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COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0077 Thirty-Sixth Legislature of the Virgin Islands May 8, 2025 An act amending title 3 Virgin Islands Code, chapter 37 to enact the Virgin Islands Commission on Ethics and Conflicts of Interest PROPOSED BY: Senators Kenneth L. Gittens Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 3 Virgin Islands Code, chapter 37, is amended by repealing section 2 1108 and reenacting it with amendments as follows: 3 “§1108. Membership 4 (a) The Virgin Islands Commission on Ethics and Conflicts of Interest is 5 composed of five members. The Governor of the Virgin Islands, the President of the 6 Legislature of the Virgin Islands, and the Chief Justice of the Supreme Court shall each 7 appoint one member, and two members must be private citizens jointly nominated by the 8 Governor and the Chief Justice of the Supreme Court of the Virgin Islands with the 9 advice and consent of the Legislature of the Virgin Islands. Before taking office, each 10 appointee to the Commission on Ethics and Conflicts of Interest shall take the oath of 11 office and execute the loyalty statement required of all officers and employees of the 12 Government of the Virgin Islands. 13 2 (b) Members of the commission shall serve for terms of five years until their 1 successors are appointed and qualified, but not longer than 60 days beyond the expiration 2 of their term. The initial appointees of the President of the Legislature, the Governor, 3 and the Chief Justice of the Supreme Court of the Virgin Islands shall each serve an initial 4 term of three years. The other two members who are jointly appointed by the Governor 5 and Chief Justice shall serve a full term of five years. 6 (c) No member may be appointed to more than two full five-year terms. 7 (d) An individual, while a member or employee of the Commission, may not: 8 (1) hold elected public office or campaign for any public office; 9 (2) hold appointed office in, be an employee in any capacity of, or be a 10 candidate for political office in the federal government or the Government of the 11 Virgin Islands, whether or not for compensation; 12 (3) hold office in any political party or political committee for one year 13 prior to appointment; 14 (4) actively participate in or contribute to any political campaign; or 15 (5) directly or indirectly attempt to influence any decision by a 16 governmental body, other than a court of law or as a representative of the 17 Commission on a matter within the jurisdiction of the Commission. 18 (e) A majority of the Commission, by resolution, shall declare vacant the 19 position on the Commission of any member who participates in activities prohibited by 20 subsection (d). An individual appointed to fill a vacancy occurring other than by the 21 expiration of a term of office shall serve for the unexpired term of the member the 22 individual succeeds and is eligible for appointment to two full five-year terms thereafter. 23 Any vacancy on the Commission must be filled not later than 60 days from the date of 24 the vacancy in the way that position was initially filled. 25 3 (f) The Commission shall elect a chairperson and a vice-chairperson. The vice- 1 chairperson shall act as chairperson in the absence of the chairperson or if there is a 2 vacancy in that position. The term of the chairperson and vice-chairperson is two years. 3 The chairperson may be reelected. 4 (g) A majority of the members of the Commission constitute a quorum, and 5 except as provided in section 1110(g), the vote of a majority of the members present is 6 required for any action or recommendation of the Commission. The chairperson or a 7 majority of the members of the Commission may call a meeting but advance written 8 notice of the meeting must be mailed or emailed not later than three business days to each 9 member and to any person who requests notice of the meetings. 10 (h) Members of the Commission must be compensated at a rate of $200 a day 11 for official meetings and are entitled to receive reimbursement for their actual and 12 necessary expenses while performing the business of the Commission. 13 (i) The Commission shall employ an executive director, a chief legal counsel 14 and other professional staff as are necessary to carry out its duties pursuant to this chapter. 15 These personnel serve at the pleasure of the Commission. The executive director is 16 responsible for the administrative operations of the Commission and shall perform other 17 duties as may be delegated or assigned by the Commission, but the Commission may not 18 delegate the making of regulations to the executive director. The chief legal counsel is 19 the chief legal officer of the Commission. The chief legal counsel and all other staff 20 counsel of the Commission must be individuals regularly admitted to practice law in the 21 Virgin Islands. The Chief Legal Counsel is responsible for hiring a legal secretary. 22 (j) The executive director shall hire at least two investigators and two support 23 staff. The Commission, through the executive director, may obtain the services of experts 24 and consultants as necessary to carry out its duties under this chapter. The Attorney 25 4 General shall make available to the Commission such personnel, facilities, and other 1 assistance as the Commission may request to assist in the performance of its duties. 2 (k) The Commission shall promulgate a code of conduct to govern the activities 3 and ethical standards of its members, which subjects the members to no less than is 4 required for public officials or public employees. 5 BILL SUMMARY 6 This bill establishes the Virgin Islands Commission of Ethics and Conflicts of Interest 7 and provides for the appointment, eligibility, term of office and compensation for members of 8 the commission. This bill also addresses the hiring of professional and support staff. 9 BR25-0276A/April 24, 2025/NS 10 DRAFTER’S NOTE 11 Pursuant to Section 16(c) of the Revised Organic Act 1954, this section of the bill 12 establishing the commission must be separate legislation. 13