Gov. Charles W. Turnbull has line-item vetoed a section of a transportation bill that sought to force the Public Services Commission to investigate the rates of the Virgin Islands Telephone Corp., calling it unconstitutional.
In a letter Friday to Senate President Vargrave Richards, Turnbull said, "The Legislature's attempt to encroach upon the function of the executive branch and compel an executive agency to perform an administrative investigative and quasi-judicial function that falls completely within the statutory and Constitutional authority of the executive branch strikes at the core of the Constitution's intent." He called the amendment "a blatant and intolerable violation" of the Constitution.
However, Attorney General Iver Stridiron told legislators in June that their request for a rate investigation did "not violate the separation of powers doctrine."
In mid-September, after repeated attempts by Sen. Adlah "Foncie" Donastorg–the senator said more than two dozen–to force an investigation of Vitelco's rates, senators authorized the investigation by a narrow 8-6 vote.
At that time Donastorg said, "The next hurdle is getting the governor's signature."
Stridiron's opinion said that "the PSC is a rightful subject of legislation," noting that though the commission exists under the Department of Licensing and Consumer Affairs, it is a "creature of the Legislature and has no inherent authority other than that granted by the Legislature."
Voting for the amendment were Donastorg and Sens. Lorraine Berry, Adelbert "Bert" Bryan, Roosevelt David, Judy Gomez, Alicia "Chucky" Hansen, Norman Jn Baptiste and Almando "Rocky" Liburd. Voting against were Golden and Sens. George Goodwin, Gregory Bennerson, Donald "Ducks" Cole, Vargrave Richards and David Jones.
In response to news of the veto Sunday morning, Donastorg said, "It shows the people of the Virgin Islands don't have any friends." He went on to criticize Turnbull's leadership, saying, "He leads by being led by different people around him."
"I'm not going to let it rest," Donastorg said.
