Sept. 24, 2008 — Constitutional Convention delegates spent another day-long session hammering out language for a draft constitution for the territory, while at the same time conceding that the chances of doing so by the October deadline are virtually non-existent.
Continuing at the podium Wednesday morning from Tuesday's all-day session was Michael Thurland, chairman of the Fifth Constitutional Convention's Executive Branch Committee.
Action taken Tuesday continued to ripple through discussion Wednesday. Delegates decided that the governor and lieutenant governor must be born in the territory, and that they be elected separately by voters. The latter prompted new debate Wednesday, as Thurland won approval for some of his committee's proposed language, and was sent back to the drawing board on other matters.
Delegate and former Gov. Charles Turnbull told his colleagues he was off island Tuesday, but had he been present, he would have cast a resounding "no" on the issue of separate elections for governor and lieutenant governor.
"I think we're making a mistake here," Turnbull said. "There will be more conflict than ever. We'll have two administrations. We're making a mistake."
Delegate Craig Barshinger agreed: "Imagine a football team where two of the members of the football team were playing for other people. That's what we've set up here."
"I would disagree with you wholeheartedly," Thurland shot back. "Having someone in the cabinet who is not a member of the team is not outside the scope of … the democratic system."
Separate elections would provide checks and balances, said Delegate Gerard Emanuel.
"Any time I have an opportunity to put more checks and balances in this document, I'm going to do it," he said.
As delegates focused on Wednesday's business, they agreed on a list of duties for the separately elected lieutenant governor, as well as on the succession of power and the election rather than the appointment of key cabinet people. But they disagreed on the matter of housing for the governor and lieutenant governor.
Time's Running Out
As deliberate as delegates were in reviewing executive-branch issues Wednesday, there was an underlying threat of futility predicating their discussion. Thurland declared that no way would the delegates — 30 of whom were elected to draft the document — have a finished product by Oct. 6, the deadline according to Convention President Gerard Luz James II. While the convention's executive director, Sonia Dow, said she believes the statutory deadline is Oct. 1, neither date seems doable.
"The first week of October, we will not have a finished product," Thurland thundered. "Even if we was here every night, 12 to 15 hours. We will not have it."
Delegate Claire Roker was frustrated that language in Thurland's proposal had not been more thoroughly vetted, prompting suggestions that it go back to committee for further review.
"How many times have we had a (committee) meeting and we don't have a quorum?" Roker asked. "We have until the 6th of October. This is now the 24th of September. When are you going to go back to committee to discuss this?"
Thurland encouraged his colleagues to lobby senators to use their next legislative session, set for Sept. 30, to approve an extension until March.
If there's no extension, according to James, a sixth convention would have to be convened for the process to continue.
"Start over again," he said.
Lieutenant Governor's Duties
Under language approved Wednesday, a lieutenant governor would serve as commissioner of insurance and chairman of the V.I. banking board, and have oversight of the office of the Recorder of Deeds, the tax assessor's office, the office of Corporations and Trademarks, the state health insurance program and the passport office. In addition, the lieutenant governor would be a member of the Public Finance Authority board and be the board chair of the Economic Development Authority. The latter, according to James, a former lieutenant governor, is the only new addition to the lieutenant governor's responsibilities. But some delegates felt it was inappropriate.
"Up until now, the governor has had his appointee as the chair of the Economic Development Authority," said Delegate Douglas Brady. "If we're now going to assign that duty to an independent person … I think we're inviting potential problems … where you could allow the lieutenant governor to engage in some kind of power play to extract whatever."
The EDA has no place in a constitution, Barshinger said.
"The EDA itself was created by legislation, and yet here we are in the constitution talking about the EDA, which can either be dissolved, recreated or reformed," he said. "We're being too specific. We seem to be building in potential conflict and problems rather than liberating future generations. I would urge us to be more careful."
The motion was approved 15 to 10, with five absent. Voting yes were Adelbert Bryan, Gerard Emanuel, Mario A. Francis, Lois Hassell-Habtes, Gerard Luz James II, Thomas Moore, Mary Moorhead, Eugene Peterson, Kendall Petersen, Claire Roker, Richard Scharder Jr., Robert Schuster, Lawrence Sewer, Michael Thurland and Alecia Wells. Voting no were Craig Barshinger, Douglas Brady, Rena Brodhurst, Douglas Capdeville, Violet Anne Golden, Stedmann Hodge Jr., Francis Jackson, Myron Jackson, Wilma Marsh Monsanto and Charles Turnbull. Absent were Arnold M. Golden, Clement Magras, Elsie Thomas-Trotman, Arturo Watlington Jr. and Lisa Williams.
Succession of Power and Official Residences
In the event of the death or incapacity of the governor, who would be succeeded by the lieutenant governor, delegates agreed to a system whereby the president of the senate and then the vice president of the senate, respectively, would be next in line.
Currently the commissioner of finance is next in line behind the lieutenant governor.
Some suggested that relying on a cabinet member knowledgeable about executive matters provides the smoothest transition. But the day was won with little dissent by a vote to preserve the public's voice by opting for someone elected rather than appointed.
"My reason is you keep it elected officials," said Delegate Mary Moorhead.
However, the body could not agree on where the governor and lieutenant governor should reside in the future. Some delegates felt that matter was not relevant to a constitution. Others felt it was important to guard the public's pursestrings, thus calling for no new construction. The suggestion that the two administrators live rent free met with objection. Who pays utilities? some asked.
Barshinger, once again, pressed delegates to focus on the big picture and not details.
"Does the governor have to take out the weed whacker himself?" Barshinger chided. "It's not for us to decide. We let go of the details and we can move through this."
The language was sent back to committee for review.
Elect, Don't Appoint Top Brass
Currently, the governor appoints the territory's top law-enforcement officer, the attorney general, as well as the chief auditor and fraud investigator, the inspector general. Under terms approved by the delegates Wednesday, these people would now have to run for office. Disagreement over this proposal was strong.
Electing these individuals makes them beholden, Delegate Francis Jackson said.
"That means he's going to need campaign contributors," Jackson argued, "and who are they? The rich and powerful. They can do more for him than the little man."
Forcing these individuals to campaign turns it into a popularity contest and not a review of serious credentials, Brady said.
"I think we can rely more on the governor to put the right person in place t
han we can on a situation where we require the A.G. to go out and huckster for votes," Brady said.
Emanuel disagreed.
"We have serious philosophical differences," he said. "I was elected to this Constitutional Convention to provide the people with more say in their government. I do not want to create a system of government that is dependent on the integrity of an official."
The delegates decided that in addition to electing these officials, the attorney general must have lived in the territory for at least five years before an election and have 10 years' worth of experience practicing in the territory after passing the bar. In addition, the attorney general will not manage the Bureau of Corrections.
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