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Collection
Hearing Records
Sub-shelf
Session
Kind
Hearing Record
Entity
Legislature of the Virgin Islands
Type
The Honorable Carolyn Hermon-Percell
Pages
16
Text
Partial Text

OfficeoftheGovernor UnitedStatesVirginislands PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE YOU COMPLETE THIS QUESTIONNAIRE. 1) 2) 3) 4) 5) ALL questions must be fully and correctly answered and returned to the Office of Legal Counsel within seven (7) business days of your receipt of the Questionnaire. Do not submit a resume instead of this Questionnaire. If more than the allotted space on this form is required for a complete and full answer, please attach as many additional 8% x 11 sheets as may be needed. At the top of each additional sheet put your name, "Office of the Governor, Office of Legal Counsel", and then reference the question number before each answer. The Questionnaire is in Word Format. Please complete all responses clearly in black font color. Responses are NOT to be hand written. Please do not hesitate to call the Office of Legal Counsel at Government House at (340) 774-0001 if you have any questions concerning this Questionnaire. …

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OfficeoftheGovernor UnitedStatesVirginislands PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE YOU COMPLETE THIS QUESTIONNAIRE. 1) 2) 3) 4) 5) ALL questions must be fully and correctly answered and returned to the Office of Legal Counsel within seven (7) business days of your receipt of the Questionnaire. Do not submit a resume instead of this Questionnaire. If more than the allotted space on this form is required for a complete and full answer, please attach as many additional 8% x 11 sheets as may be needed. At the top of each additional sheet put your name, "Office of the Governor, Office of Legal Counsel", and then reference the question number before each answer. The Questionnaire is in Word Format. Please complete all responses clearly in black font color. Responses are NOT to be hand written. Please do not hesitate to call the Office of Legal Counsel at Government House at (340) 774-0001 if you have any questions concerning this Questionnaire. Jafar trends efface fo­r to medested IfÉÉhÉfIfffTÉI ahfggfggg tetott tD oooofsttt ostaffffassage Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions 3| Page NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL 10. EMPLOYMENT RECORD: Please list, in chronological order, your complete employment record for the past ten (10) years, beginning with the present or most recent position. [Attach additional sheet(s), if necessary, and reference this question number] 00803 Employer Dates of Position Address/Phone # Supervisor Employment Virgin Islands Casino | March 24, 2022 | Commissioner | 3005 Orange Hon. Marvin L. Control Commission to present Grove, C’sted., Pickering, St. Croix, VI Chairman/CEO 00820 Superior Court of the | Nov. 13, 2013 Magistrate Alexander A, Hon. Michael Virgin Islands to Judge Farrelly Justice Dunston, Nov. 16, 2021 Center, P.O. Box | Presiding Judge, 70, St. Thomas, VI | Retired; Hon. 00804 Harold Willocks, (340) 774-6680 Presiding Judge Law Offices of Percell | August 1997 Partner & Trompeter Gade, | None (self- & Hermon-Percell, to Managing P.O. Box 304910, | employed) P.C. November 2013 | Attorney St. Thomas, VI Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions 4|Page NOMINEE’S NAME: CAROLYN P, HERMON-PERCELL 11. GOVERNMENT EXPERIENCE: A. List all federal, state, territorial or local government service, giving dates and type of service such as employee, boards, commissions, executive, legislative or judicial branches, consultant, voluntary service, part-time or honorary. [Attach additional sheet(s), if necessary, and reference this question number] B. List and attach a copy of all service contracts you have held independently or been a party to with the Government of the Virgin Islands. 1. Virgin Islands Casino Control Commission, March 24, 2022-present, employee: Commissioner 2. Superior Court of the Virgin Islands, November 2013-November 2021, employee: Magistrate Judge 3. Superior Court of the Virgin Islands, June-August 1993 and August 1995-August 1997, employee: law clerk 4. Legislature of the Virgin Islands, October 1983-August 1992, employee: legal intern, administrative assistant, researcher None 12. BUSINESSES AND FINANCIAL INTEREST: List all businesses (for profit or not for profit), real estate and trusts in which you have at least a 10% interest or control of assets or serve as an officer or member of a board with voting rights. [Attach additional sheet(s), if necessary, and reference this question number] Karl R. Percell Trust dated January 28, 1999, as amended. Karl R. Percell & Carolyn P. Hermon- Percell, co-trustees Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions 5|Page NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL Carolyn P. Hermon-Percell Trust dated January 28, 1999, as amended. Carolyn P. Hermon-Percell and Karl R. Percell, co-trustees. 13. QUALIFICATIONS: What in your opinion qualifies you to serve the People of the Virgin Islands in the position, which the Governor has nominated you? See attached. SECTION I: HONORS AND ACCOMPLISHMENTS 14. MEMBERSHIPS: List all memberships and offices held in professional, fraternal, scholarly, civic, charitable, and other organizations. American Bar Association Fellows of the American Bar Foundation (American Bar Association) St. Thomas-St. John Friends of Denmark Society 15. BOARDS, COMMISSIONS, TRUSTS, ETC.: _List all government or private sector boards, trusts or fiduciary responsible positions on which you have served or are now serving. President of the Congregation and Council, Frederick Evangelical Lutheran Church, Inc., April 2023 to present President of the Board of Directors, Ebenezer Gardens Housing (Lutheran Social Services of the Virgin Islands, Inc.), 2008-2013 President of the Congregation and Council, Frederick Evangelical Lutheran Church, Inc., March- October 2013. Also served as a Council member. Secretary, Board of Governors, Virgin Islands Bar Association, term ended 2005 Office of the Governor, Office of Legal Counsel Questionnaire for Nominees to Departments, Agencies, Boards & Commissions Nominee: CAROLYN P. HERMON-PERCELL 13. What in your opinion qualifies you to serve the People of the Virgin Islands in the position which the Governor has nominated you? | believe that I am qualified to serve on the Board of Trustees of the University of the Virgin Islands (UVI). As one of three Commissioners currently serving on the Virgin Islands Casino Control Commission, | understand government operations, and this will assist in the furtherance of the Board’s duties and responsibility for the general management and control of the affairs of the institution. After 25 years of legal practice and as a retired Magistrate Judge of the Superior Court of the Virgin Islands, | have the knowledge and experience to read, understand, and contribute to the development of policies and other legal documents needed to guide UVI. | also have the training to research and to seek and listen to all sides of a question to make informed decisions. As an UVI alumna and a life-long Virgin Islander, | have a keen interest to contribute to the continuing growth of UVI as a premier institution of higher education. Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions 6| Page NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL 16. HONORS AND AWARDS: List all scholarships, fellowships, honorary degrees, honor society memberships, and any other special recognition for outstanding service or achievement. President’s Award, Virgin Islands Bar Association, 2016 (in recognition of service as Magistrate Judge) 17. PUBLISHED WRITINGS: List all titles, publishers and dates of books, articles, reports, or other published materials you have written. None (however, as a judicial officer, orders and judgments that ! have authored are matters of public record and can be found on the public access portal of the Superior Court of the Virgin Islands) SECTION Ili: CHARACTER 18. Have you ever been the subject of a grand jury, police, and department of justice or any legally constituted government authority, investigation anywhere or at anytime? YES X NO If you answer is yes, please explain with details including date and location. [Attach additional sheet(s), if necessary, and reference this question number] 19. Have you ever been arrested in any geographical location for any offense, including traffic violations? YES X_ NO Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions 7|Page NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL If yes, please explain with details including offense, date of location and disposition. [Attach additional sheet(s), if necessary, and reference this question number] 20. Have you ever been convicted of a felony or a misdemeanor? YES _X_ NO If yes, please explain with details including offense, date, location and current status. [Attach additional sheet(s), if necessary, and reference this question number] 21. Is there now or has there ever been a judgment entered against you? X__YES NO If the answer is yes, please explain with details on date, location and disposition or current status. [Attach additional sheet(s), if necessary, and reference this question number] Lori Gilmore Malloy v. Carmen Reyes, et al., Civil No. ST-2009-CV-00414, Superior Court of the Virgin Islands (STT). As co-trustee of the Karl R. Percell and the Carolyn P. Hermon-Percell Trusts, | was named as a party defendant, along with six other defendants including the Government of the Virgin Islands, in this civil action disputing the use of a roadway in St. John. The trusts own real property adjacent to the road subject to the dispute. The matter was fully adjudicated by Final Judgment dated May 24, 2016, and entered on the record on February 27, 2017. On July 22, 2020, the plaintiff executed an Acknowledgement of Satisfaction of Judgment and Release of Lis Pendens pertaining to the money judgment. This Acknowledgment was recorded at the Virgin islands Office of the Recorder of Deeds, District of St. Thomas-St. John, on September 2, 2020 (doc. no. 2020004459). Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions GlPage NOMINEE’S NAME: CAROLYN P, HERMON-PERCELL 0. Have you ever been convicted of a felony or a misd —_— If yes, please explain withdetails including offense, d e, location, and current status. [Attach additional sheet(s), if necesSary, and reference this questi Is there now or has lf the answer is yes, please explain with details date, location and disposition or current status. [Attach additional sheet(s), if necessary, and reference this question number] \ XX V 22. Have you ever been a respondent in any labor dispute or discrimination proceeding? YES X NO If the answer is yes, please explain with details on date, location and disposition or current status. [Attach additional sheet(s), if necessary, and reference this question number] 23. Have you ever been named as a party in any hearing, administrative, civil, and criminal, including Equal Employment Opportunity or sexual harassment? YES xX _NO If yes, please explain in detail, giving date, venue, agency, and the names of the other parties and the disposition. [Attach additional sheet(s), if necessary, and reference this question number] Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions qiPage NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL 24. Have you now or have you ever been a member of an organization or an associate of an individual advocating terrorism, overthrow of a government by force or the advocacy or subordination of any ethnic group or individuals? __YES X__NO If the answer is yes, please give details of dates, names of organizations, names of individuals and all pertinent circumstances. [Attach additional sheet(s), if necessary, and reference this question number] 25. Do you know of any individual, organization or group, which can be expected to oppose your nomination? _ YES X NO If the answer is yes, please list the individuals, organizations or groups by name and give the details of your belief for their opposition. [Attach additional sheet(s), if necessary, and reference this question number] 26. Do you have any outstanding and delinquent monetary obligations to the Government of the Virgin Islands or any other public or private entity, including but not limited to, personal income taxes, business taxes, real property taxes (commercial or residential), business license renewals, trade name renewals, annual reporting fees, professional organization dues, child support, judgments, debt Office of the Governor , Questionnaire for Nominees to Departments, Agencies, Boards & Commissions @| Page NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL Government of the Virgin Islands, includes but is not limited to the following departments, agencies and instrumentalities: the Bureau of Internal Revenue, Tax Assessor, Department of Justice Division of Paternity and Child Support, Board of Education, Economic Development Authority, U. S. Small Business Administration, Small Business Development Center, Police Department, Department of Licensing and Consumer Affairs, the Water and Power Authority, the Waste Management Authority, Department of Health, Department of Human Services YES x NO If the answer is yes, please attach a detailed explanation of what outstanding and delinquent monetary obligations are owed, the reason for the delinquency, and the intended plan to bring the matter current. SECTION IV: CONFLICT OF INTEREST 27. Please explain your understanding of "Conflict of Interest" as it applies to the position to which you have been nominated to serve the People of the Virgin Islands. See attached. 28. Do you own a business or real estate, or are you a partner or shareholder or affiliated in any way to sell or provide goods or services to the Virgin Islands Government? YES x NO If the answer is yes, please explain and give the name and location of these interest(s) and how you promise to remove yourself from any possible conflict. [Attach additional sheet(s), if necessary, and reference this question number] Office of the Governor, Office of Legal Counsel Questionnaire for Nominees to Departments, Agencies, Boards & Commissions Nominee: CAROLYN P. HERMON-PERCELL 27. Please explain your understanding of “Conflict of Interest” as it applies to the position to which you have been nominated to serve the People of the Virgin Islands. | understand a conflict of Interest to be any instance when there is an actual or an appearance of partiality or bias in decision-making because the decision maker, directly or indirectly, has an incentive to seek a particular outcome for personal or other benefit. Specifically, within the context of the Board of Trustees of the University of the Virgin Islands (UVI), as set forth in the UVI Bylaws, Article Ill, § 8, “a Trustee has a conflict of interest if he or she acquires a personal interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project or receives a substantial benefit from or has a substantial business interest in any organization that does business with the University.” In my practice as an attorney and during my eight years as a VI Superior Court Magistrate Judge, | had to regularly monitor for actual or potential conflicts to ensure fairness in justice. As a current VI Casino Control Commissioner, | again have a continuing duty to identify conflicts in furtherance of the work of the Commission to maintain the stability and continuity of casino gaming in the territory. | have never had any hesitancy in disclosing an actual or potential conflict of interest or in abstaining or recusing from a matter when my objectivity could be questioned, or my participation would cloud the process. Similarly, | would serve on the Board of Trustees with the best interest of UVI and the public good as my paramount goals. Office of the Governor Questionnaire for Nominees to Departments, Agencies, Boards & Commissions i |Page NOMINEE’S NAME: CAROLYN P. HERMON-PERCELL 29. Does any close relative or spouse have a business or real estate interest(s) as described in question 2B? xX __YES NO If the answer is yes, please explain and give the name and location of these interest(s) and how you Propose to remove yourself from any possible conflict, (Attach additional sheet(s), if necessary.) See attached. SECTION V: JOB PERFORMANCE 30. ‘In no more than 150 words, please outline in priority order your four (4) specific short-term and four (4) specific long-term goals and objectives you would employ to achieve the entity’s purpose and improve its service delivery system if your nomination is confirmed for this position. See attached. 31. Is there any additional information that you believe would assist the Committee on Rules and the Judiciary in processing your nomination expeditiously? See attached. Office of the Governor, Office of Legal Counsel Questionnaire for Nominees to Departments, Agencies, Boards & Commissions Nominee: CAROLYN P. HERMON-PERCELL 29. Does any close relative or spouse have a business or real estate interest(s) as described in question 28? (owner of a business or real estate, partner or shareholder or affiliated in any way to sell goods or services to the Virgin Islands Government?) For several years, Karl R. Percell, Esq., spouse, as the Law Offices of Percell & Hermon-Percell, P.C. or Percell Legal Group, P.C. (where he is the president and sole owner), provided legal services to the governing board of the Schneider Regional Medical Center. He is a Member and holds a fifty percent (50%) interest in West Bay Wholesale, LLC, a business licensed and operated in the Virgin Islands. This business has or had contracts with the Government of the Virgin Islands, specifically with the Bureau of Corrections, Department of Human Services, and the Department of Education, for goods. He is also a Member and holds a fifty percent (50%) interest in Easy Import and Export Services, LLC, a business licensed and operated in the Virgin Islands for the sale of goods. I would immediately disclose and abstain and/or recuse myself from any matter between the University of the Virgin Islands (UVI) and Karl R. Percell, Esq., Percell Legal Group, P.C., West Bay Wholesale, LLC, Easy Import and Export Services, LLC, and all other persons or entities posing a conflict of interest to my tenure on the UVI Board of Trustees. Office of the Governor, Office of Legal Counsel Questionnaire for Nominees to Departments, Agencies, Boards & Commissions Nominee: CAROLYN P. HERMON-PERCELL 30. In no more than 150 words, please outline in priority order your four (4) specific short-term and four (4) specific long-term goals and objections you would employ to achieve the entity’s purpose and improve its service delivery system if your nomination is confirmed for this position. Short-Term: 1. Learn the governance functions and the constraints of the Board of Trustees of the University of the Virgin Islands (UVI) by reviewing applicable Virgin Islands law, the UVI Bylaws, the UVI Trustee’s Statement of Expectations, and other relevant documents, and by attending orientation and _ training sessions. 2. Support the new UVI President in her leadership role. 3. Advocate for increased funding for UVI to adequately staff with excellent faculty and administrators and to enhance student life. Based on my review of the testimony before the Committee on Budget, Appropriations and Finance of the 35" Legislature, there is a disparity in the UVI 2025 budget request for salaries and expenses and the funding subsequenily allotted to UVI in Act No. 8901. 4. Fulfill the duties and responsibilities as a UVI Trustee to the best of my abilities. -Ter 1. Explore the possibility of a law school at UVI. This is based on my perception in seeing advocates who appeared before me as a judicial officer, attending functions held by the Virgin Islands Bar Association, and in discussions with local legal professionals that Virgin Islanders are either not choosing to go to law school or are not returning to the territory after finishing law school. Office of the Governor, Office of Legal Counsel Questionnaire for Nominees to Departments, Agencies, Boards & Commissions Nominee: CAROLYN P. HERMON-PERCELL 31. Is there any additional information that you believe would assist the Committee on Rules and the Judiciary in processing your nomination expeditiously? Since its founding in 1962, the University of the Virgin Islands (UVI) has served our islands as the only institution of higher education, and | am a firm believer in the power of education to transform lives. | have always said it was UVI with its rigorous master’s degree curriculum and dedicated and student-focused professors that gave me the confidence to pursue a juris doctor and a legal career, a decision that has provided me with so many opportunities. | began my visits to UVI in high school when I used the Ralph Paiewonskly Library for research projects, and I continue to use its facilities such as the UVI wellness center and regularly drive through the Orville Kean campus. | have participated in the UVI Passport to the World, a great travel, learning and service program, and hope to join in future adventures. | aman alumna who holds life-long membership in the UVI Alumni Association and many of my family and friends are UVI graduates. I have witnessed the growth of UVI as it has added buildings and courses of study, and I have also seen its responses to challenges such as the Covid-19 global pandemic and budgetary constraints. | want to contribute to UVI by serving on its Board of Trustee as the institution remains “Historically American, Uniquely Caribbean, Globally Interactive.”