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THE Unrrep STATES VIRGIN ISLANDS OFFICE OF THE GOVERNOR GOVERNMENT HOUSE Charlotte Amalie, V.I. 00802 340-774-0001 EXECUTIVE ORDER NO. 483-2018 EXECUTIVE ORDER TO PROVIDE FOR THE IMPLEMENTATION OF NEW STARTING BASE SALARIES FOR EMPLOYEES AND CRITICAL HIRE POSITIONS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES RRKKRKKKK WHEREAS, pursuant to Section 11 of the Revised Organic Act of 1954, as amended, the Executive Power in the Virgin Islands is vested in the Governor who holds general supervisory power and control over all Departments, Bureaus, Agencies and Instrumentalities of the Executive Branch of the Government of the Virgin Islands; and WHEREAS, as mandated by law, the Governor shall maintain the efficiency of operations of the Government and determine the methods means and personnel necessary to conduct the operations of the Government and to maintain the efficiency of such operations in establishing and executing public policy not inconsistent with the rights of the citizens of the Virgin Islands amongst which are the paramount rights to have the Government protect their health, safety and welfare; and WHEREAS, on February 14, 2017, I executed Executive Order 481-2017 which, in pertinent part, froze all non-essential hiring in the Executive Branch of Government and suspended wage negotiations pursuant to the instructions contained in, and the ruling of, the United States Court of Appeals for the Third Circuit in the matter of United Steel Paper and Forestry Rubber Manufacturing Allied Industrial and Service Workers International Union AFL-CIO-CLC v. Government of the Virgin Islands; Governor of the Virgin Islands; Angel Dawson, Finance Commissioner: Debra Gottlieb, Director of Management and Budget, App. No. 14-4357, and St. Croix Federation AFT Local 1826; Rosa Soto-Thomas v. Governor of the Virgin Islands; V.1. Commissioner of Finance Angel Dawson, Jr.; Director of VIOMB Debra Gottlieb; 29" Legislature of the Virgin Islands; Virgin Islands Department of Education; Government of the Virgin Islands, App. No. 14-4358 (the “VIESA Case”); and WHEREAS, in its ruling, the United States Court of Appeals for the Third Circuit reasoned that the laws of the Virgin Islands require that there be actual funding for union contracts Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 and that the Executive Branch of the Government of the Virgin Islands in entering into those contracts did so knowing that it did not have the funding; and WHEREAS, the Territory has worked diligently since January 2015 to bring government employees’ salaries to a realistic and sustainable liveable wage; and WHEREAS, there are certain positions in the public sector which remain vacant or which remain severely understaffed due to a lack of qualified applicants as a result of the low entrance salaries; and WHEREAS, the Territory is in need of qualified applicants for various critical positions within the Government of the U.S. Virgin Islands, to include Teachers, Firefighters, Correction Officers, Registered Emergency Medical Technicians; Basic, Intermediate and Paramedic, Environmental Officers, Police Officers, Enforcement Officers, Social Workers, Head Start Teachers, and Executive Branch Employees; and WHEREAS, because the starting base salaries in the Territory for many of our public sector positions are so low, attributable to the $20,000 base salary minimum as established by Title 3, Virgin Islands Code, section 555b, there exists an inability to attract qualified individuals; and WHEREAS, on March 23, 2016, Act No. 7856 increased minimum wages for employees in the private sector to a rate of not less than $10.50 an hour to account for the high cost of living and to provide living wages in the Territory, and WHEREAS, as the minimum wage for public employees has not been changed in over a decade and it is imperative that a change in the base wage occur in the Executive Branch to attract qualified individuals to public service, and WHEREAS, in order to attract qualified applicants for public service, it is necessary to increase the base or entrance salaries of certain positions in the Government of the Virgin Islands and to provide a living wage of executive branch employees; NOW, THEREFORE, for the reasons stated above, and pursuant to the authority vested in me by the Revised Organic Act of 1954, as amended, and the Virgin Islands Code, I, Kenneth E. Mapp, Governor of the Virgin Islands of the United States, hereby orders effective August 1, 2018 that: Section 1: Virgin Islands Department of Education: a) The starting base salary for Teachers meeting all entrance qualifications shall be forty- four thousand dollars and zero cents ($44,000.00) per annum. b) The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 d) Section 2: a) b) d) the new starting base salary of $44,000.00 for qualified Teachers in accordance with this Executive Order. The Chief Negotiator shall only adjust the salaries for incoming and existing qualified Teachers in the Department of Education whose salaries are currently below the new starting base salary set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Teachers making less than the starting base salary of $44,000.00 per annum to $44,000.00 per annum. Virgin Islands Fire Service: The starting base salary for Firefighter Recruits shall be thirty-three thousand dollars and zero cents ($33,000.00) per annum while on probation. Once Firefighter Recruits successfully complete their probationary period, the base annual salary shall be thirty- eight thousand dollars and zero cents ($38,000.00). The salary of a Firefighter in any rank below Captain who completes and maintains an annual certification as a Registered Emergency Medical Technician, Basic (““REMT”) shall be increased by four thousand five hundred dollars ($4,500.00) per year, and the Firefighter/ (REMT) shall receive an annual stipend of $500.00 to maintain the required “REMT” medical bag with basic supplies as determined by the Commissioner of the Department of Health. If a Firefighter fails to maintain (REMT) certification, then the change in salary of $4,500.00 and the $500.00 stipend shall immediately end upon the loss of certification. The Director of the Fire Service shall annually determine the number of Firefighters in each District to be certified as Registered Emergency Medical Technicians, Basic. Within thirty (30) days of this Executive Order, the Director shall submit to the Governor for approval rules and regulations providing the criteria that will be used to determine the number of Firefighters needed as (REMT)s and the eligibility and process of fairly selecting Firefighters for certification. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salary of $33,000.00 for Firefighter Recruits in accordance with this Executive Order. Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 e) Section 3: a) b) d) The Chief Negotiator shall only adjust the salaries for incoming and existing Firefighter Recruits and qualified Firefighters whose salaries are currently below the new starting base salaries set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Firefighters making less than the completed probationary wage base salary of $38,000.00 per annum to $38,000.00 per annum. Virgin Islands Bureau of Corrections: The new starting base annual salary for Corrections Officer Cadets at the Virgin Islands Bureau of Corrections shall be thirty-five thousand dollars and no cents ($35,000.00) per annum while on probation. Once the Corrections Officer Cadet successfully completes their probationary period, the base annual salary shall be forty thousand dollars and zero cents ($40,000.00) per annum. The salary of a Corrections Officer in any rank below Captain who completes and maintains an annual certification as a Registered Emergency Medical Technician, Basic (“REMT”) shall be increased by four thousand five hundred dollars ($4,500.00) per year, and the Firefighter(REMT) shall receive an annual stipend of $500.00 to maintain the required “REMT” medical bag with basic supplies as determined by the Commissioner of the Department of Health. If any Corrections Officer fails to maintain (REMT) certification, then the change in salary of $4,500.00 and the $500.00 stipend shall immediately end upon the loss of certification. The Director of the Bureau of Corrections shall annually determine the number of Corrections Officers in each District to be certified as Registered Emergency Medical Technicians, Basic. Within thirty (30) days of this Executive Order, the Director shall submit to the Governor for approval rules and regulations providing the criteria that will be used to determine the number of Corrections Officers needed as (REMT)s and the eligibility and process of fairly selecting Corrections Officers for certification. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salary of $35,000.00 for Corrections Officer Cadets in accordance with this Executive Order. The Chief Negotiator shall only adjust the salaries for incoming and existing Corrections Officer Cadets and qualified Corrections Officers whose salaries are currently below the new starting base salaries set by this Executive Order. Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 f) The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Corrections Officers making less than the completed probationary wage base salary of $40,000.00 per annum to $40,000.00 per annum. Section 4: Virgin Islands Department of Health: a) b) d) g) The starting base salary for the Registered Emergency Medical Technicians, Basic employed at the Virgin Islands Department of Health shall be thirty-five thousand one hundred and fifty-nine dollars and no cents ($35,159.00) per annum. The starting base salary for the Registered Emergency Medical Technicians, Intermediate employed at the Virgin Islands Department of Health shall be thirty-seven thousand one hundred dollars and no cents ($37,100.00) per annum. The starting base salary for the Registered Emergency Medical Technicians, Paramedic employed at the Virgin Islands Department of Health shall be forty-one thousand one hundred and forty dollars and no cents ($41,140.00) per annum. The new starting base salary for Environmental Officers employed by the Virgin Islands Department of Health shall be thirty-seven thousand one hundred dollars and no cents ($37,100.00) per annum. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salaries of Registered Emergency Medical Technicians; Basic, Intermediate, and Paramedic, and Environmental Officers in accordance with this Executive Order. The Chief Negotiator shall only adjust the salaries for incoming and existing Emergency Medical Technicians and Environmental Officers whose salaries are currently below the new starting base salaries set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Emergency Medical Technicians Basic, Intermediate and Paramedic making less than the base salaries of $35,159.00, $37,100.00 and $41,140.00 per annum, respectively, and the base salary of $37,100.00 per annum for Environmental Officers, accordingly. Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 h) Section 5: a) b) d) Nothing in this Order shall be construed as deleting or removing the fifteen percent (15%) Hazardous Duty pay allotment paid to Registered Emergency Technicians. Virgin Islands Department of Planning and Natural Resources: The starting base salary for Enforcement Officer Recruit employed by the Virgin Islands Department of Planning and Natural Resources shall be thirty-three thousand dollars and zero cents ($33,000.00) per annum while on probation. Once the Enforcement Officer Recruit successfully completes their probationary period, the base annual salary shall be thirty-eight thousand dollars and zero cents ($38,000.00). The salary of an Enforcement Officer in any rank below Chief who completes and maintains an annual certification as a Registered Emergency Medical Technician, Basic (“REMT”) shall be increased by four thousand five hundred dollars ($4,500.00) per year, and the Enforcement Officer / (REMT) shall receive an annual stipend of $500.00 to maintain the required “REMT” medical bag with basic supplies as determined by the Commissioner of the Department of Health. If an Enforcement Officer fails to maintain (REMT) certification, then the change in salary of $4,500.00 and the $500.00 stipend shall immediately end upon the loss of certification. The Commissioner of the Department of Planning and Natural Resources shall annually determine the number of Enforcement Officers in each District to be certified as Registered Emergency Medical Technicians, Basic. Within thirty (30) days of this Executive Order, the Commissioner shall submit to the Governor for approval rules and regulations providing the criteria that will be used to determine the number of Enforcement Officers needed as (REMT)s and the eligibility and process of fairly selecting Enforcement Officers for certification. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salary of $33,000.00 for Enforcement Officer Recruits in accordance with this Executive Order. The Chief Negotiator shall only adjust the salaries for incoming and existing Enforcement Officer Recruits and qualified Enforcement Officers whose salaries are currently below the new starting base salaries set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 36, 2018 Page7 Section 6: a) b) d) Section 7. a) b) qualified Enforcement Officers making less than the completed probationary wage base salary of $38,000.00 per annum to $38,000.00 per annum. Virgin Islands Department of Licensing and Consumer Affairs: The starting base salary for Enforcement Officer Recruit employed by the Virgin Islands Department of Licensing and Consumer Affairs shall be thirty-three thousand dollars and zero cents ($33,000.00) per annum while on probation. Once the Environmental Officer Recruit successfully completes their probationary period, the base annual salary shall be thirty-eight thousand dollars and zero cents ($38,000.00). The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salary of $33,000.00 for Enforcement Officer Recruits in accordance with this Executive Order; The Chief Negotiator shall only adjust the salaries for incoming and existing Enforcement Officer Recruits and qualified Enforcement Officers whose salaries are currently below the new starting base salaries set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Enforcement Officers making less than the completed probationary wage base salary of $38,000.00 per annum to $38,000.00 per annum. Virgin Islands Police Department: The new starting base salary for Police Officer Recruits at the Virgin Islands Police Department shall be thirty-five thousand dollars and no cents $35,000.00 per annum. Once the Police Officer Recruit successfully completes the probationary period, the annual base salary shall be forty thousand nine hundred dollars and zero cents $40,900.00. The salary of any Police Officer in any rank below Lieutenant who completes and maintains an annual certification as a Registered Emergency Medical Technician, Basic (“REMT”) shall be increased by four thousand five hundred dollars ($4,500.00) per year, and the Environmental Officer/ (REMT) shall receive an annual stipend of $500.00 to maintain the required “REMT” medical bag with basic supplies as determined by the Commissioner of the Department of Health. If an Environmental Officer fails to maintain (REMT) certification, then the change in salary of $4,500.00 and the $500.00 stipend shall immediately end upon the loss of certification. Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 c) g) Section 8: a) b) The Commissioner of the Virgin Islands Police Department shall annually determine the number of Police Officers in each District to be certified as Registered Emergency Medical Technicians, Basic. Within thirty (30) days of this Executive Order, the Commissioner shall submit to the Governor for approval rules and regulations providing the criteria that will be used to determine the number of Environmental Officers needed as (REMT)s and the eligibility and process of fairly selecting Police Officers for certification. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salary of $35,000.00 for Police Officer Recruits in accordance with this Executive Order; The Chief Negotiator shall only adjust the salaries for incoming and existing Police Officer Recruits and qualified Police Officers whose salaries are currently below the new starting base salaries set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Police Officers making less than the completed probationary wage base salary of $40,900.00 per annum to $40,900.00 per annum. Department of Human Services: The new starting base salary for Social Workers employed by the Virgin Islands Department of Human Services shall be as follows: Social Worker I $45,130.00 per annum, Social Worker II $49,455.00 per annum, Social Worker III $54,180.00 per annum, Social Worker IV $57,395.00 per annum. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scale be adjusted to reflect the new starting base salaries for Social Workers in accordance with this Executive Order. The Chief Negotiator shall only adjust the salaries for incoming and existing Social Workers whose salaries are currently below the new starting base salaries set by this Executive Order. Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 d) Section 9: a) b) d) The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified social Workers making less than the completed probationary wage base salaries of $45,130.00, $49,455.00, $54,180.00 and $57,395.00 per annum to $45,130.00, $49,455.00, $54,180.00, and $57,395.00 per annum, as applicable. Department of Human Services: The new starting base salary for Teachers employed by the Department of Human Services for the Head Start program who meet the same qualifications as Teachers in the Department of Education shall be on parity with the minimum annual base wage of Teachers in the Department of Education, forty-four thousand dollars and no cents ($44,000.00) per annum. The new starting base salary for preschool Teacher Assistants employed by the Department of Human Services for the Head Start program shall be thirty-five thousand dollars and no cents ($35,000.00) per annum. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base or entrance annual salary pay scales be adjusted to reflect the new starting base salary of Teachers and Preschool Teacher Assistants employed by the Department of Human Services for the Head Start program in accordance with this Executive Order. The Chief Negotiator shall only adjust the salaries for incoming and existing qualified Head Start program Teachers and Preschool Teacher Assistants whose salaries are currently below the new starting base salaries set by this Executive Order. The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those qualified Teachers and Preschool Teacher Assistants making less than the completed probationary wage base salaries of $44,000.00 and $35,000.00 per annum to $44,0000.00 and $35,000.00 per annum, respectively. Section 10: Executive Branch Base Minimum Wage: a) b) The starting base minimum wage for all Government employees of the Executive Branch of the Government of the Virgin Islands of the United States shall be $13.00 per hour or $27,040.00 per annum. The Chief Negotiator in the Office of Collective Bargaining shall take all necessary steps to ensure that the base minimum wage pay scale for employees of the Executive Executive Order No. 483-2018 An Executive Order to Provide for the Implementation of New Starting Base Salaries for Employees and Critical Hire Positions in the Executive Branch of the Government of the Virgin Islands of the United States July 30, 2018 Branch be adjusted to reflect the new base minimum wage outlined in this Executive Order. c) The Chief Negotiator shall only adjust the salaries for incoming and existing Executive Branch Government employees whose salaries are currently below the new starting base salary set by this Executive Order. d) The Director of Personnel shall take all steps necessary to ensure that all Notices of Personnel Action are adjusted in accordance with this Executive Order for those employees in the Executive Branch whose salaries are less than the base minimum wage outlined in this Executive Order. Section 11: Effective Date: This Executive Order, No. 483-2018 shall take effect on August 1, 201 8, and shall remain in effect until such time as amended or repealed by a subsequent Executive Order of the Governor of the Virgin Islands of the United States. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Government of the Virgin Islands of the United States to be affixed at Charlotte Amalie, St. Thomas, U.S. Virgin Islands this 30 day of July, A.D. 2018. \ Kenneth E. Mapp Governor Attest: \ \ Osbert E. Potter! Lieutenant Governor