The V.I. Legislature and Government House are locked in a growing dispute over whether pay raises for public officials, outlined in a recent report, have actually gone into effect as scheduled on Jan. 1. While a press release from Government House Sunday appeared to confirm the raises were in place, conflicting statements have left the issue unclear, sparking calls for legal clarity.
Outgoing Senate President Novelle Francis emphasized Tuesday that the matter is under review by the Legislature’s legal counsel. “We are awaiting further guidance,” Francis said. “Our legal counsel is evaluating the statutes, timelines, and amendments to determine the proper course of action.” Francis explained that implementing such raises would typically involve a supplemental budget being sent down by the executive branch, followed by a legislative hearing to determine whether revenues can support the increases.
Speaking to The Source, Francis also raised concerns about the communication of the report. The Public Officials Compensation Commission (VIPOCC), responsible for evaluating public officials’ salaries, reportedly transmitted the report via email on Aug. 13. Government House has acknowledged receipt of the email, but Francis contends he never received it. “Even if an email was sent, it should have been accompanied by a signed transmittal,” Francis stated, adding that he had also not been contacted by Government House. “Something this significant requires formal and documented communication. You can’t just rely on an email and assume it was received.”
The VIPOCC, established under Act No. 7878 and amended by Act No. 8384 in 2020, is tasked with conducting salary evaluations for public officials. According to the law, recommendations in the commission’s report would automatically take effect if the Legislature failed to act within 90 days of submission. However, delays in funding and contracting for the study pushed the report’s completion beyond the original May 30, 2022, deadline.
In his release, sent at 8:40 p.m. on Jan. 5, Gov. Albert Bryan Jr. , said:
“In the spirit of transparency and accountability, today I announced that I have received the Public Officials Compensation Study Report from the Virgin Islands Public Officials Compensation Commission (VIPOCC). The report, submitted in accordance with Act No. 7878 and Act No. 8384, outlines adjustments to the compensation of public officials that will take effect January 1, 2025, as mandated by law.”
While the statement seemed to suggest the raises were in place, Government House Communications Director Richard Motta Jr. said on Tuesday that this is not necessarily the case. “The report completed by the VIPOCC indicates that the raises are effective January 1. The only information Government House is privy to in the matter is based on the contents of the VIPOCC’s report and the law that was passed by the Legislature.”
Motta further said that no actions had been taken to process Notices of Personnel Action or allocate funding to implement the raises. “The intent of the press release was to inform the public that the report had been received and acknowledged by the governor,” Motta said.
In response to the confusion, Sen. Dwayne DeGraff is petitioning his colleagues to convene a special session on Friday to repeal the raises — if they happen to be in effect. DeGraff expressed frustration over the lack of clarity and transparency surrounding the issue and pointed to ongoing financial obligations in the territory.
“I can’t support an increase when so many are living in poverty,” DeGraff said, highlighting that the starting salary for many government employees is $27,040. “Based on the conditions of the territory — including retroactive wage payments, school maintenance, and vendor bills – these raises are not justifiable at this time.”
DeGraff also said that during the Legislature’s last session, he was approached by majority colleagues who floated the idea of attaching a pay raise amendment to a bill but ultimately decided against it. “The fact that it was even considered in this way shows how casually these raises were approached,” DeGraff said.
The next steps remain uncertain. Further insights are expected as VIPOCC Chair Haldane Davies is scheduled to discuss the matter with The Source on Wednesday, potentially shedding light on the commission’s intent and the legal standing of the raises and the intent of the report.
