimony, she accused Labor employee Roberta Sebastian of lying.
Also testifying were Stan Dawson, president of the V.I. Insurance Association, and Audrey T. Smith, director of the Government Insurance Fund, representing Finance Commissioner Bernice Turnbull. Dawson urged privatizing of the Workers' Comp program.
Committee members questioned Jacobs-Dow and assistant commissioner Jeanette Encarnacion on Labor procedures including how the two present claimants' cases were handled. Jacobs-Dow said those claims were being processed and couldn't be discussed. Under further questioning, both women told of department understaffing, the loss of two adjudicators, and the temporary loss of a third who recused herself from the Anduze case.
Committee member Gregory Bennerson stated at one point, "This whole situation wouldn't be happening if legislation by Sen. Lilliana Belardo de O'Neal a few years ago had been enacted." He said Workers' Compensation is supposed to be run by an agency with a board of directors to whom appeals can be taken. "The board would set procedures and set deadlines," he said. "You are administrating a program outside of the law – it's no wonder you have problems." Bennerson said the legislation has been overlooked by the last three governors.
A tirade, tears and conflicting facts
Sen. Adlah "Foncie" Donastorg then took the floor and attacked both Jacobs-Dow and the continual target of his ire and indignation, IDC director Frandelle Gerard. "I didn't vote for either of them," he said. "They need to be dismissed." Donastorg went on a tirade against both women, setting the stage for the fireworks to follow.
After a short break for the court reporter to change tapes, Jacobs-Down returned to the floor to tell David, "I sleep well when I go to bed." She said that during the break one of her staff members was in tears. "I told her, 'Don't let them take power over you,' " the commissioner continued. "Members of this body come in here and say anything they want to anybody, and it all goes in the record as fact – it's not fair. This body should have some responsibility!"
David countered that he just "wanted the facts."
"You, Sen. David, have used rumor and innuendo about me and the department," Jacobs-Dow replied. "When you have the facts, I will answer the facts."
David said, "The DOL is falling apart; there is no question about it."
Jacobs-Dow challenged David to name Labor employees he claims have complained about her. "I challenge you," she said. "I won't have you dragging names through the mud." David then brought up the name of Roberta Sebastian, whom Mize had described as lying to her. It was decided that Sebastian would testify after lunch when Jacobs-Dow was to return with the subpoenaed documents.
Sebastian did so, saying she was following directions from her supervisor. Jacobs-Dow wasn't in attendance, which David noted, saying he wouldn't tolerate any more of her earlier behavior.
Gerard gave basically the same testimony she had delivered at an Aug. 16 hearing, except for saying Thursday that if the senators really want to help the IDC, as they have said, they should get a senator to draft legislation to bring Margarita Benjamin, the commission's sole compliance officer, up to step salary, and to find funding for an assistant and for the St. Croix office as well.
Three Labor employees complained of the department management, citing grievances stemming from the retreat earlier this year. Bennerson said the Senate wasn't the body to deal with such concerns, and they should go to the Public Employees Relations Board.
Labor interviewer Lynett Hyndman said, "The DOL is like an open sore, but Jacobs-Dow isn't solely responsible." She and three other employees spelled out a litany of complaints largely focusing on low morale, lack of union support and lack of staff meetings.
Documentary drama to be continued
Just as David adjourned the meeting, Jacobs-Dow appeared at the door carrying an armful of documents. Action stopped for a second, as David looked over at her. Then he proceeded to walk out of the Senate chambers.
Jacobs-Dow appeared distressed. "I spent my whole lunch hour getting these together," she said, pausing to talk with colleagues. "The only facts David wants are the ones he creates."
Asked her reaction to criticism leveled by department personnel, she said, "We have 190 employees. If you want to do a story, ask some others."
She added, "Last year I sat right here and told them of Labor's shortcomings and what I need. No action has ever been taken. Just criticism. They haven't acted on one request… It's always been adversarial."
Asked if she would return for a future hearing which David had said he would call for a date to be announced, she responded that she would return with the documents. "I won't leave them with a clerk," she said.
Contrary to what was said by employees about the retreat, Jacobs-Dow said, she gave her staff plenty of notice and even postponed it a month.
David's explanation of why he didn't allow Jacobs-Dow to present the documents she had brought onto the floor was, "I hit the gavel, and that was that. The meeting was adjourned." He added that the commissioner could have telephoned to say she was on her way back to the hearing. Her failing to do so was "simply showing disrespect," he said.
