Jan. 9, 2002 – If you're worried about your Government Employees Retirement System funds, join a newly-formed group, Advocate for the Preservation of our Retirement System, at its meeting Jan. 26. It will be held at 10 a.m. at Bertha Boschulte Junior High School in St. Thomas.
Members will be at Tutu Park Mall from 10 a.m. to 3 p.m. on Jan. 12 with a petition that calls for a repeal of Senate bills that gave V.I. Water and Power hazardous duty workers early retirement without any funding and grant senators pension increases.
The group organized in October to fight what members view as giveaways from the government workers' retirement system.
"The Legislature is squandering our money," spokeswoman Marie Simmonds said.
She pointed out that government workers put money into the GERS system. When they retire, they depend on it for support.
For more information on the meeting and the organization, call Simmonds at 714-1961.

If you're worried about your Government Employees Retirement System funds, join a newly-formed group, Advocate for the Preservation of our Retirement System, at its meeting Jan. 26. It will be held at 10 a.m. at Bertha Boschulte Junior High School in St. Thomas.
Members will be at Tutu Park Mall from 10 a.m. to 3 p.m. on Jan. 12 with a petition that calls for a repeal of Senate bills that gave V.I. Water and Power hazardous duty workers early retirement without any funding and grant senators pension increases.
The group organized in October to fight what members view as giveaways from the government workers' retirement system.
"The Legislature is squandering our money," spokeswoman Marie Simmonds said.
She pointed out that government workers put money into the GERS system. When they retire, they depend on it for support.
For more information on the meeting and the organization, call Simmonds at 714-1961.

Jan. 9, 2002 – If you're worried about your Government Employees Retirement System funds, join a newly-formed group, Advocate for the Preservation of our Retirement System, at its meeting Jan. 26. It will be held at 10 a.m. at Bertha Boschulte Junior High School in St. Thomas.
Members will be at Tutu Park Mall from 10 a.m. to 3 p.m. on Jan. 12 with a petition that calls for a repeal of Senate bills that gave V.I. Water and Power hazardous duty workers early retirement without any funding and grant senators pension increases.
The group organized in October to fight what members view as giveaways from the government workers' retirement system.
"The Legislature is squandering our money," spokeswoman Marie Simmonds said.
She pointed out that government workers put money into the GERS system. When they retire, they depend on it for support.
For more information on the meeting and the organization, call Simmonds at 714-1961.

Jan. 8, 2002 – Students returned to classes Tuesday at three of the territory's four public high schools — Central, Charlotte Amalie and Ivanna Eudora Kean — that were accredited when they left two weeks ago for the yearend holidays break but are no longer now.
In the first half of November, the Commission on Secondary Schools of the Middle States Association of Colleges and Schools notified Education Department officials that it would be withdrawing the accreditation of all three schools as of Dec. 31, 2001. A flurry of hand-wringing, finger-pointing and appeals for mercy and one more chance ensued on the part of educators, politicians and parents.
On Tuesday, George K. Allison, chair of the Commission on Secondary Schools, said the V.I. government has appealed the loss of accreditation. But meanwhile, he said, Education Department officials "have filed papers of candidacy for the schools to go through the process" of being evaluated anew for accreditation. Typically, he said, "the process should take about a year."
The government's appeal of the loss of accreditation will go before the commission at its spring meeting in April, Allison said. A special committee appointed to review the Virgin Islands situation "will make a report at the April meeting, and then we will review the report and see what happens." But, he emphasized, "The commission has already taken action as far as the accreditation. That is why the schools are now candidate schools. The commission appeal process is a separate thing."
As candidates for new accreditation, Allison said, the schools "will have visits by members of the commission and will be starting the process of doing their self-study." John Bartemes, Middle States regional agent for the Caribbean, "is the person who would be overseeing it," he said.
"A lot of technicalities start when appeals are made," Bartemes, who is based in Puerto Rico, said. "Middle States sets this up to be as fair as possible. The appeal process — they hear witnesses, they hear all sides."
Bartemes was not in his present position when Middle States teams visited the territory as far back as 1997 and warned of shortcomings in terms of how well the schools were complying with the standards for accreditation. Nor was he involved in the review of their assessments by the Philadelphia-based commission. On Nov. 27, however, he and another Middle States region representative, Maryanne Keeley, "went over there and were at a meeting with the governor and quite a few other people."
Following that meeting, Education Commissioner Ruby Simmonds announced that the Education Department would appeal the commission's decision, that she would ask Middle States to extend the current accreditation through the end of the school year, and that the department would apply for re-accreditation for the schools.
On Monday, Dr. Susan Nicklas, deputy executive director of the Commission on Secondary Schools, said Middle States had been "inundated" with telephone calls about the V.I. situation — "from the media, legislators, the governor, parents. It got to the point where, because we had been getting all these calls, we had to make sure we were speaking with one voice." At that point, she said, it was decided that Allison would be the only CSS official to respond to queries for information.
Middle States officials have consistently stated that the loss of accreditation should not be viewed as a harmful blow to the schools but should be seen as the impetus for them to make changes that will improve the quality of education they offer. "This is going to work out better in the end, going through the process again, submitting reports to the committee members," Allison said.
Loss of accreditation "happens all the time, particularly in the larger cities," he said. "I would say that virtually all of the time, when something of this nature happens, those schools that are serious about their educational purpose do, in fact, get their act together."
The Education Complex on St. Croix, which opened its doors in the 1990s, has never sought accreditation.
The withdrawal of accreditation of the other three public high schools effective Dec. 31 capped a five-year continuum of non-compliance with commission standards.
In 1997, the three schools kept their accreditation but Middle States warned of the need for improvement in student and teacher attendance, a viable substitute teacher system and school-based budget control. Also of concern was the lack of space and librarians in the school libraries.
In February 1998, a Middle States team visiting the St. Thomas high schools warned that by the final inspection in April of that year, many improvements would be needed in order for the schools to keep their accreditation. In May, Middle States said the team sent to the schools "was firm in its view that little or no progress was made to correct these conditions following the last notice." Middle States ended up granting the schools conditional accreditation through Dec. 31, 1999.
In March of 1999, Middle States returned to the territory to review the areas of concern. Government House announced that the three schools had been assured of accreditation through May 1, 2001. On Jan. 10, 2000, in his first State of the Territory message, Gov. Charles W. Turnbull cited his commitment to "secure the re-accreditation of our secondary schools in both districts." Last March, Central High School dedicated a new administration building, freeing up space to expand its library.
In November, Bartemes described accreditation as a process. "It's external evaluation to let a school know where it stands and how to improve, and getting that input from a specialized, non-biased source … You get it, you have to keep it, you continually have to earn it again."
For information on secondary schools accreditation, visit the Middle Schools web site.
For background on the events dating from 1997 that led up to the withdrawal of accreditation from the three schools, see the Nov. 19 Source story "Public high schools to lose accreditation".

Jan. 8, 2002 – Students returned to classes Tuesday at three of the territory's four public high schools — Central, Charlotte Amalie and Ivanna Eudora Kean — that were accredited when they left two weeks ago for the yearend holidays break but are no longer now.
In the first half of November, the Commission on Secondary Schools of the Middle States Association of Colleges and Schools notified Education Department officials that it would be withdrawing the accreditation of all three schools as of Dec. 31, 2001. A flurry of hand-wringing, finger-pointing and appeals for mercy and one more chance ensued on the part of educators, politicians and parents.
On Tuesday, George K. Allison, chair of the Commission on Secondary Schools, said the V.I. government has appealed the loss of accreditation. But meanwhile, he said, Education Department officials "have filed papers of candidacy for the schools to go through the process" of being evaluated anew for accreditation. Typically, he said, "the process should take about a year."
The government's appeal of the loss of accreditation will go before the commission at its spring meeting in April, Allison said. A special committee appointed to review the Virgin Islands situation "will make a report at the April meeting, and then we will review the report and see what happens." But, he emphasized, "The commission has already taken action as far as the accreditation. That is why the schools are now candidate schools. The commission appeal process is a separate thing."
As candidates for new accreditation, Allison said, the schools "will have visits by members of the commission and will be starting the process of doing their self-study." John Bartemes, Middle States regional agent for the Caribbean, "is the person who would be overseeing it," he said.
"A lot of technicalities start when appeals are made," Bartemes, who is based in Puerto Rico, said. "Middle States sets this up to be as fair as possible. The appeal process — they hear witnesses, they hear all sides."
Bartemes was not in his present position when Middle States teams visited the territory as far back as 1997 and warned of shortcomings in terms of how well the schools were complying with the standards for accreditation. Nor was he involved in the review of their assessments by the Philadelphia-based commission. On Nov. 27, however, he and another Middle States region representative, Maryanne Keeley, "went over there and were at a meeting with the governor and quite a few other people."
Following that meeting, Education Commissioner Ruby Simmonds announced that the Education Department would appeal the commission's decision, that she would ask Middle States to extend the current accreditation through the end of the school year, and that the department would apply for re-accreditation for the schools.
On Monday, Dr. Susan Nicklas, deputy executive director of the Commission on Secondary Schools, said Middle States had been "inundated" with telephone calls about the V.I. situation — "from the media, legislators, the governor, parents. It got to the point where, because we had been getting all these calls, we had to make sure we were speaking with one voice." At that point, she said, it was decided that Allison would be the only CSS official to respond to queries for information.
Middle States officials have consistently stated that the loss of accreditation should not be viewed as a harmful blow to the schools but should be seen as the impetus for them to make changes that will improve the quality of education they offer. "This is going to work out better in the end, going through the process again, submitting reports to the committee members," Allison said.
Loss of accreditation "happens all the time, particularly in the larger cities," he said. "I would say that virtually all of the time, when something of this nature happens, those schools that are serious about their educational purpose do, in fact, get their act together."
The Education Complex on St. Croix, which opened its doors in the 1990s, has never sought accreditation.
The withdrawal of accreditation of the other three public high schools effective Dec. 31 capped a five-year continuum of non-compliance with commission standards.
In 1997, the three schools kept their accreditation but Middle States warned of the need for improvement in student and teacher attendance, a viable substitute teacher system and school-based budget control. Also of concern was the lack of space and librarians in the school libraries.
In February 1998, a Middle States team visiting the St. Thomas high schools warned that by the final inspection in April of that year, many improvements would be needed in order for the schools to keep their accreditation. In May, Middle States said the team sent to the schools "was firm in its view that little or no progress was made to correct these conditions following the last notice." Middle States ended up granting the schools conditional accreditation through Dec. 31, 1999.
In March of 1999, Middle States returned to the territory to review the areas of concern. Government House announced that the three schools had been assured of accreditation through May 1, 2001. On Jan. 10, 2000, in his first State of the Territory message, Gov. Charles W. Turnbull cited his commitment to "secure the re-accreditation of our secondary schools in both districts." Last March, Central High School dedicated a new administration building, freeing up space to expand its library.
In November, Bartemes described accreditation as a process. "It's external evaluation to let a school know where it stands and how to improve, and getting that input from a specialized, non-biased source … You get it, you have to keep it, you continually have to earn it again."
For information on secondary schools accreditation, visit the Middle States web site.
For background on the events dating from 1997 that led up to the withdrawal of accreditation from the three schools, see the Nov. 19 Source story "Public high schools to lose accreditation".

Jan. 4, 2002 – An exhibition of works by St. John watercolorist Elaine Estern will open at Alexander's Café in Frenchtown on St. Thomas Friday with a meet-the-artist champagne reception from 5 to 7 p.m.
Estern, a 28-year resident of the Virgin Islands, describes herself as "living the dream." She resides and works in a blue-shuttered beachfront home on St. John's Frank Bay that is itself a work of art — bought as a Hurricane Hugo makeover project and today a picturesque feature in a number of her paintings.
Art, Estern says, is her "fourth (and final) career" — following on mother, Montessori school administrator and paramedic. A veteran sailing, diving and snorkeling enthusiast, she is known for her images that combine under- and above-water perspectives. She works only in watercolor, the appropriate medium, she ways, for capturing fish in their natural environment.
In addition to original paintings and prints, she produces an annual calendar of frameable artwork and a variety of gift items that feature her art, from mouse pads to stone trivets and coasters.
Born in California and raised in Brazil, Estern has always lived in or near the tropics, and her artwork has always reflected her interests as an environmentalist. She got her first watercolor instruction from prominent artist David Millard, who winters on St. Thomas. When she opened her Coconut Coast Studios more than a decade ago, she was among the few artists in the Virgin Islands to own and operate a gallery as well as produce artwork.
For the Alexander's show, "I am going to dedicate the majority of the space to underwater art, but I will have a few other pieces," she says. Among the other works that will hang in the Frenchtown restaurant are "Harbor View," a vista from the old L'Hotel Boynes on St. Thomas's Blackbeard's Hill, and a beach scene curiously titled "Flamboyant Megan's."
"Yes, I know the spelling is wrong," Estern says with a chuckle, "but that is the way it was put into print in last year's calendar. My printer's daughter is named Megan, and she thought I made a typo!"
One of her favorite recent paintings that will be in the show is "Coki Point," which has been reproduced in her 2002 calendar. It's "a spectacular underwater scene, with many smaller portraits of fish framed and placed around it," she says.
Estern has had numerous solo shows and has exhibited in galleries throughout the Caribbean and in Hawaii. Her work can be found in collections throughout the world, including the White House. In addition to showing at her own studio, she is represented at Harmony Hall in Antigua and Les Artisans in St. Barths. She was accepted into the 2001 San Diego International Watercolor Contest. For a sampling of her art, visit her Coconut Coast Studios web site.
Alexander's is offering a special menu prix fixe dinner following the reception. Reservations are required; they may be made by calling 774-4349.
The show will comprise 13 works — mainly watercolors and lithographs. The reception raffle winner will receive a mixed media "Shadow Box Fish Bowl." It will hang through Feb. 7.

Jan. 8, 2002 – Lloyd's Underwriters filed a complaint in Territorial Court Monday against Lt. Gov. Gerard Luz James II in his capacity as commissioner of Insurance. The company also has asked for a temporary restraining order to prevent James from enforcing an order he executed in December that said insurance companies in the territory could not cancel or non-renew insurance policies unless they were facing bankruptcy and unless they had his explicit approval. (See "Lt. gov.: Insurance firms can't cancel policies".)
Lloyd's attorneys Henry Feurezeig and Simone R.D. Francis said the lieutenant governor's action ignored constitutional law and is and unfounded under Virgin Islands law.
On Dec. 20, James selectively notified the media of a meeting in the rotunda of the Lieutenant Governor's Office on St. Thomas to announce his order. He later issued a press release about the order to some of the media. However, according to the complaint — and members of the insurance industry who were contacted at the time — it wasn't until after announcing his order to the media that James told the Lloyd's representatives or anyone else in the industry about his directive.
In fact, the complaint states the Lloyd's representatives did not receive the order until Dec. 31.
James's order was to go into effect retroactive to Dec. 1 and demanded that insurers who had canceled or non-renewed policies after Dec. 1 reinstate them.
A memorandum in support of the restraining order says the retroactive nature of the order is a violation of the due process clause of the U.S. Constitution.
James claimed his action was taken to protect the public from what he suggested were inordinately high insurance premiums. The memorandum says his action will have the opposite effect by "substantially decreasing the number of carriers willing to write homeowner windstorm policies in the territory.
"It is not difficult to ascertain that unfounded and unlawful action by the commissioner … strongly deters new insurers from coming to the territory and provides enormous incentive for insurers who are writing business in the territory presently to leave in search of friendlier venues in which a reasonable return would be possible."
The memorandum also says James's order fails to mention the losses some Lloyd's underwriters have experienced in the last 12 years of doing business in the territory. It states that since 1988 underwriters at Lloyd's have paid out more than $412 million in claims while collecting just over $286 million in premiums.
Further, the memorandum says, what James seeks is not within his authority, and even if it were, he failed to adhere to the legal procedural requirements of an executive order — which include filing it with the lieutenant governor, obtaining approval from the governor, submitting it to the Legislature, and publishing it in the V.I. Rules and Regulations and in at least one newspaper.
The Lloyd's attorneys pointed out the V.I. Code allows any insurer to non-renew any insurance policy with 30 days' notice. "The commissioner's order refers to no statute or case law in the Virgin Islands that authorizes him … to abrogate the right of insurers … to non-renew at the end of the policy term," they said.
At the time of his notice to the media of his order, James said he would hold a "hearing" on Jan. 29 in his office during which he would invite insurance companies to show cause why his order shouldn't remain in effect.
In addition to the temporary restraining order, Lloyd's has asked the court for a preliminary injunction to stop James from enforcing his order until the insurance company is "afforded a hearing." The company charges James with "putting the proverbial cart before the horse by failing to undertake his investigation first." And this, it says, "is in direct contravention of the spirit and intent of [the law], which plainly contemplates hearings first, then orders, not the reverse."
It is anticipated that the court will act on the request shortly.

Jan. 8, 2002 – Lloyd's Underwriters filed a complaint in Territorial Court Monday against Lt. Gov. Gerard Luz James II in his capacity as commissioner of Insurance. The company also has asked for a temporary restraining order to prevent James from enforcing an order he executed in December that said insurance companies in the territory could not cancel or non-renew insurance policies unless they were facing bankruptcy and unless they had his explicit approval. (See "Lt. gov.: Insurance firms can't cancel policies".)
Lloyd's attorneys Henry Feurezeig and Simone R.D. Francis said the lieutenant governor's action ignored constitutional law and is unfounded under Virgin Islands law.
On Dec. 20, James selectively notified the media of a meeting in the rotunda of the Lieutenant Governor's Office on St. Thomas to announce his order. He later issued a press release about the order to some of the media. However, according to the complaint — and members of the insurance industry who were contacted at the time — it wasn't until after announcing his order to the media that James told the Lloyd's representatives or anyone else in the industry about his directive.
In fact, the complaint states the Lloyd's representatives did not receive the order until Dec. 31.
James's order was to go into effect retroactive to Dec. 1 and demanded that insurers who had canceled or non-renewed policies after Dec. 1 reinstate them.
A memorandum in support of the restraining order says the retroactive nature of the order is a violation of the due process clause of the U.S. Constitution.
James claimed his action was taken to protect the public from what he suggested were inordinately high insurance premiums. The memorandum says his action will have the opposite effect by "substantially decreasing the number of carriers willing to write homeowner windstorm policies in the territory.
"It is not difficult to ascertain that unfounded and unlawful action by the commissioner … strongly deters new insurers from coming to the territory and provides enormous incentive for insurers who are writing business in the territory presently to leave in search of friendlier venues in which a reasonable return would be possible."
The memorandum also says James's order fails to mention the losses some Lloyd's underwriters have experienced in the last 12 years of doing business in the territory. It states that since 1988 underwriters at Lloyd's have paid out more than $412 million in claims while collecting just over $286 million in premiums.
Further, the memorandum says, what James seeks is not within his authority, and even if it were, he failed to adhere to the legal procedural requirements of an executive order — which include filing it with the lieutenant governor, obtaining approval from the governor, submitting it to the Legislature, and publishing it in the V.I. Rules and Regulations and in at least one newspaper.
The Lloyd's attorneys pointed out the V.I. Code allows any insurer to non-renew any insurance policy with 30 days' notice. "The commissioner's order refers to no statute or case law in the Virgin Islands that authorizes him … to abrogate the right of insurers … to non-renew at the end of the policy term," they said.
At the time of his notice to the media of his order, James said he would hold a "hearing" on Jan. 29 in his office during which he would invite insurance companies to show cause why his order shouldn't remain in effect.
In addition to the temporary restraining order, Lloyd's has asked the court for a preliminary injunction to stop James from enforcing his order until the insurance company is "afforded a hearing." The company charges James with "putting the proverbial cart before the horse by failing to undertake his investigation first." And this, it says, "is in direct contravention of the spirit and intent of [the law], which plainly contemplates hearings first, then orders, not the reverse."
It is anticipated that the court will act on the request shortly.

Jan. 4, 2002 – An exhibition of works by St. John watercolorist Elaine Estern will open at Alexander's Café on Friday with a meet-the-artist champagne reception from 5 to 7 p.m.
Estern, a 28-year resident of the Virgin Islands, describes herself as "living the dream." She resides and works in a blue-shuttered beachfront home on St. John's Frank Bay that is itself a work of art — bought as a Hurricane Hugo makeover project and today a picturesque feature in a number of her paintings.
Art, Estern says, is her "fourth (and final) career" — following on mother, Montessori school administrator and paramedic. A veteran sailing, diving and snorkeling enthusiast, she is known for her images that combine under- and above-water perspectives. She works only in watercolor, the appropriate medium, she ways, for capturing fish in their natural environment.
In addition to original paintings and prints, she produces an annual calendar of frameable artwork and a variety of gift items that feature her art, from mouse pads to stone trivets and coasters.
Born in California and raised in Brazil, Estern has always lived in or near the tropics, and her artwork has always reflected her interests as an environmentalist. She got her first watercolor instruction from prominent artist David Millard, who winters on St. Thomas. When she opened her Coconut Coast Studios more than a decade ago, she was among the few artists in the Virgin Islands to own and operate a gallery as well as produce artwork.
For the Alexander's show, "I am going to dedicate the majority of the space to underwater art, but I will have a few other pieces," she says. Among the other works that will hang in the Frenchtown restaurant are "Harbor View," a vista from the old L'Hotel Boynes on St. Thomas's Blackbeard's Hill, and a beach scene curiously titled "Flamboyant Megan's."
"Yes, I know the spelling is wrong," Estern says with a chuckle, "but that is the way it was put into print in last year's calendar. My printer's daughter is named Megan, and she thought I made a typo!"
One of her favorite recent paintings that will be in the show is "Coki Point," which has been reproduced in her 2002 calendar. It's "a spectacular underwater scene, with many smaller portraits of fish framed and placed around it," she says.
Estern has had numerous solo shows and has exhibited in galleries throughout the Caribbean and in Hawaii. Her work can be found in collections throughout the world, including the White House. In addition to showing at her own studio, she is represented at Harmony Hall in Antigua and Les Artisans in St. Barths. She was accepted into the 2001 San Diego International Watercolor Contest. For a sampling of her art, visit her Coconut Coast Studios web site.
Alexander's is offering a special menu prix fixe dinner following the reception. Reservations are required; they may be made by calling 774-4349.
The show will comprise 13 works — mainly watercolors and lithographs. The reception raffle winner will receive a mixed media "Shadow Box Fish Bowl." It will hang through Feb. 7.

Jan. 8, 2002 – The Tuesday morning power outages which affected several feeders on St. Thomas occurred after Water and Power Authority crews undid some of the temporary measures they had put in place Sunday following an insulator failure that shorted out two large circuits at the Krum Bay power plant, WAPA assistant executive director Glenn Rothgeb said Tuesday afternoon.
On Sunday, Rothgeb told WVWI Radio, WAPA switched feeder 10A to run off of feeder 8B. But with the power situation stabilized, he said Tuesday, areas served by feeder 10A were reporting low-voltage current. "We had to take the feeders down to redistribute the load to avoid the low-voltage incidents from happening," he said.
There was no failure at the power plant itself Tuesday, Rothgeb emphasized. He said WAPA personnel had to take the feeders down in order to redistribute the power demand loads. As they completed that work, the feeders were brought back on line one by one, he said.